Brenenstuhl et al v. Amica Mutual Insurance Company

Filing 41

ORDER that Amica's 28 motion to preclude is DENIED. That this case is deemed trial ready, and the court, in due course, shall issue a trial scheduling order. Signed by Chief Judge Gary L. Sharpe on 9/18/2012. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
KRISTOPHER
BRENENSTUHL et al.,
Plaintiffs,

1:10-cv-1365
(GLS/CFH)

v.
AMICA MUTUAL INSURANCE
COMPANY,
Defendant.
________________________________
ORDER
Pending before the court is defendant Amica Mutual Insurance
Company’s motion to preclude plaintiffs Kristopher and Sarah
Brenenstuhl’s expert witnesses—Patrick Dugan and John
Mulcahy—pursuant to Federal Rules of Evidence 702 and 403. (See Dkt.
No. 28.) Amica contends that the opinions of Dugan and Mulcahy will not
assist the trier of fact and are not based on sufficient facts or data, (see
Dkt. 28, Attach. 6 at 3-6), and that Mulcahy fails to qualify as an expert by
knowledge, skill, experience, training, or education, (see id. at 10-11). At
this juncture, the court denies the motion, but notes that Amica is not
foreclosed from renewing their challenge at an appropriate time. Because
the dispositive motion and discovery deadlines have expired, the court

deems this case trial ready and will issue a trial scheduling order in due
course.
ACCORDINGLY, it is hereby
ORDERED that Amica’s motion to preclude (Dkt. No. 28) is DENIED;
and it is further
ORDERED that this case is deemed trial ready, and the court, in due
course, shall issue a trial scheduling order; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties.
IT IS SO ORDERED.
September 18, 2012
Albany, New York

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