Aidini v. Costco Wholesale Corporation
Filing
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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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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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