Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 On the Court's own motion, there being no objection and pursuant to the Court's 17 authority in Rule 706, FRCvP, 18 IT IS ORDERED that absent a stipulation between the parties as to the method 19 [i.e., signed stipulation or one or more affidavit(s) stipulated in evidence] of supplementing 20 the record of this ERISA trial to the Court on December 7 and 8, 2005 on specific and narrow 21 income and tax issues, related to the receipt of an insured's disability insurance benefits in 22 or after 1992, raised by the evidence and the undersigned during closing arguments, each 23 party shall comply with the following: 24 1. Counsel for each side shall each file by January 11, 2006 one nomination 25 which shall include the name, address, telephone number and curriculum vitae of a neutral, 26 knowledgeable expert witness within the meaning of Rule 702, FRCvP, who is willing to 27 provide testimony to questions related to the aforesaid income and tax issues. Said 28 nomination shall set forth a brief explanation from that party why the Court should select this
Case 2:03-cv-01373-LOA Document 138 Filed 12/08/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

John Roehrs, M.D. and Jean Roehrs, his) ) wife, ) ) Plaintiffs, ) ) vs. ) ) Minnesota Life Insurance Company, et al.,) ) ) Defendants. ) )

No. CV-03-1373-PHX-LOA ORDER

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expert witness as the Court's expert witness. Thereafter, the Court will promptly select one of the two nominated experts who will be called by the Court to provide expert trial testimony on January 27, 2006 at 10:00 a.m. as the Court's expert witness. At trial, said expert may be cross examined by each side after being initially questioned by the Court and may be deposed prior to January 27, 2006. The cost of the expert witness' appearance at trial shall be paid equally by each side. The cost of said expert witness' deposition shall be initially born by the party noticing and subpoenaing the expert witness for the deposition including his or her deposition fee. All costs incurred by a party related to said expert witness shall be deemed a taxable cost. Rules 702(b) and 54(d)(1), FRCvP. IT IS FURTHER ORDERED continuing the trial of this matter to January 27, 2006 at 10:00 a.m. to hear only the aforesaid expert witness' testimony and thereafter limited oral argument from each side related solely to the expert witness' testimony as may be germane to the issues in this ERISA trial. The matter shall not exceed one (1) hour. Court's staff shall immediately fax a copy of this Order to counsel of record. DATED this 8th day of December, 2005.

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