Cromeans v. Morgan Keegan & Company, Inc. et al

Filing 547

ORDER entered by Judge Nanette Laughrey. Defendant Armstrong Teasdale's motion to exclude expert testimony of Plaintiffs' expert Geoffrey Hazard [Doc. 428] is denied without prejudice. (Barragan-Scott, Alana)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
JOHN W. CROMEANS., JR.,
Individually and on behalf of all
others similarly situated,
Plaintiff,
v.
MORGAN KEEGAN & CO., INC., et al.,
Defendants.

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No. 2:12-CV-04269-NKL

ORDER
Defendant Armstrong Teasdale, LLP moves to exclude testimony of Plaintiffs’
expert, Geoffrey Hazard, concerning the conduct of Armstrong Teasdale. Doc. 428. For
the reasons explained below, the motion is denied without prejudice.
Plaintiffs filed a “Designation of Rule 23 Expert,” Doc. 73, naming Hazard, and a
copy of Hazard’s expert report, Doc. 73-1. Plaintiffs subsequently cited Hazard’s expert
report in their suggestions in opposition, Doc. 128-36, to Armstrong Teasdale’s motion
for summary judgment against Plaintiff Cromeans on the attorney malpractice, negligent
misrepresentation, and unjust enrichment claims, Doc. 93. On November 5, 2013, the
Court granted summary judgment to Armstrong Teasdale on the attorney malpractice and
negligent misrepresentation claims, Doc. 170, and the Court has now denied Plaintiffs’
motion to vacate that partial grant of summary judgment. The deadline to file dispositive
motions passed in June 2014. Docs. 306, 331.
Plaintiffs have represented to Armstrong Teasdale that their use of Professor
Hazard’s testimony is relevant only to their attorney malpractice claim and to any motion

for summary judgment on that claim. Docs. 450, p. 3 (Plaintiffs’ suggestions in
opposition to Armstrong Teasdale’s motion to exclude) and 450-1 (e-mail from
Plaintiffs’ counsel to Armstrong Teasdale’s counsel).

Because the Court denied

Plaintiffs’ motion to vacate the grant of summary judgment to Armstrong Teasdale on the
attorney malpractice claim, no motion for summary judgment on an attorney malpractice
claim is pending, and the deadline for filing summary judgment motions passed,
Armstrong Teasedale’s motion to exclude [Doc. 428] is denied without prejudice.
s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: October 20, 2014
Jefferson City, Missouri