Kivel v. Ethicon, Inc. et al, No. 2:2012cv00591 - Document 118 (S.D.W. Va. 2016)
Court Description: MEMORANDUM OPINION AND ORDER (Motion in Limine re: Timothy Ulatowski) denying as moot 96 MOTION by Beverly Kivel in Limine to Limit Testimony at Trial of Ethicon's Regulatory Expert, Timothy Ulatowski. Signed by Judge Joseph R. Goodwin on 12/13/2016. (cc: counsel of record; any unrepresented party) (ts)
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Kivel v. Ethicon, Inc. et al Doc. 118 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION BEVERLY KIVEL, Plaintiff, v. CIVIL ACTION NO. 2:12-cv-591 ETHICON, INC., et al., Defendants. MEMORANDUM OPINION AND ORDER (Motion in Limine re: Timothy Ulatowski) Pending before the court is the plaintiff’s Motion in Limine to Limit Testimony at Trial of Ethicon’s Regulatory Expert, Timothy Ulatowski [ECF No. 96]. For the following reasons, the Motion is DENIED as moot. The plaintiff requests that the court exclude portions of defense expert Timothy Ulatowski’s report related to the FDA as improper and prejudicial. Mem. Supp. Mot. Lim. 1 [ECF No. 97]. Specifically, the plaintiff wishes to exclude references to the FDA’s 510(k) clearance process, FDA regulations or procedures, FDA decisionmaking, FDA communications, and the defendants’ compliance with such. Id. at 2. The plaintiff’s Motion is duplicative as the court previously ruled on the admissibility of such evidence. See Mem. Op. & Order, Aug. 25, 2016, 6–8 [ECF No. 107]. Therefore, the plaintiff’s Motion [ECF No. 96] is DENIED as moot. Dockets.Justia.com The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 13, 2016 2
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