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Apex Colors Inc. v. Chemworld International Limited, Inc.

United States District Court, N.D. Indiana, Hammond Division

July 2, 2018

APEX COLORS, INC. Plaintiff,
v.
CHEMWORLD INTERNATIONAL LIMITED, INC., CHEMWORLD INTERNATIONAL LIMITED, LLC, ATUL MODI, MANOJ MODI, and PAUL BYKOWSKI, Defendants.

          OPINION AND ORDER

          PAUL R. CHERRY MAGISTRATE JUDGE

         This matter is before the Court on Defendants' Motion to Prohibit Andrew Garrett from Offering Expert Testimony on the Issue of Defendant Chemworld's Email and/or Data Spoliation [DE 610], filed by Defendants Chemworld International Limited, Atul Modi, and Manoj Modi (collectively “Chemworld”) on April 30, 2018. Plaintiff Apex Colors, Inc. (“Apex”) filed a response on May 25, 2018. Chemworld did not filed a reply.

         This matter is also before the Court on Defendants' Second Motion to Prohibit Andrew Garrett from Offering Expert Testimony on the Issue of Defendant Chemworld's Email and/or Data Spoliation [DE 640], filed by Chemworld on June 5, 2018. Apex filed its response on June 19, 2018, and Chemworld filed a reply brief on June 26, 2018.

         1. Procedural Background

         On September 22, 2017, the Court reset certain case management deadlines, extending the deadline for “expert reports” to October 20, 2017, and the deadline for “rebuttal reports” to December 22, 2017. These deadlines applied to both parties equally. See (ECF 535, 539).

         On October 30, 2017, Apex served the expert report of Jerry Saperstein pursuant to Federal Rule of Civil Procedure 26(a)(2)(B). On December 30, 2017, Chemworld served the rebuttal expert report of Jared Sikorski in response to Mr. Saperstein's expert report.

         On January 2, 2018, counsel for Apex emailed counsel for Chemworld, in part, to ask for a supplement from Mr. Sikorski. (ECF 641, Ex. C). On January 5, 2018, Chemworld served the requested supplement and asked to coordinate the experts' depositions. (ECF 641, Ex. D).

         On February 27, 2018, the Court held a telephonic hearing on Chemworld's motion to extend deadlines. (ECF 572). At the hearing, the following exchange took place:

THE COURT: All right. Then I need to reset deadlines for expert disclosures apparently, and rebuttal reports, and to close expert discovery.
ATTORNEY PATRICK McEUEN: Your Honor, this is Patrick McEuen. I believe we have exchanged all of our expert reports. We just have not completed discovery. And I don't know that we want to leave additional expert discovery or disclosure open. I don't know. I'd have to hear from the plaintiff on that.
THE COURT: Is it done?
ATTORNEY JOHANNA RAIMOND: We might -- we might do a rebuttal to the report that we received from your expert. So if we are going to have dates we would, you know, like to have those.
ATTORNEY PATRICK McEUEN: To designate an additional ESI ...

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