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)

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.

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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
[e-mail]

/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
[phone] – Fax: [phone]
[e-mail]

Counsel for Plaintiffs

Counsel for Defendants

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