IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
January 4, 2007
JACKIE DUTTON, ADMINISTRATOR OF THE ESTATE OF THOMAS DUTTON, DECEASED, PLAINTIFF,
THE UNITED STATES OF AMERICA, DEFENDANT.
The opinion of the court was delivered by: Herndon, District Judge
On January 4, 2007, the Court held a telephone hearing on Plaintiff's motion for leave to re-declare Dr. Christine Paylan as Plaintiff's expert and to admit her deposition as an evidence deposition (Doc. 128). Based on the reasons stated during the hearing and on the following, the Court grants in part and denies in part Plaintiff's motion. The Court finds that it is unnecessary to re-declare Dr. Paylan as an expert because Plaintiff never withdrew Dr. Paylan as an expert in this matter. Thus, the Court DENIES that portion of Plaintiff's motion as unnecessary. Further, relying on FEDERAL RULE OF CIVIL PROCEDURE 32and FEDERAL RULE OF EVIDENCE 804, the Court ALLOWS Plaintiff to use Dr. Paylan's deposition as an evidence deposition. Balancing the equities in this case, the Court finds that the prejudice to Plaintiff outweighs the disadvantages to Defendant if Plaintiff was not allowed to use Dr. Paylan as an expert and was not allowed to use Dr. Paylan's deposition as an evidence deposition. Lastly, the Court VACATES its November 7, 2006 Order granting Defendant's motion to extend dispositive motion deadline (Doc. 123) and DENIES as moot Defendant's motion for summary judgment (Doc. 125). The Court SETS this matter for bench trial on June 19, 2007 at 9:00 a.m.
IT IS SO ORDERED.
David R Herndon United States District Judge
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