which remains pending.
The Counts presently before this Court pertaining to bothAubuchon and Thomas are Counts 2 and 5 (malicious prosecution for Stapley I and Stapley II criminal charges, insofar as they pertain to investigations); Count 7(Intentional Infliction of Emotional Distress);
Count 8 (wrongful arrest and illegalsearch to the extent the allegations do not relate to the criminal charges or the RICOappeal), Count 10, (Section 1983 wrongful search), and Count 4 (wrongful arrest)against Aubuchon.
Daubert v. Merrell Dow Pharmaceuticals, Inc
., 509 U.S. 579 (1993) articulated two tests for admissibility of expert witness testimony; the testimony must be relevantand it must be “reliable.” “Rule 702 further requires that the evidence or testimonyassist the trier of fact to understand the evidence or to determine a fact in issue. Thiscondition goes primarily to relevance. Presumably, this relaxation of the usualrequirement of first-hand knowledge--a rule which represents a most pervasivemanifestation of the common law insistence upon the most reliable sources of information, (citation omitted) -- is premised on an assumption that the expert's opinionwill have a reliable basis in the knowledge and experience of his discipline.”
. at 592.
GODDARD’S REPORT DOES NOT CONTAIN RELEVANT,ADMISSIBLE EVIDENCE AS TO AUBUCHON AND THOMAS.
This Court’s Order of April 9, 2012 made clear that Aubuchon and Thomas haveabsolute immunity from any claims arising from their filing criminal charges in StapleyI & II. “To the extent Plaintiffs, particularly Stapley, has squarely grounded any claimon prior criminal prosecution by Thomas and Aubuchon, those claims can and must bedismissed at this time.” (April 9, 2012 Order at p. 42, lines 14-16).
The appellate panel affirmed the trial court in an opinion filed August 16, 2013. Jurisdiction has notyet returned to the District Court. If and when jurisdiction returns to this Court, Goddard is still notqualified to opine on this issue for the reasons set forth in Sections III & IV below.
Case 2:10-cv-02756-NVW Document 1044 Filed 08/23/13 Page 3 of 16