United States District Court, C.D. Illinois
SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
matter comes before the Court on Defendant St. John's
Hospital of the Hospital Sisters of the Third Order of St.
Francis's (St. John's) Motion to Strike
Plaintiff's Supplemental Expert Disclosure and
Plaintiff's Designation of Julie Ulery as an Expert
Witness (d/e 38) (Motion 38) and Plaintiff Tiffany
Meyer's Motion for Leave to Amend Scheduling Order, or,
in the Alternative, Strike the Opinion Testimony of Colleen
Stauffer (d/e 41) (Motion 41). For the reasons set forth
below, Motion 38 is DENIED and Motion 41 is ALLOWED in part.
The Scheduling Order is amended to allow Meyer's late
designation of Ulery as an expert witness and to allow St.
to designate a responsive expert within 30 days after the
deposition of Ulery.
John's employed Meyer as a dietician. On July 8, 2014,
St. John's terminated Meyer's employment. Meyer
alleges St. John's fired her because of her disability in
violation of the Americans with Disabilities Act
(ADA), 42 U.S.C. § 12101 et seq. See Complaint (d/e
1). Meyer alleges that she suffers from McCune-Albright
Syndrome with Fibrous Dysplasia. Her condition “impairs
her ability to walk, stand, and stay in one position for long
periods of time.” Meyer “uses a wheelchair or
crutches and frequently rotates between standing and sitting
to avoid pain, muscle fatigue and muscle strain.”
Complaint, ¶ 11. She alleges St. John's
terminated her because she asked for a reasonable
accommodation for her limited mobility. See
Complaint, ¶ 21.
John's told Meyer she was terminated for a lack of
clinical competence. The termination notice stated:
Tiffany, you are being terminated due to lack of clinical
competence which poses a risk to patient safety. Also, you do
not exhibit the core values of care, competence, respect, and
Motion 41, Exhibit C, Performance Action Plan dated July
8, 2014; see Complaint, ¶ 21. On July 8,
2014, Meyer wrote an email to a friend and co-worker
Jacqueline Wilcox which stated, in part,
So today was pretty crappy. I got fired. No joke.
Colleen said she reviewed my chart audits and found I
didn't recommend a low fiber diet for someone with
diverticulitis (I put general) and for a home TF pt who was
not tolerating her TF, I recommended to continue the same
tube-feeding instead of recommending Vital 1.2 for better
tolerance, and I also didn't mention the fact that
someone had diarrhea through their whole stay. So all that
was a "patient safety risk" and I was terminated
for lack of clinical competency. No chance to explain myself
or review the records. Just fired. No prior inkling that
anything was wrong, just straight to firing.
Defendant's Response in Opposition to Plaintiff's
Motion for Leave to Amend the Scheduling order, or, in the
Alternative, Strike Opinion Testimony of Colleen Stauffer
(d/e 45) (St. John's Response), Exhibit 2, Email dated
July 8, 2014. The parties refer to the two patients
identified in Meyer's email as Patient B and Patient H.
The person identified as “Colleen” in the email
is Colleen Stauffer, Clinical Nutrition Manager at St.
John's. Stauffer was Meyer's supervisor and conducted
the audit of the patient charts.
Scheduling Order required Meyer to disclose experts by
November 11, 2016. Meyer disclosed one expert on that date,
Wilbur Swearingin, a rehabilitation expert to testify about
the alleged failure to accommodate. St. John's deadline
to disclose experts was December 11, 2016. St. John's did
not disclose any experts. See Scheduling Order entered March
4, 2016 (d/e 14); St. John's Response, Exhibit 4,
Plaintiff's Expert Disclosure.
March 2, 2017, St. John's deposed Meyer. Meyer testified
at her deposition that in her clinical judgment she treated
Patient B and Patient H appropriately. St. John's
Response, Exhibit 5, Excerpts of Deposition ofTiffany Meyer, at 123-32, 181-85. ...