McAleenan

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 AL OTRO LADO, et al., Case No. 17-cv-02366-BAS-KSC 11 Plaintiffs, ORDER DENYING PLAINTIFFS’ MOTION TO EXCLUDE v. DEFENDANTS’ PURPORTED EXPERT TESTIMONY ALEJANDRO MAYORKAS, Secretary of Homeland Security, et al., (ECF No. 536)

Defendants. 16 Plaintiffs file a Motion to Exclude Defendants’ Purported Expert Testimony (“Motion”) arguing that Defendants should not be allowed to admit the testimony of Mariza Marin, Rodney Harris, or Samuel Cleaves as to operational capacity at the ports of entry (“POEs”). (ECF No. 536.) Specifically, Plaintiffs argue that: (1) the witnesses were not disclosed as expert witnesses and should not be admitted as non-retained experts under Rule 26(a)(2)(C); (2) the witnesses have no methodology for calculating “operational capacity” and thus should be excluded under Daubert; (3) Defendants fail to link any such 24 …