Lewis-Williams
Lewis-Williams v. San Francisco Bay Area Rapid Transit District
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GABRIEL CHAVEZ, et al., Plaintiffs, No. C 22-06119 WHA
v.
SAN FRANCISCO BAY AREA RAPID ORDER RE DEFENDANT’S
TRANSIT DISTRICT, MOTION IN LIMINE NO.
14 Defendant.
16 BART seeks to exclude all evidence and argument concerning work undertaken by plaintiffs’ opposition expert, Dr. Harvey Risch, after the preparation of his Rule 26 report (Dkt. No. 81). This is not the first controversy involving Expert Risch. Earlier, BART moved to strike Expert Risch’s opposition report and exclude his testimony in its entirety (Dkt. No. 58). The grounds for that motion were as follows. On November 17, 2023, BART timely disclosed its list of issues on which it intended to offer expert testimony (Dkt. No. 58-1 at 6-8). On January 16, BART again timely disclosed the opening reports of two experts: Dr. Joseph Lewnard, an epidemiologist, and Nancy McClellan, an industrial hygienist (id. at 10-16). Plaintiffs’ opposition reports were due on…