United States District Court, S.D. Mississippi, Northern Division
MICHAEL T. PARKER UNITED STATES MAGISTRATE JUDGE
MATTER is before the Court on Defendants' Motion to
Strike Plaintiff's Designation of Experts . Having
considered the parties' submissions, the record, and the
applicable law, the Court finds that the Motion  should
expert designation deadline ran on December 1, 2016, and the
discovery deadline is March 1, 2017. See Case
Management Order . On November 30, 2016, Plaintiff designated
Duane Odomes as an expert. See Notice . On
January 27, 2017, Defendants filed the instant Motion ,
requesting that the Court strike this expert designation.
Defendants argue that Plaintiff failed to include with the
designation (1) any exhibits that will be used to summarize
or support them; (2) the witness's qualifications,
including a list of all publications authored in the previous
ten years; (3) a list of all other cases in which, during the
previous four years, the witness testified as an expert at
trial or by deposition; or (4) a statement of the
compensation to be paid for the study and testimony in the
February 7, 2017, Plaintiff filed a Response , explaining
that he recently learned that his expert's
résumé was not attached to the report he
provided Defendants. That same day, Plaintiff provided a
supplemental disclosure to Defendants, which included the
expert's résumé. The disclosure also
appears to include the fees charged by the expert and
mentions a case in which the expert testified. See
Notice . According to Plaintiff, his failure to provide
this information earlier was inadvertent.
Rule of Civil Procedure 26 provides that “a party must
disclose to the other parties the identity of any witness it
may use at trial to present” expert testimony.
Fed.R.Civ.P. 26(a)(2)(A). “Unless otherwise stipulated
or ordered by the court, this disclosure must be accompanied
by a written report-prepared and signed by the witness-if the
witness is one retained or specially employed to provide
expert testimony in the case . . . .” Fed.R.Civ.P.
26(a)(2)(B). The report must contain the following:
(i) a complete statement of all opinions the witness will
express and the basis and reasons for them;
(ii) the facts or data considered by the witness in forming
(iii) any exhibits that will be used to summarize or support
(iv) the witness's qualifications, including a list of
all publications authored in the previous 10 years;
(v) a list of all other cases in which, during the previous 4
years, the witness testified as an expert at trial or
(vi) a statement of the compensation to be paid for the study
and testimony in the case.
Fed. R. Civ. P. 26(a)(2)(B).
party must make these disclosures at the times and in the
sequence that the court orders.” Fed.R.Civ.P.
26(a)(2)(D). Local Rule 26 provides that a “party must
make full and complete disclosure as required by Fed.R.Civ.P.
26(a) and L.U. Civ. R. 26(a)(2)(D) no later than the time
specified in the case management order.” L.U. Civ. R.
provides that “[i]f a party fails to provide
information or identify a witness as required by Rule 26(a)
or (e), the party is not allowed to use that information or
witness to supply evidence on a motion, at a hearing, or at
trial, unless the failure was substantially justified or is
harmless.” Fed.R.Civ.P. 37(c)(1). To determine whether