Dean v. Gage County, Nebraska, et al

Filing 199

ORDER denying (172) Motion to Exclude Reena Roy as an Expert Witness, (Filing No. 172 ); granting Plaintiffs' Motion to Compel Production of Documents, (Filing No. 176 ); granting Plaintiffs Joint Motion Ruling on Sufficiency of objections to requests for admission, (Filing No. 187 ).Motion Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES L. DEAN,
Plaintiffs,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.
CARROLL T. WHITE, as Personal
Representative of the Estate of Joseph White,
deceased;
Plaintiffs,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.
KATHLEEN A. GONZALEZ,
Plaintiff,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.

4:9CV3144
MEMORANDUM AND ORDER

4:9CV3145

4:9CV3146

THOMAS W. WINSLOW,
Plaintiff,

4:9CV3147

vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.
ADA JOANN TAYLOR,
Plaintiff,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.

4:9CV3148

DEB SHELDEN,
Plaintiff,
vs.
COUNTY OF GAGE, NEBRASKA, a
Nebraska political subdivision, et. al;
Defendants.

4:11CV3099

A hearing was held today on the defendants’ Motion to Exclude Reena Roy as an
Expert Witness, (Filing No. 172), Plaintiffs’ Motion to Compel Production of
Documents, (Filing No. 176), and Plaintiffs’ Joint Motion Ruling on Sufficiency of
objections to requests for admission, (Filing No. 187).
In addition to the evidence filed of record, the parties explained during the hearing
that a trial deposition of Dr. Reena Roy was taken after the defendants’ motion to
exclude was filed, Dr. Roy provided no opinion testimony on DNA testing during that
trial deposition, and the plaintiffs do not intend to elicit opinions from Dr. Roy on the
issue of DNA testing during the trial of this case.
Based on the evidence of record and the representations of counsel during the
hearing,
IT IS ORDERED:
1)

In accordance with the representations of plaintiffs’ counsel:
a.

b.

2)

The plaintiffs are precluded from offering any opinions held by Dr.
Reena Roy concerning DNA testing or the results of that testing in
2008 during the trial of this case. Defendants’ Motion to Exclude
Reena Roy as an Expert Witness, (Filing No. 172), is therefore
denied.
Although counsel agreed to raise all objections during Dr. Roy’s trial
deposition testimony, that deposition was taken prior to the entry of
this order. Therefore, any objection that Dr. Roy’s trial deposition
testimony exceeds the scope of this ruling was not waived by
defendants’ failure to raise that objection during the deposition. The
defendants remain able to object to Dr. Roy’s statements regarding
DNA in response to the plaintiffs’ pretrial designation of Dr. Roy’s
deposition testimony for use at trial.

The plaintiffs’ motion to compel, (Filing No. 176), is granted, and
a.

On or before September 26, 2013, the defendants shall produce to
the plaintiffs the complete personnel files maintained by the Gage

County Sheriff for Burdette Searcey, Gerald Lamkin, Jerry DeWitt
and Wayne Price from 1990 through the period of each individual
defendant’s employment with the Sheriff.
b.

3)

The personnel files of Burdette Searcey, Gerald Lamkin, Jerry
DeWitt and Wayne Price shall not be disclosed to anyone other than
the parties in the above-captioned cases and their counsel. If such
documents are to be offered in support of a motion, the parties shall
move to file them as restricted access documents and provisionally
file them as such pending an order of the court.

The Plaintiffs’ joint motion ruling on sufficiency of objections to requests
for admission, (Filing No. 187), is granted, and
a.

The defendants’ relevancy objections to plaintiffs’ Requests for
Admission (2d Set), (4:09CV3144, Filing No. 189-4), are overruled.

b.

On or before September 26, 2013, the defendants shall answer each
question posed in the plaintiffs’ Requests for Admission (2d Set).

4)

The clerk shall enter this order as a spread text order for the abovecaptioned cases.

5)

At the request of Judge Kopf, the clerk shall order an expedited transcript
of the hearing held today.

6)

Any objection to this memorandum and order shall be filed no later than
September 26, 2013.

September 12, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge