Plaintiffs' Motion to Exclude Stewart C. Myers as a Witness and to Strike the Expert Report of Stewart C. Myers : U.S., et al. v. First Data Corporation, and Concord EFS, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA, et al.,
Plaintiffs,
                  v.

FIRST DATA CORPORATION,
and
CONCORD EFS, INC.,
Defendants.
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CASE NUMBER: 1:03CV02169 (RMC)

PLAINTIFFS' MOTION TO EXCLUDE STEWART C. MYERS AS A WITNESS AND
TO STRIKE THE EXPERT REPORT OF STEWART C. MYERS

Pursuant to Rule 26 and Rule 37 of the Federal Rules of Civil Procedure, Plaintiffs respectfully request that the Court enter an order striking the untimely expert report of Stewart C. Myers and precluding defendants from calling him at trial. This Motion is supported by a concurrently filed supporting Memorandum. A proposed order granting this Motion is attached.

Respectfully submitted,

FOR PLAINTIFF UNITED STATES:

__________/s/_____________
Craig W. Conrath, Esq.
Antitrust Division
U.S. Department of Justice
600 E Street, N.W., Suite 9500
Washington, D.C. 20530

FOR PLAINTIFF STATES:
_________/s/______________
Rebecca Fisher, Esq.
Assistant Attorney General
P.O. Box 12548
Austin, TX 78711-2548

Dated: December 6, 2003