BERGER et al v. CUSHMAN & WAKEFIELD OF PENNSYLVANIA, INC. et al

Filing 212

ORDER THAT PLFFS' MOTION TO EXCLUDE THE PROPOSED EXPERT TESTIMONY OF CHAIM SAIMAN (DOC. NO. 121) IS GRANTED IN PART & DENIED IN PART, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/23/18. 5/24/18 ENTERED AND COPIES E-MAILED AND FAXED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BUSYSTORE LIMITED IN
LIQUIDATION, and
BERGFELD CO. LIMITED,
Plaintiffs,

CIVIL ACTION

v.

NO. 13-5195

CUSHMAN & WAKEFIELD OF
PENNSYLVANIA, INC., and
COZEN O’CONNOR, P.C.,
Defendants,
and
CUSHMAN & WAKEFIELD OF
PENNSYLVANIA, INC.,
Third Party Plaintiff,
v.
CHAIM ZEV LEIFER,
HASKEL KISH and
JFK BLVD. ACQUISITION G.P., LLC,
Third Party Defendants.
ORDER
AND NOW, this 23rd day of May, 2018, upon consideration of Plaintiffs’ Motion to
Exclude the Proposed Expert Testimony of Chaim Saiman (Document No. 121, filed April 17,
2017), Defendant Cushman & Wakefield of Pennsylvania, Inc.’s Memorandum of Law in
Opposition to Plaintiffs’ Motion to Exclude the Proposed Expert Testimony of Chaim Saiman
(Document No. 135, May 24, 2017), Plaintiffs’ Reply Memorandum of Law in Further Support
of their Motion to Exclude the Proposed Expert Testimony of Chaim Saiman (Document No.
170, filed June 14, 2017), and Cushman & Wakefield and plaintiffs’ joint letter dated May 11,
2018, setting forth the remaining issues with respect to Plaintiffs’ Motion to Exclude the Expert

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Testimony of Chiam Saiman, for the reasons set forth in the accompanying Memorandum, dated
May 23, 2018, IT IS ORDERED that the Motion is GRANTED IN PART and DENIED IN
PART as follows:
1) That part of the Motion which seeks to preclude Professor Chaim Saiman from testifying
as to whether the conduct of Berish Berger was consistent with business practices and customs
found within the ultra-Orthodox Jewish Community is DENIED;
2) That part of the Motion which seeks to preclude Professor Chaim Saiman from testifying
regarding Eli Weinstein’s larger scheme of religious affinity fraud is GRANTED;
3) That part of the Motion which seeks to preclude Professor Chaim Saiman from testifying
as to the translation of a letter from Chaim Leifer to Berish Berger dated December 17, 2006,
from Hebrew to English is GRANTED IN PART and DENIED IN PART. Saiman may
translate Leifer’s letter and may testify as to Biblical and Talmudic references contained in that
letter and annotated in Saiman’s translation. Saiman may not testify as to Leifer’s underlying
intent and state of mind.

BY THE COURT:
/s/ Hon. Jan E. Dubois
DuBOIS, JAN E., J.

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