Montgomery v. Sam's West, Inc.

Filing 50

ORDER Granting in part and Denying in part 36 Motion in Limine; Denying 38 Motion in Limine; Denying 39 Daubert Motion. The parties shall appear before the Honorable Graham C. Mullen on June 19, 2018 for a Judicial Settlement Conference and the trial is re-set for July 30, 2018. (See order for further rulings)Signed by Senior Judge Graham Mullen on 6/15/2018. (jaw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-356
BETH MONTGOMERY,
Plaintiff,
v.
SAM’S WEST, INC. d/b/a SAM’S
CLUB,
Defendant.

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ORDER

THIS MATTER is before the Court on the Motions in Limine, Daubert Motion, and
deposition designations filed by the parties in this case. The Court held a pre-trial hearing on
Friday June 15, 2018, in which the Court announced its rulings on the motions.
For the reasons stated in open court, it is THEREFORE ORDERED that:
1. Plaintiff’s Motion in Limine (Doc. No. 36) is GRANTED IN PART, DENIED IN
PART. Plaintiff’s Motion is denied with respect to (1) the “exemplar” lid, and (2) the
video produced by Defendant’s expert that is an authentic replication of the full length
Sam’s Club video but is only shortened and reversed. It is granted in all other respects.
2. Defendant’s Motion in Limine (Doc. No. 38) is DENIED;
3. Defendant’s Daubert Motion (Doc. No. 39) is DENIED; and
4. The following deposition testimony is STRICKEN:
a. Rhonda McGaha, p. 28, lines 16–18;
b. De Bene Esse Deposition of C. Thomas Gualtieri, M.D., p. 66, lines 16–24;
c. De Bene Esse Deposition of C. Thomas Gualtieri, M.D., p. 70, lines 18–25;
d. De Bene Esse Deposition of C. Thomas Gualtieri, M.D., p. 71, lines 1–8;

e. De Bene Esse Deposition of Aaron Hervey, PhD., p. 127, lines 9–15;
f. De Bene Esse Deposition of Aaron Hervey, PhD., p. 147, lines 16–23;
g. De Bene Esse Deposition of Aaron Hervey, PhD., p. 162, lines 9–15;
h. De Bene Esse Deposition of Aaron Hervey, PhD., p. 182, line 25;
i. De Bene Esse Deposition of Aaron Hervey, PhD., p. 183, lines 1–5;
j. De Bene Esse Deposition of John H. Sampson, M.D., PhD., p. 62, lines 11–25;
k. De Bene Esse Deposition of John H. Sampson, M.D., PhD., p. 63, lines 1–25; and
l. De Bene Esse Deposition of John H. Sampson, M.D., PhD., p. 64, lines 1–11;
5. All other objections to the deposition testimony are OVERRULED.
It is FURTHER ORDERED that:
1. The trial in this matter is re-set for July 30, 2018;1 and
2. The parties shall appear before the Honorable Graham C. Mullen on Tuesday, June 19,
2018, in Courtroom 2-2 at 10:00am for a judicial settlement conference.
SO ORDERED.
Signed: June 15, 2018

1

In order to accommodate travel schedules, the Court will permit witnesses to testify out of order, as
necessary.