McGee v. Dollar General Corporation

Filing 35

ORDER The trial set for July 20, 2016, shall be continued until further notice and the Court will await the plaintiff's response to the defendant's motion in limine and any rebuttal. Signed by Honorable David C. Bramlette, III on 7/13/2016 (ECW)

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

PLAINTIFF
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 34).

Having carefully

considered same, the Court finds as follows:
On June 1, 2016, the Court entered an Order continuing the
trial date1 so that the plaintiff’s attorney could schedule the
deposition of plaintiff’s treating physician, Dr. Morteza Shamsnia.
The deposition took place on July 6, 2016.

On July 12, 2016, the

defendant filed its motion in limine, and attached a 50-page
transcript of the deposition as well as Dr. Shamsnia’s notes from
his September 7, 2014, consultation with the plaintiff.
With the trial date one week from today, and no response to
the motion yet filed, the Court finds that the trial should be
rescheduled yet again.

The motion in limine, if granted, could

result in the exclusion of Dr. Shamsnia’s records and bills from
evidence, based on the lack of any testimony by Dr. Shamsnia that
his treatment of the plaintiff was causally related to any injury

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The trial date was initially continued to July 18, 2016,
and subsequently moved to July 20, 2016.

he allegedly suffered at an alleged fall in the defendant’s store,
and the lack of any testimony by the doctor that the treatment he
provided was reasonable or necessary, or that the costs incurred
for

the

treatment

Furthermore,

Dr.

provided

Shamsnia

were

stated

reasonable
that

he

had

and
not

standard.
made

any

determination or conclusion regarding the nature and extent of the
plaintiff’s medical condition, nor the cause of his conditions.
In short, the Court is reluctant to call in a jury with
threshold issues of causation yet to be addressed.
Accordingly,
IT IS HEREBY ORDERED that the trial set for July 20, 2016,
will be continued until further notice and the Court will await the
plaintiff’s response to the defendant’s motion, and any rebuttal.
SO ORDERED, this the 13th day of July, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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