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 Meritor Inc.'s, Rockwell Automation Inc.'s
and the Boeing Company's (collectively
“Meritor”) expert designation of James
“Jim” Peeples. For the reasons discussed below,
the motion, with limited exception, is DENIED.
The Parties' Positions:
support of their motion to strike Peeples, Plaintiffs argue
that he is a non-specially retained/ non-reporting expert as
to all matters addressed in his designation. A party must
disclose, in accordance with the deadline for doing so, the
subject matter on which a non-reporting expert is expected to
testify and must provide a summary of the opinions and facts
to which the witness will testify. Fed.R.Civ.P. 26(a)(2)(C).
According to Plaintiffs, Defendants' designation of
Peeples does not comply with this disclosure requirement and
should be stricken as unjustified and prejudicial.
Plaintiffs argue that even if, as Defendants contend, they
designated Peeples as a non-reporting expert on only certain
matters identified in his designation and as a specially
retained/reporting expert on the other matters identified
therein, the designation is still insufficient because it
also fails to satisfy the requirements for a report of a
specially retained reporting expert pursuant to Fed.R.Civ.P.
part, Defendants, as noted, argue that Peeples is a
non-reporting expert on only the first five reports
referenced in Exhibit F of his designation, and they contend
that those reports sufficiently summarize the subject matter,
opinions, and facts on which he is expected to testify. As
for the balance of the documents referenced in the
designation (appearing as Nos. 6-18 on Exhibit F), Defendants
assert that Peeples is a specially retained expert, and the
documents referenced in that capacity satisfy, Fed.R.Civ.P.
26(a)(2)(B)'s requirement that such an expert provide a
report prepared and signed by him containing among other
information, “(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 . . .” Fed.R.Civ.P. 26(a)(2)(B)(i)(ii).
The Peeples Designation
August 18, 2017, its deadline for doing so, Defendants made
the following designation of Jim Peeples:
EXPERTS NOT SPECIFICALLY RETAINED PURSUANT TO RULE
26(a)(2)(C) AND RETAINED PURSUANT TO RULE
identify the following expert, pursuant to Rule 26(a)(2)(C)
and 26(a)(2)(B), in each of the above-styled cases:
James Peeples, PE
Vice President, Senior Technical Environmental Engineer
T&M Associates, Inc.
4675 Lakehurst Court, Suite 250
Columbus, Ohio 43016
Exhibit F contains a copy of Mr. Peeples' Curriculum
Vitae and list of reports, including all opinions, analysis,
sources and references contained therein, which have
previously been submitted to the United States Environmental
Protection Agency and/or the Mississippi Department of
Environmental Quality and previously produced to all parties,
upon which Mr. Peeples will rely and testify. The materials
reflect the subject matter on which Mr. Peeples will testify.
All of the opinions Mr. Peeples may testify to will be
expressed to a reasonable degree of scientific, technical,
and/or engineering certainty. Mr. Peeples' hourly rate
for expert testimony is $300.
F to the designation of Jim Peeples is as follows:
1. Corrective Measures Pre-Design Investigation Results, Feb.
21, 2008 (MTOR-EPA0010647 -10835)
2. Annual Monitoring Report, Calendar Year 2011, Grenada
Manufacturing, LLC (GRENADA 049780 -050389)
3. 2012 Annual Monitoring Report, Grenada Manufacturing, LLC
(GRENADA 007684 - f008906)
4. Annual Monitoring Report, Calendar Year 2013, Grenada
Manufacturing, LLC (GRENADA 053281 - 054003)
5. Annual Monitoring Report, Calendar Year 2014, Grenada
Manufacturing, LLC (GRENADA 054004 -055174)
6. Moose Lodge Road Area Additional Investigation Report,
Comprehensive Study Area Groundwater Evaluation