Pagan v. The City of New York et al

Filing 89

Minute Entry and Order for proceedings held before Chief Mag. Judge Roanne L. Mann on 9/28/17. Defendants' motion for sanctions and to strike plaintiff's expert reports 83 is granted in limited part only. The Court concurs with defense counsel that the conduct and statements of plaintiff's counsel raise serious ethical issues and misled the Court and defense counsel as to his intentions. Nevertheless, given the fact that defendants will have sufficient time to serve expert d isclosures responsive to the reports of plaintiff's two new experts, the Court concludes that precluding plaintiff from proffering expert opinions, on account of her attorneys' derelictions would be unduly harsh. Instead, the Court invites defense counsel to move for monetary sanctions, to be imposed on plaintiff's counsel but not passed onto plaintiff, for the time spent addressing plaintiff's failure to timely serve her expert disclosures. Plaintiff is directed to serve, by October 2, 2017, all information pertaining to the two experts that is required under Rule 26. Plaintiff will not be permitted to serve expert disclosures for a cellphone data retrieval expert. (Proujansky, Josh)