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Vinson v. Department of Corrections

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

April 20, 2018

ANTONIO VINSON, Plaintiff,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS, STATE OF MICHIGAN, et al., Defendants.

          Sean F. Cox United States District Judge

          ORDER REGARDING DEFENDANT'S EMERGENCY MOTION TO STRIKE EXPERT REPORT OF NATHANIEL R. EVANS, II, M.D. AND PRECLUDE PLAINTIFF FROM OFFERING OR ELICITING TESTIMONY FROM DR. EVANS AND ANY OTHER EXPERT (DKT. 216)

          Stephanie Dawkins Davis United States Magistrate Judge

         I. Procedural History and Background

         Defendants, Taymour, Corizon Corporation, Rhodes, Lybarger, Jenkins and Miles (collectively referred to hereafter as “the Corizon defendants) filed this motion to strike the report of plaintiff's expert, Dr. Evans and to bar plaintiff from offering any expert testimony. In a previous motion, defendants sought the same relief. (Dkt. 182). In its December 1, 2017 Order, the Court denied defendant's request to preclude plaintiff from eliciting testimony from Dr. Evans and an as yet to be determined (at that time) vocational expert. (Dkt. 209). The Court did however, strike Dr. Evans' report because of its inclusion of legal conclusions, and ordered that plaintiff cover defendants' costs relating to the deposition of plaintiff's vocational expert as well as the costs of any supplemental briefing of the defendants' motion for summary judgment necessitated by information obtained through expert discovery. The Court also established the following deadlines for the parties to complete discovery relating to the Court's allowance of plaintiff's experts:

• Dr. Evans' Amended Report by December 8, 2017;
• Deposition of Dr. Evans by January 8, 2018;
• Naming of Plaintiff's Vocational Expert by December 8, 2017;
• Report of Plaintiff's Vocational Expert by December 22, 2017;
• Disclosure and Report Defendant's Vocational Expert by January 22, 2018;
• Deposition Plaintiff's Vocational Expert by January 22, 2018;
• Deposition of Defendant's Vocational Expert by February 6, 2018;
• Defendant's supplementation of summary judgment motion (if necessary) by February 20, 2018;
• Plaintiff's supplemental response (if necessary) by ...

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