United States District Court, M.D. Louisiana
RULING AND ORDER
A. JACKSON JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT
the Court is a Motion in Limine (Doc. 49)
filed by Defendants Andrew Cupil and Reginald Robinson.
Plaintiff Layne Aucoin filed an opposition. (Doc. 52). For
the reasons that follow, the Court DEFERS a
ruling on the Motion in Limine (Doc. 49) and
ORDERS Plaintiff to SHOW
CAUSE why he should not be sanctioned under Federal
Rule of Civil Procedure 37(c) for making inadequate, false,
or misleading Federal Rule of Civil Procedure 26(a) initial
excessive-force case arises from a scuffle between prison
guards and an inmate on suicide watch. (Doc. 40). Plaintiff
is an inmate at the Dixon Correctional Institute.
(Id. at p. 1). Defendants are prison guards.
(Id.). Plaintiff sued Defendants for negligence and
violations of 42 U.S.C. § 1983, alleging that Defendants
punched him when he was restrained. (Id. at p. 2).
two-day jury trial will begin on November 26, 2018. (Doc.
71). In the lead-up to it, Plaintiff submitted a proposed
pretrial order listing the exhibits he intends to introduce.
(Doc. 46). Defendants take issue with two exhibits. (Doc.
49-1, p. 2). The first is labelled "Certified Medical
Records and Billing Metropolitan Health," (Doc. 46, p.
9), the second is labelled "Medical Summary." (Doc.
46, p. 10). Defendants move to exclude both exhibits. (Doc.
party objecting to the admission of evidence bears the burden
of showing that the evidence is inadmissible. Lyondell
Chem. Co. v. Occidental Chem. Corp., 608 F.3d 284, 295
(5th Cir. 2010).
Metropolitan Health Medical Records
ask the Court to exclude the Metropolitan Health medical
records because the records have not been authenticated and
Plaintiff failed to produce them during discovery. (Doc.
49-1, p. 2). Plaintiff rejoins that he produced all medical
records in certified form after Defendants filed their motion
in limine. (Doc. 52, p. 1). Because Defendants did not file a
reply brief challenging that assertion, the Court assumes
that Defendants' authentication-based objection is
resolved and turns to the failure-to-produce objection.
assert that Plaintiff did not produce the Metropolitan Health
medical records until May 2018, more than 11 months past the
discovery deadline. (Doc. 49-1, p. 2). Plaintiff responds
that he "identified the records during discovery,"
but admits that "[t]he production was incomplete."
(Doc. 52, p. 1). Plaintiff offers no explanation for failing
to timely produce the medical records. (Id.).
Plaintiff also fails to articulate how he will be prejudiced
if the Court excludes them. (Id.). Defendants, in
turn, cite no authority to support their requested remedy.
(Doc. 49-1). Nor do Defendants explain why they waited until
June 15, 2018-one year after discovery closed-to object to
Plaintiffs failure to produce medical records that Plaintiff
identified in discovery. (Id.). Had Defendants
timely moved to compel Plaintiff to respond to discovery, the
Court could have ordered Plaintiff to produce the medical
records. See FED. R. ClV. P. 37(a). If Plaintiff then failed
to produce the records, the Court could have sanctioned him.
FED. R. ClV. P. 37(b). Because Defendants did not move to
compel, the Court could not issue an order compelling
Plaintiff to produce the medical records, and the Court
cannot now preclude Plaintiff from using those records at
trial under Federal Rule of Civil Procedure 37(b).
See Fed. R. Cw. P. 37(b)(2)(A).
may be warranted under another rule. See FED. R. ClV. P.
37(c). Federal Rule of Civil Procedure 37(c) empowers the
Court to sanction Plaintiff if he made inadequate, false, or
misleading Federal Rule of Civil Procedure 26(a) initial
disclosures. See FED. R. ClV. P. 37(c). Federal Rule
of Civil Procedure 26(a) required Plaintiff to provide
Defendant with a computation of each category of damages he
claimed. FED. R. CD. P. 26(a)(1)(A)(hi). It also required
make available for inspection and copying as under Rule 34
the documents or other evidentiary material, unless
privileged or protected from disclosure, on which each
computation is based, including materials ...