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GOODMAN v. STAPLES THE OFFICE SUPERSTORE, LLC

No. 10-15021.

644 F.3d 817 (2011)

Pamela GOODMAN, an unmarried individual, Plaintiff-Appellant, v. STAPLES THE OFFICE SUPERSTORE, LLC, a Delaware limited liability company; Does, I-X, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2011.

Attorney(s) appearing for the Case

Jeffrey S. Kaufman , (argued), Jeffrey S. Kaufman, Ltd., Scottsdale, AZ, for the appellant.

Jeffry A. Miller , (argued), Matthew B. Stucky , and Carl F. Mariano , of Lewis Brisbois Bisgaard & Smith LLP, San Diego, CA and Phoenix, AZ, for the appellee.

Opinion by Judge SILVERMAN; Concurrence by Judge TASHIMA.

OPINION

SILVERMAN, Circuit Judge:

Federal Rule of Civil Procedure 26(a)(2) requires a party to timely disclose a written report of a witness "if the witness is one retained or specially employed to provide expert testimony in the case. . . ." Generally speaking, treating physicians are excused from this requirement. They are a species of percipient witness. They are not specially hired to provide expert testimony; rather, they are hired to treat the patient...

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