Jewell v. United States

Filing 32

Show Cause ORDER re 27 Motion for Summary Judgment. So Ordered by Judge Steven J. McAuliffe.(lat) Modified on 1/17/2013 to add text, "Show Cause". (jab).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Wayne J. Jewell
v.

Case No. 11-cv-324-SM

United States of America
O R D E R
Re:

(Document No. 27)
United States’ Motion for Summary Judgment

Ruling: Pro Se Plaintiff in this medical malpractice case
was required to disclose an expert witness on or before July 1,
2012. He did not do so. The government moved for summary
judgment on grounds, among others, that plaintiff failed to
disclose a medical expert and, under governing New Hampshire law
(N.H. Rev. Stat. Ann. Ch. 507E:2) cannot maintain a medical
negligence claim absent expert evidence. Plaintiff did not file
a response to the motion for summary judgment. By motion for
continuance of the scheduled trial (doc. no. 29), the government
put plaintiff on notice that his objection to its summary
judgment motion was due on September 3, 2012, and was overdue.
Yet, plaintiff has still not disclosed an expert witness nor
objected to the motion for summary disposition. An expert
medical witness is necessary, and the absence of such evidence is
fatal to plaintiff's claim. It is unclear why plaintiff has
ignored the dispositive motion, and it is unclear whether
plaintiff in fact has engaged an expert witness capable of
supporting his medical negligence claim. As he is proceeding pro
se, the court will afford plaintiff an opportunity to address the
critical issues: he shall show cause on or before January 30,
2013, why summary judgment should not be entered in defendant's
favor. Failure to show cause will result in entry of judgment
for defendant.

Steven J. McAuliffe
United States District Judge
Date:
cc:

January 16, 2013

Wayne J. Jewell, pro se
T. David Plourde, Esq.