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Escobar v. Airbus Helicopters SAS

United States District Court, D. Hawaii

October 7, 2016

VIOLETA ESCOBAR, also known as VIOLETA ESCOBAR CLINE, Individually and as Personal Representative for the ESTATE OF NATHAN CLINE, Deceased, Plaintiff,
v.
AIRBUS HELICOPTERS SAS, Defendant.

          ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT'S MOTION IN LIMINE NO. 6 TO PRECLUDE PLAINTIFF FROM RELYING ON OR REFERRING TO EVIDENCE AND/OR THEORIES NOT PREVIOUSLY DISCLOSED (ECF No. 216)

          Helen Gillmor, United States District Judge

         I. Defendant's Motion in Limine No. 6 (ECF No. 216)

         Defendant's Motion in Limine No. 6 (ECF No. 216) was filed on September 13, 2016. Defendant's Motion No. 6 seeks to preclude Plaintiff from presenting “any evidence, argument and/or theories at trial that depart from or attempt to supplement what is in Plaintiff's expert reports.” (Def.'s Motion at p. 1, ECF No. 216).

         Plaintiff filed an Opposition on September 20, 2016. (ECF No. 269). Plaintiff objects to Defendant's Motion to the extent that it precludes her from introducing or relying on documents in the possession of Defendant.

         II. Federal Rule of Civil Procedure 26(a)

         Rule 26 of the Federal Rules of Civil Procedure requires the parties to disclose the identities of each expert and, for retained experts, requires that the disclosure include the experts' written reports. Fed.R.Civ.P. 26(a)(2). The Parties must make their expert disclosures pursuant to the Court's scheduling order. Fed.R.Civ.P. 26(2)(D).

         Rule 26(a)(2)(B)(i) requires that the experts' written reports contain a complete statement of all opinions the witness will express and the basis for them. Hambrook v. Smith, Civ. No. 14-00132 ACK-KJM, 2016 WL 4084110, *2-*3 (D. Haw. Aug. 1, 2016) (citing Estate of Bojcic v. City of San Jose, 358 Fed.Appx. 906, 907 (9th Cir. 2009) and Ciomber v. Coop. Plus, Inc., 527 F.3d 635, 641 (7th Cir. 2008)).

         The Ninth Circuit Court of Appeals has explained that the Court's scheduling order and deadlines imposed by the Federal Rules of Civil Procedure are “to be taken seriously.” Janicki Logging Co. v. Mateer, 42 F.3d 561, 566 (9th Cir. 1994). Timely and careful compliance with expert disclosure requirements is essential both as a matter of fairness to litigants and as a matter of orderly procedure. Suzuki v. Helicopter Consultants of Maui, Inc., Civ. No. 13-00575JMS-KJM, 2016 WL 3753079, *6 (D. Haw. July 8, 2016).

         Expert witnesses may expand upon, supplement, elaborate, and explain their theories at trial, but the expert generally may not testify as to new opinions not contained in the expert report. Durham v. Cnty. of Maui, No. Civ. 08-00342 JMS-RLP, 2011 WL 2532423, at *7 (D. Haw. June 23, 2011); Bojcic, 358 Fed.Appx. at 907; Chiriboga v. Nat'l R.R. Passenger Corp., 2011 WL 2295281, at *5-*6 (N.D. Ill. June 9, 2011).

         III. Analysis

         A. The Portion of Defendant's Motion in Limine that Requests the Court Preclude Introduction of New Theories is Granted

         The Parties agree that neither party may introduce new theories at trial that were not previously disclosed. Plaintiff stated in her Opposition that “[t]o the extent that Airbus Helicopters argues that Plaintiff's experts should be precluded from relying on theories not previously disclosed, Plaintiff agrees that both parties' experts should be precluded from doing so.” (Pla.'s Opp. at p. 6, ECF No. 269).

         Defendant's Motion in Limine No. 6 to preclude Plaintiff from relying on theories that were not previously disclosed is GRANTED.

         Both Parties are precluded from relying on new theories at trial that ...


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