Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Redmond v. Yazoo County

United States District Court, S.D. Mississippi, Northern Division

February 23, 2017

RECELL REDMOND PLAINTIFF
v.
YAZOO COUNTY, MISSISSIPPI, ET AL. DEFENDANTS

          ORDER

          MICHAEL T. PARKER UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on Defendants' Motion to Strike Plaintiff's Designation of Experts [42]. Having considered the parties' submissions, the record, and the applicable law, the Court finds that the Motion [42] should be denied.

         Plaintiff's expert designation deadline ran on December 1, 2016, and the discovery deadline is March 1, 2017. See Case Management Order [18].[1] On November 30, 2016, Plaintiff designated Duane Odomes as an expert. See Notice [33]. On January 27, 2017, Defendants filed the instant Motion [42], 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 case.

         On February 7, 2017, Plaintiff filed a Response [47], 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 [46]. According to Plaintiff, his failure to provide this information earlier was inadvertent.

         Federal 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 them;
(iii) any exhibits that will be used to summarize or support them;
(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 deposition; and
(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).

         “A 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. 26(a)(2).

         Rule 37 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 to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.