STIPULATED MOTION AND ORDER WITHDRAWING PLAINTIFF'S MOTION IN LIMINE REGARDING EXPERT SUPPLEMENTAL REPORT AND AGREEMENT FOR PAYMENT OF COSTS AND RELATED MATTERS

RICARDO S. MARTINEZ, Chief District Judge.

I. STIPULATED MOTION

The parties hereto, plaintiffs, CERTAIN UNDERWRITERS at LLOYD'S, LONDON, Subscribing to Policies Numbered 8029663, 8001778, 8071754, 8072492, 8072737, and 8071620, and defendant Jeff Pettit, by and through their respective counsel, in order to resolve a discovery dispute over a late production of a Supplemental Report by defendant Jeff Pettit's expert Mike Fitz, do jointly stipulate that plaintiffs will withdraw their Motion In Limine to Strike Defendant's Untimely Expert Report of Mike Fitz, set for consideration on October 19, 2018, in consideration for plaintiffs' striking their motion, defendant will make Mike Fitz available for deposition on Wednesday October 17, 2018, which deposition will be limited to the information in and opinions expressed by Mr. Fitz in his Supplemental Report. Additionally defendant agrees to pay FIVE THOUSAND DOLLARS ($5,000.00) to the trust account of Nicoll Black and & Feig, PLLC, and pay the court reporter fee for the original expedited deposition transcript of Mr. Fitz's deposition. Defendant also agrees that Mr. Fitz will not offer any opinions concerning the operation of the fire suppression system on the IN DECENT SEAS or its impact on the fire propagation of the fire of February 21, 2014 at trial in this matter. There will be no other or further restrictions on the opinions expressed by Mr. Fitz in his Supplemental Report dated September 17, 2018, and plaintiffs withdraw their objections to the photographs taken by Mr. Fitz, and produced by defendant in his Eleventh Supplemental Response to Discovery dated September 18, 2018. Additionally, plaintiffs, at their own expense, may request their expert Paul Way to prepare a rebuttal report which shall be produced to defendant no later than October 24, 2018. Defendant has the option to depose Mr. Way on October 26, 2018.

IT IS SO STIPULATED THROUGH COUNSEL OF RECORD

ORDER

Pursuant to the above stipulations, the Court hereby orders that:

(1) Plaintiff's Motion In Limine to Strike Defendant's Untimely Expert Report of Mike Fitz, set for consideration on October 19, 2018, is hereby stricken from the court calendar;

(2) Defendant shall pay FIVE THOUSAND DOLLARS ($5,000.00) to the trust account of Nicoll Black and & Feig, PLLC;

(3) Mike Fitz shall appear for deposition on October 17, 2018, for a deposition limited to the facts and opinions expressed in the Supplemental Report dated September 17, 2018;

(4) Defendant shall pay the court reporter fee for the original expedited deposition transcript of Mr. Fitz's deposition of October 17, 2018;

(5) Mike Fitz will not offer any opinions concerning the operation of the fire suppression system on the IN DECENT SEAS or its impact on the fire/propagation of the fire of February 21, 2014 at trial in this matter;

(6) Plaintiffs will not object to the admission of the photographs relied on by Mr. Fitz in the Supplemental Report dated September 17, 2018, or the additional photos produced by defendant on September 18, 2018 and plaintiffs will need move for any restriction on the opinions of Mr. Fitz other than specified herein;

(7) Plaintiffs, at their own expense, may request their expert Paul Way to prepare a rebuttal report which shall be produced to defendant no later than October 24, 2018. Defendant has the option to depose Mr. Way on October 26, 2018 concerning that rebuttal report if any.