Free Motion to Strike - District Court of Delaware - Delaware

Case 1 :04-cv-00320-SLR Document 66 Filed O1/30/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MELVERT WASHINGTON, JR. :
Plaintiff,
: C.A. No. 04~320 (SLR)
v. :
AUTOZONERS, INC., a Nevada corporation,
Defendant.
PLAINTIFF MELVERT WASHINGTON’S MOTION TO STRIKE DEFENDANT
AUTOZONE’S MOTION IN LIMINE AS TO PLAINTIFFS ECONOMIC EXPERT
1. On May 19, 2004, Rlaintiff tiled this action against his former employer, AutoZone,
alleging, mg; ag, that AntoZone retaliated against hirn and created a hostile work environment
because of his race.
2. On January 3, 2005, the Court entered a Scheduling Order containing a July 22, 2005
n discovery deadline and a Daubert motion deadline of August 22, 2005. (D1. 25-1).
l 3. On June 22, 2005, Plaintiff filed a motion to extent the deadline for opening expert
reports to July 13, 2005 and rebuttal reports to August 15, 2005 (DI. 37), which was granted on
June 29, 2005. (D.I. 37—1).
0 4. On July 13, 2005, Rlaintiff tendered his timely and proper economic expert; report to
Defendant.
5. Defendant did not identify a rebuttal expert or submit a rebuttal report.
6. On January 23, 2008, nearly two and a half years after the Daubert motion deadline,
Defendant, as part of its Motion in Limine, moved to strike Plaintiff s economic expert on
Daubert grounds ("Defendant’s Daubert Motion"). (D1. 58 and 59).

Case 1:04-cv-00320-SLR Document 66 Filed O1/30/2008 Page 2 of 2
7. Defendant’s Daubert Motion is time barred. As such, Plaintiff respectfully requests
l that Defendant’s Daubert Motion be stricken.
8. Piaintiff subrnits this Motion without prejudice to respond to Defendant’s Daubert
Motion if ordered by the Court. In the event the Court is inclined to hear the merits of
Defendants Daubert Motion, Plaintiff respectfully requests that the Court set a schedule for
Daubert briefing and a hearing. Plaintiff notes that his economic expert is out of town on
February 6, 2008, and, thus, is unable to give testimony at the pre—trial conference scheduled for
that day.
WHEREFORE, Plaintiff respectfully requests that the Court enter an Order (i) striking
Defendant’s Daubert Motion; and (ii) granting such further relief as the Court deems just and
proper.
Respectfully submitted,
PHILLIPS, GOLDMAN & SPENCE, PA.
-•¤n!.,'..“"`f
cse J. arnan, IH (#3945)
1200 N. Broom St.
E Wilmington, DE 19806
{ TEL: (302) 655—4200
{ [email protected]
and
Thomas J. Reed (admitted Pro Hoc Vice)
Widener University School of Law
Delaware Volunteer Legal Services, Inc.
Veterans Assistance Program
4601 Concord Pike
P.O. Box 7474
Wilmington, DE 198030474
Date: January 30, 2008

Case 1:04-cv-00320-SLR

Document 66

Filed 01/30/2008

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Case 1:04-cv-00320-SLR

Document 66

Filed 01/30/2008

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