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.

Cooper v. Meritor, Inc.

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

March 27, 2018

BRENDA J. COOPER, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS JOE E. SLEDGE, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS AND KATHERINE LONGSTREET COOKE, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS AND SRA INVESTMENTS, LLC, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS AND FELICIA WILLIS, ET AL. PLAINTIFFS
v.
MERITOR, INC., ET AL. DEFENDANTS

          ORDER

          JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE

         This 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.

         In 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 Plaintiffs.

         For the 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.

         I. The Ellis Expert Designation

         Meritor's 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:

         Defendants designate and disclose the following non-retained experts, pursuant to Rule 26(a)(2)(C) in each of the above-styled cases:

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 ...

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.