United States District Court, D. Kansas
DEBRA G. HOPKINS, et al., Plaintiffs,
BOARD OF COUNTY COMMISSIONERS OF WILSON COUNTY, KANSAS,, Defendants.
MEMORANDUM & ORDER
L. Rushfelt U.S. Magistrate Judge
matter before the Court is on Plaintiff's Motion for
Relief from Order Excluding Plaintiffs' Experts (ECF
113). For the reasons below, the Court denies the motion.
November 13, 2016, the Court entered an Amended Scheduling
Order (ECF 83). Plaintiffs were to disclose her expert
witnesses on or before October 25, 2016, and they did so,
disclosing Dr. Paul Kurth, Erik Mitchell, M.D., and Shawn
Stanley, M.D. as experts. On November 2, 2016,
Defendants Advanced Correctional Healthcare, Inc., Heather
Decker, and Gary McIntosh (collectively, “ACH”)
filed a Motion to Strike Expert Witnesses (ECF 89), alleging
Plaintiff's expert disclosure violated Fed.R.Civ.P.
26(a)(2)(B). Plaintiffs did not respond to ACH's motion.
The Court then granted without objection ACH's motion to
strike, but gave Plaintiffs until January 6, 2017 to serve
expert witness designations that fully complied with Rule 26.
(ECF 93.) In between the Court's Order and January 6,
Plaintiffs sent Defendants: (1) Dr. Mitchell's Curriculum
Vitae, list of testimony, and fee schedule; and (2) Dr.
Kurth's Curriculum Vitae, list of testimony, and fee
schedule. (The Court was unaware of this exchange.) On
January 24, 2017, ACH filed another Motion to Exclude
Plaintiff's Experts (ECF 101), alleging Plaintiffs'
disclosures were still in violation of Rule 26(a)(2)(B).
Again, Plaintiffs did not respond to ACH's motion. The
Court therefore granted ACH's motion to exclude
Plaintiffs' experts, concluding that Plaintiffs chose not
to designate any expert witnesses for this case. (ECF 105.)
On March 6, 2016, Defendants Board of County Commissioners of
Wilson County, Kansas and Pete Figgins filed a Motion for
Summary Judgment (ECF 107). A week later, Plaintiffs filed
the instant motion, which many Defendants oppose.
federal rules do not recognize a motion to reconsider. A
litigant seeking reconsideration must file a motion to alter
or amend judgment pursuant to Fed.R.Civ.P. 59(e), or a motion
seeking relief from judgment under Fed.R.Civ.P.
60(b).” Under D. Kan. Rule 7.3(b), a party seeking
reconsideration of a non-dispositive order must file a motion
within 14 days after the order is filed, unless the Court
extends the time.
Rule of Civil Procedure 26(a)(2)(B) provides:
(B) Witnesses Who Must Provide a Written Report.
Unless otherwise stipulated or ordered by the court, this
disclosure must be accompanied by a written report-prepared
and signed by the witness-if the witness is one retained or
specially employed to provide expert testimony in the case or
one whose duties as the party's employee regularly
involve giving expert testimony. The report 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 or by
(vi) a statement of the compensation to be paid for the study
and testimony in the case.