Lewis et al v. Touro Infirmary et al

Filing 26

ORDER granting 25 Motion for Extension of Time to File expert reports. Signed by Judge Lance M Africk on 10/20/2011. (lag, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

CIVIL ACTION

MICHELLE LEWIS, ET AL.
VERSUS

NO. 11-163

TOURO INFIRMARY INC., ET AL.

SECTION I

ORDER
Before the Court is a motion1 for an extension of the deadlines for submitting expert
reports filed by plaintiffs, Michelle Lewis and Alicia Lewis. Defendant, Dr. Ruary C. O’Connell,
has filed an opposition.2 For the following reasons, plaintiffs’ motion is GRANTED.
BACKGROUND
Plaintiffs allege in their complaint that they suffered immeasurable grief and other
damages from the loss of their mother when Dr. O’Connell failed to diagnose and treat the
pulmonary embolism that resulted in her death.3 This Court’s scheduling order required
plaintiffs to obtain written reports of their experts and deliver them to counsel for defendant by
Friday, November 18, 2011.4 However, this Court held a status conference on September 15,
2011 in which plaintiffs agreed to provide written reports of their experts by October 17, 2011.5
Plaintiffs now request an additional thirty days to submit the reports of their experts.
Plaintiffs claim that their experts have been contacted, but have not yet rendered any opinions
and require additional time to review the records presented to them.6 Defendant objects to any

1

R. Doc. No. 25.
R. Doc. No. 24.
3
R. Doc. No. 1-1.
4
R. Doc. No. 12.
5
R. Doc. No. 21.
6
R. Doc. No. 25.
2

1

extension of the deadline arguing that the facts giving rise to this case occurred in May of 2008
and plaintiffs have had more than three years to locate an expert.7
DISCUSSION
The Court finds that plaintiffs should be granted additional time to provide written
reports of their experts. Plaintiffs have adequately explained that their experts have been
contacted but require additional time to prepare their reports. Defendant will suffer no prejudice
because the extension merely reinstates the original deadline of Friday, November 18, 2011 set
forth in this Court’s scheduling order.8 As a result, granting the extension will not strain the
demands on counsel’s time or the Court’s time and it will not disturb any other deadline set forth in
this Court’s scheduling order.9
Accordingly,
IT IS ORDERED that plaintiffs’ motion for an extension of the deadline to produce
written reports of their experts is GRANTED.
IT IS FURTHER ORDERED that any experts who may be witnesses for plaintiffs shall
be obtained and delivered to counsel for defendant as soon as possible, but in no event later
than Friday, November 18, 2011.
IT IS FURTHER ORDERED that all other deadlines shall remain in effect.

New Orleans, Louisiana, October 20, 2011.

___________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

7

R. Doc. No. 24.
R. Doc. No. 12.
9
R. Doc. No. 12.
8

2