Linfoot et al v. MD Helicopters, Inc. et al

Filing 164

ORDER: The Court will grant Plaintiffs' request to depose up to three of the five individuals described in Plaintiffs' supplemental notice. Plaintiffs have 90 days to take these depositions and notify the Court of any information discove red that is relevant to MDHC's statute-of-repose defense. MDHC will have 15 days to respond to Plaintiffs' supplemental notice. The Court will then rule on the pending motion. Signed by District Judge Kevin H. Sharp on 2/18/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
GARY LINFOOT and wife
MARILYN LINFOOT, and GREGORY
COOPER,
Plaintiffs,
v.
MD HELICOPTERS, INC.,
MCDONNELL DOUGLAS HELICOPTER
COMPANY,L-3 COMMUNICATIONS
CORPORATION, and
KAMATICS CORPORATION,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 3:09-cv-639
Judge Sharp

ORDER
Defendant McDonnell Douglas Helicopter Company (MDHC) filed with the Court a
renewed motion for summary judgment on March 28, 2012, as to choice of law and the
application of a 10-year statute of repose relevant to Plaintiffs’ claims against MDHC. (Docket
Nos. 111 & 113). That motion is fully briefed. (Docket Nos. 123 & 127).
On November 1, 2013, the parties filed supplemental notices regarding the status of
discovery from the Army. (Docket Nos. 152 & 153). On November 12, 2013, the Court granted
Plaintiffs’ request to defer ruling because discovery from the Army was incomplete. (Docket
No. 154). Although that discovery request is now complete, Plaintiffs request additional time to
depose five individuals who allegedly have direct knowledge of MDHC’s involvement with the

“design, testing and acceptance” of component parts of the subject helicopter that Plaintiffs say
are “central” to their opposition to MDHC’s motion. (Docket No. 162 at 7).
The Court will grant Plaintiffs’ request to depose up to three of the five individuals
described in Plaintiffs’ supplemental notice. (Id.). Plaintiffs have 90 days to take these
depositions and notify the Court of any information discovered that is relevant to MDHC’s
statute-of-repose defense. MDHC will have 15 days to respond to Plaintiffs’ supplemental
notice. The Court will then rule on the pending motion.
It is SO ORDERED.

_________________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE