Bragg v. PARC Pigeon Forge, LLC

Filing 17

ORDER granting 10 Motion in Limine and granting 13 Motion to Amend/Correct. Signed by Magistrate Judge C Clifford Shirley, Jr on 10/14/14. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JEFFREY LEE BRAGG,

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Plaintiff,
v.

PARC PIGEON FORGE, LLC,
Defendant.

No. 3:13-cv-421
(VARLAN/SHIRLEY)

ORDER
All pretrial motions in this case have been referred to the undersigned pursuant to 28
U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the
District Court as may be appropriate. This case came before the Court on October 8, 2014
pursuant to Defendant’s Motion in Limine to Exclude Certain Testimony, Evidence, Arguments,
and/or Comments and to Suspend/Postpone Defendant's Expert Disclosure Deadline, [Doc. 10],
and Plaintiff’s Motion Amend Addendum. [Doc. 13]. Attorney Latisha J. Stubblefield was
present for the Defendant and attorney George G. Garrison appeared for the Plaintiff.
During oral argument, counsel informed the Court that Plaintiff had submitted expert
disclosures. However, defense counsel argued that the disclosures were at least twenty days late
and failed to comply with Federal Rule of Civil Procedure (“FRCP”) 26(a)(2)(C). Defense
counsel moved the Court to compel Plaintiff to produce expert disclosures that fully comply with
the FRCP 26(a)(2)(C) and specifically, to provide a summary of what each individual expert
witness will testify to, including any expert opinions regarding causal injuries, permanent
injuries, and Plaintiff’s permanent impairment rating.
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Defense counsel also requested an

extension of time to submit defense expert witness disclosures in light of Plaintiff’s noncompliance and resulting delay.
The Court finds the Defendant’s oral motion well-taken, and it is hereby GRANTED.
The Plaintiff shall have up to and including October 22, 2014 to file full and complete expert
disclosures in compliance with FRCP 26(a)(2)(C), specifically providing a summary of facts and
opinions as to which each expert witness will testify to, including any testimony regarding causal
injuries, permanent injuries, and Plaintiff’s permanent impairment rating. The Defendant must
provide expert disclosures by November 21, 2014. The discovery deadline is hereby extended
to December 11, 2014.
The Court interprets the Plaintiff’s Motion to Amend Addendum as a motion to amend
Ad Damnum. The Court finds this motion well-taken, and it is hereby GRANTED.
IT IS SO ORDERED.

ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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