WINN-DIXIE STORES, INC. et al v. EASTERN MUSHROOM MARKETING COOPERATIVE, INC. et al

Filing 350

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO PRECLUDE PLAINTIFFS' EXPERT TESTIMONY AT TRIAL 300 IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFFS' EXPERT DR. LEFFLER IS NOT PERMITTED TO OFFER OPINION TESTIMONY OF DAMAGES INCURRED DURING CONSPIRACY PERIODS THREE AND FOUR. PLAINTIFF'S MOTION TO EXCLUDE OR LIMIT THE OPINIONS OF DEFENDANTS' EXPERT 301 IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/9/21. 6/9/21 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WINN-DIXIE STORES, INC., et al.,
Plaintiffs,

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v.
EASTERN MUSHROOM MARKETING
COOPERATIVE, et al.,
Defendants.

CIVIL ACTION

No. 15-6480

ORDER
AND NOW, this 9th day of June, 2021, after consideration of Defendants’ Motion to
Preclude Plaintiffs’ Proposed Expert Testimony at Trial, and the responses and replies thereto, and
Plaintiffs’ Motion to Exclude or Limit the Opinions of Defendants’ Expert, and the responses and
replies thereto, and for the reasons outlined in this Court’s Memorandum dated June 9, 2021, it is
ORDERED that:
1. Defendants’ Motion to Preclude Plaintiffs’ Proposed Expert Testimony at Trial
(Document No. 300) is GRANTED in part and DENIED in part. Plaintiffs’
expert Dr. Leffler is not permitted to offer opinion testimony of damages incurred
during conspiracy periods three and four.
2. Plaintiffs’ Motion to Exclude or Limit the Opinions of Defendants’ Expert
(Document No. 301) is DENIED.

BY THE COURT:
/s/ Berle M. Schiller
Berle M. Schiller, J.