Weisshaus v. The Port Authority of New York and New Jersey et al

Filing 175

ORDER: Accordingly, it is hereby ORDERED that the Port Authority's witness, Elizabeth McCarthy, is to be designated as a hybrid fact/expert witness and will be deposed as such; it is further ORDERED that the Port Authority's reques t for leave to file a protective order limiting the scope of Ms. McCarthy's deposition is granted; and it is further ORDERED that the Port Authority shall file its motion for a protective order no later than January 27, 2023. ( Motions due by 1/27/2023.) (Signed by Judge Richard K. Eaton on 1/20/2023) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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YOEL WEISSHAUS,
Plaintiff,
-against-

11 Civ. 6616 (RKE)
ORDER

PORT AUTHORITY OF NEW YORK
AND NEW JERSEY,
Defendant.
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ORDER

Upon consideration of the parties’ letters, ECF Nos. 173 & 174, in response to the Court’s
Order dated November 10, 2020, ECF No. 172, the Court concludes that the Port Authority’s
witness, Elizabeth McCarthy, is to be designated as a hybrid fact/expert witness. That is, Ms.
McCarthy may testify about factual matters to which she has first-hand knowledge, in addition to
providing her expert opinion on matters requiring specialized knowledge, skill, experience,
training, or education.
Additionally, the Court grants the Port Authority leave to file a motion for a protective
order as requested by the Port Authority in its November 9, 2022, letter to the Court, ECF No. 171.
Accordingly, it is hereby
ORDERED that the Port Authority’s witness, Elizabeth McCarthy, is to be designated as
a hybrid fact/expert witness and will be deposed as such; it is further
ORDERED that the Port Authority’s request for leave to file a protective order limiting
the scope of Ms. McCarthy’s deposition is granted; and it is further

Court No. 11-6616

Page 2

ORDERED that the Port Authority shall file its motion for a protective order no later than
January 27, 2023.

Dated: January 20, 2023
New York, New York

/s/ Richard K. Eaton
Richard K. Eaton
U.S.D.J., by Designation