Tarter v. Throne Law Office PC et al

Filing 35

ORDER granting in part and denying in part 25 Motion Motion to Exclude S. Thomas Throne as "Hybrid" Liability Expert Kyle W. Nelson. READ ORDER FOR DETAILS. Signed by Judge Susan P. Watters on 2/13/2019. (AMC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
BRYANM. TARTER,

FILED
FEB 1 3 2019

Clerk, u s District Court
District Of Montana
Billings

CV 17-123-BLG-SPW

Plaintiff,

ORDER

vs.
THRONE LAW OFFICE, P.C. and
JACOB T. HASEMAN,
Defendants.

Before the Court is Plaintiff Bryan Tarter's Motion to Exclude S. Thomas
Throne as a "Hybrid" Liability Expert. (Doc. 25). Tarter argues that Throne is not
a true "hybrid" fact-expert and Defendants failed to comply with Rule 26(a)(2)(B),
so Throne's testimony should be excluded. Defendants argue that Tarter's motion
is untimely, it is unsupported by Fed. R. Civ. Pro. 26, and misrepresents Throne's
knowledge of the case. For the reasons set forth below, the Court grants Tarter's
motion in part and denies the motion in part.
I.

Relevant Background

Under the Court's amended scheduling order, the parties simultaneously
disclosed their liability experts by the Court's deadline of September 28, 2018.
(Doc. 26-1). Defendants disclosed two witnesses who may provide "hybrid"
expert testimony. (Doc. 26-1). The defense witness at issue in this motion is S.
1