Free Response to Motion - District Court of Arizona - Arizona

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Daniel P. Struck, Bar #012377 Rachel Love Halvorson, Bar #019881 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-1700 Facsimile No.: (602) 263-1784 E-Mail: [email protected]; [email protected]

Attorneys for Defendants, Corrections Corporation of America and Stolc

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Cheryl Allred Plaintiff, v. Corrections Corporation of America, Inc.; Bruno Stolc Defendants.

NO. CIV 03-2343 PHX-DGC

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DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO STRIKE APPENDICES

Defendants, Corrections Corporation of America ("CCA") and Warden Stolc, hereby respond in opposition to Plaintiff's Motion to Strike Appendices [#154]. This Court should deny Plaintiff's Motion because the appendices to Dr. Esplin's report, which are merely supplements to his original report, are summaries of information reviewed and do not contain any opinions. Defendants retained Dr. Esplin to perform a psychological IME of Plaintiff. After conducting the IME of Plaintiff, on April 15, 2005, Defendants timely

Case 2:03-cv-02343-DGC

Document 166

Filed 01/17/2006

Page 1 of 3

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disclosed Dr. Esplin's report in compliance with F ED. R. C IV. P. 26(a)(2)(B). As discovery progressed in this case, Defendants provided Dr. Esplin with transcripts of witness depositions taken in the case, particularly with respect to Plaintiff's mental health providers as well as the United States Attorney, United States Marshal Service, United States Pretrial Services and United Probation Office officials who had contact with Plaintiff during the time period Plaintiff was advising the New Mexico District Court that she had been raped at CCA's Central Arizona Detention Center. Later, Dr. Esplin created Appendices A and B to his original report. These Appendices merely summarize the information Dr. Esplin reviewed, creating a timeline of events and a summary of varying accounts of the rape as reported by Plaintiff to various witnesses. That Dr. Esplin reviewed additional witness depositions and records, and such review did not change Dr. Esplin's opinions, was disclosed to Plaintiff in Defendants' TwentySecond and Twenty-Fourth Supplemental Disclosure Statements. The Appendices Plaintiff wishes to strike do not set forth any new opinions to be offered by Dr. Esplin. Rather, the appendices are merely summaries of information reviewed by Dr. Esplin. Because the appendices are supplements to Dr. Esplin's original report and there is no trial date yet set in this matter, the disclosure is not untimely. See F ED. R. C IV. P. 26(a)(2)(C); 26(e)(2). The delay of the disclosure of the factual summaries between the date Dr. Esplin prepared the appendices and the disclosures was due to the need for additional work to be done on the original draft of the appendices prior to disclosure and inadvertent error. Since there are no opinions expressed in the appendices, there is no need for additional expert discovery or depositions. Therefore, Plaintiff has suffered no prejudice as a result of being provided with Dr. Esplin's fact summaries on January 3, 2006.

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Based upon the foregoing, Defendants respectfully request this Court deny Plaintiff's M otion to Strike Appendices. DATED this 17th day of January, 2006. J ONES, S KELTON & H OCHULI, P.L.C.

By s/ Rachel Halvorson Daniel P. Struck Rachel Love Halvorson 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants, Corrections Correction of America and Stolc Filed electronically with the United States District Court, District of Arizona this 17 th day of January, 2006. COPY mailed even date to:

14 15 16 17 18 19 20 21 22 23 24 25 26 3 Case 2:03-cv-02343-DGC Document 166 Filed 01/17/2006 Page 3 of 3 Leon Schydlower, Esq L AW O FFICE O F L EON S CHYDLOWER 210 North Campbell Street El Paso, Texas 79901 and Brett Duke, Esq. L AW O FFICES OF B RETT D UKE 4157 Rio Bravo El Paso, Texas 79902 Attorneys for Plaintiff, Cheryl Allred s/ Carol S. Madden