Nagle et al v. Gusman et al

Filing 318

ORDER AND REASONS denying Sheriff Gusman's eleventh-hour MOTION 308 to exclude Dr. Schwartz's testimony as it relates to him and other sheriff's office employees is DENIED.. Signed by Judge Sarah S. Vance on 3/1/16. (jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARGARET GOETZEE NAGLE and
JOHN ERIC GOETZEE

CIVIL ACTION

VERSUS

NO. 12-1910

SHERIFF MARLIN GUSMAN, ET AL.

SECTION "R" (2)

ORDER AND REASONS
Defendant Sheriff Marlin Gusman moves the Court to exclude Dr.
Jeffrey Schwartz’s expert testimony as to him and other employees of the
Orleans Parish Sheriff’s Office.1

Sheriff Gusman contends that at Dr.

Schwartz’s deposition, taken on January 14, 2016, counsel for his codefendants monopolized the time available to depose Dr. Schwartz, leaving
only thirty minutes for Sheriff Gusman’s counsel to ask questions. According
to Sheriff Gusman, plaintiffs’ counsel refused to allow more time for Dr.
Schwartz’s deposition and therefore greatly prejudiced the sheriff and
sheriff’s office employees.
By this motion, Sheriff Gusman is raising this issue, which occurred
nearly two months ago, with the Court days before this matter is scheduled
for trial. Notably, Sheriff Gusman did not move for additional time to depose

1

R. Doc. 308.

Dr. Schwartz under Federal Rule of Civil Procedure 30(d)(1). Accordingly,
Sheriff Gusman’s eleventh-hour motion to exclude Dr. Schwartz’s testimony
as it relates to him and other sheriff’s office employees is DENIED.

1st
New Orleans, Louisiana, this ___ day of March, 2016.

____________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE