In re: NC Swine Farm Nuisance Litigation
ORDER denying 253 Motion in Limine; denying as moot 269 Motion for Leave to File. Signed by Senior Judge W. Earl Britt on 5/25/2017. (Marsh, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Master Case No. 5:15-CV-00013-BR
IN RE: NC SWINE FARM
THIS DOCUMENT RELATES TO:
This matter is before the court on defendant Murphy-Brown LLC’s (“defendant”) motion
to exclude the expert testimony of Steven Wing, Ph.D., (DE # 253), and plaintiffs’ motion for
leave to file supplemental evidence in support of their response to defendant’s motion, (DE #
269).1 Having fully considered the briefs and supporting documents relative to defendant’s
motion, the court will not exclude Dr. Wing’s testimony in its entirety, and defendant’s motion is
therefore DENIED. Because the court did not consider the supplemental evidence in reaching its
decision, plaintiffs’ motion is DENIED as moot to the extent it relates to the motion to exclude;
otherwise, plaintiffs’ motion remains pending before Judge Jones.
This 25 May 2017.
W. Earl Britt
Senior U.S. District Judge
Plaintiffs’ motion also seeks leave to file supplemental evidence in support of their memorandum in opposition to
defendant’s motion to clarify or, in the alternative, to amend the scheduling order, which motion is pending before
U.S. Magistrate Judge Robert Jones.
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