17-CIV-01881 MARILYN DANIELS VS. ESTHER SIMONE ORENSTZAJN, ET AL.
MARILYN DANIELS ESTHER SIMONE ORENSTZAJN
SEAN P. RILEY PATRICK O’BRIEN
MOTION TO COMPEL DEPOSITION AND PRODUCTION OF DOCUMENTS OF DISCLOSED EXPERTS OR EXCLUDE TESTIMONY AT TRIAL AND REQUEST FOR SANCTIONS BY MARILYN DANIELS TENTATIVE RULING:
Plaintiff Marilyn Daniels’ unopposed Motion to Compel Defendant Esther Simone Orenstzajn to produce three of her retained expert witnesses for deposition (David Rondinone, Gary Vice and Joe Hughes) and to compel the experts to produce documents without objections and for sanctions is GRANTED-IN-PART.
The motion to compel the depositions and the production of their documents is GRANTED. As to each of the three disclosed experts, to the extent they are still retained, Defendant Orenstzajn shall produce them for deposition no later than September 28, 2018. Their documents shall be produced without objection(s) at least three days prior to the depositions. Non-compliance will result in the expert(s) being excluded from testifying at trial.
Plaintiff’s request for sanctions against Defendant Orenstzajn and her counsel, jointly and severally, is GRANTED-IN-PART in the amount of $1,860.00, for four hours of attorney time at $450.00/hr. ($1,800.00) + the $60.00 filing fees (total: $1,860.00), which shall be paid to Plaintiff within 14 days of this Order.
If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.