POST v. ST. PAUL TRAVELERS INSURANCE CO. et al

Filing 187

ORDER of MEMORANDUM AND/OR OPINION - PURSUANT TO THIS COURT'S ORDER OF JUNE 22, 2009 (DOC. #140), DIRECTING THAT THE ISSUE OF DAMAGES UNDER COUNT 1 OF POST'S AMENDED COMPLAINT BE TRIED TO THE COURT, IT IS ORDERED THAT, CONSISTENT WITH THE M EMORANDUM OF THIS SAME DATE:... IT IS ALSO ORDERED THAT POST'S MOTION TO PRECLUDE DEFENSE EXPERT TESTIMONY (DOC. #160) IS DENIED AS MOOT.. SIGNED BY HONORABLE ANITA B. BRODY ON 6/15/2010. 6/16/2010 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BENJAMIN A. POST, Plaintiff v. ST. PAUL TRAVELERS INSURANCE CO., Defendant : : : : : : :

CIVIL ACTION NO. 06-CV-4587

ORDER AND NOW, this __15th __ day of June 2010, pursuant to this court's Order of June 22, 2009 (Doc #140), directing that the issue of damages under Count I of Post's Amended Complaint be tried to the court, it is ORDERED that, consistent with the memorandum of this same date:

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Post is entitled to reimbursement for work done directly relating to Mercy's potential malpractice claim as of October 12, 2005, and on work done relating to the Sanctions Petition as of November 21, 2005.

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By June 21, 2010, Post must submit an accounting of all reimbursement due to him. By June 25, 2010, St. Paul must submit any reply to Post's accounting. It is also ORDERED that Post's Motion to Preclude Defense Expert Testimony (Doc

#160) is DENIED as moot.

s/ Anita B. Brody __________________________ ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to: