SLAPPY-SUTTON et al v. SPEEDWAY LLC

Filing 27

ORDER THAT DEFT'S, SPEEDWAY LLC, MOTION TO PRECLUDE THE TESTIMONY OF KEITH A. BERGMAN, P.C. IS DENIED. THE ACCOMPANYING MEMORANDUM AND THIS ORDER ARE WITHOUT PREJUDICE TO THE RIGHT OF DEFT TO SEEK RECONSIDERATION AT TRIAL IF WARRANTED BY THE EVIDENCE AND THE LAW AS STATED IN THE ATTACHED MEMORANDUM. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/30/19. 7/31/19 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROD SLAPPY-SUTTON, and
JEAN SUTTON, h/w,
Plaintiff,

CIVIL ACTION

v.
NO. 16-4765
SPEEDWAY LLC,
Defendant.
ORDER
AND NOW, this 30th day of July, 2019, upon consideration of Defendant’s, Speedway
LLC, Motion to Preclude the Testimony of Keith A. Bergman, P.E. (Document No. 12, filed
October 7, 2017), and Plaintiffs Rod Slappy-Sutton and Jean Sutton’s Response to Defendant
Speedway LLC’s Motion to Preclude Keith Bergman, P.E. from Testifying at Trial (Document
No. 14, filed on October 20, 2017), for the reasons set forth in the in the accompanying
Memorandum dated July 30, 2019, IT IS ORDERED that Defendant’s, Speedway LLC, Motion
to Preclude the Testimony of Keith A. Bergman, P.E. is DENIED.
The accompanying Memorandum and this Order are WITHOUT PREJUDICE to the
right of defendant to seek reconsideration at trial if warranted by the evidence and the law as
stated in the attached Memorandum.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.