Johnny v. Bornowski et al

Filing 75

ORDER granting in part and denying in part 55 plaintiff's motion for Leave to Depose Defendants' Expert Witnesses. Signed on 8/2/11 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
OSCAR L. JOHNNY, JR.,
Plaintiff,
vs.
LARRY BORNOWSKI and
STAMPEDE CARRIERS, LLC,
et al.,
Defendants.

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No. 10-04008-CV-W-FJG

ORDER
Pending before the Court is Plaintiff Oscar Johnny, Jr.’s Unopposed Motion For
Leave to Depose Defendants’ Experts by September 8, 2011 (Doc. No. 55).
Plaintiff seeks to depose all six of Defendants’ designated expert witnesses. Under
Rule 26(a)(2)(B), an expert’s written report must contain considerable explanation of the
expert’s opinion and the basis and reasons therefor. Fed. R. Civ. P. 26. As stated in
Paragraph 7(a)(2) of the Scheduling Order, one of the purposes of the expert affidavit is
to set forth the substance of a direct examination. If properly done, the expert affidavit
should eliminate the need for deposing some experts.
After careful review of Defendants’ expert witness reports, the Court shall allow the
deposition of witness Bruno Schmidt, Ph.D. The Court finds additional discovery regarding
the basis for this expert’s opinion would be helpful to support conclusions set forth in his
affidavit.
Accordingly, Plaintiff’s Motion for Leave to Depose Defendants’ Expert Witnesses
is GRANTED IN PART and DENIED IN PART. Plaintiff SHALL conduct this deposition

by AUGUST 24, 2011, and SHALL follow the Third Amended Scheduling Order in all
other respects. Parties shall file a motion to request any additional depositions.
IT IS SO ORDERED.

/s/ FERNANDO J. GAITAN, JR.
Fernando J. GAITAN, Jr.
Chief United States District Judge
Dated:_August 2, 2011__________
Kansas City, Missouri