302 memoinsupportresponsetomotiontoexcludetestimonyjamesmonohan kroger e&a fulton

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Case: 1:11-cv-00103-GHD-DAS Doc #: 302 Filed: 11/01/13 1 of 37 PageID #: 5424

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI KMART CORPORATION VS.

PLAINTIFF CIVIL ACTION NO. 1:11-CV-103-GHD-DAS

THE KROGER CO., E&A SOUTHEAST LIMITED PARTNERSHIP, FULTON IMPROVEMENTS, LLC, KANSAS CITY SOUTHERN RAILWAY COMPANY, CITY OF CORINTH, THE UNITED STATES OF AMERICA, JOHN DOE, and ABC CORPORATION

DEFENDANTS

JOINT MEMORANDUM OF AUTHORITIES IN SUPPORT OF RESPONSE TO MOTION IN LIMINE TO EXCLUDE TESTIMONY OF JAMES MONOHAN COME NOW, The Kroger Co. (“Kroger”), E&A Southeast Limited Partnership (“E&A”), and Fulton Improvements, LLC (“Fulton”)(collectively, the “Defendants”), by and through their respective counsel of record, and file this their Joint Memorandum of Authorities in Support of Response to Motion in Limine to Exclude Testimony of James Monohan, and in support thereof would state unto the Court the following, to-wit: I.

INTRODUCTION. Kmart Corporation (“Kmart”) argues in its Motion in Limine to Exclude Testimony of

James Monohan (“Kmart’s Motion”) that Monohan’s opinions regarding “flow rates” should be excluded under FED.R.EVID. 702. Kmart asserts that Monohan’s analysis is unreliable because it is devoid of factual support. However, as demonstrated herein, Monohan’s opinions regarding flow rates are amply supported by the facts before the Court and his training, education, and experience.


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