The opinion of the court was delivered by: Nan R. Nolan United States Magistrate Judge
Magistrate Judge Nan R. Nolan
MEMORANDUM OPINION AND ORDER
This diversity lawsuit arises out of injuries Ronald D. Lee allegedly sustained at BNSF Railway Company's ("BNSF") intermodal yard on September 10, 2005, when a 44,000 pound container crushed the small finger of his left hand. Lee, now replaced as real party in interest by the Bankruptcy Estate of Ronald D. Lee and Susan Ann Lee ("Plaintiff"), sued BNSF and related BNSF entities for negligence. BNSF, in turn, filed third-party complaints against Roadlink USA and Quality Terminal Services, LLC ("QTS"), seeking indemnification and contribution. Plaintiff attempted to add QTS as a respondent in discovery, but the district court denied that effort.
Discovery closed on February 2, 2010, and the parties are now preparing for trial. Currently before the court is QTS's motion for protective order preventing Plaintiff from calling Dr. Charles Carroll as a witness in the case. For the reasons stated below, the motion is granted.
Following his September 10, 2005 injury, Plaintiff started treating with his primary hand-care physician, Dr. Jeffrey Greenberg. Plaintiff disclosed Dr. Greenberg as an expert pursuant to Federal Rule of Civil Procedure ("Rule") 26(a)(2), and Dr. Greenberg submitted a report stating, among other things, that:
1. Plaintiff sustained a high-energy crush injury to his small finger with resultant comminuted fractures, malunion, and intraarticular damage;
2. The treatment he provided was directly related to the crush injury;
3. The fees for Plaintiff's treatment were reasonable and customary; and
4. Plaintiff has two options for future medical care: fusion of the digit or a finger ray resection.
(Ex. A to QTS Motion, at 1, 5-6.) None of the other parties has disclosed any experts in this case.
At the request of QTS, the court ordered Plaintiff to submit to an examination by Dr. Charles Carroll pursuant to Rule 35. (Minute Order of 5/21/09, Doc. 87.) See also FED. R. CIV. P. 35(a) (the court "may order a party whose . . . physical condition . . . is in controversy to submit to a physical . . . examination by a suitably licensed or certified examiner.") Dr. Carroll examined Plaintiff on July 6, 2009, and prepared a report, "for advisory purposes only," stating:
1. Plaintiff sustained a crush injury to his small finger with a metacarpal head fracture and ...