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Cole v. Wilkerson

United States District Court, E.D. Michigan, Southern Division

October 5, 2017

GEORGÉ A. COLE, Plaintiff,
v.
ERIC WILKERSON, et al., Defendants.

          ORDER AMENDING CASE MANAGEMENT ORDER AND RESOLVING VARIOUS DISCOVERY MOTIONS

          MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.

         At a hearing on September 18, 2017, this Court heard arguments on the following motions:

• Defendants' Motion for Fourth Adjournment of Case Management Order Dates for a Period of Ninety (90) Days to Accommodate Facilitation Set for October 20, 2017 (ECF #30) (the “Motion for Adjournment”)
• Defendants' Motion to Strike Michael Meeron, DC as a Witness for Failure to Comply with Federal Rules of Civil Procedure Regarding Disclosure Including Fed.R.Civ.P. 26(a)(2)(B) and This Court's Order to Set Reasonable Fee for Deposition of Michael Meeron, D.C. (ECF #31) (the “Motion to Strike Witness”)
• Defendants' Motion to Compel Plaintiff to Provide a Rule 26(a)(2)(B) Report with Regard to Her Treating/Expert Physicians or to Preclude Them from Testifying at Trial (ECF #32) (the “Motion to Compel Rule 26(a)(2)(B) Report”)
• Defendants' Motion for an Order Requiring Eugene Cole to Appear and Show Cause Why He Should Not Be Held in Contempt for Non-Compliance with Defendants' Subpoena and to Assess Sanctions Against Plaintiffs Counsel (ECF #35, as amended in ECF #37) (the “Motion to Show Cause”)

         1. For the reasons stated on the record at the hearing on September 18, 2017, the Court resolves the Motion for Adjournment, Motion to Strike Witness, and Motion to Compel Rule 26(a)(2)(B) Report as follows:

         On or by October 16, 2017, Plaintiff Georgé Cole (“Cole”) shall submit to Defendants a fulsome, meaningful, and specific summary disclosure of opinions and facts pursuant to Fed. R. Civ. Pr. 26(a)(2)(C) for each of the following treating physicians: Dr. Martin B. Kornblum, Dr. Michael S. Meeron, Dr. M. Wednesday Hall, Dr. Jack Belen, and Dr. Stephen D. Mendelson.

         Defendants' depositions of Dr. Martin B. Kornblum, Dr. Michael S. Meeron, Dr. M. Wednesday Hall, Dr. Jack Belen, and Dr. Stephen D. Mendelson pursuant to Fed.R.Civ.P. 26(b)(4) shall be completed on or by December 15, 2017.

         All expert discovery shall be completed by January 29, 2018.

         Counsel for the parties shall confer regarding the fees to be paid to each expert witness and/or treating physician to be deposed. Disputes regarding the fee schedule shall be submitted to this Court for resolution.

         Given the rulings above,

• The Motion for Adjournment is DENIED as moot.
• The Motion to Strike Witness is DENIED ...

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