Electrolux Home Prod v. Whitesell Corp

Filing 1229

ORDER denying without prejudice 1222 Motion to Strike ; denying 1223 Motion to Strike ; denying 1224 Motion to Strike ; denying 1225 Motion to Strike. Signed by Chief Judge J. Randal Hall on 7/15/2019. (pts)

IN THE UNITED STATES DISTRICT COTOT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

WHITESELL CORPORATION,

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Plaintiff,

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V.

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CV 103-050

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ELECTROLUX HOME PRODUCTS,

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INC., HUSQVARNA, A.B., and
HUSQVARNA OUTDOOR PRODUCTS,
INC.,

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Defendants.

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ORDER

On Friday, June 12, 2019, at approximately 4:00 p.m..
Plaintiff Whitesell Corporation filed four motions to strike
the reports and testimony of certain expert defense witnesses.
Defendants filed an opposition brief today, Monday, June 15,

at 12:42 p.m.

The Court has been presiding over a jury trial

this entire day; today is also the deadline that the parties
must submit rebuttal expert reports.
While Plaintiff expressly states that the motions are not
Daubert motions, the motions may be construed as an attack on

each expert's methodology and reliability, which are typically
Daubert issues.^

^

Moreover, much of the basis of Plaintiff's

The parties have agreed to submit Daubert motions

between October 16, 2019 and November 15, 2019, after all
expert reports have been furnished, expert deposition have

motions

focus

on

the

same

arguments

Plaintiff

has

relative to pending cross-motions for summary judgment.

made

The

Court will not resolve these issues, which are essential to
Plaintiff's contentions, in the context of motions to strike.

Finally, Plaintiff filed these motions on the eve of its
deadline to submit rebuttal expert reports after having had
the benefit of the expert reports for approximately 90 days.
Upon consideration of the nature and circumstances of the
four motions to strike expert reports, the Court hereby DENIES
WITHOUT PREJUDICE Plaintiff's motions to strike expert reports

(doc. nos. 1222, 1223, 1224 & 1225).

Plaintiff may refile its

motions at a more appropriate time.

ORDER ENTERED at Augusta, Georgia, this /^ day of July,
2019.

J.^RANlAir HALg, CHIEF JUDGE

UNITE^STATES DISTRICT COURT
SOUXHERN

DISTRICT OF GEORGIA

been taken, and any summary judgment motions on liability
issues have been filed.

(See Doc. No. 1171.)