If my computer cooperates, we’ll have a MRGO update and a morning edition of the SLABBED Daily – but the way things went yesterday, that’s a big IF.
The first item – Minute Entry Pertains to: MRGO, RobinsonMinute Entry Pertains to: MRGO, Robinson – tells us the issue raised in the Plaintiffs’ Memorandum reported in the April 24th SLABBED Daily was settled before the end of the day it was filed (April 23):
At the close of testimony on this day, trial counsel met for a status conference concerning Plaintiffs’ Memorandum… After a full discussion concerning the parties’ positions concerning these issues and the Government’s averring that it was not its intention to contend that the LPV structures were improperly designed or did not perform as expected, Plaintiffs’ counsel asked that the memorandum be withdrawn.
Item two is brand new! However, I suspect Motion to Compel Discovery re: Reliance Materials of Defendant’s Expert Bruce Ebersole was similarly addressed after Court today.
At the heart of the current dispute is Mr. Ebersole’s failure to produce a series of calculations upon which he based his opinions. At deposition, it was pointed out to Mr. Ebersole that there was substantial concern about the validity of his calculations in “modeling” his storm surge hydrographs.
In response, Mr. Ebersole indicated that he would have to “go back and check” his calculations. (See Exhibit 1 – Ebersole Transcript…
Due to time constraints exacerbated by the United States’s steadfast refusal to expand the
time to complete Mr. Ebersole’s deposition (even though the defendant United States had refused to produce Mr. Ebersole’s reliance materials prior to the deposition), it was agreed that Mr. Ebersole would produced the calculations at issue sometime after the deposition. (See Exhibit 2 – Ebersole Transcript…)
Mr. Ebersole has failed to produce ANY of the calculations at issue.
Upon being informed of the defendant United States’s call order of witnesses at trial, Plaintiffs re-urged their request that Mr. Ebersole produce the series of calculations upon which he based his testimony. (See Exhibit 3 – Email dated Sunday, April 26, 2009).
Mr. Ebersole’s calculations have yet to be produced.
The motion then gives a recounting of the government’s failures in this regard – and that’s pretty interesting reading.
However the title of item three, Memorandum in Support of Motion for Expedited Hearing re: Motion to Compel Reliance Materials of Defendant’s Expert Bruce Ebersole is almost as long as the text of the motion – which is asking to have an expedited hearing lon the motion asking the court to compel the government to produce Ebersole’s Reliance Materials.
Somehow, I don’t think Judge Duval is going to be happy!