Triplett v. State Farm Mutual Automobile Insurance Company

Filing 41

ORDER entered re 40 Motion for Reconsideration. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARCUS BERNARD TRIPLETT, Plaintiff, -vsSTATE FARM MUTUAL AUTOMOTIVE INSURANCE COMPANY, a foreign corporation, Defendant. ________________________________________/ ORDER Defendant has filed a motion styled Defendant's Motion For Rehearing And/Or Reconsideration Regarding Plaintiff's Objection And Motion To Strike Discovery Only Depositions Of Dr. Paul Dougherty, Dr. Gerald Shiener, M.D. And Renee LaPorte Plaintiff, in Plaintiff's Answers To Expert Interrogatories dated June 16, 2008, has listed Renee K. LaPorte, R.N. and Gerald A. Shiener, M.D. as expert witnesses. Accordingly, each are subject to the limitations and obligations imposed on expert witnesses under the Federal Rules of Civil Procedure, including particularly Fed.R.Civ.P. 26(b)(4). If defendant deposes either LaPorte or Shiener, plaintiff in cross-examination is limited to the subject matter of the examination by defendant, and may not use the deposition in lieu of calling LaPorte or Shiener as a witness at trial or taking a deposition de bene esse if either is unavailable for trial. Case No. 07-14861 Hon: AVERN COHN

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This order disposes of the motion for rehearing referenced above. SO ORDERED.

s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: November 19, 2008 I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, November 19, 2008, by electronic and/or ordinary mail. s/Julie Owens Case Manager, [phone]

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