Suarez v. The Long Island Railroad Company

What the Court Ordered

The court directed Defendant D&C United Inc. to respond by June 16, 2025, to a letter filed at ECF No. 47. The text provided does not include a ruling on the request discussed in that letter.

The Plaintiffs’ Request

Gregory Suarez and Julissa Suarez asked the court to preclude, meaning bar, D&C United’s two proposed expert witnesses from testifying at trial: James Kipnis, M.D., and Stephen N. Emolo. The request concerned the disclosure requirements in Federal Rule of Civil Procedure 26(a)(2)(B).

The plaintiffs argued that D&C United’s June 6 disclosures did not include the experts’ compensation information or the required lists of cases in which the experts had testified during the previous four years. The disclosures stated that those materials would be provided separately. The plaintiffs said they rejected the disclosures as deficient and gave D&C United until June 11 to supply the missing information, but said they had not received it.

The plaintiffs further argued that the missing information impaired their ability to decide whether to depose the experts and to prepare for trial. They relied on authority discussing preclusion as a possible sanction for unjustified and non-harmless failures to provide required expert disclosures.

Disposition

The court’s June 13 order directed D&C United to respond to the letter by June 16. The order did not grant or deny the request to preclude the experts, did not impose a sanction, and did not resolve the parties’ underlying discovery dispute. The opinion text also contains materials submitted by the parties, including D&C United’s disclosures; those materials are not themselves a ruling by the court.