Kay et al v. Peak Water Systems LLC et al

Filing 96

ORDER granting 82 Motion for Sanctions; denying without prejudice 92 Motion to Strike as premature. The Court assesses no attorney's fees. The new deadlines are as follows: Dispositive Motions, including all expert-related motions by 15 December 2014; Responses by 23 January 2015; Replies by 13 February 2015. Signed by Judge D. P. Marshall Jr. on 10/31/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MARVIN KAY and LAURA KAY

v.

PLAINTIFFS

No. 4:13-cv-487-DPM

PEAK WATER SYSTEMS LLC and
FOXBOROUGH ENERGY CO. LLC

DEFENDANTS

ORDER
For the reasons stated on the record in the 30 October 2014 hearing, the
Court grants the motion for sanctions, NQ 82. In proving their case, the Kays
are limited to discovery responses, material, information, and persons
disclosed before 15 August 2014, with a carve out for Dowdle's Exhibit A.
The motion to strike, NQ 92, is denied without prejudice as premature. All
disputes about the experts, including the Dowdle material, will be handled
along with parties' dispositive or Daubert motions.
Exercising its discretion under Rule 37(b)(2)(C), the Court assesses no
attorney's fees. While the delayed discovery responses are not excusable, an
award of attorney's fees in these circumstances would be unjust.

Here are the new deadlines:
•

Dispositive motions,
including all expert-related
motions .........................................................15 December 2014

•

Responses .......................................................... 23 January 2015

•

Replies .............................................................13 February 2015

So Ordered.

D.P. Marshall Jr.
United States District Judge

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