Davis v. Safeway Inc.

Filing 34

ORDERED: Notwithstanding and in supplement to expert witness disclosures previously made and filed, 1) Expert reports shall be provided from each treating physician who is expected to provide testimony that may include any opinion not fully expressed in the physician's medical records; 2) treating physician expert reports shall be filed and served by Plt on or before 5/26/17; 3) expert reports shall be provided from each non-retained expert identified by Dft and are to be filed and served b y 5/26/17; 4) each treating physician and non-retained expert identified by either party shall file with their respective report all medical records. Please review Order for complete ruling and requirements. Signed by Judge Sam E Haddon on 4/13/2017. (DED) Modified on 4/13/2017 to correct date (DED).

FILED
APR 13 2017
Clerk, U.S. Distrid Court
Distrid Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

KAREN DAVIS,
Plaintiff,

No. CV 16-10-H-SEH

vs.
ORDER

SAFEWAY, INC.,
Defendant.

The Scheduling Order of April 26, 2016, set several pretrial disclosure
deadlines, including:
Plaintiff shall disclose, and provide
Fed. R. Civ. P. 26(a)(2) reports of, liability
and damage experts on or before:

September 30, 2016

Defendant shall disclose, and provide
Fed. R. Civ. P. 26(a)(2) reports of, liability
and damage experts on or before:

October 28, 2016

Proposed final pretrial order on or before:

May 26. 2017 1

On October 11, 2016, Plaintiffs expert disclosure deadline was extended to
November 28, 2016, and Defendant's expert disclosure deadline was extended to
January 6, 2017. 2
The Scheduling Order was supplemented by Court order of May 25, 2016, 3
and March 6, 2017. 4
Plaintiff served an Expert Disclosure on November 28, 2016, and filed an
Amended Expert Disclosure on March 10, 201 7, naming treating physicians
Jennifer Dodge, M.D., David Heetderks, M.D., John Michelotti, M.D., Allen
Weinert, M.D., Steven Speth, M.D., Gene Slocum, M.D., and Jamey Williams,
P.T. as non-retained experts. 5
Defendant served an Expert Disclosure on January 6, 2017, and filed an
Amended Expert Disclosure on March 9, 2017, naming Lowell Anderson, M.D.,
Gene Slocum, M.D., and Steven Speth, M.D. as non-retained experts. 6

1

Doc. 15 at 1-2.

2

Doc. 18.

3

Doc. 16.

4

Doc. 28.

5

Doc. 33.

6

Doc. 32.
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To assist the Court in addressing potential issues related to expert witness
testimony to be offered at trial:
ORDERED:

Notwithstanding and in supplement to expert witness disclosures previously
made and filed,
1.

Expert reports shall be provided from each treating physician who is

expected to provide testimony that may include any opinion not fully expressed in
the physician's medical records.
2.

Treating physician expert reports shall be filed and served by Plaintiff

on or before May 26, 2017. Such reports shall comply with Fed. R. Civ. P.
26(a)(2)(B), except that the physician need not disclose compensation paid unless
he or she is to be separately compensated for the study and preparation incident to
preparation of the report. The reports shall include:
a.

A separate statement of each opinion to be offered.

b.

Specific identification of and source citations to the record to

facts or data considered, referenced, or relied upon by the witness in
forming each of the opinions expressed.
c.

A separate statement of the bases and reasons for each of the

op1mons.
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All expert reports are to be complete, comprehensive, accurate, and tailored
to the issues on which the expert is expected to testify. An inadequate report or
disclosure may result in exclusion of the expert's opinions at trial even if the
expert has been deposed.
3.

Expert reports shall be provided from each non-retained expert

identified by Defendant who is expected to testify at trial. Such reports are to be
served and filed on or before May 26, 201 7, and must address and include all
information required by Fed. R. Civ. P. 26(a)(2)(A) and (C) and shall include:
a.

A separate statement of each opinion to be offered.

b.

Specific identification of and source citations to the record to

facts or data considered, referenced, or relied upon by the witness in
forming each of the opinions expressed.
c.

A separate statement of the bases and reasons for each of the

op1mons.
All expert reports are to be complete, comprehensive, accurate, and tailored
to the issues on which the expert is expected to testify. An inadequate report or
disclosure may result in exclusion of the expert's opinions at trial even if the
expert has been deposed.
4.

Each treating physician and each non-retained expert identified by
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Plaintiff or by Defendant shall file with his or her report all of his or her medical
records, or medical records of others in his or her possession, relating to the
treatment and care of Plaintiff for any claims or conditions asserted in this case.
Medical records shall be filed under seal if required by law.
DATED this /

.$'.tiy

of April, 2017.

~~t)l'Y)
United States District Judge

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