Wantanabe Realty Corp. v. City of New York

Full title: WANTANABE REALTY CORP., et al., Plaintiffs, v. CITY OF NEW YORK, et al.…

Court: United States District Court, S.D. New York

Date published: Sep 19, 2002

01 Civ. 10137 (LAK) (S.D.N.Y. Sep. 19, 2002)

Opinion

01 Civ. 10137 (LAK)

September 19, 2002

ORDER

LEWIS A. KAPLAN, District Judge

The City's application to preclude the use by plaintiffs of designated expert Robert S. Vecchio, Ph.D. (Goldman letter, Sept. 13, 2002), is denied on condition that Mr. Vecchio be made available to defendants for deposition no later than October 4, 2002.

Plaintiffs' vague request that the defendants be directed "to provide all materials in the hands of their experts and thereafter afford [them] the opportunity to take the depositions of those experts" (Gedan letter, Sept. 13, 2002) is denied. There has been no showing that any proper request for relevant documents in the hands of defendants' experts ever was made. In any case, plaintiffs have waited too long to seek that production. Nor, so far as the record indicates, did they notice any depositions of defendants' experts prior to the expiration of the discovery period despite the fact that defendants served expert reports well in advance of that date.

SO ORDERED.