Abernathy v. Union Pacific Railroad Company

Filing 163

ORDER denying 149 deft's renewed Motion to Strike Proposed Expert Reports and Exclude the Proposed Expert Testimony. Signed by Judge Billy Roy Wilson on 5/11/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
WINFER “D.D.” ABERNATHY
v.

PLAINTIFF
4:08CV04187-BRW

UNION PACIFIC RAILROAD COMPANY

DEFENDANT

ORDER DENYING DEFENDANT’S RENEWED MOTION
TO STRIKE PROPOSED EXPERT REPORTS AND EXCLUDE
THE PROPOSED EXPERT TESTIMONY
There is some merit in Defendant’s Motion to Strike Proposed Expert Reports and
Exclude the Proposed Expert Testimony (Doc. No. 149), but not enough to cause me to grant it.
Defendant may take a 30 minute telephone deposition of each doctor to explore the areas
left unexplored during the earlier depositions, as long as the questions are designed to ferret out
information Defendant believes it may not have because of the failure of Plaintiff to supplement
the reports.
Plaintiff is directed to pay the court reporter costs for these depositions. I believe there is
some merit in Plaintiff’s opposition to this motion.
If Defendant’s counsel believes these depositions reveal a mother lode of information
that would have been revealed with a supplemental report, Defendant can file a motion for
attorneys’ fees in connection with these depositions. But, truth be told, I would prefer not to
hear any more about this issue. So Defendant should not file such a motion unless it discovers a
considerable mother lode.
IT IS SO ORDERED this 11th day of May, 2011.
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE