Opinion
CIVIL ACTION NO. 02-342, SECTION "K"(5).
May 7, 2003.
MINUTE ENTRY
ORDER AND REASONS
Defendant has moved to exclude plaintiff's expert, Dr. Duffourc, and expert report on the basis that the plaintiff did not comply with the provisions of Federal Rule 26, as it does not, inter alia, contain any information about his qualifications, compensation, or a listing of other cases in which he has testified. Moreover, the defendant argues that the report is a mere recitation of treatment notes, and that he should be precluded from giving any opinions as to the plaintiffs condition after May 31, 2001, as he did not see her from May 31, 2001, until January 17, 2003.
The Court has reviewed the report and plaintiff shall immediately provide to the defendant the information required to be provided under Rule 26(a)(2)(b).
The report is primarily a recitation of the plaintiff s complaints and his diagnosing treatment, thereof. The report does not contain an opinion that the depression was caused by the termination. However, the doctor may testify as to his treatment of the plaintiff in order for her to prove that she reasonably believed that she was disabled. And further, the plaintiff may elicit testimony from the doctor that she complained of depression and sought treatment for it after her termination, albeit substantially after suit had been filed. The jury will receive a limiting instruction that any depression before the termination is not actionable and the Court reiterates that the primary purpose of the doctor's testimony is to allow the plaintiff to prove that she reasonably believed she was disabled. The only visit that relates to damages is her January 17, 2003 visit, however, the doctor will not be able to testify as to causation.