THOMPSON et al v. CITY OF INDIANAPOLIS et al

Filing 70

ORDER - Defendants moved the Court to preclude or limit the testimony of twelve witnesses disclosed as experts by the Plaintiffs for their failure to comply with the disclosure requirements of Federal Rule of Civil Procedure 26(2) (2). For the foll owing reason, Defendants' Motion is DENIED. Plaintiffs are ordered to supplement the disclosure statements regarding the experts they intend to call as witnesses for trial by January 25, 2017. Specifically, Plaintiffs shall provide treating ph ysician disclosures which state the actual opinion the witness will offer at trial and summary of facts supporting the opinion of each expert witness. In addition, Plaintiffs shall provide the curriculum vitae of each expert they intend to call as a witness at trial by January 25, 2017. (See Order.) Signed by Judge Tanya Walton Pratt on 1/11/2017. (JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
FAMOUS THOMPSON and JAMIE JOHNSON,
Plaintiffs,
v.
CITY OF INDIANAPOLIS, Officer BRYAN
ZOTZ, and Officer JASON ROSS,
Defendants.

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Case No. 1:15-cv-00074-TWP-MJD

ORDER
On January 11, 2017, the Court heard oral argument on Defendants’ Motion to Preclude or
Limit Plaintiffs’ Expert Testimony. (Filing No. 53.) Defendants moved the Court to preclude or
limit the testimony of twelve witnesses disclosed as experts by the Plaintiffs for their failure to
comply with the disclosure requirements of Federal Rule of Civil Procedure 26(2)(2). For the
following reason, Defendants’ Motion is DENIED.
On September 8, 2016, when Defendants filed their Motion, this matter was scheduled for
trial by jury on November 7, 2016. The matter is now scheduled for trial on May 22, 2017 on the
Plaintiffs’ Fourth Amendment claims for excessive force and unreasonable seizure and state law
tort claims for assault, battery, and excessive force. Plaintiffs’ Expert Disclosure lists twelve
potential expert witnesses (Filing No. 32). Of the twelve witnesses disclosed, Plaintiffs intend to
call only three treating medical providers as expert witnesses. Although Plaintiffs’ Expert
Disclosures are deficient, the deficiencies are harmless and any potential prejudice can be easily
cured. Plaintiffs are ordered to supplement the disclosure statements regarding the experts they
intend to call as witnesses for trial by January 25, 2017. Specifically, Plaintiffs shall provide
treating physician disclosures which state the actual opinion the witness will offer at trial and a

summary of facts supporting the opinion of each expert witness. In addition, Plaintiffs shall
provide the curriculum vitae of each expert they intend to call as a witness at trial by January 25,
2017.

SO ORDERED.

Dated: 1/11/2017

DISTRIBUTION:
Christopher D. Wyant
WYANT LAW OFFICE
[e-mail]
Andrew J. Upchurch
OFFICE OF CORPORATION COUNSEL
[e-mail]
Andrew R. Duncan
RUCKELSHAUS KAUTZMAN BLACKWELL BEMIS & HASBROOK
[e-mail]
Edward J. Merchant
RUCKELSHAUS KAUTZMAN BLACKWELL BEMIS & HASBROOK
[e-mail]
John F. Kautzman
RUCKELSHAUS KAUTZMAN BLACKWELL BEMIS & HASBROOK
[e-mail]

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