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Paramount Media Group, Inc. v. Village of Bellwood

United States District Court, N.D. Illinois, Eastern Division

June 10, 2015

PARAMOUNT MEDIA GROUP, INC., an Illinois corporation, Plaintiff,
v.
VILLAGE OF BELLWOOD, an Illinois municipal corporation, and IMAGE MEDIA, an Illinois corporation, Defendants.

MEMORANDUM OPINION AND ORDER

JEFFREY COLE, Magistrate Judge.

A.

Image Media has moved to bar the so-called expert rebuttal reports of Paramount Media Group's experts, Gerald Page and Rudolfo Aguilar, pursuant to Fed.R.Civ.P. 26(a)(2)(D) and 37(c)(1). It is Image Media's contention that the reports violated the agreed-upon discovery schedule entered on October 29, 2014, which required the parties to "file an agreed proposed schedule to govern expert discovery in this case by November 12, 2014, ..." [Dkt. # 124](emphasis added). Image Media also contends that the so called rebuttal reports are an "effort to overcome [the experts' previous opinions] in an effort to overcome their fundamental flaws." (Reply brief at 1, Dkt. # 177).

In the parties' agreed proposed scheduling order, the parties asked that the following deadlines be imposed:

1) December 31, 2014, for Defendants' [sic] to depose Plaintiffs previously disclosed Rule 26(a)(2) witnesses;
2) February 27, 2015, for Defendants to comply with Rule 26(a)(2);
3) April 15, 2015, for Plaintiff to depose Defendants' disclosed Rule 26(a)(2) witnesses;
4) The parties request a status date... in January after the date for concluding the depositions of Plaintiffs previously disclosed Rule 26(a)(2) witnesses.

[Dkt. #135]. The parties made no mention of any rebuttal experts.

On December 23, 2014, the following scheduling order was entered:

1) Plaintiff shall comply with Federal Rule of Civil Procedure 26(a)(2) with respect to the amended report of Gerald Page by December 31, 2014;
2) Plaintiff shall depose Plaintiff's Rule 26(a)(2) witnesses by February 15, 2015;
3) Defendants shall comply with Rule 26(a)(2) by March 27, 2015;
4) Plaintiff shall depose Defendants' disclosed Rule 26(a)(2) ...

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