Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hopkins v. Board of County Commissioners of Wilson County

United States District Court, D. Kansas

May 17, 2017

DEBRA G. HOPKINS, et al., Plaintiffs,
v.
BOARD OF COUNTY COMMISSIONERS OF WILSON COUNTY, KANSAS,, Defendants.

          MEMORANDUM & ORDER

          Gerald L. Rushfelt U.S. Magistrate Judge

         The 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.

         I. Background

         On 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.[1] 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[2] oppose.

         II. Legal Standard

         “The 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).”[3] 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.

         Federal 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 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 or by deposition; and
(vi) a statement of the compensation to be paid for the study and testimony in the case.

         III. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.