Briana Leakas v. Monterey Bay Military Housing, LLC

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 BRIANA LEAKAS, et al., Case No. 22-cv-01422-VKD

9 Plaintiffs, ORDER GRANTING DEFENDANTS' 10 v. MOTION TO EXCLUDE TESTIMONY

OF ANDREW HEYMAN, M.D.

11 MONTEREY BAY MILITARY HOUSING, LLC, et al., Re: Dkt. No. 54 12 Defendants.

13 14 I. BACKGROUND 15 Plaintiffs Briana Leakas and her minor son, D.L. (along with Theodore Leakas, Ms. 16 Leakas’s spouse and D.L.’s guardian ad litem), filed this action in the Monterey County Superior 17 Court for personal injuries they claim they sustained as a result of toxic mold contamination in the 18 home they leased from defendants1 while living on the U.S. Army Garrison Presidio of Monterey 19 from about June 2019 through May 2020. Defendants removed the matter to this Court on the 20 ground that the underlying events occurred on a federal enclave. See Dkt. No. 4; see also Cnty. of 21 San Mateo v. Chevron Corp., 32 F.4th 733, 749 (9th Cir. 2022) (“[B]ecause conduct on a federal 22 …