Morris et al v. Tyson Chicken Inc et al

Filing 236

MEMORANDUM OPINION AND ORDER signed by Senior Judge Joseph H. McKinley, Jr. on 8/21/20 ;granting 234 Motion for Leave to Substitute. cc: Counsel(DJT)

Case 4:15-cv-00077-JHM-HBB Document 236 Filed 08/24/20 Page 1 of 1 PageID #: 8028

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
OWENSBORO DIVISION
CIVIL ACTION NO: 4:15-CV-00077-JHM
CHARLES MORRIS, et al.

PLAINTIFFS

V.
TYSON CHICKEN, INC., et al.

DEFENDANTS

MEMORANDUM OPINION AND ORDER
This matter is before the Court on Defendant Tyson Chicken Inc.’s Motion for Leave to
Substitute. [DN 234]. Fully briefed, the matter is ripe for decision. When Defendant filed its
response to Plaintiffs’ Counterstatement of Uncontroverted Facts, it also filed several exhibits as
attachments. [DN 230]. One of those exhibits is listed as “Exhibit 10 – Expert Report of Dr. Kyle
Stiegert (Redacted).” [DN 230-10]. It turns out there was a mistake. DN 230-10 is the unredacted
expert report of Walter Thurman—not Stiegert’s redacted expert report that Defendant intended
to file.
Defendant made a similar mistake before. [DN 218].1 Defendant should take care to avoid
such careless mistakes in the future. As the Court has done before in a similar situation, it will
permit Defendant to replace Thurman’s report at DN 230-10 with the redacted version of Stiegert’s
report attached to its Motion. For the reasons set forth above, IT IS HEREBY ORDERED that
Defendant’s Motion for Leave to Substitute [DN 234] is GRANTED.

cc: counsel of record
August 21, 2020
1

In a prior Memorandum Opinion and Order, the Court permitted Defendants to file certain pages of two expert
reports under seal because Defendants mistakenly filed the two reports in their entirety without a provisional seal.
[DN 218 at 5–6].