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Smith v. First Family Financial Services, Inc.

United States District Court, S.D. Mississippi, Eastern Division
Jun 13, 2006
Civil Action No. 4:05CV98LR (S.D. Miss. Jun. 13, 2006)

Opinion

Civil Action No. 4:05CV98LR.

June 13, 2006


ORDER


This matter came before the court on the Motion to Strike Plaintiffs' Designation of Expert Witnesses by Union Security Life Insurance Company and American Security Insurance Company. The basis of the Motion is the Plaintiffs' failure to timely submit with their designation all of the material required by Fed.R.Civ.P. 26(a)(2) and Unif. Local R. 26.1(A)(2). That designation, which was due on or before April 21, 2006, should have included "a written report prepared and signed by the witness."

In response, the Plaintiffs cite numerous reasons that this matter has been delayed, none of which appear to be directly related to the failure to properly designate expert witnesses. The Plaintiffs' expert designation shall not be stricken at this time; however, the Plaintiffs shall file a complete expert designation, in accordance with Fed.R.Civ.P. 26(a)(2) and Unif. Local R. 26.1(A)(2), on or before June 23, 2006. Failure to serve complete designations will result in sanctions, which may include the striking of the Plaintiff's expert designations. See, e.g., Campbell v. McMillin, 83 F. Supp. 2d 761, 764 (S.D. Miss. 2000) (Judge Barbour affirming the striking of an expert witness for an improper designation and granting summary judgment based on the lack of medical evidence).

IT IS, THEREFORE, ORDERED that the Motion to Strike Plaintiffs' Designation of Expert Witnesses by Union Security Life Insurance Company and American Security Insurance Company is granted in part and denied in part, as further explained above.

IT IS SO ORDERED.


Summaries of

Smith v. First Family Financial Services, Inc.

United States District Court, S.D. Mississippi, Eastern Division
Jun 13, 2006
Civil Action No. 4:05CV98LR (S.D. Miss. Jun. 13, 2006)
Case details for

Smith v. First Family Financial Services, Inc.

Case Details

Full title:BONNIE SMITH, JAMES SMITH, BARBARA EVAN QUINN, ALNEDER PETTY, BERDINE H…

Court:United States District Court, S.D. Mississippi, Eastern Division

Date published: Jun 13, 2006

Citations

Civil Action No. 4:05CV98LR (S.D. Miss. Jun. 13, 2006)