Nagle et al v. Gusman et al, No. 2:2012cv01910 - Document 318 (E.D. La. 2016)

Court Description: ORDER AND REASONS denying Sheriff Gusman's eleventh-hour MOTION 308 to exclude Dr. Schwartz's testimony as it relates to him and other sheriff's office employees is DENIED.. Signed by Judge Sarah S. Vance on 3/1/16. (jjs)

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Nagle et al v. Gusman et al Doc. 318 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MARGARET GOETZEE NAGLE and J OHN ERIC GOETZEE CIVIL ACTION VERSUS NO. 12-1910 SHERIFF MARLIN GUSMAN, ET AL. SECTION "R" (2) ORD ER AN D REASON S Defendant Sheriff Marlin Gusm an moves the Court to exclude Dr. J effrey Schwartz’s expert testim ony as to him and other em ployees of the Orleans Parish Sheriff’s Office. 1 Sheriff Gusman contends that at Dr. Schwartz’s deposition, taken on J anuary 14, 20 16, counsel for his codefendants m onopolized the tim e available to depose Dr. Schwartz, leaving only thirty m inutes for Sheriff Gusm an’s counsel to ask questions. According to Sheriff Gusm an, plaintiffs’ counsel refused to allow m ore time for Dr. Schwartz’s deposition and therefore greatly prejudiced the sheriff and sheriff’s office em ployees. By this m otion, Sheriff Gusman is raising this issue, which occurred nearly two m onths ago, with the Court days before this matter is scheduled for trial. Notably, Sheriff Gusm an did not m ove for additional tim e to depose 1 R. Doc. 30 8. Dockets.Justia.com Dr. Schwartz under Federal Rule of Civil Procedure 30 (d)(1). Accordingly, Sheriff Gusm an’s eleventh-hour m otion to exclude Dr. Schwartz’s testim ony as it relates to him and other sheriff’s office employees is DENIED. 1st New Orleans, Louisiana, this _ _ _ day of March, 20 16. ____________________________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE

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