Much of the disputed testimony appears directed toward issues that have already been decided, i.e., whether the Excel and Monfort cargo was rejected. As such, the testimony is irrelevant and may be precluded. While Elbendary's testimony on the custom and practices in Egypt upon importing frozen beef livers may be relevant, it is cumulative of the expected testimony of Mohammed and therefore superfluous. Moreover, Mohammed has greater experience with the particularities of the import of frozen beef livers and therefore is more qualified to speak to those customs and practices. Elbendary may, however, testify as a fact witness about events as to which he has personal knowledge.
Mohammed, a merchant in frozen beef livers, is expected to testify about the market conditions in Egypt during the relevant period and Egyptian import requirements and practices. Apparently, his testimony is intended to support the Insurers' argument that a rejection did not take place and that Mirasco did not comply with the sue and labor clause. Both arguments have been rejected. As with Mintert's testimony, the price of beef livers in Egypt is totally irrelevant to the remaining issues in the case. To the extent that Mohammed's testimony on the custom and practices of importing frozen beef livers is relevant to the issue of what percentage of the Excel and Monfort cargo was rejected for covered reasons, however, it will be admitted.
Horan, a forensic document examiner, will testify regarding the purported alterations, additions and changes to the purported Rejection Certificates. Mirasco challenges Horan's qualifications inasmuch as he has not demonstrated a working knowledge of Arabic and also challenges his expected testimony as irrelevant or cumulative of testimony presented by other experts. To the extent that Horan's testimony attempts to translate the marks that he claims were added to the Certificates, such testimony will be precluded. However, he is qualified to testify as to the addition of marks to a document, and such testimony is relevant to support the later anticipated testimony of the Insurers' other witnesses who will testify as to what they believe are changes and alterations to the documents. Therefore, Horan may testify to the limited issue of what marks he believes were added, but not to the issue of what those marks mean.
For the foregoing reasons, both motions for reconsideration and certification are denied, and the motions in limine are granted in part and denied in part. The case is now ripe for trial, and the parties are ordered to attend a pretrial conference on June 4, 2003 for the purposes of setting a trial date.
It is so ordered.