Waste Management of Louisiana, L.L.C. v. River Birch, Inc. et al

Filing 406

ORDER and REASONS denying 262 Motion to Strike Untimely Expert Report of Ronald L. Gagnet to the extent that Defendants seek to have the entirety of the information set forth in the supplemental report excluded. Defendants may cross examine Mr. Gagnet at trial regarding the information set forth in the supplemental report and the revision of his original calculations, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 11/16/2017. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WASTE MANAGEMENT OF LOUISIANA, LLC

CIVIL ACTION

VERSUS

NO. 11-2405

RIVER BIRCH, INC.,
HIGHWAY 90, LLC,
FREDERICK R. HEEBE, and
ALBERT WARD, JR.

SECTION "N" (4)

ORDER AND REASONS
Having considered the parties' submissions, the record in this matter, and applicable
law, IT IS ORDERED that Defendants' "Motion to Strike Untimely Expert Report of Ronald L.
Gagnet" (Rec. Doc. 262) is DENIED to the extent that Defendants seek to have the entirety of the
information set forth in the supplemental report excluded. Defendants may cross-examine Mr.
Gagnet at trial regarding the information set forth in the supplemental report and the revision of his
original calculations. Additionally, given the Court's recent summary judgment rulings, the parties
are further advised that trial testimony to be elicited from expert witnesses shall be limited to only
that which is relevant to Plaintiff's remaining damages claim against Defendants for the legal fees
and expenses incurred by it as a result of prior litigation with Jefferson Parish.
New Orleans, Louisiana, this 16th day of November 2017.

_________________________________
KURT D. ENGELHARDT
United States District Judge