United States District Court, S.D. California
September 16, 2005.
CHRISTINE MYERS, Acting as guardian ad litem for Lacie Myers, a minor, Plaintiff,
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.
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.
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