Selden v Rodney Williams et al

Filing 24

ORDER suspending deadlines, reopening limited discovery, Defendants to engage a rebuttal expert for records review by 8/17/2018, confer with mediator for potential dates for settlement discussions and setting a ( TELEPHONIC Status Conference set for 8/30/2018 09:30 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN SELDEN,
Plaintiff,
v.

Case No. 17-13451

RODNEY WILLIAMS and TLC
EXPRESS, INC.,
Defendants.
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ORDER SUSPENDING DEADLINES, REOPENING LIMITED DISCOVERY,
DIRECTING THE PARTIES TO CONFER WITH THEIR MEDIATOR AS TO
POTENTIAL DISCUSSION DATES, AND SETTING A TELEPHONE CONFERENCE
With discovery closed and the dispositive motion deadline passed, the court
suspended deadlines in this matter while the parties engaged in settlement discussions.
The discussions were not successful, so the court set and conducted a status
conference with the parties on July 24, 2018. During the status conference, the parties
explained that there was some disagreement as to whether Plaintiff had properly put
Defendants on notice that one of his physician witnesses would be testifying that
Plaintiff—as a result of the complained-of accident—had suffered a traumatic brain
injury (“TBI”) and now had a seizure disorder. The court noted, and Plaintiff’s counsel
did not dispute, that contrary to the court’s scheduling order (Dkt. #16 Pg. ID 49–50),
Plaintiff’s witness list had not provided an “informative synopsis” of the physician’s
intended testimony—but he explained that Defendants were sufficiently on notice of the
expected testimony at any rate. Defendants argued that permitting the physician’s

testimony on these issues would be unduly prejudicial in light of the limited notice they
received and their inability to secure an opposing expert after the close of discovery.
The sensible solution to this problem is to allow Defendants some fixed latitude
to engage their own expert to explore the TBI and seizure disorder issue. The limited
discovery balances Plaintiff’s interest in preventing further delay and Defendants’
concern of undue prejudice. A limited rebuttal expert would also obviate the need for the
court to decide whether Plaintiff’s physician witness should be excluded altogether or
his testimony significantly cabined for lack of proper notice. Perhaps most significantly,
the discovery would provide the parties with more information to bring to their chosen
mediator should they restart settlement discussions.
Defendants, then, are directed to engage—within the next three weeks—a
rebuttal expert to conduct a review of the documents from Plaintiff’s complained-of
physician. Defendants may amend their witness list to include the rebuttal expert if they
so choose. In the meantime, the court will direct the parties to confer with their mediator
as to potential discussion dates—and possibly schedule a mediation date for early
September—so that there are no further delays in this matter. The court will conduct a
telephone conference at the end of August for the parties to report on their progress.
Accordingly,
IT IS ORDERED that all pending deadlines in this matter, save those set forth in
this order, remain SUSPENDED until further order of the court.
IT IS FURTHER ORDERED that Defendants are DIRECTED to engage a
rebuttal expert for records review no later than August 17, 2018.

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IT IS FURTHER ORDERED that the parties are DIRECTED to confer with their
mediator, as soon as is reasonably possible, as to potential dates for settlement
discussions occurring in early September.
IT IS FURTHER ORDERED that the court will conduct a telephone conference
with the parties on August 30, 2018 at 9:30 am.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

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Dated: July 31, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, July 31, 2018, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
Z:\Cleland\KNP\Civil\17-13451.SELDEN.Discovery.Order.KNP.docx

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