Tiburzi et al v. Holmes Transport, Inc. et al
| Mark Tiburzi and Cheryl Tiburzi |
| Holmes Transport, Inc., Holmes Transport and Logistics, LLC and Jeffrey D. Knight |
| 4:2008cv01151 |
| August 7, 2008 |
| US District Court for the Eastern District of Missouri |
| Motor Vehicle Office |
| St. Louis - County |
| David D. Noce |
| Both |
| Diversity |
| 28:1391 Personal Injury |
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Filing
71
MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motions of plaintiffs to compel responses to discovery by defendant Jeffrey D. Knight (Doc. 66 ) and for sanctions for the failure of defendant Holmes Transport, Inc., to respond to discovery reque sts (Doc. 67 ) are sustained as follows below. IT IS FURTHER ORDERED that the defendants shall forthwith respond to any unanswered requests for discovery propounded by the plaintiffs. IT IS FURTHER ORDERED that defendants' counsel, Gary E. Wise man, Esq., pay to plaintiffs' counsel, James E. Whaley, Esq., and the Brown and James, P.C., law firm, the sum of $1,476.00 within 14 days or within another period of time agreed to by both said counsel. IT IS FURTHER ORDERED that defendants forthwith pay plaintiffs' counsel the sum of $342.36, the expense of copying documents. Signed by Magistrate Judge David D. Noce on 01/11/2010. (DJO)
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Filing
46
OPINION......During the non-jury trial proceedings, the court severed for a separate trial the claim of intervenor Famous Footwear/Brown Shoe Company, Inc. for subrogation against the plaintiffs of the amount of workers compensation damages it paid t o plaintiffs. See Fed. R. Civ. P. 42 (b).12 Because the claim of the plaintiffs against the defendants is not in any way dependent upon the claim of the intervenor, there is no just reason for the court to delay entering final judgment on the claims of plaintiffs against defendants. See Fed. R. Civ. P. 54(b). An appropriate final judgment order on the plaintiffs claims is issued herewith. (see attached opinion). Signed by Magistrate Judge David D. Noce on 8/20/09. (KMS)
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