Ruark v Union Pacific Railroad Company

Filing 70

ORDER, granting 65 MOTION to Strike Plaintiff's Submitted Final Pretrial Order filed by Union Pacific Railroad Company. In light of the fact that the Court is still without a Final Pretrial Order, a Final Pretrial Conference is set for 5/31/2017 03:00 PM in East St. Louis Courthouse before Judge David R. Herndon. See Order for details. Signed by Judge David R. Herndon on 5/24/17. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DANNY R. RUARK,
Plaintiff,
v.

No. 14-cv-329-DRH-RJD

UNION PACIFIC RAIROAD
COMPANY,
Defendants.

MEMORANDUM & ORDER
HERNDON, District Judge:
Currently pending before the Court is Defendant Union Pacific Railroad’s
Motion to Strike Plaintiff’s Submitted Final Pretrial Order (Doc. 65). Subsequent
to the motion being filed, the Court directed the plaintiff to file a response (Doc.
66). Thereafter, plaintiff filed his response opposing the motion and arguing that
defendant’s objections are without merit (Doc. 68), to which defendant replied
(Doc. 69). For the reasons discussed below, the motion is granted.
Defendant argues that the proposed order submitted by Plaintiff should be
stricken because it erroneously contains numerous statements that were not
presented to the defendant, nor agreed to by defendant. Also, notwithstanding
that fact, the undersigned advised plaintiff’s counsel at the final pretrial
conference that he should submit, and work out with, the defendant an agreed
Final Pretrial Order. Defendant also notes numerous other objections to the
plaintiff’s proposed Final Pretrial Order, which plaintiff opposes.

Here, plaintiff failed to comply with the Court’s direction regarding
submission of a proposed Final Pretrial Order. Plaintiff failed to consult the
defendant, or provide a draft to defendant before submitting the aforementioned
proposed Final Pretrial Order to the Court. Accordingly, the Motion to Strike
Plaintiff’s Submitted Final Pretrial Order (Doc. 65) is GRANTED.
Furthermore, in light of the fact that the Court is still without a Final
Pretrial Order in this case, a second final pretrial conference shall be held before
the undersigned on May 31, 2017, at 3:00p.m. In advance of said hearing, given
the objections on file, the parties are DIRECTED to send copies of the depositions
taken in this case to the Court for review no later than May 30, 2017.
IT IS SO ORDERED.
Signed this 24th day of May, 2017.

Judge Herndon
2017.05.24
19:08:06 -05'00'
United States District Judge