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Goldberg v. 401 North Wabash Venture LLC et al

August 24, 2012

GOLDBERG
v.
401 NORTH WABASH VENTURE LLC ET AL



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Amy J. St. Eve than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

Defendants' motion to exclude the expert opinions of Robert Levin [145] is granted in part, denied in part, and denied in part without prejudice. Reply to the motion for summary judgment is due 9/7/12. No further extensions will be granted.

O[ For further details see text below.] Notices mailed by Judicial staff.

STATEMENT

In connection with their pending motion for summary judgment, Defendants 401 North Wabash Venture LLC and Trump Chicago Managing Member, LLC (collectively, "Defendants") move to exclude the expert opinions of Robert Levin, pursuant to Rule 702 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993). (R. 145.) Plaintiff Jacqueline Goldberg relies on Mr. Levin's opinions in her response to the motion for summary judgment. For the reasons explained below, Defendants' motion is granted in part, denied in part, and denied without prejudice in part.

BACKGROUND

This action arises out of a dispute over the sale of two hotel condominium units ("HCUs") in the Trump International Hotel and Tower in Chicago, Illinois ("Trump Tower"). Plaintiff Jacqueline Goldberg alleges that Defendants "lured her into signing Purchase Agreements to buy" two HCUs in Trump Tower "in violation of federal and state consumer protection laws by," among other things:

using detailed Property Reports, eye-catching financial statements, and fancy brochures to misrepresent that HCUs also included the ownership of the Trump-branded luxury hotel property and business operations where the HCUs were situated . . . that [Defendants] calculated would generate over $5 million in revenue; an ownership interest [that Defendants] stripped unilaterally from HCU buyers and reclaimed for themselves right before the hotel opened.

(R. 132, Pl.'s Resp. at 1.) For a detailed discussion of the factual and procedural background of this case, including a discussion of the parties' claims, see generally the Court's Memorandum Opinion and Order, dated April 22, 2010, which granted in part, and denied in part, Defendants' motion to dismiss. (R. 36.)

Courtroom Deputy KF

Initials:

During discovery, Plaintiff disclosed Mr. Robert Levin as an expert pursuant to Rule 26(a)(2). According to Mr. Levin, Plaintiff retained him:

to review, analyze and provide opinions on certain matters relating to the hotel condominium units offered for sale at Trump International Hotel and Tower in Chicago . . . [; and] to review, analyze and provide opinions on matters relating to the established customs and practices of aspects of the real estate, condominium and professional property management industry, ...


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