In Re Pacific Fertility Center Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 IN RE PACIFIC FERTILITY CENTER Case No. 18-cv-01586-JSC
LITIGATION
ORDER RE: PLAINTIFFS’ MOTION
TO EXCLUDE EXPERT OPINION
TESTIMONY
13 Dkt. No. 632
16 Plaintiffs bring product liability and failure to recall claims against Chart Industries 17 following a March 2018 incident involving a Chart-manufactured cryopreservation tank which 18 was storing Plaintiffs’ eggs and embryos. In connection with summary judgment and in 19 preparation for trial, the parties each filed motions to exclude the other’s expert testimony in 20 whole or in part under the Federal Rules of Evidence and Daubert v. Merrell Dow Pharm., Inc., 21 509 U.S. 579 (1993). (Dkt. Nos. 629, 631, 632. 2) This Order addresses Plaintiffs’ motion to 22 exclude portions of the testimony of five of Chart’s experts. (Dkt. No. 632.) Having considered 23 the parties’ briefing regarding these motions and having had the benefit of oral argument on 24 March 4, 2021, Plaintiffs’ motion is GRANTED IN PART and DENIED IN PART as set forth 25 26 1…