United States District Court, E.D. Michigan, Southern Division
Caram Steeh District Judge
OPINION AND ORDER
STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE
a seaman's personal injury action brought under the Jones
Act, 46 U.S.C. § 30104. 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.
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.
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.
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.”
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.” As such, it was filed timely
under the scheduling order.
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.