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Britt v. Buffalo Municipal Housing Authority

March 21, 2008

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, PLAINTIFF,
v.
BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

This case was referred to the undersigned by the Hon. William M. Skretny, in accordance with 28 U.S.C. § 636(b)(1)(A), for all pretrial matters, and for hearing and disposition of all non-dispositive motions or applications. Dkt. #6.

Currently before the Court is a motion brought by defendants Nelda Lawler, M.D. and Teresa Chau, M.D. to preclude, pursuant to Fed. R. Civ. P. 37, plaintiff's experts from offering testimony due to plaintiff's failure to timely and adequately serve expert disclosure. Dkt. #151.*fn1 Defendants also request an extension of time to serve their expert disclosure and to conduct expert depositions in accordance with Fed. R. Civ. P. 26(a)(2). Dkt. #153.*fn2 Plaintiff responded to the motion by moving for an extension of time to serve expert disclosure and conduct expert depositions. Dkt. #173.

Fed. R. Civ. P 16(b) requires that the district court enter a scheduling order setting deadlines for, inter alia, completion of discovery. This Court's most recent Case Management Order set March 2, 2007 as the deadline for plaintiff to identify any expert witnesses who may be used at trial and provide reports pursuant to Fed. R. Civ. P. 26(a)(2)(B). Dkt. #89. Rule 26(a)(2) of the Federal Rules of Civil Procedure provides as follows:

(A) In General

In addition to the disclosures required by Rule 26(a)(1), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 803, or 705.

(B) 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 data or other information 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 four years, the witness testified as an expert ...


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