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Welch v. Tri Rivers Consulting Services

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


July 14, 2010

SHERI M. WELCH, PLAINTIFF,
v.
TRI RIVERS CONSULTING SERVICES, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Cathy Bissoon United States Magistrate Judge

Judge Fischer

Magistrate Judge Bissoon

ORDER

Defendants' Motion to Strike (see Doc. 32) is DENIED. Plaintiff has not placed into the record any testimony or other evidence regarding Dr. William Zellweger, and, under the circumstances, there is nothing to "strike." Cf. generally L.Cv.R. 5.4.A (discovery materials are not filed with Clerk except by order of court).

Defendants' Motion In Limine regarding Dr. Zellweger (see Doc. 32) is DENIED WITHOUT PREJUDICE. Motions in limine generally are disfavored, and, otherwise, the Court declines to reach Defendants' arguments through the context of discovery. See Stewart v. Hooters of Amer., Inc., 2007 WL 1752838, *1 (M.D. Fla. Jun. 18, 2007) (motions in limine are appropriate "only if the evidence is clearly inadmissible for any purpose," and "evidentiary rulings [should] be deferred until . . . questions of foundation, relevancy, and prejudice [may] be resolved in [a proper] context") (citation omitted); see also, e.g., Pedroza v. Lomas Auto Mall, Inc., 2009 WL 1562751, *1 (D. N.M. May 15, 2009) (motion in limine premature where subject matter was issue of ongoing discovery).

Finally, Defendants' alternative request for additional discovery (see Doc. 32) is GRANTED, and discovery is extended until August 16, 2010. Discovery shall be limited to Defendants' designation of rebuttal expert(s), and the taking of expert depositions (including the continued deposition of Dr. Zellweger). The Status Conference set for July 27, 2010 at 2:15 p.m. is RESCHEDULED for September 1, 2010 at 10:00 a.m., and all other provisions of the Case Management Order dated December 9, 2009 (Doc. 20) shall remain in effect.

IT IS SO ORDERED.

20100714

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