Dean v. Gage County, Nebraska, et al

Filing 477

MEMORANDUM AND ORDER that the plaintiffs' motion for leave to disclose an additional expert witness (Filing No. 470 in lead case) is denied. Member Cases: 4:09-cv-03144-RGK-CRZ et al. Ordered by Senior Judge Richard G. Kopf. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
)
)
Plaintiff,
)
v.
)
RICHARD T. SMITH, et al.,
)
Defendants.
)
LOIS P. WHITE, as Personal
)
Representative of the Estate of
)
Joseph White, deceased,
)
Plaintiff,
)
v.
COUNTY OF GAGE, NEBRASKA, et al., )
)
Defendants.
)
KATHLEEN A. GONZALEZ,
)
Plaintiff,
)
v.
)
RICHARD T. SMITH, et al.,
)
Defendants.
)
THOMAS W. WINSLOW,
)
Plaintiff,
)
v.
)
RICHARD T. SMITH, et al.,
)
Defendants.
)
ADA JOANN TAYLOR,
)
Plaintiff,
)
v.
)
RICHARD T. SMITH, et al.,
)
Defendants.
)
DEBRA SHELDEN,
)
Plaintiff,
)
v.
COUNTY OF GAGE, NEBRASKA, et al., )
)
Defendants.
JAMES L. DEAN,

4:09CV3144

4:09CV3145

4:09CV3146

4:09CV3147

4:09CV3148

4:11CV3099

MEMORANDUM AND ORDER

The plaintiffs in these consolidated cases have filed a motion for leave to
disclose an additional expert witness (Filing No. 470 in lead case). The plaintiffs state
that during the first trial of this matter, the defendant Wayne Price, who was not
disclosed as an expert witness, testified that false memories can be implanted only
with “long-term, long sessions over a long period of time,” and that the plaintiffs
“need to present testimony from an expert witness who has conducted significant
research in the specific area of memory” in order to rebut such testimony.
The testimony to which the plaintiffs take exception was elicited from Dr. Price
on direct examination by Herb Friedman, who is counsel for James Dean, one of the
plaintiffs. See Trial Transcript, p. 1479 (Filing No. 423 in lead case, at CM/ECF p.
224). Because the plaintiffs have failed to demonstrate the need for a rebuttal expert
in the upcoming trial, their motion will be denied.
IT IS ORDERED that the plaintiffs’ motion for leave to disclose an additional
expert witness (Filing No. 470 in lead case) is denied.
February 8, 2016.

BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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