The United States of America, for the use and benefit of Bergelectric Corp. v. Sauer, Inc.

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9

THE UNITED STATES OF AMERICA

10 FOR THE USE AND BENEFIT OF Case No. 5:18-cv-00612-EJD BERGELECTRIC CORP., et al., 11 ORDER DENYING MOTION TO Plaintiffs, EXCLUDE EXPERT TESTIMONY OF 12 MARK ZOLLMAN v. 13 Re: Dkt. No. 111 SAUER, INC., et al., 14 Defendants. 15 16 Pursuant to Federal Rule of Evidence 702, Sauer moves to exclude the testimony of Mike 17 Zollman (“Zollman”) related to (1) calculation of lost productivity damages for rough-in work 18 based on a measured mile analysis; (2) calculation of lost productivity for finish work based on a 19 “loss percentage” derived from the rough-in analysis; and (3) calculation of a daily rate for jobsite 20 overhead costs related to alleged delay. Dkt. No. 111. Sauer also contends that Zollman’s 21 causation opinions related to interpretation of meeting minutes and letters should be excluded 22 because they usurp the role of the…