Brown et al v. United States of America

Filing 41

ORDER (1) Denying Defendant's 23 Motion for Summary Judgment, (2) Requiring Expert Disclosures, and (3) Allowing Re-Depositions of Plaintiff's Experts. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KRIS ROENA BROWN, et al.,
Plaintiffs,

Case No. 16-cv-13003
Hon. Matthew F. Leitman

v.
UNITED STATES OF AMERICA,
Defendant.
_________________________________/
ORDER (1) DENYING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT (ECF #23), (2) REQUIRING EXPERT DISCLOSURES, AND
(3) ALLOWING RE-DEPOSITIONS OF PLAINTIFF’S EXPERTS
In this action, Plaintiff Kris Roena Brown (“Plaintiff”) asserts a claim against
Defendant United States of America under the Federal Tort Claims Act, 28 U.S.C.
§ 1346(b)(1) (the “FTCA”), for injuries she allegedly sustained in an automobile
accident. (See Compl., ECF #1.) On June 30, 2017, Defendant filed a motion for
summary judgment. (See ECF #23.) The Court held a hearing on the motion for
summary judgment on May 29, 2018.
For the reasons stated on the record at the hearing, IT IS HEREBY
ORDERED that:
1. Defendant’s motion for summary judgment (ECF #23) is DENIED;
2. By not later than June 12, 2018, Plaintiff shall serve upon Defendant
complete disclosures complying with Rule 26(a)(2)(C) of the Federal
1

Rules of Civil Procedure for any expert who may offer opinion
testimony at trial;1
3. Defendant may re-depose, if it so chooses, any of the witnesses for
whom Plaintiff provided a disclosure pursuant to paragraph 2 above.
Plaintiff shall pay the costs for the re-depositions of Dr. Wasim Rathur
and Dr. Lucia Zamorano;
4. By not later than June 22, 2018, the parties shall advise the Court’s
case manager in a single, joint email whether the parties would like to
reconvene settlement proceedings and, if so, in what form; and
5. After the Court’s case manager has received the parties’ email pursuant
to paragraph 4 above, the Court will set a telephone status conference
to discuss next steps in this matter.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: May 29, 2018

1

Plaintiff has not retained or specially employed any witness to provide expert
testimony, which would require disclosure under Rule 26(a)(2)(B). Instead,
Plaintiff’s expert witnesses are her treating physicians.
2

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on May 29, 2018, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

3