Copper Sands Homeowners Association, Inc. et al v. Copper Sands Realty, LLC et al

Filing 700

ORDER Granting 678 Defendant Cannon Management's Motion to Strike Section 18 from Jan Brussel's 5/27/2011, expert report. Signed by Magistrate Judge Nancy J. Koppe on 6/4/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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COPPER SANDS HOMEOWNERS
ASSOCIATION, INC., et al.,

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Plaintiff(s),
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vs.
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COPPER SANDS REALTY, LLC,
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Defendant(s).
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Case No. 2:10-cv-00510-GMN-NJK
ORDER GRANTING MOTION TO
STRIKE
(Docket No. 678)

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Pending before the Court is Defendant Cannon Management’s motion to strike. Docket No. 678.

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The Court finds the motion properly decided without oral argument. See Local Rule 78-2. Defendant

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argues that Jan Brussel’s May 27, 2011, expert report improperly includes $1,621,193.54 in electrical

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costs. See id. at 5 (discussing Section 18). Plaintiffs responded to the motion by indicating that they

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do not intend to seek those damages from Defendant and agree that electrical items can be removed from

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the report. Docket No. 691 at 2. As Plaintiffs do not dispute the relief sought, the Court hereby

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GRANTS the motion to strike Section 18 from Jan Brussel’s May 27, 2011, expert report.1

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IT IS SO ORDERED.

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DATED: June 4, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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Plaintiffs sought leave to substitute the objectionable report with a new one that removes
Section 18. See Docket No. 691 at 2-3. Defendant objects to the substitute report on the grounds that it
removes Section 18 but also includes new information. See Docket No. 697. The Court declines to
expend judicial resources on such a dispute. The Court has ordered that Section 18 must be stricken,
which is all that is properly before the Court. The parties must comply with that order.