EEOC v. Wal-Mart Stores Inc, No. 6:2001cv00339 - Document 653 (E.D. Ky. 2010)

Court Description: OPINION & ORDER: This matter is before the Court on Wal-Mart's Motion in Limine to Exclude Evidence of Two Databases Created by Wal-Mart's Counsel (DE 507 ) and Wal-Mart's Objection to Plf's Exhibit 132 Barnow's Rebuttal Rep ort (DE 469 ). Wal-Mart moves to exclude evidence of two databases that were created by Wal-Marts counsel. This motion (DE 507 ) is GRANTED. The databases were not created for statistical analysis. They were created solely to catalog applications s ubmitted by Wal-Mart during discovery. The party that produced the databases Wal-Mart argues they are unreliable and full of errors. This is the sole evidence before the Court regarding the reliability of the databases. Wal-Mart's statistical ex pert did not rely on either database in formulating his opinions. Further, the Court has no evidence before it regarding how these databases were constructed. Thus, the Court will exclude any evidence of the databases and any opinion relying on them. As to Wal-Mart's objection to Barnows Rebuttal Report (DE 469 ), the substance of this motion has been addressed in the Courts ruling on Wal-Mart's Motion to Strike the rebuttal report and with the ruling above. Accordingly, this motion ( DE 469 ) is DENIED as moot. Signed by Judge Karen K. Caldwell on 2/18/2010. (Document scanned for immediate distribution to parties per Chamber's instructions.)(RBB)cc: COR Modified on 2/18/2010 to create docket relations ship to 469 OBJECTIONS (Bundy, Renee).