United States District Court, N.D. Mississippi, Oxford Division
CHRISTINE JACKSON, AS GUARDIAN AND NEXT FRIEND OF DENAREUS CORTEZ MARTIN PLAINTIFF
TOWN OF TUTWILER, MISSISSIPPI, ET AL. DEFENDANTS
ORDER ON THE PROCEDURAL PORTION OF DEFENDANT'S
MOTION TO STRIKE PLAINTIFF'S EXPERTS LLOYD GRAFTON AND H.
SCOTT ROSS OR, IN THE ALTERNATIVE, FOR DAUBERT
M. VIRDEN UNITED STATES MAGISTRATE JUDGE.
matter is before the court on the motion of the Municipal
Defendant to Strike Expert H. Scott Ross on procedural
grounds. The court, having considered the motion to
the extent that it requests such relief, finds that it is
well taken and should be GRANTED.
management order  was entered on January 22, 2018,
setting, inter alia, Plaintiff's expert
designation deadline as April 23, 2018. On that date, Ross
was identified as a retained expert witness for the
Plaintiff. However, no signed report was provided to
Defendants as required by Fed.R.Civ.P. 26(a)(2)(B). Instead,
Plaintiff's counsel merely disclosed, in relevant part:
2. The Plaintiff has also consulted H. Scott Ross, Esquire, a
former mayor of the Town of West Point, Mississippi, as a
retained, expert witness in the field of public
administration and municipal government, who holds opinions
on the duties and responsibilities of Defendants Latoya Ellis
as clerk of the Tutwiler City Court and Angela Chandler, as
Ross further holds the opinion that die Town of Tutwiler
through its officials participated in the deprivation of
Cortez' civil rights in the implementation of the
Town's community service program.
Ross holds the opinions that the Town of Tutwiler was
directly negligent in this matter in its failure to select,
hire, and retain personnel of the requisite skill, intellect,
temperament, experience, and (raining to exercise charge over
its community service detainees, and further in its failure
to properly train and supervise its officials and officers in
performance of their duties in executing the town's
community service program.
upon his review of the material thus far made available to
him, Mr. Ross also holds the opinion that the Town of
Tutwiler was directly negligent in failing to institute
appropriate procedures and protocols for the execution of its
community service program, specifically with respect to the
adoption of rules or regulations designed (o protect
handicapped citizens in die Town's custody from harm.
ultimate opinions of Mr. Ross in this matter are expected to
be based in part upon information to be obtained through the
discovery process in this cause of action, which is ongoing.
Consequently, the Plaintiff reserves the right to supplement
this designation with a detailed summary stating the
substance of the facts and opinions to which Mr. Ross is
expected to testify and a summary of the grounds for each
such opinion, as required by the terms of Rule 26 of the
Federal Rules of Civil Procedure.
of Mr. Ross' current curriculum vitae will be provided to
defense counsel through discovery and is incorporated herein
further supplementation was provided. On September 5, 2018,
Defendant, Town of Tutwiler, filed the instant motion
arguing, in relevant part, that Ross should be stricken as an
expert witness for failure to provide an expert report, as
required by Fed.R.Civ.P. 26. Plaintiff served a response on
September 19, 2018, arguing that her designation should not
be stricken as it is sufficient to fulfill the requirements
of Fed.R.Civ.P. 26, and thus her error is harmless. On
September 26, 2018, Defendant filed its reply, and the motion
is now ripe.
Rule of Civil Procedure 26(a) requires parties to produce an
expert report with the designation of any witness
“retained or specially employed to provide expert
testimony in the case...” Fed.R.Civ.P. 26(a)(2)(B). The
report, which is to ...