United States District Court, N.D. Iowa, Eastern Division
RULING ON MOTIONS TO STRIKE
JON STUART SCOLES, Chief Magistrate Judge.
On the 5th day of November 2014, this matter came on for hearing on the Motion to Strike Untimely Expert Reports from Michael Sandberg and to Preclude Sandberg from Testifying at Trial Regarding Untimely Disclosed Opinions filed by Defendants in the Lenius case on September 30, 2014 and in the Forster case on October 14, 2014. The Plaintiffs were represented by their attorney, Amy Pellegrin. The Defendants were represented by their attorneys, Debra Hulett and Frances M. Haas.
On August 31, 2012, Wanda Lenius filed a complaint seeking damages for sex and age discrimination. Gayle Forster filed a similar complaint on October 15, 2012. Pursuant to an agreement of the parties, the cases were consolidated for purposes of discovery.
On November 26, 2012, the Court adopted a proposed Scheduling Order and Discovery Plan submitted by the parties. Among other things, the parties agreed to a January 15, 2013 deadline for initial disclosures. The parties also agreed to deadlines for disclosure of expert witnesses, with Plaintiffs' disclosure due not later than May 6, 2013. The discovery deadline was set on December 31, 2013.
On January 15, 2013, Plaintiffs timely served their initial disclosures pursuant to FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1). Among other things, Plaintiffs identified an "economist who will testify to economic loss." Specifically, Plaintiffs identified Mike Sandberg, and provided his address and telephone number. According to the initial disclosure, Sandberg "will testify to the loss of back and front pay as a result of the discrimination to each of the claimants herein."
On the same date, Plaintiffs provided Defendants with a letter from Sandberg to Plaintiffs' attorney, setting forth his conclusions regarding the "total economic loss" suffered by each Plaintiff. Based on certain assumptions regarding their pay grade level if Lenius and Forster had continued to work at Deere, Sandberg calculated their loss of earnings and the value of lost fringe benefits and bonus. Sandberg estimated Lenius' loss at $1, 809, 026, and estimated Forster's loss at $1, 632, 878. The report concludes by noting that "the total economic loss amount does not include employer-paid contributions to other fringe benefits including the defined pension benefit plan. " (emphasis added)
On May 17, 2013, Plaintiffs timely served their disclosure of expert testimony. Seven experts were identified, including Michael Sandberg. The disclosure regarding Sandberg provided the following information:
a. This expert will testify in each of the Plaintiff's cases as a financial expert.
b. Initial report and supporting documents upon which he relied have been previously provided.
c. No exhibits have been prepared at this time beyond the information previously provided to Defendants. This will be supplemented if necessary.
d. A curriculum vitae has been previously provided to Defendants reflecting this expert's qualifications.
e. A list of cases in which this expert has previously testified is attached ...