Poletti et al v. Syngenta AG et al

Filing 156

STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE PROTOCOL. Signed by Judge David R. Herndon on 8/17/16. (lmp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
-----------------------------------------------------------IN RE SYNGENTA MASS TORT ACTIONS
-----------------------------------------------------------This Document Relates to:

Judge David R. Herndon

Poletti et al. v. Syngenta AG et al. No. 3:15-cv01221-DRH

STIPULATION AND ORDER
REGARDING EXPERT DISCLOSURE PROTOCOL
Counsel on behalf of the Plaintiffs, and Counsel on behalf of Syngenta,
hereby agree that the following procedures shall govern expert reports,
disclosures, and discovery with respect to testifying experts hired for the abovereferenced cases (each an “Expert”):
1.

With respect to testifying experts, the parties agree to be bound by
FEDERAL RULE OF CIVIL PROCEDURE 26(a)(2)(B) and 26(b)(4) governing expert
disclosure and the trial preparation of experts, along the timelines set forth
in the applicable Case Management Order(s).

2.

Notwithstanding any potentially applicable rule, law, statute, or
regulation, the parties shall not be required to disclose or produce in

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discovery or otherwise in the context of these cases any of the following
documents or information (the “Excluded Information”):
a.

drafts of any reports, affidavit, declaration, written testimony,
exhibit or disclosure prepared by or at the direction of the Expert,
counsel or other agent of the party proffering the Expert, or others
working under the supervision of or on behalf of the Expert in
connection with these cases, regardless of the form in which such
draft is recorded;

b.

preliminary

or

intermediate:

calculations,

computations,

programs, data collections or data runs prepared by or at the
direction of the Expert or those working under the supervision of or
on behalf of the Expert;
c.

notes created or prepared by the Expert, counsel or others
working under the supervision of or on behalf of the Expert, in
connection with the Expert’s work in these cases;

d.

documents

or

information

constituting

oral

or

written

communications between or among the Expert, any other Experts,
others working under the supervision of or on behalf of any Expert,
or counsel in connection with the Expert’s work in these cases,
regardless of the form of the communications, except to the extent
that the communications: (i) relate to compensation for the Expert’s
study or testimony; (ii) identify facts or data that the Expert

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considered in forming the opinions to be expressed; or (iii) identify
assumptions that the party proffering the Expert or that party’s
attorney provided and that the Expert relied upon in forming the
opinions to be expressed.
3.

Nothing herein, however, shall be construed to prevent deposition
questions relating to the substance of the Expert’s opinions (including
alternative theories, methodologies, variables, or assumptions that the
Expert may or may not have considered in formulating her or his opinions
or in preparing her or his report). Thus, notwithstanding anything to the
contrary herein, an Expert may be presented at deposition or trial with
documents, testimony or other materials not contained in his or her expert
report and questioned about whether the Expert saw or considered such
documents, testimony or other materials, the reasons why the Expert did
or did not consider or rely on such documents, testimony or other
materials in formulating his or her opinions and whether such documents,
testimony, or other material cause the Expert to alter his or her opinion(s)
in any respect.

4.

Nothing herein, however, shall be construed as relieving an Expert of
the obligation to disclose all data they relied upon, including any underlying
data, calculations and analysis, and the sources of such data.

5.

If a retaining party withdraws an Expert and that Expert is not listed
on the retaining party’s final witness list, neither the retaining party nor any

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other party may call that Expert to testify at trial or introduce that Expert’s
opinions, report or deposition or any part thereof into evidence for any
purpose including cross-examination of another Expert called by the party
who withdraws the Expert.
IT IS SO ORDERED.
Signed this 17th day of August, 2016.

Digitally signed by
Judge David R. Herndon
Date: 2016.08.17
13:53:25 -05'00'
United States District Judge

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