Offshore Marine Contractors, Inc. v. Palm Energy Offshore, L.L.C. et al

Filing 219

ORDER AND REASONS granting 203 Motion in Limine. Signed by Chief Judge Sarah S. Vance. (Reference: 10-4151)(jjs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
OFFSHORE MARINE CONTRACTORS, INC.

CIVIL ACTION

VERSUS

NO: 10-4151

PALM ENERGY OFFSHORE, L.L.C. ET AL.

SECTION: R

ORDER
Plaintiff Offshore Marine Contractors, Inc. moves to exclude
as inadmissible hearsay the draft report of Tim Anselmi, whom
Chet Morrison Well Services, LLC and Chet Morrison Contractors,
LLC (collectively "Chet Morrison") attempt to offer as a witness.
The Court resolved this issue at the pre-trial conference but
will reiterate its determination in light of the
misrepresentations in Chet Morrison's opposition memorandum.
In continuing the trial, the Court entered a revised
scheduling order, which set April 1, 2013 as the date by which to
tender expert reports and a list of witnesses and exhibits.1 Chet
Morrison did not list Mr. Anselmi as a witness but listed his
report as an exhibit.2 On May 2, 2013, Chet Morrison filed a
motion, mislabeled as ex parte, for leave to amend its witness

1

R. Doc. 139.

2

R. Doc. 166.

list and to add, among others, Mr. Anselmi as an expert.3 The
Court denied the motion as untimely,4 and thus Mr. Anselmi is not
properly listed as a witness.
Accordingly, contrary to Chet Morrison's assertion, Mr.
Anselmi will not be permitted to testify at trial, as plainly
stated by the Court during the pre-trial conference in rejecting
Chet Morrison's contention that the inclusion on its witness list
of any witnesses "necessary to authenticate any document" or
"identified through subsequent discovery"5 cured its failure to
identify Mr. Anselmi as a witness. Therefore, the introduction of
Mr. Anselmi's draft report at trial represents inadmissible
hearsay. See Fed. R. Evid. 801(c).

The Court thus GRANTS

plaintiff's motion to exclude the draft expert report of Mr.
Anselmi. The Court also notes that further misrepresentations on
the part of Chet Morrison's counsel will be met with sanctions.

New Orleans, Louisiana, this 17th day of June, 2013.
__

_________________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

3

R. Doc. 191.

4

R. Doc. 198.

5

R. Doc. 166.
2