LEPORACE v. NEW YORK LIFE AND ANNUITY et al

Filing 99

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO EXCLUDE THE TESTIMONY OF MARY E. FULLER [ECF 52] IS GRANTED IN PART AND DENIED IN PART, AND THE MARY FULLER EXPERT REPORTS ARE STRICKEN. PLAINTIFF HAS LEAVE TO SUBMIT A NEW REPORT BY MS. FULLER CO NSISTENT WITH THE FOREGOING MEMORANDUM WITHIN FOURTEEN (14) DAYS. THIS COURT MAY HAVE AN EVIDENTIARY HEARING ON A DATE TO BE SET, OR DURING THE TRIAL. THE REPORT MUST INCLUDE A LIST OF CITATIONS TO ANY COURT RULINGS THAT ADMITTED OR DENIED ADMISSIBIL ITY OF HER POST 2001 EXPERT TESTIMONY IN WHOLE OR IN PART. THE WEEK OF 5/5/14 IS NO LONGER AVAILABLE FOR TRIAL OF THIS CASE. COUNSEL SHALL PROMPTLY ADVISE THE COURT AS TO SPECIFIC TRIAL ATTACHMENTS THAT MAY PREVENT THEN FROM TRYING THIS IN APRIL, 201 4, WITH COURT, CASE NUMBER, AND JUDGE, AND IF ANY CHANGES OCCUR IN THAT SCHEDULE. IF THE CASE CANNOT BE TRIED IN APRIL, 2014, THE COURT WILL COMMENCE THE TRIAL AS OF MAY 12, 2014. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/26/14. 2/27/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RALPH LEPORACE,
Plaintiff,
v.
N.Y. LIFE & ANNUNITY CORP., UNUM
GROUP CORP., & THE PAUL REVERE
INSURANCE CO.
Defendants

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CIVIL ACTION

NO. 11-2000

ORDER RE: PROPOSED EXPERT TESTIMONY BY PLAINTIFF
AND NOW, this 26th day of February of 2014, for the reasons stated in the foregoing
Memorandum, it is hereby ORDERED as follows:
1.

Defendant’s Motion to Exclude the Testimony of Mary E. Fuller (ECF 52) is

GRANTED in part and DENIED in part, and the Mary Fuller expert reports are stricken.
2.

Plaintiff has leave to submit a new report by Ms. Fuller consistent with the

foregoing memorandum within fourteen (14) days.
3.

This Court may have an evidentiary hearing on a date to be set, or during the trial.

4.

The report must include a list of citations to any court rulings that admitted or

denied admissibility of her post 2001 expert testimony in whole or in part.
5.

The week of May 5, 2014 is no longer available for trial of this case. Counsel

shall promptly advise the Court as to specific trial attachments that may prevent them from
trying this in April, 2014, with court, case number, and judge, and if any changes occur in that
schedule. If the case cannot be tried in April, 2014, the Court will commence the trial as of May
12, 2014.
BY THE COURT:
/s/ Michael M. Baylson
_________________________
Michael M. Baylson, U.S.D.J.
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