MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO PRECLUDE THE EXPERT TESTIMONY OF KEITH A. BERGMAN (ECF NO. 81) IS GRANTED IN PART AND DENIED IN PART AS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION. PLAINTIFFS COUNSEL SHALL EMAIL CHAMBERS ON OR BEFORE AUGUST 7, 2026 TO CONFIRM THAT THEY HAVE READ AND EXPLAINED THIS ORDER AND THE ACCOMPANYING MEMORANDUM OPINION TO THEIR RETAINED EXPERT WITNESS, KEITH A. BERGMAN. PLAINTIFFS COUNSEL SHALL INSTRUCT BERGMAN THAT HIS TESTIMONY AND THE CONTENTS OF THE REPORT ARE EACH LIMITED IN ACCORDANCE WITH THE COURTS DECISION IN THE ACCOMPANYING MEMORANDUM OPINION. BERGMANS FAILURE TO LIMIT HIS TESTIMONY ACCORDINGLY WILL BE GROUNDS FOR A MISTRIAL. THE COURT NOTICES PLAINTIFFS AND THEIR COUNSEL THAT IN THE EVENT OF A MISTRIAL, PLAINTIFFS SHALL BE RESPONSIBLE FOR PAYING ALL ATTORNEYS FEES AND COSTS.. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 7/31/26. 7/31/26 ENTERED AND COPIES E-MAILED.(rf)•KIM et al v. PIERRE et al
MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO PRECLUDE THE EXPERT TESTIMONY OF KEITH A. BERGMAN (ECF NO. 81) IS GRANTED IN PART AND DENIED IN PART AS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION. PLAINTIFFS COUNSEL SHALL EMAIL CHAMBERS ON OR BEFORE AUGUST 7, 2026 TO CONFIRM THAT THEY HAVE READ AND EXPLAINED THIS ORDER AND THE ACCOMPANYING MEMORANDUM OPINION TO THEIR RETAINED EXPERT WITNESS, KEITH A. BERGMAN. PLAINTIFFS COUNSEL SHALL INSTRUCT BERGMAN THAT HIS TESTIMONY AND THE CONTENTS OF THE REPORT ARE EACH LIMITED IN ACCORDANCE WITH THE COURTS DECISION IN THE ACCOMPANYING MEMORANDUM OPINION. BERGMANS FAILURE TO LIMIT HIS TESTIMONY ACCORDINGLY WILL BE GROUNDS FOR A MISTRIAL. THE COURT NOTICES PLAINTIFFS AND THEIR COUNSEL THAT IN THE EVENT OF A MISTRIAL, PLAINTIFFS SHALL BE RESPONSIBLE FOR PAYING ALL ATTORNEYS FEES AND COSTS.. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 7/31/26. 7/31/26 ENTERED AND COPIES E-MAILED.(rf)District Court Paed31 lug 2026
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SENG LONG KIM, et al., : CIVIL ACTION
Plaintiffs, :
:
v. :
:
JOHNY M. PIERRE, et al., : No. 25-cv-0141
Defendants. :
ORDER
AND NOW, this 31st day of July 2026, upon consideration of Defendants’ Johny M.
Pierre and Star Logistics and Hospitality Services, LLC’s (hereinafter, “Defendants”) Motion to
Preclude the Expert Testimony of Keith A. Bergman (ECF No. 81), Plaintiffs’ Opposition (ECF
No. 82), Defendants’ Reply (ECF No. 87), and Plaintiffs’ Sur-Reply (ECF No. 88), it is hereby
ORDERED as follows:
1. Defendants’ Motion to Preclude the Expert Testimony of Keith A. Bergman (ECF No.
81) is GRANTED in part and DENIED in part as set forth in the accompanying
Memorandum Opinion.
2. Plaintiffs’ Counsel shall EMAIL Chambers on or before August 7, 2026 to confirm
that they have read and explained this Order and the accompanying Memorandum
Opinion to their retained expert witness, Keith A. Bergman. Plaintiffs’ counsel shall
INSTRUCT Bergman that his testimony and the contents of the Report are each
LIMITED in accordance with the Court’s decision in the accompanying Memorandum
Opinion. Bergman’s failure to limit his testimony accordingly will be grounds for a
mistrial. The Court NOTICES Plaintiffs and their Counsel that in the event of a
mistrial, Plaintiffs shall be responsible for paying all attorneys’ fees and costs.
Case 2:25-cv-00141-CFK Document 99 Filed 07/31/26 Page 1 of 2
2
BY THE COURT:
/s/ Chad F. Kenney
CHAD F. KENNEY, JUDGE
Case 2:25-cv-00141-CFK Document 99 Filed 07/31/26 Page 2 of 2
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