Aidini v. Costco Wholesale Corporation
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:15-cv-00505-APG-GWF
COSTCO WHOLESALE CORPORATION,
ORDER DIRECTING PARTIES TO
BRIEFING WITH RESPECT TO
(ECF Nos. 49, 50, 51)
Defendant Costco Wholesale Corporation moves to preclude plaintiff Artano Aidini from
seeking damages for future medical treatment and expenses (ECF No. 49) and loss of earning
capacity (ECF No. 50). Costco also seeks to limit the testimony of Aidini’s treating physicians
(Drs. Morris and Pape) to their respective treatments of Aidini because Aidini did not provide
expert reports for these witnesses (ECF No. 51).
I am unequipped to rule on these motions at this time for several reasons. I do not know
whether Aidini will attempt to establish future medical expenses and lost earnings based on
physicians’ testimony that goes beyond that arising from their treatment. Aidini provided Costco
with a report from treating physician Dr. Morris, but neither party provided me with that
document. I also do not know from Costco’s motion regarding the treating physicians what
opinions Costco is seeking to preclude. I thus cannot discern whether the treating physicians
intend to opine on future medical expenses and lost earnings, and if so what those opinions will
specifically consist of and their bases.
IT IS THEREFORE ORDERED that the parties shall immediately meet and confer about
these pending motions. The plaintiff’s counsel shall disclose exactly what opinions the treating
physicians intend to offer at trial. To the extent the parties can agree on the specific opinions
those physicians will render at trial, the parties shall submit a stipulation about them. If the
parties cannot agree, then the parties shall file supplemental briefs as follows: (1) Aidini shall file
a summary of each opinion that each treating physician intends to offer at trial, (2) Costco shall
identify which of those opinions it seeks to exclude and why, and (3) each party shall file a brief
of no more than four pages as to why each opinion is or is not admissible (including whether it
was covered by Aidini’s prior disclosures) with supporting evidence. The stipulation or
supplemental briefs are due on or before 12:00 noon on Friday, April 14, 2017.
DATED this 11th day of April, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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