Gonzalez-Rivera v. Centro Medico del Turabo, Inc.
Opinion
Scheduling orders are essential tools for modern-day case management, and litigants flout such orders at their peril. This case, in which plaintiff-appellant Aglaed González-Rivera violated just such a scheduling order and suffered the consequences, illustrates the point. Because the court below acted well within the encincture of its discretion in refusing to countenance the violation, we affirm the entry of judgment in favor of the defendants.
The relevant facts and travel of the case lend themselves to succinct summarization. On March 15, 2010, the plaintiff, a citizen of Connecticut, underwent surgery for complications resulting from a miscarriage at a facility operated by Centro Médico del Turabo, Inc. (the Hospital), located in Caguas,
*26
Puerto Rico. Some years later, she invoked diversity jurisdiction,
see
After the defendants answered the complaint, the district court entered a scheduling order. See Fed. R. Civ. P. 16(b). Among its other provisions, the scheduling order set a deadline (May 20, 2016) for the disclosure of the plaintiff's expert reports. Building on this foundation, discovery was to close by November 15, 2016, and dispositive motions were to be filed no later than December 16 of that year.
Within the allotted period, the plaintiff disclosed an expert report authored by Dr. Carlos Lasalle-Nieves (Dr. Lasalle). She produced no other expert reports. As the deadline for filing dispositive motions drew near, the plaintiff moved to dismiss without prejudice her claims against Dr. Berríos-Echevarría (her obstetrician), acknowledging that she had no viable cause of action against him. The district court granted her motion.
By December 16, 2016, the defendants had moved both for summary judgment and for exclusion of Dr. Lasalle as an expert witness. In July of 2017 - while the defendants' motions were pending - the plaintiff reversed course and moved to set aside the dismissal of her claims against Dr. Berríos-Echevarría. To justify the proposed reinstatement of these claims, she cited a neurological report by a new expert, Dr. Allan Hausknecht. Although the plaintiff had identified Dr. Hausknecht as a potential expert witness early in the case, see Fed. R. Civ. P. 26(a)(1), she did not disclose his report to the defendants until June of 2017. That was more than a year after the deadline that the district court had set for the disclosure of the plaintiff's experts' reports. The defendants objected on this basis and moved to exclude Dr. Hausknecht as an expert witness. The district court granted the defendants' motion to exclude Dr. Lasalle and denied the defendants' motion for summary judgment without prejudice so that the parties might explore settlement in light of Dr. Lasalle's exclusion. 2
When the parties' negotiations proved fruitless, the defendants renewed their *27 consolidated motion for summary judgment. In a thoughtful rescript, the district court rejected the plaintiff's motion to reinstate Dr. Berríos-Echevarría as a defendant, granted the defendants' motion to exclude Dr. Hausknecht as an expert witness, and - concluding that the plaintiff could not prevail without admissible expert testimony - entered summary judgment in favor of the defendants. This timely appeal followed.
The Civil Rules require parties to disclose the identity of all expert witnesses whom they intend to call at trial.
See
Fed. R. Civ. P. 26(a)(2)(A). In most cases - the exceptions are not relevant here - an expert witness must produce a written report, which includes, among other things, "a complete statement of all opinions the witness will express and the basis and reasons for them." Fed. R. Civ. P. 26(a)(2)(B). District courts have considerable autonomy in managing discovery proceedings. This authority extends both to setting disclosure deadlines and meting out sanctions when parties fail to honor such deadlines.
See
Genereux
v.
Raytheon Co.
,
We review for abuse of discretion a district court's order excluding an expert witness as a sanction for noncompliance with a scheduling order.
See
Samaan
v.
St. Joseph Hosp.
,
In this instance, the plaintiff contends that the district court abused its discretion by meting out an excessively severe sanction. She notes that the court excluded her only available expert witness, Dr. Hausknecht, thereby ensuring that she could not prove an essential element of her malpractice claims. When evaluating the appropriateness of a sanction, a reviewing court must take into account the totality of the circumstances.
See
The district court adopted this approach. It assayed the totality of the circumstances and found that the lion's share *28 of the pertinent factors favored exclusion. To begin, the court appraised the history of the litigation and discerned a strategic attempt by the plaintiff, bordering on bad faith, to develop a "contingency plan" through which she could salvage her case should Dr. Lasalle's testimony be excluded. Next, the court weighed the plaintiff's stated justification for the lengthy delay in producing Dr. Hausknecht's report - that the disclosure deadline referred exclusively to Dr. Lasalle's report - and found it specious. Having concluded that the delay was manifestly unwarranted, the court went on to find that it would be "wishful thinking" to suggest that the defendants would not be prejudiced by the late disclosure, especially since discovery had long since closed and the defendants had already moved for summary judgment. Finally, the court explained that allowing the belated disclosure would have a negative effect on its docket.
On the other side of the scale, the district court found slim pickings. Only one factor favored the plaintiff: the need for the precluded evidence. After all, excluding Dr. Hausknecht would leave the plaintiff without any expert testimony and, thus, would "effectively dispose of the case."
Esposito
v.
Home Depot U.S.A., Inc.
,
Although the plaintiff characterizes this ruling as draconian, we think that it draws its essence both from the particulars of the case and from the realities of modern-day litigation. As we have warned, "discovery must not be allowed to degenerate into a game of cat and mouse."
Thibeault
,
If more were needed - and we doubt that it is - we cannot forget that "the district court has an interest in the efficient management of its docket."
Santiago-Díaz
,
We do not gainsay that the plaintiff had a compelling need for Dr. Hausknecht's testimony. But that circumstance
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was a by-product of the plaintiff's tactical choices; and in all events, that circumstance alone cannot carry the day.
See
That is game, set, and match. Because the district court did not abuse its discretion in excluding Dr. Hausknecht, its grant of summary judgment was unimpugnable.
See
We need go no further. There is little point in repastinating soil already well-plowed, and this case bears a strong family resemblance to
Samaan
. In each instance, the district court ably evaluated "the relevant factors and made a sensible (though not inevitable) choice of sanctions."
"District judges live in the trenches, where discovery battles are repeatedly fought."
Thibeault
,
Affirmed .
The defendants include Omega Anesthesia, PSC; Grupo HIMA San Pablo, Inc.; Dr. Héctor Berríos-Echevarría; Dr. Francisco Golderos-Sanabria; and Dr. Geovannie Marcano-Centeno.
For the most part, these rulings are not challenged on appeal. Although the plaintiff's brief makes passing reference to the district court's exclusion of Dr. Lasalle, there is no mention of that exclusion order in her notice of appeal. Thus, we lack jurisdiction to consider that order.
See
Rojas-Velàzquez
v.
Figueroa-Sancha
,
Reference
- Full Case Name
- Aglaed GONZÁLEZ-RIVERA, Plaintiff, Appellant, v. CENTRO MÉDICO DEL TURABO, INC., D/B/A Centro Ambulatorio HIMA San Pablo Caguas, D/B/A HIMA San Pablo Caguas, Et Al., Defendants, Appellees.
- Cited By
- 23 cases
- Status
- Published