Opinion
2:20-cv-474-SPC-NPM
09-10-2021
MARY SAL RODRIGUEZ, Plaintiff, v. WALMART STORES EAST, L.P., Defendant.
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SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
Before the Court is the briefing on Defendant's Motion for Summary Judgment (Docs. 17; 20; 21). From the papers, it is clear Plaintiff intends to rely on her treating physician (Dr. Robert Getter) as a nonretained (hybrid) expert witness to establish medical causation-an element of her claim. On this record, it is unclear the extent to which Plaintiff disclosed Getter or his expected testimony. Defendant provided Plaintiff's Rule 26(a)(1) disclosures, which identify the practice group Getter works for. (Doc. 17-9 at 2). Yet it is unsettled whether that was the only disclosure of Getter. If so, the parties should address what affect (if any) that has on Plaintiff's use of Getter as a witness. If Plaintiff made other disclosures of Getter, the parties should address them.
Accordingly, it is now
ORDERED:
Defendant must FILE a supplemental brief, not to exceed five (5) pages on or before September 15, 2021, addressing the issues identified above. In response, Plaintiff must FILE a supplemental brief, not to exceed five (5) pages on or before September 20, 2021, addressing the issues identified above.
DONE and ORDERED.