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- ncmd;;1:16-cv-01377_de162 RegisterActionDate "2021-05-25" @default.
- ncmd;;1:16-cv-01377_de162 RegisterActionDescriptionText "MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 05/25/2021, that the Second Motion (Docket Entry 110 ) is GRANTED IN PART, such that (A) Plaintiff may not pursue an equitable- subrogation claim against Defendant based on or introduce evidence to support a joint-tortfeasor apportionment theory (as presented in the second part of Plaintiff's "Computation of Damages" (Docket Entry 104 -4 at 78)), and (B) must pay Defendant's reasonable expenses, including attorney's fees, caused by Plaintiff's failure to comply with the Court's order requiring Defendant to properly supplement its initial disclosure regarding its damages computation, and DENIED IN PART AS MOOT, as to the remaining requests for relief therein. FURTHER that the First Motion (Docket Entry 90 ) is DENIED AS MOOT. FURTHER that, on or before June 1, 2021, Defendant shall serve Plaintiff with a statement of the reasonable expenses, including attorney's fees, caused by Plaintiff's failure to comply with the Court's prior order requiring Plaintiff to properly supplement its initial disclosure regarding its damages computation. Failure by Defendant to comply with this order shall result in the denial of any expense-shifting. FURTHER that, on or before June 15, 2021, Plaintiff shall file EITHER (A) a notice agreeing to pay the expenses claimed by Defendant in the statement served on Plaintiff, OR (B) a memorandum of no more than five pages contesting the reasonableness of the amount of expenses claimed by Defendant, along with a certification that counsel for Plaintiff, on or before June 8, 2021, served a written summary of any objections to the reasonableness of the expenses claimed by Defendant on counsel for Defendant and that counsel for Plaintiff thereafter consulted in good faith with counsel for Defendant via telephone or in-person about those objections but the parties failed to reach agreement about the amount of Defendant's reasonable expenses. FURTHER that, on or before June 22, 2021, Defendant shall file any response of no more than five pages to any memorandum timely filed by Plaintiff. Failure by Defendant to comply with this order shall result in the denial of an award of any expenses contested by Plaintiff in its memorandum. FURTHER that, on or before June 29, 2021,Plaintiff may file any reply of no more than three pages to any response timely filed by Defendant.(Taylor, Abby) (Entered: 05/25/2021)" @default.
- ncmd;;1:16-cv-01377_de162 AdministrativeID "130" @default.
- ncmd;;1:16-cv-01377_de162 hasJudgeReference SJ004076 @default.
- ncmd;;1:16-cv-01377_de162 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de112 @default.
- ncmd;;1:16-cv-01377_de162 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de131 @default.
- ncmd;;1:16-cv-01377_de162 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de141 @default.