DURKIN v. PACCAR, INC. et al

Filing 219

ORDER: The Court will reserve its decision on 149 Motion for Summary Judgment and re-calendar the motion for 4/29/2013; ORDER denying Deft's 152 Motion to Preclude the Testimony of Pltf's Expert Brooks Rugemer; denying Deft's [1 54] Motion to Preclude the Testimony of Pltf's Expert William Vigilante; granting in part Deft's 174 Motion to Strike Pltf's Responses to the Statement of Undisputed Facts. Signed by Judge Joseph H. Rodriguez on 3/28/2013. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JESSICA DURKIN, both individually ,
and as Administratrix of the Estate and
Administratrix Ad Prosequendum of
the Estate of WILLIAM R. GANGELL,
JR., Deceased,
Plaintiffs,
v.
WABASH NATIONAL,
Defendant.

:
:
:
:
:
:
:
:
:
:
:
:
:

Hon. Joseph H. Rodriguez

Civil Action No. 10-2013

ORDER

These matters having come before the Court upon Motions of Defendant Wabash
National Corporation (hereinafter “Wabash”), for Summary Judgment [Dkt. No. 149]
pursuant to Fed. R. Civ. P. 56, to Preclude the Testimony of Plaintiff’s Experts Brooks
Rugemer [Dkt. No. 152] and William Vigilante [Dkt. No. 154] pursuant to Fed. R. Evid.
702, and to Strike Plaintiff’s Responses to the Statement of Undisputed Facts [174]
pursuant to L. Civ. R. 56.1(a), and the Court having considered the written submissions
as well as the arguments advanced in the two hearings in this matter on February 20,
2013 and March 12, 2013, and the Court determining that it will reserve decision on
Defendant’s Summary Judgment motion until such time that it can review the transcript
record of the hearing on March 12, 2013, therefore,
For the reasons set forth on the record during the hearings in this matter and for
the reasons outlined in the Court’s Opinion of even date,
IT IS on this 28th Day of March, 2013 hereby ORDERED that
The Court will reserve its decision on Summary Judgment [Dkt. No. 149] and recalendar the motion for April 29, 2013; and it is further

ORDERED that Defendant’s Motion to Preclude the Testimony of Plaintiff’s
Expert Brooks Rugemer [Dkt. No. 152] is DENIED consistent with the Court’s Opinion;
and it is further
ORDERED that Defendant’s Motion to Preclude the Testimony of Plaintiff’s
Expert William Vigilante [Dkt. No. 154] is DENIED consistent with the Court’s Opinion;
and it is further
ORDERED that Defendant’s Motion to Strike Plaintiff’s Responses to the
Statement of Undisputed Facts [174] is GRANTED IN PART.

s/ Joseph H. Rodriguez
Hon. Joseph H. Rodriguez,
United States District Judge