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Other Fraud | New York Southern
Set/Reset Deadlines
Set/Reset Deadlines: Expert Discovery due by 1/22/2027. Surreplies due by 11/17/2026. (rro)
Order
ORDER granting 675 Motion to Strike document from the record. The Court has reviewed (i) Defendants' application to strike portions of David W. DeRamus's expert reply report or, in the alternative, to seek leave to file a sur-reply (Dk t. #675-76), and (ii) Plaintiffs' opposition thereto (Dkt. #680-81). By way of background, Plaintiffs' expert DeRamus submitted a 368-page opening expert report on April 23, 2026; Defendants' expert Justin McCrary and Terrence Hendersh ott submitted two separate expert opposition reports on June 23, 2026, totaling 101 and 162 pages, respectively; and DeRamus submitted a 367- page expert reply report on August 24, 2026. When the Court allowed Plaintiffs to file an expert reply repo rt to Defendants' expert opposition reports, the Court never imagined that such a reply would exceed the length of Defendants' combined opposition, or that it would (as alleged) raise new methodologies not mentioned in Plaintiffs' open ing report. Unfortunately, the Court cannot go back in time. But the Court also cannot say at this point that Plaintiffs' expert reply is improperly breaking new ground beyond the scope of Defendants' expert opposition. Given these facts, t he Court will allow Defendants to file one sur-reply report, but, having been burned by the parties in the past, the Court is constrained to specify a page limit of 75 pages with normal typeface conventions. Of course, Defendants should not feel comp elled to use all 75 pages if fewer suffice. The sur-reply is limited to responding to any allegedly new methodologies or arguments made in Plaintiffs' expert reply report. Defendants shall file their sur-reply on or before November 17, 2026. Con sistent with this new deadline, expert discovery currently set to close on November 23, 2026 is hereby EXTENDED to close on January 22, 2027. The Clerk of Court is directed to terminate the pending motion at docket entry 675 (Signed by Judge Katherine Polk Failla on 9/18/2026) (rro)
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