Lufthansa Cargo AG et al v. Total Airport Services, Inc.

Filing 92

MEMORANDUM & ORDER: Before the Court is an appeal from Magistrate Judge Mann's order granting in part and denying in part defendant Total Airport Services, Inc.'s motion for reconsideration of her prior ruling denying a motion to reopen fact discovery. I affirm Magistrate Judge Mann's ruling without qualification. Ordered by Judge Raymond J. Dearie on 11/21/2014. (Chee, Alvin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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LUFTHANSA CARGO AG, et al.,
Plaintiffs,
- against -

MEMORANDUM & ORDER
12 CV 4869 (RJD) (RLM)

TOTAL AIRPORT SERVICES, INC.,
Defendant.
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DEARIE, District Judge
Before the Court is an appeal from Magistrate Judge Roanne L. Mann's order granting in
part and denying in part defendant Total Airport Services, Inc. 's motion for reconsideration of
her prior ruling denying a motion to reopen fact discovery. Despite the fact that Magistrate
Judge Mann largely denied defendant's motion, plaintifft are apparently dissatisfied and now
appeal the portion of the order deferring until trial a ruling on the admissibility of the evidence
gathered during the September 30, 2014 aircraft inspection. In short, plaintiffs want a ruling on
admissibility now. Today, however, is not plaintiffs' day.
Plaintiffs argue that allowing defendant to introduce evidence from the aircraft inspection
will severely prejudice plaintiffs because they will not have had an opportunity to collect rebuttal
evidence or expert testimony. Notably, Magistrate Judge Mann did not rule that this evidence is
admissible. Rather, she deferred the issue of admissibility until trial so that this Court could
consider the testimony already adduced at trial in assessing the admissibility of the proof in
question. That approach makes good sense. If introduction of this evidence would be unfairly
prejudicial to plaintiffs, then, when the time comes, the Court can bar its admission as well as
any expert testimony based on it.

I affirm Magistrate Judge Mann's ruling without qualification.
SO ORDERED.
Dated: Brooklyn, New York
November 21, 2014

/s/ Judge Raymond J. Dearie

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