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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 ARTANO AIDINI, 5 6 7 8 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) 9 10 Defendant Costco Wholesale Corporation moves to preclude plaintiff Artano Aidini from 11 seeking damages for future medical treatment and expenses (ECF No. 49) and loss of earning 12 capacity (ECF No. 50). Costco also seeks to limit the testimony of Aidini’s treating physicians 13 (Drs. Morris and Pape) to their respective treatments of Aidini because Aidini did not provide 14 expert reports for these witnesses (ECF No. 51). 15 I am unequipped to rule on these motions at this time for several reasons. I do not know 16 whether Aidini will attempt to establish future medical expenses and lost earnings based on 17 physicians’ testimony that goes beyond that arising from their treatment. Aidini provided Costco 18 with a report from treating physician Dr. Morris, but neither party provided me with that 19 document. I also do not know from Costco’s motion regarding the treating physicians what 20 opinions Costco is seeking to preclude. I thus cannot discern whether the treating physicians 21 intend to opine on future medical expenses and lost earnings, and if so what those opinions will 22 specifically consist of and their bases. 23 IT IS THEREFORE ORDERED that the parties shall immediately meet and confer about 24 these pending motions. The plaintiff’s counsel shall disclose exactly what opinions the treating 25 physicians intend to offer at trial. To the extent the parties can agree on the specific opinions 26 those physicians will render at trial, the parties shall submit a stipulation about them. If the 27 parties cannot agree, then the parties shall file supplemental briefs as follows: (1) Aidini shall file 28 1 a summary of each opinion that each treating physician intends to offer at trial, (2) Costco shall 2 identify which of those opinions it seeks to exclude and why, and (3) each party shall file a brief 3 of no more than four pages as to why each opinion is or is not admissible (including whether it 4 was covered by Aidini’s prior disclosures) with supporting evidence. The stipulation or 5 supplemental briefs are due on or before 12:00 noon on Friday, April 14, 2017. 6 DATED this 11th day of April, 2017. 7 8 9 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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