Cole v. Wilkerson et al

Filing 66

ORDER Resolving Various Discovery Motions. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GEORGÉ A. COLE,
Plaintiff,

Case No. 16-cv-10511
Hon. Matthew F. Leitman

v.
ERIC WILKERSON, et al.,
Defendants.
_________________________________/
ORDER RESOLVING VARIOUS DISCOVERY MOTIONS
At a hearing on December 13, 2017, this Court heard arguments on the
following motions:
 Defendants’ Emergency Motion for Protective Order With Regard to
Determination of Expert Fees and Scheduling of Expert Depositions (ECF
#54) (the “Emergency Motion for Protective Order”)
 Plaintiff’s Motion to Strike Defendants’ Affirmative Defenses Regarding
Sudden Emergency and Comparative Fault of Georgé Cole or Any Other
Individual or Entity Pursuant to F.R.C.P 12(f) (ECF #38) (the “Motion to
Strike Affirmative Defenses”)
 Defendants’ Continuation of Their Motion for an Order Requiring Eugene
Cole to Appear and Show Cause Why He Should Not Be Held in Contempt
(Doc #35) With Specific Reference to Plaintiff’s Unsupported Claim that
Defendants’ Use of Medical Records from Eugene Cole’s PIP Claim File is
Somehow Barred by HIPAA (ECF #42) (the “Continued Motion to Show
Cause”)
 Defendants’ Renewed Motion to Compel Plaintiff to Provide Rule 26(a)(2)(B)
Reports With Regard to Her Treating/Expert Physicians or to Preclude Them
From Testifying at Trial (ECF #49) (the “Renewed Motion to Compel”)
1

 Defendants’ Motion to Set Reasonable Expert Fees (ECF #56) (the “Motion
to Set Fees”)1
For the reasons stated on the record at the hearing on December 13, 2017:
1) The Court DENIES the Emergency Motion for Protective Order (ECF
#54) to the extent it seeks to require Plaintiff to provide expert
disclosures pursuant to Fed. R. Civ. P. 26(a)(2)(B).

The Court

DISMISSES AS MOOT the Emergency Motion for Protective Order
(ECF #54) to the extent it seeks any other relief.
2) The Court GRANTS the Continued Motion to Show Cause (ECF #42)
to the extent it seeks to require Eugene Cole to appear at a continued
deposition and to answer questions regarding his medical records. The
Court DENIES the Continued Motion to Show Cause (ECF #42) to the
extent it seeks any other relief.
3) The Court GRANTS the Motion to Strike Affirmative Defenses (ECF
#38) as to Defendants’ fourth and sixth affirmative defenses. The Court
DENIES the Motion to Strike Affirmative Defenses (ECF #38) to the
extent it seeks any other relief.
4) The Court GRANTS IN PART and DENIES IN PART the Renewed
Motion to Compel (ECF #49) as follows:

1

The Motion to Set Fees was dismissed as moot by stipulated order on December
7, 2017. (See ECF #62.)
2

a. Plaintiff is not required, but may elect, to serve expert disclosures
pursuant to Fed. R. Civ. P. 26(a)(2)(B) for Dr. Martin B.
Kornblum, Dr. Michael S. Meeron, Dr. Eduardo Icaza, Dr. Jack
Belen, and Dr. Stephen D. Mendelson.
b. If Plaintiff declines to serve disclosures under Fed. R. Civ. P.
26(a)(2)(B) for the doctors identified immediately above, they
shall: (1) serve a supplemental summary disclosure pursuant to
Fed. R. Civ. Pr. 26(a)(2)(C) for Dr. Martin B. Kornblum on or
by December 18, 2017 and (2) serve a supplemental summary
disclosure pursuant to Fed. R. Civ. Pr. 26(a)(2)(C) for each of the
following treating physicians on or by December 27, 2017: Dr.
Michael S. Meeron, Dr. Eduardo Icaza, and Dr. Jack Belen. The
supplemental disclosures required by this paragraph shall
address the concerns raised by the Court during the December
13, 2017 hearing regarding the sufficiency of the previouslyserved Rule 26(a)(2)(C) disclosures for these doctors.
c. By not later than December 18, 2017, counsel for Plaintiff shall
provide Defendants with a list of all civil actions brought by
Plaintiff’s counsel in which Dr. Martin B. Kornblum has
provided any deposition testimony in the past four years. By not
later than January 12, 2018, counsel for Plaintiff shall provide
3

Defendants with a list of all civil actions brought by Plaintiff’s
counsel in which the following doctors have provided deposition
testimony in the past four years: Dr. Michael S. Meeron, Dr.
Eduardo Icaza, Dr. Jack Belen, and Dr. Stephen D. Mendelson.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: December 14, 2017

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on December 14, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

4