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David H. Pease, Iii and Lisa Pease v. Lycoming Engines

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


August 22, 2012

DAVID H. PEASE, III AND LISA PEASE PLAINTIFFS,
v.
LYCOMING ENGINES, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 22nd day of August, 2012, upon consideration of defendant Lycoming Engines' ("Lycoming") motions in limine to strike the expert designation and testimony of plaintiff witnesses Christy L. Cooper, R.N. (Doc. 187), Lou M. Smith, M.D. (Doc. 189), Christopher J. Smith, M.D. (Doc. 191), and Kelly K. Napier, Psy. D. (Doc. 193); Lycoming's motion to bifurcate (Doc. 199), and plaintiff David H. Pease et al.'s ("Pease") motion to preclude Lycoming's undisclosed experts from testifying at trial (Doc. 185), and in consideration of the pretrial conference held August 21, 2012, and the rulings made by the court therein, it is hereby ORDERED that:

1. Lycoming's motion to bifurcate (Doc. 199) is DENIED.

2. Lycoming's motions to strike the expert designation and testimony of plaintiff witnesses Lou M. Smith, M.D. (Doc. 189), Christopher J. Smith, M.D. (Doc. 191), and Kelly K. Napier, Psy. D. (Doc. 193), are DENIED without prejudice to Lycoming's right to raise specific objections at the time of trial.*fn1

3. Lycoming's motion to strike the expert designation and testimony of plaintiff witness Christy L. Cooper, R.N., (Doc. 187), in light of parties' agreement on this matter, is DENIED as moot.

4. Pease's motion to preclude Lycoming's undisclosed experts from testifying at trial is DENIED without prejudice to Pease's right to raise specific objections at the time of trial.*fn2

4. The parties are hereby ORDERED to meet and confer on the relevance of the parties' respective exhibits, in order to narrow the lists to those exhibits relevant to the issues of liability and damages as presented in this case, but without prejudice to each parties' right to present additional exhibits for the purpose of impeachment or rebuttal.

CHRISTOPHER C. CONNER United States District Judge


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