Opinion
Civil Action No. 11-cv-01380-RBJ-BNB
03-20-2013
Honorable R. Brooke Jackson
MINUTE ORDER
Entered by Judge R. Brooke Jackson
Defendant's Unopposed Motion to Modify Scheduling Order to Extend Rebuttal Expert Deadline [Docket #54] is denied. On November 6, 2012 the Court directed counsel jointly to contact Chambers and set a trial and trial preparation conference to occur no later than September 2013. See Docket #52. Counsel have not complied. The Court is not willing to entertain your requests for scheduling modifications until you comply with the Court's requests. Also, with respect to defendant's motion to exclude the expert opinions of Steven A. Norwood [#53], defendant represents that the parties agreed to rely on the expert testimony and reports introduced in the underlying arbitration. Id. at 3-4. If so, then the Court wants plaintiff either to withdraw the expert or provide a very compelling explanation as to why it has chosen not to abide the agreement. If there was no such agreement, then the Court will want to hear from the defendants as to why they inserted that in their brief.