United States District Court, N.D. Indiana, Hammond Division
APEX COLORS, INC. Plaintiff,
CHEMWORLD INTERNATIONAL LIMITED, INC., CHEMWORLD INTERNATIONAL LIMITED, LLC, ATUL MODI, MANOJ MODI, and PAUL BYKOWSKI, Defendants.
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE
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.
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.
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
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.
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).
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 ...