Namer v. USA

Filing 18

ORDER clarifying 14 Order. Signed by Magistrate Judge Joe J. Volpe on 5/29/2013. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DAVID NAMER,
REG. #15869-034
v.

PLAINTIFF

2:13CV00003-KGB-JJV

UNITED STATES OF AMERICA

DEFENDANT
ORDER

Mr. Namer seeks clarification of the Court’s May 16, 2013, Order1 denying his request for
judicial notice of his partial assignment of the proceeds, should he be awarded a judgment in this
case. Plaintiff’s assignment to Barbara Namer is intended to generate the funds to cover the costs
of depositions and expert witnesses in his case. (Doc. No. 12 at 2.) The agreement states, “Barbara
Namer is willing to provide said funds for the costs of discovery and expert witness(es) provided she
receives some reimbursement.” Id.
The Court is not a party to the agreement between Plaintiff and Ms. Namer, and a request for
judicial notice of this agreement is improper. Therefore, the Court denied Mr. Namer’s request. Ms.
Namer may arrange for any discovery and expert witnesses deemed necessary. There is no need for
involvement of the Court in discovery matters, so filing a motion in limine is not necessary.
IT IS SO ORDERED this 29th day of May, 2013.

JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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Plaintiff describes the Order as “terse,” leaving him confused. (Doc. No. 16.) The Order
was not intended to be terse and it is the hope of the Court that this Order provides the clarification
Mr. Namer seeks.
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