Koken v. Auburn Manufacturing

2004 | Cited 0 times | D. Maine | October 15, 2004

ORDER ON APPELLATE REVIEW OF THE MAGISTRATE JUDGE'SORDER (DOCKET ITEM NO. 282) ON AUBURN'S MOTION TO EXCLUDE THE TESTIMONY OF ROBERT WAITE,RONALD DOWNING, AND DR. THOMAS EAGER (DOCKET ITEM NO. 180)

Before the Court for review pursuant to 28 U.S.C. § 636(b)(1)(A) is the Magistrate Judge's action on Defendant Auburn Manufacturing, Inc.'s Motion to Exclude "Warnings" Experts (Docket Item No. 180).

The Magistrate Judge granted the Motion "to exclude Mr. Waite's testimony that Auburn's blanket was rendered unreasonably dangerous because it lacked a warning that it was not adequate for torch cutting operations." Memorandum of Decision (Docket Item No. 282) at 16. She denied the Motion as to exclusion of the testimony of Ronald Downing. Id. She granted the Motion to exclude the challenged testimony of Dr. Eager, pursuant to Fed. R. Evid. 702, "not because Dr. Eager is unqualified to offer it or because his opinion is not supported by reason and analysis, but because the materials speak for themselves, can be adequately introduced to fact witnesses and the relative clarity or ambiguity of the materials can be determined by the jury without the aid of expert testimony," id. at 17, and because the testimony is immaterial.

These actions of the Magistrate Judge have been "objected to" (not appealed, as required by 28 U.S.C. § 636(b)(1)(A), See Jacobsen v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 594 F. Supp. 583, 585 (D Me. 1984)) by Plaintiff (Docket Item No. 287) and by Defendant Black & Veatch (Docket Item No. 289).

The Court has carefully reviewed the record made before the Magistrate Judge on the Motions and has fully reviewed the written Objections of the Defendants and of the Plaintiff in the context of appellate review pursuant to 28 U.S.C. § 636(b)(1)(A) and FINDS that Defendants have failed to demonstrate that the actions of the Magistrate Judge in the particulars set out above are clearly erroneous. 28 U.S.C. § 636(b)(1)(A); Jacobsen, 594 F. Supp. at 586.

The Appeal is DENIED and the action of the Magistrate Judge is hereby AFFIRMED.

SO ORDERED.

GENE CARTER Senior District Court Judge

Dated at Portland, Maine this 15th day of October, 2004.

Back to top