Lewis-Williams

Lewis-Williams v. San Francisco Bay Area Rapid Transit District

Good Law
United States District Court, Northern District of CaliforniaJune 21, 20243:22-cv-06119California1,695 words

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…

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