Herron et al v. APAC of Tennessee Inc et al
| Kenny Herron, Mary Lou Herron and Charles Jeff Gardner |
| APAC of Tennessee Inc, Superior Traffic Control-Memphis Inc, J E Phillips & Sons Inc, Best Truck & Trailer Inc, Richard Carl Adams and Wabash National Corporation |
| 3:2016cv00127 |
| May 12, 2016 |
| US District Court for the Eastern District of Arkansas |
| Jonesboro Office |
| Mississippi |
| D. P. Marshall |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
372
JUDGMENT: Based on the parties' stipulations, the Court's Orders, and the jury's verdict, the Court enters this Judgment: Each plaintiff's claims against APAC of Tennessee, Inc., Superior Traffic Control-Memphis, Inc., J.E Philli ps & Sons, Inc., Best Truck & Trailer, Inc., Richard Carl Adams, and Wabash National Corporation are dismissed with prejudice. No. 370 , 366 , 342 & 272 . APAC's counterclaim and cross-claim against Charles Jeff Gardner, administrator of th e estate of Nicholas McGuire, and its cross-claims against Superior, Phillips, Adams, Best, and Wabash are dismissed without prejudice. No. 279 . Superior's counterclaim and cross-claim against Charles Jeff Gardner, administrator of the estate of Nicholas McGuire, and its cross-claims against APAC, Phillips, Adams, Best, and Wabash are dismissed without prejudice. No. 279 . Phillips and Adams's counterclaims and cross-claims against Charles Jeff Gardner, administrator of the estate o f Nicholas McGuire, are dismissed with prejudice.No. 370 . Phillips and Adams's cross-claims against Wabash and Best are dismissed with prejudice. No. 370 .Phillips and Adams retain the right, however, to reassert these counterclaims and cross -claims if there is an appeal, reversal of judgment, and remand. No. 370 . Phillips and Adams's cross-claims against APAC and Superior are dismissed without prejudice. No. 279 . Best's counterclaim and cross-claim against Charles Jeff G ardner, administrator of the estate of Nicholas McGuire, and cross-claims against Phillips and Adams are dismissed with prejudice. No. 342 . Best's cross-claims against APAC and Superior are dismissed without prejudice. No. 279 . Wabash' s counterclaim and cross-claim against Charles Jeff Gardner, administrator of the estate of Nicholas McGuire, and cross-claims against Phillips and Adams are dismissed with prejudice. No. 342 . Wabash's crossclaims against APAC and Superior are dismissed without prejudice. No. 279 . The Court retains jurisdiction to enforce the parties' various stipulations and settlement agreements until 8/30/2019. Signed by Judge D. P. Marshall Jr. on 7/1/2019. (jak)
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Filing
369
ORDER: The jury had returned its verdict. If any party wishes to be heard on the terms of the judgment, the party should file a paper by 6/18/2019. Signed by Judge D. P. Marshall Jr. on 6/11/2019. (jak)
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Filing
355
ORDER: For the reasons stated in the Court's 352 Order and on the record during the 6/3/2019 hearing, Joint Report No. 351 addressed. Signed by Judge D. P. Marshall Jr. on 6/4/2019. (jak)
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Filing
352
ORDER: Attached are the Court's rulings on the issues about the Rhoades and Wade depositions, No. 351 . The Trooper McDonald issues are belatedly raised, tangled, and new. The Court needs more time to sort through them. Signed by Judge D. P. Marshall Jr. on 5/31/2019. (jak)
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Filing
348
ORDER pursuant to General Order 54, the Court authorizes Bruce Brooke, Dustin Lepkowicz, Perry Ponder, Jay Przybyla, Dr. William Wolters, Ted Scott, Scott Fergus, Dr. Susan Gibbard, Charles Jeff Gardner, W. Timothy Hayes, Jr., Taylor B. Davidson, John Bentley, and Lane VanIngen to bring a cell phone, laptop computer, or personal digital assistant into Jonesboro Federal Building on 6/3/2019 - 6/14/2019 for a trial in this case. Signed by Judge D. P. Marshall Jr. on 5/30/2019. (jak)
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Filing
340
ORDER: The Court's ruling on the deposition designation disputes are in the margin of the parties' 333 Joint Report, which is attached to this Order. Signed by Judge D. P. Marshall Jr. on 5/14/2019. (jak) (Docket text modified on 5/14/2019 to correct a typographical error) (jak)
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Filing
326
ORDER denying 283 , 285 , 286 , and 293 Motions in Limine; tentatively granting 285 Motion in limine; mostly granting and partly denying 287 and 291 Motions in limine; denying as moot 290 Motion in limine; and approving 288 Motion. A revised set of proposed jury instructions, a list of suggested voir dire topics, a revised estimate of time needed for examination of each witness, and any revised deposition designations are due by 5/3/2019. Plaintiff must also notify by that date if Rhoades will be unable to testify at trial for medical reasons. Plaintiffs may file this notice under seal. Signed by Judge D. P. Marshall Jr. on 4/17/2019. (jak)
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Filing
324
ORDER pursuant to General Order 54, the Court authorizes W. Timothy Hayes, Jr., Brian Johnson, Bruce Brooke, Robert Addison, and Dustin Lepkowicz to bring a cell phone, laptop computer, or personal digital assistant into the Federal Building in Jonesboro on 4/15/2019. Signed by Judge D. P. Marshall Jr. on 4/12/2019. (jak)
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Filing
279
ORDER: The Court appreciates and approves the parties' stipulation, 275 , about cross claims and counterclaims. Signed by Judge D. P. Marshall Jr. on 1/24/2019. (jak)
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Filing
272
ORDER denying 246 , 194 , 209 , and 189 Motions. Granting 230 , 202 , 190 , 195 , and 205 Motions. Partly granting and partly denying 213 , 167 , 196 , 168 , and 191 Motions. Notices on third-party claims, cross claims, and trial participation by Mr. McGuire's estate and other non-lead party due by 1/22/2019. Signed by Judge D. P. Marshall Jr. on 1/17/2019. (jak)
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Filing
268
ORDER pursuant to General Order 54, the Court authorizes W. Timothy Hayes, Jr. and Brian Johnson to bring a cell phone, laptop computer, or personal digital assistant into the E.C. Gathings Federal Building and U.S. Courthouse in Jonesboro on 1/15/2019 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 1/4/2019. (jak)
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Filing
244
ORDER: Pursuant to General Order 54, the Court authorizes Bruce Brooke, Robert Addison, and Dustin Lepkowicz to bring a cell phone, laptop computer, or personal digital assistant into the E.C. Gathings Federal Building and U.S. Courthouse in Jonesboro on 1/15/2019 for a trial in this case. Signed by Judge D. P. Marshall Jr. on 12/19/2018. (jak)
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Filing
241
ORDER denying 218 Motion for Reconsideration. The Court will hear argument on all pending motions at 9:00 a.m. Tuesday, 1/15/2019, in Jonesboro as planned. Signed by Judge D. P. Marshall Jr. on 12/17/2018. (jak)
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Filing
164
ORDER granting 162 Motion to file joint report of discovery dispute under seal. Signed by Judge D. P. Marshall Jr. on 9/13/2018. (jak)
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Filing
62
AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 4/24/2017. (thd)
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