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Mittlefehldt v. Travelers Prop. Cas. Ins. Co.

Homeowner Is Denied Untimely Bid for Leave to Disclose Rebuttal Expert Witness

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DECISION and ORDER This case has been referred to the undersigned by the Hon. John L. Sinatra, Jr. pursuant to 28 U.S.C. §636(b)(1) for supervision of discovery and procedural matters and to hear and report upon dispositive motions. Presently before the Court is plaintiff Karl L. Mittlefehldt’s motion for leave to disclose a rebuttal expert witness. (Dkt. No. 34). For the following reasons, plaintiff’s motion is denied. BACKGROUND Karl L. Mittlefehldt (“Plaintiff” or “Mittlefehldt”) originally brought this action in New York State Supreme Court, County of Erie. Plaintiff’s complaint alleges breach of contract, as well as bad faith and unfair claim settlement practices, on the part of Travelers Property Casualty Insurance Company and Travco Insurance Company (collectively “Defendants” or “Travelers”) for failing to pay his insurance claim. (Compl., Dkt. No. 1-2). The dispute arises from a homeowners insurance policy covering a property at 48 Danbury Lane in Kenmore, New York.¹ (Id.,

5-6). Plaintiff alleges that a frozen pipe began leaking on February 1, 2019, causing extensive water damage to the house despite efforts to mitigate the losses. (Id.,

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