Kristensen v. Spotnitz et al

Filing 91

ORDER on Motion to Exclude denying 59 ; denying 61 Motion in Limine; denying 70 Motion in Limine. Signed by Judge Norman K. Moon on 6/3/2011. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CHARLOTTESVILLE DIVISION

CIVIL ACTION NO. 3:09-CV-00084

ALEXANDER STONE KRISTENSEN a minor by
next friend, SUSAN LEIGH KRISTENSEN, and
KAIA VICTORIA KRISTENSEN, a minor by next
friend, SUSAN LEIGH KRISTENSEN,
Plaintiffs,

ORDER

JUDGE NORMAN K. MOON

v.

WILLIAM DAVID SPOTNITZ and DENISE
CONSTANCE SCHAIN
Defendants.
This matter is before the court upon consideration of Defendants’ motions in limine to
exclude from introduction at trial the testimony of (i) Plaintiffs’ treating physicians for failure to
comply with Fed. R. Civ. P. 26(a)(2)(C) (docket no. 59); (ii) Dr. Elizabeth Frye, for failure to
comply with Fed. R. Civ. P. 26(a)(2)(B) (docket no. 70); and (iii) Darren Giacolome, pursuant to
Fed. R. Evid. 407 (docket no. 61). For the reasons set forth in the accompanying memorandum
opinion, the motions are hereby DENIED.
In addition, Plaintiffs are ORDERED to file an appropriate Rule 26(a)(2)(C) disclosure
with respect to Dr. Elgort within 14 days of the date of this order.
The Clerk of the Court is directed to send a certified copy of this order to all counsel of
record.
3rd
Entered this _______ day of June, 2011.

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