SALAMONE et al v. WAL-MART STORES, INC. et al

Filing 60

MEMORANDUM AND/OR OPINION ORDER THAT THE MOTION OF DEFENDANT, WAL-MART STORES EAST, L.P. TO PRECLUDE THE REPORT AND TESTIMONY OF ROSETTE C. BIESTER, PH.D (DOC. NO. 30) IS GRANTED. IT IS FURTHER ORDERED THAT DR. BIESTER'S REPORT MAY NOT BE USED IN ANY WAY AT TRIAL INCLUDING AS A BASIS FOR THE SUPPLEMENTAL VOCATIONAL REPORT PREPARED BY DANIEL M. RAPPUCCII, M.A., LRC, LPC, CRC. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 7/15/2011. 7/15/2011 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SANDRA SALAMONE, et ux.
v.
WAL-MART STORES EAST, LP, et al.

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:
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:
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CIVIL ACTION

NO. 10-CV-892

ORDER
AND NOW, this 15th

day of July, 2011, IT IS HEREBY ORDERED that the motion

of defendant, Wal-Mart Stores East, L.P. to preclude the report and testimony of Rosette C.
Biester, Ph.D. (Doc. # 30) pursuant to Federal Rule of Evidence 702, is GRANTED.
IT IS FURTHER ORDERED that Dr. Biester’s report may not be used in any way at trial
including as a basis for the supplemental vocational report prepared by Daniel M. Rappuccii,
M.A., LRC, LPC, CRC.

BY THE COURT:

/s/ J. William Ditter, Jr.
J. WILLIAM DITTER, JR., J.