Cole v. Risperdal Manufacturer

Filing 236

ORDER DENYING 233 Motion to Supplement and DENYING 234 Motion for Leave to File an expert report, signed by Chief Judge William C Griesbach on 10/25/2018. SEE ORDER FOR FULL DETAIL. (cc: all counsel; Cole via U.S. Mail) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
REGINALD S COLE, JR,
Plaintiff,
v.

Case No. 15-C-0057

JANSSEN PHARMACEUTICALS INC,
Defendant.

ORDER DENYING MOTION TO SUPPLEMENT OR CORRECT RECORD

Plaintiff Reginald Cole, Jr. has filed a motion to supplement or correct the record on appeal
in the above matter. He has also filed a motion for leave to file expert reports by one of the
psychologists or psychiatrists that treated him back in 2013. Specifically, he asked to supplement
the record with reports of Ralph Froelich, M.D.
Rule 10(e) of the Federal Rules of Appellate Procedure authorizes the district court to
correct or modify a record on motion of one of the parties if there is any difference between what
truly occurred in the district court and what is reflected in the record. The rule also authorizes the
district court to supplement the record with information or evidence material to either party that is
omitted or misstated in the record by error or accident. Fed. R. App. P. 10(e)(1) and (2).
In this case, Cole’s motion will be denied. The only report he identifies is the October 2,
2013 psychiatric report by Dr. Froelich that is already part of the record. See ECF 137-1 at 170.
Since that is the only document that he identifies and it is already a part of the record before the
court, the motion to supplement or leave to file should be and hereby is DENIED.
SO ORDERED this

25th

day of October, 2018.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
U.S. District Court