Whitaker v. Hyundai Motor Company et al

Filing 113

ORDER granting 100 Motion for Reconsideration; granting 94 Motion for Voluntary Dismissal of Certain Claims ONLY and dismissing with prejudice certain claims as set forth in the order; granting 80 Motion for Court to Take Judicial Notice of Public Records; denying 65 Motion to Exclude; denying 68 Motion in Exclude; denying 69 Motion in Exclude; denying 63 Motion for Summary Judgment. Signed by Chief Judge Michael F. Urbanski on 10/96/18. (sas)

CLERK'S OFFICE U.S. DJST. COURT
AT Rel.A.NOKE, VA
FJLEO

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
CLARENCE EDWARD
WHITAKER, on behalf of himself
and as Administrator of the Estate
of Shannon Marie Whitaker,
deceased,

)
)
)
)
)
)
Plaintiff,
)
)
v.
)
)
HYUNDAI MOTOR COMPANY, )
et al.,
)
)
Defendants.
)

ocr 1 o2o1a

Case No. 7:17-cv-00055

Michael F. Urbanski
Chief United States District Judge

By:

ORDER
For the reasons stated in the accompanying Memorandum Opinion:
1.

Defendants Hyundai Motor Company's ("HMC") and Hyundai Motor
America, Inc.'s ("HMA," and collectively with HMC, "Defendants") Motion
for Reconsideration of Order Granting Voluntary Dismissal Without
Prejudice, ECF No. 100, is GRANTED.

2.

Plaintiff Clarence Edward Whitaker's Motion for Voluntary Dismissal of
Certain Claims ONLY, ECF No. 94, is GRANTED, and the following
portions of the Complaint, ECF No.1, are DISMISSED with prejudice:
a. Counts III, IV, and VI of the Complaint;
b. recitations and claims set forth in paragraphs 18 through 22, 24, 26, 36,
and 38 through 40 of the Complaint; and

c. those portions of paragraphs 23, 27, 29, 31, 35, and 44 that referenced
the other dismissed portions of the Complaint.

3.

Plaintiffs Motion for the Court to Take Judicial Notice of Public Records,
ECF No. 80, is GRANTED.

4.

Defendants' Motion to Exclude Plaintiffs Witnesses, ECF No. 65, is

DENIED.
5.

Plaintiffs Motion to Exclude the Testimony of Defendants' Expert Witness
Eddie Ray Cooper, ECF

6.

o. 68, is DENIED.

Plaintiffs Motion to Exclude the Testimony of Defendants' Expert Witness
Charles A. Rau,Jr., ECF No. 69, is DENIED.

7.

Defendants' Motion for Summary Judgment, ECF No. 63, is DENIED.

It is SO ORDERED.

Entered:

I

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Michael F. Urbanski
Chief United St~t --·