Weisshaus v. The Port Authority of New York and New Jersey et al

Filing 189

ORDER: It is hereby ORDERED that Plaintiff's request to present a rebuttal expert is granted upon the condition that the Court determines such witness is an expert qualified to explain, repel, counteract, or disprove evidence presented by Elizabeth McCarthy during her deposition on April 20, 2023; it is further ORDERED that Plaintiff shall provide the Court and the Port Authority with a written expert report that complies with the requirements of Federal Rule of Civil Procedure 26(a )(2)(B), along with any proposed expert rebuttal testimony offered in addition to what is included in the aforementioned report, by no later than Friday, July 21, 2023; and it is further ORDERED that the Court will reserve decision on the Port Auth ority's request for leave to permit the parties to amend their respective motions for summary judgment until after Plaintiff's request for a rebuttal expert has been resolved. (Signed by Judge Richard K. Eaton, U.S.D.J., by Designation on 6/6/2023) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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YOEL WEISSHAUS,
Plaintiff,
-against-

11 Civ. 6616 (RKE)
ORDER

PORT AUTHORITY OF NEW YORK
AND NEW JERSEY,
Defendant.
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ORDER

The Court hereby amends its order of May 22, 2023, ECF No. 188, ruling on Plaintiff’s
letter motion for discovery and submission of a rebuttal expert, ECF No. 187, to now read as
follows:
It is hereby
ORDERED that Plaintiff’s request to present a rebuttal expert is granted upon the
condition that the Court determines such witness is an expert qualified to explain, repel, counteract,
or disprove evidence presented by Elizabeth McCarthy during her deposition on April 20, 2023; it
is further
ORDERED that Plaintiff shall provide the Court and the Port Authority with a written
expert report that complies with the requirements of Federal Rule of Civil Procedure 26(a)(2)(B),
along with any proposed expert rebuttal testimony offered in addition to what is included in the
aforementioned report, by no later than Friday, July 21, 2023; and it is further
ORDERED that the Court will reserve decision on the Port Authority’s request for leave

Court No. 11-6616

Page 2

to permit the parties to amend their respective motions for summary judgment until after Plaintiff’s
request for a rebuttal expert has been resolved.

Dated: June 6, 2023
New York, New York

/s/ Richard K. Eaton
U.S.D.J., by Designation