Roney et al v. Gencorp et al

Filing 630

ORDER granting 501 MOTION in Limine; 511 Defendant's motion in Limine to Exclude Unauthenticated Documents, the Court Orders Plaintiff, by Friday, 09/18/2009 to perform the following tasks; 1. Narrow the list of exhibits; 2. Provide the basi s for authenticity of each; 3. Describe the purpose for which each exhibit will be offered; granting 513 MOTION in Limine; 519 Defendants' Joint Motion in Limine to Exclude Hearsay Evidence of Statement Made by Non-Parties, the Court Orders Plaintiff, by Friday, 09/18/2009, to perform the following tasks; 1. Narrow the list of Exhibits; 2. Provide the basis for authenticity of each; 3. Describe the purpose for which each exhibit will be offered; Denying as moot 522 MOTION in Limine; g ranting 525 MOTION in Limine; denying 527 MOTION in Limine; granting in part and denying in part 529 MOTION in Limine; denying 531 MOTION in Limine; denying 536 MOTION in Limine; denying 538 MOTION in Limine; deferring ruling on 542 MOT ION to Bifurcate; denying 573 MOTION in Limine; denying 577 MOTION in Limine; taking under advisement 592 MOTION in Limine; granting 594 MOTION in Limine. Signed by Judge Robert C. Chambers on 9/14/2009. (cc: attys; any unrepresented party) (skm)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION

CHESTER RONEY, Individually and as Executor of the Estate of Henry Clay Roney, Jr., Plaintiff, v. GENCORP, et al., Defendants. ORDER On September 10th and 11th 2009, the Court heard argument and took evidence on each of the pending motions. The following were resolved as indicated. 1. (Doc. 501) PPG Industries, Inc.'s Motion in Limine to Preclude Introduction of Any Testimony or Argument Regarding Communications, or Lack Thereof With Any Union and the Results of Such Communications CIVIL ACTION NO. 3:05-0788

Plaintiff does not oppose the motion. Accordingly, the Court GRANTS it. 2. (Doc. 511) Defendants' Motion in Limine to Exclude Unauthenticated Documents

The Court ORDERS Plaintiff, by Friday, September 18, 2009 to perform the following tasks: 1) Narrow the list of exhibits 2) Provide the basis for authenticity of each 3) Describe the purpose for which each exhibit will be offered.

3.

(Doc. 513) Defendants' Joint Motion in Limine to Exclude Evidence of Certain Irrelevant and Prejudicial Matters

The only remaining portion of this motion at the time of hearing was to exclude statements that punitive damages should be used to punish for harm to non-parties. Plaintiff's counsel did not object. Accordingly, the Court GRANTS the motion. Counsel will be precluded from offering evidence of harm to non-parties without leave of the Court. 4. (Doc. 519) Defendants' Joint Motion in Limine to Exclude Hearsay Evidence of Statements Made by Non-Parties.

The Court ORDERS Plaintiff, by Friday, September 18, 2009 to perform the following tasks: 1) Narrow the list of exhibits 2) Provide the basis for authenticity of each 3) Describe the purpose for which each exhibit will be offered. 5. (Doc. 522) Defendants' Joint Motion in Limine to Preclude Introduction of Any Evidence Relating to Acroosteolysis and Any Argument Referring to the Same

At hearing, counsel withdrew this motion. As such, the Court DENIES it as moot. 6. (Doc. 525) PPG's Motion in Limine to Exclude Evidence or Argument Regarding Railroad Tank Car Warnings

Plaintiff's counsel did not object to this motion. The Court GRANTS it accordingly. 7. (Doc. 527) Defendants' Joint Motion in Limine to Preclude Evidence of Conduct After 1974

After hearing argument from the parties, as stated on the record, the Court DENIES the motion. Plaintiff may present evidence, even if generated after 1974, which bears upon the state-ofthe-art knowledge surrounding vinyl chloride, Defendants' specific knowledge, or Defendants' conduct prior to January 1974.

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8.

(Doc. 529) Defendants' Motion in Limine to Exclude References to Deposition Testimony of Decedents Co-Workers Regarding Exposure to Vinyl Chloride Monomer

The Court GRANTS this motion in part and DENIES it in part. Plaintiff will be permitted to reference deposition testimony regarding co-workers vinyl chloride exposure, except that he will not be permitted to reference the incident of a co-worker passing out. 9. (Doc. 531) Plaintiff's Motion in Limine

For reasons apparent, and as stated on the record, Court DENIES the motion. 10. (Doc. 536) Defendants' Motion in Limine to Exclude Expert Opinion Evidence Beyond the Scope of the Expert Reports in Discovery and/or Inconsistent with Previous Testimony

For reasons stated on the record, the Court DENIES the motion. Defendants, however, will be permitted to raise objections during trial. 11. (Doc. 538) Defendant's Motion in Limine to Preclude Evidence Relating to Efforts to Petition the Federal Government Regarding the Adoption of Occupational Exposure Standards for VCM

For reasons explained on the record, the Court DENIES the motion. Plaintiff will be precluded, however, from arguing that liability should be based on efforts to defraud the government. 12. (Doc. 542) Defendants' Motion to Bifurcate Trial

The Court DEFERS ruling on this motion until after resolution of summary judgment motions. 13. (Doc. 573) Defendants' Motion in Limine to Exclude Improperly Identified Witnesses and Exhibits in Plaintiff's Revised Proposed Pretrial Statement

For reasons explained on the record, the Court DENIES the motion. Defendants, however, may raise objections to third party depositions at trial. -3-

14.

(Doc. 577) Defendants' Motion in Limine to Preclude Introduction of Any Evidence, Argument or Opinion Relating to Defendants' Knowledge that VCM Caused "Liver Damage" or "Liver Injury"

For the reasons stated on the record, the Court DENIES the motion. Plaintiff will be permitted to offer evidence relevant to show an increased risk of liver injury. 15. (Doc. 592) PPG Industries, Inc.'s Motion in Limine to Exclude Any Argument Reference or Evidence Relating to the Duty to Inspect or Test

At the time of the hearing, Plaintiff had not yet submitted a response. The Court will take this motion under advisement. 16. (Doc. 594) Defendants' Joint Motion in Limine to Exclude Evidence of Pantasote Ceasing Operations

For reasons explained on the record, the Court GRANTS this motion. Plaintiff may seek leave to introduce such evidence if Defendants' open the door. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: September 14, 2009

ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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