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Greenwood Land Company v. Omnicare

March 29, 2013

GREENWOOD LAND COMPANY, PLAINTIFF,
v.
OMNICARE, INC., NCS HEALTHCARE OF NEW YORK, INC., AND OMNICARE OF NEW YORK, ) LLC, DEFENDANTS



The opinion of the court was delivered by: David Stewart Cercone United States District Judge

MEMORANDUM ORDER

AND NOW, this 29th day of March, 2013, upon due consideration of defendants' motion to exclude plaintiff's expert witnesses and the parties' submissions in conjunction therewith, IT IS ORDERED that [97] the motion be, and the same hereby is, granted in part and denied in part. The motion is granted to the extent it seeks to (1) have plaintiff comply with the identification and disclosure requirements in Federal Rule of Civil Procedure 26(a)(2) without delay and (2) pursue any follow-up discovery as to these witnesses that is not unreasonably cumulative or duplicative within the meaning of Rule 26(b)(2)(C)(i). The motion is denied in all other aspects.

Defendants' motion seeks to exclude the testimony of four witnesses that were first identified in plaintiff's pretrial statement. Plaintiff's pretrial statement identified these witnesses as follows:

A representative of First General Services of Western Pa., Inc.

712 Spearman Avenue

Farrell, PA 16121 (724) 981-3132

This witness is expected to testify that, after the property was left by Defendants, the building was inspected by First General Services of Western Pa., Inc., for the purpose of effecting repairs. An estimate for such repairs was provided to Plaintiff amounting to $694,738.21. (Same was attached to the Complaint.) This witness is expected to testify that such repairs were reasonable and necessary to remedy the damages done and the charges set forth in the estimate were fair and reasonable for such work.

A representative of Sharon Paving & Construction Co., Inc.

100 Canal Street

Sharpsville, PA 16150 (724) 962-7811

This witness is expected to testify that, after the property was left by Defendants, the parking lot was inspected by Sharon Paving & Construction Co., Inc., for the purpose of effecting repairs. An estimate for such repairs was provided to Plaintiff amounting to $59,250. (Same was provided in discovery.) This witness is expected to testify that such repairs were reasonable and necessary to remedy the damages done and the charges set forth in the estimate were fair and reasonable for such work.

Richard G. English & Associates, Inc.

Appraisers, Analysts, and Consultants 191 East ...


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