Opinion
TODD M. NOONAN (SBN 172962) DLA PIPER LLP (US), Sacramento, CA, MATTHEW J. EVANS (admitted pro hac vice) JOHN W. ELDER (admitted pro hac vice) PAINE BICKERS, LLP, Knoxville, TN, Attorneys for Defendants, GENERAL ELECTRIC COMPANY, GE HEALTHCARE INC., and GE HEALTHCARE AS.
STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' MOTION TO EXCLUDE ALL EVIDENCE SUPPLIED BY DR. SHAWN COWPER DUE TO PLAINTIFFS' FAILURE TO PROPERLY DISCLOSE HIM AS THEIR RETAINED LITIGATION EXPERT WITNESS
ALLISON CLAIRE, Magistrate Judge.
Defendants GENERAL ELECTRIC COMPANY, GE HEALTHCARE INC. (incorrectly sued as GE Healthcare, Inc.), and GE HEALTHCARE AS (incorrectly sued as GE Healthcare, AS) (collectively "Defendants") and Plaintiffs Carson and Amy Hammersley ("Plaintiffs") hereby give notice that they have resolved the dispute presented in Defendants' Motion to Exclude All Evidence Supplied by Dr. Shawn Cowper Due to Plaintiffs' Failure to Properly Disclose Him as Their Retained Litigation Expert Witness. The Parties, through their counsel of record, agree and stipulate as follows:
1. Plaintiffs withdraw Dr. Shawn Cowper ("Dr. Cowper") as a witness in this matter.
2. Dr. Cowper shall not appear at trial, and Plaintiff shall be prohibited from using Dr. Cowper's pathology reports for Carson Hammersley or any other source of Dr. Cowper's case-specific opinions, on a motion, at a hearing, or at trial in this case.
3. Plaintiffs' witnesses, including but not limited to fact witnesses, percipient witnesses, and retained expert witnesses - shall be prohibited from relying on Dr. Cowper's pathology reports for Carson Hammersley or any other source of Dr. Cowper's case-specific opinions, for purposes of their opinions, conclusions, reports, statements, and testimony in this case.
4. Notwithstanding the foregoing, Plaintiffs' experts, including newly identified experts, shall not be prohibited from testifying about their own review of pathology slides reviewed by and/or stained by Dr. Cowper.
IT IS SO STIPULATED.
ORDER
Based upon the stipulation of the Parties as set forth herein, the Court ORDERS as follows:
1. The hearing on Defendants' Motion referenced above and scheduled for March 11, 2015, shall be removed from the Court's docket.
IT IS SO ORDERED.