Kelly Services, Inc.

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United States District Court, E.D. CaliforniaMar 4, 2008
2:02-cv-2685-GEB-CMK. (E.D. Cal. Mar. 4, 2008)


March 4, 2008


On February 4, 2008, Defendant moved to exclude the testimony of Plaintiff's expert Rick Ross. (Mot., Docket #95.) Plaintiff opposes the motion. (Opp'n, Docket #114.) A review of the briefing papers and the Expert Witness Report (Decl. of Robert Burch in Opp'n to Def.'s In Limine Mot. NO. 1, Ex. 1.) indicates that a Daubert hearing should be held. See Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (holding Daubert reliability determination applies to all expert testimony). On March 17, 2008 at 10:00 a.m., a Daubert hearing on the motion will be held, at which Plaintiff's expert, Rick Ross, shall be present, to address the following issues:

See Fed.R. of Evid. 702 advisory committee's note.

1. Is Mr. Ross qualified to testify as an expert in the field of destructive cults in general and of "the nature, relationships and group dynamics of the Fellowship [of Friends]" in particular? (Opp'n at 5-7.)

2. Are Mr. Ross's opinions based on a sufficient, reliable foundation — sufficient facts, data or experience? Does he rely on materials of a type reasonably relied on by other experts in the field?

3. Is there a reasonable link between the information, procedures and experience Mr. Ross uses and his conclusions? The parties should be prepared to address specific conclusions contained in the Expert Report.

Plaintiff has indicated that she will not elicit opinions from Mr. Ross regarding "whether William Heinz intentionally discriminated against Plaintiff in the promotion decision [and] whether the Fellowship uses brainwashing." (Opp'n at 10:19-26.)


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