IDS Property Casualty Insurance Company v. Kasneci

Filing 120

ORDER granting 93 Motion to Amend Expert Witness List; and denying 98 Motion for Leave to File Sur-Reply. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

IDS PROPERTY CASUALTY
INSURANCE COMPANY,
Case No. 13-11233

Plaintiff/Counter-Defendant,

Honorable John Corbett O’Meara

v.
FRANO KASNECI,
Defendant/Counter-Plaintiff.
/

ORDER GRANTING MOTION TO AMEND EXPERT WITNESS LIST
ANY DENYING MOTION TO FILE SUR-REPLY
This matter came before the court on plaintiff/counter-defendant IDS Property
Casualty Insurance Company's January 13, 2017 Motion for Leave to Amend Its
Expert Witness List. Franco Kasneci filed a response January 26, 2017; and IDS filed
a reply February 2, 2017. Kasneci subsequently filed a motion for leave to file a surreply February 14, 2017.
After IDS filed its Expert Witness List in February 2015, its neuropsychology
expert, Dr. Manfred Greiffenstein, died. In this motion IDS seeks to replace him on
the Expert Witness List with Dr. Robin Hanks. Kasneci opposes the motion, arguing,
among other things, that Dr. Greiffenstein's reports are inadmissible hearsay. That is
an issue for another day.

As noted in Kasneci's motion to file a sur-reply, "[t]here is no provision in the
Federal Rules of Civil Procedure nor in the Local Rules of the Eastern District of
Michigan that permits filing of a sur-reply to a motion as a matter of right." Mot. at
3. The court finds no reason to permit the filing of the proposed sur-reply, as it
discusses issues not raised in IDS' motion.
ORDER
It is hereby ORDERED that IDS' Motion for Leave to Amend Its Expert Witness
List is GRANTED.
It is further ORDERED that Franco Kasneci's Motion for Leave to File Surreply is DENIED.
s/John Corbett O'Meara
United States District Judge
Date: July 28, 2017

I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, July 28, 2017, using the ECF system.

s/William Barkholz
Case Manager

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