Filed: Sep. 15, 2014
Latest Update: Sep. 15, 2014
Summary: ORDER BOYD N. BOLAND, Magistrate Judge. This matter arises on the following: (1) Plaintiffs' Motion to Stay Or, In the Alternative, for an Extension of Time [Doc. #25, filed 8/12/2014] (the "Motion to Stay or Extend"); (2) Defendants' Motion to Strike Untimely Expert [Doc. #28, filed 8/22/2014] (the "Motion to Strike Expert"); and (3) Plaintiffs' Motion to File Reply [Doc. #34, filed 9/14/2014] (thd "Motion to Reply"). I held a hearing on the motions this afternoon and made rulings o
Summary: ORDER BOYD N. BOLAND, Magistrate Judge. This matter arises on the following: (1) Plaintiffs' Motion to Stay Or, In the Alternative, for an Extension of Time [Doc. #25, filed 8/12/2014] (the "Motion to Stay or Extend"); (2) Defendants' Motion to Strike Untimely Expert [Doc. #28, filed 8/22/2014] (the "Motion to Strike Expert"); and (3) Plaintiffs' Motion to File Reply [Doc. #34, filed 9/14/2014] (thd "Motion to Reply"). I held a hearing on the motions this afternoon and made rulings on..
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ORDER
BOYD N. BOLAND, Magistrate Judge.
This matter arises on the following:
(1) Plaintiffs' Motion to Stay Or, In the Alternative, for an Extension of Time [Doc. #25, filed 8/12/2014] (the "Motion to Stay or Extend");
(2) Defendants' Motion to Strike Untimely Expert [Doc. #28, filed 8/22/2014] (the "Motion to Strike Expert"); and
(3) Plaintiffs' Motion to File Reply [Doc. #34, filed 9/14/2014] (thd "Motion to Reply").
I held a hearing on the motions this afternoon and made rulings on the record, which are incorporated here.
IT IS ORDERED:
(1) The Motion to Reply [Doc. #34] is GRANTED. The Clerk of the Court is directed to accept for filing the Reply [Doc. #34-1.
(2) The Motion to Stay or Extend [Doc. #25] is DENIED.
(3) The Motion to Strike Expert [Doc. #28] is DENIED. In order to cure any prejudice resulting from surprise based on the late designation of the plaintiffs' expert, the case schedule is modified to the following extent:
(a) Fact discovery is extended to and including October 10, 2014, solely to allow the defendants to depose Mr. Long after they receive responses to written discovery previously served;
(b) The defendants shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before October 29, 2014; and
(c) Expert discovery is extended to and including November 28, 2014.
