Aircraft Fueling Systems, Inc. v. Southwest Airlines, Co.

Filing 217

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 191 Motion for Discovery (jcm, Dpty Clk)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
AIRCRAFT FUELING SYSTEMS, INC.,
PLAINTIFF,
vs.
SOUTHWEST AIRLINES, CO.,
DEFENDANT.

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CASE NO. 08-CV-414-GKF-FHM

OPINION AND ORDER
Plaintiff’s Motion for Order Granting Leave to Depose Defendant’s Expert [Dkt.
191] is before the Court for decision. Defendant has filed a response [Dkt. 209]. No
reply has been filed by Plaintiff.
Plaintiff seeks to take the deposition of Defendant’s expert after the discovery
deadline. Plaintiff acknowledges it received the expert report on May 18, 2009 and the
amended expert report on February 21, 2011, and did not request the expert’s
deposition before the discovery deadline. Plaintiff argues that it should be allowed to
depose the expert because Defendant produced documents after the discovery
deadline. Plaintiff, however, does not explain how any of the documents produced after
the discovery deadline relate to the expert or his opinions.
Defendant responds that its expert has not reviewed any of the discovery
produced after the discovery deadline.
The Court finds that Plaintiff has failed to establish that Defendant’s production
of documents after the discovery deadline has any bearing on the evidence to be
offered by Defendant’s expert. The expert has not reviewed the documents and
Plaintiff has not explained how the documents relate to the expert’s opinions.

Plaintiff’s Motion for Order Granting Leave to Depose Defendant’s Expert [Dkt.
191] is DENIED.
SO ORDERED this 17th day of November, 2011.

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