Greenwell et al v. Howard Group et al

Filing 141

ORDER granting 131 Motion to strike supplemental report. Signed by Judge D. P. Marshall Jr. on 12/13/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PAIGE GREENWELL and ZACHARY FLUKER, on behalf of themselves and all other persons similarly situated, known and unknown v. PLAINTIFFS No. 4:15-cv-742-DPM R WINGS R WILD LLC; CONWAY WILD WINGS LLC; NORTH LITTLE ROCK WINGS LLC; JEROMY HOWARD; FORT SMITH FIERY HOT LLC; JONESBORO WINGS LLC; WINGIT LLC; I-40 WINGS LLC; EDMOND WINGS LLC; RWINGS ROCK LLC; TULSA WINGS LLC; SHAWNEE WINGS LLC; MIDDELWINGS LLC; WILD WINGS WEST LLC; OWASSO WINGS LLC; YUKON WINGS LLC; NORMAN WINGS LLC; and STILLWATER WINGS LLC DEFENDANTS ORDER For the fourth time, the Court addresses proposed expert opinions from Patricia Slate. NQ 77, 78, 84, 85, 86, 98, 113, 114, 115, 121, 125, 126, 128, & 130. Plaintiffs' motion to strike her supplemental report, NQ 131, is granted. First, the disclosure is untimely- the deadline for expert reports was ten months before Defendants provided the new report. Ng 64at1, 95at1, & 118at1. Second, the Court's August 2017 Order wasn't intended to open the gate for Slate to expand or supplement her opinions. Ng 121. And it cannot reasonably be read to do so. Instead, the Court's Order addressed Defendants' request for clarification of the Court's admittedly terse first ruling, which mostly sustained Plaintiffs' challenge to Slate's proposed testimony. So there could be no doubt about particulars, and with specific references to the original report, the Court went into detail about what parts of Slate's proposed testimony would be admissible and what parts wouldn't be. Defendants' effort to expand this expert's now-limited testimony, under the flag of supplementation, is misguided. Slate may offer her original opinions as limited by the Court's August 2017 roadmap Order, NQ 121. No more. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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