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)

Download PDF
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. -1- 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. -2- 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 -3- I

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?