UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
February 12, 2007
FRANK H. FINKEL, ET AL., PLAINTIFF(S),
S.I. ASSOCIATES CO., INC. AND NASSAU READY MIX, DEFENDANT(S).
The opinion of the court was delivered by: Wall, Magistrate Judge
Before the court is the plaintiffs' motion for reconsideration of the January 24th order of the undersigned that held, in part, that the plaintiffs were precluded from using the testimony of individuals not previously identified in discovery in the upcoming summary judgment motions. See DE#34. The defendants oppose the motion.*fn1 For the reasons set forth herein, the motion for reconsideration is granted.
Although the plaintiffs could have handled the identification of the two witnesses - Kevin Hartery and Lawrence Arcese- more efficiently, upon reconsideration, the undersigned finds that having a complete record of the underlying facts on the motions for summary judgment takes priority, and the plaintiffs may use their testimony. The defendants, however, must have an opportunity to depose the two witnesses prior to the plaintiffs' use of their testimony. This will require a modification of Judge Wexler's briefing schedule. The undersigned, cannot, of course, modify that schedule and the parties are directed to contact Judge Wexler's chambers directly and request an extension. The depositions of the two witnesses shall be completed no later than February 28, 2007. No fees or costs are awarded.
WILLIAM D. WALL United States Magistrate Judge