Filed: Mar. 18, 2020
Latest Update: Mar. 18, 2020
Summary: Stipulation and Order Regarding Withdrawal of Plaintiffs' and Counter-Defendant's Response to Enterprise Leasing Company-West, LLC's Motion to Strike Initial Expert Disclosureand Report of Retained Expert Michael Rosenfield Pursuant to Fed. R. Civ. P. 37(c)(1) CAM FERENBACH , Magistrate Judge . All parties, by and through their respective, undersigned counsel of record, hereby stipulate and agree that Plaintiffs' and Counter-Defendant Krishnaben Jariwala's Response (ECF No. 88) to Defendant
Summary: Stipulation and Order Regarding Withdrawal of Plaintiffs' and Counter-Defendant's Response to Enterprise Leasing Company-West, LLC's Motion to Strike Initial Expert Disclosureand Report of Retained Expert Michael Rosenfield Pursuant to Fed. R. Civ. P. 37(c)(1) CAM FERENBACH , Magistrate Judge . All parties, by and through their respective, undersigned counsel of record, hereby stipulate and agree that Plaintiffs' and Counter-Defendant Krishnaben Jariwala's Response (ECF No. 88) to Defendant ..
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Stipulation and Order Regarding Withdrawal of Plaintiffs' and Counter-Defendant's Response to Enterprise Leasing Company-West, LLC's Motion to Strike Initial Expert Disclosureand Report of Retained Expert Michael Rosenfield Pursuant to Fed. R. Civ. P. 37(c)(1)
CAM FERENBACH, Magistrate Judge.
All parties, by and through their respective, undersigned counsel of record, hereby stipulate and agree that Plaintiffs' and Counter-Defendant Krishnaben Jariwala's Response (ECF No. 88) to Defendant Enterprise Leasing Company-West, LLC's ("Enterprise") Motion to Strike Initial Expert Disclosure and Report of Retained Expert Michael Rosenfield Pursuant to FRCP 37(c)(1) (ECF No. 80) shall be withdrawn.
The parties further stipulate and agree that as a result of the aforesaid withdrawal of Plaintiffs' and Counter-Defendant's Response, Enterprise's Motion to Strike shall be granted, and the following sanctions shall issue:
(a) Michael Rosenfield's report, dated December 17, 2019, shall be stricken;
(b) Plaintiffs' and Counter-Defendant's Disclosure, dated December 17, 2019, as it relates to Michael Rosenfield's proposed testimony, shall be stricken; and
(c) Michael Rosenfield will be barred from testifying at trial.
The parties further stipulate and agree that no further sanctions shall issue secondary to the withdrawal of Plaintiffs' and Counter-Defendant's Response to Enterprise's Motion to Strike.
The parties further stipulate and agree that the (telephonic) hearing on Enterprise's Motion to Strike, currently set for March 18, 2020 at 11:00 a.m., may be vacated subject to the Court's discretion. If, due to the timing of the instant stipulation or otherwise, the Court mandates the parties' appearances at said hearing, the parties will so appear. Alternatively, if the instant stipulation and proposed order is not received and/or executed by the Court in advance of said hearing, the parties will appear and put the stipulated terms on the record.
ORDER
Pursuant to the foregoing stipulated terms, and good cause appearing therefor, Defendant Enterprise Leasing Company-West, LLC's ("Enterprise") Motion to Strike Initial Expert Disclosure and Report of Retained Expert Michael Rosenfield Pursuant to FRCP 37(c)(1) (ECF No. 80) is hereby GRANTED. As a result, the Court imposes the following sanctions:
(a) Michael Rosenfield's report, dated December 17, 2019, is hereby stricken;
(b) Plaintiffs' and Counter-Defendant's Disclosure, dated December 17, 2019, as it relates to Michael Rosenfield's proposed testimony, is hereby stricken; and
(c) Michael Rosenfield will be barred from testifying at trial.
IT IS SO ORDERED.
