Dixon et al v. Spurlin et al

Filing 306

MEMORANDUM RULING granting 273 Motion in Limine. Signed by Judge David C Joseph on 5/28/2021. (crt,Roaix, G)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
THADDYEUS AARON DIXON SR., CIVIL DOCKET NO. 1:18-CV-00133
ET AL
VERSUS

JUDGE DAVID C. JOSEPH

KEATON A. SPURLIN, ET AL

MAGISTRATE JUDGE JOSEPH H.L.
PEREZ-MONTES

MEMORANDUM RULING
Pending before the Court is PLAINTIFFS’ MOTION

IN

LIMINE

AND TO

STRIKE

SECOND SUPPLEMENTAL REPORT OF DR. DAVID VIANO (“Motion”). [Doc. 273]. For the
reasons which follow, Plaintiffs’ Motion is GRANTED.
FACTUAL AND PROCEDURAL HISTORY
On February 12, 2021, pursuant to the Court’s Scheduling Order, Defendant
FCA US LLC (“FCA”) timely produced Dr. David Viano’s (“Dr. Viano”) original expert
report. [See Doc. 176]. Subsequently, on March 3, 2021, FCA produced a supplemental
report (“First Supplemental Report”) by Dr. Viano. [Docs. 273-1, 285]. At a motion
hearing on April 20, 2021, the Court denied Plaintiffs’ motion to exclude the First
Supplemental Report, but instructed FCA to make Dr. Viano available for a
supplemental deposition, not to exceed two hours, for the purpose of allowing
Plaintiffs to question Dr. Viano regarding the First Supplemental Report. [Doc. 2731]. Then, on May 9, 2021, prior to Dr. Viano’s supplemental deposition, FCA produced
yet another supplemental report (“Second Supplemental Report”) by Dr. Viano. [Id.].
Plaintiffs filed the instant motion on May 17, 2021, seeking to exclude from
trial all references to the testing, photographs, and opinions contained in Dr. Viano’s
Page 1 of 2

Second Supplemental Report. FCA opposes the Motion [Doc. 285], and Defendant
Dorel Juvenile Group, Inc. opposes in part. [Doc. 281]. As this Motion deals with an
untimely disclosure produced after the deadlines provided by this Court, it is within
the Court’s discretion to exclude the opinions contained in the Second Supplemental
Report. See Fed. R. Civ. P. 16(f)(1)(C). The Court exercises its discretion in this regard
and grants Plaintiffs’ Motion.
CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED that PLAINTIFFS’
MOTION IN LIMINE AND TO STRIKE SECOND SUPPLEMENTAL REPORT OF DR. DAVID VIANO
[Doc. 273] is GRANTED.
THUS DONE AND SIGNED in Chambers on this 28th day of May, 2021.

DAVID C. JOSEPH
UNITED STATES DISTRICT JUDGE

Page 2 of 2