The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER REGARDING DEFENDANT'S MOTION TO STRIKE EXPERT DISCLOSURES
ORDER REGARDING DEFENDANT'S MOTION FOR SANCTIONS
ORDER VACATING ORDER TO SHOW CAUSE
On June 27, 2011, Kel-Tec CNC Industries, Inc., (hereinafter "Kel-Tec" or "Defendant") filed a Motion for Sanctions based on Jonathan Sorrell's, (hereinafter, "Plaintiff") failure to follow this Court's previous discovery orders. (Doc. 46). Plaintiff filed an opposition on July 15, 2011 (Docs. 49 and 50). Defendant filed a reply on July 22, 2011. (Docs. 53 and 54).
On June 27, 2011, Defendant also filed a Motion to Strike Portions of Plaintiff's Expert Disclosures based on Plaintiff's lack of compliance with Fed. R. Fed. P. 26. (Doc. 46). On July 15, 2011, Plaintiff filed an opposition. (Doc. 48). Defendant filed a reply on July 22, 2011. (Docs 51 & 52).
A hearing was held on July 29, 2011 regarding both motions. Stuart
Chandler personally appeared on behalf of Plaintiff. Edwin Brondo
appeared via telephone and Mandy Jeffcoach personally appeared on
behalf of Defendant. The parties met and conferred and resolved all
but one of the issues via stipulation. This Court has adopted the
parties stipulation filed on July 29,
2011. (Doc. 65 and 66). Moreover, upon a review of the pleadings and
the arguments presented at the hearing, the Court GRANTS Defendant's
Motion to Strike Plaintiff's expert disclosure of Mr. George
II. Plaintiff's Disclosure of George Kellgren as a Non Retained Expert
The sole issue remaining in this case is whether Plaintiff's expert disclosure of George Kellgren, the owner and Chief Engineer of Kel-Tech is proper. Defendant contends that this designation is deficient because the disclosure was not in compliance with Fed. R. Civ. P. 26(a)(2)(C) which provides as follows
Witnesses Who Do Not Provide a Written Report. Unless otherwise stipulated or ordered by the court, if the witness is not required to provide a written report, this disclosure must state:
(i) the subject matter on which the witness is expected to present evidence under Federal Rule of Evidence 702, 203, or 705; and
(ii) a summary of the facts and opinions to which these witnesses are ...