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United States v. City of New York

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF, AND THE VULCAN SOCIETY, INC., FOR ITSELF AND ON BEHALF OF ITS MEMBERS; MARCUS HAYWOOD, CANDIDO NUÑEZ, ROGER GREGG, INDIVIDUALLY AND ON BEHALF OF A CLASS OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-INTERVENORS,
v.
THE CITY OF NEW YORK, DEFENDANT.

The opinion of the court was delivered by: Nicholas G. Garaufis, United States District Judge.

ORDER

Defendant City of New York moves to strike the testimony of Dr. Joel P. Weisen, an expert consultant retained by Plaintiffs-Intervenors, from being considered at the hearing concerning the validity of Exam 6019. (See Docket Entry ## 462-63, 466.) Having reviewed the parties' submissions, Dr. Weisen's Declaration (Docket Entry # 460, Att. 1), and the Special Master's Report on Discovery Issues Underlying Defendant's Motion to Exclude Expert Testimony (Docket Entry # 470), the court GRANTS the City's letter-motion. Dr. Weisen will not testify at the Exam 6019 hearing, and the court will not consider his Declaration when determining the validity of Exam 6019. The court takes no position on whether Dr. Weisen's testimony is relevant to the construction of a new selection procedure.

The parties have filed a joint letter informing the court of various agreements they have reached concerning the scheduling and format of the Exam 6019 hearing. (Docket Entry # 464.)

The court approves each of these agreements. The hearing will take place on July 20, 2010 at 10:00 a.m. in courtroom 4D. If necessary, the hearing will continue on July 21, 2010 at 2:00 p.m. in courtroom 4D. Because the court excludes Dr. Weisen's testimony, there is no need to reconvene the hearing on July 23, 2010. The experts' reports shall serve as the experts' direct testimony, but the parties may present a short live direct examination of their experts prior to cross-examination. The schedule of witnesses listed on page two of the joint letter is acceptable. SO ORDERED.

NICHOLAS G. GARAUFIS United States District Judge

20100712

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