Heitmann v. Concrete Pipe Machinery

MEMORANDUM

NANGLE, District Judge.

This case is now before this Court on the motion of plaintiff to compel production of a report of Fred Baggerman of Zurheide and Herrmann, Inc. Although defendant originally resisted production of the Baggerman report on the ground of work product, its current position is that the discover-ability of this report is governed by the non-testifying expert provisions of Federal Rule of Civil Procedure 26(b)(4)(B). Defendant contends that the report is not discoverable because it was prepared for defendant in anticipation of litigation by an expert that it does not…