Providence Piers, LLC v. SMM New England, Inc. et al

Filing 157

ORDER granting in part and denying in part 133 Motion to Strike ; adopting 154 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 2/23/2016. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
SMM NEW ENGLAND, INC.,
)
)
Defendant.
)
___________________________________)
PROVIDENCE PIERS, LLC,

C.A. No. 12-532 S

ORDER
WILLIAM E. SMITH, Chief Judge.
On February 2, 2016, United States Magistrate Judge Patricia
A. Sullivan issued a Report and Recommendation (“R&R”) in the
above-captioned

matter.

(ECF

No.

154.)

The

R&R

recommends

granting in part and denying in part Defendant SMM New England
Corporation’s Motion to Strike the August 25, 2015, Report of
Plaintiff’s Expert, Robert Tuomanen (“Tuomanen Report II”).
No. 133.)

(ECF

Specifically, the R&R found that “the motion to strike

the portion of Tuomanen Report II that amounts to an improper
rebuttal should be granted, while the motion to strike the portion
of

the

Report

that

constitutes

shredded pile should be denied.”

a

morphology

analysis

of

the

(R&R 11, ECF No. 154.)

No

objections to the R&R were filed, and the time for doing so has
passed.

Furthermore, in a letter to Magistrate Judge Sullivan,

dated February 19, 2016, Plaintiff indicated its agreement to

comply with the R&R’s recommendation and strike the portion of
Tournanen Report II that is based on scrap metal testing in
rebuttal to Defendant’s expert.
Accordingly,

the

Court

hereby

accepts

objection pursuant to 28 U.S.C. § 636(b)(1).

the

R&R

without

The R&R is hereby

ADOPTED, and Defendant SMM New England Corporation’s Motion to
Strike Tuomanen Report II (ECF No. 133) is GRANTED in PART and
DENIED IN PART in accordance with the R&R.

IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: February 23, 2016