Jordan et al v. City of Albany et al, No. 1:2009cv01054 - Document 33 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER denying as moot with leave to renew at trial Deft's 28 Motion in Limine to preclude expert report and testimony of one of Pltfs' experts. Signed by Senior Judge Thomas J. McAvoy on 5/23/11. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BRIAN JORDAN, et al, Plaintiffs, v. 1:09-cv-1054 FEDERAL MARINE TERMINALS, INC., et al, Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER Defendants moved to preclude the expert report and testimony of one of Plaintiffs experts, Douglas Rowland and/or Franklin Darius, as cumulative of the other. In response to the motion, by letter dated May 6, 2011, Plaintiffs attorney responded that I have spoken with [defense counsel] and advised . . . that the Plaintiffs will be calling only one of their liability experts. It is my understanding that based on this decision [defendants] will withdrawn [the] motion with the Court. To date, the motion has not been withdrawn. In light of Plaintiffs representation that they will call only one of the liability experts, the motion is DENIED AS MOOT with leave to renew at trial in the event Plaintiffs seek to introduce the testimony of both experts. IT IS SO ORDERED. Dated:May 23, 2011 -2-
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