Opinion
22 Civ. 2299 (LGS)
06-15-2022
ORDER
LORNA G. SCHOFIELD, DISTRICT JUDGE
WHEREAS, on May 10, 2022, Terry Patterson was appointed to serve as an independent expert pursuant to Federal Rule of Evidence 706. Plaintiff agreed to incur the cost of retaining Mr. Patterson for the review based on the parties' joint proposed questions.
WHEREAS, on June 7, 2022, Mr. Patterson's initial report was filed.
WHEREAS, on June 14, 2022, the parties filed letters proposing additional questions for Mr. Patterson to address in a supplemental report, and Plaintiff requested an opportunity to submit a closing statement following the submission of Mr. Patterson's final report.
WHEREAS, in its letter, Plaintiff agreed to pay the additional cost associated with its proposed additional question. It is hereby
ORDERED that by June 17, 2022, Plaintiff shall file a letter stating whether it agrees to pay the additional cost associated with Defendants' proposed additional questions, and if not, why. Inferences may be drawn against Plaintiff if it declines to assume the cost of the additional review.
The Court reserves decision on Plaintiff's request to submit a closing statement, which the Court construes as a request that both parties submit closing statements.