Seattle Times Company v. LeatherCare, Inc.

Filing 67

MINUTE ORDER granting plaintiff's 55 Motion to Strike Rebuttal and Supplemental Report dated 6/9/2017 ; granting in part plaintiff's 55 Alternative Motion for Leave to File Supplemental Expert Reports. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SEATTLE TIMES COMPANY,

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Plaintiff,
v.
LEATHERCARE, INC., et al.,
Defendants,

C15-1901 TSZ
MINUTE ORDER

v.
TOUCHSTONE SLU LLC, et al.,
Third-Party Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
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(1)
Plaintiff’s motion, docket no. 55, to strike the Rebuttal and Supplemental
Report dated June 9, 2017, authored by defendants’ expert Pamela J. Morrill, LG, LHG,
and for sanctions is DENIED. The Court is satisfied that, except for the portions relying
on information recently learned from Jack Ross, a former employee of non-party Troy
Linen & Uniform Service, Inc. (aka Troy Laundry), Morrill’s June 2017 report is in
rebuttal to the opinions of plaintiff’s and third-party defendants’ experts. As Morrill
makes clear in the preamble of Section 3, titled “General Responses and Opinions,” such
section offers “general opinions and responses to the Seattle Times’ and Touchstone’s
expert opinions,” and it is in rebuttal to “more than one or all of the Seattle Times’ expert
opinions and reports as they generally ignored, overstated, and/or understated important
facts and issues in a similar manner.” See Ex. 10 to Kray Decl. (docket no. 56-11 at 18).
In contrast, Sections 4 through 9 of Morrill’s June 2017 report each deal specifically with
a particular expert’s opinion. See id.

(2)
Plaintiff’s alternative motion, docket no. 55, for leave to file supplemental
22 expert reports is GRANTED in part as follows. Supplemental reports relating to
interviews or depositions of designated or potential fact witnesses that were conducted
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MINUTE ORDER - 1

1 after April 12, 2017, shall be disclosed by August 9, 2017. Any rebuttal to such
supplemental reports shall be disclosed by August 25, 2017. The dispositive motions
2 filing deadline remains August 17, 2017, and the motions in limine filing deadline
remains October 5, 2017. Plaintiff’s alternative motion regarding supplemental expert
3 reports is otherwise DENIED.
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(3)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 19th day of July, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2