Griffith v. Northeast Illinois Regional Commuter Railroad

233 F.R.D. 513, 2006 U.S. Dist. LEXIS 6604, 2006 WL 436114
CourtDistrict Court, N.D. Illinois
DecidedFebruary 16, 2006
DocketNo. 04 C 7269
StatusPublished
Cited by2 cases

This text of 233 F.R.D. 513 (Griffith v. Northeast Illinois Regional Commuter Railroad) 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
Griffith v. Northeast Illinois Regional Commuter Railroad, 233 F.R.D. 513, 2006 U.S. Dist. LEXIS 6604, 2006 WL 436114 (N.D. Ill. 2006).

Opinion

MEMORANDUM OPINION AND ORDER

BROWN, United States Magistrate Judge.

Before the court is a motion filed by plaintiff Glendon Griffith (“Griffith”) for reconsideration of the January 5, 2006 Order striking Plaintiffs Rule 26(a)(2) Disclosure. For the reasons set forth below, Griffith’s Motion for Reconsideration [dkt 20] is granted to the extent it moves the court to reconsider the grounds of the order granting the motion to strike. However, on reconsideration, defendant’s motion to strike [dkt 23] is granted on independent grounds.

BACKGROUND

On June 27, 2005, a schedule was set for the completion of expert discovery. [Dkt 12.] Griffith’s Rule 26(a)(2) disclosures and reports were to be served by September 15, 2005 with the depositions of his experts and treating professionals to be completed by October 15, 2005. (Id.) On October 11, 2005, Griffith was granted until November 1, 2005 to serve his Rule 26(a)(2) disclosures and reports and until December 2, 2005 for the depositions of his experts and treating professionals. [Dkt 20.]

On November 3, 2005, Griffith served on defendant Northeast Illinois Regional Commuter Railroad Corporation (“Metra”) a document titled “Plaintiffs Disclosure and Physician’s Report Pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure” (“Griffith’s Disclosure” or “Disclosure”), which stated in its entirety:

The Plaintiff, Glendon Griffith, by counsel, hereby discloses Dr. Spiro Stamelos as a witness pursuant to Federal Rule of Civil [515]*515Procedure 26(a)(2), a treating medical professional of whom Plaintiff intends to ask questions under Federal Rules of Evidence 702, 703 or 705.
Pursuant to Federal Rule of Civil Procedure 26(a)(2)(B), Dr. Stamelos’s qualifications are disclosed in his c.v. attached as Exhibit 1 to Exhibit A (the transcript report).
Pursuant to Federal Rule of Civil Procedure 26(a)(2)(B), Dr. Stamelos’s opinions are disclosed in the attached question and answer transcript (Exhibit A).
Medical records have been previously either transmitted to and/or subpoenaed by Defendant’s counsel, Dr. Stamelos’s status as a treater having been previously disclosed in discovery. Further, Dr. Stamelos’s compensation for the report was $337.50 (J£ of his $675.00 per hour deposition fee), as well as payments by Metra or its insurer for treatment of Plaintiff. Finally, as a treating physician, Dr. Stamelos does not have a list of depositions. Although FRCP 26(a)(2) would not seem to require the creation of .a non-extant document, we have requested Plaintiffs doctor’s office to compile one. This disclosure will be so supplemented when received.

(Metra’s Mot. Strike, Ex. A (emphasis added).) Apparently, on October 13, 2005, Griffith’s counsel had questioned Dr. Spiro Stamelos under oath in the presence of a court reporter, and the transcript of that questioning was attached to the Disclosure. (Id.) Also attached was Dr. Stamelos’ curriculum vitae. (Id.)

Metra filed its motion to strike Plaintiffs Rule 26 Disclosure on December 2, 2005. After both parties briefed the issues and presented their arguments, the motion to strike Plaintiffs Rule 26 Disclosure was granted on January 5, 2006. [Dkt 28.] The reasons for that decision were stated on the record. (See Metra’s Resp. Recons., Ex. 1, Tr. Jan. 5, 2006.) [Dkt 31.] In summary, Griffith had argued that Dr. Stamelos is not required to provide an expert’s report meeting the requirements of Fed.R.Civ.P. 26(a)(2)(B) because Dr. Stamelos is Griffith’s treating physician. The motion to strike was granted because the record before the court did not establish that Dr. Stamelos is, in fact, Griffith’s treating physician. (Id.)

Griffith requested and was allowed an opportunity to file the current motion for reconsideration. Griffith now provides certain medical records with his motion to establish that Dr. Stamelos is a treating physician. (PL’s Mot. Recons., Ex. A.) [Dkt 29.] The medical records include a New Patient Evaluation summarizing Dr. Stamelos’ impressions of Griffith at his first appointment on May 19, 2005. (Id.) In that summary Dr. Stamelos states that Griffith came for a second opinion for the treatment of chronic back pain and “a new phenomenon” that Griffith experienced as a result of an injury at work on July 29, 2004. (Id.) Dr. Stamelos ordered additional testing, including a MRI and EMG, prescribed medication, and referred Griffith to another physician for further evaluation. (Id.)

ANALYSIS

I. Motion for Reconsideration

“Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence.” Publishers Resource, Inc. v. Walker-Davis Publications, Inc., 762 F.2d 557, 561 (7th Cir.1985). Metra argues that the motion for reconsideration should be denied because Griffith could have provided the medical records supporting his argument that Dr. Stamelos was his treating physician prior to the January 5, 2006 ruling. (Metra’s Resp. Recons, at 3-4). Griffith argues that he did not provide those medical records in his original response because Metra never questioned Dr. Stamelos’ status as a treating physician. (PL’s Mot. Recons, at 1.)

Although Griffith’s initial response to the motion to strike was premised on an incorrect assumption that Dr. Stamelos’ status as a treating physician had been established as a matter of record, the documents presented with the motion for reconsideration are sufficient to support Griffith’s position that Dr. Stamelos can be considered one of Griffith’s treating physicians. Griffith’s motion for reconsideration is granted to the extent it moves the court to reconsider the grounds of [516]*516the order granting the motion to strike. The court will consider the issue of whether the Disclosure is sufficient under Rule 26(a)(2), even if Dr. Stamelos is one of Griffith’s treating physicians.

II. Motion to Strike

A. The requirement of a Rule 26(a)(2)(B) report

Fed.R.Civ.P. 26(a)(2) requires parties to disclose, at a time set by the court or in the alternative by the rule, the identity of any person who may be used at trial to present testimony under Rules 702, 703 or 705 of the Federal Rules of Evidence. Fed.R.Civ.P. 26(a)(2)(A), (C).

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Bluebook (online)
233 F.R.D. 513, 2006 U.S. Dist. LEXIS 6604, 2006 WL 436114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-northeast-illinois-regional-commuter-railroad-ilnd-2006.