United States District Court, D. Montana, Billings Division
CUMBERLAND HILL HOMEOWNERS' ASSOCIATION, aka Cumberland Hill Townhome Association, Plaintiff,
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
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.
considered the parties' submissions, the Court finds the
motion should be DENIED.
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.
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.
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
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
(iii) any exhibits that will be used to summarize or support
(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 ...