AVX Corporation v. Corning Glass Works, et al

Filing 149

ORDER granting 145 Joint Motion for Discovery To Designate Additional Expert and to Extend Certain Discovery Deadlines - Signed by District Judge Louise Wood Flanagan on 2/27/2018. (Tripp, S.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:15-CV-543-FL
AVX CORPORATION,

)
)
Plaintiff,
)
)
v.
)
)
CORNING INCORPORATED;
)
COMPONENTS, INCORPORATED;
)
CORNING INTERNATIONAL
)
CORPORATION; CORNING SAS;
)
CORNING LIMITED; and CORNING GMBH, )
)
Defendants.
)
__________________________________________ )

ORDER GRANTING JOINT MOTION TO DESIGNATE ADDITIONAL EXPERT
AND TO EXTEND CERTAIN DISCOVERY DEADLINES
This matter is before the Court upon the parties’ Joint Motion to Designate Additional
Expert and to Extend Certain Discovery Deadlines (the “Motion”).
For good cause shown, it is therefore ORDERED that the Motion is GRANTED as
follows:
1.

The parties are permitted to designate one additional expert witness to opine

regarding the compound specific isotope analysis (“CSIA”) of samples taken at the Property that
is the subject of this lawsuit described in the October 27, 2017 Investigation Work Plan
Addendum (“Addendum”). (Dkt. No. 115-2) The parties’ CSIA Expert opinions shall be
limited to the CSIA and any additional analysis for VOCs described in the Addendum
undertaken on groundwater samples taken at the Property pursuant to the Addendum and shall
provide no additional opinions.

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2.

The parties shall designate their CSIA Expert and serve a report from the CSIA

Expert, and serve their updated expert analysis by previously designated experts, as to the
additional sampling and not to any prior opinions by March 5, 2018.
3.

The parties are permitted to take depositions of parties’ respective experts (the

CSIA Experts, David Duncklee, Jay Bennett, Richard Royer and Thomas Hutto) and the two lay
witnesses, Dennis Oldland and Larry Blue, on or before March 30, 2018.
4.

The parties are permitted until March 5, 2018 to resolve or declare an impasse

regarding pending discovery disputes.
AND IT IS SO ORDERED.
______________________________
Louise W. Flanagan
United States District Judge
February 27
_________________, 2018

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