Coleman v. Hakala et al

Filing 145

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that defendant's Motion to Strike Portions of Plaintiff's Third Amended Complaint (#100) is DENIED.IT IS FURTHER ORDERED that plaintiffs Motion for Leave to IdentifyWitness Specifically as Expert Pursuant to Rule 26 (#139) is GRANTED.. Signed by District Judge Stephen N. Limbaugh, Jr on 9/26/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ALONZO DWAYNE COLEMAN,
Plaintiff,
v.
MICHAEL HAKALA, et al.,
Defendants.

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No. 1:13-CV-61 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on defendants’ Motion to Strike Portions of
Plaintiff’s Third Amended Complaint (#100) and plaintiff’s Motion for Leave to Identify
Witness Specifically as Expert Pursuant to Rule 26 (#139).
Plaintiff is an inmate in the Missouri Department of Corrections. Plaintiff filed his
Complaint on April 17, 2013. He alleges deliberate indifferent to serious medical needs
arising from the care and treatment provided by defendants for plaintiff’s polycystic
kidney and liver diseases. Plaintiff was appointed counsel on May 2, 2014, and the
parties engaged in substantial discovery thereafter. In February 2016, plaintiff’s counsel
asked to amend plaintiff’s complaint for a third time. The Third Amended Complaint
asserts a new claim regarding care provided for plaintiff’s hypertension and
administration of blood pressure medication. Defendants seek an order striking that new
claim from the complaint because, in order to defend it, they will need additional
discovery. Trial is not until January 2017, leaving ample time for discovery regarding
this discrete matter. To the extent counsel needs additional time, the Court will consider
a motion to continue the trial date.
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Expert discovery closed on June 1, 2015. Plaintiff now wishes to identify Dr.
Jared Flood as an expert witness to offer medical opinions on polycystic kidney disease,
its progression, treatment options, treatment and diagnostic testing, and medical
causation. Dr. Flood is one of plaintiff’s treating prison internists. In light of the fact that
Dr. Flood is apparently among plaintiffs’ identified, treating physicians who was in fact
employed or contracted by the prison, the late addition of Dr. Flood imposes very little
prejudice. The Court will again consider motions for additional time that counsel may
require as a result of this addition.

Accordingly,
IT IS HEREBY ORDERED that defendant’s Motion to Strike Portions of
Plaintiff’s Third Amended Complaint (#100) is DENIED.
IT IS FURTHER ORDERED that plaintiff’s Motion for Leave to Identify
Witness Specifically as Expert Pursuant to Rule 26 (#139) is GRANTED.
Dated this 26th day of September, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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