Rieger v. State Farm Mutual Automobile Insurance Company

Filing 23

ORDER re 21 MOTION for Disclosure filed by Michael Rieger, 12 Scheduling Order. If Dr. Hale is to offer opinions not clearly expressed in her medical records, Plaintiff shall serve and file a revised report on or before April 14, 2 017. The revised report shall fully comply with Fed. R. Civ. P. 26(A)(2)(B) and this Court's Order of October 24, 2016, except that Dr. Hale need not disclose the compensation she is to be paid unless she is to be separately compensated for the study and preparation incident to preparation of the report. PLEASE REFERENCE ENTIRE ORDER FOR COMPLETE DETAILS. Signed by Judge Sam E Haddon on 4/5/2017. (HEG)

FILED
APR 0 5 2017
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
MICHAEL RIEGER,
Plaintiff,

No. CV 16-63-H-SEH

vs.

ORDER
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY, aka STATE FARM
INSURANCE, and STATE FARM
INDEMNITY COMP ANY,
Defendant.
Plaintiffs expert disclosures and reports were due to be filed on or before
March 31, 2017. 1

1

Doc. 12 at 2; Doc. 18 at 2-3.
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Plaintiff filed his Initial Disclosure 2 on March 31, 2017, which states
Plaintiffs only expert is a treating physician: Kerry Hale, M.D. (f/k/a Kerry Ford).
Plaintiff represents that Dr. Hale will testify to opinions not expressed in her
medical records. The disclosure was accompanied by a one-page report signed by
Dr. Hale. 3 The one-page report does not comport with the requirements of Fed. R.
Civ. P. 26(a)(2)(B) or this Court's Order of October 24, 2016. 4
ORDERED:
If Dr. Hale is to offer opinions not clearly expressed in her medical records,

Plaintiff shall serve and file a revised report on or before April 14, 2017. The
revised report shall fully comply with Fed. R. Civ. P. 26(a)(2)(B) and this Court's
Order of October 24, 2016, 5 except that Dr. Hale need not disclose the
compensation she is to be paid unless she is to be separately compensated for the
study and preparation incident to preparation of the report. The report shall
include:
a.

A separate statement of each opinion to be offered.

2

Doc. 21.

3

Doc. 21-1at3.

4

Doc. 12.

5

Doc. 12.
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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

opm10ns.
Expert reports are to be complete, comprehensive, accurate, and tailored to
the issues on which the expert is expected to testify.
DA TED this

~ay of April, 2017.

~/&&h'l

~~~DDON

United States District Judge

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