Manno v. Healthcare Revenue Recovery Group, LLC et al

Filing 132

ORDER granting in part and denying in part 131 Plaintiff's Motion to Strike or, in the Alternative, for Extension of Time to Obtain Rebuttal Expert. See attached ORDER for details. Signed by Judge Robert N. Scola, Jr. on 10/25/2012. (jky)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 11-61357 SCOLA
STEPHEN M. MANNO et al.,
Plaintiffs,
vs.
HEALTHCARE REVENUE
RECOVERY GROUP, LLC,
Defendant.
_____________________________________/
ORDER ON MOTION TO STRIKE
THIS MATTER is before the Court on the Motion to Strike, or in the Alternative, Motion
for Extension of Time [ECF No. 131], filed by Plaintiff Stephen M. Manno. Plaintiff argues that
the Court should strike the report prepared by Defendant’s expert, Robert P. DeWitte, because
Defendant did not fully and properly make the disclosures required by Federal Rule of Civil
Procedure 26(a)(2)(B). As motions to strike are generally disfavored, the Court declines to strike
DeWitte’s expert report. See Pandora Jewelers 1995, Inc. v. Pandora Jewelry, LLC., 2010 WL
5393265, at *1 (S.D. Fla. Dec. 21, 2010) (“Motions to strike are generally disfavored and are
usually denied[.]” (citations omitted)) (Cooke, J.). Instead, the Court hereby orders the Defendant

to provide the disclosures required by the Rule, with appropriate specificity, no later than
October 29, 2012.

In addition, the Court grants the Plaintiff’s alternative request for an

extension of time to obtain a rebuttal expert. Plaintiff shall have until November 5, 2012,
inclusive of mailing days, to obtain a rebuttal expert and serve a rebuttal report.
Accordingly, it is hereby ORDERED and ADJUDGED that the Plaintiff’s Motion to
Strike, or in the Alternative, Motion for Extension of Time [ECF No. 131], is GRANTED
insofar as the Defendant must make the required expert disclosures, as set forth above, and the
Plaintiff is given an extension of time to obtain a rebuttal expert, as set forth above.
DONE and ORDERED in chambers, at Miami, Florida on October 25, 2012.

Copies to:
U.S. Magistrate Judge
Counsel of Record

________________________________
ROBERT N. SCOLA, JR.
UNITED STATES DISTRICT JUDGE