United States District Court, E.D. Pennsylvania
January 20, 2004.
OUT-A-SIGHT PET CONTAINMENT, INC., Plaintiff
RADIO SYSTEMS CORPORATION, RADIO FENCE DISTRIBUTORS, INC., and LORI VOLWILER, Defendants
The opinion of the court was delivered by: LOUIS POLLAK, Senior District Judge
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
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
Accordingly, it is hereby ORDERED that RSC's motion is DENIED IN PART
and GRANTED IN PART.
© 1992-2004 VersusLaw Inc.