Free Memorandum - District Court of Arizona - Arizona

l LAw 0¤=r=1cEs i
Dovuz BERMAN
2 GALLENSTEIN, P.C. E
3300 Nom:-1 CENTRAL AvENuE, Sums 1600
3 PHOENIX, ARIZONA 85012-2524
(602) 240-6711 TELEPHONE NUMBER
4 (602) 240-6951 FACSIMILE NUMBER )
[email protected]
5 ARIZONA BAR NUMBER William H. Doyle, #007285
Gary L. Popham, Jr., #022260
6 ATTORNEYS FOR Defendant Market Finders Insurance Corporation
7 UNITED STATES DISTRICT COURT
8 DISTRICT OF ARIZONA

9 SCOTTSDALE INSURANCE No. CV04-l 18-PHX-SMM
10 COMPANY, an Ohio corporation, ‘
DEFENDANT MARKET FINDERS
11 Plaintiff, INSURANCE CORPORATION’S i
SUPPLEMENTAL MEMORANDUM §]
12 vs. IN SUPPORT OF ITS MOTION TO
STRIKE PLAINTIFF’S EXPERT OR,
13 MARKET F INDERS INSURANCE IN THE ALTERNATIVE, {
CORPORATION, a Kentucky DEFENDANT’S MOTION TO Q
14 corporation, EXTEND DEFENDANT’S EXPERT
DEADLINE E
1 5 Defendant. ig
16 _, (Assigned to the Honorable
17 Stephen M. McNamee)
18 On January 29, 2007, Defendant Market Finders filed with this Court a motion to
19 strike Plaintiff Scottsdale Insurance Company’s expert disclosure and to preclude Plaintiff
20 from calling expert(s) to testify at trial based upon Plaintiff s failure to comply with Rule
21 26(a)(2), Federal Rules of Civil Procedure, and this Court’s Order, dated November 16,
22 2006. Defendant Market Finders, by and through the undersigned counsel, hereby submits
23 this supplemental memorandum in support of its prior motion to strike.
24 Following the filing to Defendant’s motion to strike, Plaintiff` s Notice of Service of
25 First Supplemental Preliminary Expert Disclosure Statement was filed with the Court during i
26 the late afternoon of January 29, 2007. Yesterday, February l, 2007, undersigned counsel
Case 2:O4—cv—OO118-SIVIIVI Document 94 Filed O2/O2/2007 Page 1 of 3 _

1 for Defendant received Plaintiff s First Supplemental Preliminary Expert Disclosure
2 Statement, a copy of which is attached hereto at Exhibit C ("Ex. C"). Although Plaintiff s
3 supplemental disclosure includes additional information about what Plaintiffs purported
4 experts are expect to testify, Plaintiff s First Supplemental Preliminary Expert Disclosure V
5 Statement does not comply with Rule 26(a)(2), Federal Rules of Civil Procedure, or this .
6 Court’s prior Order. Again, beyond the name of each purported expert, there is no disclosure
7 of the qualifications of each expert. The "opinions" now disclosed are general and, with it
8 respect to Mr. Crowe, apparently not "a complete statement of all opinions to be expressed"
9 as Plaintiff s disclosure indicates that Mr. Crowe will testify to "related issues." There is no
10 disclosure of the basis and reasons for the "opinions" disclosed. There is no disclosure of
11 the exhibits upon which each expert is relying in support of his "opinions." Pursuant to the
12 Court’s November 16, 2006 Order, Plaintiff s disclosure was due no later January 15 , 2007.
13 As Plaintiff s disclosure does not comply with the Court’s prior Order or with Rule 26(a)(2), gp
14 Plaintiff s expert disclosure should be stricken and Plaintiff should be precluded from calling
15 expert(s) to testify at trial.
16 DATED this 2nd day of February, 2007.
17 if DOYLE BERMAN GALLENSTEIN, P.C.
1 8
19 By;/s/ Gary L. Popham, Jr.
William H. Doyle
20 Gary L. Popham, Jr.
3300 N. Central Ave, #1600
21 Phoenix, Arizona 85012-2524
Attorney for Defendant Market Finders
22 Insurance Corporation
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24 Q
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1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 2nd day of February, 2007, I electronically transmitted the
attached documents to the c1erk’s office using the CM/ECF system for filing and transmittal
3 of a notice of electric filing to the following CM/ECF registrants:
4 Kathleen L. Beiermeister
MEAGHER & GEER, P.L.L.P.
5 8800 North Gainey Center Drive ?
Suite 261
6 Scottsdale, Arizona 85258 ,
Attorneys for Plaintiff ’
7 ;.
8
I hereby certify that on the 5th day of February, 2007, I served the attached document by
9 mail/hand-delivery on the following who are not participants of the CM/ECF system:
10 Honorable Stephen M. McNamee
401 West Washington Q
11 Phoenix, Arizona 85003
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13 By _/s/ LaDranda T. Boudwine_
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J:\EDSISS\DOCS\PAUL\980\PLEAD\D44577 WPD 3 Finalized Fcbruaiy 2, 2007
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