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Knudson v. American Steamship Co.

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

February 15, 2018

JEFFREY TODD KNUDSON, Plaintiff,
v.
AMERICAN STEAMSHIP COMPANY, ET AL., Defendants.

          George Caram Steeh District Judge

          OPINION AND ORDER

          R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE

         This is a seaman's personal injury action brought under the Jones Act, 46 U.S.C. § 30104.[1] Before the Court is Defendant's Motion to Strike Untimely Expert Reports of Paul Macellari and Maureen Ziegler and Related Testimony [Doc. #80]. For the reasons discussed below, the motion will be GRANTED IN PART AND DENIED IN PART, specifically, GRANTED as to Maureen Ziegler and DENIED as to Paul Macellari.

         I. FACTS

         Mr. Knudson, a seaman who was employed on Defendant's vessel, was injured during the course of his employment as the result of a fall from a height of 30 feet.

         Consequently, the nature and extent of his injuries and work limitations, as well as the prognosis and course of required treatment, are at issue. Both parties have retained experts to address these and other issues.

         The Court's latest stipulated scheduling order [Doc. #30] set the following dates:

Plaintiff's expert disclosure-June 6, 2016 Defendant's expert disclosure-September 15, 2016
Rebuttal expert disclosures:-November 1, 2016
Discovery cut-off-April 14, 2017.
The order also provided that “[n]o further requests to adjourn dates by stipulation will be granted.”

         Plaintiff timely filed his initial expert disclosure on March 9, 2016. The disclosure identified a number of experts, including Dr. Paul Macellari, a neuropsychologist, Dr. Kevin Krystal, a physical therapist, as well as a vocational rehabilitation expert and the Plaintiff's primary care physician. It did not identify occupational therapist Maureen Ziegler. Plaintiff did not provide a written report from Dr. Macellari at that time, but provided a written report, dated October 27, 2016, on November 1, 2016. Defendant characterizes this as a “rebuttal report.”[2] As such, it was filed timely under the scheduling order.

         Dr. Macellari subsequently prepared a supplemental report, dated December 29, 2016, which was provided to defense counsel on March 20, 2017. It is this supplemental report that Defendant seeks to exclude. Defendant argues that “Dr. Macellari's supplemental report and Ms. Ziegler's functional capacity evaluation change the nature of the claims tht the plaintiff intends to pursue at trial....” Motion, at 8, Pg. ID 1695.

         II. ...


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