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Yu-Santos v. TRW Vehicle Safety Systems Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 2, 2010

TRACY YU-SANTOS PLAINTIFF,
v.
TRW VEHICLE SAFETY SYSTEMS INC., ROBERT SANTOS, AND DOES 1 THROUGH 10. DEFENDANTS.

The opinion of the court was delivered by: Judge Assigned: Hon. Oliver W. Wanger

ORDER GRANTING IN PART PLAINTIFF'S MOTION IN LIMINE NO. 4 TO EXCLUDE ANY AND ALL EVIDENCE OR REFERENCES TO THE MATERIALS INCLUDED IN DEFENDANT'S SUPPLEMENTAL TO ITS DISCLOSURE OF EXPERT TESTIMONY SERVED ON FEBRUARY 10, 2010 Hearing Date: May 18, 2010 Time: 9:00 a.m. Dep't: 3 Trial

IT IS HEREBY ORDERED THAT:

Plaintiff's Motion in Limine No. 4 to Exclude Any and All Evidence or Reference to the materials included in Defendant's Supplement to Its Disclosure of Expert Testimony served on February 10, 2010 is GRANTED IN PART.

Defendant and its accident reconstruction expert, Peter Luepke, are precluded from referencing or testifying about any supplementally disclosed materials that were created or in existence prior to Mr. Luepke's deposition on October 3, 2008.

IT IS FURTHER ORDERED THAT:

Prior to the start of trial, Plaintiff may retake the deposition of Mr. Luepke concerning the supplementally disclosed materials that were created or in existence after October 3, 2008, at Plaintiff's expense.

This order is further subject to the discussion and order for supplemental expert work and analysis by Defendant's experts on the left rear seat belt and seating position.

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20100602

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