Replies to post #46474 on Global Digital Solutions Inc (GDSI)

[eqinvestor]

I have a few minutes. Here's a quick thought.

GDSI is moving to completely exclude all argument, evidence and reports to be submitted by the expert witness Stewart Appelrouth. The basis is that former counsel of Rontan notified GDSI's attorney in 2019 and stated they would not provide a report by an expert witness. This is the Perry Mason defense where you can't blindside your adversary.

My thought.

The court will grant the motion in terms of excluding an expert report by Appelrouth. However, the court MAY allow Appelrouth to testify only to GDSI's expert report. The court may allow Appelrouth to testify only as an expert witness to comment on the calculation of damages by GDSI's expert. He will not be able to testify by introducing new evidence that should have been disclosed in discovery.

1. 75% odds the court excludes all testimony by Appelrouth.
2. 25% odds he allows Appelrouth only to testify to the calculation of damages without introducing new evidence.
3. 3% chance the court allows Appelrouth to submit an expert report and to testify to GDSI's expert report.

The court may allow Appelrouth to testify only to the calculations by GDSI's expert on the theory that courts search for the truth and the court has an interest in calculating damages fairly. This is an interesting area of law. There will be a fine line between a damages hearing and a mini trial. The strength of Rontan's argument will be that the trial is separate from damages. Therefore, they will agree that they did not produce an expert report. However that does not exclude them from producing an expert report in the damages phase. Therefore, there is a 3% chance the court allows the expert to submit a rebuttal expert report only commenting on the expert report by GDSI's expert.

GDSI is also trying to exclude all testimony by the Bolzans on new evidence that was requested in discovery and not produced.

This one is easy. 95% chance motion is granted. 5% it's denied. The Bolzans will not be allowed to turn this into a trial. I fully expect them to attempt to do this and GDSI's attorneys will consistently object.