Tatum v. Oberg et alMOTION for Clarification 134 OrderD. Conn.February 4, 20101 MORRISON MAHONEY LLP • COUNSELLORS AT LAW ONE CONSTITUTION PLAZA • HARTFORD, CONNECTICUT 06103 (860) 616-4441 • JURIS NO. 404459 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT GARY L. TATUM, Individually, Plaintiff, : : : CASE NO.: 3:08CV1251 (JCH) v. : : : : : MARY CHRISTINA OBERG, In her individual and professional capacity, and FORD, OBERG, MANION and HOUCK, PC. Defendants : : : : : : FEBRUARY 4, 2010 DEFENDANTS, MARY CHRISTINA OBERG AND FORD, OBERG, MANION AND HOUCK, P.C.’S, MOTION FOR CLARIFICATION The defendants, Mary Christina Oberg and Ford, Oberg, Manion and Houck, PC, by and through the undersigned respectfully requests clarification of the Court’s, Ruling Appointing Expert dated January 20, 2010. By its ruling, the court appointed Attorney Sarah D. Eldrich to serve as a pro bono expert in this case, for the purpose of providing her opinion as to whether there is a basis for the Plaintiff’s claim of legal malpractice. (See Doc. No. 134). After reviewing the court’s written ruling, the Defendants require the following clarification: 1. The court’s ruling states that “appointment of an expert will assist the court in determining whether Tatum has raised an issue of fact sufficient to survive summary judgment as to his claim of legal malpractice against the defendants.” (See Doc. No. 134 at 2). Is the appointment of Attorney Eldrich limited to summary judgment or is Attorney Eldrich being appointed to also serve as an expert witness at trial? Case 3:08-cv-01251-JCH Document 136 Filed 02/04/2010 Page 1 of 4 2 MORRISON MAHONEY LLP • COUNSELLORS AT LAW ONE CONSTITUTION PLAZA • HARTFORD, CONNECTICUT 06103 (860) 616-4441 • JURIS NO. 404459 2. By its ruling, the court directs the parties to provide Attorney Eldrich with all evidence that may be relevant to the Plaintiff’s claim. What particular evidence does the court wish the parties to disclose to Attorney Eldrich? Are the parties required to disclose evidence which may be covered by the privilege against disclosure of attorney work-product or any other applicable evidentiary privilege? If so, will the court protect such privileged information? 3. What does the court anticipate will be the purpose of taking the deposition of Attorney Eldrich after she communicates her findings to the court and the parties? 4. Is all communication with the court-appointed expert to be through the court or will the parties be able to communicate directly with Attorney Eldrich? Moreover, if the parties are permitted to have direct contact with Attorney Eldrich, will the parties be required to report to the court and/or opposing counsel regarding said contact? In addition, as Attorney-Eldrich is a court-appointed expert, does the expert have direct communication with the court without the presence of counsel for the Plaintiff and Defendants? 5. The Defendants request that the court provide a scheduling order with respect to the deadline for providing Attorney Eldrich with all evidence that may be relevant to the legal malpractice claim as directed by the January 20, 2010 Ruling. 6. During the time in which the court-appointed expert is reviewing the relevant evidence and making her findings, do the pleadings advance as directed under the court’s current scheduling orders? Case 3:08-cv-01251-JCH Document 136 Filed 02/04/2010 Page 2 of 4 3 MORRISON MAHONEY LLP • COUNSELLORS AT LAW ONE CONSTITUTION PLAZA • HARTFORD, CONNECTICUT 06103 (860) 616-4441 • JURIS NO. 404459 WHEREFORE, the Defendants respectfully request the court’s clarification of its January 20, 2010 Ruling Appointing Expert in accordance with the above-numbered paragraphs. THE DEFENDANTS, MARY CHRISTINA OBERG AND FORD, OBERG, MANION AND HOUCK, P.C. /s/: Robert Cassot Robert Cassot (CT24094) Stephen O. Clancy (CT27617) Edward N. Storck III (CT27312) MORRISON MAHONEY, LLP One Constitution Plaza, 10 th Floor Hartford, CT 06106 Phone: (860) 616-4441 Fax: (860) 244-3800 Her and Its Attorneys Email: rcassot@morrisonmahoney.com sclancy@morrisonmahoney.com estorck@morrisonmahoney.com Case 3:08-cv-01251-JCH Document 136 Filed 02/04/2010 Page 3 of 4 4 MORRISON MAHONEY LLP • COUNSELLORS AT LAW ONE CONSTITUTION PLAZA • HARTFORD, CONNECTICUT 06103 (860) 616-4441 • JURIS NO. 404459 CERTIFICATION I hereby certify that on February 4, 2010, a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court ’s electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court’s CM/ECF System. Joseph N. DeFilippo, Esq. Tracey Lane Russo, Esq. DeFilippo & Russo LLC 4 Research Drive, Suite 402 Shelton, CT 06484 Counsel for Plaintiff, Gary Tatum /s/: Robert Cassot Robert Cassot (CT24094) Stephen O. Clancy (CT27617) Edward N. Storck III (CT27312) MORRISON MAHONEY, LLP One Constitution Plaza, 10 th Floor Hartford, CT 06106 Phone: (860) 616-4441 Fax: (860) 244-3800 Her and Its Attorneys Email: rcassot@morrisonmahoney.com sclancy@morrisonmahoney.com estorck@morrisonmahoney.com Case 3:08-cv-01251-JCH Document 136 Filed 02/04/2010 Page 4 of 4
