Opinion
Civil Action No. 06-cv-01677-MSK-BNB.
January 9, 2008
ORDER
THIS MATTER comes before the Court on the Amended Unopposed Request to Present Remote Testimony at Trial (Motion) (#67) filed by Defendants on January 8, 2008. Having reviewed the Motion, the Court
FINDS that although the Motion is untimely ( See MSK Civ. Practice Standard II.H.1), good cause has been shown to allow remote testimony of Defendants' expert witness.
IT IS THEREFORE ORDERED that:
1. The motion is GRANTED and remote testimony by Dr. James Lubowitz is approved.
2. The parties and counsel shall comply with MSK Civ. Practice Standard II.H.4. In addition, the parties shall make arrangements to have identically marked exhibits to which the witness may refer in both the courtroom and with the witness, make technical arrangements with the Courtroom Deputy Clerk within the next 24 hours for the testimony and make appropriate scheduling accommodations.
3. The parties are reminded that the witness should not testify to stipulated facts, that all Rule 702 objections have been waived and therefore there is no need to offer or have the Court receive the witness as an expert, and that admission of a written report prepared prior to trial by a testifying witness is excludable under F.R.E. 403, 801 and 802.