Triplett v. State Farm Mutual Automobile Insurance Company

Filing 46

ORDER denying 45 Plaintiff's Motion to Compel Payment of Expert Witness Fee. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARCUS BERNARD TRIPLETT, Plaintiff, -vsSTATE FARM FIRE MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / ORDER DENYING PLAINTIFF'S MOTION TO COMPEL PAYMENT OF EXPERT WITNESS FEE This is an action in contract. The jurisdiction of the Court is based on diversity. Plaintiff has filed a motion to compel payment of an expert witness fee for the deposition of Renee LaPorte, Ph.D., R.N., C.C.M., C.B.I.S. For the reasons stated on the record at a hearing on January 20, 2009, the motion is denied and discovery shall move forward without prejudice to plaintiff's right to insist defendant pay the expert witness fee. In the interim, plaintiff's attorney may advance the fee. The Court cautions defendant of possible sanctions should the Court find the refusal to pay unreasonable. SO ORDERED. Case No. 07-14861 HON. AVERN COHN

Dated: January 21, 2009

s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE

07-14861 Triplett v. State Farm Mutual Automobile Insurance Co. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, January 21, 2009, by electronic and/or ordinary mail. s/Julie Owens Case Manager, [phone]

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