Aidini v. Costco Wholesale Corporation

Filing 88

ORDER Directing Parties to Provide Supplemental Briefing with Respect to Plaintiff's Experts re 49 , 50 , 51 Motions in Limine. The stipulation or supplemental briefs are due on or before 12:00 noon on Friday, 4/14/2017. See Order for details. Signed by Judge Andrew P. Gordon on 4/11/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ARTANO AIDINI,

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Case No. 2:15-cv-00505-APG-GWF
Plaintiff,

v.
COSTCO WHOLESALE CORPORATION,
Defendant.

ORDER DIRECTING PARTIES TO
PROVIDE SUPPLEMENTAL
BRIEFING WITH RESPECT TO
PLAINTIFF’S EXPERTS
(ECF Nos. 49, 50, 51)

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Defendant Costco Wholesale Corporation moves to preclude plaintiff Artano Aidini from

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seeking damages for future medical treatment and expenses (ECF No. 49) and loss of earning

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capacity (ECF No. 50). Costco also seeks to limit the testimony of Aidini’s treating physicians

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(Drs. Morris and Pape) to their respective treatments of Aidini because Aidini did not provide

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expert reports for these witnesses (ECF No. 51).

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I am unequipped to rule on these motions at this time for several reasons. I do not know

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whether Aidini will attempt to establish future medical expenses and lost earnings based on

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physicians’ testimony that goes beyond that arising from their treatment. Aidini provided Costco

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with a report from treating physician Dr. Morris, but neither party provided me with that

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document. I also do not know from Costco’s motion regarding the treating physicians what

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opinions Costco is seeking to preclude. I thus cannot discern whether the treating physicians

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intend to opine on future medical expenses and lost earnings, and if so what those opinions will

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specifically consist of and their bases.

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IT IS THEREFORE ORDERED that the parties shall immediately meet and confer about

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these pending motions. The plaintiff’s counsel shall disclose exactly what opinions the treating

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physicians intend to offer at trial. To the extent the parties can agree on the specific opinions

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those physicians will render at trial, the parties shall submit a stipulation about them. If the

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parties cannot agree, then the parties shall file supplemental briefs as follows: (1) Aidini shall file

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a summary of each opinion that each treating physician intends to offer at trial, (2) Costco shall

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identify which of those opinions it seeks to exclude and why, and (3) each party shall file a brief

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of no more than four pages as to why each opinion is or is not admissible (including whether it

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was covered by Aidini’s prior disclosures) with supporting evidence. The stipulation or

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supplemental briefs are due on or before 12:00 noon on Friday, April 14, 2017.

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DATED this 11th day of April, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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