Opinion
Civil Action No. 03-3139.
May 22, 2006
MEMORANDUM/ORDER
AND NOW, upon consideration of "Plaintiff Gary Tyler's Motion in Limine to Permit Use of Certain Deposition and Trial Testimony Pursuant to Fed.R.Evid. 804(b)(1)" (Docket # 37), and defendant George O'Neill's response thereto, it is hereby ORDERED that the motion is GRANTED. Plaintiff has demonstrated that, applying the standard announced in Lloyd v. American Export Lines, Inc., 580 F.2d 1179, 1187 (3d Cir. 1978), O'Neill is a successor in interest to William H. Hendrickson, Inc. for purposes of this motion. Plaintiff will be permitted to offer at trial in the instant case deposition and trial testimony obtained from Amtrak employees Harry Glembocki, Douglas Hamilton, Robert McGowan, and/or Tom Butler in connection with the matter of William M. Hendrickson, Inc. v. Amtrak, No. 00-3711 (E.D. Pa.) if, and only if, said individuals are unavailable, within the meaning of FED. R. EVID. 804(a), to testify at trial in the instant case.