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- ilcd;;4:17-cv-04103_de27 RegisterActionDate "2017-10-25" @default.
- ilcd;;4:17-cv-04103_de27 RegisterActionDescriptionText "TEXT ORDER entered by Judge Colin Stirling Bruce on 10/25/2017. Plaintiff's motion to compel 20 is DENIED. Plaintiff asks the Court to order Defendant to take Plaintiff to a physician outside of the Rushville facility so that the physician may examine him and render an opinion and provide testimony as to the damage done to his body as a result of being exposed to noxious fumes at Rushville. Although Rule 35 empowers the Court to retain an independent expert, Plaintiff essentially wants the Court to retain an expert witness to testify on his behalf and for Defendant or the Court to pay for such an expert. There is no provision in the United States Code or the Federal Rules of Civil Procedure for such an appointment. Tolonen v. Heidorn, 2013 WL 5276126, * 1 (W.D. Wis. Sept. 18, 2013). Moreover, it is not clear at this point in the litigation that such an expert is necessary to assist the Court or the jury or for Plaintiff to establish his claim. Accordingly, Plaintiff's motion is denied. (DS, ilcd) (Entered: 10/25/2017)" @default.
- ilcd;;4:17-cv-04103_de27 AdministrativeID "None" @default.
- ilcd;;4:17-cv-04103_de27 hasReferenceToOtherEntry ilcd;;4:17-cv-04103_de23 @default.