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U.S. v. DUPREE, 15-cv-20457. (2016)

Court: District Court, E.D. Michigan Number: infdco20160909g76 Visitors: 18
Filed: Sep. 07, 2016
Latest Update: Sep. 07, 2016
Summary: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SHAWN PEARSON'S MOTION TO STRIKE PROPOSED EXPERT TESTIMONY (ECF #93) MATTHEW F. LEITMAN , District Judge . On August 27, 2016, Defendant Shawn Pearson ("Pearson") filed a motion to strike the proposed expert testimony of Government witness Joseph Jensen ("Jensen") (the "Motion"). ( See ECF #93.) In the alternative, Pearson asked the Court to adjourn the scheduled September 7, 2016, trial date to allow him to retain his own rebuttal expe
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SHAWN PEARSON'S MOTION TO STRIKE PROPOSED EXPERT TESTIMONY (ECF #93)

On August 27, 2016, Defendant Shawn Pearson ("Pearson") filed a motion to strike the proposed expert testimony of Government witness Joseph Jensen ("Jensen") (the "Motion"). (See ECF #93.) In the alternative, Pearson asked the Court to adjourn the scheduled September 7, 2016, trial date to allow him to retain his own rebuttal expert. (See id.) The Court held a hearing on the Motion on September 6, 2016.

For the reasons stated on the record at the September 6, 2016, hearing, IT IS HEREBY ORDERED that the Motion (ECF #93) is GRANTED IN PART AND DENIED IN PART as follows. The Motion is DENIED to the extent that it seeks to exclude Jensen's testimony on the grounds that the Government failed to provide timely disclosure of Jensen's anticipated testimony. The Motion is GRANTED to the extent it seeks an adjournment of the scheduled trial date to allow Pearson to retain his own rebuttal expert and to file a Daubert motion challenging Jensen's proposed testimony.

Counsel shall work together with the Court's Case Manager to determine a date and time for a Daubert hearing with respect to Jensen's testimony. Once a date and time for that hearing is determined, counsel shall file a stipulated order with the Court setting forth the briefing and hearing schedule for the Daubert motion. The stipulated order shall also memorialize the Speedy Trial Act waivers that were placed on the record on September 6, 2016.

IT IS SO ORDERED.

Source:  Leagle

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