United States District Court, D. Arizona
REPORT AND RECOMMENDATION
HONORABLE DEBORAH M. FINE UNITED STATES MAGISTRATE JUDGE.
THE HONORABLE U.S. DISTRICT JUDGE STEVEN P. LOGAN:
Report and Recommendation hereby amends the Order at Doc. 161
pursuant to LRCiv 72.2(a)(1), which requires a report and
recommendation regarding the nature of relief.
Valerie Leland and Julia Muncy, the daughter and mother of
Francis Naomi Wright, who died while detained in the Yavapai
County Jail, brought this civil rights action for alleged
constitutional and state law violations against Yavapai
County, numerous County employees, Wexford Health Sources,
Inc., and numerous Wexford employees. (Doc. 13, Ex. 1.)
Plaintiffs initiated this action in Yavapai County Superior
Court on December 29, 2016. (Doc. 1.) In April 2017, Wexford
Defendants removed the action to federal court.
Management Order issued on November 2, 2017, allowing
approximately one year for fact discovery and setting an
expert disclosure and discovery schedule that provided for
Plaintiffs' expert disclosures on or by May 4, 2018,
Defendants' expert disclosures on or by June 22, 2018,
and rebuttal expert disclosures due on or by August 13, 2018.
(Docs. 28, 77, 93.) Rebuttal disclosures were expressly
“limited to responding to opinions stated by initial
experts.” (Id.) The Scheduling Order also set
an expert depositions deadline for November 2, 2018. (Doc.
28) The Court's Order was clear about the extent of
expert disclosure required by the above referenced deadlines:
As stated in the Advisory Committee Notes to Rule 26 (1993
Amendments), expert reports under Rule 26(a)(2)(B) must set
forth “the testimony the witness is expected to present
during direct examination, together with the reasons
therefor.” Full and complete disclosures of such
testimony are required on the dates set forth above; absent
extraordinary circumstances, parties will not be permitted to
supplement expert reports after these dates. The Court notes,
however, that it usually permits parties to present opinions
of their experts that were elicited by opposing counsel
during depositions of the experts. Counsel should depose
experts with this fact in mind.
28 at 3, lines 10-17.)
matter is before the Court on Plaintiffs' Motion to
Exclude Untimely Expert Opinions (Doc. 131), to which a
response (Doc. 134) and a reply (Doc. 138) have been filed.
District Judge Logan referred this matter to undersigned
(Docs. 14, 85, 144 at 3, lines 27-28). The Court will
recommend that the District Judge grant the motion for the
reasons set forth below and consistent with District Judge
Logan's ruling on late expert disclosures by the County
Defendants. (Doc. 144.)
claims stem from Wright's death during her confinement as
a pretrial detainee in the Yavapai County Jail in 2016. (Doc.
13-1 ¶ 17.) In their First Amended Complaint, Plaintiffs
allege the following:
9, 2016, Wright was arrested and booked into the County Jail.
(Id.) During the booking process, she reported that
she took drugs, that she had withdrawal problems, that she
was currently detoxing, and that she had fainted or had a
head injury within the past 6 months. (Id.
¶¶ 17-21.) Around 10:00 p.m. that night, Wright was
assigned to the jail's infirmary for observation.
(Id. ¶ 25.) Beginning the morning of May 10,
2016, Wright's health began to deteriorate, and she
repeatedly requested medical assistance orally, in writing,
and, eventually, through use of the emergency button in her
cell. (Id. ¶¶ 31-38, 49, 52, 55, 63, 89.)
Other detainees also called for help over the intercom system
and emergency buttons in their cells. (Id.
¶¶ 64, 78, 84.) Wright suffered from headaches,
diarrhea, nausea, vomiting, tremors, chills, body aches, and
syncope episodes, and she became more and more pale.
(Id. ¶¶ 37, 41, 46, 52-53, 81, 90.) By the
early morning of May 11, 2016, Wright began to suffer
seizures and pass out, which caused her to hit her head on
the floor. (Id. ¶¶ 58, 61, 75-77, 84.)
Defendant detention officers Winton, Barbey, Kellerman,
Chavez, Russell, and Sergeant Valdez all interacted with
Wright, directly observed her interactions with medical
staff, and were present when she requested medical assistance
or took her written requests for medical attention.
(Id. ¶¶ 28, 30, 34, 37-38, 40, 44-45, 55.)
Wright specifically requested assistance from Winton and
Russell, but they walked away and did not help her.
(Id. ¶¶ 55-56, 71-72.) Russell and Valdez
responded to the cell when Wright passed out and fell and hit
her head, and, after she passed out a second time, they
revived her with smelling salts and thereafter joked about
her condition. (Id. ¶¶ 76-79, 84-85, 87.)
Neither Defendant nurses nor Defendant detention officers
would help Wright, despite her requests for help.
(Id. ¶¶ 89, 94.) Although Dr. Wilkinson
was in the medical office across the hall from Wright's
cell, he did not come out to check on Wright. (Id.
¶¶ 88, 96.) At approximately 4:00 p.m. on May 11,
2016, Wright was found dead. (Id. ¶ 95.)
set forth three claims for relief. In Count One, they assert
Eighth and Fourteenth Amendment claims under 42 U.S.C. §
1983 based on the denial of medical care. (Id.
¶¶ 97-102.) In Count Two, they assert a claim for
wrongful death under Arizona Revised Statutes § 12-611.
(Id. ¶¶ 103-109.) And in Count Three,
Plaintiffs assert a Fourteenth Amendment claim under §
1983 based on interference with the right to family society
and companionship. (Id. ¶¶ 110-112.)
FEDERAL RULE OF ...