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- cod;;1:16-cv-03000_de143 RegisterActionDate "2018-05-30" @default.
- cod;;1:16-cv-03000_de143 RegisterActionDescriptionText "ORDER granting 141 Amended MOTION to Clarify re 125 Discovery Hearing. The Court does not have the email or a transcript of the May 8, 2018 discovery dispute hearing. My recollection is that there was an expert report by a nurse retained by one or more defendant that was plainly insufficient under Rule 26((a)(2)(B), and I probably used that as an example. The Court's expectation for any retained expert is that his or her opinions be stated in a report compliant with that rule. That report, authored by a nurse who might not be familiar with the rule, was insufficient. I probably gave the parties until May 31, 2018 to supplement their testifying retained experts' reports, if necessary, to comply with the rule. I probably did this in the spirit of wanting both sides in this important case to be able to present their experts, and the jury to be able to hear from their experts, without exclusion because of an unnecessary failure to provide a sufficient report. I might have said (and if not I say it now) that the report would be the limit of what the expert could testify to, and if the opposing side takes a deposition of the expert and elicits new opinions not substantively set forth in the report, the party who hired the expert could not use the deposition testimony as an excuse to have the expert go beyond his or her report at trial. The Court suggests that the parties wait until after any and all supplements to the experts' reports are provided, i.e., to the conclusion of the business day on May 31, 2018. If the party has provided a report and/or a supplemental report for an expert, then the Court assumes that the party at least tentatively plans to call that expert at trial. The opposing party may then decide which, if any, of the experts they wish to depose. The Court will sua sponte extend the discovery cutoff to June 29, 2018 so that expert depositions can be scheduled to the reasonable convenience of the lawyers and the experts. By Judge R. Brooke Jackson on 5/30/18. Text Only Entry (rbjsec. ) (Entered: 05/30/2018)" @default.
- cod;;1:16-cv-03000_de143 AdministrativeID "144" @default.
- cod;;1:16-cv-03000_de143 OntologyLabel order @default.
- cod;;1:16-cv-03000_de143 hasReferenceToOtherEntry cod;;1:16-cv-03000_de124 @default.
- cod;;1:16-cv-03000_de143 hasReferenceToOtherEntry cod;;1:16-cv-03000_de140 @default.