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Zaklit v. Global Linguist Solutions, LLC

United States District Court, E.D. Virginia, Alexandria Division

September 30, 2014

ALFRED ZAKLIT, et al., Plaintiffs,
v.
GLOBAL LINGUIST SOLUTIONS, LLC, et al., Defendants.

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

This matter is before the Court on Defendant Global Linguist Solutions LLC's ("GLS" or "Defendant") Motion to Exclude the Expert Testimony of Plaintiffs' Proposed Expert Witness, and to Preclude Plaintiffs from Making Further Expert Disclosures ("Motion"). [Dkt. 135] For the reasons set forth below, the Court will grant the Motion.

I. Background

This case arises from Plaintiffs' claims that GLS falsely imprisoned them and other linguists on U.S. military bases in Kuwait. On August 6, 2014, the Court entered a Rule 16(b) Scheduling Order, which set the discovery deadlines in this matter. ("Rule 16(b) Order" [Dkt. 120].) The deadline for the exchange of initial expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure was August 29, 2014, and the responses to the initial disclosures were due on September 29, 2014. (Rule 16(b) Order ΒΆ 4.)

Plaintiffs identify only one[1] expert: Anthony Edward Reading, Ph.D., a licensed psychologist and clinical professor at the University of California, Los Angeles. (Def.'s Mem. [Dkt. 136] at 3 (as paginated by CM/ECF).) Plaintiffs disclosed that Dr. Reading "will testify generally, and without limitation, about the common psychiatric sequelae of false imprisonment, the causal pathways, treatment considerations, and the effects of false imprisonment on the human psyche and body... [and the] emotional distress, and its manifest symptoms, and other injuries caused by false imprisonment." (Def.'s Mem. at 3 (citing Ex. 4 [Dkt. 136-4] at 1).) GLS argues that Plaintiffs' expert disclosure of Dr. Reading does not comply with the requirements under Rule 26(a)(2), and therefore, should be excluded under Rule 37(c)(1) of the Federal Rules of Civil Procedure. Plaintiffs oppose this motion, [Dkt. 143], and GLS filed a reply brief, [Dkt. 144].

Having been fully briefed, and after hearing argument of counsel, the motion is now before the Court.[2]

II. Standard of Review

Under Rule 26(a)(2)(B), a party's expert disclosure must be accompanied by a written report that is "prepared and signed by the witness - if the witness is one retained or specially employed to provide expert testimony in the case." The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;
(ii) the facts or data considered by the witness in forming them;
(iii) any exhibits that will be used to summarize or support them;
(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;
(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at ...

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