SHIPMAN v. UNITED STATES OF AMERICA

Filing 193

ORDER ACCEPTING REPORT AND RECOMMENDATION re denying 148 Motion ; denying 149 Motion ; accepting and adopting 179 Report and Recommendation. This matter is referred to the Magistrate Judge for further proceedings. Signed by CHIEF JUDGE MARK E WALKER on 12/7/2018. (jcw)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
RODNEY RODRIGUEZ SHIPMAN,
Plaintiff,
v.

Case No. 5:15cv133-MW/CJK

UNITED STATES OF AMERICA,
et al.,
Defendants.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 179, and has also reviewed de novo the Government’s objections to
the report and recommendation, ECF No. 180. Although reasonable jurists might disagree about
the propriety of accepting an out-of-time summary-judgment motion, the Magistrate Judge was
completely within his rights to recommend that the Government’s motion, ECF 148, was due to
be denied. Although the Government claims its motion was based on facts it could not have
discovered earlier, the Magistrate Judge was spot on in noting that the Government could have
moved to depose Dr. Marks (or otherwise discover information related to his affidavit) much
earlier in the case. Moreover, the Government did not object to the Magistrate Judge’s earlier
report and recommendation finding that the Government had waived, for purposes of summary
judgment, any challenge to Dr. Mask’s opinion testimony or qualification as an expert.
Finally, the Government’s objection regarding referral of the case to the Magistrate Judge
for pre-trial proceedings is DENIED. This Court will handle its own pre-trial proceedings.
Accordingly,

IT IS ORDERED:
The report and recommendation is accepted and adopted, over the Government’s
objections, as this Court’s opinion. The Government’s Motion to Strike Plaintiff’s Expert and for
Summary Judgment, ECF No. 148, is DENIED. The Government’s Motion for Limited Stay, ECF
No. 149, is DENIED. This matter is referred to the Magistrate Judge for further proceedings.

SO ORDERED on December 7, 2018.
s/Mark E. Walker
____
Chief United States District Judge