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Estate of Jerry L. Byler v. Alaskan Leader

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA


June 13, 2011

ESTATE OF JERRY L. BYLER, PLAINTIFF,
v.
ALASKAN LEADER, OFFICIAL NO. 558697, ITS ENGINES, MACHINERY, APPURTENANCES, ETC., IN REM, AND
ALASKAN ADVENTURE TOURS, INC., IN PERSONAM DOCKET 172 DEFENDANTS,
CITY AND BOROUGH OF YAKUTAT, INTERVENOR.

The opinion of the court was delivered by: John D. Roberts United States Magistrate Judge

ORDER GRANTING MOTION TO STRIKE EXPERT WITNESSES

Intervenor, CBY, filed a Motion To Strike Expert Witnesses at Docket 172. The Estate filed it's Opposition at Docket 180 and CBY filed it's Reply at Docket 186. CBY seeks to strike the Estate's late-noticed experts as the time to file notice of expert witnesses and reports lapsed on March 2, 2011. The court held the Motion in abeyance and granted, in part, the Plaintiff's request to extend the time for discovery.*fn1

The original deadline for expert disclosures was March 2, 2011. Plaintiff filed notice of two experts on March 25. The notice was not accompanied by any reports (which were also due on March 2, 2011). The Plaintiff filed a Motion to Extend Time for Discovery seeking time to further investigate whether the experts, Douglas S. Lacey and Alfred L. Johnson, would be needed to testify at trial. This Motion was denied except that the court allowed the Plaintiff to have an extension only for the purpose of producing expert reports.*fn2

The deadline for the Plaintiff to submit expert reports was June 10, 2011, three months after the date the reports were originally due. That date has passed. The Estate did not file any reports. In accordance with the Order at Docket 191, CBY's Motion is HEREBY GRANTED. Accordingly, Douglas S. Lacey and Alfred L. Johnson are stricken from the Plaintiff's witness list and shall not be called as experts at trial.

IT IS SO ORDERED.

John D. Roberts


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