Robert E. Renzel Trust et al v. Ventura et al

Northern District of California, cand-4:2015-cv-01648

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{235}} Stipulated Request for Leave to File Motions in Limine Based Upon Daubert Principles.

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1 Jeffery L. Caufield (SBN 166524) 2 Santino M. Tropea (SBN 249215) 3 CAUFIELD & JAMES, LLP 2851 Camino Del Rio South, Suite 410 4 San Diego, California 92108 Telephone: 619-325-0441 5 Facsimile: 619-325-0231 6 Attorneys for Defendants, Counter- Claimants, and Cross-Claimants, 7 Alfredo Torres and Carmen Torres 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 ESTATE OF ROBERT RENZEL, Case No.: 4:15-cv-01648-HSG 12 DECEASED, by and through his STIPULATED REQUEST FOR LEAVE successors in interest, Susan Carter TO FILE MOTIONS IN LIMINE BASED 13 and Ann Renzel Sebastian, et al. UPON DAUBERT PRINCIPLES; ORDER 14 Courtroom: 2, 4th Floor Plaintiffs, Judge: Hon. Haywood S. Gilliam, Jr. 15 Pretrial Conference: November 13, 2018 v. Trial Date: December 3, 2018 16 17 ESTATE OF LUPE VENTURA, 18 DECEASED, an individual and dba Ritz Cleaners, et al. 19 Defendants. 20 21 AND RELATED COUNTERCLAIMS AND CROSS- 22 CLAIMS. 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING MOTIONS IN LIMINE 1 Plaintiffs and counter-defendants Estate of Robert Renzel, Deceased; Robert 2 E. Renzel Trust, by and through its trustees, Susan Carter and Ann Renzel 3 Sebastian; Susan Carter; and Ann Renzel Sebastian (collectively, "Renzel") on the 4 one hand, and Carmen and Alfredo Torres ("Torres") on the other (collectively 5 "Parties"), submit this Stipulated Request for Leave and Proposed Order regarding 6 the filing of Motions in Limine. 7 WHEREAS, pursuant to the Court's Civil Pretrial and Trial Standing Order, 8 "Motions in limine cannot be used to request summary judgment or raise Daubert 9 challenges unless the Court has specifically granted prior approval. Each motion 10 shall be no longer than five pages. . . ." 11 WHEREAS, Renzel believes it has a legal basis to file a motion in limine to 12 exclude Torres' expert Wade Allmon and one, related opinion of Torres' expert Dr. 13 James Wells based upon principles set forth in Daubert v. Merrell Dow 14 Pharmaceuticals, Inc., 509 U.S. 579 (1993), while Torres believes it similarly has a 15 legal basis to file a motion in limine to exclude Renzel's expert Steven Sadler based 16 upon Daubert principles. Without conceding to the merit of each other's proposed 17 motion in limine, the Parties believe good cause exists to permit each Party to file 18 one Daubert motion. 19 WHEREAS, due to the somewhat complicated nature of the arguments and 20 law, as well as the length of the experts' opinions the Parties believe good cause 21 exists to extend the page limitation from five (5) pages to fifteen (15) pages for 22 these motions. 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 STIPULATION AND ORDER REGARDING MOTIONS IN LIMINE Case No. 4:15-cv-1648-HSG 1 This Stipulation is without prejudice to either Party to seek further 2 permission should any additional Daubert issues arise. 3 4 So Stipulated: 5 6 DATED: October 16, 2018 CAUFIELD & JAMES, LLP 7 s/ Santino Tropea Jeffery Caufield, Esq. 8 Santino Tropea, Esq. Attorneys for Defendants, Counter- 9 Claimants, and Cross-Claimants, Alfredo Torres and Carmen Torres 10 11 12 DATED: October 16, 2018 PALADIN LAW GROUP LLP 13 s/ Jon G. Lycett 14 Jon G. Lycett, Esq. 15 Attorneys for Renzel 16 17 Good cause appearing, IT IS SO ORDERED except the page limitation will 18 be ten (10). 19 20 DATED: October 17, 2018 United States District Judge 21 22 23 24 25 26 27 28 2 STIPULATION AND ORDER REGARDING MOTIONS IN LIMINE Case No. 4:15-cv-1648-HSG