Lundquist v. First National Insurance Company of America
Filing
290
ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS, denying 222 Motion to Exclude; denying 224 Sealed Motion; denying 227 Motion to Exclude; denying 229 Sealed Motion; denying 231 Motion to Exclude; denying 233 Sealed Motion; denying 235 Motion to Exclude; denying 237 Sealed Motion. Signed by Judge Robert J. Bryan. (JL)
Case 3:18-cv-05301-RJB Document 290 Filed 10/13/20 Page 1 of 3
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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CAMERON LUNDQUIST, an individual,
and LEEANA LARA, an individual, on
behalf of themselves and all others
similarly situated,
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CASE NO. 18-5301 RJB
ORDER DENYING MOTIONS TO
EXCLUDE EXPERT TESTIMONY
AND OPINIONS
Plaintiffs,
v.
FIRST NATIONAL INSURANCE
COMPANY OF AMERICA, a New
Hampshire Corporation, and LM
GENERAL INSURANCE COMPANY, an
Illinois Corporation, and CCC
INFORMATION SERVICES
INCORPORATED, a Delaware
Corporation,
Defendants.
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THIS MATTER comes before the Court on Defendants First National Insurance
Company of America and LM General Insurance Company’s (collectively “Liberty”) Motion to
Strike Expert Reports of Berglund and Schwickerath for purposes of Class Certification (Dkt.
224; filed in redacted form at Dkt. 222), Defendant CCC Information Services Inc.’s (“CCC”)
ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS - 1
Case 3:18-cv-05301-RJB Document 290 Filed 10/13/20 Page 2 of 3
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Motion to Exclude the Testimony and Report of Dr. Lance Kaufman (Dkt. 229; filed in redacted
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form at Dkt. 227), CCC’s Motion to Exclude the Testimony and Report of David A.
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Schwickerath (Dkt. 233; filed in redacted form at Dkt. 231), and CCC’s Motion to Exclude the
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Testimony and Report of William J. Berglund (Dkt. 237; filed in redacted form at Dkt. 235).
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The Court has considered the pleadings filed regarding the motions and the remaining file. Oral
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argument on these motions is not required for their resolution.
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Motions to Exclude. The Defendants’ motions to exclude the testimony and opinions of
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Berglund, Schwickerath and Kaufman (Dkts. 222, 224, 227, 229, 231, 233, 235, and 237) should
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be denied in so far as they seek to exclude the testimony and reports from consideration on the
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motion for class certification. Plaintiffs have sufficiently shown that these experts’ opinions
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satisfy the criteria required by Fed. R. Evid. 702 and set out in Daubert v. Merrell Dow
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Pharmaceuticals, Inc., 509 U.S. 579 (1993), for purposes of the class certification motion. The
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expert opinions offered here show only possible approaches and no finding is made here on the
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merits of any expert opinion. The denial of these motions to exclude are without prejudice to a
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renewal of the motions, if appropriate, either as motions in limine or pursuant to Daubert
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motions.
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ORDER
It is ORDERED that:
•
Liberty’s Motion to Strike Expert Reports of Berglund and Schwickerath for
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purposes of Class Certification (Dkt. 224; filed in redacted form at Dkt. 222),
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Defendant CCC’s Motion to Exclude the Testimony and Report of Dr. Lance
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Kaufman (Dkt. 229; filed in redacted form at Dkt. 227), CCC’s Motion to
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Exclude the Testimony and Report of David A. Schwickerath (Dkt. 233; filed in
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ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS - 2
Case 3:18-cv-05301-RJB Document 290 Filed 10/13/20 Page 3 of 3
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redacted form at Dkt. 231), and CCC’s Motion to Exclude the Testimony and
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Report of William J. Berglund (Dkt. 237; filed in redacted form at Dkt. 235) ARE
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DENIED.
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The Clerk is directed to send uncertified copies of this Order to all counsel of record and
to any party appearing pro se at said party’s last known address.
Dated this 13th day of October, 2020.
A
ROBERT J. BRYAN
United States District Judge
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ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS - 3
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