Source Production & Equipment Co., Inc. et al v. Schehr et al

Filing 277

ORDER AND REASONS GRANTING 215 Motion in Limine to strike Hedger's expert testimony. Signed by Judge Barry W Ashe on 4/22/19. (clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SOURCE PRODUCTION &
EQUIPMENT CO., INC., ASPECT
TECHNOLOGY LIMITED,
SPECMED, LLC, SPEC MED
INTELLECTUAL PROPERTY, LLC
AND SPEC INTELLECTUAL
PROPERTY, LLC

CIVIL ACTION
NO. 16-17528
SECTION M (1)

VERSUS
KEVEN J. SCHEHR, ISOFLEX USA,
ISOFLEX
RADIOACTIVE
LLC,
RICHARD H. MCKANNAY, JR., AND
JOHN DOES 1-10
ORDER & REASONS
Before the Court is a motion in limine filed by defendants Kevin Schehr (“Schehr”) and
Isoflex USA (“IUSA”) (collectively “Defendants”) seeking to exclude the testimony of
plaintiffs’ expert Troy Hedger (“Hedger”), arguing that Hedger’s “rebuttal” expert report was
untimely produced, and that Hedger is disqualified by the protective order from testifying as an
expert in this matter because he is IUSA’s competitor.1

Plaintiffs Source Production &

Equipment Co., Inc., Aspect Technology Limited, Specmed, LLC, Spec Med Intellectual
Property, LLC, and Spec Intellectual Property, LLC (collectively “Plaintiffs”) respond in
opposition.2 Defendants filed a reply in further support of the motion.3
On April 18, 2019, in ruling on a motion to compel, the United States Magistrate Judge
assigned to this matter found that Hedger is IUSA’s competitor, and thus he is prohibited by the
protective order from viewing any documents designated as “Confidential” or for “Attorneys’

1

R. Doc. 215.
R. Doc. 244.
3
R. Doc. 261.
2

Eyes Only.”4 As a result, Hedger is not able to testify as an expert in this matter.5 Having
considered the parties’ memoranda, the applicable law, and the United States Magistrate Judge’s
April 18, 2019 Order & Reasons, the Court finds that Defendants’ motion in limine to exclude
Hedger should be granted for the reasons articulated by the United States Magistrate Judge.
Accordingly,
IT IS ORDERED that Schehr and IUSA’s motion in limine to strike Hedger’s expert
testimony (R. Doc. 215) is GRANTED.

New Orleans, Louisiana, this 22nd day of April, 2019.

________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE

4
5

R. Doc. 273.
Id.

2