Gell v. Town of Aulander, et al
Filing 251
MEMORANDUM AND RECOMMENDATIONS re 195 MOTION To Exclude or Limit Expert Opinion, Report or Testimony of Craig W. Haney filed by Dwight L. Ransome and 122 MOTION to Exclude Testimony of Defendant's Proposed Expert Isaac Avery filed by James A lan Gell. IT IS RECOMMENDED that: (1.)Gell's motion to exclude Avery's testimony (DE #122) be GRANTED with respect to the statement regarding the SBI's "premier" status in Opinion A, but no other portions of Opinion A, and th e remaining opinions of Avery (i.e., Opinions B through N), and Avery not be permitted to testify regarding such statement or remaining opinions; and be DENIED with respect to the portions of Opinion A other than the statement regarding the SBI' s "premier" status and Avery be permitted to testify regarding such other portions of Opinion A. (2.) Ransome's motion to exclude Haney's testimony (DE #195) be GRANTED with respect to topics (2) and (3) (based on the withdrawal o f such testimony) and such testimony be excluded; and the motion be DENIED with respect to topic (1) and Haney be permitted to testify regarding that topic. Signed by USMJ James E. Gates on 12/01/08. Cys served electronically. (Attachments: # 1 M&R Notice) (Baker, C.)
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