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Davis v. Safeway Inc.

United States District Court, D. Montana, Helena Division

April 13, 2017

KAREN DAVIS, Plaintiff,
v.
SAFEWAY, INC., Defendant.

          ORDER

          SAM E. HADDON, United States District Judge

         The Scheduling Order of April 26, 2016, set several pretrial disclosure deadlines, including:

Plaintiff shall disclose, and provide Fed.R.Civ.P. 26(a)(2) reports of, liability and damage experts on or before: September 30. 2016
Defendant shall disclose, and provide Fed.R.Civ.P. 26(a)(2) reports of, liability and damage experts on or before: October 28. 2016
Proposed final pretrial order on or before: May 26. 2017[1]

         On October 11, 2016, Plaintiffs expert disclosure deadline was extended to November 28, 2016, and Defendant's expert disclosure deadline was extended to January 6, 2017.[2]

         The Scheduling Order was supplemented by Court order of May 25, 2016, [3]and March 6, 2017.[4]

         Plaintiff served an Expert Disclosure on November 28, 2016, and filed an Amended Expert Disclosure on March 10, 2017, naming treating physicians Jennifer Dodge, M.D., David Heetderks, M.D., John Michelotti, M.D., Allen Weinert, M.D., Steven Speth, M.D., Gene Slocum, M.D., and Jamey Williams, P.T. as non-retained experts.[5]

         Defendant served an Expert Disclosure on January 6, 2017, and filed an Amended Expert Disclosure on March 9, 2017, naming Lowell Anderson, M.D., Gene Slocum, M.D., and Steven Speth, M.D. as non-retained experts.[6]

         To assist the Court in addressing potential issues related to expert witness testimony to be offered at trial:

         ORDERED:

         Notwithstanding and in supplement to expert witness disclosures previously made and filed, 1. Expert reports shall be provided from each treating physician who is expected to provide testimony that may include any opinion not fully expressed in the physician's medical records.

         2. Treating physician expert reports shall be filed and served by Plaintiff on or before May 26, 2017. Such reports shall comply with Fed.R.Civ.P. 26(a)(2)(B), except that the physician need not disclose compensation paid unless he or she is to be separately compensated for the study ...


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