MARCUS v. BMW OF NORTH AMERICA, LLC (N.J. 11-19-2010)

KATHARINE HAYDEN, District Judge

The plaintiff, Jeffrey Marcus ("Marcus"), having moved to certify a national class under Counts 1 and 2 of the amended complaint [D.E. 26], and to certify a New Jersey sub-class under Counts 3 through 11 of the amended complaint [D.E.'s 26, 144], and to exclude the expert testimony of William D. Pettit [D.E. 198]; and the defendants — BMW of North America ("BMW"), Bridgestone Firestone North American Tire, LLC (now known as Bridgestone Americas Tire Operations, LLC, or "BATO"), and Bridgestone Corporation ("Bridgestone") — having moved to exclude the expert testimony of Charles G. Gold [D.E. 207]; and the Court having heard oral argument and considered the parties' briefs; and for the reasons stated in the opinion filed herewith,

IT IS this 19th day of November, 2010, hereby ORDERED that Marcus's motion to certify the national class [D.E. 144] is denied, and it is further

ORDERED that Marcus's motion to certify the New Jersey sub-class [D.E. 144] is granted, and it is further

ORDERED that Marcus's motion to exclude the expert testimony of William D. Pettit [D.E. 198] and the defendants' motion to exclude the expert testimony of Charles G. Gold [D.E. 207] are both denied.