Ovella v. B & C Construction and Equipment, LLC et al

Filing 291

ORDER ADOPTING PROPOSED FINDINGS OF FACT AND RECOMMENDATION: denying 186 Motion to Strike ; granting in part and denying in part 194 Motion to Exclude; adopting Report and Recommendations re 272 Report and Recommendations. Signed by Chief District Judge Louis Guirola, Jr. on 8/19/2011 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DOMINIC OVELLA

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v.
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B&C CONSTRUCTION AND
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EQUIPMENT, LLC, COLIE
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DONALDSON, COBY DONALDSON, §
BETH ANNE DONALDSON, ALLEN M.
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YOUNG, and YOUNG ENGINEERING §
SERVICES
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v.
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KATHLEEN OVELLA
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PLAINTIFF/
COUNTER-DEFENDANT
CAUSE NO. 1:10CV285 LG-RHW

DEFENDANTS/
COUNTER-CLAIMANTS/
THIRD-PARTY PLAINTIFFS

THIRD-PARTY DEFENDANT/
COUNTER-CLAIMANT

ORDER ADOPTING PROPOSED FINDINGS
OF FACT AND RECOMMENDATION
This cause comes before the Court on the Proposed Findings of Fact and
Recommendation [272] of United States Magistrate Judge Robert H. Walker entered
in this cause on August 5, 2011. Judge Walker reviewed two motions [186, 194]
regarding the timeliness and reliability of expert reports by Kifayat Khan and Michael
LeBatard. He concluded that: 1) Dominic and Kathleen Ovella should be allowed to
re-depose Khan and LeBatard regarding the opinions contained in the reports served
on April 1, 2011; 2) LeBatard’s testimony should be limited to his opinions regarding
architecture; and 3) Khan’s expert testimony should be allowed, subject to objection
regarding his use of NDS. The parties have advised the Court they have no objection
to the Magistrate Judge’s findings or conclusions. Having reviewed the Proposed
Findings of Fact and Recommendation and the record in this case, the Court finds the

Magistrate Judge’s conclusions neither clearly erroneous nor contrary to law.
IT IS THEREFORE ORDERED AND ADJUDGED that the Proposed
Findings of Fact and Recommendation [272] of United States Magistrate Judge Robert
H. Walker entered in this cause on August 5, 2011, should be, and the same hereby is,
adopted as the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the Motion [186] to
Strike Untimely Expert Reports and Testimony of Khan and LeBatard is DENIED.
IT IS FURTHER ORDERED AND ADJUDGED that discovery is re-opened
for the limited purpose of allowing Dominic and Kathleen Ovella to re-depose Khan
and LeBatard regarding the opinions contained in the reports served on April 1, 2011.
IT IS FURTHER ORDERED AND ADJUDGED that the Motion [194] to
Exclude is GRANTED to the extent that LeBatard’s testimony is limited to his
opinions regarding architecture, and DENIED with respect to Khan’s testimony;
however, subject to re-urging with respect to his use of NDS.
SO ORDERED AND ADJUDGED this the 19th day of August, 2011.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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