Luke

MEMORANDUM **

Teresa Luke (“Luke”), Andrew Luke, and them minor children (collectively, “Plaintiffs”) appeal the district court’s rulings in favor of physician’s assistant H. Bruce Goodwin (“Goodwin”), his supervising physicians, and the medical clinic at which they all worked (collectively, the “Clinic Defendants”). The district court excluded as untimely expert declarations submitted by Plaintiffs in response to the Clinic Defendants’ motion for summary judgment. Concluding that Plaintiffs’ remaining expert disclosures failed to create a genuine issue of material fact regarding causation, the district court then granted summary judgment in favor of the Clinic Defendants. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

We previously remanded this case to the district court to determine the admissibility of the expert declarations submitted by Plaintiffs in response to the Clinic Defendants’ summary judgment motion. On remand, the district court granted the Clinic Defendants’ motion to strike the declarations. We review the imposition of discovery sanctions for abuse of discretion, “giv[ing] particularly wide latitude to the district court’s discretion to issue…

dissenting:

I respectfully dissent.

The law is well established that, in reviewing a motion for summary judgment, the court must construe all facts and inferences in the light most favorable to the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986) (“The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor.”); Agosto v. Immigration & Naturalization Serv., 436 U.S. 748 , 773 n. 10, 98 S.Ct. 2081 , 56 L.Ed.2d 677 (1978) (Powell, J., dissenting) (viewing the facts in the light most favorable to the non-moving party means that the party opposing the summary judgment is to be given the benefit of all reasonable doubts and inferences in determining whether a genuine issue exists); see also Hunt v. Cromartie, 526 U.S. 541, 552 , 119 S.Ct. 1545 , 143 L.Ed.2d 731 (1999) (same).

Under this standard, I believe the court is obligated to interpret the evidence presented as proof that the defendant’s failure to perform liver tests two to four weeks after Luke began taking Antabuse was the proximate cause of her liver failure. Luke’s initial expert testimony, submitted into…