Case No. 1:08-WF-17980.
March 5, 2010
JACK ZOUHARY, District Judge
On March 2, 2010, the Court held hearings on the record on the pretrial motions filed in this case, and entered rulings on many of those motions. This Order documents those rulings made during the final pretrial hearing, solely for the purpose of ensuring the docket no longer shows the motions as pending. For the reasons and to the extent stated on the record, and with the conditions and caveats there explained, the Court ruled as follows: denied. denied denied. denied. denied. denied. granted in part and denied in part. granted denied. granted as unopposed. denied as moot. denied as moot. denied. denied denied as moot. denied. granted. denied. granted in part and denied in part.
All denials of motions regarding admissibility are without prejudice to the parties' right to raise appropriate objections at trial and on appeal. This Order merely documents the Court's rulings in highly simplified fashion; the full contours of the Court's rulings were set out on the record during the hearing, and during previous hearings in this MDL, all of which are incorporated into this record by reference.
Dkt. 119 Hobart's Motion for Summary Judgment on Arroyo's Claim for Punitive Damages is Dkt. 120 Hobart's Motion to Exclude Testimony of Dr. Motgi is , and the parties will submit case-law to the Special Master as directed. Dkt. 121 Hobart's Motion to Exclude Testimony of Dr. Foox is Dkt. 122 Hobart's Motion to Exclude Testimony of Dr. Rodgers is Dkt. 123 Hobart's Motion to Exclude Testimony of Dr. Ulrich is Dkt. 138 Hobart's Motion to Exclude Testimony of Dr. English is Dkt. 126 Hobart's Motion to Exclude Testimony of Dr. Baril is Dkt. 135 Hobart's Motion to Exclude Argument re: Comparative Fault is ; however, the Court reserves ruling regarding the content of jury interrogatories. Dkt. 136 Hobart's Motion to Exclude use of the term "Anti-Warning" is Dkt. 137 Hobart's Motion to Exclude Evidence or Argument Regarding Design Defect is Dkt. 139 Hobart's Motion to Exclude LaFave Emails is Dkt. 140 Hobart's Motion to Exclude the "What Is Welding Fume" PowerPoint is Dkt. 142 Hobart's Motion to Exclude certain "Historical Documents" is Dkt. 143 Hobart's Motion to Exclude the "Railcar Brochure Email" is as moot; plaintiffs will depose Grant Harvey and raise the issue again thereafter if appropriate. Dkt. 145 Hobart's Motion to Exclude the "1967 Shutt Letter" is Dkt. 146 Hobart's Motion to Exclude the "1967 Thomas Memo" is Dkt. 179 Hobart's Motion for Determination of Authenticity is Dkt. 125 Arroyo's Motion to Exclude Testimony of Dr. Sethi is Dkt. 130 Arroyo's Omnibus Motion to Exclude Various Evidence is Further, the parties will submit additional information regarding the relationship between Trinity Industries and Trinity Tank Car, in connection with (a) motion item 13 (non-welding-consumable MSDSs at Trinity Industries) and (b) motion item 9 (the 1988 OSHA violation at Trinity). IT IS SO ORDERED.