Case Information
*1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SOURCE PRODUCTION & CIVIL ACTION EQUIPMENT CO., INC., ASPECT TECHNOLOGY LIMITED, NO. 16-17528 SPECMED, LLC, SPEC MED INTELLECTUAL PROPERTY, LLC SECTION M (1) AND SPEC INTELLECTUAL PROPERTY, LLC
VERSUS
KEVEN J. SCHEHR, ISOFLEX USA,
ISOFLEX RADIOACTIVE LLC,
RICHARD H. MCKANNAY, JR., AND
JOHN DOES 1-10
ORDER & REASONS
Before the Court is a motion in limine filed by defendants Kevin Schehr (“Schehr”) and Isoflex USA (“IUSA”) (collectively “Defendants”) seeking to exclude the testimony of plaintiffs’ expert Troy Hedger (“Hedger”), arguing that Hedger’s “rebuttal” expert report was untimely produced, and that Hedger is disqualified by the protective order from testifying as an expert in this matter because he is IUSA’s competitor. [1] Plaintiffs Source Production & Equipment Co., Inc., Aspect Technology Limited, Specmed, LLC, Spec Med Intellectual Property, LLC, and Spec Intellectual Property, LLC (collectively “Plaintiffs”) respond in opposition. [2] Defendants filed a reply in further support of the motion. [3]
On April 18, 2019, in ruling on a motion to compel, the United States Magistrate Judge assigned to this matter found that Hedger is IUSA’s competitor, and thus he is prohibited by the protective order from viewing any documents designated as “Confidential” or for “Attorneys’ *2 Eyes Only.” [4] As a result, Hedger is not able to testify as an expert in this matter. [5] Having considered the parties’ memoranda, the applicable law, and the United States Magistrate Judge’s April 18, 2019 Order & Reasons, the Court finds that Defendants’ motion in limine to exclude Hedger should be granted for the reasons articulated by the United States Magistrate Judge.
Accordingly,
IT IS ORDERED that Schehr and IUSA’s motion in limine to strike Hedger’s expert testimony (R. Doc. 215) is GRANTED.
New Orleans, Louisiana, this 22 nd day of April, 2019.
________________________________ BARRY W. ASHE UNITED STATES DISTRICT JUDGE
[1] R. Doc. 215.
[2] R. Doc. 244.
[3] R. Doc. 261.
[4] R. Doc. 273.
[5] Id. 2