Free Memorandum - District Court of Arizona - Arizona

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Case 2:O4—cv—OO118-SIVIIVI Document 94-2 Filed O2/O2/2007 Page10f4

1 Kurt M. Zitzer, Arizona Bar N0. 014110.
Kathleen L. Beiermeister, Arizona Bar N0. 020989 1;
2 MEAGHER & GEER, P.L.L.P. _ E}
8800 North Gainey Center Drive, Suite 261
3 Scottsdale, AZ 85258
(480) 607-9719
4 Attorneys for Scottsdale Insurance Company
5 l
6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
8 - -
Scottsdale Insurance Company, an Ohio NO' CV 04**18 PHX SMM
9 corporation, — —
PLAINTIFF’S FIRST SUPPLEMENTAL
10 Plaintiff, PRELIMINARY EXPERT DISCLOSURE {
vs. STATEMENT
ll ‘ 4.
` Market Finders Insurance Corporation, a
12 Kentucky corporation; A (Assigned to the Honorable Stephen M. V
McNarnee)
1 3 Defendant.
14
I 15 Pursuant to Federal Civil Procedure Rule 26(a)(2) and Order of the Court, Scottsdale
16 Insurance Company (‘°Scottsdale") hereby makes its first supplemental preliminary disclosure of
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17 the following experts that it may use to present evidence at trial under Rules 702, 703 and/or
E
18 705 ofthe Federal Rules of Evidence:
19 Adam Crowe A
20 c/o Meagher & Geer
8800 N. Gainey Center Drive 3
21 Scottsdale, AZ 85258
22 Mr. Crowe is expected to testify concerning Defendant’s failure to enroll and/or failure to
23 ensure the enrollment of plaintiff s insured(s) in the Indiana Patient’s Compensation Fund and
24 related issues, including but not limited to the eligibility of the insured(s) for enrollment in the
25 Fund and the effect of enrollment in the Fund. Mr. Crowe is expected to testify as to his opinion
26 that Dr. Dinius was eligible for enrollment in the Fund at the time the Scottsdale policy was
issued and that, had Dr. Dinius been enrolled in the Fund, his liability to the Plaintiffs in the
Case 2:O4—cv—OO118-SIVIIVI Document 94-2 Filed O2/O2/2007 Page 2 of 4 _

MEAGHER
&
GEER, P.L.L.P.
1 Conyers litigation would have been limited in accordance with the provisions of the Fund in
2 effect at the time of his enrollment. l
3 Pursuant to the stipulation of the parties and the direction of the Court, Mr. Crowe’s
4 report will be provided at a date to be agreed upon by the parties and! or order by the Court, after
5 mediation is completed.
6 J
7 James Cox
c/o Meagher & Geer I
g 8800 N. Gainey Center Drive p
Scottsdale, AZ 85258 3
9 3
Mr. Cox is expected to testify as to his opinion that the Defendant deviated from its {
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standard of care under the facts and circumstances of this case by failing to enroll Dr. Dinius
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and/or to ensure that Dr. Dinius was enrolled in the Indiana Patient Compensation Fund at the l
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time the Scottsdale policy was issued. Pursuant to the stipulation of the parties and the direction
13 l
ofthe Court, Mr. Cox’s report will be provided at a date to be agreed upon by the parties and/or Q
14 i
order by the Court, after mediation is completed. _
I5 . a
Scottsd_ale reserves its right to supplement this preliminary expert disclosure as reports Q
16
and opinions are formulated. I
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DATED this 29m day of January, 2007. i
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MEAGHER & GEER, P.L.L.P.
I 9 t
20
21 By
Kurt M. Zitzer T
22 Kathleen L. Beiermeister `
23 Attorneys for Scottsdale Insurance Company
24
25 i
26 {
2
6970l
Case 2:O4—cv—OO118-SIVIIVI Document 94-2 Filed O2/O2/2007 Page 3 of 4

f,
1v1EAeEEi z
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GEER, 1>.L.E.1>. .
1 ORIGINAL ofjthe foregoing
mailed this 29t day of f
2 January, 2007 to:
3 William H. Doyle, Esq. V
Gary Popham, Esq. - ig
4 Doyle Berman Ga lenstein
3300 North Central Avenue 1*
5 suite 1600 I?
Phoenix, AZ 85012 ii
6 Attomeys for Defendant
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69701
Case 2:O4—cv—OO118-SIVIIVI Document 94-2 Filed O2/O2/2007 Page 4 of 4 V @

Case 2:04-cv-00118-SMM

Document 94-2

Filed 02/02/2007

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Case 2:04-cv-00118-SMM

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Case 2:04-cv-00118-SMM

Document 94-2

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Case 2:04-cv-00118-SMM

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