Reed v. Malone's Mechanical, Inc. et al

Filing 58

ORDER denying 42 Motion to Strike and Exclude Plaintiff's Expert Witness Sarah Moore. The Court will revisit this issue should Plaintiff fail to make a good faith effort to comply with this Order. Signed by Honorable Robert T. Dawson on July 8, 2010. (lw)

Reed v. Malone's Mechanical, Inc. et al

Doc. 58

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MICHAEL REED v. Case No: 09-2061 PLAINTIFF

MALONE'S MECHANICAL, INC., MICHAEL JACOBS, and SIMMONS FOODS, INC. TRAVELERS INSURANCE COMPANY and FMC TECHNOLOGIES ORDER

DEFENDANTS INTERVENORS

Currently before the Court are Defendant Simmons Foods, Inc.'s Motion to Strike and Exclude Plaintiff's Expert Witness Sarah Moore (doc. 42), Plaintiff's response, and Defendant's reply. For its

motion, Defendant seeks to exclude the testimony of Plaintiff's life care planner based on the untimely disclosure of her expert report, which Defendant did not receive until June 9, 2010. Defendant contends it has not had the opportunity to depose Ms. Moore or to designate its own expert. On June 15, 2010, the Court granted the parties' joint motion for extension of the discovery deadline. The close of discovery is July 17, 2010. To address the concerns of Defendant, Plaintiff is

directed to produce Ms. Moore for deposition by the close of discovery. Defendant will then have until July 26, 2010, to Therefore, Defendant's Motion to

counter-designate its expert.

Strike and Exclude Plaintiff's Expert Witness Sarah Moore is DENIED. The Court will revisit this issue should Plaintiff fail to make a good faith effort to comply with this Order.

Dockets.Justia.com

IT IS SO ORDERED this 8th day of July 2010. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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