Rossi v. IH — Site Inspection and Depositions Scheduled

A new paper in the court docket for the Ross v. IH case shows the defendants (IH et al) will get a deposition from an expert witness in the Dominican Republic and also there will be a site inspection with that witness. It’s hard to figure out what kind of site inspection might take place in the Dominican Republic connected with this court case, since Rossi’s work has mainly been in the United States and Italy as far as is publicly known.

Here’s the text from the court order (see document 148 here)

THIS MATTER is before the Court following an informal discovery hearing held before the undersigned on February 21, 2017. Having held a hearing in this matter andfor the reasons stated on the record, it is

ORDERED AND ADJUDGED that the defendant is permitted to question the witness set for deposition in this matter on February 22, 2017, in the Dominican Republic. The plaintiff shall provide the defendant with the name of the attorney for the witness who is scheduled for deposition in the Dominican Republic. It is further

ORDERED AND ADJUDGED that if the defendant’s expert is available after the conclusion of the deposition in this matter taking place today locally, the site inspection shall occur today after the conclusion of that local deposition. If the defendant’s expert is not available to inspect the site today after the conclusion of the local deposition in this matter, unless the parties agree otherwise, the site inspection shall occur on 2, 2017, at 9:00 AM.

It’s a bit confusing to me as to where this site visit is taking place. I would have thought the natural place to have a site visit would be at the Doral facility where Rossi’s test took place. But if the expert is in the Dominican Republic, and is being questioned there, do they mean that the site visit will be there, since the order states that the expert will also participate in the site visit?

Other court papers published discuss further depositions being taken, (including one for Boeing) so the discovery phase is well underway, and Rossi has said that the court case is set for June, and he expects it to be over by September at the latest.

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