Document MM37Y3o4Y056Y1kdLkYVVq5K9

BtOIIOI H.MtlC* JOHN M. AtRR *ALH M.SATrOAO ROBERT S.CASSET D.M.H. RECEIVED JUL - 9 1981 M Ji Y E 1* A>* K IK K ATTORNEYS AND COUNSELLORS AT LAW too WtIT LDNO UK( HOAD, SUITE IOO RLooNriKLO HlLLfL, MirniciAN Alima tat*) e-T*sm PCthbit errice TOO BOOR BUILOINO OETROlT,MICHIGAN AOEte rais> eei-tsei July 6, 1981 URL H296 Ms. Sara E. Bigsby Resident Deputy Clerk United States District Court Eastern District of Michigan P.0. Box 68 Bay City# Mich. 48707 Re: Mikyska v Stauffer Chemical Company et al? U.S. District Court File No. 78-30003 Dear Ms. Bigsby: Enclosed for filing is an original and Judge"s Stauffer Chemical Company's Motion for Physical and Examination of Plaintiff Stanley Mikyska, Notice of Proof of Service. Thank you. copy of Mental Hearing and Y< truly t HRS:elb Enclosures cc; Mr. Dennis M. Haffey Mr. James D. Ritchie Mr. John J. Cassidy, Jr. Mr. Robert A. Marsac Ms. Gretel *S. Robinson Mr. Paul G. Bogos R ifford r UNITED STATE? DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SCOTHF3TC DIVISION STANIE^ KDOfSKA, et al. Plaintiffs, v UNICN CARBIDE COKP., et alr Defendants. / CIVIL # 78-30003 URL 14297 ORDER ' At a session of said court held in the Federal Building, Port Huron, Michigan cn the h~kJU day of July, 1981 PRESENT: HONORABLE JAMES HARVEY United States District Judge # Upon motion of the defendant Stauffer Chemical Co. herein, arid the Court being duly advised in the premises, it is hereby ORDERED that the plaintiff shall schedule the continued deposition of Dr. Leonard Kasperowitz for a date prior to July 15, 1981, and give reasonable notice thereof to the defendants. FR Civ P 26(b) (4). On or before the date of the continued deposition, defendants shall tender payment to Dr. Kaspercwitz in the amount of $750.00 for time spent in his earlier deposition. Within ten days of the occpletian of the continued deposition, which shall in ary event be no later than July 16, 1981, defendants shall tender payment to Dr. Kasperowitz for such additional time as shall be spent in deposition on or after the date of this order, at the rate of $150.00 per hour? provided, however, that Dr. Kasperowitz shall be paid only for such time as he shall devote exclusively to the taking of the continued deposi tion, free fran the interruptions of other business* FP Civ P 26(b) (4). It is further ORDERED that plaintiff shall, not later than July 15, 1981, file and serve notices of deposition for each and every expert not previously deposed, whose testimony shall be relied upon by plaintiff at trial, such depositions to be completed on or before July 31, 1981. The defendants shall bear all reasonable expenses incurred for the time spent by such experts in deposition. The testimony of any expert witness of the plaintiff whose deposition shall 86 H i n - J not be taken in accordance with this Order shall be inadmissible at trial, unless otherwise ordered by this Court for good cause shown. FP Civ P 37(b). IT IS SO ORDERED. * * -2-