Nolen Scott Ely, et al v. Cabot Oil & Gas Corporation and Gassearch Drilling Services Corproation
Filing
721
MEMORANDUM ORDER re: 688 request by the Plaintiffs to exclude some findings and test results reported by a defense expert witness, Dr. Tarek Saba. The Plaintiffs request to exclude this evidence is DISMISSED as moot. Signed by Magistrate Judge Martin C. Carlson on February 29, 2016. (kjn)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NOLEN SCOTT ELY, et al.,
Plaintiffs
v.
CABOT OIL & GAS CORP.,
Defendant
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Civil No. 3:09-CV-2284
(Magistrate Judge Carlson)
MEMORANDUM ORDER
In this litigation we now address a request by the Plaintiffs (Doc. 688.) to
exclude some findings and test results reported by a defense expert witness, Dr.
Tarek Saba in a supplemental report submitted by the Defendant to the Plaintiffs
some seven months ago, in June 2015. This supplemental report was prepared at a
time when we had extended expert witness discovery deadlines, and incorporated
findings by the witness analyzing data collected between the expiration of the
original 2013 fact discovery deadline in the lawsuit, and the extended expert
witness discovery deadline authorized by the Court the request of the parties in the
summer of 2015.
We find that there was absolutely nothing inappropriate about the data
analysis undertaken by Dr. Saba. In fact, we note that when we extended the
expert witness discovery deadlines, all parties plainly understood that they could
collect and analyze data obtained after the original 2013 fact discovery deadline
had passed. In fact, the Plaintiffs attempted to take advantage of this discovery
extension to collect additional data within this extended 2015 expert witness
discovery deadline, but were frustrated in those efforts by flawed sample
collections procedures. But for those sample collection flaws, the Plaintiffs would
have themselves been able to present data obtained during this extended expert
discovery deadline in the same way as Dr. Saba’s analysis.
Yet, while we find that there was nothing inappropriate about this conduct
by Dr. Saba, which provided updated expert analyses in accordance with a Courtordered schedule months prior to trial, we also note that the Defendant has
voluntarily agreed to forego presentation of this information. (Doc. 708, pp2-3.)
Given this concession, the Plaintiffs’ request to exclude this evidence is
DISMISSED as moot.
So ordered this 29th day of February, 2016.
S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge
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