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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

H. JULIAN HILL, et ux., Case No. 08-14969

Plaintiffs, Marianne O. Battani

vs. United States District Judge

U.S. AIRWAYS, et al., Michael Hluchaniuk

United States Magistrate Judge

Defendants.

 /

ORDER ON MOTION TO STRIKE PLAINTIFFS’ EXPERT

WITNESSES AND TO QUASH DEPOSITIONS (Dkt. 25)

Defendants filed a motion to strike plaintiffs’ expert witnesses, a motion to

quash plaintiffs’ notices to depose defendants’ expert witnesses, and for sanctions. 

(Dkt. 25). This motion was referred to the undersigned by District Judge Marianne

O. Battani for hearing and determination. (Dkt. 26). Plaintiffs filed a response on

September 18, 2009 and defendants filed a reply on October 2, 2009. (Dkt. 30,

32). A telephone hearing was held on October 14, 2009. 

According to the amended scheduling order issued on June 12, 2009,

discovery closed on August 21, 2009. (Dkt. 13). According to the original

scheduling order, plaintiffs’ expert disclosures were due on May 29, 2009 and

defendants’ expert disclosures were due on June 12, 2009. (Dkt. 7). Plaintiffs did

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not identify any expert witnesses by the court-imposed deadline, while defendants

filed an expert witness list by the court-imposed deadline. (Dkt. 14). Neither

party, however, prepared or exchanged expert witness disclosures as contemplated

by Rule 26(a)(2). At that hearing, and as reflected in the parties joint statement of

resolved and unresolved issues, the parties agreed that if the deadline for expert

witness discovery were extended, their other disputes could be resolved and that no

sanctions were warranted. Specifically, the parties agreed that plaintiffs would

provide a supplemental response to Interrogatory No. 24 by October 24, 2009;

plaintiffs would produce their experts for deposition by December 14, 2009;

defendants would produce their experts for deposition by January 15, 2009; and

the parties also agreed that defendants’ motion for protective order was granted,

quashing plaintiffs’ August 14, 2009 notices of deposition. 

Based on the foregoing, the Court ORDERS that the parties must comply

with the above referenced agreed on deadlines and must complete all expert

witness discovery by January 15, 2010. The Court also GRANTS defendants’

motion for protective order, quashing plaintiffs’ August 14, 2009 notices of

deposition. Further, the parties may file motions to compel regarding any timely

served discovery requests.

IT IS SO ORDERED.

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The parties to this action may object to and seek review of this Order, but are

required to file any objections within 10 days of service as provided for in 28

U.S.C. § 636(b)(1) and Local Rule 72.1(d)(2). A party may not assign as error any

defect in this Order to which timely objection was not made. Fed.R.Civ.P. 72(a). 

Any objections are required to specify the part of the Order to which the party

objects and state the basis of the objection. Pursuant to Local Rule 72.1(d)(2),

objections must be served on this Magistrate Judge.

s/Michael Hluchaniuk 

Date: October 23, 2009 Michael Hluchaniuk

United States Magistrate Judge

CERTIFICATE OF SERVICE

I certify that on October 23, 2009, I electronically filed the foregoing paper

with the Clerk of the Court using the ECF system, which will send electronic

notification to the following: Leland Prince, Leland Prince, and David R. Baxter.

s/James P. Peltier 

Case Manager

U.S. District Court

600 Church Street

Flint, MI 48502

(810) 341-7850

pete_peltier@mied.uscourts.gov

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