JACKSON v. ALLSTATE INSURANCE COMPANY

Filing 74

ORDER TO SHOW CAUSE. The Court, having reviewed 70 Defendant's Motion to Dismiss, now orders Plaintiff to show cause why summary judgment should not enter on Count I. Plaintiff's response shall be filed on or before 12 noon on Friday, May 20, 2011. See Order for further details. Signed by Judge Sarah Evans Barker on 5/18/2011.(PGS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION

PAUL A. JACKSON,
Plaintiff,
vs.
ALLSTATE INSURANCE COMPANY,
Defendant.

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4:09-cv-120-SEB-WGH

SHOW CAUSE ORDER

Having reviewed Defendant’s Motion to Dismiss [Docket No. 70] and the
response of Plaintiff, and being duly advised, the Court enters the following orders for
expedited response(s):
(1)

Plaintiff is hereby ORDERED to show cause why summary judgment should not
enter on Count I, specifically, on the issue of causation, pursuant to the holdings in
Wallace v. McGlothan, 606 F.3d 410 (7th Cir. 2010) and Daub v. Daub, 629
N.E.2d 873 (Ind. Ct. App. 1994), given that Plaintiff is claiming that his injuries
resulting from the subject automobile accident were separate from and unrelated to
any preexisting medical condition, while conceding that he lacks any expert
testimony to that effect (or the testimony of any other witness) who is prepared and
qualified to inform the jury as to this complicated medical issue which is clearly a
matter beyond the understanding of laypersons.

(2)

In responding to this order, Plaintiff is directed to reference the specific evidence
(including specifically identified witness(es) and the anticipated actual testimony)
he intends to adduce at trial to prove causation.

(3)

Plaintiff’s response must be filed with the Court at or before noon, Friday, May 20,
2011. Based on the information provided, the Court will determine whether to
proceed with summoning a jury on Monday, May 23, 2011, and commence trial, or
to enter summary judgment in Defendant’s favor based on Plaintiff’s inability to
prove an essential element of his claim.
IT IS SO ORDERED.

05/18/2011
Date: _______________________

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

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Copies to:
Thomas David Collignon
COLLIGNON & DIETRICK PC
[e-mail]
Patrick Joseph Dietrick
COLLIGNON & DIETRICK
[e-mail]
Michael B. Knight
COLLIGNON & DIETRICK, PC
[e-mail]
Harry B. O'Donnell IV
[e-mail]

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