Opinion
Case No. 3:08-cv-206-DPM.
September 27, 2010
ORDER
The Court has received the parties' joint letter report (which is attached and incorporated) on open issues. The Court appreciates the parties' continued diligent cooperation.
1. The Court endorses and adopts the parties' proposed and agreed solutions on the Traveler Bar Study and the buck.
2. The Court's preliminary ruling on Polston's statements to Deputy Harris is now its final ruling. Those statements are admissible as excited utterances. The Court will reconsider the seatbelt-habit issue after both parties brief it. Ford has filed its brief. And the Court would appreciate getting Polston's brief by September 29th.
3. The Court will give the jury the option of working school-day hours or banker's hours. If it chooses the former, the Court and counsel will address law issues at the end of each day. If the jury chooses the latter, the Court and counsel will work early or late as needed.
4. On the Federal Motor Vehicle Safety Standards, FMVSS 210 is off the table by agreement. FMVSS 209(e) remains in. Ford should identity to Polston and the Court any other parts of FMVSS 209, and any parts of FMVSS 208, that it intends to use at least the day before Ford anticipates using the regulatory material at trial.
So Ordered.
27 Sept. 2010