Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Scotto v. Gorilla Ladder Co.

United States District Court, D. Arizona

November 6, 2018

Allen F. Scotto, Plaintiff,
v.
Gorilla Ladder Company, a Minnesota corporation also known as Gorilla Ladders, et al., Defendants.

          ORDER

          David G. Campbell, Senior United States District Judge.

         This case has a troubling history. The parties repeatedly have disregarded Court orders, and the Court has concluded that action is required.

         A. Case History.

         This case was removed to federal court on August 23, 2017. Doc. 1. The Court set a case management conference for October 3, 2017, and required the parties to file a Rule 26(f) report. Doc. 7. The report proposed a schedule that included Plaintiff's expert disclosures on January 12, 2018, defense expert disclosures on March 30, 2018, and rebuttal expert disclosures on May 14, 2018. Doc. 17 at 2. The Court's Case Management Order adopted this schedule. See Doc. 19 at 2.

         The order imposed some additional specific requirements. It provided this direction on the content of expert reports:

As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), expert reports under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on the dates set forth above; absent extraordinary circumstances, parties will not be permitted to supplement expert reports after these dates.

Id. at 3. The Case Management Order also stated that “The Deadlines Are Real, ” and advised the parties “that the Court intends to enforce the deadlines.” Id. at 5.

         Plaintiff did not make expert disclosures on January 12, 2018, but instead sought an extension to February 7, 2018. Doc. 26. The Court granted the extension and set the deadline for Plaintiff's expert disclosures on February 7, 2018, and for defense expert disclosures on April 25, 2018. Doc. 28. The Court specifically stated that it was “not inclined to grant further extensions to the deadlines contained in the Case Management Order absent truly extraordinary circumstances.” Id.

         Rather than file expert reports on February 7, 2018, Plaintiff sought a two-month extension to April 7, 2018. Doc. 30. Plaintiff's motion stated that “destructive testing” of the ladder in question may be necessary. Id. at 2. The motion explained that Plaintiff's counsel had been advised of the need for destructive testing on January 26, 2018. Id. at 5. The motion attached an expert affidavit stating that destructive testing likely was necessary. Doc. 30-1 at 5.

         Defendants never responded to the motion, and never sought an extension of their expert disclosure deadline of April 25, 2018. The Court granted the extension, and Plaintiff served his expert report on April 6, 2018. See Doc. 55-1.

         Defendants did not comply with their April 25, 2018 expert disclosure deadline, and never sought an extension. Indeed, when the parties exchanged motion for summary judgment letters in June 2018 - after the close of all discovery in this case - Defendants still had not produced an expert report. During a telephone conference with the Court on July 11, 2018, the parties advised the Court that Defendants' expert report was served on July 3, 2018, more than two months after the Court's deadline. Doc. 49.

         Rather than imposing sanctions at that time, the Court set a schedule to get this case through summary judgment. The Court ordered that Plaintiff serve a rebuttal expert report by July 27, 2018, and set a deadline for Defendants' motion for summary judgment of August 10, 2018. Id.

         The parties disregarded these dates. Plaintiff's expert disclosure was not made until August 20, 2018. Doc. 55 at 3. No extension for of the report deadline was sought from the Court, and the report stated that it was “preliminary, ” despite the Case Management Order's specific requirement that expert disclosures be full and complete. Doc. 19 at 3.

         Defendants disregarded the August 10, 2018 deadline for their summary judgment motion, filing it more than a month late on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.