Opinion
Case No. 8:09-cv-321-T-33TBM.
April 20, 2010
ORDER
This matter comes before the Court pursuant to Defendant's Motion to Exclude Testimony of James B. Hall, M.D. (the "Motion" Doc. # 43), filed on March 29, 2010. Plaintiff failed to file a response in opposition to the Motion, and the time for Plaintiff to do so has expired.
In the Motion, Defendant seeks an order striking Plaintiff's "rebuttal" expert, James B. Hall, because (1) Hall was untimely disclosed (specifically, Plaintiff disclosed Hall five months late); (2) Hall's testimony is cumulative of Dr. Bloome, Plaintiff's chief expert witness; (3) Hall's testimony does not "rebut" or otherwise respond to Defendant's expert testimony; and (4) Hall's testimony is legally insufficient.
In light of the deficiencies pinpointed by Defendant and because Plaintiff completely failed to challenge the arguments asserted in the Motion, the Court grants the Motion. The Court, thus, strikes Hall as a rebuttal expert.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
Defendant's Motion to Exclude Testimony of James B. Hall, M.D. (Doc. # 43) is GRANTED. DONE and ORDERED in Chambers, in Tampa, Florida.