Banks v. McGynn, Hays & Co., Inc. et al
Filing 276
ORDER denying 272 Letter Motion to Stay re: 272 FIRST LETTER MOTION to Stay re: 271 Order on Motion for Discovery,,,,,, Enforcement of Court's Discovery Order addressed to Magistrate Judge Robert W. Lehrburger from Will iam Cafaro dated September 7, 2021., 273 LETTER MOTION for Discovery In Response to Attorney Cafaro's Letter dated September 7, 2021 addressed to Magistrate Judge Robert W. Lehrburger from EDWARD WEISSMAN, ESQ. dated SEPTEMBER 8, 2 021. ; denying 273 Letter Motion for Discovery. This order resolves the issue raised by the parties in their letter applications at Dkt. 272 and 273. Plaintiff's request for a stay of the Court's September 3, 2021 order at ECF 271 is DENIED. The relief requested will cause further delay in a case that already has been unduly delayed. Expert discovery should proceed. Defendant can ask Plaintiff's expert about the redacted portion of Plaintiff expert's notes. That port ion of Plaintiff expert's report and deposition transcript will be deemed confidential and subject to filing under seal until further order of the Court. In the event that Defendant files objections to this Court's ruling regarding the r edaction, and in the event that the District Court Judge were to sustain those objections, the portion of the deposition (and of Defendant expert's report to the extent any such material is incorporated therein) will be stricken and excluded from evidence. Accordingly, Plaintiff will not incur any irreparable harm. Defendant's request to extend discovery to the end of December is DENIED. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/9/21) Copies transmitted this date to all counsel of record. (yv)
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