IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
February 15, 2011
RICKY A. SHAW,
EQUIPMENT CO., DEFENDANT
The opinion of the court was delivered by: Judge Conner
AND NOW, this 15th day of February, 2011, upon consideration of the motion in limine (Doc. 44) filed by plaintiff Ricky Shaw ("Shaw"), and it appearing that Shaw requests that the court strike the comments section of an expert report prepared by Chad Staller ("Mr. Staller"),*fn1 that Shaw further requests that the court prevent Mr. Staller from testifying about the subject matter therein, and that Shaw requests in the alternative that the court compel defendant Cumberland Truck Equipment Co. ("CTE") to provide a supplement to Mr. Staller's report, and it further appearing that Shaw contends that Mr. Staller's report fails to comply with Rule 26(a)(2)(B)(i) of the Federal Rules of Civil Procedure,*fn2 and the court concluding that Shaw has failed to establish that he is entitled to preclusion of the evidence at issue,*fn3 or an order compelling the production of a supplemental report,*fn4 it is hereby ORDERED that Shaw's motion in limine (Doc. 44) is DENIED, without prejudice to Shaw's right to object to evidence that Shaw believes is improperly offered at trial.
CHRISTOPHER C. CONNER United States District Judge