Case: 1:11-cv-00103-GHD-DAS Doc #: 301 Filed: 11/01/13 1 of 22 PageID #: 5143
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI KMART CORPORATION VS.
PLAINTIFF CIVIL ACTION NO. 1:11-CV-103-GHD-DAS
THE KROGER CO., E&A SOUTHEAST LIMITED PARTNERSHIP, FULTON IMPROVEMENTS, LLC, KANSAS CITY SOUTHERN RAILWAY COMPANY, CITY OF CORINTH, THE UNITED STATES OF AMERICA, JOHN DOE, and ABC CORPORATION
DEFENDANTS
JOINT RESPONSE TO MOTION IN LIMINE TO EXCLUDE TESTIMONY OF JAMES MONOHAN COME NOW, The Kroger Co. (“Kroger”), E&A Southeast Limited Partnership (“E&A”), and Fulton Improvements, LLC (“Fulton”)(collectively, the “Defendants”), by and through their respective counsel of record, and file this their Joint Response to Motion in Limine to Exclude Testimony of James Monohan, and in support thereof would state unto the Court the following, to-wit: 1.
On October 8, 2013, Kmart filed its Motion in Limine to Exclude Testimony of
James Monohan (“Kmart’s Motion”) and a supporting memorandum.1 [Doc. Nos. 263 and 264] Kmart’s Motion seeks to exclude the testimony “of Mr. Monohan regarding flow rates.”2 [Doc. No. 263 at 1] 2.
Kmart argues that Monohan’s opinions regarding “flow rates” should be excluded
under FED.R.EVID. 702. Kmart asserts that Monohan’s analysis is unreliable because it is devoid of factual support. Kmart’s primary position is as follows: 1
On October 24, 2013, the Court entered an order granting the motion filed by Kroger, E&A, and Fulton for an extension of time to respond to Kmart’s Motion, see Doc. No. 281; pursuant to that Order, Kroger, E&A, and Fulton have until November 1, 2013 to file their response. [Doc. No. 282] 2 Kmart’s Motion is apparently directed at only a portion of Mr. Monohan’s anticipated testimony.