RAMIREZ v. MICHELIN NORTH AMERICA INC

JANIS JACK, District Judge

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.