Intermarine, Inc. v. Baker et al

Filing 109

ORDER denying 99 Motion for Leave of Court to use the Rebuttal/Supplemental Expert Witness Report of Joel Sparrow dated November 4, 2008. Signed by Judge William J. Zloch on 11/12/2008. (bc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-61607-CIV-ZLOCH INTERMARINE, INC., Plaintiff/Counter-Defendant, and BANK OF AMERICA, N.A., Intervening Plaintiff, vs. THOMAS BAKER, in personam, LINDA BAKER, in personam, SUN BENGAL, O/N 1117103, all her rigging, tackle, apparel, furniture, engines, nets, fishing gear, and all other necessaries thereunto appertaining and belonging, in rem, Defendants/Counter-Plaintiffs. / THIS MATTER is before the Court upon Defendants Thomas and Linda Baker's Motion For Leave Of Court To Use The ORDER

Rebuttal/Supplemental Expert Witness Report Of Joel Sparrow Dated November 4, 2008 (DE 99). The Court has carefully reviewed said

Motion and the entire court file and is otherwise fully advised in the premises. By prior Order (DE 91), the Court set a deadline of noon on October 22, 2008, for the Parties to exchange expert witness reports. Joel Sparrow's November 4, 2008, report was filed well

after the Court's deadline, and Defendants did not file a Motion to extend the Court's deadline. Defendants argue that the reason for

their failure to timely file the report is because of the necessary to rebut the report of Roland R. Santos, Plaintiff Intermarine, Inc.'s expert. Any damage to the vessel caused by the fire and the cost to repair it is the subject of the Defendants' Counterclaim (DE 25). The issue addressed by the untimely report of Joel Sparrow is the potential cost of repairing or replacing the vessel's engine as a result of the fire. Based on the posture of the claim for damage

to the vessel, it is Defendants' burden to establish the costs of repair or replacement of the engine, not Plaintiff's. Defendants

were required to submit their expert report on the estimated costs of repair or replacement by noon on October 22, 2008, if they were seeking to prove those costs by the testimony of an expert. Thus,

the November 4, 2008, report of Joel Sparrow at issue is untimely. Moreover, it does not constitute a rebuttal to Plaintiff

Intermarine, Inc.'s expert report. the instant Motion.

Therefore, the Court will deny

Accordingly, after due consideration, it is ORDERED AND ADJUDGED that Defendants Thomas and Linda Baker's Motion For Leave Of Court To Use The Rebuttal/Supplemental Expert Witness Report Of Joel Sparrow Dated November 4, 2008 (DE 99) be 2

and the same is hereby DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 12th day of November, 2008.

WILLIAM J. ZLOCH United States District Judge Copies furnished: All Counsel of Record

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