Adams v. Epps et al

Filing 301

ORDER denying 279 Motion for appointment of expert witness; granting 287 Motion to add proposed exhibits; granting 289 Motion to amend to add nominal damages; granting 299 Motion to Exclude witness John Fields; granting 300 Motion to add proposed exhibits. Signed by Honorable David C. Bramlette, III on 6/9/2010 (ECW)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION LATRELL ADAMS VS. JACQUELINE BANKS, SANDRA JACKSON, AND SANDRA JACKSON ORDER This cause is before the Court on various motions filed by the plaintiff. Having carefully considered the motions, and being PLAINTIFF CIVIL ACTION NO. 5:08-cv-154(DCB)(MTP)

DEFENDANTS

fully advised in the premises, the Court finds as follows: The plaintiff moves for the appointment of an expert witness (docket entry 279). The Court finds that an expert is not

necessary to help the jury understand the facts of this case. Pursuant to Federal Rule of Evidence 706(a), the motion shall be denied. The plaintiff has filed two motions to add additional exhibits to his exhibit list (docket entries 287 and 300). shall be granted. The plaintiff moves to amend his prayer for relief to include nominal damages (docket entry 289). There being no objection by The motions

the defendants, the motion shall be granted. The plaintiff moves to exclude the witness John Fields from his witness list (docket entry 299). The Court has already

cancelled the writ for Mr. Fields at the request of Mr. Adams, and the motion is granted. In an Order of June 4, 2010, the Court notified the plaintiff

that he would be allowed to argue at trial in favor of the Court taking judicial notice of certain factual findings in the Surgeon General's Report of June 2006. issue at trial. The plaintiff did not bring up the

The Court therefore finds that the plaintiff has

waived this request. Accordingly, IT IS HEREBY ORDERED that the plaintiff's motion for the appointment of an expert witness (docket entry 279) is DENIED; FURTHER ORDERED that the plaintiff's two motions to add additional exhibits to his exhibit list (docket entries 287 and 300) are GRANTED; FURTHER ORDERED that the plaintiff's motion to amend his prayer for relief to include nominal damages (docket entry 289) is GRANTED; FURTHER ORDERED that the plaintiff's motion to exclude the witness John Fields from his witness list (docket entry 299) is GRANTED; FURTHER ORDERED that the plaintiff has waived his request for the Court to take judicial notice of certain factual findings in the Surgeon General's Report of June 2006. SO ORDERED, this the 9th day of June, 2010.

/s/ David Bramlette UNITED STATES DISTRICT JUDGE

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