Travelers Property and Casualty v. Yarbrough

Filing 96

ORDER; that defendant ReNu Medical, Inc.'s motion for leave to disclose additional expert 87 is denied as further set out. Signed by Honorable Myron H. Thompson on 10/8/2010. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

TRAVELERS PROPERTY AND CASUALTY, Plaintiff, v. DAVID COLEMAN YARBROUGH and RENU MEDICAL, INC., Defendants.

) ) ) ) ) ) ) ) ) ) ) ORDER

CIVIL ACTION NO. 2:09cv785-MHT (WO)

It is ORDERED that defendant ReNu Medical, Inc.'s motion for leave to disclose additional expert (doc. no. 87) is denied. Defendant ReNu Medical, Inc.'s motion is meritless for several reasons, including the following: First, granting the motion would require an extension of not only the expert-witness as well. as to deadlines Medical taking but the discovery no of

deadline

ReNu why, in

has the

offered

explanation

deposition

Richard Ogle, it waited long after the running of expert-

witness deadlines and just a week before the discovery deadline. Second, ReNu Medical has not explained exactly

what the testimony of its new expert would be, and, thus, the court cannot tell why that testimony is necessary. Third, to allow the new expert would prejudice the other parties, for it would require a reopening of all expert discovery for all parties so that the opposing parties might obtain new expert testimony to respond to ReNu Medical's new expert testimony. The pretrial aspect of

this case should be winding down, not winding up, as the pretrial and trial dates approach. DONE, this the 8th day of October, 2010.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE