Northwest Savings Bank and Financial Services v. NS First Street, LLC, No. 09-cv-1416 (M.D. Pa. Dec. 13, 2011)

Nine days before trial was set to begin, Defendants NS First Street LLC and 2200 South Atherton Street LLC submitted a “trial memorandum” arguing that the testimony of Plaintiff’s proposed expert, Kelly Besaw, was inadmissible under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The memorandum was devoted exclusively to a challenge to the testimony of Plaintiff’s expert. Thus, the Court construed the trial memorandum as a motion in limine. Because Plaintiff had provided Defendants with Mr. Besaw’s expert report more than a year earlier, and because Defendants did not file a motion in limine within the deadline for filing such motions, the Court struck the memorandum as an untimely motion in limine.

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