Orner v. National Beef Packaging Company

Filing 58

ORDER: Magistrate Judge Blewitt's report and recommendation 55 is ADOPTED. The Defendant'ss Motion to Strike Brief in Opposition to Motion for Summary Judgment 44 is DENIED in part and GRANTED in part. To the extent that Plaintiff 9;s expert Rappucci's Report offers opinions on legal issues, they are excluded. The remainder of Rappucci's Report and the report of Plaintiff's expert Dr. Glass are not excluded. The case is remanded to Magistrate Judge Blewitt for resolution of the pending motion and other relevant proceedings. Signed by Honorable Matthew W. Brann on 12/9/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CANDY S. ORNER,
Plaintiff,
v.
NATIONAL BEEF PACKAGING,
COMPANY, LLC,
Defendants.

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Case No. 4:13-cv-0837
(Judge Brann)
(Magistrate Judge Blewitt)

ORDER
December 9, 2014
The undersigned has given full and independent consideration to the
thorough June 17, 2014 report and recommendation of Magistrate Judge Thomas
M. Blewitt (ECF No. 55). The Defendant filed an Objection (ECF No. 56) and the
Plaintiff filed a reply (ECF No. 57). The Court reviewed the Defendant’s
objections under the de novo standard.
Because this Court agrees with Magistrate Judge Blewitt’s recommendation,
the Court will not rehash the reasoning of the Magistrate Judge and will adopt the
report and recommendation in its entirety. The Defendant’s objections to the
reliability of the expert reports are, in this instance, issues more appropriately
explored on cross examination than in this motion to strike the testimony.
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NOW, THEREFORE, IT IS ORDERED THAT:
1.

Magistrate Judge Blewitt’s report and recommendation is ADOPTED
(ECF No. 55).

2.

The Defendant’s Motion to Strike Brief in Opposition to Motion for
Summary Judgment is DENIED in part and GRANTED in part (ECF
No. 44). To the extent that Plaintiff’s expert Rappucci’s Report offers
opinions on legal issues, they are excluded. The remainder of
Rappucci’s Report and the report of Plaintiff’s expert Dr. Glass are
not excluded.

3.

The case is remanded to Magistrate Judge Blewitt for resolution of the
pending motion and other relevant proceedings.

BY THE COURT:
/s Matthew W. Brann
Matthew W. Brann
United States District Judge

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