Hunt v. Bender et al

Filing 109

Judge Joseph L. Tauro: ORDER entered. After considering re 106 Plaintiff's Pretrial Memorandum, this court hereby DENIES Plaintiff's request for appointment of an independent expert. Under Fed. R. Civ. P. 7(b)(1), " A request for a court order must be made by motion. the motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity the grounds for seeking the order; and (C) state the relief sought." Plaintiff's request for appoint ment of an independent expert witness is not raised as a motion, and accordingly, the court will not treat it as one. The court also declines to appoint an expert sua sponte under Fed. R. Evid. 706. Plaintiff's request is untimely in light of the fact that the final pretrial conference has already occurred and this case is set for trial beginning on January 30, 2012. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
KATHEENA SONEEYA,

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Plaintiff,
v.
LUIS S. SPENCER, in his official capacity
as Commissioner of the Massachusetts
Department of Correction,
Defendant.

Civil Action No. 07-12325-JLT

ORDER
January 23, 2012
TAURO, J.
After considering Plaintiff’s Pretrial Memorandum, this court hereby DENIES Plaintiff’s
request for appointment of an independent expert.
Under Fed. R. Civ. P. 7(b)(1), “A request for a court order must be made by motion. The
motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity
the grounds for seeking the order; and (C) state the relief sought.” Plaintiff’s request for
appointment of an independent expert witness is not raised as a motion, and, accordingly, the
court will not treat it as one.
The court also declines to appoint an expert sua sponte under Fed. R. Evid. 706.
Plaintiff’s request is untimely in light of the fact that the final pretrial conference has already
occurred and this case is set for trial beginning on January 30, 2012.
IT IS SO ORDERED.
/s/ Joseph L. Tauro
United States District Judge