Wells Fargo Bank NA v. LaSalle Bank National Association

Filing 177

DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO PRECLUDE EXPERT OPINION BY DEFENDANT'S EXPERT - Given that the Court expressly provided for rebuttal expert reports in the Scheduling Order and that Mr. Abshier's opinions on Representat ion and Warranty 6 and 13 were fully disclosed to Plaintiff before Abshier was deposed, the Court finds no prejudice from allowing LaSalle to rely on its interpretation. The Motion in Limine is denied. Signed by Magistrate Judge Michael R Merz on 7/7/2009. (kopf1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
WELLS FARGO BANK, N.A., etc., Plaintiff, -vs: LaSALLE BANK NATIONAL ASSOCIATION, Defendant. : Case No. 3:07-cv-449 Magistrate Judge Michael R. Merz

DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO PRECLUDE EXPERT OPINION BY DEFENDANT'S EXPERT

This case is before the Court on Plaintiff's Motion in Limine to Preclude Defendant's Expert Witness from Offering Opinions on Representations 6 and 13 (Doc. No. 116) which Defendant opposes (Doc. No. 129); Plaintiff has filed a reply in response. The Court believes this Motion requires no extensive analysis. Both parties' interpretations of this Court's General Order No. 1 are colorable. Given that the Court expressly provided for rebuttal expert reports in the Scheduling Order and that Mr. Abshier's opinions on Representation and Warranty 6 and 13 were fully disclosed to Plaintiff before Abshier was deposed, the Court finds no prejudice from allowing LaSalle to rely on its interpretation. The Motion in Limine is denied. July 7, 2009.
s/ Michael R. Merz United States Magistrate Judge

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