Plaintiffs in a multidistrict litigation case involving allegations of price-fixing for polyurethane foam urged a federal judge on Friday to strike the report offered by an expert for the defendants because it is not responsive to any new case event.
The plaintiffs also argued that the 196-page surrebuttal expert report filed by FFP Holdings LLC that contains Howard Marvel’s thoughts on foam was filed in direct contravention of the court’s scheduling order.
“This court never granted FFP leave to develop an expert rebuttal report and FFP never moved for leave to file such a report,” the plaintiffs argued. “Therefore, the surrebuttal was filed in contravention of this court’s scheduling orders.”
The 17 plaintiffs — known as the Spring Air plaintiffs — include companies such as Spring Air LLC, Kolcraft Enterprises Inc. and Sleep Inc.