Opinion
MDL DOCKET NO. 875
02-29-2012
In re: ASBESTOS PRODUCTS LIABILITY LITIGATION (No. IV) BENJAMIN HILL CARTER, JR. v. FIBERBOARD CORP., et al.
Consolidated Under
E.D. PA Civil Action No.
09-cv-74351
This ruling applies to all of the cases in which Dr. Millette has been offered as a "rebuttal" expert as identified in Exhibit "A."
Transferor Court: S.D. Georgia 91-00164
AND NOW, this 28 day of February, 2012, upon consideration of the pleadings and the record herein, and after review of the Report and Recommendation of M. Faith Angell, United States Magistrate Judge, it is hereby ORDERED that:
Defendant CSX Transportation's Motion to Strike the Rebuttal Expert Report of Dr. James Millette [See Docket #23] is GRANTED. This expert report fails to directly rebut the Defendant's experts and Plaintiffs have presented no justification for a delayed expert report.
BY THE COURT:
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EDUARDO C. ROBRENO, J.