Lotersztain

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2:19-cv-0406 TLN KJN P Plaintiff, v. ORDER MARIANA LOTERSZTAIN, M.D., et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. Two motions filed by plaintiff are pending: a motion to exclude opinion testimony of expert Dr. Burgar under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) (“Daubert I”); and a motion for discovery. Defendant Lin opposes both motions. As set forth below, plaintiff’s motions are denied, and plaintiff is directed to file his oppositions to defendants’ pending motions for summary judgment. I. Motion to Exclude A. The Parties’ Arguments Plaintiff’s Motion Plaintiff seeks to exclude the opinion testimony of defendant Lin’s expert witness, Alexandra Burgar, “on the basis that the opinion testimony is not based on sufficient facts or data, is not grounded in medical science, is unexplained and unhelpful,…