Simms v. City of San Antonio, et al

Filing 80

ORDER DENYING 35 Motion to exclude; DENYING 36 Motion to exclude; DENYING 37 Motion to exclude; DENYING 41 Motion to exclude Signed by Judge Elizabeth S. Chestney. (mgr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
NATALIE D. SIMMS,
Plaintiff,
vs.
CITY OF SAN ANTONIO, TEXAS,
MARA LYNN WILSON,
Defendants.

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SA-18-CV-00211-DAE

ORDER
Before the Court in the above-styled and numbered cause of action are Plaintiff’s Motion
to Exclude Defendant City of San Antonio’s Expert Timothy Braaten [#35], Plaintiff’s Motion to
Exclude Defendant City of San Antonio’s Expert Gustavo Guzman [#36], Plaintiff’s Motion to
Exclude Defendant Wilson’s Expert Albert Ortiz [#37], and Plaintiff’s Motion to Exclude an
Expert or in the Alternative Cumulative and Duplicative Testimony (Drs. Ticknor and Cooper)
[#41]. The motions were referred to the undersigned on October 18 and October 23, 2018. In
reviewing the motions, the Court has also considered Defendants’ responses to them [#46, #47,
#48, #49].
The Court held a hearing on the motions on March 25, 2019, and all parties appeared
through counsel of record. After considered the motions and responses thereto, the record, the
applicable law, and the arguments made at the hearing, the Court made certain oral rulings and
stated its reasons for those rulings on the record. In addition, the Court now confirms its oral
rulings with the following written orders:

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IT IS THEREFORE ORDERED that Plaintiff’s Motion to Exclude Defendant City of
San Antonio’s Expert Timothy Braaten [#35], Plaintiff’s Motion to Exclude Defendant City of
San Antonio’s Expert Gustavo Guzman [#36], and Plaintiff’s Motion to Exclude Defendant
Wilson’s Expert Albert Ortiz [#37] are DENIED, without prejudice to the objections therein
being raised in a motion in limine or at trial.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Exclude an Expert or in the
Alternative Cumulative and Duplicative Testimony (Drs. Ticknor and Cooper) [#41] is
DENIED, without prejudice to the objections therein being raised in a motion in limine or at
trial.
IT IS SO ORDERED.
SIGNED this 25th day of March, 2019.

ELIZABETH S. ("BETSY") CHESTNEY
UNITED STATES MAGISTRATE JUDGE

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