Gary R. Prince Revocable Trust et al v. Blackwell et al

Filing 81

ORDER: The Motion to Exclude Testimony of Plaintiffs' Expert Witness, Ed Neely 32 is Denied. The Plaintiff did not comply with the rules, but no irreparable damage has resulted. As a sanction for such violation, the Plaintiff will pay for any further deposition of Ed Neely as well as a transcript thereof. Defendant shall have 30 days after the entry of this Order to designate an expert and otherwise comply with Rule 26 of the Federal Rules of Civil Procedure. The trial date previously set is cancelled and the case re-referred to Magistrate Judge Griffin for further case management. A new trial date will be set by separate Order. In addition, Blackwell Defendants' Motion in Limine to Exclude Testimony of Plaintiffs' Expert Ed Neely, 43 , is Denied. Signed by Senior Judge Thomas Wiseman on 8/11/10. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

GARY R. PRINCE REVOCABLE TRUST, et al., Plaintiffs, v. CHARLES BLACKWELL, et al., Defendants.

) ) ) ) ) ) ) ) ) )

3:09-cv-00475 Judge Thomas A. Wiseman, Jr.

ORDER The Motion to Exclude Testimony of Plaintiffs' Expert Witness, Ed Neely, by Defendant DBS & Associates Engineering of Clarksville, Inc., Document #32, is DENIED. The Plaintiff did not comply with the rules, but no irreparable damage has resulted. As a sanction for such violation, the Plaintiff will pay for any further deposition of Ed Neely as well as a transcript thereof. Defendant shall have 30 days after the entry of this Order to designate an expert and otherwise comply with Rule 26 of the Federal Rules of Civil Procedure. The trial date previously set is cancelled and the case re-referred to Magistrate Judge Griffin for further case management. A new trial date will be set by separate Order. In addition, Blackwell Defendants' Motion in Limine to Exclude Testimony of Plaintiffs' Expert Ed Neely, Document #43, is DENIED. IT IS SO ORDERED.

Thomas A. Wiseman, Jr. Senior U.S. District Judge