SOLIDFX LLC v. Jeppesen Sanderson Inc

Filing 115

ORDER The First Motion to Strike Experts Doc. # 84 is GRANTED IN PART and DENIED IN PART; The Second Motion to Strike Experts Doc. # 98 is DENIED; The Motion re Briefing Doc. # 103 is GRANTED to the following extent: the defendant shall respond to Plaintiff SolidFX, LLCs Partial Motion for Summary Judgment Doc. # 96 at the earlier of the day it files its own motion for summary judgment or July 2, 2012, by Magistrate Judge Boyd N. Boland on 4/24/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-01468-WJM-BNB
SOLIDFX, LLC,
Plaintiff,
v.
JEPPESEN SANDERSON, INC.,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Defendant Jeppesen Sanderson, Inc.’s Motion to Strike Experts and/or

Compel Adequate Expert Disclosures and New Depositions [Doc. # 84, filed 3/8/2012] (the
“First Motion to Strike Experts”);
(2)

Defendant Jeppesen Sanderson, Inc.’s Motion to Strike Willy Shih as an

Expert or, In the Alternative, Compel the Submission of an Expert Report [Doc. # 98, filed
4/3/2012] (the “Second Motion to Strike Experts”); and
(3)

Jeppesen Sanderson, Inc.’s Motion to Defer Partial Summary Judgment

Briefing Schedule or, In the Alternative, For Leave to File Successive Motions for
Summary Judgment [Doc. # 103, filed 4/6/2012] (the “Motion re Briefing”).
I held a hearing on the motions this morning and made rulings on the record, which are
incorporated here.
IT IS ORDERED:

(1)

The First Motion to Strike Experts [Doc. # 84] is GRANTED IN PART and

DENIED IN PART as follows:
• GRANTED to require the plaintiffs to make the following disclosures, on or
before May 8, 2012, concerning the expert testimony of Dona Flamme and Jeff McDonald, as
required by Fed. R. Civ. P. 26(a)(2)(C):
(i) the subject matter on which the witness is expected to present
evidence under Federal Rule of Evidence 702, 702, or 705; and
(ii) a summary of the facts and opinions to which the witness is
expected to testify;
•GRANTED to allow the defendant, at its option, to reopen the depositions of
Dona Flamme and Jeff McDonald to conduct an examination about the facts and opinions
disclosed pursuant to this Order. The reopened depositions shall be completed no later than June
15, 2012; and
DENIED in all other respects.
(2)

The Second Motion to Strike Experts [Doc. # 98] is DENIED.

(3)

The Motion re Briefing [Doc. # 103] is GRANTED to the following extent: the

defendant shall respond to Plaintiff SolidFX, LLC’s Partial Motion for Summary Judgment
[Doc. # 96] at the earlier of the day it files its own motion for summary judgment or July 2,
2012.
Dated April 24, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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