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United States District Court for the District of North Dakota
October 14, 2020, Decided; October 14, 2020, Filed
Case No. 3:18-cv-00256
ORDER DENYING MOTIONS IN LIMINE
Before the Court are the Motions in Limine of the parties seeking to exclude portions of expert testimony. Defendant DuraTech Industries International, Inc. ("DuraTech") filed a Motion in Limine on June 19, 2020, seeking an order to exclude any undisclosed and new expert opinions from Plaintiff's expert. Doc. No. 49. Plaintiff NuTech Orchard Removal, LLC ("NuTech") filed a response in opposition to DuraTech's motion on August 21, 2020. Doc. No. 68. DuraTech filed its reply brief on August 28, 2020. Doc. No. 69. NuTech filed a Motion in Limine on June 19, 2020, seeking to exclude certain testimony of the expert retained by DuraTech. Doc. No. 53. On August 21, 2020, DuraTech filed its response opposing NuTech's motion. Doc. No. 67. NuTech filed a reply on August [*2] 28, 2020. Doc. No. 70. For the reasons set forth below, the Court denies both Motions in Limine.
This matter was previously before the Court on DuraTech's motion for partial summary judgment, which was denied on June 5, 2020. Doc. No. 46. The Court is familiar with the background of the parties' dispute over the 5064T Horizontal Grinder ("5064T Grinder") that NuTech purchased from DuraTech for use in grinding almond trees. The background is not repeated herein except as necessary to understand the objections to expert testimony as raised by the parties.
II. DURATECH'S MOTION
DuraTech's motion in limine requests the Court to exclude any undisclosed and new expert opinions from NuTech's expert. Doc. No. 49. Specifically, DuraTech seeks to preclude NuTech's expert from responding to the opinion of DuraTech's expert on the basis of untimeliness.
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2020 U.S. Dist. LEXIS 224098 *
NuTech Orchard Removal, LLC, Plaintiff, vs. DuraTech Industries International, Inc., Defendant.
Prior History: Nutech Orchard Removal v. Duratech Indus. Int'l, 2020 U.S. Dist. LEXIS 146234 (D.N.D., June 5, 2020)
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