Thomas v. Moody
ORDER denying 100 and 101 Motion to exclude expert evidence, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 7/1/15. (djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
) Civil Action No. 1:13cv920-WHA
DARREN MOODY, et al.,
This case is before the court on two Motions to Exclude, seeking to exclude expert
evidence offered by the Plaintiff (Doc. #100, 101), and filed by the Defendants on June 26, 2015.
The Scheduling Order entered in this case set a deadline for filing Daubert motions on or
before the dispositive motions deadline, which was 90 days prior to the pretrial hearing set on
April 9, 2015. (Doc. #14 at Section 2). By later Order of the court, the case was reset on the
September 28, 2015 trial term, with a pretrial date of August 26, 2015 (Doc. #69). That Order did
not change the Scheduling Order provision which ties the dispositive motion and Daubert motion
deadline to the pretrial order date, and in fact stated that all provisions of the Scheduling Order
other than Sections 1, 7, 9, 10, and 11 remain in full force and effect . (Doc. #69). A Motion for
Summary Judgment was timely-filed on the dispositive motion deadline, May 26, 2015, which is
ninety days before the new pretrial date.
The Motions to Exclude expert evidence, having been filed a month after the dispositive
motion deadline, are untimely. Accordingly, it is hereby ORDERED that the Motions to Exclude
(Doc. #100, 101) are DENIED.
Done this 1st day of July, 2015.
/s/ W. Harold Albritton____________________
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE
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