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)
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
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