Etter et al v. Bibby et al

Filing 70

MINUTE ENTRY for Motion Hearing held before Magistrate Judge Craig B. Shaffer on 8/29/2011. Granting in part and denying in part 50 Motion to Strike. Taking under advisement 52 Motion to Compel. (FTR: Laura Galera) (lag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 10-cv-00557-JLK-CBS
Date: August 29, 2011

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Laura Galera

Parties:

Counsel:

JOHANNA ETTER, and
ARTHUR ETTER,

Christopher W. Ford
John J. Astuno, Jr.

Plaintiffs,

v.
CHARLES KING BIBBY JR., M.D.,

David M. Jones

TIMOTHY CARTER MEILNER, M.D., and

Kim B. Childs

DELTA COUNTY MEMORIAL HOSPITAL
DISTRICT,

Paul A. Faraci

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session: 1:58 p.m.
Court calls case. Appearances of counsel.
Argument regarding Joint Defense Motion to Strike Plaintiffs’ Supplemental Expert Disclosures [50]
and Plaintiffs’ Motion to Compel Documents from Defendant Delta County Memorial Hospital
District [52].
ORDERED: Joint Defense Motion to Strike Plaintiffs’ Supplemental Expert Disclosures [50] is
GRANTED IN PART AND DENIED IN PART. The motion is denied to the extent
the motion seeks to strike the supplemental expert disclosures in their entirety and

granted to the extent that the parties are given alternative remedies as stated on the
record.
ORDERED: Plaintiffs’ Motion to Compel Documents from Defendant Delta County Memorial
Hospital District [52] is TAKEN UNDER ADVISEMENT. The court will issue a
written order.
ORDERED: Dr. Todd and Dr. Jobin are to prepare supplemental reports that comply with
Fed.R.Civ. P. 26(a)(2)(b). Those reports must be signed and explain the basis for
their opinions and identify the materials they considered in formulating their
opinions. Once those supplemental reports are prepared, defendants may then move
to reopen the depositions. Plaintiffs may challenge the motion to reopen the
depositions.
ORDERED: To the extent that plaintiffs intend to limit Dr. Grayck’s opinions of her medical
records, no further disclosure is necessary. To the extent that plaintiffs
wish to go beyond the scope of Dr. Grayck’s medical records, the court will no
longer treat Dr. Grayck as a treating physician, and Dr. Grayck will be required to
prepare a written report that complies with Fed.R.Civ. P. 26(a)(2)(b). Dr. Grayck
will be required to sign the report, which shall be prepared at either Dr. Grayck’s or
the plaintiff’s expense. The defendant may depose Dr. Grayck on her opinions, and
that deposition shall go forward in all respects, with the plaintiff bearing the cost
of the court reporter and Dr. Grayck’s fees.

HEARING CONCLUDED.
Court in recess: 4:37 p.m.
Total time in court: 02:39
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.