Shannon v. Koehler - Northern District of Iowa
Shannon v. Koehler - Northern District of Iowa
Shannon v. Koehler - Northern District of Iowa
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may come in to impeach her. See FED. R. EVID. 613. At this time, though, this portion<br />
<strong>of</strong> <strong>Shannon</strong>’s second motion in limine is granted.<br />
C. Defendants’ Motion To Exclude Plaintiff’s Experts<br />
1. Arguments <strong>of</strong> the Parties<br />
The defendants ask that I exclude <strong>Shannon</strong>’s experts Joseph Stine and Zhongming<br />
Huang. As a preliminary matter, I note that several <strong>of</strong> the issues raised in this motion<br />
relate solely to the Monell claim, which is not at issue in this trial. Zhongming Huang’s<br />
testimony relates solely to the Monell claim. Thus, I will deny the defendants’ motion as<br />
to Huang as premature, but they may raise issues as to Huang’s testimony before the<br />
second part <strong>of</strong> this bifurcated trial if necessary. The defendants also question Stine’s<br />
ability to <strong>of</strong>fer expert testimony on Monell liability. Likewise, I will not address that<br />
portion <strong>of</strong> Stine’s expert testimony and will deny the defendants’ motion as to Stine’s<br />
opinions on Monell liability as premature. Again, the defendants may raise that issue<br />
before the second part <strong>of</strong> the trial if necessary. Regarding the late timing <strong>of</strong> the<br />
defendants’ Motion To Exclude Plaintiff’s Experts, I agree with <strong>Shannon</strong> that the<br />
defendants should have requested a Daubert hearing earlier. Nevertheless, I will still<br />
address the merits <strong>of</strong> the defendants’ arguments in this Order without a Daubert hearing.<br />
The defendants ask that I exclude Joseph Stine’s expert testimony as unreliable and<br />
wholly unhelpful to the jury or, in the alternative, that I exclude the parts <strong>of</strong> his opinion<br />
that are unhelpful to the jury. 21 The defendants assert that Stine’s opinion is unreliable<br />
20 (...continued)<br />
exhibits. FED. R. EVID. 803(5); see also Newton, 206 F.3d at 774.<br />
21 For the purposes <strong>of</strong> their memorandum, the defendants “assum[e] arguendo” that<br />
(continued...)<br />
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