Price et al v. Shell Oil Company et al

Filing 235

MINUTE ORDER re parties' questions to clarify the Court's June 20, 2017 order. (See Dkt. Nos. 227 , 233 , 234 .) Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PRICE, et al.,

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CASE NO. C11-1553-JCC
Plaintiffs,

MINUTE ORDER

v.
SHELL OIL COMPANY, et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:

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This matter comes before the Court on parties’ questions to clarify the Court’s June 20,

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2017 order. (See Dkt. Nos. 227, 233, 234.) The Court responds to parties’ questions as follows:

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(1) Prior rulings on motions in limine are operative on retrial.

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(2) The Court will not entertain new motions in limine on retrial.

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(3) The Court will allow witnesses listed in trial briefs, but not called in the first trial, to

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testify on retrial.

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(4) The Court will entertain a motion to take perpetuation depositions of ill witnesses.

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(5) The Court will allow parties to enter exhibits from documents exchanged during 2013

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discovery, even if not entered in the prior trial.
(6) The Court will allow documents produced or testimony given before the conclusion
MINUTE ORDER
C11-1553-JCC
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of the 2014 trial to be used to impeach on retrial.
(7) The Court will not allow parties to use statements of a party opponent made after the
2014 trial for impeachment purposes.
(8) The Court reserves determination on whether it will admit updated earning loss
projections pending further information at trial.
(9) The Court will not allow Plaintiffs to testify regarding additional emotional distress
since the 2014 trial.
(10) In response to Plaintiff’s request for guidance on how to police witnesses from
commenting on events that took place after the first trial, the Court advises Plaintiff to

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clearly instruct and prepare witnesses and to clarify dates of events during

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questioning.

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DATED this 27th day of December 2017.

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William M. McCool
Clerk of Court

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s/Tomas Hernandez
Deputy Clerk

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MINUTE ORDER
C11-1553-JCC
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