Ramos-Matos et al v. United States of America, No. 3:2011cv01522 - Document 50 (D.P.R. 2012)
Court Description: OPINION AND ORDER denying 41 Defendant's Motion to Strike and finding as moot 41 Motion for Leave to File. Signed by US Magistrate Judge Marcos E. Lopez on 11/21/2012. (GDR)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO à NGEL RAMOS-MATOS, et al., Plaintiffs, v. CIVIL NO.: 11-1522 (MEL) UNITED STATES OF AMERICA, Defendant OPINION AND ORDER On October 11, 2012, defendant United States of America ( defendant ) filed a motion in limine to exclude the expert testimony introduced by plaintiffs à ngel Ramos-Matos and Marilyn Ramos-Matos ( plaintiffs ) (D.E. 36). On October 17, 2012, plaintiffs filed a response in opposition (D.E. 40). Pending before the court is defendant s motion to strike the two exhibits attached to plaintiffs response in opposition, reports by plaintiffs and defendant s expert witnesses ( exhibits ) (D.E. 41). Defendant s motion to strike plaintiffs exhibits (D.E. 41) is DENIED. The exhibits are not stricken; they were only considered to the extent that they aided the court in the disposition of the motion in limine to exclude plaintiffs expert testimony (D.E. 36). However, the written reports themselves, as opposed to the experts testimonies, constitute hearsay and thus are inadmissible at trial. See FED. R. EVID. 802. The motion for leave to file is MOOT in light of the opinion and order (D.E. 49) denying defendant s motion in limine (D.E. 36). IT IS SO ORDERED. In San Juan, Puerto Rico, this 21st day of November, 2012. s/Marcos E. López U.S. Magistrate Judge 2
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