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Wilson v. The Service Companies

United States District Court, N.D. Mississippi, Oxford Division

March 14, 2018

ALMA DENISE WILSON; and LAWRENCE WILSON PLAINTIFFS
v.
THE SERVICE COMPANIES; FULL SERVICE SYSTEMS CORPORATION and JOHN AND JANE DOES 1-10 DEFENDANTS ROBINSON PROPERTY GROUP CORP. D/B/A HORSESHOE TUNICA INTERVENOR

          ORDER ON MOTION TO STRIKE DEFENDANTS' THIRD SUPPLEMENTAL DESGINATION OF EXPERT WITNESSES

          JANE M. VIRDEN, UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court on Plaintiffs' Motion to Strike Defendants' Third Supplemental Designation of Expert Witnesses [81]. For the reasons that follow, the motion is GRANTED.

         Factual Background

         A case management order was entered on April 12, 2017, setting, inter alia, Defendants' expert designation deadline as July 28, 2017. On that date, however, no reports were provided to Plaintiffs as required by Fed.R.Civ.P. 26(a)(2)(B). Instead, on their expert designation deadline, Defendants merely disclosed, in relevant part, what follows:

1. These Defendants designate the following witnesses to testify as experts on their behalf at the trial of the above captioned civil action:
(A) Nathaniel Fentress, MS, CRC, CCM Rehabilitation Counselor
1190 North State Street, Suite 202
Jackson, Mississippi 39202
Telephone: 601-355-7550
Cell Phone: 601-832-7100
Fax: 888-539-6734
Mr. Fentress is an expert in vocational rehabilitation and life care planning. Mr. Fentress is expected to testify concerning to what extent Plaintiff's physical and mental condition following the accident in question will affect her ability to obtain employment. Mr. Fentress is further expected to opine concerning the extent to which Plaintiff's current physical and mental status will affect her ability to earn a wages comparable to that which she was earning at the time of the accident. In so doing, Mr. Fentress is expected to testify concerning, but not limited to, types of jobs/employments Plaintiff may be able to perform as a result of her alleged injuries and/or medical conditions. In addition, Mr. Fentress may offer opinions as to the future employment possibilities for Plaintiff, along with addressing any loss of income/lost wage claims asserted by the Plaintiff. Mr. Fentress will also offer opinions concerning the costs associated with providing medical care for the Plaintiff in the future via a Life Care Plan.
Mr. Fentress's opinions are based upon his specialized knowledge, training, and skills as a vocational rehabilitation counselor and life care planner and his review of Plaintiff's medical records, deposition testimony, and discovery responses, along with other materials reasonably relied upon by experts in his field. Mr. Fentress may review other depositions, medical records and/or other reports to finalize his opinion. A copy of Mr. Fentress's curriculum vitae is attached hereto as Exhibit "A" and incorporated by reference as fully set out therein. A copy of Mr. Fentress's fee schedule and recent trial testimony is also attached hereto as Exhibit “B” and “C”, respectively. A more detailed summary of Mr. Fentress's specific opinions and the grounds for the same is contained in his Life Care Plan for the Plaintiff, which will be supplemented and attached hereto as Exhibit "D" and is incorporated by reference as fully set out therein. Mr. Fentress is completing a vocational rehabilitation report for the Plaintiff, which will be supplemented upon receipt of the same and is incorporated as fully set forth therein. Any deposition testimony given by Mr. Fentress in this case is also incorporated by reference as fully set forth therein.
(B) Dr. Moses C. Jones, Jr.
973 Golf View Lane, #2
Lapeer, Michigan 48446
Cell: (601) 506-7080
Email: mosesjones@msn.com
Dr. Jones is an expert in the field of neurogsurgery and physical medicine. A copy of Dr. Jones' curriculum vitae is attached hereto as Exhibit “E.” Dr. Jones is a medical physician who is expected to testify based upon his education, experience, training and his review of the information provided to him in this litigation. Dr. Jones is expected to testify regarding the extent and duration of Plaintiff's injuries including the affects, if any, of Plaintiff's pre-existing conditions. Dr. Jones will also testify regarding the Plaintiff's medical conditions allegedly suffered in the current lawsuit, including the effects this incident allegedly had on Plaintiff's functional capacity. Dr. Jones is further expected to testify as to Plaintiff's impairment rating assigned by Dr. Katz and/or Dr. Brophy. Further, Dr. Jones will testify about the effects and injuries Plaintiff suffered during the surgery performed by Dr. Brophy including the risks/benefits of the type surgery performed. Dr. Jones will offer testimony regarding Dr. Brophy's performance of said surgery including the resulting consequences of said surgery. Dr. Jones will also offer testimony about the need, or not, of any future medical ...

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