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Cumberland Hill Homeowners' Association v. QBE Insurance Corporation

United States District Court, D. Montana, Billings Division

October 7, 2019

CUMBERLAND HILL HOMEOWNERS' ASSOCIATION, aka Cumberland Hill Townhome Association, Plaintiff,
v.
QBE INSURANCE CORPORATION, COMMUNITY ASSOCIATION UNDERWRITERS OF AMERICA, INC., JOHN DOES 1-V, Defendants.

          ORDER DENYING MOTION TO STRIKE EXPERT

          TIMOTHY J. CAVAN, United States Magistrate Judge

         Pending before the Court is Defendants' Motion to Strike Plaintiff's Expert Jerry Jones. (Doc. 28). The motion is fully briefed and ripe for the Court's review.

         Having considered the parties' submissions, the Court finds the motion should be DENIED.

          I. BACKGROUND

         On March 12, 2019, the Court issued a Scheduling Order setting deadlines for expert disclosures. (Doc. 27.) The discovery deadline is currently set for October 23, 2019. (Id.)

         On August 12, 2019, Plaintiff served its expert disclosure on Defendants. (Doc. 29-2.) Plaintiff identified two experts, Jerry Jones and Larry Reed. (Id. at 2.) Defendants now move to strike the opinion of Mr. Jones on grounds that his expert disclosure is insufficient under Federal Rule of Civil Procedure 26(a)(2)(B). Defendants argue Mr. Jones' report should be stricken because it does not adequately specify the facts or data he relied upon in forming his opinions. Defendants further point out that Mr. Jones' report does not include a list of all other cases in which he testified as an expert witness during the last four years.

         Plaintiff counters that Mr. Jones' report sufficiently sets forth the grounds for his opinion, which includes his knowledge, education, experience, and training; a personal site inspection; and all documents produced during the course of discovery, including the Third Supplemental Claim filed by Plaintiff. Plaintiff also provided a supplemental report from Mr. Jones to clarify the information Mr. Jones used in reaching his opinions. (Doc. 30-2.) Defendants maintain that the supplemental report does not cure the inadequacies in his initial report.

         II. ANALYSIS

         Rule 26 provides that written expert reports must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;
(ii) the facts or data considered by the witness in forming them;
(iii) any exhibits that will be used to summarize or support them;
(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;
(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial ...

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