EBERHART v. GETTYS, (M.D.N.C. 2002)

JAMES BEATY, United States District Judge.

For the reasons stated in the Memorandum Opinion filed contemporaneously herewith,

IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment [Document #21] is DENIED except as to Plaintiffs' claims against Defendants Smith and Stiliwell in their individual capacities. Defendants' Motion for Summary Judgment is GRANTED as to Plaintiffs' claims against Defendants Smith and Stiliwell in their individual capacities.

IT IS FURTHER ORDERED that Defendants' Motion to Strike Plaintiffs' expert witness, Avery Barber [Document #26], is DENIED. Defendants are granted leave to conduct a deposition of Avery Barber prior to trial.

IT IS FURTHER ORDERED that Defendants' Supplemental Motion to prohibit Plaintiffs from offering witnesses or introducing documents [Document #46] is also DENIED.