Euphoric, LLC; The Sourze, LLC; and UNIKC, LLC v. Westport Community Improvement District, A Non-Profit Missouri Corporation; et al.

Summary

The United States District Court for the Western District of Missouri grants motions concerning extensions of expert-designation deadlines in light of a forthcoming amended scheduling order. The Court denies as moot a motion to designate experts before serving Rule 26(a)(2)(B) reports and denies without prejudice a motion to exclude portions of an expert report concerning certain plaintiffs. The Court also denies as moot a motion to amend briefing and orders counsel Cecilia J. Brown to show cause why sanctions should not be imposed for inaccurate, incomplete, and misleading legal citations.

Holdings

1. The parties' motions to extend expert-designation deadlines were granted because the procedural posture, including the filing of a Third Amended Complaint and anticipated amended scheduling order, warranted revisiting the expert and discovery deadlines.
2. The Sourze's motion to designate experts before serving the required reports was denied as moot.
3. Westport Development's motion to exclude portions of Comer's report and anticipated testimony concerning Euphoric and UNIKC was denied without prejudice as premature because those plaintiffs had not yet sought to use the evidence on a motion, at a hearing, or at trial.
4. The Sourze's motion for leave to file an amended or corrected opposition brief was denied as moot.
5. Counsel Cecilia J. Brown was ordered to show cause why sanctions should not be imposed under Rule 11, 28 U.S.C. § 1927, and the court's inherent authority based on inaccurate, incomplete, and misleading citations and assertions in recent filings.

Questions Presented

1. Whether the parties' expert-designation deadlines should be extended.
2. Whether The Sourze could designate experts before serving the required Rule 26(a)(2)(B) reports.
3. Whether portions of Brandon L. Comer's expert report concerning Euphoric and UNIKC should be excluded under Rule 37(c)(1).
4. Whether The Sourze should be allowed to amend its opposition brief to correct citation inaccuracies.
5. Whether counsel Cecilia J. Brown should be ordered to show cause why sanctions should not be imposed for inaccurate, incomplete, and misleading citations.

Disposition

other