Whether any of this will persuade the jury remains unclear. That is not the issue before the court. What is clear is that the jury should get the opportunity to hear this evidence, look Dr. Prowse in the eye, and give his testimony whatever weight it deems appropriate.
HTC’s motion is DENIED.
IT IS SO ORDERED.
Dated: September 6, 2013
_________________________________
PAUL S. GREWAL
United States Magistrate Judge
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