Opinion
C.A. No. 06C-01-208-BEN.
August 6, 2010.
George T. Lees, III, Esq., Rawle Henderson LLP, Wilmington, DE.
Dawn C. Doherty, Esq., Marks, O'Neill, O'Brien Courtney, P.C., Wilmington, DE.
Kevin J. Connors, Esq., Marshall, Dennehey, Warner, Coleman Goggin, Wilmington, DE.
Dear Counsel:
The Court has reviewed the briefing on defendant DAP, Inc.'s and I.V.C. North, Inc.'s summary judgment motions. Plaintiff shall immediately supplement his discovery responses and advise the Court as to why plaintiff failed to identify Ms. Erikson as a product identification witness before the close of discovery. Without waiving their objections to the alleged discovery violations or impropriety and/or untimeliness of the Erikson affidavit, defendants shall have the option of deposing Ms. Erikson, and plaintiff shall make a good faith effort to secure Ms. Erikson's attendance at such deposition. Once defendants have had to opportunity to depose Ms. Erikson, the Court will hold oral argument on the outstanding summary judgment motions.
IT IS SO ORDERED.