Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jonathan Sorrell v. Kel-Tec Cnc Industries

August 2, 2011

JONATHAN SORRELL,
PLAINTIFF,
v.
KEL-TEC CNC INDUSTRIES, INC.,
DEFENDANT.



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

(Documents 45, 46, 63)

I. Introduction

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 Kellgren.

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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.