Motion To Permit Wayne Marshall As Expert

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Case 1:03-cv-11661-NG

Document 860

Filed 06/29/2009

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _____________________________________ ) ) ) Plaintiffs, ) Civ. Act. No. ) 03-CV-11661-NG v. ) (LEAD DOCKET NUMBER) ) NOOR ALAUJAN, ) ) Defendant. ) _____________________________________ ) CAPITOL RECORDS, INC., et al.,

_____________________________________ ) SONY BMG MUSIC ENTERTAINMENT, et al., ) ) Plaintiffs, ) Civ. Act. No. ) 07-CV-11446-NG v. ) (ORIGINAL DOCKET NUMBER) ) JOEL TENENBAUM, ) ) Defendant. ) _____________________________________ ) MOTION FOR LEAVE TO SERVE THE EXPERT REPORT OF DR. WAYNE MARSHALL Notwithstanding the Court’s deadlines for notice and discovery Defendant Tenenbaum asks leave to disclose the expert report of Dr. Wayne Marshall. The substance of Dr. Marshall’s proposed expert report, and his CV, are attached hereto as Exhibits A and B respectively. Dr. Marshall is available for deposition in Boston within the time-frame set for depositions by the court.

Case 1:03-cv-11661-NG

Document 860

Filed 06/29/2009

Page 2 of 3

The reason for the lateness of the filing of this disclosure is that only recently did Dr. Marshall focus on how his expertise would be relevant to one judging the fairness of Joel’s use in relation to the copyright holder. Pursuant to the Local Rules of this Court governing discovery and motion practice, undersigned counsel certifies that he has conferred with the Plaintiffs, who oppose this motion.

Dated: June 29, 2009

Respectfully submitted, /s/Charles R. Nesson______ Charles Nesson Counsel for Joel Tenenbaum

Case 1:03-cv-11661-NG

Document 860

Filed 06/29/2009

Page 3 of 3

CERTIFICATE OF SERVICE I, the undersigned hereby certify that on June 29, 2009, I caused a copy of the foregoing MOTION FOR LEAVE TO SERVE THE EXPERT REPORT OF DR. WAYNE MARSHALL to be served upon the Plaintiffs via the Electronic Case Filing (ECF) system.

/s/Charles R. Nesson_________ Charles R. Nesson Attorney for Defendant

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