ACE American Ins Co v. Cantiere Del Pardo S.P.A et al

Filing 189

ORDER denying 182 Motion in Limine without prejudice. Signed by Judge Alfred V. Covello on December 10, 2012. (Gentile, N.)

3:06CV01594(AVC). 12/10/12. The plaintiff’s motion to preclude
the testimony of Michael Higgins and Jan Kannally is denied
without prejudice. The plaintiff was given the names, resumes,
opinions and reports in Cantiere’s disclosure before the
relevant deadline. The plaintiff was also made aware of the
defendant’s intentions to call Higgins and Kannally on May 14,
2011, when they were listed as testifying witnesses in the joint
trial memorandum. Further, the plaintiff deposed both witnesses
over a year before trial. Accordingly, the court concludes that
the defendant’s failure to disclose the expert witnesses in a
timely manner has not prejudiced the plaintiff to a degree that
necessitates precluding their testimony.
With respect to the plaintiff’s argument that the testimony is
duplicative, the plaintiff may, if appropriate, move to strike
the testimony at the time of trial.
So ordered.
/s/
Alfred V. Covello, U.S.D.J.