Shunock v. Apple, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL SHUNOCK,

Plaintiff, CIVIL ACTION NO. 23 Civ. 8598 (JLR) (SLC)

-v- ORDER

APPLE, INC.,

Defendant.

SARAH L. CAVE, United States Magistrate Judge.

After careful review of Defendant’s motions to strike portions of Plaintiff’s expert reports and contentions (ECF Nos. 114; 115; 123; 124 (the “Motions”)) and Plaintiff’s opposition (ECF Nos. 118; 119), and having heard the parties’ arguments during a conference on April 8, 2025 (ECF No. 112), it is ORDERED as follows: 1. Defendant’s motion to seal (ECF No. 116) is GRANTED. 2. Defendant’s Motions challenge the merits and substance of Plaintiff’s expert reports and are therefore DENIED without prejudice to Defendant’s opportunity to raise these challenges following the conclusion of expert discovery in motions for summary judgment and under Daubert v. Merrell Down Pharm. Inc., 509 U.S. 579 (1993). 3. For good cause shown, the deadline to complete expert discovery is EXTENDED up to and including May 30, 2025. (See ECF No. 99 at 2). 4. The dispositive motions briefing schedule is accordingly EXTENDED as follows: a. Opening summary judgment/Daubert motions shall be filed by June 20, 2025 b. Opposition summary judgment/Daubert motions shall be filed by July 11, 2025 c. Reply summary judgment/Daubert motions shall be filed by July 25, 2025 (See ECF No. 99 at 5). The Clerk of Court is respectfully directed to close ECF Nos. 114, 115, & 116. Dated: New York, New York April 14, 2025 SO ORDERED. efi L. dt United States Magistrate Judge