Carroll, Ronald et al v. ABB, Inc. et al

Filing 550

ORDER on July 13th hearing. Signed by District Judge William M. Conley on 07/13/2017. (mfh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

PATRICIA CARROLL, individually and as
personal representative of THE ESTATE OF
RONALD KENNETH CARROLL, deceased,

Plaintiff,

ORDER

v.
15-cv-373-wmc
JOHN CRANE INC.,
Defendant.

This case is set for trial commencing on Monday, July 17, 2017, at 9:00 a.m. The
court continued the final pretrial conference today, July 13, 2017, at which the parties
appeared by counsel. The court made several rulings and set deadlines for additional filings
during that hearing, which this order now formalizes.
ORDER
IT IS ORDERED that:
1) Plaintiffs’ motion to strike the deposition designations of Robert Rygh (May 31,
2012) (dkt. #539) is DENIED IN PART AND RESERVED IN PART.
Plaintiffs’ objection to the designations as untimely is denied. In all other
respects, the motion is reserved pending plaintiffs’ filing of any further general,
as well as specific, objections and any counter-designations, which is due by
12:00 p.m. on Friday, July 14.
2) Plaintiffs’ sub-motion in limine No. 27 (dkt. #469) is GRANTED IN PART
AND RESERVED IN PART. Plaintiffs may impeach defendant’s experts with
extrinsic evidence, but the court reserves as to the actual admission of this
evidence if denied. For example, if defendant’s experts deny that defendant
funded certain research projects and papers, then the court will revisit whether
evidence to this effect should be admitted during rebuttal.

3) With respect to certain reserved motions in defendant’s omnibus motions in
limine (dkt. #452):
a. MIL No. 10: DENIED with respect to job sites where plaintiff worked
and GRANTED with respect to all other job sites.
b. MIL No. 11: MOOTED by defendant’s withdrawal.
c. MIL No. 12: GRANTED as unopposed.
d. MIL No. 15: GRANTED with respect to witness testimony and evidence,
but DENIED with respect to argument.
4) Defendant’s motion in limine to preclude evidence of workers’ compensation
claims (dkt. #454) is GRANTED as unopposed. Defendant’s other motions in
limine concerning post-exposure evidence (dkt. ##453, 455) are RESERVED.
The court will take up defendant’s objections with reference to possible
relevance of specific exhibits to causation tomorrow.
5) Defendant’s motion in limine to preclude “unscientific catch phrases in lieu of
causation proof” (dkt. #456) is GRANTED as to that specific request, but
plaintiffs’ expert may testify to the extent the science supports it that an asbestos
fiber theoretically could cause mesothelioma, so long as the expert does not
suggest, and plaintiff does not argue, that this would be sufficient to demonstrate
liability.
6) During the July 14, 2017, telephonic conference, defendant should be prepared
to advise the court as to whether Dr. Springs is available to testify adversely
during the plaintiffs’ case-in-chief, and if so, on which day.
7) By 5:00 p.m. on Friday, July 14, 2017, plaintiffs should advice the court as to
whether Dan Herman is available to testify in person.
8) The court will continue the final conference by telephone at 12:30 p.m. on
Friday, July 14, 2017, to address issues remaining before trial. Plaintiff is
responsible for setting up the call to Chambers at 608-264-5087.
Entered this 13th day of July, 2017.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge
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