Opinion
CIVIL ACTION No. 01-5775
January 20, 2004
MEMORANDUM/ORDER
Pending before the court is defendant Radio Systems Corporation's ("RSC's") Motion to Postpone the Hearing to Exclude Plaintiff's Expert's Testimony (Docket # 87). In the motion, RSC seeks to exclude the testimony of plaintiff Out-A-Sight Pet Containment, Inc.'s ("Out-A-Sight's") expert witness, Stephen J. Scherf, on the grounds that Out-A-Sight has untimely submitted Mr. Scherf's revised expert report to the defendants. To the extent that RSC's motion seeks exclusion of Mr. Scherf's testimony, the motion is denied without prejudice.
Alternatively, RSC requests a postponement of the scheduled hearing on its anticipated future motion to exclude Mr. Scherf's testimony. In response to this motion, and with the participation of all parties, on January 8, 2004, I issued an amended order (Docket # 86) postponing the hearing from March 2, 2004, to April 14, 2004. To the extent RSC's motion sought postponement of the previously scheduled hearing, the motion is granted.
Accordingly, it is hereby ORDERED that RSC's motion is DENIED IN PART and GRANTED IN PART.