Free Reply to Response to Motion - District Court of Connecticut - Connecticut

f Case 3: 3#cv—00988—RNC Document 25 Filed 05/28/2004 Page10f4
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UNITED STATES DISTRICTNEAURT m vqy
DISTRICT OF CONNECTIQpT“qj@%YY¤QY“
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EILEEN STOEHR and FREDERICK ) ‘“`
STOEHR, )
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Plaintiffs, ) CIVIL ACTION NO. i
_ V- ) 303CV00988 (RNC) {
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UNITED INDUSTRIES CORPORATION, )
) MAY 28, 2004
Defendant. )
UNIT D INDUSTRIES CORP.’S CONDITIONAL CONSENT TO PLAINTIFFS’
MOTION TO PRODUCE EXPERT REPORTS OUT OF TIME
De endant United Industries Corp. (“United") conditionally
consent to Plaintiff’s pending motion to produce expert reports
out of gime. United's consent is conditioned upon Plaintiff’s
experts testimony being limited to the views expressed in the
medical reports previously provided in discovery. United objects
to any dditional or different views from these experts beyond
that pr viously disclosed.
Th Court’s Case Management Plan required the Plaintiff to
disclos expert reports by April 19, 2004. The Case Management
Plan de ines an expert witness as anyone — including a treating
physici n — who may be used at trial to present evidence
pursuanp to Rules 702, 703, or 705 of the Federal Rules of
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Case 3+3-cv-00986:5kNC Document 25 Filed 05/2@$OO4 Page 2 of 4
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Eviden%e. This schedule may be changed only “upon a showing of i
good cTuse.” Federal Rule of Civil Procedure l6(b). In this g
case, Qlaintiff has not shown, or even purported to show, good _
CEILISG. ]
Ne%ertheless, in light of plaintiff's January 6, 2004 I
disclos re of substantive medical records from Dr. Donald Greene
and Dr.YSuguru Imaeda in response to United's discovery
requests, United is willing to consent to the plaintiff’s
belatediproduction of supplemental information in order to i
comply gith the form of expert reports set forth by Rule
26(a)(2b(B) so long as these witnesses are precluded from
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offerin any testimony that is in addition to or different from
the inf rmation provided in their medical record reports.
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Case 3:03-cv—OO98€~|5§NC Document 25 Filed 05/2<8/$004 Page30f4
The doduments that United understands to be these reports are
attachdd as Exhibit A (Dr. Greene) and Exhibit B (Dr. Imaeda). -
United Industries Corporation
l By McCarter & English, LLC
U Its Attorneys
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i a id A. Reif (CT#00244)
Allison A. Wood (CT#23257)
Cityplace I
185 Asylum Street, 36u‘Floor
Hartford, CT 06103
(860) 275—6700 J
(860) 724-3397 (fax)
I ‘ [email protected]
[email protected]
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Case 3:03-cv—OO98§3=I§lNC Document 25 Filed 05/$$004 Page 4 of 4
CERTIFICATE OF SERVICE l
This is to certify that a copy of the foregoing Defendant
United Industries Corporation’s UNITED INDUSTRIES CORP.'S
CONDITIONAL CONSENT TO PLAINTIFFS'MOTION TO PRODUCE EXPERT
REPORTS OUT OF TIME has been sent via facsimile, this 28th day
of May, 2004 to:
David N. Rosen `
400 Orange Street
New Haven, CT 06511 \ l
Allison A. Wood (CT232 7) i
HARTFORD: s1ssaz.o1
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