Somerlott v. McNeilus Truck and Manufacturing, Inc.

Filing 73

ORDER granting Defendant's 60 Motion to exclude Plaintiff's economic expert Neil Bennett as untimely disclosed; denying Plaintiff's 62 Motion for leave to designate Neil Bennet as his economic expert; denying as moot Plaintiffs' 72 surreply/motion to strike portions of Defendant's reply; denying Plaintiff's 63 Motion to Exclude William Skilling. Signed by Judge Marsha J. Pechman. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BENJAMIN SOMERLOTT,
Plaintiff,

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CASE NO. C16-789 MJP
ORDER ON MOTION RE:
ECONOMIC EXPERTS

v.
MCNEILUS TRUCK AND
MANUFACTURING INC,

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Defendant.
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The above-entitled Court, having received and reviewed:
1. Defendant’s Motion to Exclude Plaintiff’s Economic Expert (Dkt. No. 60); Plaintiff’s
Response to Motion to Strike Neil Bennett (Dkt. No. 67); Defendant’s Reply to
Plaintiff’s Response (Dkt. No. 68); and Plaintiff’s Surreply/Motion to Strike (Dkt.
No. ); Plaintiff’s Surreply to Reply (Dkt. No. 72);
2. Plaintiff’s Motion to Designate Neil Bennett (Dkt. No. 62); Plaintiff’s Motion to
Exclude William Skilling (Dkt. No. 63); Defendant’s Response to Plaintiff’s Motions

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ORDER ON MOTION RE: ECONOMIC EXPERTS - 1

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to Designate and Exclude (Dkt. No. 65); Plaintiff’s Reply to Defendant’s Response

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(Dkt. No. 69);

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all attached declarations and exhibits; and all relevant portions of the record, rules as follows:

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IT IS ORDERED that Defendant’s motion to exclude Plaintiff’s economic expert Neil

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Bennett as untimely disclosed is GRANTED, and Plaintiff’s motion for leave to designate Neil

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Bennet as his economic expert is DENIED.

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IT IS FURTHER ORDERED that Plaintiff’s surreply/motion to strike portions of
Defendant’s reply (Dkt. No. 68) is DENIED as MOOT. 1

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IT IS FURTHER ORDERED that Plaintiff’s motion to exclude William Skilling is
DENIED.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated: October 12, 2017.

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A

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Marsha J. Pechman
United States District Judge

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Defendant’s motion to exclude Plaintiff’s economic expert is granted solely on the grounds that the expert was not
timely disclosed. Other evidence cited and opinions expressed by Defendant in its briefing on the motion did not
form any part of the basis of the Court’s ruling, therefore Plaintiff’s motion to strike such evidence is moot.

ORDER ON MOTION RE: ECONOMIC EXPERTS - 2