Opinion
Case No. 2:11-cv-15630
09-26-2012
DARRELL HARDENBURG, Plaintiff, v. DUNHAM'S ATHLEISURE CORPORATION, Defendant.
Honorable Lawrence P. Zatkoff
OPINION AND ORDER
At a session of said Court held in the United States
Courthouse in the City of Port Huron, Michigan
PRESENT: Hon. Lawrence P. Zatkoff
United States District Court Judge
I. INTRODUCTION
This matter is before the Court on Defendant's Emergency Motion Regarding Expert Discovery [dkt 20]. The parties have fully briefed the Motion. The Court finds that the facts and legal arguments are adequately presented in the parties' papers such that the decision process would not be significantly aided by oral argument. Therefore, pursuant to E.D. Mich. L.R. 7.1(f)(2), it is hereby ORDERED that the Motion be resolved on the briefs submitted. For the reasons set forth below, Defendant's Motion is GRANTED.
II. BACKGROUND
On March 8, 2012, named counsel for the parties attended the scheduling conference for the above matter in Port Huron, Michigan. Pursuant to the Scheduling Order [dkt 10], the discovery cut-off date was September 18, 2012. Dispositive motions, if any, are to be filed by October 9, 2012.
III. ANALYSIS
Defendant's Motion requests that the Court allow any expert discovery to be conducted subsequent to the Court's ruling on any dispositive motions, if filed. Defendant's counsel, in fact, made the same request during the March 8, 2012, scheduling conference, to which the Court suggested that the parties submit a stipulated order. At no time during the scheduling conference did Plaintiff's counsel offer an objection to such an order. Moreover, the Court's notes from the scheduling conference include the following: "? [defense] atty. wants expert deps. AFTER dispositive motions—I agreed." (emphasis in original).
The Court GRANTS Defendant's Motion for the reasons set forth in Defendant's briefs and the Court's scheduling conference notes, which reflect not only that Defendant requested the exact relief stated in the present Motion but also that the Court, during the scheduling conference, indicated that it would agree to Defendant's request.
IV. CONCLUSION
Accordingly, for the reasons set forth above, IT IS HEREBY ORDERED that Defendant's Emergency Motion Regarding Expert Testimony [dkt 20] be GRANTED.
IT IS SO ORDERED.
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Hon. Lawrence P. Zatkoff
U.S. District Judge