Buckeye Tree Lodge and Sequoia Village Inn, LLC v. Expedia, Inc. et al

Filing 203

ORDER by Judge Vince Chhabria denying 195 Motion to Strike. (vclc2S, COURT STAFF) (Filed on 1/24/2020)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

BUCKEYE TREE LODGE AND
SEQUOIA VILLAGE INN, LLC, et al.,
Plaintiffs,
v.

Case No. 16-cv-04721-VC
ORDER DENYING MOTION TO
STRIKE
Re: Dkt. No. 195

EXPEDIA, INC., et al.,
Defendants.
The motion to strike is denied. The summary judgment hearing is still three months away,
and trial is still five months away. Furthermore, Dr. Dennis’s revised report doesn’t present any
new substantive opinion, doesn’t appear to present significant new issues relating to
admissibility under Daubert, and will potentially allow the Court to better adjudicate the case.
For these reasons, the plaintiffs’ failure to introduce the revised opinion prior to the expert report
deadline is harmless error.
If the defendants wish to depose Dr. Dennis regarding the revisions to his report, they
may do so prior to March 2, 2020 (but for no longer than two hours).
IT IS SO ORDERED.
Dated: January 24, 2020
______________________________________
VINCE CHHABRIA
United States District Judge