Becker v. Kroll, et al, No. 2:2002cv00024 - Document 281 (D. Utah 2010)

Court Description: MEMORANDUM DECISION granting in part and denying in part 269 Motion to Reconsider Ruling Excluding Dr. Satovick from Testifying and Request for Oral Argument. Signed by Judge Ted Stewart on 02/01/2010. (asp)

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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION TAJ BECKER, M.D. Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING IN PART ANTI DEN'YING IN PART DEFENDANTS' MOTION FOR RECONSIDERATION vs. J. DENIS KROLL, et at, Case No. 2:02-CV-24 TS Defendants. This matter is before the Court on Defendants' Motion for Reconsideration on this Court's order excluding Dr. Satovick from testifying at trial. For the reasons discussed below the Court will grant in part and deny in part the motion. On January 28,2010, this Court granted Plaintiffs motion to exclude all testimony of Dr. Satovick based on non-disclosure and therefore non-compliance with the rules of Federal Civil Procedure. Later that day Detendants filed this Motion, in which facts regarding the disclosure of Dr. Satovick as a fact witness were revealed to the Court for the first time. Plaintiff filed an opposition to the motion to reconsider but did not address the fact witness issue, instead Plaintiff focused on the exclusion of Dr. Satovick as an expert witness. With the additional facts about Defendants disclosure of Dr. Satovick as a fact witness and Plaintift's failure to contest that issue the Court will allow Dr. Satovick to testify as a fact vvitness, However, because the Court sliU finds Defendants have failed to comply with rules regarding expert testimony, it will not pennit Dr. Satovick to testify as an expert. It is thereby ORDERED that Defendants' Motion to Reconsider is GRk~TED DENIED IN PART (Docket No. 269) as laid out above. DATED February 1, 2010. BY THE COURT: 2 IN PART AND

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