Kozlov v. Associated Wholesale Grocers, Inc. et al

Filing 413

ORDER - Tchikobava's motion to strike (Case No. 4:10-cv-3212, filing 388) is denied as moot. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IGOR KOZLOV,
Plaintiff,
vs.
ASSOCIATED WHOLESALE
GROCERS, INC., et al.,
Defendants.
ANDREI TCHIKOBAVA,
Plaintiff,
vs.
ASSOCIATED WHOLESALE
GROCERS, INC., et al.,
Defendants.

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PAMELA SCOTT, Personal
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Representative of the Estate of Michael )
E. Scott, Deceased,
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Plaintiff,
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vs.
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IGOR KOZLOV, ALBATROSS
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EXPRESS, LLC and UNICK, LLC,
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Defendants.
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4:10-cv-03211
ORDER

4:10-cv-03212

8:10-cv-03191

This matter is before the Court on Andrei Tchikobava’s (“Tchikobava”) motion to
strike the testimony of Associated Wholesale Grocers, Inc.’s (“AWG”) expert witness, Dr.
Chris A. Cornett (“Cornett”). (Case No. 4:10-cv-3212, filing 388.) Tchikobava asserts that

Cornett’s testimony should be stricken because AWG failed to provide Cornett’s report by
September 16, 2014, as agreed by the parties.
Tchikobava’s motion to strike was filed on September 16, 2014. Later that day, AWG
responded to Tchikobava’s motion, stating that the report had now been provided to
Tchikobava’s counsel. (Case No. 4:10-cv-3212, filing 389.) AWG filed a supplemental
response to Tchikobava’s motion to strike on September 18, 2014, informing the Court that
Tchikobava’s counsel, after reviewing Cornett’s report, has decided not to depose Cornett.
(Case No. 4:10-cv-3212, filing 391.) Therefore, according to AWG, Tchikobava has not
been prejudiced by any alleged delay in receiving the report. Tchikobava has not responded
to AWG’s supplemental response or given any other indication that he still desires to pursue
his motion to strike.
Accordingly, Tchikobava’s motion to strike (Case No. 4:10-cv-3212, filing 388) is
denied as moot.
DATED October 6, 2014.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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