Nieves v. Cooper Marine & Timberlands Corporation et al

Filing 345

ORDER denying without prejudice all pending motions. Signed by Judge J. Leon Holmes on 12/1/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION KASSANDRA NIEVES, Individually and as Personal Representative of the Estate of Juan Nieves and his Surviving Heirs and Dependents v. PLAINTIFF NO. 3:15CV00350 JLH COOPER MARINE & TIMBERLANDS CORPORATION, et al. DEFENDANTS ORDER Earlier this year, numerous motions in limine and motions to exclude evidence were filed in this case. In the interim, two developments have occurred. First, the plaintiff has settled her claims with the defendants, so the motions in limine filed by the plaintiff and motions in limine filed by defendants to exclude the plaintiff’s evidence are moot. Second, the defendants, who have crossclaims against one another, have waived a jury trial. Because the case will be tried to the Court rather than to a jury, it does not appear necessary to rule on evidentiary issues before trial. If a party believes that an evidentiary issue must be decided before trial even though the case will be tried to the Court, it may renew arguments in a motion in limine or a Daubert motion. Please note that the present scheduling order requires that Daubert motions be filed on or before January 16, 2018, and motions in limine to be filed on or before February 26, 2018. Unless it is necessary for an evidentiary issue to be decided before trial, the Court prefers that such issues be presented in trial briefs or at trial so that the Court can hear all of the evidence and make any necessary evidentiary rulings in conjunction with issuing findings of fact and conclusions of law. All pending motions are denied without prejudice. IT IS SO ORDERED this 1st day of December, 2017. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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