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Trademark | New York Eastern
Order(Other)
ORDER: The Court has reviewed the parties' joint status report, which raises issues regarding the recent disclosure on 8/12/2026 of Plaintiff's purported expert Dr. Jason Brown (who apparently is a current Shell employee). See DE 207 . It is hereby ORDERED that Plaintiff shall submit by 9/11/2026 at 4:30 PM a letter (limited to three pages) addressing the following:1. Plaintiff's legal and factual basis for apparently not disclosing Dr. Brown prior to 8/12/2026 in its initial disclosures, discovery responses, or Rule 30(b)(6) designations.2. Plaintiff's legal and factual basis for Dr. Brown not producing an expert report under Fed. R. Civ. P. 26(a)(2)(B). See Samuels v. City of New York, No. 22-CV-01904, 2025 WL 3206488, at *6 (S.D.N.Y. Nov. 14, 2025), objections overruled, 2026 WL 99929 (S.D.N.Y. Jan. 14, 2026) (discussing the "two types of expert disclosure" under Rule 26(a)(2) and the circumstances under which an expert report is mandatory).3. Plaintiff's legal and factual basis for representing that the summary set forth in Shell's "Designation of Expert Witness Dr. Jason Brown" (dated 8/12/2026) satisfies Fed. R. Civ. P. 26(a)(2)(C). See Samuels, 2025 WL 3206488, at *8 (rejecting the Rule 26(a)(2)(C) summary as "insufficient" because "while it arguably provides disclosure on the subject matter on which the witness is expected to testify, as required by Rule 26(a)(2)(C), [it] fails to contain a summary of the facts and opinions to which the witness is expected to testify, and thus does not help the Defendants, much less the Court, understand what any of these [experts] will offer specifically on the subject matter for which they were disclosed[.]" (internal quotations and citations omitted)).Plaintiff's submission shall include a copy of its 8/12/2026 disclosure regarding Dr. Brown. Defendant may respond by 9/18/2026 at 4:30 PM in a letter (limited to three pages). The parties are prohibited from including any additional exhibits in their submissions or filing any additional submissions regarding Dr. Brown unless otherwise ordered by the Court. Finally, counsel for Plaintiff and Defendant are reminded that "[a]s officers of the court, all attorneys conducting discovery owe the court a heightened duty of candor." New Falls Corp. v. Soni, No. 16-CV-6805, 2022 WL 17811448, at *10 (E.D.N.Y. Dec. 19, 2022) (internal quotations and citations omitted) (emphasis added). Ordered by Magistrate Judge Lee G. Dunst on 9/4/2026. (JSH)
Order on Motion for Leave to Electronically File Document under Seal Order on Motion for Leave to File
ORDER granting 204 Motion for Leave to Electronically File Document under Seal; granting 205 Motion for Leave to File.As for the sealed documents at DE 204 , Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Lee G. Dunst on 8/31/2026. (JSH)
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