POER v. UNITED STATES OF AMERICA

POER v. UNITED STATES OF AMERICA

Plaintiff:	DARRELL V. POER
Defendant:	UNITED STATES OF AMERICA
Case Number:	1:2018cv01622
Filed:	May 29, 2018
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Mark J. Dinsmore
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Personal Inj. Med. Malpractice
Cause of Action:	28 U.S.C. § 2671 Federal Tort Claims Act
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
March 25, 2020	Filing 64 ORDER - The Court GRANTS Mr. Poer's Motion for Leave to Serve Plaintiff's 2nd Supplemental Expert Witness Disclosure to Include Dr. Marc Thomas's Testimony Concerning Standard of Care, 52 ; GRANTS IN PART and DENIES IN PART the United States' Motion to Preclude Expert Testimony, 60 , such that Dr. Lee and Dr. Caldwell may only testify as fact witnesses, but Dr. Ansari may testify as a hybrid fact/expert witness as outlined above; DENIES the United States' Motion for Su mmary Judgment, 48 ; and ORDERS that DISCOVERY IS RE-OPENED until June 30, 2020, to the limited extent that the United States may depose Dr. Thomas and Dr. Ansari, or serve interrogatories, consistent with this Order if it so chooses. The Court not es that, while it has found that Mr. Poer's failure to disclose that Dr. Thomas would provide an opinion regarding the standard of care and his failure to describe in more detail the testimony of Dr. Ansari was harmless, the need to litigate the se issues would have been avoided had Mr. Poer's counsel ensured compliance with the letter of Rule 26 in the first place. The Court is disturbed by this lack of compliance, and expects and requires counsel to strictly comply with all rules and court orders in the future including at trial. The Court requests that the Magistrate Judge confer with the parties regarding a possible resolution of this matter in advance of the July 27, 2020 bench trial. (See Order). Signed by Judge Jane Magnus-Stinson on 3/25/2020. (JDH)

Date Filed

Document Text

March 25, 2020

Filing 64 ORDER - The Court GRANTS Mr. Poer's Motion for Leave to Serve Plaintiff's 2nd Supplemental Expert Witness Disclosure to Include Dr. Marc Thomas's Testimony Concerning Standard of Care, 52 ; GRANTS IN PART and DENIES IN PART the United States' Motion to Preclude Expert Testimony, 60 , such that Dr. Lee and Dr. Caldwell may only testify as fact witnesses, but Dr. Ansari may testify as a hybrid fact/expert witness as outlined above; DENIES the United States' Motion for Su mmary Judgment, 48 ; and ORDERS that DISCOVERY IS RE-OPENED until June 30, 2020, to the limited extent that the United States may depose Dr. Thomas and Dr. Ansari, or serve interrogatories, consistent with this Order if it so chooses. The Court not es that, while it has found that Mr. Poer's failure to disclose that Dr. Thomas would provide an opinion regarding the standard of care and his failure to describe in more detail the testimony of Dr. Ansari was harmless, the need to litigate the se issues would have been avoided had Mr. Poer's counsel ensured compliance with the letter of Rule 26 in the first place. The Court is disturbed by this lack of compliance, and expects and requires counsel to strictly comply with all rules and court orders in the future including at trial. The Court requests that the Magistrate Judge confer with the parties regarding a possible resolution of this matter in advance of the July 27, 2020 bench trial. (See Order). Signed by Judge Jane Magnus-Stinson on 3/25/2020. (JDH)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System

Search for this case: POER v. UNITED STATES OF AMERICA
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: DARRELL V. POER
Represented By:	C. David DuMond
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: UNITED STATES OF AMERICA
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?