Hale v. Empire Express Inc et al
Plaintiff: Sherran K Hale
Defendant: Empire Express Inc, Empire Transportation Inc and J Anthony Bradley
Case Number: 3:2016cv00120
Filed: May 3, 2016
Court: US District Court for the Eastern District of Arkansas
Office: Jonesboro Office
County: Crittenden
Presiding Judge: D. P. Marshall
Nature of Suit: Motor Vehicle
Cause of Action: 28:1441
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 14, 2018 Opinion or Order Filing 193 JUDGMENT: All of Hale's claims, individually and as personal representative of Robert Hale's estate, against all parties are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 12/14/2018. (jak)
September 27, 2018 Opinion or Order Filing 170 ORDER: Pursuant to General Order 54, the Court authorizes Jason J. Yasinsky, David A. Siegel, William Edwards, J. Britt Phillips, Kevin W. Kita, and Jonathan Menuez to bring a cell phone, laptop computer, or personal digital assistant into the Jonesboro Federal Building and Courthouse in Jonesboro on 1-5 October 2018 for the trial in this case. Signed by Judge D. P. Marshall Jr. on 9/27/2018. (jak)
September 21, 2018 Opinion or Order Filing 165 ORDER: Pursuant to General Order 54, the Court authorizes Jason J. Yasinsky, David A. Siegel, William Edwards, J. Britt Phillips, Jonathan Menuez, and Kevin W. Kits to bring a cell phone, laptop computer, or personal digital assistant into the Little Rock Courthouse on 9/26/2018 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 9/21/2018. (jak)
September 17, 2018 Opinion or Order Filing 159 ORDER finding that Hale may not pursue direct liability claims at trial after Empire's admission of liability, No. 149 . Amended answer or answers and amended pretrial submissions due 9/20/2018. Second pretrial in Little Rock at 9:30 a.m. on 9/26/2018 in courtroom B-155. Signed by Judge D. P. Marshall Jr. on 9/17/2018. (jak)
September 10, 2018 Opinion or Order Filing 156 ORDER: Pursuant to General Order 54, the Court authorizes Jason J. Yasinsky, David a Siegel, William Edwards, J. Britt Phillips, Jonathan Menuez, and Kevin W. Kita to bring a cell phone, laptop computer, or personal digital assistant into the Federal Building in Jonesboro on 9/13/2018 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 9/10/2018. (jak)
August 30, 2018 Opinion or Order Filing 148 ORDER: Pretrial disclosures, trial briefs, and proposed jury instructions are now due by 9/7/2018. Empire must file a preliminary statement on liability by 8/31/2018. Pretrial conference remains set for 9/13/2018. 90 Scheduling Order is amended. Signed by Judge D. P. Marshall Jr. on 8/30/2018. (jak)
July 30, 2018 Opinion or Order Filing 144 ORDER: Joint status report 143 noted and appreciated. This case is first-out for trial on 10/1/2018. The request for more trial days is denied. Counsel should submit proposed areas of questioning or draft questions to chambers regarding voir dire by 8/31/2018. Trial will begin at 9:30 a.m. on 10/1/2018. One-hour pretrial to occur on 9/13/2018 at 1:30 p.m. in Jonesboro. Signed by Judge D. P. Marshall Jr. on 7/30/2018. (jak)
July 10, 2018 Opinion or Order Filing 142 ORDER terminating Hale's motion in limine on the inadequate-warnings opinion. Signed by Judge D. P. Marshall Jr. on 7/10/2018. (jak)
June 12, 2018 Opinion or Order Filing 138 ORDER mostly granting and partly denying 127 Motion. 128 Motion is mostly granted and partly denied as well. The Court reserves a ruling on the part of No. 128 about Marceau's inadequate-warnings opinion. Joint supplement of record materials due by 6/20/2018. Signed by Judge D. P. Marshall Jr. on 6/12/2018. (jak)
October 26, 2017 Opinion or Order Filing 123 ORDER granting 80 Motion and dismissing with prejudice Express Transportation, Inc. Granting 83 Motion and dismissing with prejudice the claim for punitive damages against all defendants. Mostly granting and partly denying 77 Motion. The case goes forward (against Winchester's estate and Empire Express by imputation) on Winchester's alleged negligence in various particulars related to the accident itself, in her failure to disclose the insulin-required diagnosis, and on fatigue . The case also goes forward against Empire Express on a direct negligence claim with two supervision-related components: fatigue and excess hours on duty. All other allegations of negligence against either Winchester's estate or Empire Express are dismissed with prejudice. The Court amends the 90 Final Scheduling Order. Motions in limine due by 2/28/2018; responses due by 3/28/2018; and replies due by 4/13/2018. Hearing on motions in limine set for 6/19/2018 at 10:30 a.m. in Little Rock Courtroom B-155, Richard Sheppard Arnold United States Courthouse. Signed by Judge D. P. Marshall Jr. on 10/26/2017. (jak)
September 22, 2017 Opinion or Order Filing 113 ORDER directing the parties to file simultaneous briefs on 9/29/2017. Signed by Judge D. P. Marshall Jr. on 9/22/2017. (jak)
June 21, 2017 Opinion or Order Filing 87 ORDER granting in part and denying in part 70 Motion with directions on defense experts. Signed by Judge D. P. Marshall Jr. on 6/21/2017. (jak)
June 7, 2017 Opinion or Order Filing 76 ORDER granting as modified 74 Joint Motion. On agreement of the parties, the Court strikes these parts of the 33 amended complaint: Paragraphs 23, 24 & 25; and all references to 49 C.F.R. § 391.41(b)(12)(i). Signed by Judge D. P. Marshall Jr. on 6/7/2017. (jak)
March 4, 2017 Opinion or Order Filing 32 ORDER granting as modified 23 Motion to Amend. Clean copy of the revised amended complaint due by 3/8/2017. Defendants' 22 Motion to Amend their answers is denied as moot. Answer or Rule 12 motion in response to the amended complaint due by 3/22/2017. 30 Motion granted. A Second Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 3/4/2017. (jak)
December 13, 2016 Opinion or Order Filing 21 ORDER: 18 Joint report of discovery dispute noted. Defendants are entitled to the requested medical records because they're almost certain to contain relevant information about Robert Hale's injuries. The privilege has been waived by sui t; and the statutory protections are addressed by entry of this order. Last, as defendants say, the collateral source rule has exceptions, plus it governs only admissibility, not discoverability. Plaintiff (or the providers) must provide the records by 23 December 2016. If they come from the providers, defendants must provide plaintiff a copy. Signed by Judge D. P. Marshall Jr. on 12/13/2016. (jak)
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Plaintiff: Sherran K Hale
Represented By: David W. Hill
Represented By: Corey B. Trotz
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Defendant: Empire Express Inc
Represented By: William H. Edwards, Jr.
Represented By: Lawrence A. Sutter
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Defendant: Empire Transportation Inc
Represented By: William H. Edwards, Jr.
Represented By: Lawrence A. Sutter
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Defendant: J Anthony Bradley
Represented By: Lawrence A. Sutter
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