Ray et al v. Ford Motor Company

Filing 234

ORDER directing as follows: (1) defendant's 222 Motion to exclude testimony of opinions expressed in the supplemental record is DENIED; (2) defendant's alternative motion to depose is GRANTED; directing plaintiffs to promptly arrange for defense counsel to depose Kathryn Willard on the substance and opinions contained in the supplemental report, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 1/3/12. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

MEREDITH CHADWICK RAY and
PHILLIP RAY,
Plaintiffs,
v.
FORD MOTOR COMPANY,
Defendant.

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) CIVIL ACTION NO. 3:07cv175-WHA-TFM
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(WO)
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ORDER
This case is before the court on Defendants’s Motion to Exclude (Doc. # 222) and the
Plaintiff’s Response (Doc. #233).
The court will allow Kathryn Willard to testify so as to update her original report, so long
as the Defendant is given a reasonable opportunity to first depose Ms. Willard on the substance
and opinion contained in her supplemental report. Therefore, it is hereby ORDERED as follows:
1. Defendant’s Motion to exclude testimony of opinions expressed in the supplemental
record is DENIED.
2. Defendant’s alternative motion to depose is GRANTED. As a prerequisite to allowing
such testimony, Plaintiffs are DIRECTED to promptly arrange for defense counsel to depose
Kathryn Willard on the substance and opinions contained in the supplemental report. Such
deposition must be scheduled at the first available time for defense counsel, and shall be by
telephone or in person, as defense counsel chooses. All counsel are expected to cooperate in
making these arrangements.

Done this 3rd day of January, 2012.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE