Brown et al v. Celadon et al

Filing 44

ORDER granting 43 Joint MOTION for Relief. Signed by Magistrate Judge David Keesler on 5/12/2017. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-229-RJC-DCK
STEVEN MICHAEL BROWN and
SUSAN BROWN,
Plaintiffs,
v.
CELADON TRUCKING SERVICES, INC.,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on the parties’ “Joint Motion For Relief”
(Document No. 43) filed May 10, 2017. This motion has been referred to the undersigned
Magistrate Judge pursuant to 28 U.S.C. § 636(b), and is immediate review is appropriate. Having
carefully considered the motion and the record, noting consent of the parties, and having consulted
with Judge Conrad’s chamber, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that the “Joint Motion For Relief” (Document No. 43)
is GRANTED.
IT IS FURTHER ORDERED that
1.

In August and September 2017, Plaintiffs are permitted to take videotaped trial

depositions of the 22 treating physicians and health care providers disclosed in their Identification
of Experts dated December 29, 2016, and Plaintiffs are permitted to use the depositions at trial
under Rule 32 of the Federal Rules of Civil Procedure subject to the Federal Rules of Evidence.
Plaintiffs and Defendant shall mutually agree on the deposition dates.
2.

With Plaintiffs’ counsel present, Defendant’s counsel shall be permitted to

interview for up to 30 minutes each treating physician or health care provider immediately prior

to the videotaped trial deposition at the expense of Plaintiffs and/or shall be permitted to take a
discovery deposition of any such treating physician or health care provider in June and July 2017
at the expense of Defendant. Plaintiffs and Defendant shall mutually agree on the deposition dates.
3.

On May 9, 2017, for the treating physicians and health care providers disclosed in

their Identification of Experts, Plaintiffs’ counsel supplemented the Identification of Experts via
email by providing an additional summary of the facts and opinions to which the witness is
expected to testify. Plaintiffs shall now serve the same supplementation in a more formal
Supplemental Identification of Experts, to which Defendant has stated it does not intend to object.
4.

If Plaintiff Steven Brown is seen by any such treating physician or health care

provider prior to the discovery deposition or trial deposition, Mr. Brown shall provide Defendant
with a copy of any medical records (including diagnostic images) resulting from such visit within
10 business days after the visit or within 5 business days prior to the deposition, whichever is
earlier. At the same time that such records are provided to Defendant, Plaintiffs shall further
supplement their Supplemental Identification of Experts if such physician or provider has stated
new opinions in the records to which he/she is expected to testify.
5.

The remaining deadlines for motions and trial in the Pretrial Order and Case

Management Plan (D.E. 21) shall remain in effect.
SO ORDERED.

Signed: May 12, 2017

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