Diallo v. Ruan Transport Corporation et al

Filing 90

ORDER: In the parties' joint pretrial order, the defendants identify several physicians from whom, it appears, the defendants will seek, without objection, to elicit opinion evidence, as contemplated by Rules 702 and 703 of the Federal Rules of Evidence. To enable the Court to perform its gatekeeping obligation, see Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786 (1993), and determine, inter alia, whether the prospective physician witnesses should be allow ed to give opinion evidence at the trial of this action, on or before August 10, 2021, the defendants shall file evidence, via affidavit(s) or otherwise, and a memorandum of law establishing that the prospective witnesses' respective opinions should be received in evidence at the trial. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/26/2021) (ate)

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Case 1:18-cv-01834-KNF Document 90 Filed 07/26/21 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------X OUSMANE H. DIALLO, : Plaintiff, : - against - : RUAN TRANSPORTATION CORPORATION and ERIC C. RAMIREZ, ORDER 18-CV-1834 (KNF) : Defendants. : ------------------------------------------------------------------------X KEVIN NATHANIEL FOX UNITED STATES MAGISTRATE JUDGE In the parties’ joint pretrial order, the defendants identify several physicians from whom, it appears, the defendants will seek, without objection, to elicit opinion evidence, as contemplated by Rules 702 and 703 of the Federal Rules of Evidence. To enable the Court to perform its gatekeeping obligation, see Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786 (1993), and determine, inter alia, whether the prospective physician witnesses should be allowed to give opinion evidence at the trial of this action, on or before August 10, 2021, the defendants shall file evidence, via affidavit(s) or otherwise, and a memorandum of law establishing that the prospective witnesses’ respective opinions should be received in evidence at the trial. Dated: New York, New York July 26, 2021 SO ORDERED: Case 1:18-cv-01834-KNF Document 90 Filed 07/26/21 Page 2 of 3 Case 1:18-cv-01834-KNF Document 90 Filed 07/26/21 Page 3 of 3

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