Pike v. Trinity Industries, Inc. et al

Filing 118

ORDER granting Plaintiff's Motion for Leave to Substitute Economist Dr. Borg for Dr. Pettingill (Doc. 113). Signed by Magistrate Judge Philip R. Lammens on 8/7/2013. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CHARLES W. PIKE,
Plaintiff,
v.

Case No: 5:12-cv-146-Oc-UATCPRL

TRINITY INDUSTRIES, INC. and
TRINITY HIGHWAY PRODUCTS,
LLC
Defendants.

ORDER
This case is before the Court for consideration of Plaintiff’s Motion to Substitute Dr.
Borg for Dr. Pettingill. (Doc. 113).

Plaintiff recites that Dr. Pettingill, his economic expert

previously disclosed pursuant to Fed. R. Civ. P. 26, was involved in an automobile accident and
sustained serious injuries that prevent his testifying in this case. Plaintiff wishes to substitute Dr.
Borg, however, Defendants object and contend that Plaintiff lacked diligence in informing the
Court and Defendants of the proposed substitution. Defendants also object on the ground that
discovery deadlines have passed.
Dr. Pettingill’s accident occurred on April 28, 2013, but counsel for Plaintiff did not
become aware of it until June 21, 2013. He did not inform Defendants of Dr. Pettingill’s
situation until July 31, 2013. In the interim, Plaintiff retained Dr. Borg on July 2, 2013, and
directed him to begin reviewing documents in this case. Although counsel for Plaintiff certainly
could have informed Defendants sooner regarding Dr. Pettingill’s situation, any prejudice caused
by Plaintiff’s delay is not great and can be cured by adjustments to the deadlines in this case.

Upon due co
U
onsideration, Plaintiff’s Motion (Do 113) is G
oc.
Granted. Pl
laintiff is granted
leave to substitute Dr. Borg for Dr. Petting
D
r
ghill. Plaint shall ha until Au
tiff
ave
ugust 20, 2013 to
a
pert
ures
ndants, and the parties s
shall have un Septemb 4,
ntil
ber
provide amended exp disclosu to Defen
2013 to complete the deposition of Dr. Borg.
c
e
.
DONE and ORDERED in Ocala, Flo
D
O
orida on Aug 7, 2013
gust
3.

urnished to:
Copies fu
Counsel of Record
Unrepres
sented Partie
es

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