NBL FLOORING, INC. v. TRUMBALL INSURANCE CO. et al

Filing 94

MEMORANDUM AND/OR OPINION ORDER THAT THE MOTION TO STRIKE PLAINTIFF'S EXPERT REPORT (DOC. NO. 76) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/18/2013. 10/18/2013 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NBL FLOORING, INC., on behalf of itself
and others similarly situated,
Plaintiff,

CIVIL ACTION NO. 10-4398

v.

F~lED
OCT 1 8 2013

TRUMBALL INSURANCE CO., et al.,
Defendants.

MICHAELE. tCUNZ, Clerk
Dep. Clerk

By
ORDER

AND NOW, this 18th day of October 2013, upon consideration of Defendants' Motion to
Strike Plaintiffs Expert Report [Doc. No. 76] and Plaintiffs' response thereto, and for the
reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED that the
Motion is GRANTED in part and DENIED in part.
The Court STRIKES portions of Mr. Priz's expert report. Specifically, the Court has
found Mr. Priz unqualified to describe, interpret, or apply Pennsylvania law, and will strike his
report to the extent that it discusses the criteria insurers must consider in determining premiums
under Pennsylvania's Workers' Compensation law or opines as to whether Defendants' audits
complied with Pennsylvania law.
Should Plaintiff wish to call Mr. Priz as a witness at the class certification hearing
scheduled for October 24, 2013, the Court will allow Mr. Priz to testify regarding the issues on
which the Court has found him qualified.

It is so ORDERED.
BY THE COURT: