Driver et al v. D. Mosley Trucking, Inc. et al

Filing 150

ORDER denying 139 MOTION to Strike Expert Witnesses. (See Order for specifics.) Signed by Honorable Susan O. Hickey on October 29, 2014. (mll)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LOIS DRIVER, et al VS. PLAINTIFFS CASE NO. 4:13-cv-4074 D. MOSLEY TRUCKING, INC., et al DEFENDANTS ORDER Before the Court is a Motion to Strike Expert Witnesses filed on behalf of Plaintiffs Lois Driver and Robert Driver. (ECF No. 139). Plaintiffs request that the Court strike Defendant New Millennium Building Systems, L.L.C.’s experts, John Lindenschmidt and Steven Jackson. New Millennium has filed a response to the motion. (ECF No. 140). On October 27, 2014 a hearing on the motion was held. The Court finds this matter ripe for consideration. As to John Lindenschmidt, Plaintiffs argue that New Millennium failed to disclose Mr. Lindenschmidt as an expert within the time allowed for expert disclosures. New Millennium states that they no longer intend to call Lindenschmidt as an expert in the trial of this matter. Accordingly, Plaintiffs’ motion as to Mr. Lindenschmidt is DENIED AS MOOT. As to Steven Jackson, Plaintiffs argue that New Millennium failed to provide all exhibits relevant to Mr. Jackson’s expert report within the time allowed for rebuttal expert disclosures. The Court disagrees. The deadline for rebuttal expert disclosures was September 1, 2014, a federal holiday. Accordingly, pursuant to Federal Rule of Civil Procedure 6(a)(1)(C), New Millennium’s disclosures were not due until the following day, September 2, 2014. The materials referenced in Plaintiffs’ motion were provided by New Millennium on September 2, 2014. Accordingly, New Millennium’s disclosures were timely, and Plaintiffs’ motion as to Mr. Jackson should be and hereby is DENIED. As discussed in the hearing that took place on October 27, if there are any other materials that Mr. Jackson intends to use at trial that have not been turned over to Plaintiffs, New Millennium must provide these materials to Plaintiffs on or before November 7, 2014. IT IS SO ORDERED, this 29th day of October, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?