Free Proposed Order - District Court of California - California


File Size: 14.8 kB
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Date: February 25, 2008
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State: California
Category: District Court of California
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Case 3:07-cv-02748-MHP

Document 118

Filed 02/25/2008

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HARVEY SISKIND LLP IAN K. BOYD (State Bar No. 191434) [email protected] SETH I. APPEL (State Bar No. 233421) [email protected] RAFFI V. ZEROUNIAN (State Bar No. 236388) [email protected] Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: 415.354.0100 Facsimile: 415.391.7124 Attorneys for Plaintiff and Counterdefendant Mark Lillge d/b/a Creative Marketing Concepts

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. C 07-02748 MHP MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS Plaintiff, v. ANDREW VERITY and CHRISTINA CHANG Defendants. ANDREW VERITY and CHRISTINA CHANG, Counterclaimants, v. MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS, and DOES 110, Counterdefendants. [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE EXPERT REPORT OF MILES LOCKER Date: March 31, 2008 Time: 2:00 p.m. Court: Hon. Marilyn Hall Patel

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE EXPERT REPORT OF MILES LOCKER

CASE NO. C 07-02748 MHP

Case 3:07-cv-02748-MHP

Document 118

Filed 02/25/2008

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This matter came on for determination before the Honorable Marilyn Hall Patel, on March 31, 2008, upon the motion of plaintiff Mark Lillge d/b/a Creative Marketing Concepts ("CMC") to strike the portion of the expert report of Miles Locker. After hearing the evidence and argument of counsel, and reviewing the papers, the Court finds that Mr. Locker's report is merely legal opinion and analysis, which is inadmissible expert testimony. There is nothing within Mr. Locker's report which should not be within the purview of Defendants' own counsel, and the latter is free to make such arguments at trial. Accordingly, for good cause therefor appearing, it is ORDERED that the expert report of Miles Locker shall be stricken pursuant to F.R.E. 402 and F.R.E. 703.

________________________________ The Honorable Marilyn Hall Patel United States District Court

­1­ [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE EXPERT REPORT OF MILES LOCKER

CASE NO. C 07-02748 MHP