Fenters

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS YOSEMITE CHEVRON, ABBCO INVESTMENTS, LLC, AND ROBERT AB-BATE’S MOTION FOR SUMMARY JUDGMENT (Doc. 137)

Before the Court is the motion for summary judgment filed by Defendants Yosemite Chevron, Abbco Investments, LLC, and Robert Abbate (hereafter the “Abbate Defendants”).

A. ABBATE DEFENDANTS’ OBJECTIONS TO BETTANCOURT EXPERT REPORT.

Submitted in opposition to the Ab-bate Defendants’ motion for summary judgment is what is characterized by Mr. Little as “the declaration report” of John Bettancourt. Mr. Bettancourt avers:

The Abbate Defendants object to Mr. Bettancourt’s declaration on several grounds.

Defendants object to consideration of Mr. Bettancourt’s declaration because it fails to set forth Mr. Bettancourt’s qualifications.

Rule 702, Federal Rules of Evidence, provides:

“Whether a witness is qualified as an expert can only be determined by comparing the area in which the witness has superior knowledge, skill, experience, or education with the subject matter of the witness’s testimony.” Carroll v. Otis Elevator Co., 896 F.2d 210, 212 (7th Cir.1990).

Defendants complain that Mr. Bettancourt’s declaration…