ORDER ON PLAINTIFFS' MOTION TO EXCLUDE POST-DEPOSITION TESTING BY DR. PERL
HORNBY, District Judge.
Following the close of discovery, the defendants commissioned their expert, Dr. Perl, to do further testing. The plaintiffs have moved to preclude use of these new tests and any testimony based upon them.
Because the trial had been significantly delayed, I did not automatically exclude the new testing on grounds of lateness or prejudice because I concluded...
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