Opinion
MDL DOCKET NO. 875
11-20-2012
Consolidated Under
Cases listed in Exhibit "A," attached
ORDER
AND NOW, this 19th day of November, 2012, it is hereby ORDERED that the Objections to the Reports and Recommendations by Magistrate Judge Angell listed in Exhibit "A," attached, regarding the Motions to Exclude Expert Testimony, are OVERRULED.
Upon objection to a written order of a magistrate judge regarding a nondispositive matter, the "district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law." Fed. R. Civ. P. 72(a). Judge Angell's rulings granting or denying motions to exclude expert testimony were neither clearly erroneous nor contrary to law.
It is further ORDERED that the parties are to contact Judge Angell's chambers so that Her Honor, in her discretion, can decide whether to hold status conferences in these cases to ascertain their status and what further action is needed.
AND IT IS SO ORDERED.
_________________
EDUARDO C. ROBRENO, J.
EXHIBIT A
Case number: 09-74245, Hyers
Document number: 21, Objections by CSX Transportation, Inc.
Case number: 09-74467, Easton
Document number: 25, Plaintiff's appeal
Case number: 09-75120, Breedlove
Document number: 69, Objections by CSX Transportation, Inc.
Case number: 09-92610, Howell
Document number: 28, Objections by CSX Transportation, Inc.
Case number: 09-92636, Shuman
Document number: 20, Plaintiff's appeal
Case number: 09-92637, Taylor
Document number: 23, Plaintiff's appeal
Case number: 09-92640, Rosenblatt
Document number: 34, Objections by CSX Transportation, Inc.
Case number: 10-60959, Howard
Document number: 16, Objections by CSX Transportation, Inc.
Case number: 10-60978, Wolfe
Document number: 25, Plaintiff's appeal
Case number: 10-78962, Lowman
Document number: 18, Objections by CSX Transportation, Inc.