Silicon Knights, Inc. v. Epic Games, Inc.

Filing 686

ORDER denying without prejudice 618 Motion in Limine. Signed by Chief Judge James C. Dever III on 10/27/11. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:07·CV·275·D

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SILICON KNIGHTS, INC.,
Plaintiff,
v.
EPIC GAMES, INC.,
Defendant.

ORDER

On July 8, 2011, Silicon Knights ("SK" or "plaintiff') filed a motion in limine to preclude
experts from rendering opinions not already given in their reports or deposition testimony [D.E.
618]. On July 15, 2011, Epic Games, Inc. ("Epic" or "defendant") responded [D.E. 628]. On July
22, 2011, SK replied [D.E. 659]. As explained below, the court denies SK's motion.
Essentially, SK's motion requests that this court enforce Federal Rules of Civil Procedure
26 and 37, and issue an order preventing experts from rendering any new opinions. However, SK's
motion does not allege that any expert has actually rendered new opinions since the close of
discovery. 1 Moreover, SK concedes that neither party has attempted to supplement any expert report
in over a year. Mot. to Preclude 2. Instead, SK's motion is based on the speculative assertion that
"experts could have completed significantly more work and formed several more opinions" since
the close of discovery. Id.3.
The court will enforce Federal Rules ofCivil Procedure 26 and 37, which govern the timing
and disclosure of expert opinions.

See,~,

Carr v. Deeds, 453 F .3d 594, 601-{)5 (4th Cir. 2006);

S. States Rack & Fixture. Inc. v. Sherwin·Williams Co., 318 F.3d 592, 595-98 (4th Cir. 2003). At

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Order'').

All expert discovery was to be completed by June 4,2010. See [D.E. 492] ("Scheduling

this juncture, neither party alleges that any expert witness has attempted to render previously
undisclosed opinions in violation of Rule 26. Accordingly, SK's motion is premature.
SK's motion in limine to preclude experts from rendering opinions not already given in their
reports or deposition testimony [D.E. 618] is DENIED WITHOUT PREJUDICE.
SO ORDERED. This.n day of October 2011.

fuk"'~\1~

iSC.DEVERm
ChiefUnited States District Judge

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