Jenks et al v. New Hampshire Motor Speedway, Inc. et al
| Melissa Jenks |
| New Hampshire Motor Speedway, Inc., Breann M. Thompson, Checkered Flag Snack Bar, Textron, Inc. and John Doe, Inc. |
| 1:2009cv00205 |
| June 15, 2009 |
| US District Court for the District of New Hampshire |
| Concord Office |
| Merrimack |
| Joseph A. DiClerico |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
240
ORDER: parties to file agreement for entry of judgment or stipulation of dismissal or plaintiffs shall file motion to enforce settlement on or before 10/24/12. If neither filing is made, case will be dismissed with prejudice. Notice of Compliance Deadline set for 10/24/2012. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
232
ORDER granting as outlined 231 Assented to Motion for ruling on objections in Powell Deposition. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
227
ORDER granting as outlined 219 Motion for court to rule on Isquith deposition objections. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
223
ORDER re: 216 Motion for Protective Order and Clarification. Motion Hearing set for 7/16/2012 10:00 AM before Judge Joseph A. DiClerico Jr. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
221
ORDER denying 210 Motion to Dismiss for Failure to State a Claim (Judgment on the Pleadings re Plaintiffs' Claim for Enhanced Compensatory Damages). Jenkses to file an amended complaint as outlined by 7/13/12. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
214
ORDER denying 179 Motion in Limine to Preclude Plaintiffs from Presenting Expert Testimony in Support of Mrs. Jenks's Loss of Consortium Claim, to Preclude Testimony Regarding any Alleged Burden Imposed on Mrs. Jenks as a Result of Caring for Mr. Jenks, and to Preclude Testimony Regarding Mrs. Jenks's Alleged Emotional Distress Resulting from Mr. Jenks's Injuries. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
201
ORDER re: 183 Motion in Limine to Preclude the Deposition Testimony of Roderick Jenks. Parties to inform the court during or prior to final pretrial conf. whether they expect to submit additional evidence pertaining to Mr. Jenk's competency to testify and if they request a competency hearing. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
170
ORDER granting to the extent as outlined 159 Motion to Allow Evidence and Instruction on the Continuing Duty to Warn. Parties expected to use their best efforts to resolve all or part of this case before trial. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
155
ORDER re golf car at trial. Counsel to contact deputy clerk to make arrangements for delivery and inspection by the US Marshal. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
154
ORDER: Document filing deadlines outlined. Summary Judgment Motions due by 3/19/2012; Notices of DeBenedetto due by 3/9/2012; Summary Judgment Motions on contribution from DeBenedetto due by 3/30/2012. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
152
ORDER: Jury Selection/Trial set for 7/17/2012 09:30 AM before Judge Joseph A. DiClerico Jr. Motions re continuing duty to warn due by 3/14/2012; Follow up on Objection on 3/23/2012; Follow up on Reply on 3/30/2012; Follow up on Surreply on 4/6/2012. Notice of Compliance Deadline set for 5/1/2012 for notice re claims and cross claims. Miscellaneous Deadline set for 6/1/2012 re joint proposed jury instructions and joint proposed special interrogatories and/or verdicts. Counsel to confer and file request for mediation at such time as they deem appropriate. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
151
///ORDER granting in part and denying in part 113 Motion for Summary Judgment. ABLs motion to join in part of Textrons motion 148 is granted. Because that part of Textrons motion seeking summary judgment on the defense of an open and obvious danger is denied, that part of the motion is also denied as to ABL. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
150
ORDER denying 117 Motion in Limine to Preclude Vigilante's testimony. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
149
ORDER denying 118 Motion in Limine to Exclude NEISS Evidence. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
147
ORDER denying without prejudice 135 Motion to Compel. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
146
ORDER denying 111 Motion for Summary Judgment. If ABL intends to join in part of Textron's motion for summary judgment, ABL shall file a motion to join on or before January 20, 2012. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
144
ORDER denying 112 Motion for Summary Judgment by Melissa Jenks. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
109
ORDER granting as outlined 104 Motion to Compel. Counsel for Jenks and Textron to confer within 14 days to resolve the issue of searching Dr. Vigilantes database or file system for his expert reports on warning issues in other cases. Textrons request for a copy of Dr. Vigilantes article is moot. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
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Filing
103
///ORDER granting 96 TFC's Motion for Summary Judgment. TFC is entitled to judgment in its favor on the contribution and indemnification claims (Counts I and II) in the third-party complaint (document no. 66). So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
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Filing
83
ORDER (Corrected) granting in part and denying in part 79 Motion for Discovery. (Change made at bottom of page 7: Topic #48 instead of #38). So Ordered by Magistrate Judge Landya B. McCafferty. (dae)
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Filing
44
ORDER granting 38 Motion for Leave to File Third-Party Complaint ; granting 40 Motion to Amend Answers to Textron, Inc.'s Cross-Claims in Order to Assert Cross-Claims of Their Own. Responsive pleadings shall be filed in accord with the Federal Rules of Civil Procedure. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
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Filing
31
ORDER denying 19 Motion for Summary Judgment on Counts I, II, III and VI. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
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