Scott v. Chertoff

Filing 164

ORDER Denying 161 Request for Court-Appointed Expert (Trial Brief) filed by James Scott. Signed by Judge Barry Ted Moskowitz on 8/30/2013.(rlu)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JAMES SCOTT,

Case No. 08cv735 BTM(JMA)
Plaintiff,

v.

ORDER DENYING REQUEST
FOR COURT-APPOINTED
EXPERT

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JANET A. NAPOLITANO,
SECRETARY, DEPARTMENT OF
HOMELAND SECURITY,
Defendant.

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Plaintiff has filed a request for the Court to appoint an expert in the field
of tax accounting so that the expert may advise the Court on the tax
consequences of a damage award in this case. Under Fed. R. Evid. 706, a
court may appoint an independent expert witness either on its own motion or
a party’s motion. However, reasonably construed, Rule 706 is not meant to be
used to appoint an expert to aid one of the parties. See Rodriguez v. Tilton,
2013 WL 1402731, at * 5 (E.D. Cal. Apr. 5, 2013); Stakey v. Stander, 2011 WL
887563, at * 3 (D. Idaho March 10, 2011).

If Plaintiff believes that tax

consequences have a bearing on the amount of damages that he should be
awarded, Plaintiff can retain a tax expert to assist him in his case. Therefore,
Plaintiff’s request for a Court-appointed tax expert is DENIED.
IT IS SO ORDERED.
DATED: August 30, 2013

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BARRY TED MOSKOWITZ, Chief Judge
United States District Court
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08cv735 BTM(JMA)