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, )

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?