Summary
In Ramirez, the court considered whether certain non-diverse defendants were improperly joined, citing the rule that improper joinder can lie when "a [p]laintiff, at whatever time and for whatever reason, indicates a desire to completely abandon the claims" as to those defendants.
Summary of this case from Clyce v. ButlerOpinion
CIVIL ACTION NO. C-07-228.
November 5, 2007
ORDER
On November 1, 2007, the Court held a teleconference in the above-styled action and ordered as follows:
Plaintiffs shall be permitted to conduct tests on the tire involved in the accident giving rise to this litigation under the following conditions:
(1) Before the commencement of testing, Plaintiffs and Defendants shall work together to create a detailed testing protocol that is mutually acceptable to all parties;
(2) Before the commencement of testing, Defendant shall have the opportunity to (a) review the credentials of the expert selected by Plaintiffs to conduct the testing, and (b) bring a Daubert challenge against such expert if Defendants feel such challenge is necessary;
(3) Defendant is entitled to have representatives present during the testing;
(4) Similarly, Plaintiffs are entitled to have representatives present during any testing conducted by Defendant; and
(5) the testing shall be videotaped.
SIGNED and ORDERED.