Montana City Meats et al v. Hamel et al

Filing 134

ORDERED: Wheelock has not shown himself to be qualified to testify as an expert at trial. Wheelock's work experience is limited. He lacks adequate academic training or the practical experience necessary to qualify as an expert in the filed of meat processing. Wheelock will not be permitted to testify as an expert at the Bench Trial limited to consideration of relevant issues of federal law under 42 U.S.C. 1986 set for March 12 and 13, 2018. Please review order for further details. Signed by Judge Sam E Haddon on 1/31/2018. (HEG)

FILED
IN THE UNITED STATES DISTRICT COURT

JAN 3 I 2018

FOR THE DISTRICT OF MONTANA

Clerk, U.S. District Court
District Of Montana
Helena

HELENA DIVISION

MONTANA CITY MEATS, INC., and
GARRY M. WHEELOCK,
No. CV 16-02-H-SEH
Plaintiff,
vs.
ORDER

GARY HAMEL, Individually and as
Bureau Chief of the Meat Inspection
Bureau of the Montana Department of
Livestock, MICHAEL HONEYCUTT,
Individually and as the Executive
Officer of the Montana Department of
Livestock, MONTANA
DEPARTMENT OF LIVESTOCK, a
state agency of Montana,
Defendants.

On May 10, 2016, 1 November 16, 2016, 2 March 6,2017, 3 the Court issued
1

Doc. 24.

2

Doc. 47.

3

Doc. 50.

orders requiring disclosure of non-retained experts. On March 10, 20 I 7, Plaintiffs
designated and disclosed, among others, Garry M. Wheelock ("Wheelock") as a
non-retained expert. 4 A separate disclosure, Plaintiffs' Expert Disclosures, for
Wheelock was filed the same day. 5
A hearing to address pending issues, including non-retained expert
disclosures, was conducted on November 13, 2017. On November 14, 2017, the
Court issued its Memorandum and Order which stated in part:
An assessment of the several non-retained expert
disclosures made by Plaintiffs and filed on March I 0,
2017, reveal that the disclosures were deficient in at least
the following particulars.
A.

Wheelock ( disclosed March 21, 2016, in
Plaintiffs' Preliminary Pretrial Statement).
1.

11.

4

Part of the testimony that Plaintiffs
represented that this witness will
address was identified to include: ( 1)

Doc. 53.

5

The disclosure did not provide, as
required by the Court's Order of
March 6, 2016, "specific
identification of and source citations
to the record to facts or data
considered, referenced, or relied
upon" in forming opinions.

Doc. 53-1 at 3-5.
-2-

topics that would in substance call for
statements of legal opinion about
which Wheelock would not be
allowed to testify; (2) opinions on
matters relating to legal standards
required for labeling of meat for
sale;(3) opinions on legal standards
for meat inspectors required by
statute or state regulation; (4)
opinions on standards required by
statute or regulation for labeling of
meat for sale; and ( 5) opinions on
standards required by statute or
regulation for inspection of meat prior
to sale. 6
On April 28, 2017, Defendants moved, with supporting brief,7 to exclude
proposed expert testimony from "Wheelock concerning (I) the standards for
cleaning a processing facility; (2) the standards by which processors are allowed
to rectify problems before being shut down; and (3) labeling issues." 8 Plaintiffs
responded to the motion on May 12, 2017. 9 Defendants filed a reply on May 26,
2017. 10
Upon review of the record and the briefs filed in support and in opposition
6

Doc. 122 at 9-10 (footnotes omitted).

7

Docs. 66 and 67.

8

Doc. 66 at 2.

9

Doc. 73.

10

Doc. 79.
-3-

to the motion to exclude Wheelock as an expert witness at trial, and as provided in
L.R. 7. l(d)(l)(D), the Court has determined that address and ruling on the motion
is appropriate without further hearing.
ORDERED:
1.

Wheelock has not shown himself to be qualified to testify as an cxpcn

at trial. Wheelock's work experience is limited. He lacks adequate academic
training or the practical experience necessary to qualify as an expert in the field of
meat processing.
2.

Wheelock will not be permitted to testify as an expert at the Bench

Trial limited to consideration of relevant issues of federal law under 42 U.S.C. §
1983 set for March 12 and 13, 2018.
3.

Moreover, as stated in the Court's Memorandum and Order of

November 14, 2017, 11 Wheelock's non-retained expert disclosure 12 failed to
comply with the Court's disclosure Order of March 6, 2017. 13 This failure to
comply of itself requires his exclusion from testimony as an expert.
4.

A final pretrial conference will be set if necessary or appropriate by

11

Doc. 122.

12

Doc. 53-1.

13

Doc. 50.
-4-

further order of Court.
DATED this

31

f
1/

day of January, 2018.

-L~fvl

~.HADDON
United States District Judge

-5-

\