Prince v. Southern Snow Manufacturing Inc

Filing 25

ORDER: The Court resolved several issues at the 10/21/2016 pretrial. Prince's 18 motion for default judgment is denied. The Court directs the Clerk to retitle Southern Snow's motion to dismiss, 3 , as a Motion to Dismiss and Answer. The Court will start with counsel on 11/14/2016 at 10:00 a.m. for final pretrial. Counsel should be prepared to open Monday afternoon. Counsel should be in the courtroom ready to go by 8:00 a.m. on subsequent trial days. The proof will start Tuesday at 8:30 a.m. Signed by Judge D. P. Marshall Jr. on 10/25/2016. (jak) (Additional attachment(s) added on 10/25/2016: # 1 Main Document - Correct) (jak).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SAMANTHA PRINCE
v.

PLAINTIFF
No. 4:14-cv-31-DPM

SOUTHERN SNOW MANUFACTURING, INC.

DEFENDANT

ORDER
1. The Court resolved several issues at the 21 October 2016 pretrial.
For the reasons stated on the record, the Court made these rulings. First,
Southern Snow waived its objection to personal jurisdiction. Second, even if
the company didn’t waive this point, the Court’s exercise of personal
jurisdiction over Southern Snow in this case satisfies the Due Process Clause.
Third, Prince’s motion for default judgment, ¹ 18, is denied. Prince waived
this issue by not raising it sooner. In any event, and fourth, Southern Snow’s
initial responsive papers sufficiently disputed liability to avoid a default. The
Court directs the Clerk to retitle Southern Snow’s motion to dismiss, ¹ 3, as
a Motion to Dismiss and Answer. Fifth, Prince’s oral motion in limine about
the consulting expert’s work is granted.

2. The Court sets the following deadlines:
!

Southern Snow’s Amended Answer due. . . . . . . . 28 October 2016

!

Requested voir dire areas due . . . . . . . . . . . . . . . . 28 October 2016

!

Witness and exhibit lists,
and electronic copies of exhibits,
exchanged and sent to chambers.. . . . . . . . . . . 7 November 2016

!

Courtesy paper copy of exhibits
delivered to the Court . . . . . . . . . . . . . . . . . . . . . 9 November 2016

The Court will start with counsel on 14 November 2016 at 10:00 a.m. for final
pretrial. We’ll get our venire at 12:30 p.m. and pick the jury. Be prepared to
open Monday afternoon. On trial days, counsel should be in the courtroom
ready to go by 8:00 a.m. The proof will start Tuesday at 8:30 a.m.
So Ordered.

D.P. Marshall Jr.
United States District Judge
25 October 2016

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