STATE FARM FIRE & CASUALTY COMPANY v. TOLL BROTHERS, INC. et al

Filing 71

ORDER THAT MOTION IN LIMINE OF DEFT JOHN GRIMLEY TO PRECLUDE THE TESTIMONY OF PLFF'S EXPERT WITNESS MICHAEL WALD IS GRANTED IN PART & DENIED IN PART, ETC. DEFT JOHN GRIMLEY'S MOTION FOR SUMMARY JUDGMENT IS DENIED. IT IS FURTHER ORDERED THAT ON OR BEFORE 6/15/2017, COUNSEL SHALL JOINTLY REPORT TO THE COURT WITH RESPECT TO WHETHER THE CASE IS SETTLED, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/17/17. 5/18/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STATE FARM FIRE & CASUALTY
COMPANY, as subrogee of the Estate of
Alkis J. Marland,
Plaintiff,
v.

CIVIL ACTION

NO. 14-6535

HARTMAN CONTRACTORS,
JOHN GRIMLEY, trading as “JG
ASSOCIATES,” and
ANTHONY ELECTRIC,
Defendants.
ORDER
AND NOW, this 17th day of May, 2017, upon consideration of the Motion in Limine
(Daubert Motion) of Defendant John Grimley, t/a and/or d/b/a JG & Associates[,] to Preclude
the Testimony of Plaintiff’s Proffered Expert Witness Michael Wald (Document No. 60, filed
Jan. 13, 2017); Defendant John Grimley[‘s], t/a and/or d/b/a JG & Associates[,] Motion for
Summary Judgment (Document No. 60, filed Jan. 13, 2017); Plaintiff’s Response in Opposition
to Defendant Grimley’s Motion to Preclude the Testimony of Plaintiff’s Expert, Michael Wald
(Document No. 64, filed Feb. 10, 2017); and Plaintiff’s Response in Opposition to the Motion
for Summary Judgment of Defendant Grimley t/a or d/b/a JG & Associates (Document No. 65,
filed Feb. 10, 2017), for the reasons set forth in the accompanying Memoradum dated May 17,
2017, IT IS ORDERED as follows:
1.

The Motion in Limine (Daubert Motion) of Defendant John Grimley, t/a and/or

d/b/a JG & Associates[,] to Preclude the Testimony of Plaintiff’s Expert Witness Michael Wald
is GRANTED IN PART and DENIED IN PART, as follows:

a.

The parts of Grimley’s Motion in Limine that seek to exclude Wald’s

opinions with respect to the origin of the fire and the reason why Grimley used 2-inch drywall
screws are GRANTED; and
b.
2.

The Motion in Limine is DENIED in all other respects.

Defendant John Grimley[‘s], t/a and/or d/b/a JG Associates[,] Motion for

Summary Judgment is DENIED.
IT IS FURTHER ORDERED that, on or before June 15, 2017, counsel shall jointly
report to the Court (letter to Chambers, Room 12613) with respect to whether the case is settled. 1
In the event the case is not settled on or before June 15, 2017, counsel shall include in their joint
report a statement as to whether they believe further settlement conferencing before United
States Magistrate Judge Thomas J. Rueter might be of assistance in resolving the case and, if so,
by what date they will be prepared to begin such proceedings. In the event that the case is not
reported settled and counsel do not agree on settlement conferencing, counsel shall include in
their joint report a proposed schedule for all further proceedings.
BY THE COURT:
/s/ Hon. Jan E. DuBois

DuBOIS, JAN E., J.

1

Plaintiff shall provide defendant with a demand on or before May 24, 2017.
2