Opinion
CIVIL ACTION NO. 5:06cv162-DCB-JMR.
March 6, 2008
ORDER
This cause comes before the Court on the defendants' Motion to Exclude Testimony and Opinions of David W. Seignious, M.D. [docket entry no. 41] and Motion for Summary Judgment [docket entry no. 43].
In their Motion to Exclude Testimony and Opinions of David W. Seignious, M.D., the defendants urge that the testimony of the plaintiff's expert does not meet the reliability requirements of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993), and its progeny.
While Daubert hearings are not required as a matter of course, in this case the Court deems one necessary in order to properly evaluate and rule upon the defendants' Motion to Exclude Testimony and Opinions of David W. Seignious, M.D. The Court is unable to address the merits of the defendants' Motion for Summary Judgment at this time because it is in large part contingent upon the Court's decision on the defendants' Motion to Exclude. Accordingly,
IT IS HEREBY ORDERED that the defendants' Motion for Summary Judgment [docket entry no. 43] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the parties shall schedule a Daubert hearing at the pretrial conference scheduled in this matter for March 13, 2008, so that the Court can render a decision upon the defendants' Motion to Exclude Testimony and Opinions of David W. Seignious, M.D. [docket entry no. 41].