Snyder v. Phelps et al

Filing 156

MOTION in Limine to Preclude Experts Who Have Not Produced an Expert Report by Albert Snyder. Responses due by 10/22/2007 (Attachments: # 1 Text of Proposed Order)(Summers, Sean)

Snyder v. Phelps et al

Doc. 156

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND ALBERT SNYDER, Plaintiff Civil Action No. 06-CV-1389 RDB v. FRED W. PHELPS, SR., SHIRLEY L. PHELPS-ROPER; REBEKAH A. PHELPS-DAVIS; and WESTBORO BAPTIST CHURCH, INC. Defendants PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE EXPERTS WHO HAVE NOT PRODUCED AN EXPERT REPORT Plaintiff, Albert Snyder, by and through counsel, files the within Motion in Limine to Preclude Experts who Have Not Produced an Expert Report. 1. This Honorable Court ordered that expert reports be exchanged or produced by

August 8, 2007. 2. As of this date, defendants have produced expert reports for Randall Balmer, Neil

Blumberg, M.D., F.A.P.A. and Timothy M. Boehm, M.D.. 3. By means of Answers to Interrogatories and Expert Witness Disclosures,

defendants identified the following as experts: Fred W. Phelps, Sr., Fred W. Phelps, Jr., Brent Roper, Timothy George, Th.D., Harry S. Stout, Ph.D., James Mersey, M.D., Philip A. Levin, M.D., James Dicke, M.D., and Joseph A. DeSoto, M.D. 4. 5. Motions in Limine are due on October 5, 2007. Plaintiff requested that defendants confirm that the only individuals they will

qualify as experts are those who have produced expert reports. As of this date, defendants have not confirmed -- saying that they will respond on a subsequent date concerning experts. 1
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6.

In the interest of caution, plaintiff is filing the within Motion in Limine to

preclude expert testimony from any expert who has not to date produced an expert report. If defendants subsequently respond confirming their final expert list is limited to experts who have produced reports, plaintiff will withdraw this motion. WHEREFORE, plaintiff Albert Snyder respectfully requests that this Honorable Court preclude expert testimony of any expert who has not produced an expert report. BARLEY SNYDER LLC By: /s/ Sean E. Summers ___________________________________ Paul W. Minnich Sean E. Summers 100 East Market Street P.O. Box 15012 York, PA 17405-7012 [phone] Craig T. Trebilcock Shumaker Williams PC 135 North George Street York, PA 17401 [phone] Attorneys for Plaintiff
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CERTIFICATE OF SERVICE I hereby certify that on this date true and correct copies of Plaintiff's Motion in Limine to Preclude any Experts who have not Produced an Expert Report are being served in the following manner: Via ECF: Jonathan L. Katz, Esquire Marks & Katz, LLC 1400 Spring Street Suite 410 Silver Spring, MD 20910 Via First Class Mail: Shirley L. Phelps-Roper 3640 Churchill Road Topeka, KS 66604 Rebekah A. Phelps-Davis 1216 Cambridge Topeka, KS 66604 BARLEY SNYDER LLC By: /s/ Sean E. Summers ___________________________________ Paul W. Minnich Sean E. Summers 100 East Market Street P.O. Box 15012 York, PA 17405-7012 [phone]

Date: October 5, 2007