Lundquist et al v. First National Insurance Company of America et al, No. 3:2018cv05301 - Document 290 (W.D. Wash. 2020)

Court Description: ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS, denying 222 Motion to Exclude; denying 224 Sealed Motion; denying 227 Motion to Exclude; denying 229 Sealed Motion; denying 231 Motion to Exclude; denying 233 Sealed Motion; denying 235 Motion to Exclude; denying 237 Sealed Motion. Signed by Judge Robert J. Bryan. (JL)

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Lundquist et al v. First National Insurance Company of America et al Doc. 290 Case 3:18-cv-05301-RJB Document 290 Filed 10/13/20 Page 1 of 3 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 11 12 CAMERON LUNDQUIST, an individual, and LEEANA LARA, an individual, on behalf of themselves and all others similarly situated, 13 14 15 16 17 18 19 CASE NO. 18-5301 RJB ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS Plaintiffs, v. FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a New Hampshire Corporation, and LM GENERAL INSURANCE COMPANY, an Illinois Corporation, and CCC INFORMATION SERVICES INCORPORATED, a Delaware Corporation, Defendants. 20 21 22 23 24 THIS MATTER comes before the Court on Defendants First National Insurance Company of America and LM General Insurance Company’s (collectively “Liberty”) Motion to Strike Expert Reports of Berglund and Schwickerath for purposes of Class Certification (Dkt. 224; filed in redacted form at Dkt. 222), Defendant CCC Information Services Inc.’s (“CCC”) ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS - 1 Dockets.Justia.com Case 3:18-cv-05301-RJB Document 290 Filed 10/13/20 Page 2 of 3 1 Motion to Exclude the Testimony and Report of Dr. Lance Kaufman (Dkt. 229; filed in redacted 2 form at Dkt. 227), CCC’s Motion to Exclude the Testimony and Report of David A. 3 Schwickerath (Dkt. 233; filed in redacted form at Dkt. 231), and CCC’s Motion to Exclude the 4 Testimony and Report of William J. Berglund (Dkt. 237; filed in redacted form at Dkt. 235). 5 The Court has considered the pleadings filed regarding the motions and the remaining file. Oral 6 argument on these motions is not required for their resolution. 7 Motions to Exclude. The Defendants’ motions to exclude the testimony and opinions of 8 Berglund, Schwickerath and Kaufman (Dkts. 222, 224, 227, 229, 231, 233, 235, and 237) should 9 be denied in so far as they seek to exclude the testimony and reports from consideration on the 10 motion for class certification. Plaintiffs have sufficiently shown that these experts’ opinions 11 satisfy the criteria required by Fed. R. Evid. 702 and set out in Daubert v. Merrell Dow 12 Pharmaceuticals, Inc., 509 U.S. 579 (1993), for purposes of the class certification motion. The 13 expert opinions offered here show only possible approaches and no finding is made here on the 14 merits of any expert opinion. The denial of these motions to exclude are without prejudice to a 15 renewal of the motions, if appropriate, either as motions in limine or pursuant to Daubert 16 motions. ORDER 17 18 19 It is ORDERED that: • Liberty’s Motion to Strike Expert Reports of Berglund and Schwickerath for 20 purposes of Class Certification (Dkt. 224; filed in redacted form at Dkt. 222), 21 Defendant CCC’s Motion to Exclude the Testimony and Report of Dr. Lance 22 Kaufman (Dkt. 229; filed in redacted form at Dkt. 227), CCC’s Motion to 23 Exclude the Testimony and Report of David A. Schwickerath (Dkt. 233; filed in 24 ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS - 2 Case 3:18-cv-05301-RJB Document 290 Filed 10/13/20 Page 3 of 3 1 redacted form at Dkt. 231), and CCC’s Motion to Exclude the Testimony and 2 Report of William J. Berglund (Dkt. 237; filed in redacted form at Dkt. 235) ARE 3 DENIED. 4 5 6 7 8 9 The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party’s last known address. Dated this 13th day of October, 2020. A ROBERT J. BRYAN United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER DENYING MOTIONS TO EXCLUDE EXPERT TESTIMONY AND OPINIONS - 3

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