Byler v. Alaskan Leader

Filing 193

JDR ORDER granting Motion 172 to Strike Expert Witnesses D. Lacey and A. Johnson from Plaintiff's witness list. Order signed by Judge John D. Roberts. (JAM, Chambers Staff)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

ESTATE OF JERRY L. BYLER,
Plaintiff,
vs.
ALASKAN LEADER, Official No.
558697, its Engines, Machinery,
Appurtenances, etc., In Rem, and
ALASKAN ADVENTURE TOURS,
INC., In Personam

Case No. 3:10-cv-00055-HRH-JDR
ORDER GRANTING MOTION TO
STRIKE EXPERT WITNESSES
Docket 172

Defendants,
CITY AND BOROUGH OF
YAKUTAT,
Intervenor.
Intervenor, CBY, filed a Motion To Strike Expert Witnesses at Docket
172. The Estate filed it’s Opposition at Docket 180 and CBY filed it’s Reply at
Docket 186. CBY seeks to strike the Estate’s late-noticed experts as the time to file
notice of expert witnesses and reports lapsed on March 2, 2011. The court held the
Motion in abeyance and granted, in part, the Plaintiff’s request to extend the time for

discovery.1
The original deadline for expert disclosures was March 2, 2011. Plaintiff
filed notice of two experts on March 25. The notice was not accompanied by any
reports (which were also due on March 2, 2011). The Plaintiff filed a Motion to
Extend Time for Discovery seeking time to further investigate whether the experts,
Douglas S. Lacey and Alfred L. Johnson, would be needed to testify at trial. This
Motion was denied except that the court allowed the Plaintiff to have an extension
only for the purpose of producing expert reports.2
The deadline for the Plaintiff to submit expert reports was June 10,
2011, three months after the date the reports were originally due. That date has
passed. The Estate did not file any reports. In accordance with the Order at Docket
191, CBY’s Motion is HEREBY GRANTED. Accordingly, Douglas S. Lacey and
Alfred L. Johnson are stricken from the Plaintiff’s witness list and shall not be called
as experts at trial.
IT IS SO ORDERED.
DATED this 13th

day of June, 2011 at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge

1

See Order Granting in Part Motion to Compel Compliance with Subpoenas
[169], Holding Motion to Strike Expert Witnesses in Abeyance [172], and Denying
in Part Motion to Extend Time for Discovery, Docket 191.
2

See Id. at p. 13.

10-cv-055-HRH-JDR Order @ 172 GRANTING Motion to Strike Expert Witnesses.wpd

2