Lopez et al v. Louisiana CVS Pharmacy

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ORDER & REASONS
Before the Court is a motion in limine to exclude or limit the testimony of all listed
physician and healthcare provider witnesses filed by Louisiana CVS Pharmacy, LLC (“Louisiana
CVS”).1 	The motion is set for submission on January 8, 2026.2 	Local Rule 7.5 of the United
States District Court for the Eastern District of Louisiana requires that a memorandum in
opposition to a motion be filed no later than eight days before the noticed submission date, making
the deadline in this instance December 31, 2025. Plaintiffs Ramona and Timothy Lopez, who are
represented by counsel, did not file an opposition to the motion. Accordingly, because the motion
is unopposed and appears to have merit,3
IT IS ORDERED that Louisiana CVS’s motion in limine is GRANTED, and the plaintiffs’
physician and healthcare provider witnesses will be precluded from offering expert medical
1 R. Doc. 19.
2 R. Docs. 19-2; 20.
3 Ramona Lopez claims that she sustained injuries when she tripped on a crack in the cement of a parking lot
at a CVS Pharmacy location in Chalmette, Louisiana. R. Docs. 19-1 at 2; 1-2 at 4. Timothy Lopez claims that his
wife’s injury caused him mental anguish and loss of consortium, service, and society. R. Docs. 19-1 at 2; 1-2 at 5.
According to this Court’s scheduling order, plaintiffs were to make expert witness disclosures to Louisiana CVS no
later than October 14, 2025. R. Doc. 9 at 2. The scheduling order also provided that no witness, expert or fact, would
be permitted to testify “unless there has been compliance with this Order as it pertains to the witness.” Id. at 3.
Plaintiffs named a number of physicians and healthcare providers as lay witnesses on their witness list, which was
timely submitted. R. Docs. 19-1 at 2; 15. However, Louisiana CVS avers, and plaintiffs do not dispute, that as of
December 11, 2025, plaintiffs made no expert witness disclosures, designated no experts, and produced no expert
reports. R. Doc. 19-1 at 2. As a result, plaintiffs will not be permitted to offer expert medical testimony from the
physicians and healthcare providers identified in their witness list.
RAMONA P. LOPEZ, et al.
VERSUS
LOUISIANA CVS PHARMACY
CIVIL ACTION
NO. 25-411
SECTION M (3)
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testimony. However, the plaintiffs’ physician and healthcare provider witnesses may testify as lay
witnesses as to those matters allowed by law.
New Orleans, Louisiana, this 6th day of January, 2026.
________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-00411-BWA-EJD Document 22 Filed 01/06/26 Page 2 of 2