Huckaba v. CSX Transportation Inc.

Filing 20

ORDER re 19 MOTION to Bar Testimony of Karen Tabak as to Lost Wages, filed by CSX Transportation Inc.: As explained in the attached Order, the Court sets a briefing schedule as to Defendant's motion to bar testimony (Doc. 19) (response due by July 22, 2014, reply permitted by August 5, 2014), sets a hearing on the motion (10:30 a.m. on September 19, 2014), moves the final pretrial conference to (and sets a jury instruction conference at) 10:00 a.m. on October 14, 2014, and leaves trial as scheduled on Monday, October 20, 2014. Additionally, the Order sets a deadline for submitting proposed jury instructions to chambers. See Order for details. Clerk's Office to adjust settings/deadlines in cm/ecf. Signed by Judge Michael J. Reagan on 6/25/14. (soh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STEVEN R. HUCKABA,
Plaintiff,
vs.
CSX TRANSPORTATION, INC.,
Defendant.

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Case No. 13-cv-0586-MJR-PMF

ORDER REGARDING MOTION TO BAR TESTIMONY
REAGAN, District Judge:
One year ago, Steven Huckaba filed the above-captioned suit in this Court under
the Federal Employers’ Liability Act (FELA), 45 U.S.C. 51, et seq., seeking to recover for
injuries sustained on the job in February 2012. At that time, Huckaba was employed as
a train control maintainer for CSX Transportation, Inc. (the named Defendant herein).
The case is set for trial October 10, 2014.

The deadline for dispositive motions and

Daubert motions now has elapsed. One motion was timely filed on June 24, 2014 –
CSX’s motion to bar the testimony of Karen Grossman Tabak, Ph.D., CPA, disclosed by
Plaintiff as an expert who would offer opinion testimony on Plaintiff’s lost wages.
The Court SETS the following briefing schedule for the motion to bar
testimony (Doc. 19). Plaintiff shall respond by July 22, 2014. CSX may file a reply brief
(no longer than 5 pages total, including signature page) by August 5, 2014. The Court
SETS a hearing on the motion on the same day the final pretrial conference currently is
scheduled – Friday, September 19, 2014 (but the time is changed to 10:30 a.m.).

The final pretrial conference is moved to (and the jury instruction conference set
with the final pretrial conference) Tuesday, October 14, 2014 at 10:00 a.m.

Trial

remains as set Monday, October 20, 2014 at 9:00 a.m.
Proposed jury instructions shall be submitted in paper to the undersigned’s
chambers (following the specific directions on Judge Reagan’s webpage) no later than
12:00 noon on October 8, 2014. (Questions regarding preparation/submission of final
pretrial order or proposed jury instructions may be directed to Judge Reagan’s law
clerk, Sheila, at 618-482-9229.)
IT IS SO ORDERED.
DATED June 25, 2014.
s/ Michael J. Reagan
Michael J. Reagan
United States District Judge