United States District Court, E.D. Louisiana
ORDER AND REASONS
JANE TRICHE MILAZZO, District Judge.
Before the Court are two Motions to Strike experts (Docs. 26, 31) and a Motion in Limine (Doc. 65). For the following reasons, the Motions to Strike are GRANTED IN PART, and the Motion in Limine is DENIED AS MOOT.
Plaintiff Derrick Shepherd brought this action in Louisiana state court to recover the proceeds of a homeowners insurance policy issued to him by Defendant GeoVera Specialty Insurance Company. Plaintiff claims that Defendant significantly undervalued the damage sustained by his home during Hurricane Isaac and that Defendant is liable for additional damages, penalties, and attorney's fees under Louisiana law because its decision denying him additional coverage was arbitrary and capricious. For its part, Defendant asserts that Plaintiff was adequately compensated for his losses and that the majority of the damages he claims were not caused by Hurricane Isaac but were the result of unrepaired damage for which he had been previously compensated. Additionally, Defendant seeks recession of the insurance policy based on its allegation that Plaintiff intentionally misrepresented several material facts with the intent to deceive Defendant. The Court recently denied motions for summary judgment filed by both parties. Presently before the Court are competing Motions to Strike Experts and a single Motion in Limine.
LAW AND ANALYSIS
There are three Motions presently before the Court. The Court will address each in turn.
I. Defendant's Motion in Limine (Doc. 65)
Defendant moves the Court to exclude two of Plaintiff's exhibits. Plaintiff has not filed an opposition to this Motion. After this Motion was filed, the Court ordered the parties to submit comprehensive objections to exhibits and responses thereto. The parties have complied with this order. The two exhibits that Defendant seeks to exclude in this Motion are addressed in Defendant's objections and Plaintiff's response thereto. Thus, Plaintiff has presented arguments related to the relief sought in this Motion, albeit in a different procedural posture. Because the relief sought in this Motion is fully briefed in the objections and responses, the Court denies this Motion as moot. The Court will address the admissibility of the two challenged exhibits when it rules on all of the objections to exhibits.
II. Motion to Exclude Expert Testimony of Dan Onofrey (Doc. 26)
In this Motion, Defendant asks the Court to preclude Mr. Dan Onofrey, one of Plaintiff's witnesses, from offering any expert opinions in this matter. Defendant has no objection to Mr. Onofrey testifying as a fact witness but argues that he should be precluded from offering expert testimony because his expert report does not comply with Rule 26.
Federal Rule of Civil Procedure 26 requires that all retained experts submit written reports that are prepared and signed by the witness. The Rule specifically requires that the report contain all of the following information:
(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 ...