Citation Codes Equivalent Citations citation codes Docket Number No. CIV 08-0295 JB/WDS. Motions Motion to strike : Denied Motion in limine : Denied Attorney(S) Robert B. Martinez, Albuquerque, New Mexico, and Timothy A. Vollman, Albuquerque, New Mexico, and Brad D. Hall, Albuquerque, New Mexico, Attorneys for the Plaintiff. Gregory J. Fouratt, United States Attorney, Jan Elizabeth Mitchell, Assistant United States Attorney, Dori Ellen Richards, Special Assistant United States Attorney, Albuquerque, New Mexico, Attorneys for Defendant United States of America. Ben Garcia, Albuquerque, New Mexico, Defendant pro se. Judges James O. Browning See more information ... Smart Summary Please sign up to generate summary. JOHN DAVID GARCIA, Plaintiff, v. THE UNITED STATES OF AMERICA and BEN GARCIA, Defendants. ORDER JAMES BROWNING, District Judge THIS MATTER comes before the Court on Plaintiff John David Garcia's Motion to Strike or Limit Expert Opinions of Defendant USA's Proffered Expert Witness Monty K. Gibson, filed December 21, 2009 (Doc. 41). The Court held a hearing on February 12, 2010. The primary issue is whether the Court will prohibit Defendant United States of America's expert witness, Monty Gibson, from testifying to whether B. Garcia's conduct was in the scope of employment and whether it was reasonable or negligent. At the hearing, Brad Hall, J. Garcia's attorney, agreed that the Court could consider Gibson's testimony, and make determinations whether to credit it "on a question by question basis and a topic by topic basis" at the bench trial scheduled to take place April 1 and 2, 2010. Transcript of Hearing at 73:20-23 (Hall). The Court accepts J. Garcia's invitation to hear the testimony and therefore denies his motion in limine. IT IS ORDERED that Plaintiff John David Garcia's Motion to Strike or Limit Expert Opinions of Defendant USA's Proffered Expert Witness Monty K. Gibson is denied. The Court's citation to the transcript refers to the court reporter's original, unedited version. The final transcript may contain slightly different page and/or line numbers.