This quarter, Western District Chief Judge Frank P. Geraci Jr. analyzed whether a declaration submitted in support of plaintiff’s motion for summary judgment constituted undisclosed and untimely expert testimony in denying plaintiff’s motion for summary judgment. Meanwhile, Senior District Judge David G. Larimer dismissed a medical malpractice complaint that started in village court and ended up on his docket. He analyzed the claim even though plaintiff did not respond to the motion to dismiss.

Motion To Strike Undisclosed Expert Testimony

In Edelmann v. Keuka College, No. 16-CV-6293, 2019 U.S. Dist. LEXIS 137536 (W.D.N.Y. Aug. 14, 2019), plaintiff moved for summary judgment on his wage-and-hour claim against his former employer, defendant Keuka College. Defendant then moved to strike a declaration plaintiff submitted in support of his motion on reply, alleging the declaration was testimony by an undisclosed expert. Plaintiff then filed a cross-motion to re-open expert discovery. The court noted that the parties’ “narrow dispute” was whether plaintiff’s position was exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) by virtue of his job duties and resolved all three motions in this decision.