Free Expert Witness Designation - District Court of Colorado - Colorado

Case 1:00-cv-02285-JLK-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-2285-JLK-CBS GREGORY A. STROCK Plaintiff, v. USA CYCLING, INC., UNITED STATES CYCLING FEDERATION, INC., RENE WENZEL and ANGUS FRASER, Defendants. and Civil Action No. 01-cv-2444-JLK-CBS ERICH L. KAITER Plaintiff, v. USA CYCLING, INC., UNITED STATES CYCLING FEDERATION, INC., RENE WENZEL and ANGUS FRASER, Defendants.

DEFENDANTS' JOINT EXPERT DESIGNATION

Defendants, USA CYCLING, INC. ("USAC") and UNITED STATES CYCLING FEDERATION ("USCF"), by their attorney, WILLIAM L. SENTER, of the law firm of SENTER GOLDFARB & RICE, L.L.C., and Defendant RENE WENZEL, by his attorney, REID B. KELLY, of the law firm THE KELLY LAW FIRM, pursuant to this Court's Orders

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of May 8, 2006 and May 25, 2006, hereby designate the following experts who will be called to testify at trial: A. Retained Experts ­ Fed.R.Civ.P. 26(a)(2)(B): 1. Michael Weissberg, M.D., University of Colorado Health Sciences Center, 4200

East 9th Avenue, Denver, Colorado 80262; telephone 303-315-8411. Dr. Weissberg's updated curriculum vitae and list of publications over the past 10 years is attached hereto as Exhibit A. Dr. Weissberg's updated list of trial and deposition testimony for the past four (4) years is attached hereto as Exhibit B. Dr. Weissberg's fee is $295 per hour for his services in this matter. Dr. Weissberg's report has previously been provided. 2. Robin Dee Post, Ph.D., 3955 East Exposition Avenue, Suite 310, Denver, Dr. Post's curriculum vitae, list of trial and

Colorado 80209; telephone 303-777-9300.

deposition testimony for the past four (4) years, list of publications over the last ten (10) years, and narrative report have been previously provided. Dr. Post charges $200 per hour for her services in this matter. 3. Erwin W. Gelfand, M.D., National Jewish Medical & Research Center, 1400

Jackson Street, Room K801A, Denver, Colorado 80206; telephone 303-398-1196. Dr. Gelfand is Professor of Pediatrics and Immunology at the University of Colorado Health Sciences Center, as well as Chairman of the Department of Pediatrics at National Jewish Medical & Research Center in Denver. Dr. Gelfand's updated curriculum vitae and list of publications over the past ten (10) years is attached as Exhibit B. Dr. Gelfand's fee is $500 per hour for his services in this matter, and he has not testified at trial or deposition in the last four (4) years. His report has been previously provided.

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4.

Mark Kogan, M.D., Center for Digestive Disorders, 2089 Vale Road, Suite 33, Dr. Kogan's report has been provided

San Pablo, CA 94806; telephone (510) 234-5012.

previously. His rates are $500 per hour for review and $600 per hour for testimony with some minimums. 5. George "Joe" Friel, 11353 East Raintree Drive, Scottsdale, AZ 85255;

telephone (480) 767-9180. Mr. Friel's report has been provided previously. He charges $200 per hour for expert services. 6. Rick Crawford, 12189 C.R. 120, Hesperus, Colorado 81326; telephone (970)

259-3083. Mr. Crawford's report has been provided previously. His fees for his services in this matter are $200 per hour. B. Non-Retained Experts ­ Fed.R.Civ.P. 26(a)(2)(A): 1. David N. Bailey, M.D., University of California Medical Center, 225 Dickinson

Street (H-720-T), San Diego, California 92103; telephone 619-543-6386. Dr. Bailey is expected to testify consistent with his deposition in this matter. His testimony is expected to include, for example, that he was speculating when he diagnosed Plaintiff with parvovirus, that none of the doctors who examined Plaintiff in San Diego could demonstrate any of the symptoms of parvovirus, that Plaintiff was not suffering from a suppressed immune system when he was examined in San Diego, that the amount of performance enhancing drugs Plaintiff claims to have received would not have caused a suppressed immune system or an increased susceptibility to parvovirus, and that parvovirus should not have caused Plaintiff to retire from competitive cycling.

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2.

Kevin L. Murphy, M.D., Ph.D., 1900 Carew Street, Suite 6, Fort Wayne, Indiana

46805; telephone 219-482-5601. Dr. Murphy is expected to testify consistent with his deposition in this matter. His testimony is expected to include, for example, that Dr. Strock's depression was not caused by any conduct of the Defendants in this matter, and that Dr. Strock spoke to Dr. Murphy in October of 1996 about some issues he had been struggling with regarding performance enhancing drugs on the Junior National Team. 3. Angus Fraser, 6 Acredales; Linlithgow, Scotland EH49 6HY; telephone 0506-

845867. Mr. Fraser is expected to testify consistent with his affidavit provided in this matter, including the safety of the substances he administered to the Plaintiffs. 4. Michel Tregaro, M.D., 5622 Saint Jacut Les Pins, Brittany, France. Dr. Tregaro

is expected to testify regarding his meeting with Dr. Strock, the medicine he prescribed for him, and the safety of the medicine. 5. Rene Wenzel, 57111 North Bank Road, McKenzie Bridge, Oregon 97413;

telephone (541) 822-3517. Mr. Wenzel is one of the Defendants in these cases. He is expected to testify regarding the safety of his training program, including the supplements given to the Plaintiffs, as well as the strain placed upon the body by training and competing at elite levels in cycling. 6. Chris Carmichael, 110 Sierra Madre, Colorado Springs, Colorado 80903;

telephone (719) 635-0645. Mr. Carmichael is expected to testify regarding the safety of Mr. Wenzel's training program, including the supplements given to the Plaintiffs, as well as the strain placed upon by the body by training and competing at elite levels in cycling.

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7. 22-22.

Danielle Craigmyle, 2 Rue Beranger, 76003, Paris, France; telephone 01-49-96-

Ms. Craigmyle is expected to testify regarding Surelen, its make up, safety and

commercial history. 8. Jiri Mainus, USA Cycling, One Olympic Plaza, Colorado Springs, Colorado

80909; telephone (719) 578-4581. Mr. Mainus is expected to testify regarding the safety of the training program for the Plaintiffs while on the Junior National Team. Respectfully submitted this 23rd day of June, 2006.

/s William L. Senter William L. Senter SENTER GOLDFARB & RICE, L.L.C. Attorneys for Defendants ­ USA Cycling, Inc., and United States Cycling Federation, Inc. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: (303) 320-0509 E-mail: [email protected]

/s Reid B. Kelly _______________________________________ Reid B. Kelly The KELLY Law Firm Attorney for Defendant Rene Wenzel 4440 N. Pagosa Boulevard Pagosa Springs, CO 81147 Telephone: (970) 731-3710 E-mail: [email protected]

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 23rd day of June, 2006, I electronically filed the foregoing DEFENDANTS' JOINT EXPERT DESIGNATION with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: John Kenneth Pineau, Esq. [email protected] John W. McKendree, Esq. [email protected]

s/ Julie A. Kurth ___________________ Julie A. Kurth E-mail: [email protected] Secretary for Attorney William L. Senter

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