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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

WENDY PETERSON, Plaintiff v. SCOTIA PRINCE CRUISES, LTD., Defendant

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Docket No. 03-174-P-H

MEMORANDUM DECISION ON DEFENDANT'S MOTION IN LIMINE

The defendant, Scotia Prince Cruises, Ltd., moves in limine to exclude the expert testimony of Jeffrey Weir, a psychotherapist. Defendant's Motion In Limine to Exclude Expert Testimony, etc. ("Motion") (Docket No. 25). I grant the motion. The plaintiff filed this action on July 10, 2003. Docket. On September 8, 2003 the court issued a scheduling order, setting October 28, 2003 as the deadline for the plaintiff's designation of expert witnesses. Docket No. 7. That order specifically requires the plaintiff to designate experts "including treating

physicians" and to "provide a complete statement of all opinions to be expressed and the basis and reasons therefor." Id. at 2. On October 8, 2003 this deadline was extended to December 23, 2003 on the plaintiff's motion. Docket No. 10. On October 15, 2003 the plaintiff provided her initial disclosure to the defendant, listing "John Weir, MA (psychotherapist)" as a witness. Plaintiff's Initial Disclosure (Exh. C to Motion) at 2. On February 9, 2004 the deadline for the plaintiff's designation of experts was again extended, to February 10, 2004, on the plaintiff's motion. Docket No. 20. On February 10, 2004 the 1

plaintiff served on the defendant a designation of Charles Harris as her sole expert witness. Plaintiff's Rule 26(a)(2) Disclosure (Exh. A to Motion). In an order dated February 11, 2004 on the plaintiff's motion for leave to file an amended complaint, I stated, inter alia, "Counsel for plaintiff is admonished to pay scrupulous attention to scheduling order deadlines." Docket No. 22. By letter dated March 3, 2004 counsel for the plaintiff informed counsel for the defendant that he intended to call Weir as a witness "who treated my client." Letter dated March 3, 2004 from Kenneth D. Murphy to Leonard W. Langer (Exh. B to Motion). The defendant filed the instant motion on March 16, 2004. Either on March 22, 2004, Objection to Motion in Limine ("Objection") (Docket No. 27)

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