09
Mar
By Tom Fisher
On March 5, 2009, ALJ Theodore R. Essex issued Order No. 21 in Certain Composite Wear Components and Products Containing Same (337-TA-644).  In the Order, ALJ Essex granted complainants Magotteaux S/A and Magotteaux, Inc.’s (Magotteaux’s) motion to strike respondents AIA Engineering Ltd. and Vega Industries Ltd.’s (AIAE’s) identification of its proposed expert witness as untimely.

The amended procedural schedule in the investigation called for each side to identify its expert witnesses by November 3, 2008.  AIAE first identified its expert witness on December 29, 2008.  On January 9, 2009, Magotteaux filed a motion to strike the identification.  AIAE responded on January 21, 2009.  In its response, AIAE argued that there was no harm stemming from the delay and that striking the identification was a “drastic remedy for a highly technical procedural delay ….” 

ALJ Essex disagreed, and granted Magotteaux’s motion.  “Rather than viewing the failure to comply with the procedural schedule as highly technical, the ALJ views the timeliness of meeting certain procedural deadlines in Section 337 investigations to be essential for providing the fair and expeditious resolution that is the hallmark of these investigations ….  Therefore, the ALJ hereby GRANTS Magotteaux’s Motion to strike [AIEA’s] expert witness.”
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