United States District Court, N.D. Mississippi, Greenville Division
BRENDA J. COOPER, ET AL. PLAINTIFFS
MERITOR, INC., ET AL. DEFENDANTS JOE E. SLEDGE, ET AL. PLAINTIFFS
MERITOR, INC., ET AL. DEFENDANTS AND KATHERINE LONGSTREET COOKE, ET AL. PLAINTIFFS
MERITOR, INC., ET AL. DEFENDANTS AND SRA INVESTMENTS, LLC, ET AL. PLAINTIFFS
MERITOR, INC., ET AL. DEFENDANTS AND FELICIA WILLIS, ET AL. PLAINTIFFS
MERITOR, INC., ET AL. DEFENDANTS
M. VIRDEN UNITED STATES MAGISTRATE JUDGE
matter is before the court on the motion of Plaintiffs to
strike the expert designation of Meritor Inc., Rockwell
Automation Inc. and the Boeing Company (hereinafter
“Meritor”) of John Ellis as a non-retained,
testifying expert under Fed.R.Civ.P. 26(a)(2)(C). The motion
is opposed, and the matter is ripe for decision.
support of their motion, the Plaintiffs argue that Ellis is a
specially-retained expert pursuant to Fed.R.Civ.P.
26(a)(2)(B) from whom a Fed.R.Civ.P. 26(a)(2)(B) report was
required, but not provided. The Plaintiffs also argue that
even if Ellis is more properly designated as a Fed.R.Civ.P.
26(a)(2)(C) expert, from whom no such report is required, the
designation nevertheless fails to provide a summary of the
opinions and facts upon which Ellis is expected to testify,
as is required of non-specially retained/non-reporting
experts. Finally, the Plaintiffs assert that the insufficient
expert designation is unjustified and prejudicial to
reasons that follow, the court finds that Ellis is properly
classified as a non-retained expert in this matter. Further,
although, his designation is not in compliance with the
requirements of Fed.R.Civ.P. 26(a)(2)(C), under the
circumstances, the lack of compliance is harmless to the
extent Ellis' opinions and factual bases are, in fact,
summarized in the narrative portions of The Vapor Intrusion
Assessment Report dated June 1, 2016. Doc. # 501-2.
Ellis Expert Designation
expert designation deadline was August 18, 2017. Discovery,
after at least one extension, expired (with a few discrete
exceptions not relevant here) on November 29, 2017.
Meritor's August 18, 2017 designation of the Ellis reads,
in full, as follows:
designate and disclose the following non-retained experts,
pursuant to Rule 26(a)(2)(C) in each of the above-styled
John Ellis, PG
Associate Vice President, Principal Geologist
Arcadis, U.S., Inc.
10352 Plaza Americana Drive
Baton Rouge, LA 70817
The general nature of the subject matter upon which Mr. Ellis
will testify concerns Arcadis' environmental assessment
performed in the Eastern Heights Neighborhood and the report,
including all opinions, analysis and data therein, attached
as Exhibit G. The subject report upon which Mr. Ellis will
rely and testify includes sampling and analysis for indoor
air, ambient air, subslab air, soil and ...