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Wechsler v. Hunt Health Systems Ltd.

Expert report only need include a list of expert's publications and in which cases expert testified.

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Judge Leisure

WECHSLER v. HUNT HEALTH SYSTEMS, LTD. — Plaintiff Raymond H. Wechsler, the administrative trustee overseeing the assets of Towers Financial Corporation (“Towers”),1 brings the underlying action against Hunt Health Systems, Ltd. (“Hunt Health”) and affiliated entities for alleged breach of contract and fraudulent conveyance in connection with the parties’ factoring agreements. Defendants have submitted letters to the Court regarding the inadequacy of the expert report submitted by plaintiff’s expert, Andrew Prague, and the inadequacy of the papers submitted by plaintiff in connection with Prague’s testimony, pursuant to Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure. Defendants request that the Court order plaintiff: (1) to serve a complete expert report prepared and signed by the expert witness which complies with the requirement of Rule 26(a)(2)(B); (2) to serve supplemental responses to defendants’ first and second interrogatories; (3) to produce Mr. Prague for deposition prior to defendants’ service of a rebuttal report; and (4) preclude plaintiff’s submission of a “reply” to defendants’ rebuttal expert report. In response, plaintiff maintains that the expert report does meet the requirements of Rule 26(a)(2)(B), as do the submission of additional documents accompanying that report, and that defendant has unduly delayed his submission of a rebuttal report, which was required to have been submitted within 30 days after the plaintiff’s disclosure of the expert report on November 18, 2002, approximately three months ago. Accordingly, plaintiff has requested that the Court impose a deadline for the filing of any such rebuttal report, and set a schedule for the remaining items of expert discovery and the submission of a joint pre-trial order. The Court will address these requests in seriatim.

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