The opinion of the court was delivered by: Honorable Maxine M. Chesney
ORDER APPROVING JOINT STIPULATION TO TAKE HEARING DATE OFF CALENDER PENDING OBJECTION TO DISCOVERY ORDER
4th Am. Com. Filed: March 23, 2007
Expert Disc.Cut-Off: February 26, 2008
Trial: TBA Hearing Date: April 25, 2008
To all Parties and their Attorneys of record and this Honorable Court:
Plaintiff Pacific Information Resources ("Pacific"), Defendants Airon Corporation, Lavon Gasparian, Alexei Borisov (the "Airon Defendants"), as well as Defendants Paretologic, Inc., Adrian Pereira, Elton Pereira, and Jason-Leo Carvalho, Peter and Renee Dunbar (the "Paretologic/Dunbar Defendants"), by and through their Counsel hereby stipulate as follows:
1. The Airon Defendants, the Paretologic/Dunbar Defendants, and Plaintiff Pacific have all filed Cross-Motions for Summary Judgment/Partial Summary Judgment. The briefing schedule for these cross-motions was set by the Court at the status conference held on February 8, 2008. See Docket Entry #214. These cross-motions are set to be heard on April 25, 2008 at 9:00 a.m. The briefing on these motions is not yet completed. See Id.
2. During the status conference on February 8, 2008 in this matter, counsel for the Paretologic/Dunbar Defendants raised the issue whether Plaintiff Pacific had improperly filed a rebuttal expert report, as to those Defendants. The Court instructed the parties to take this matter before Magistrate Judge Zimmerman. The parties have done so, and after briefing, Judge Zimmerman issued an Order on March 28, 2008 striking Plaintiff's January 29, 2008 Expert Rebuttal Reports concerning the Paretologic/Dunbar Defendants.
3. The opinions and data stricken by the Order include evidence that has been filed with respect to the pending Motions set to be heard on April 25th.
4. Plaintiff Pacific desires an opportunity, under FRCP 72, to have this Court consider an Objection to Judge Zimmerman's March 28, 2008 Order, and to have it decided before briefing is completed on the pending cross-motions.
5. The defendants also wish to have this issue resolved, so they will know the scope of the evidence the Court will consider in the pending cross-motions prior to having to complete their respective briefings.
6. In addition, depending on this Court's ruling on the Objection, the parties may need to have other issues with respect to expert reports resolved, either by agreement or, if necessary, by further determination by Judge Zimmerman.
7. As such, the parties respectfully request that the Court take the pending cross- motions for summary judgment/partial summary judgment by Plaintiff Pacific, the Paretologic/Dunbar ...