Dykes v. Cleveland Nursing & Rehabilitation Center et al

Filing 101

ORDER granting 91 Motion to exclude expert evidence. Signed by Magistrate Judge Jane M. Virden on 3/29/18. (ncb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

DANNY DYKES, INDIVIDUALLY AND
ON BEHALF OF THE ESTATE AND
WRONGFUL DEATH BENEFICIARIES
OF JAMES A. DYKES, DECEASED
V.

PLAINTIFF
CIVIL ACTION NO. 4:15-cv-00076-DMB-JMV

CLEVELAND NURSING & REHABILITATION
CENTER and JOHN AND JANE DOES I-X

DEFENDANTS

AGREED ORDER

This medical negligence matter is before the Court on Defendant Cleveland Nursing &
Rehabilitation Center, LLC's Motion to Exclude the Untimely and Deficient Expert Reports of
Full Financials and Kathleen Hill-O'Neill [91]. In the Motions and Supporting Memoranda [92],
Defendant seeks exclusion of an alleged staffing report from Full Financials and a supplemental
staffing report authored by Plaintiff's nursing expert, Kathleen Hill-O'Neill, pursuant to Rule 37 of
the Federal Rules of Civil Procedure. Plaintiff has informed the Court that he does not oppose the
motion and will not be filing a response in opposition.
The Court, having considered the motion and applicable authorities, finds that Defendant's
motions are well taken and due to be granted. It is therefore, ORDERED that the Full Financials
report (Exhibit C to Defendant's Motion to Exclude [91]) and Kathleen Hill-O'Neill's February
2018 report (Exhibit D to Defendant's Motion to Exclude [91]) shall be excluded from the trial of

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this matter. This Order does not address the Rule 702 issues raised in a separate motion filed by
Defendant pending before the District Judge.
This the 29th day of March, 2018.

/s/ Jane M. Virden
U.S. MAGISTRATE JUDGE

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AGREED:
_/s/ Paul Williams______________________
R. Paul Williams, III
WILLIAMS NEWMAN WILLIAMS, PLLC
129B South President Street
Jackson, Mississippi 39201
John F. Hawkins
HAWKINS GIBSON, PLLC
628 North State Street
Jackson, Mississippi 39201
Jason M. Kirschberg
GADOW TYLER, PLLC
511 E. Pearl Street
Jackson, Mississippi 39201
David Norquist
DAVID NORQUIST LAW OFFICE, PLLC
301C West Sunflower Road
Cleveland, Mississippi 38732
Counsel for Plaintiff
/s/ Clay Gunn______________________
Bradley W. Smith
Clay Gunn
Adria H. Jetton
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC
Post Office Box 14167
Jackson, Mississippi 39236-4167
Counsel for Defendant

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