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MYERS v. U.S.

United States District Court, S.D. California


September 16, 2005.

CHRISTINE MYERS, Acting as guardian ad litem for Lacie Myers, a minor, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendants.

The opinion of the court was delivered by: ROGER BENITEZ, District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION [Docket Nos. 228, 230, 232, 234, and 239]
Defendant United States of America ("Defendant") has moved to exclude expert testimony of: (1) Sandra Brown, Ph.D. [Docket No. 228]; (2) Dr. Frederick Oehme [Docket No. 230]; (3) Ron Briggs, Ph.D [Docket No. 232]; (4) Roman Worobel, CIH [Docket No. 234]; (5) Ben Renfroe, M.D. and Ronald Yarbrough, Ph.D. [Docket No. 239].

In April 2005, the Honorable Magistrate Judge Anthony J. Battaglia issued a Report and Recommendation, denying in part and granting in part Defendant's Motion. Specifically, Judge Battaglia denied in whole Defendant's Motions to exclude testimony by: (1) Sandra Brown, Ph.D; (2) Dr. Ron Brigg; (3) Roman Worobel; and (4) Dr. Ben Renfroe. Judge Battaglia, however, granted Defendant's Motion in that Dr. Frederick Oehme cannot testify regarding the use of the back calculation formula and any opinions regarding the precise amount of thallium in Plaintiff's urine in November 1999. Judge Battaglia also granted defendant's motion to exclude Dr. Yarbrough's opinion. Defendant objects to Judge Battaglia's Report concerning Sandra Brown, Ph.D, Dr. Frederick Oehme, Dr. Ron Briggs and Roman Worobel. The Court has reviewed the Report and Defendant's objections. The Court ADOPTS the Report in full. However, the Court makes no determination as to the validity of the opinions offered by the experts. Nor does the Court make any ruling as to the admissibility of particular opinions if offered at trial.

  IT IS SO ORDERED.

20050916

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