- 10 -
1973). Under Rule 702 of the Federal Rules of Evidence, the
trial judge is given broad discretion in his role as gatekeeper
to decide what evidence is relevant, reliable, and helpful to the
trier of fact. See Desrosiers v. Flight Intl. of Fla., Inc., 156
F.3d 952, 961 (9th Cir. 1998). In the instant case, the estate's
experts' reports are being offered to aid the Court in
understanding Mr. Marx's report. They are not being offered to
refute the unfavorable conclusions of the estate's experts, nor
are they being offered for a matter of out-of-context conjecture
or opinion which supports only one party's position, as was the
case in Diego Investors IV. Respondent gained no real tactical
advantage in the instant case when Mr. Marx adopted information
from the estate's experts' reports. The use of such reports is
tantamount to an informal stipulation which saves the Court time
in deciding a case that could have been settled by the parties.
Indeed, such information should have been incorporated into a
formal stipulation. We hold that the Marx and Cardenas reports
are admitted into evidence.
Fair Market Value of the MVS and MVN Shopping Centers
As is customary in valuation cases, the parties in the
instant case rely primarily on expert opinion evidence to support
their contrary valuation positions. In such cases, we evaluate
the opinions of experts in light of the demonstrated
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