Parillo et al v. New Werner Co. et a.

Filing 84

ENTRY AND ORDER TERMINATING MOTIONS IN LIMINE [76,78,79] RE: EXPERT WITNESSES, PREJUDICIAL TESTIMONY AND DAMAGES REPORT; GRANTING MOTION IN LIMINE 77 RE: WERNER CO.'S BANKRUPTCY; AND SETTING BRIEFING SCHEDULE ON MOTION IN LIMINE 83 RE: LAY OP INION TESTIMONY. Plaintiffs are ORDERED to respond to that Motion in Limine 83 by September 11, 2017. Lowe's may file a reply in support of the Motion in Limine by September 13, 2017. If the Court deems oral argument necessary, it will hear th e matter before the commencement of trial onSeptember 18, 2017. In light of the above rulings, the Court will not proceed with the hearing that was tentatively scheduled for September 11, 2017. Signed by Judge Thomas M. Rose on 9-7-2017. (Attachments: # 1 Exhibit A) (de)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVE J. PARILLO, et al.,
Plaintiffs,
v.
WERNER CO., et al.,
Defendants.

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Case No. 3:14-cv-369
Judge Thomas M. Rose

ENTRY AND ORDER TERMINATING MOTIONS IN LIMINE (DOCS. 76,
78, 79) RE: EXPERT WITNESSES, PREJUDICIAL TESTIMONY AND
DAMAGES REPORT; GRANTING MOTION IN LIMINE (DOC. 77) RE:
WERNER CO.’S BANKRUPTCY; AND SETTING BRIEFING SCHEDULE
ON MOTION IN LIMINE (DOC. 83) RE: LAY OPINION TESTIMONY
This case is before the Court on five Motions in Limine (Docs. 76-79, 83) filed by
Defendant Lowe’s Home Centers, LLC (“Lowe’s”) in anticipation of trial. On August 24,
2017, the Court held the Final Pretrial Conference, during which the parties addressed
four of the five pending Motions in Limine (Docs. 76-79). The parties agreed to further
discuss the Motions in Limine after the Final Pretrial Conference to determine if any of
them could be resolved by agreement.
On September 5, 2017, Lowe’s filed a fifth Motion in Limine (Doc. 83) and
notified the Court that the parties had entered into a Stipulation resolving its Motion in
Limine to Preclude Testimony of Plaintiffs’ Medical Expert Witnesses (Doc. 76). The
Court ACCEPTS the parties’ Stipulation, attached hereto as an exhibit. The parties shall
comply with the Stipulation’s terms, absent leave of Court. The Court therefore

TERMINATES the Motion in Limine (Doc. 76) as moot.
On September 6, 2017, Lowe’s notified the Court that the parties resolved three
additional Motions in Limine. Specifically, the parties agreed that the Motion in Limine
(Doc. 77) to Preclude Testimony of the Pecuniary Condition of the Defendant should be
granted. The Court therefore GRANTS the Motion in Limine (Doc. 77) and
PROHIBITS Plaintiffs from eliciting or mentioning any information regarding former
co-Defendant Werner Co.’s prior bankruptcy at trial. Lowe’s also agreed to withdraw its
Motions in Limine (Docs. 78-79) regarding prejudicial testimony and Plaintiffs’
damages report. The Court therefore TERMINATES those Motions in Limine (Docs. 7879) per the parties’ agreement.
Plaintiffs have not responded to the most recent Motion in Limine (Doc. 83), by
which Lowe’s seeks to prohibit Plaintiffs from offering lay opinion testimony as to
medical causation, diagnosis, prognosis or permanency. Plaintiffs are ORDERED to
respond to that Motion in Limine (Doc. 83) by September 11, 2017. Lowe’s may file a
reply in support of the Motion in Limine by September 13, 2017. If the Court deems oral
argument necessary, it will hear the matter before the commencement of trial on
September 18, 2017. In light of the above rulings, the Court will not proceed with the
hearing that was tentatively scheduled for September 11, 2017.
DONE and ORDERED in Dayton, Ohio, this Thursday, September 7, 2017.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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