Professional Documents
Culture Documents
No. 11-1554
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Chief
District Judge. (3:10-cv-00363-JRS-DWD)
Submitted:
Decided:
January 9, 2012
PER CURIAM:
Annette Campbell filed a wrongful death action against
the United States of America pursuant to the Federal Tort Claims
Act (FTCA), 28 U.S.C. 1346, 2671-2680 (2006), alleging that
medical
staff
at
Medical
Center)
the
Veterans
acted
Affairs
negligently
Medical
while
Center
providing
(VA
dialysis
appeals
the
district
courts
orders
excluding
her
review
Accordingly, we affirm.
the
district
courts
exclusion
of
Carr v.
the
disclosure
period.
provided
by
of
plaintiff
a
expert
must
courts
26(a)(2)(C) (2010).
testimony
disclose
pretrial
during
the
her
expert
by
order.
Fed.
R.
discovery
the
Civ.
date
P.
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
2
in
manner
that
the
testimony
the
expert
to
Rule
37(c)(1),
party
who
fails
to
not
use
the
expert
at
trial,
unless
the
failure
was
In determining
(4)
the
importance
of
the
evidence;
and
(5)
the
evidence.
S.
States
Rack
&
Fixture,
Inc.
v.
Sherwin-
The district
Id.
The
district
court
found
Campbells
expert
report
or
to
harmless,
Rule
expert
thereby
37(c)(1).
witness,
excluding
Having
the
her
excluded
district
expert
witness
Campbells
court
only
granted
the
appeal,
Campbell
argues
that
the
district
court
her
attorney.
However,
Campbells
argument
is
37(c)
advisory
sanction
of
committee
exclusion
notes
emphasize
provides
that
strong
the
automatic
inducement
for
as
evidence.)
omitted).
(internal
Therefore,
the
quotation
district
marks
court
did
and
not
citation
abuse
its
next
asserts
that
the
district
court
whether
Campbells
justified or harmless.
failure
was
substantially
designation.
defendant,
Campbell
With
respect
asserts
that,
to
the
surprise
although
Dr.
to
the
Moffatts
of
causation,
the
Government
suffered
by
the
could
infer
these
Government
was
cured
by
Campbells
As
Campbells
designate
harmless.
the
district
arguments
an
do
expert
court
not
correctly
establish
witness
was
that
found,
her
substantially
however,
failure
to
justified
or
At the time
than
thirty
days,
and
deposition
of
Campbells
expert
management
of
the
case.
Saudi
v.
Northrop
Grumman
Corp., 427 F.3d 271, 278-79 (4th Cir. 2005) (internal quotation
marks and citation omitted).
counsel
for
Campbell
candidly
admitted
to
the
witness in compliance with Rule 26(a) was her own mistake, not
attributable to the Governments wrongdoing.
Moreover,
serve
to
cure
Campbells
the
January
deficiencies
14
of
supplement
her
did
original
not
report.
Although Campbell did not obtain court leave to file her January
14, 2011 supplement, more than a month after the December 2,
2010
deadline,
Campbell
contends
that
her
supplement
was
To
to
bolster
or
submit
additional
expert
opinions
would
preparation.
Id.
Because
Campbells
January
14
recast
Dr.
Moffatts
initial
opinions
so
as
to
justified
or
harmless,
as
required
by
Rule
The
district
reviewed de novo.
courts
grant
of
summary
judgment
is
nonmoving
party,
there
is
no
genuine
issue
for
trial.
or
omission
is
clearly
within
the
common
knowledge
of
elements.
omitted).
Id.
(internal
quotation
marks
and
citation
As there
160
(4th
Cir.
Id.
2009)).
There
are
three
grounds
for
Ins. Co., 148 F.3d 396, 403 (4th Cir. 1998) (citation omitted).
On appeal, Campbell fails to highlight a change in controlling
law, present new evidence, or identify a clear error of law.
Accordingly, we conclude that the district court did not abuse
its discretion in denying Campbells motion to alter or amend
judgment.
We
dispense
affirm
with
oral
the
judgment
argument
of
the
because
district
the
facts
court.
and
We
legal
AFFIRMED
10