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.