Thompson I.G., L.L.C. v. Edgetech I.G., Inc.

Filing 65

AMENDED 64 Discovery Order No. 2. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THOMPSON, I.G., L.L.C.,
Plaintiff,
Case No. 11-12839
Hon: AVERN COHN

-vsEDGETECH, I.G., INC.,,
Defendant.
________________________________________/

AMENDED DISCOVERY ORDER NO. 2

On September 06, 2012, the Court entered a Memorandum And Order Granting
Defendant’s Motion To Disqualify Gerhard Reichert As Plaintiff’s Expert (Doc. 30) And
Dismissing As Moot Defendant’s Motion To Strike Reichert As Plaintiff’s Expert (Doc. 42)
(Doc. 52). In so doing, the Court overlooked the scope of the relief requested by defendant
in its disqualification motion (Doc. 30), to wit:
. . .or otherwise acting as a non-testifying consulting expert.
On October 17, 2012, the Court held a hearing on Plaintiff’s motion to allow Reichert
to attend depositions and otherwise consult with plaintiff1. The Court at the hearing failed
to appreciate the fact that in disqualifying Reichert to act as an expert at trial, it considered
only the testimonial aspects of disqualification, and not the consulting aspects of

1

The October 19, 2012 order incorrectly stated defendant.
1

disqualification. Given the reasons for disqualification of Reichert as an expert at trial, he
is also disqualified from consulting with plaintiff2 as an expert.
As previously stated, disqualification of Reichert as an expert does not mean he
cannot testify as a fact witness if he has relevant evidence to offer.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: October 23, 2012

I hereby certify that a copy of the foregoing document was mailed to the attorneys of record
on this date, October 23, 2012, by electronic and/or ordinary mail.

S/Julie Owens
Case Manager, [phone]

2

The October 19, 2012 order incorrectly stated defendant.
2