Diamond Resorts Int'l, Inc. v. Aaronson
District Court, M.D. Florida
1Opinion of the Court
ROY B. DALTON JR., United States District Judge
Plaintiffs move to admit the expert report of their consumer behavior expert Dr. David Stewart (Pls.' Ex. 99; Doc. 115-13 ("Stewart Report ")) due to Dr. Stewart's unavailability to testify at trial and the incompleteness of his deposition testimony. Recognizing that expert reports are inadmissible hearsay, see Johnston v. Borders , No. 6:15-cv-936-Orl-40DCI, 2018 WL 4215027, at *1 (M.D. Fla. Sept. 4, 2018), Plaintiffs seek to admit the Stewart Report under the residual hearsay exception, Federal Rule of Evidence 807, and in reliance on the U.S.…
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