Savani v. Washington Safety Management Solutions LLC et al

Filing 301

ORDER granting 271 Motion to Strike Plaintiffs' Expert Report of Marsha Shelburn. Signed by Honorable J Michelle Childs on 11/19/2013.(asni, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
NOORALI “SAM” SAVANI, individually
and on behalf of others similarly situated,

)
)
) Civil Action No.: 1:06-cv-02805-JMC
Plaintiff,
)
v.
)
)
URS PROFESSIONAL SOLUTIONS, )
LLC, et al.,
)
)
Defendants,
)
___________________________________ )
ORDER GRANTING IN PART DEFENDANTS’ MOTION TO STRIKE
PLAINTIFFS’ EXPERT REPORT OF MARSHA SHELBURN
UPON CONSIDERATION OF Defendants URS Professional Solutions, LLC et al.
(“Defendants”) Motion to Strike Plaintiffs’ Expert Report of Marsha Shelburn (“Motion”) and
the entire record in this case, it is this 19th day of November, 2013 ordered and, by and with the
consent of counsel this Court finds and concludes:
Plaintiff’s Expert Marsha Shelburn has opined on three areas of damages:
(1) the value of supplemental benefits currently owed to certain members of the Class
(both the Primary Class and the Subclass) who are currently eligible under the terms of Section
4.12(a) of the Plan;
(2) the present value of future supplemental benefits that may be paid to such Class
members as a result of reinstatement of Section 4.12(a) in the Plan; and
(3) the expected value of the “lost opportunity” to elect early retirement for those Class
members who are not owed any benefits under Section 4.12(a) because they did not elect early
retirement from active service or have not done so yet.

With regard to the benefits currently owed Class members (both members of the Primary
Class and the Subclass), the Parties are in agreement as to those damage amounts and, therefore,
the expert opinion is unnecessary. Accordingly the Parties agree that Ms. Shelburn’s Report and
all exhibits relating to those opinions may be stricken.
With regard to the present value of future supplemental benefits, the Parties are in
agreement that those future supplemental benefits are not currently owed. Such present value of
future supplemental benefits may, however, be relevant to this Court’s evaluation of Class
Counsel’s request for attorney fees. By agreement of the Parties, Defendants’ Motion to Strike is
denied with regard to those limited opinions regarding the present value of future supplemental
benefits, and Ms. Shelburn’s Report may be used solely for the limited purpose of evaluating
Class Counsel’s request for attorney fees.
With regard to Ms. Shelburn’s opinions regarding the expected value of “lost
opportunity” to elect early retirement for those Class members who are not owed any benefits
under Section 4.12(a), Plaintiffs have withdrawn their Motion to Amend to assert claims in this
regard (Doc. No. 251) and any such claims remain outside the scope of the claims adjudicated
herein. According, Defendants’ Motion to Strike regarding those opinions is granted.
IT IS SO ORDERED.

United States District Judge
November 19, 2013
Greenville, South Carolina

-2-