Jacobs v. Robeson County Public Library, et al

Filing 45

MOTION to Exclude Evidence from Expert Witness by Sherryl Lynn Jacobs. (Attachments: # 1 Envelopes) (Grady, B.)

FILED
THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO: 7: 12-CV-20-FL

SHERRYL LYNN JACOBS,
Plaintiff,

JAN .24 2013
JULIE A. RICHARDS CLERK
BYUS 012~T,COURT, EDNC
/. 1DEPCLK

)
)
)
)

)

vs.

)

ROBESON COUNTY PUBLIC LIBRARY,
)
BOARD OF DIRECTORY FOR ROBESON
)
COUNTY PUBLIC LIBRARY, ROBERT F.
)
FISHER, HORACE STACY, GAYLE MCLEAN, )
)
and TINA MELLEN STEPP THOMAS
)
Defendants.
)

Motion to Exclude Evidence
From Expert Witness Per
Fed. R. Civ. P. Rule 403

The Defendants have requested Expert Witness Disclosures pursuant to Fed. R. Civ. P.
Rule26 (a) (2). The witness, Dr. Joey Harris and his organization Carolina Eye Associates, were
the subjects of a Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Investigation filed on behalf of the Plaintiff. Per Fed. R. Civ. P. 403 this would make Dr. Harris'
and any member of his organization's testimony in this action lacking in probative value and
substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the
jury, wasting time, and needlessly presenting cumulative evidence.

This 22nd Day of January 2013

~A~
Post Office Box 175
Orrum, North Carolina 28369
910-628-6334
finderO [e-mail]

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been served upon
Defendants' Attorney by depositing a copy thereof in the United States Mail,
first-class, postage prepaid, addressed as follows:

Law Office of William R. Purcell, II, PLLC
ATTN: Mr. William R. Purcell, II
210 West Cronly Street '
Post Office Box 1567
Laurinburg, North Carolina 28352

This the 23rd day of January 2013