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)

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IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DAVE J. PARILLO, et al. PLAINTIFFS, VS. WERNER CO., et al. DEFENDANTS. : : : : : : : : : CASE NO. 3:14-cv-369 DISTRICT JUDGE THOMAS M. ROSE STIPULATION MOTION IN LIMINE REGARDING TREATING PHYSISCIANS Now come the parties, by and through counsel, and hereby stipulate and agree to the following with regard to Defendant’s Motion in Limine for Plaintiffs’ Treating Physicians (Doc #76). The parties agree that Defendant’s Motion shall be granted and Plaintiff’s treating physician shall not be permitted to serve as expert witnesses in this case. The medical providers of Plaintiff namely: Keith Boor, M.D., Leo Boggs, M.D., and Richard C. Stuntz, M.D., are identified as “fact witnesses” and did not provide the requisite disclosures pursuant to Fed.R. 26(a)(2)(B) or (C). Accordingly, the testimony of Plaintiff’s treating physicians shall be limited to the treatment they provided to Plaintiff Dave Parillo. These witnesses are not expert witnesses and shall not offer any testimony, opinions or conclusions related to diagnosis, prognosis, causation and/or permanency of any injuries alleged by Dave Parillo. These fact witnesses shall not offer opinions and/or conclusions as to the reasonableness, necessity and relatedness of medical procedure or technique regarding the Plaintiff’s alleged injuries In addition, these fact witnesses shall not offer any testimony or opinion related to a diagnosis, opinion or conclusion made by another physician regardless of whether said opinion or conclusion appears in the medical records. Lastly, these witnesses shall not offer any testimony or opinions to a reasonable degree of medical certainty. Respectfully submitted, s/Percy Squire, Esq. Percy Squire (0022010) 341 S. Third Street, Suite 10 Columbus, Ohio 43215 614-224-6528 Telephone 614-224-6529 Facsimile /Michael P. Quinlan, Esq. Michael P. Quinlan, Esq. (0066718) Edward O. Patton, Esq. (0042004) North Point Tower 1001 Lakeside Ave., Suite 1400 Cleveland, OH 44114 (216) 523-1500 – Fax: (216) 523-1705 Counsel for Plaintiffs Counsel for Defendants 2

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