Opinion
Civil Action No. 03-3426.
June 14, 2004
ORDER AND OPINION
Plaintiff Joanne Barbine ("Barbine") has moved to exclude from trial the testimony of John Gilles, CPA, or any other expert witness defendant Keystone Quality Transport ("Keystone") plans to present at trial to testify as to its net worth. It argues that the witness was identified late and incompletely, and that Keystone has not produced an expert report as required by Fed.R.Civ.Pr. 26(a)(2).
The history of assets discovery in this case is somewhat complex. It is sufficient to explain that all assets discovery in this case has, with the Court's permission, taken place after the formal close of discovery. Accordingly, Keystone cannot be precluded from identifying an expert witness on this subject after the passing of the discovery deadline.
Nevertheless, Keystone must comply with the requirements of Rule 26(a)(2)(c) to the best of its ability, despite the foreshortened time available. Keystone must identify its expert witness by name, address and telephone number within five days of the date of this Order. Within ten days of the date of this Order, Keystone must supply a written report prepared and signed by its witness, as described in Rule 26(a)(2)(B). Barbine may depose this witness at any time up until the date of his or her testimony at trial.
ORDER
AND NOW, this 14th day of June, 2004, upon consideration of Barbine's Motion for Sanctions for Failure to Comply with F.R.C.P. 26(a)(2), docketed in this case as Document No. 68, and Keystone's response, docketed in this case as Document No. 76, it is herebyORDERED that the motion is GRANTED IN PART AND DENIED IN PART. It is further ORDERED that Keystone shall identify its expert witness on assets within five days of the date of this Order, and shall serve upon Barbine an expert report within ten days of the date of this Order, and that Barbine may depose Keystone's expert witness at any time up until the date of his or her testimony at trial.