Becker et al v. Judd et al

Filing 157

ORDER: Pretrial conference held on 8/20/09. For the reasons expressed on the record during the conference, which are incorporated herein by reference as if set forth verbatim, the following rulings were made on various motions: The defendants' M otion in Limine No. 1 80 is DENIED. The defendants' Motion in Limine No. 2 82 is DENIED. The defendants' Motion in Limine No. 3 84 has been granted by a separately entered Memorandum and Order. Defendants' Motion in Limine No. 4 86 is GRANTED. Defendants' Motion in Limine No. 5 is 88 is GRANTED IN PART and DENIED IN PART. Defendants' Motion in Limine No. 6 90 is GRANTED IN PART and DENIED IN PART. Defendants' Motion in Limine No. 7 92 is GRANTED. Defendants' Motion in Limine No. 8 94 is GRANTED. Defendants' Motion in Limine No. 9 96 is GRANTED. Defendants' Motion in Limine No. 10 98 is GRANTED IN PART and DENIED IN PART. Defendants Motion in Limine No. 11 100 is GRANT ED AS TO DAMAGES ONLY. The plaintiffs' expert witness, Dennis Crawford, will be allowed to testify as to facts concerning the accident itself. Defendants' Motion in Limine No. 12 102 has been ruled on in a separately entered Memorandum an d Order. The plaintiffs' Motion for Permission to File Late Motions in Limine 124 is DENIED. The defendants' Motion to Exclude Testimony of David A. West, D.O. 147 is DENIED, conditioned upon the plaintiffs' filing of the Dr. West statement as to Diane Becker-Knox under Local Rule 39.01(c)(6)c. by 5:00 p.m. on 8/21/2009 and furnishing complete medical expense documentation to defense counsel by the same deadline. The plaintiffs' Motion For Leave to Late-File The Expert W itness Statement of David West, D.O. 141 is GRANTED. The defendants' Motion to Exclude Testimony of Pamela M. Auble, Ph.D. 149 is DENIED, conditioned upon the plaintiffs' filing of an edited Local Rule 39.01(c)(6)c. statement for Dr. Au ble by 5:00 p.m. on 8/21/2009. The defendants' Motion to Strike Plaintiffs Trial Exhibits 151 is GRANTED IN PART and DENIED IN PART. By Monday, 8/24/2009, at 12:00 noon, the parties shall fax to chambers a short, one-paragraph theory of their version of the case. By Monday, 8/24/2009, by 5:00 p.m., the parties shall file any special request instructions. By 5:00 p.m. on 8/21/2009, plaintiffs' counsel shall furnish deposition designations to defense counsel from the deposition of Dr. John Griffin. Signed by District Judge Aleta A. Trauger on 8/20/09. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NORTHEASTERN DIVISION DOUGLAS BECKER and DIANE BECKER-KNOX, Plaintiffs, v. GERALD JUDD and WAL-MART TRANSPORTATION, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ORDER The pretrial conference was held in this case on August 20, 2009. For the reasons expressed on the record during the conference, which are incorporated herein by reference as if set forth verbatim, the following rulings were made on various motions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The defendants' Motion in Limine No. 1 (Docket No. 80) is DENIED. The defendants' Motion in Limine No. 2 (Docket No. 82) is DENIED. The defendants' Motion in Limine No. 3 (Docket No. 84) has been granted by a separately entered Memorandum and Order. Defendants' Motion in Limine No. 4 (Docket No. 86) is GRANTED. Defendants' Motion in Limine No. 5 is (Docket No. 88) is GRANTED IN PART and DENIED IN PART. Defendants' Motion in Limine No. 6 (Docket No. 90) is GRANTED IN PART and DENIED IN PART. Defendants' Motion in Limine No. 7 (Docket No. 92) is GRANTED. Defendants' Motion in Limine No. 8 (Docket No. 94) is GRANTED. Defendants' Motion in Limine No. 9 (Docket No. 96) is GRANTED. Defendants' Motion in Limine No. 10 (Docket No. 98) is GRANTED IN PART and DENIED IN PART.

Civil No. 2:08-0023 Judge Trauger

11. 12. 13. 14.

Defendants' Motion in Limine No. 11 (Docket No. 100) is GRANTED AS TO DAMAGES ONLY. The plaintiffs' expert witness, Dennis Crawford, will be allowed to testify as to facts concerning the accident itself. Defendants' Motion in Limine No. 12 (Docket No. 102) has been ruled on in a separately entered Memorandum and Order. The plaintiffs' Motion for Permission to File Late Motions in Limine (Docket No. 124) is DENIED. The defendants' Motion to Exclude Testimony of David A. West, D.O. (Docket No. 147) is DENIED, conditioned upon the plaintiffs' filing of the Dr. West statement as to Diane Becker-Knox under Local Rule 39.01(c)(6)c. by 5:00 p.m. on August 21, 2009 and furnishing complete medical expense documentation to defense counsel by the same deadline. The plaintiffs' Motion For Leave to Late-File The Expert Witness Statement of David West, D.O. (Docket No. 141) is GRANTED. The defendants' Motion to Exclude Testimony of Pamela M. Auble, Ph.D. (Docket No. 149) is DENIED, conditioned upon the plaintiffs' filing of an edited Local Rule 39.01(c)(6)c. statement for Dr. Auble by 5:00 p.m. on August 21, 2009. The defendants' Motion to Strike Plaintiffs' Trial Exhibits (Docket No. 151) is GRANTED IN PART and DENIED IN PART.

15. 16.

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It is further ORDERED that, by Monday, August 24, 2009, at 12:00 noon, the parties shall fax to chambers a short, one-paragraph theory of their version of the case. It is further ORDERED that, by Monday, August 24, 2009, by 5:00 p.m., the parties shall file any special request instructions. It is further ORDERED that, by 5:00 p.m. on August 21, 2009, plaintiffs' counsel shall furnish deposition designations to defense counsel from the deposition of Dr. John Griffin. It is so ORDERED. Enter this 20th day of August 2009. ________________________________ ALETA A. TRAUGER U.S. District Judge