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Jackson v. Teamsters Local Union 922

United States District Court, D. Columbia

December 7, 2015

RALPH JACKSON, et al., Plaintiffs,
v.
TEAMSTERS LOCAL UNION 922, et al., Defendants

          For RALPH JACKSON, LINDA MATHIS, DONNA WARD, ROBERT CICCARELLI, DONCHEZ COATES, WILLIAM CHRISTOPHER, SHARRON FOSTER, CHRIS MUNDELL, TIFFANY CHERRY, Plaintiffs: JoAnn P. Myles, LEAD ATTORNEY, LAW OFFICE OF JOANN P. MYLES, Largo, MD.

         For TEAMSTERS LOCAL UNION 922, Defendant: Diana M. Bardes, Richard C. Welch, LEAD ATTORNEYS, MOONEY, GREEN, SAINDON, MURPHY & WELCH, P.C., Washington, DC.

         For WAREHOUSE EMPLOYEES UNION LOCAL 730, Defendant: John R Mooney, LEAD ATTORNEY, MOONEY, GREEN, BAKER, SAINDON, PC, Washington, DC; Lauren Brady Powell, MOONEY, GREEN, SAINDON, MURPHY & WELCH, P.C., Washington, DC.

         For GIANT FOOD LLC, Defendant: Amanda C. Dupree, Jonathan C. Fritts, LEAD ATTORNEYS, MORGAN, LEWIS & BOCKUS LLP, Washington, DC.

Page 236

         MEMORANDUM OPINION AND ORDER

         JAMES E. BOASBERG, United States District Judge.

         Dr. Jerome S. Paige is Plaintiffs' expert on economic loss. Over a defense objection, the Court previously permitted him to submit amended reports, even though they constituted his third and fourth reports on the same topic. On July 8, 2015, after a discussion of this issue at a status hearing, the Court issued a Minute Order that, inter alia, precluded Paige from issuing any further reports beyond those four. Plaintiffs now ask the Court to revisit that ruling and to permit him to yet again supplement his reports. As the information he seeks to add was previously available and as Paige has already been given several extra bites at the apple, the Court will deny the Motion.

         I. Background

         Paige originally prepared a 78-page report, which was served on Defendants on January 30, 2015. See Opp. at 1; Corrected Reply (ECF No. 122) at 1. They conducted his deposition on June 15, but, at the beginning of that proceeding, Paige provided a modified report. See Opp. at 1; Corrected Reply at 2. On that same day, after the conclusion of the deposition, Plaintiffs sent Defendants two new amended reports, and they also indicated that Paige intended to produce another report in the future. See Opp. at 2; Corrected Reply at 1 n.1. At a status hearing on July 8, Defendants objected to these latest amended reports, but the Court, to accommodate Plaintiffs, permitted Paige to rely on the reports issued June 15. See Minute Order of July 8, 2015. In fairness to Defendants, the Court let them redepose Paige regarding those amended reports and at Plaintiffs' expense. See id. The Court, furthermore, expressly stated, " Plaintiffs' expert may issue no further reports [beyond those of June 15]." Id.

         The redeposition occurred on August 5 and concerned the amended report provided at the original deposition, as well as the two additional reports submitted later that same day. See Opp. at 2. Plaintiffs have now filed a Motion for Leave to File Supplemental Report -- i.e., a fifth report -- from the same expert. See ECF No. 111. Defendants, not surprisingly, oppose.

         II. Analysis

         In seeking leave to yet again supplement Paige's report, Plaintiffs first argue that Federal Rule of Civil Procedure 26(e)(1)(A) permits such supplementation, notwithstanding the Court's July 8 Order proscribing further reports. They are correct that Rule 26(e) governs supplementation of discovery disclosures and responses. Rule 26(e)(1)(A) concerns any disclosures (related to experts or not) under Rule 26(a) and requires a party to " supplement or correct its disclosure or response . . . in a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect . . . ." Rule 26(e)(2), conversely, applies only to experts and states: " For an expert whose report must be disclosed under Rule 26(a)(2)(B), the party's duty to supplement extends both to information included in the report and to information given during the expert's deposition. Any additions or changes to this information must be disclosed by the time the party's pretrial disclosures under Rule 26(a)(3) are due." Plaintiffs thus assert that they are doing no more than following the dictates of the rule.

         Defendants rejoin that Paige is not merely supplementing his report, as permitted by the Rule, but is instead attempting to improperly bolster such report by correcting the flaws highlighted in his August 5 deposition. See Opp. at ...


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