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OUT-A-SIGHT PET CONTAINMENT v. RADIO SYSTEMS CORPORATION

United States District Court, E.D. Pennsylvania


January 20, 2004.

OUT-A-SIGHT PET CONTAINMENT, INC., Plaintiff
v.
RADIO SYSTEMS CORPORATION, RADIO FENCE DISTRIBUTORS, INC., and LORI VOLWILER, Defendants

The opinion of the court was delivered by: LOUIS POLLAK, Senior District Judge

MEMORANDUM/ORDER

Pending before the court is defendant Radio Systems Corporation's ("RSC's") Motion to Postpone the Hearing to Exclude Plaintiff's Expert's Testimony (Docket # 87). In the motion, RSC seeks to exclude the testimony of plaintiff Out-A-Sight Pet Containment, Inc.'s ("Out-A-Sight's") expert witness, Stephen J. Scherf, on the grounds that Out-A-Sight has untimely submitted Mr. Scherf's revised expert report to the defendants. To the extent that RSC's motion seeks exclusion of Mr. Scherf's testimony, the motion is denied without prejudice.

Alternatively, RSC requests a postponement of the scheduled hearing on its Page 2 anticipated future motion to exclude Mr. Scherf's testimony. In response to this motion, and with the participation of all parties, on January 8, 2004, I issued an amended order (Docket # 86) postponing the hearing from March 2, 2004, to April 14, 2004. To the extent RSC's motion sought postponement of the previously scheduled hearing, the motion is granted.

  Accordingly, it is hereby ORDERED that RSC's motion is DENIED IN PART and GRANTED IN PART.

20040120

© 1992-2004 VersusLaw Inc.



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