McGee v. Dollar General Corporation

Filing 22

ORDER finding as moot 18 Motion in Limine Signed by Honorable David C. Bramlette, III on 2/3/2016 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
DELWIN McGEE

PLAINTIFF

VS.

CIVIL ACTION NO. 5:14-cv-90(DCB)(MTP)

DOLGENCORP, LLC

DEFENDANT
ORDER

This cause is before the Court on the defendant Dolgencorp,
LLC’S Motion in Limine (docket entry 18) to exclude certain medical
evidence at trial and to limit the introduction of other medical
evidence by the plaintiff.
In its motion, the defendant states that time for discovery
has expired, as has the expert designation deadline; that the
plaintiff has not produced any evidence of future medical treatment
or

future

medical

expenses;

and

that

the

defendant

has

not

designated an expert witness on future medicals since the plaintiff
has not produced evidence on these issues.

The defendant also

seeks to limit the plaintiff’s evidence on past medical expenses,
and states that the plaintiff obtained no expert report from his
treating physician, made no initial disclosures, and did not
respond to the defendant’s requests for production of documents.
In response, the plaintiff filed a motion for leave to take a
de bene esse or trial deposition of Dr. Morteza Shamsnia on January
15, 2016.

Magistrate Judge Michael T. Parker held a pretrial

conference on January 13, 2016, during which he deferred entry of

the pretrial order and continued this case to the next term.
Minute Entry of January 13, 2016.

See

Magistrate Judge Parker denied

the plaintiff’s motion to take deposition without prejudice as
moot, and further extended the expert designation deadlines for
both plaintiff and defendant.

The pretrial conference is now set

for May of 2016, and the trial is set for June of 2016.
In light of the foregoing,
IT IS HEREBY ORDERED that the defendant Dolgencorp, LLC’S
Motion in Limine (docket entry 18) is MOOT.
SO ORDERED, this the 3rd day of February, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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