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Case 2:17-cv-02197-SHM-cgc Document 150 Filed 06/28/18 Page 1 of 3 PageID 804

UNITED STATES DISTRICT COURT


WESTERN DISTRICT OF TENNESSEE

B&L MANAGEMENT GROUP, LLC

Plaintiff,
NO. 2:17-cv-2197-SHM-cgc
Vs.

WILLIAM C. ADAIR, and JACQUELINE


ADAIR,

Defendants.

PLAINTIFF’S NOTICE OF ITS RULE 26 EXPERT INFORMATION


AND RESERVATION OF RIGHT TO SUPPLEMENT REGARDING LATE-
PRODUCED QUICKBOOK MATERIALS

Comes now, B&L Management Group, LLC (“Plaintiff”) and gives notice that it intends to

rely on the expert testimony of Zabihollah Rezaee PHD, CPA, CMA, CIA, CFE, CGFM, CSOXP,

CGRCP, CGOVP in this matter. Pursuant to the operative scheduling order in this matter (ECF No.

124), Plaintiff has on this date served Defendants with the information required by FED. R. CIV. P.

Rule 26(a)(2)(B) relating to Dr. Rezaee’s anticipated testimony.1

RESERVATION OF RIGHT TO SUPPLEMENT REGARDING QUICKBOOKS MATERIALS

In addition to the foregoing, the parties have been mired in a discovery dispute that has

resulted in the significantly delayed production by Defendants of materials that may be critical to the

prosecution of Plaintiff’s case. Although Plaintiff first requested certain Quickbooks ledgers from

1
At the time Dr. Rezaee prepared his report, some of the financial materials he reviewed were subject to a “HIGHLY
CONFIDENTIAL – ATTORNEYS EYES ONLY” protective order. Accordingly, Dr. Rezaee’s opinion was
intentionally vague, when appropriate, to avoid violating the terms of this Order. Defendants have since waived the
protections of this Order relating to tax returns and certain financial documents pursuant to its terms and Dr. Rezaee will
be prepared to testify at deposition and at trial with greater specificity about particular transactions.
Case 2:17-cv-02197-SHM-cgc Document 150 Filed 06/28/18 Page 2 of 3 PageID 805

Defendants in March 2018, Defendants did not actually produce electronic Quickbooks files until

June 22, 2018, and only pursuant to an Order from this Court compelling this production and

threatening sanctions for non-compliance. (D.E. No. 141). Critically, upon receipt, Plaintiff

discovered these files were all password protected and Defendants did not provide the password to

six (6) of the seven (7) existing corporate Quickbooks files until June 27, 2018. This means that the

majority of the produced material only became available three days before Plaintiff’s expert

disclosure deadline.2 Additionally, the password provided for the Quickbooks file for the seventh

entity did not work, and Defendants are now stating they are re-sending the electronic file. At the

time of this filing, it has not been received; it is due by July 2, 2018 pursuant to the Court’s Order

Compelling Discovery. Because Defendants’ testimony may require use of these materials, and

because Defendants have not provided Plaintiff with sufficient time to examine them, Plaintiff

reserves the right to supplement its disclosure regarding these materials only, either from the

presently disclosed expert or an expert in Quickbooks. Plaintiff acknowledges and agrees that if and

when such supplementation becomes necessary, it shall not object to Defendants having a reasonable

amount of additional time to supplement their expert disclosure regarding these materials only.

Respectfully submitted,

/s/ Darrell N. Phillips____________


DARRELL N. PHILLIPS, ESQ. (30299)
2095 EXETER RD., SUITE 80
GERMANTOWN, TN 38138
LEGAL@MEMPHISCOUNSEL.COM
(901) 609-3476
Attorney for Plaintiff

2
Plaintiff’s primary expert, Zabihollah Rezaee, was therefore forced to produce an opinion without the benefit of the
electronic files and is out of the country and unable to examine the files until July 8, 2018, after Plaintiff’s expert
disclosure deadline.
Case 2:17-cv-02197-SHM-cgc Document 150 Filed 06/28/18 Page 3 of 3 PageID 806

Certificate of Service

The undersigned hereby certifies that on this 28th day of June, 2018, a copy of the foregoing
electronically filed document was served on the parties listed below via first class mail, postage
prepaid, unless said party is a registered CM/ECF participant who has consented to electronic notice,
and the Notice of Electronic Filing indicates that Notice was electronically mailed to said party:

Kent E. Smith
Smith Whaley PLLC
PO Drawer 849
Holly Springs, MS 38635
Attorney for William C. Adair and Jacqueline C. Adair

/s/ Darrell N. Phillips____________


DARRELL N. PHILLIPS