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Danny Laster v. Black and Decker Inc. and Home the Expert Depot Inc

January 16, 2013

DANNY LASTER,
PLAINTIFF,
v.
BLACK AND DECKER INC. AND HOME THE EXPERT DEPOT INC.,
DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTION TO EXCLUDE EXPERT OPINIONS ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF DISCOVERY DEADLINES (Documents 18, 21 and 23)

INTRODUCTION

On January 2, 2013, Defendants Black and Decker Inc. and Home Depot U.S.A. Inc. ("Defendants") filed a Motion to Exclude Plaintiff, Danny Lester's ("Plaintiff") Expert Opinions. (Doc. 18). Defendant filed a Motion to Hear the Matter on Shortened Time. (Doc. 22).

On January 4, 2013, Plaintiff filed on opposition to Defendants' Motion, as well as a Motion for a Thirty Day Extension of Time for the Filing of Expert Witness Discovery ( "Motion for Extension of Time"). (Docs. 21 and 24). Plaintiff also filed a Motion to Hear the Matter on Shortened Time which the Court granted. (Doc. 22 and 26). On January 7, 2013, Defendants filed an opposition to Plaintiff's Motion for Extension of Time. (Doc. 25). The hearings for both motions were to be held on January 11, 2013, at 9:30. (Docs. 20 and 26).

On January 8, 2013, the Court determined that the matters were suitable for decision without oral argument and the hearings were vacated. (Doc. 26). The Court has considered all of the pleadings in both matters. Upon a review, Defendants' Motion to Exclude the Expert Opinions is DENIED. Plaintiff's Motion to Extend the Filing fo Expert Witness Discovery is GRANTED.

BACKGROUND

This is a products liability/design defect action in which Plaintiff was injured while using a 1701 TYI Black and Decker 10' Milter Saw on July 10, 2009. This case was removed by Defendants on December 19, 2011. (Doc. 1). On February 23, 2012, this Court issued its first scheduling order setting forth various deadlines in this case. (Doc. 11). Pursuant to that order, expert disclosures were due November 1, 2012.

On October 4, 2012, the parties filed a stipulation to expend non-expert discovery, as well as the expert discovery deadline. (Doc. 12). The Court declined to adopt this stipulation. (Doc. 13). The parties submitted an amended stipulation, which the Court adopted in part on October 12, 2012. (Doc. 15). In the stipulation, the parties agreed on the following schedule

Disclosure of Plaintiff's Experts: December 14, 2012 Deposition of Plaintiff's Experts: no later than December 31, 2012

Disclosure of Defendant's Experts: January 18, 2013 Deposition of Defendant's Experts no later than January 31, 2013

Expert Discovery February 22, 2013

Pretrial Motions March 1, 2013

Hearing on Pretrial Motions ...


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