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All-Tag Corp. v. Checkpoint Systems, Inc.

United States District Court, S.D. Florida

October 9, 2019

All-Tag Corp., Plaintiff,
v.
Checkpoint Systems, Inc., Defendant.

          ORDER GRANTING DEFENDANT CHECKPOINT'S MOTION TO STRIKE THE SUPPLEMENTAL REPORT OF DR. GRAEME HUNTER [DE 236/239] AND MOTION TO STRIKE THE SUPPLEMENTAL REPORT OF PATRICK O'LEARY [DE 237/240]

          WILLIAM MATTHEWMAN, UNITED STATES MAGISTRATE JUDGE

         THIS CAUSE is before the Court on two motions filed by Defendant Checkpoint Systems, Inc. Both relate to the supplemental reports of two of Plaintiff All-Tag Corp.'s expert witnesses, Dr. Graeme Hunter and Patrick O'Leary. The first [DE 236/239] seeks to strike Dr. Hunter's supplemental report (the "Hunter Motion to Strike"), and the second [DE 237/240] seeks to strike Mr. O'Leary's supplemental report (the "O'Leary Motion to Strike"). These matters were referred to the undersigned by United States District Judge William P. Dimitrouleas. [DE 51]. Plaintiff responded to Defendant's motions on October 1 and 2, 2019. [DE 245/254, 246/256]. Defendant replied to Plaintiffs responses on October 7, 2019. [DE 268/272, 269/273]. Thus, this matter is ripe for review. For the reasons set forth below, the Court GRANTS both motions to strike.

         I. Background

         The history and current procedural posture of this case is important to the Court's determination of the two pending motions. This case was filed on November 17, 2017, almost two years ago. [DE 1]. On May 4, 2018, the Court entered a scheduling order setting the trial period in this case for January 6, 2020, with a discovery cutoff date of September 6, 2019. [DE 43]. On April 4, 2019, the Court entered an order [DE 104] setting the following expert disclosure deadlines:

Plaintiff s Expert Report and Disclosures June 21, 2019
Defendant's Expert Report and Disclosures June 22, 2019
Rebuttal Expert Reports August 5, 2019
Expert Discovery Cutoff September 11, 2019

         On May 18, 2018, the Court amended its prior scheduling order, keeping the same trial date and pre-trial schedule, but including a notation to reflect the correct paired magistrate judge. [DE 51]. On June 5, 2019, the Court extended the discovery cut-off from September 11, 2019, to September 18, 2019. [DE 164]. Thereafter, the parties agreed to, and the Court adopted and ordered [DE 167], the following amended expert disclosure deadlines:

Affirmative Expert Reports July 17, 2019
Completion of Depositions of All Experts August 9, 2019
Rebuttal Expert Reports August 23, 2019
Completion of Depositions of Rebuttal Experts September 18, 2019
Fact and Expert Discovery Cutoff September 18, 2019

         Thus, it is important to the Court's determination of the parties' two pending motions addressed in this Order that the expert discovery deadlines have passed, discovery is closed, substantive pre-trial motions are due October 11, 2019, Daubert motions are due 60 days before the start ...


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