Opinion
Case No. 07-14861.
November 19, 2008
ORDER
Defendant has filed a motion styled
Defendant's Motion For Rehearing And/Or Reconsideration Regarding Plaintiff's Objection And Motion To Strike Discovery Only Depositions Of Dr. Paul Dougherty, Dr. Gerald Shiener, M.D. And Renee LaPorte
Plaintiff, in Plaintiff's Answers To Expert Interrogatories dated June 16, 2008, has listed Renee K. LaPorte, R.N. and Gerald A. Shiener, M.D. as expert witnesses. Accordingly, each are subject to the limitations and obligations imposed on expert witnesses under the Federal Rules of Civil Procedure, including particularly Fed.R.Civ.P. 26(b)(4). If defendant deposes either LaPorte or Shiener, plaintiff in cross-examination is limited to the subject matter of the examination by defendant, and may not use the deposition in lieu of calling LaPorte or Shiener as a witness at trial or taking a deposition de bene esse if either is unavailable for trial.
This order disposes of the motion for rehearing referenced above.
SO ORDERED.