Lock Realty Corp. IX v. U.S. Health, LP

In action alleging that defendants breached lease for nursing home by failing to pay certain rent and/or fund replacement reserve, Dist. Ct. did not abuse its discretion in striking opinion of plaintiff’s expert regarding value of future rent lost to plaintiff as result of instant breach where basis of expert’s opinion did not follow any of three recognized methodologies for making such assessment under Indiana law. Moreover, plaintiff’s motion to submit additional evidence on issue of fair rental value of nursing home that was filed six months after close of discovery was untimely. Dist. Ct. also did not err in considering affidavit of attorney in support of plaintiff’s fee request, even though said attorney indicated in affidavit that his opinion was based on his “belief,” where affidavit, when taken as whole, demonstrated that attorney had personal knowledge of facts presented in affidavit.