Sullivan, Amy v. Flora, Inc. et al

Filing 117

ORDER granting in part and denying in part 116 Motion for Modification of Revised Scheduling Order. Signed by District Judge William M. Conley on 12/16/2016. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

AMY LEE SULLIVAN d/b/a DESIGN KIT,

Plaintiff,

ORDER

v.
15-cv-298-wmc
FLORA, INC.,
Defendant.
Before the court is plaintiff Amy Sullivan’s motion for modification of the revised
scheduling order (dkt. #116), which is GRANTED IN PART AND DENIED IN PART. The
court held a hearing on the motion at which the parties appeared by counsel. For the reasons
explained on the record, plaintiff’s request to extend the deadline for supplementing her Rule
26(a)(1)(A)(iii) disclosures is GRANTED. That deadline is extended until January 16, 2017. To
ameliorate any prejudice to defendant Flora, its deadline for disclosing its damages expert also is
extended to March 15, 2017. In order to accommodate depositions of defendant’s expert, the
discovery cutoff is also extended to March 30, 2017.
Plaintiff’s request to submit a rebuttal expert report, however, is DENIED without
prejudice to plaintiff seeking leave to address any “evidence and assertions not previously seen
by Amy Sullivan’s experts.” (Pl.’s Mot. (dkt. #116) 2.) As the court explained, plaintiff may
also move to strike some of all of defendant’s expert report for failure to disclose any requested
damages evidence and/or move for sanctions. Plaintiff is cautioned, however, to ensure that her
expert report as the proponent -- the party who bears the burden of demonstrating damages -covers all areas necessary for her to prove her damages request.
Entered this 16th day of December, 2016.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge