Beene v. Ford Motor Company

Filing 174

ORDER : re: 166 First MOTION to Supplement Expert Disclosures filed by Timothy Beene is GRANTED, and the Scheduling Order is amended to allow the late designations of Drs. Krebs and Cohen; (2) The plaintiff shall disclose, on or before March 11, 20 11, the complete files of Drs. Krebs and Cohen concerning their treatment and care of the plaintiff; (3) The plaintiff shall make Drs. Krebs and Cohen available for depositions by Ford at a date and time as the parties may agree, but not later than M arch 31, 2011; (4) Ford may designate experts in rebuttal to Drs. Krebs and Cohen and provide plaintiffs counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before April 11, 2011; and (5) Ford may file, on or before April 11, 2011, a motion pursuant to Fed. R. Evid. 702 addressing the qualifications and/or opinions of Drs. Krebs or Cohen, by Magistrate Judge Boyd N. Boland on 3/1/11. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 08-cv-01086-MSK-BNB TIMOTHY BEENE, Plaintiff, v. FORD MOTOR COMPANY, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the Plaintiff's Motion to Supplement Expert Disclosures [Doc. # 166, filed 2/23/2011] (the "Motion"). The plaintiff seeks an order amending the Scheduling Order to allow the late designation of two recently engaged treating physicians--Dr. Jeffrey Krebs, D.O., and Dr. Joel L. Cohen, Ph.D. Defendant, Ford Motor Company, "does not oppose the designation of Dr. Jeffrey Krebs, as it appears he is simply a new case administrator assigned by Plaintiff's worker's compensation carrier," Response [Doc. # 171] at p. 1 n.1, but it opposes the designation of Dr. Cohen because the plaintiff "provides no justification for waiting some eight months since the mistrial of this case to retain" Dr. Cohen. Id. at p. 1. I held a hearing on the Motion this morning and made rulings on the record, which are incorporated here.

IT IS ORDERED: (1) The Motion [Doc. # 166] is GRANTED, and the Scheduling Order is amended to

allow the late designations of Drs. Krebs and Cohen; (2) The plaintiff shall disclose, on or before March 11, 2011, the complete files of

Drs. Krebs and Cohen concerning their treatment and care of the plaintiff; (3) The plaintiff shall make Drs. Krebs and Cohen available for depositions by Ford

at a date and time as the parties may agree, but not later than March 31, 2011; (4) Ford may designate experts in rebuttal to Drs. Krebs and Cohen and provide

plaintiff's counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before April 11, 2011; and (5) Ford may file, on or before April 11, 2011, a motion pursuant to Fed. R. Evid.

702 addressing the qualifications and/or opinions of Drs. Krebs or Cohen. Dated March 1, 2011. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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