Thomason v. Randall et al

Filing 76

ORDER denying as moot 39 Motion for Relief. Signed by Honorable Susan O. Hickey on October 28, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
SCOTT THOMASON
V.

PLAINTIFF
NO. 12-4155

STEVE RANDALL,
WARREN HANSON,
STEVE FALER,
SWS ENGRAVING, LLC., and
AMERICAN LEGACY FIREARMS, INC.

DEFENDANTS
ORDER

Before the Court is Plaintiff’s Motion for Relief Under Rule 37. (ECF No. 39).
Defendants have responded. (ECF No. 40). Plaintiff seeks relief under Federal Rule of Civil
Procedure 37 because Defendants violated Federal Rule of Civil Procedure 26(a)(2) by
supplementing their expert witness disclosures after the June 19, 2014 deadline set by this Court
in the Final Scheduling Order (ECF No. 22). On July 10, 2014, Defendants sent the Plaintiff
notice that they may call William Tolleson, Jr. as both a fact witness and a rebuttal expert
witness. Defendants have since served an amended notice, indicating that they intend to call Mr.
Tolleson solely as a fact witness. Therefore, the Court finds that Plaintiff’s Motion should be
and hereby is DENIED as moot.
IT IS SO ORDERED, this 28th day of October, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge