Koger
Koger v. Costco Wholesale Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VALERIE KOGER, et al., Case No. 3:20-cv-08759-JD
Plaintiffs,
ORDER RE RULE 702 MOTIONS
v.
COSTCO WHOLESALE CORPORATION, et al., 11 Defendants.
12 This order resolves the parties’ motions to exclude expert testimony, Dkt. Nos. 36, 37, 39, 13 40, 41, 43. The Court will address parties’ motions in limine, including Dkt. Nos. 42 and 44, at 14 the pre-trial conference set for January 18, 2024. Dkt. No. 31. The parties’ familiarity with the 15 record is assumed.
I. LEGAL STANDARDS
17 Federal Rule of Evidence 702 governs the admissibility of expert witnesses. The 18 touchstones for admissibility under Rule 702 are the relevance and reliability of the expert 19 witness’s opinions. The Court performs a “gatekeeping role” to ensure that expert witness 20 opinions are valid and reliable, and will “assist the trier of fact to understand the evidence or to 21 determine a fact in issue.” Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 590-91, 597 22 (1993) (quoting Rule 702). 23 The reliability factor looks at “whether the…