Spectrum Dynamics Medical Limited v. General Electric Company et al

Filing 832

ORDER: As discussed at the December 12, 2023 pre-motion conference and as further set forth on the record, Spectrum's motion under Federal Rule of Civil Procedure 37 to preclude Defendants' reliance on Mr. Levy's opinion because i t was not timely disclosed as an expert opinion is DENIED. Spectrum is permitted to depose Mr. Levy as to the basis of the opinion provided by Mr. Levy and relied upon by Defendants' damages expert in the expert report. Any such deposition m ust be limited to one hour and must occur by Tuesday, January 16, 2024. This Order does not preclude Spectrum from challenging Defendants' expert report under Daubert or to argue (at the appropriate time) that Mr. Levy's opinion is not an admissible lay opinion. SO ORDERED. ( Deposition due by 1/16/2024.) (Signed by Magistrate Judge Katharine H. Parker on 12/13/2023) (vfr)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 12/13/2023 SPECTRUM DYNAMICS MEDICAL LIMITED, ORDER Plaintiff, 18-CV-11386 (VSB) (KHP) -againstGE HEALTHCARE TECHNOLOGIES, INC. et al., Defendants. KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE As discussed at the December 12, 2023 pre-motion conference and as further set forth on the record, Spectrum’s motion under Federal Rule of Civil Procedure 37 to preclude Defendants’ reliance on Mr. Levy’s opinion because it was not timely disclosed as an expert opinion is DENIED. Spectrum is permitted to depose Mr. Levy as to the basis of the opinion provided by Mr. Levy and relied upon by Defendants’ damages expert in the expert report. Any such deposition must be limited to one hour and must occur by Tuesday, January 16, 2024. This Order does not preclude Spectrum from challenging Defendants’ expert report under Daubert or to argue (at the appropriate time) that Mr. Levy’s opinion is not an admissible lay opinion. SO ORDERED. Dated: December 13, 2023 New York, NY __________________________________ KATHARINE H. PARKER United States Magistrate Judge

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