United States District Court, D. New Jersey
ESTATE of Ainsworth Mallett, and ESTATE of Jacqueline Mallett, and ESTATE of Drew Mallett, and NICOLE MALLETT, individually, and ERROLL MALLETT, MD and NICOLE MALLETT in their capacity as Co-Administrators of the above three Separate Estates, Plaintiffs,
SCHMIDT BAKING CO., INC. and MARK TAYLOR, Defendants.
MEMORANDUM OPINION & ORDER
H. RODRIGUEZ U.S.D.J.
matter is before the Court on Defendants' motion in
limine to limit the trial testimony of Plaintiffs'
liability expert Brooks Rugemer. Oral argument on the motion
was heard on January 9, 2018, and the record of that
proceeding is incorporated here. As an initial matter, the
Court notes that agency between Defendants Mark Taylor and
Schmidt Baking Co., Inc. (“Schmidt's Bakery”)
has been admitted. The negligent hiring and retention claims
against Schmidt's Bakery have been dismissed by consent.
The sole remaining direct claim against Schmidt's Bakery
is limited to the manner in which Taylor was trained.
Prior Order of the Court Disallowing Supplemental Reports
from Brooks Rugemer will be Enforced and his Testimony
Limited to What Was Contained in the Reports Provided Prior
to his Deposition.
scope of Mr. Rugemer's proffered testimony has already
been addressed via Court Order. The following chronology is
1. Initial Report June 23, 2015;
2. Supplemental Report October 21, 2015;
3. Deposition completed February 25, 2016;
4. Supplemental Report of March 4, 2016;
5. Supplemental Report of March 7, 2016;
6. April 18, 2016 Order barring Supplemental Reports.
Discovery and documents were available to be reviewed by Mr.
before he prepared his first two reports and submitted to a
deposition, however he was not provided with a number of
discovery documents prior to preparing his two initial
reports. The relevant documents are listed in Plaintiff's
letter of March 4, 2016.
Rugemer will be allowed to testify at trial, but will not be
permitted to support his opinion by claiming that he relied
upon the discovery that existed prior to preparing his
initial reports but was not reviewed by him before he
prepared his reports and was deposed. Plaintiff should not
suggest that the documents were relied upon and reviewed. The
Court's Order of April 18, 2016 striking Supplemental
Reports will be honored, as the materials intended to support
the Supplemental Reports were not available to the defense
during Rugemer's deposition.
Rugemer will Not be Permitted to Offer an Opinion as to
Accident Reconstruction or Comment as to How the Accident