I was just about to post this same thing. I was reading the Complainants Opposition to Respondents Motion to Strike the Supplemental expert Report and was happy to see that this report is already sworn testimony. I don't think this new order is anything to worry about.
Moreover, Dr. Oklobdzija’s supplemental expert report, like his initial expert report, is
incorporated into a declaration in support of Complainants’ oppositions to Respondents’ pending
motions for summary determination. As such, the supplemental expert report is now sworn
testimony. See 4/23/13 Oklobdzija Decl. (in support of Complainants’ oppositions to motions
for summary determination), at ¶ 3 (“I hereby incorporate my Supplemental Expert Report as if
fully set forth herein.”) That declaration was expressly permitted by Commission Rule 210.18,
and was executed by Dr. Oklobdzija on April 26, 2013—well before the May 1, 2013 “[e]xpert discovery cutoff and completion” date set in the procedural schedule