Kovacevich v. Vanderbilt University

Filing 150

ORDER: For the reasons stated in the accompanying Memorandum, the Court rules as follows: (1) Plaintiff's Motion For Partial Summary Judgment 73 is hereby DENIED; (2) Defendant's Motion For Summary Judgment 76 is hereby DENIED; (3) Defe ndant's Motion To Strike Report Of Dr. Estrada-Belli 113 is hereby GRANTED; (4) Plaintiff's Motion To Strike Defendant's Response To Plaintiff's Statement Of Material Facts Which Preclude A Grant Of Summary Judgment, D.E. 126 [1 35] is hereby DENIED; and (5) this case will proceed to Final Pretrial Conference, to be set in a separate Order. (6) At the Final Pretrial Conference the Court will hear argument and any evidence presented under Daubert v. Merrell Dow Pharmaceutical s, Inc., 509 U.S. 579 (1993), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), in connection with the Motion On Behalf Of The Defendant, Vanderbilt University To Exclude The Testimony Of Plaintiffs Expert Witness, John Monaghan, Ph.D. 109 . It is so ORDERED. Signed by Senior Judge Robert Echols on 4/12/10. (tmw)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION BRIGITTE KOVACEVICH, Plaintiff, v. VANDERBILT UNIVERSITY, Defendant. ) ) ) ) ) ) ) ) )

No. 3:09-0068 JUDGE ECHOLS

ORDER For the reasons stated in the accompanying Memorandum, the Court rules as follows: (1) Plaintiff's Motion For Partial Summary Judgment (Docket Entry No. 73) is hereby DENIED; (2) Defendant's Motion For Summary Judgment (Docket Entry No. 76) is hereby DENIED; (3) Defendant's Motion To Strike Report Of Dr. Estrada-Belli (Docket Entry No. 113) is hereby GRANTED; (4) Plaintiff's Motion To Strike Defendant's Response To Plaintiff's Statement Of Material Facts Which Preclude A Grant Of Summary Judgment, D.E. 126 (Docket Entry No. 135) is hereby DENIED; and (5) this case will proceed to Final Pretrial Conference, to be set in a separate Order. (6) At the Final Pretrial Conference the Court will hear argument and any evidence presented under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), in connection with the Motion On Behalf Of The

Defendant, Vanderbilt University To Exclude The Testimony Of Plaintiff's Expert Witness, John Monaghan, Ph.D. (Docket Entry No. 109). It is so ORDERED.

_________________________________________ ROBERT L. ECHOLS UNITED STATES DISTRICT JUDGE

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