Snyder v. Phelps et al

Filing 57

NOTICE by Fred W. Phelps, Sr, Westboro Baptist Church, Inc. re 31 Scheduling Order Expert Disclosure (Attachments: # 1 Blumberg CV# 2 Blumberg Retainer# 3 Stout CV# 4 FredSr CV# 5 Fred, Jr, CV# 6 Brent CV)(Katz, Jonathan)

Snyder v. Phelps et al

Doc. 57

UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND Baltimore Division ALBERT SNYDER, Plaintiff FRED PHELPS, et al, Defendant. : : : : : : :

Civ. No. 1:06-cv-01389-RDB

DEFENDANTS FRED PHELPS AND WESTBORO BAPTIST'S EXPERT WITNESS DISCLOSURE Pursuant to the Court's scheduling order, Defendants Fred W. Phelps, Sr., and Westboro Baptist Church make the following expert witness disclosures: 1. Neil Blumberg, M.D., Suite 206 ­ Padonia Centre, 30 East Padonia Road, Timonium, Maryland 21093, Telephone: [phone], email: [e-mail]. Dr. Blumberg is a psychiatrist. His resume and retainer letter are attached hereto, and the contents therein are incorporated herein. Dr. Blumberg will testify as an expert in psychiatry, psychology, general medicine, and diabetes. Dr. Blumberg will testify in regard to the contention of Plaintiff and/or his doctors that his depression and return of diabetes systems was contributed to by Defendants.

Dockets.Justia.com

Defendants reserve the option to update this disclosure of Dr. Blumberg, and plan to do so with a written report by Dr. Blumberg that addresses Plaintiff's interrogatory answers, documents responding to Defendants' request for production of documents, deposition testimony, and a medical examination to be conducted of Plaintiff by Dr. Blumberg. 2. Timothy George, Th.D Beeson Divinity School, 800 Lakeshore Drive, Birmingham, AL 35229, Phone: [phone], Fax: [phone] Dr. George is the Dean and Professor of Divinity at Beeson Divinity School. Dr. George is expected to testify as an expert in theology, the Hebrew Testament (aka Old Testament) and Christian Testament (aka New Testament) of the bible, on the expositors of the bible and their interpretations of the bible, and in Baptist Christianity. He is expected to testify about the extent to which there is a basis in the bible for such assertions by the Westboro Baptist Church that the bible directs people publicly to demonstrate in praise of God's acts (both those acts that help and harm people), that homosexuality is a severe sin that God hates, and that when a man divorces his wife, he makes his wife an adulterer. Defendants await a response from Dr. George about Defendants' request for him to serve as an expert witness. 2

Defendants reserve the option to update this disclosure of Dr. George, and plan to do so with a written report by Dr. George that addresses the foregoing matters. Dr. George's biographical information found by undersigned counsel is as follows: http://www.beesondivinity.com/templates/cusbeeson/details.asp?id =25215&PID=109040 Timothy George Dean and Professor of Divinity A.B., University of Tennessee at Chattanooga M.Div., Harvard Divinity School Th.D., Harvard University. Timothy George is the founding dean of Beeson Divinity School and has been at Beeson since its inception in 1988. He teaches church history, historical theology, and theology of the Reformers. He is currently serving as executive editor for Christianity Today along with serving on the editorial advisory boards of The Harvard Theological Review, Christian History, and Books & Culture. He has served on the Board of Directors of Lifeway Christian Resources (formerly the Baptist Sunday School Board) of the Southern Baptist Convention. A prolific author, he has written more than 20 books and regularly contributes to scholarly journals. His textbook, Theology of the Reformers, is 3

the standard textbook in many schools and seminaries on reformation theology. It has now been translated into several languages. He has been active in the evangelical dialogue with the Roman Catholic Church in addition to being a highly sought after preacher and conference speaker. As founding dean, George has been instrumental in shaping the character and mission of Beeson Divinity School. An ordained minister, he has pastored churches in Tennessee, Alabama, and Massachusetts. He and his wife, Denise, have two children, Christian and Alyce.

3.

Harry S. Stout, Ph.D.

Department of History Yale University Hall of Graduate Studies 320 York Street P.O. Box 208324 New Haven, CT 06520-8324 [phone] Dr. Stout is Jonathan Edwards Professor of American Religious History, Yale University, with appointments in History, Religious Studies, American Studies, and Divinity School.

4

Dr. Stout is expected to testify as an expert in theology, the Hebrew Testament (aka Old Testament) and Christian Testament (aka New Testament) of the bible, on the expositors of the bible and their interpretations of the bible, and in Baptist Christianity. He is expected to testify about the extent to which there is a basis in the bible for such assertions by the Westboro Baptist Church that the bible directs people publicly to demonstrate publicly in praise of God's acts (both those acts that help and harm people), that homosexuality is a severe sin that God hates, and that when a man divorces his wife, he makes his wife an adulterer. Defendants await a response from Dr. Stout about Defendants' request for him to serve as an expert witness. Defendants reserve the option to update this disclosure of Dr. Stout, and plan to do so with a written report by Dr. Stout that addresses the foregoing matters. Dr. Stout's resume is attached. More information about him is here: http://www.yale.edu/history/faculty/stout.html . 4. Defendants plan to call an endocrinology expert. They

are still awaiting replies from the following endocrinologists at to their availability to serve as an exert, and Defendants reserve the option to name an endocrinologist other than one of the following. 5

-James Mersey, M.D. Chief of Endocrinology Great Baltimore Medical Center 410-828-7417

-

Philip A. Levin, MD

Director, The Diabetes Center at Mercy, Endocrinology 301 St. Paul Pl., Diabetes Center Baltimore, Maryland 21202 410-332-9800

-

James Dicke, M.D.

Endocrinology, Diabetes & Metabolism, 6701 N. Charles Street, Suite 4105, Baltimore, MD 21204, 410-296-5484/410-821-2804. Doctors Levin and Dicke are experts in endocrinology, and are expected to testify as endocrinology experts and as diabetes experts. These doctors, as well as expert Neil Blumberg ­ listed supra -are expected to testify in regard to the contention of

Plaintiff and/or his doctors that his return of diabetes systems was contributed to by Defendants. Defendants reserve the option to update this disclosure of the foregoing endocrinologists.

6

5.

The following three Westboro Baptist Church members

are expected to testify as experts in theology, the Hebrew Testament (aka Old Testament) and the Christian Testament (aka New Testament) of the bible, on the expositors of the bible and their interpretations of the bible, and in Baptist Christianity. They are expected to testify about the extent to which there is a basis in the bible for such assertions by the Westboro Baptist Church that the bible directs people publicly to demonstrate publicly in praise of God's acts (both those acts that help and harm people), that homosexuality is a severe sin that God hates, and that when a man divorces his wife, he makes his wife an adulterer. Defendants reserve the option to update this disclosure of the following three experts, and plan to do so with a written report further addressing the foregoing matters. These experts will not be billing for their time (as opposed to seeking payment for their bills, as appropriate). Each of the following three experts' CV's are attached: Brent Roper, 3640 Churchill Road,, Topeka, Kansas 66604, [phone]. Fred W. Phelps, Jr., Topeka, Kansas Fred W. Phelps. Jr. and Betty Phelps 3600 S. W. Holly Lane 7

Topeka, Kansas 66604, [phone] Fred W. Phelps, Sr. Westboro Baptist Church 3701 S.W. 12th Street, Topeka, Kansas 66604.

Respectfully submitted MARKS & KATZ, L.L.C. _/s/ Jonathan L. Katz_______ Jonathan L. Katz D.Md. Bar No. 07007 1400 Spring St., Suite 410 Silver Spring, MD 20910 Ph: [phone] Fax: [phone] [e-mail]

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Disclosure was served by the CM/ECF filing system on February 20, 2006, to: Paul W. Minnich, Esquire Rees Griffiths, Esquire Craig T. Trebilcock, Esquire Sean E. Summers, Esquire ___/s/ Jonathan L. Katz_______ Jonathan L. Katz

8