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Thieriot v. Jaspan Schlesinger Hoffman LLP

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 30, 2010

ELIZABETH THIERIOT INDIVIDUALLY AND AS TRUSTEE OF THE ELIZABETH THIERIOT REVOCABLE TRUST, AND THE ELIZABETH THIERIOT REVOCABLE TRUST, PLAINTIFFS,
v.
JASPAN SCHLESINGER HOFFMAN LLP, STEPHEN P. EPSTEIN, LISA M. GOLDEN, ALAN K. HIRSCHHORN AND SETH H. ROSS, DEFENDANTS.

The opinion of the court was delivered by: A. Kathleen Tomlinson, Magistrate Judge

ORDER

Plaintiffs move to supplement their motion [DE 29] to compel production of materials furnished to Defendants' expert witness to include documents that have been recently identified by the expert and defense counsel. See DE 42. In addition, Plaintiffs seek production of the expert's retainer and bills as well as communications with Defendants' expert that occurred after his expert report was served. Plaintiffs also seek to re-open the expert's deposition.

Defendants' counsel opposes the motion, asserting that as to the communications with the expert after the expert report was prepared, such communications are exempt under Fed. R. Civ. P. 26(b)(3) and (4) because they contain counsel's opinions and mental impressions about this case. See DE 44. Likewise, Defendants' counsel states that Plaintiffs are seeking the expert's bills for the first time on this motion.

Having reviewed the motion and opposition, I am directing Defendants' counsel to produce the retainer letter for the expert and the expert's bills. See Synthes Spine Co., L.P. v. Walden, 232 F.R.D. 460, 466 (E.D. Pa. 2006) (directing counsel to produce the expert's retainer letter and invoices/billing records). As to the other documents Plaintiffs' counsel seeks, I am holding my ruling in abeyance until the parties comply with the directives set forth in the accompanying Order issued today regarding expert disclosures. See DE 45. Once I have rendered a final decision on the motion at issue there, Plaintiffs' counsel is free to renew his request concerning the other items sought but not approved to date in this motion.

SO ORDERED.

Central Islip, New York.

A. KATHLEEN TOMLINSON U.S. Magistrate Judge

20100930

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