Finwall v. City of Chicago

239 F.R.D. 494, 2006 U.S. Dist. LEXIS 35387, 2006 WL 1491316
CourtDistrict Court, N.D. Illinois
DecidedMay 31, 2006
DocketNo. 04 C 4663
StatusPublished
Cited by32 cases

This text of 239 F.R.D. 494 (Finwall v. City of Chicago) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Finwall v. City of Chicago, 239 F.R.D. 494, 2006 U.S. Dist. LEXIS 35387, 2006 WL 1491316 (N.D. Ill. 2006).

Opinion

MEMORANDUM OPINION AND ORDER

JEFFREY COLE, United States Magistrate Judge.

INTRODUCTION

“ We live in a world of deadlines____ The practice of law is no exception.”

Raymond v. Ameritech Corp., 442 F.3d 600 (7th Cir.2006)

Throughout the range of the law, there are time limits imposed on litigants at every stage of the case: some are mandatory and admit of no deviations; others are more flexible. But in each instance, lawyers who do not pay heed to deadlines do so at substantial peril to their and their clients’ interests. Even a day’s delay can be fatal. Raymond, 442 F.3d at 600; Reales v. Consolidated Rail Corp., 84 F.3d 993, 996 (7th Cir.1996).1 Indeed, as Judge Easterbrook has warned, ignoring deadlines is the surest way to lose a ease. United States v. Golden Elevator, Inc., 27 F.3d 301, 302 (7th Cir.1994). See also Harris v. Owens-Corning Fiberglas Corp., 102 F.3d 1429, 1433 (7th Cir.1996).

Adherence to deadlines for disclosure of expert witnesses and their reports under Rule 26(a)(2) is especially important. Nonetheless, according to the City of Chicago, the plaintiff has ignored the expert discovery deadlines set by Judge Manning and is unapologetic for its flagrant noncompliance. Not surprisingly, the City of Chicago has moved to bar the testimony of four expert witnesses of the plaintiff. See Rule 37(c)(1) Federal Rules of Civil Procedure.

I.

BACKGROUND

Plaintiff filed the underlying suit on July 15, 2004, claiming that he was falsely arrested by the defendants. The allegation arises out of events occurring on March 24, 2001 and April 5, 2001. On the 24th, a man allegedly approached a girl and asked her if she wanted to go on a field trip. On April 5th, a man allegedly approached a girl, asked her if she wanted candy, and grabbed her arm. The plaintiff became a suspect in both of these incidents, was arrested, and prosecuted for child abduction. His trial resulted in an acquittal. (Complaint, 1140). Plaintiff claims that Chicago Police officers manipulated information in their report in order to facilitate his arrest. (Plaintiffs Response to Defendants’ Motion to Bar, at 2-4). In support of his case, plaintiff has tendered four expert witnesses: John Edward Mundt, Ph. D., a licensed clinical psychologist; Wayne Anderson, an automotive mechanic; Dr. Sol[497]*497omon Fulero, an expert in eyewitness identification; and Paul Palumbo, a criminologist. (.Defendants’ Motion to Bar, Exs. D-H). The defendants have moved to bar the opinions of those four expert witnesses for plaintiffs failure to comply with the disclosure requirements of Rule 26(a)(2) in a timely manner.

A.

The Discovery Schedule

Judge Manning set the initial timetable for discovery on February 18, 2005. Fact discovery was to close on September 1, 2005, and expert discovery was to close October 1, 2005. (Defendants’ Motion to Bar, Ex. A (Dkt. # 29)). The parties jointly sought an extension of these deadlines on July 27, 2005, and, on August 2, 2005, Judge Manning revisited her scheduling order and granted what she described as a “generous extension” of the fact and expert discovery cutoffs. She allowed fact discovery to be extended until November 25, 2005, and expert discovery to January 15, 2006. Judge Manning made it clear that the court would “not entertain further requests for extensions” and admonished counsel to “ensure that discovery is completed by the cut off.” (Defendants’ Motion to Bar, Ex. B (Dkt. # 35)). This schedule was amended, ever so slightly, pursuant to the agreement of the parties on November 22, 2005, when Judge Manning permitted a very limited extension covering just three additional fact discovery depositions to be completed before December 16, 2005. (Defendants’ Motion to Bar, Ex. C, (Transcript of 11/22/05)). In that proceeding, counsel for the plaintiff assured the court that this final extension would not push back any of the other deadlines, including the expert discovery deadline of January 15, 2006. (Id.). Judge Manning then referred all further supervision of discovery matters, rulings on nondispositive pretrial motions, and participation in settlement discussions to me.

B.

Plaintiffs Production of His Expert Witness Reports

The plaintiff did not manage to make his expert witness disclosures until over a month later. On December 28, 2005, twelve business days prior to the expert discovery deadline, defendants received psychologist John Mundt’s expert report via facsimile. (Plaintiffs Response to Defendants’ Motion to Bar, at 5). Plaintiff does not dispute that Dr. Mundt’s report did not include his curriculum vitae, a prior list of cases in which he was employed as an expert, or a reference to rate of compensation for services—all of which are required under Rule 26(a)(2)(B). (Defendants’ Motion to Bar, at 2; Plaintiffs Response to Defendants’ Motion to Bar, at 5; Ex. A).

In the cover letter to the Mundt report, plaintiff promised Dr. Mundt’s CV would be coming soon, but made no mention of the fee schedule or case list. Plaintiff also suggested that dates for a deposition might be discussed. On January 6, 2006, five business days before the close of expert discovery, defendants received a fax of Dr. Mundt’s curriculum vitae and a copy of an invoice for his services but, to date, it is undisputed that defendants have not yet received a list of prior cases in which he gave expert opinions or testimony. (Defendants’ Motion to Bar, at 2; Plaintiffs Response to Defendants’ Motion to Bar, at 9-10). According to plaintiff, this is because Dr. Mundt has never served as an expert in any case over the last four years.

Also in the cover letter to Dr. Mundt’s report, plaintiff indicated that he anticipated producing other expert reports by January 6th, but none were forthcoming by that date. The next report defendants received was Wayne Anderson’s report, on January 9, 2005, less than a week before the close of expert discovery. (Defendants’ Motion to Bar, at 2). Mr. Anderson’s report consisted of an invoice, a resumé, and a one-paragraph letter written by Mr. Anderson. Mr. Anderson proposed to give an opinion regarding the paint finishes on cars fading in the sun, although he admitted that “[n]o one can say exactly how much color fade would occur.” (Defendants’ Motion to Bar, Ex. F, at 1). There was no listing of prior cases in which Mr. Anderson acted as an expert witness. Then, on the afternoon of Friday, January 13th—one day before the close of expert discovery—the defendants received two additional expert witness reports, from Solomon Fulero and Paul Palumbo. Dr. [498]*498Fulero criticized the techniques the defendants employed in assembling eye-witness testimony in plaintiffs ease, and Mr.

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239 F.R.D. 494, 2006 U.S. Dist. LEXIS 35387, 2006 WL 1491316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finwall-v-city-of-chicago-ilnd-2006.