ICM NOTES, LTD v. ANDREWS KURTH (S.D.Tex. 4-18-2002)

DAVID HITTNER, United States District Judge:

Pending before the Court is the Motion to Strike William M. Schultz as an Expert Witness and to Strike his Report (Instrument #30) filed by Plaintiff ICM Notes, Ltd. Having considered the motion, submissions on file, and applicable law, the Court determines that the motion is moot in part and should be denied in part. The Court has previously entered an order dismissing Plaintiff's claim against Andrews Kurth, L.L.P. for breach of fiduciary duty. Therefore, Plaintiff's motion as it relates to this claim is rendered moot. Accordingly, the Court hereby

ORDERS that the Motion to Strike William M. Schultz as an Expert Witness and to Strike his Report (Instrument #30) is MOOT IN PART AND DENIED IN PART. Plaintiff's motion to strike is MOOT to the extent it seeks to exclude the portions of William M. Schultz's report and his testimony relating to the breach of fiduciary duty claim. The motion is DENIED at this time with respect to any testimony relating to issues other than the breach of fiduciary duty claim. This Order, however, does not preclude Plaintiff from asserting objections to testimony by William M. Schultz at the time of trial.