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BROWN v. BAEKE

No. 04-3326.

413 F.3d 1121 (2005)

John BROWN; Joscelyn Brown, Plaintiffs-Appellees, v. John L. BAEKE, Jr., M.D., Defendant-Appellant, and Jaclyn F. Voight, Defendant.

United States Court of Appeals, Tenth Circuit.

June 23, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs: Michael R. O'Neal, Gilliland & Hayes, Hutchinson, KS, for appellant.

Brian F. McCallister, The McCallister Law Firm, Kansas City, MO, for appellee.

Before HENRY, BRISCOE, and MURPHY, Circuit Judges.

BRISCOE, Circuit Judge.

This appeal1 arises from a diversity medical malpractice action that was assigned by consent of the parties to a magistrate judge. See 28 U.S.C. § 636(c). After plaintiffs lost one expert standard-of-care witness due to a conflict problem, defendant Baeke filed motions to (1) strike plaintiffs' remaining standard-of-care witness, who did not have the requisite...

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