Cruz et al v. Cole et al

Filing 19

ORDER denying 15 Motion to Compel. Signed by Judge Richard P. Matsch on 8/13/2009.(rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 08-cv-00996-RPM KATHY D. CRUZ and RAMON L. CRUZ, JR., Plaintiffs, v. CHRISTOPHER R. COLE, M.D., and COLORADO SPRINGS CARDIOLOGISTS, P.C., Defendants. _____________________________________________________________________ ORDER DENYING PLAINTIFFS' MOTION TO COMPEL OPINION TESTIMONY OF DR. SAMEER OZA, M.D. _____________________________________________________________________ Upon consideration of the plaintiffs' motion to compel Sameer Oza, M.D., to express opinions on the standard of care, filed July 10, 2009, the defendants' response and the plaintiffs' reply brief, the Court finds and concludes that Dr. Oza has a personal freedom to limit his participation in this litigation to that required of a fact witness and treating physician without being required to express an opinion on the standard of care as an expert witness. The plaintiffs' suggestions of sinister and inappropriate professional conduct are matters to be addressed in a forum with appropriate jurisdiction. It is ORDERED that the plaintiffs' motion to compel is denied. Dated: August 13th, 2009 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge

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