Lee v. City of Gallup et al

Filing 126

ORDER by District Judge Kenneth J. Gonzales granting in part 79 Motion to Exclude Plaintiff's Supplemental Expert Report. (tah)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DARRELL H. LEE, as Personal Representative of HAROLD LEE, Deceased Plaintiff, No. CV 15cv405 KG/KBM No. CV 15cv510 KG/KBM Consolidated v. UNITED STATES OF AMERICA, Defendant ORDER GRANTING IN PART DEFENDANT UNITED STATES OF AMERICA’S MOTION TO EXCLUDE PLAINTIFF’S SUPPLEMENTAL EXPERT REPORT This matter comes before the Court upon Defendant United States of America’s Motion to Exclude Plaintiff’s Expert Testimony on Causation and Plaintiff’s Supplemental Expert Report (“Motion”), filed on July 14, 2016. (Doc. 79). Plaintiff filed a response on August 8, 2016, and Defendant filed a response on August 25, 2016. (Docs. 86, 93). On July 27, 2017, the Court held a hearing on the Motion, with Paul Barber representing Plaintiff and Ruth Keegan representing Defendant. At the hearing, Defendant argued that Plaintiff violated FED. R. CIV. P. 26(a)(2)(D)(ii) by disclosing Plaintiff’s Supplemental Expert Witness Disclosure (“Supplemental Disclosure”) more than thirty days after Defendant’s expert witness disclosure. For the reasons stated on the record, the Court granted in part the Motion and excluded Plaintiff’s Supplemental Disclosure. Further, because Plaintiff’s expert witness was not present at the hearing, the Court granted Plaintiff’s request for a continuation of the hearing to rule on Defendant’s Motion to Exclude Expert Testimony on Causation. The Court will set a date to complete the hearing in a subsequent Order. IT IS SO ORDERED. ____________________________________ UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?