United States District Court, D. Montana, Helena Division
MONTANA CITY MEATS, INC., and GARRY M. WHEELOCK, Plaintiff,
GARY HAMEL, Individually and as Bureau Chief of the Meat Inspection Bureau of the Montana Department of Livestock, MICHAEL HONEYCUTT, Individually and as the Executive Officer of the Montana Department of Livestock, MONTANA DEPARTMENT OF LIVESTOCK, a state agency of Montana, Defendants.
HADDON UNITED STATES DISTRICT JUDGE
10, 2016,  November 16, 2016,  March 6, 2017,
Court issued orders requiring disclosure of non-retained
experts. On March 10, 2017, Plaintiffs designated and
disclosed, among others, Garry M. Wheelock
(/'Wheelock") as a non-retained
expert. A separate disclosure, Plaintiffs'
Expert Disclosures, for Wheelock was filed the same
hearing to address pending issues, including non-retained
expert disclosures, was conducted on November 13, 2017. On
November 14, 2017, the Court issued its Memorandum and Order
which stated in part:
assessment of the several non-retained expert disclosures
made by Plaintiffs and filed on March 10, 2017, reveal that
the disclosures were deficient in at least the following
Wheelock (disclosed March 21, 2016, in Plaintiffs'
Preliminary Pretrial Statement).
i. The disclosure did not provide, as required by the
Court's Order of March 6, 2016, "specific
identification of and source citations to the record to facts
or data considered, referenced, or relied upon" in
ii. Part of the testimony that Plaintiffs represented that
this witness will address was identified to include: (1)
topics that would in substance call for statements of legal
opinion about which Wheelock would not be allowed to testify;
(2) opinions on matters relating to legal standards required
for labeling of meat for sale;(3) opinions on legal standards
for meat inspectors required by statute or state regulation;
(4) opinions on standards required by statute or regulation
for labeling of meat for sale; and (5) opinions on standards
required by statute or regulation for inspection of meat
prior to sale.
April 28, 2017, Defendants moved, with supporting brief,
exclude proposed expert testimony from "Wheelock
concerning (1) the standards for cleaning a processing
facility; (2) the standards by which processors are allowed
to rectify problems before being shut down; and (3) labeling
issues." Plaintiffs responded to the motion on May
12, 2017. Defendants filed a reply on May 26,
review of the record and the briefs filed in support and in
opposition to the motion to exclude Wheelock as an expert
witness at trial, and as provided in L.R. 7.1(d)(1)(D), the
Court has determined that address and ruling on the motion is
appropriate without further hearing.
Wheelock has not shown himself to be qualified to testify as
an expert at trial. Wheelock s work experience is limited. He
lacks adequate academic training or the practical experience
necessary to qualify as an expert in the field of meat
Wheelock will not be permitted to testify as an expert at the
Bench Trial limited to consideration of relevant issues of
federal law under 42 U.S.C. § 1983 set for March 12 and
Moreover, as stated in the Court's Memorandum and Order
of November 14, 2017,  Wheelock's non-retained expert
disclosure failed to comply with the Court's
disclosure Order of March 6, 2017. This failure to ...