Adams, et al v. USA
Timm Adams, Barbara Adams, Arrow Head Potato Co, White Farms, Inc., N Bruce Bagnall, Paula Bagnall, Norland Farms, Inc., Norman L Bagnall, Lynn Bailey, Norma Bailey, Bailey Farms, Inc., Ball Brothers Farms, Dan Ball, Susan Ball, Bud Ball, Lou Ball, Larry Ball, Lola Ball, Randy Ball, Julie Ball, Terry Ball, Gena Ball, Gary Ball, Laura Ball, Bryan Ball, Suzette Ball, Linda Ball, Triple B Farms, Jerry Ball, Carma Ball, Jerry Ball, Inc., Ronald Bartholoma, Julie Bartholoma, Rick Bauer, Dennis Bauer, D&R Farms, D&R Tarp, Randy Bauscher, Tom Haynes, B&H Farming, B&H, Inc., Behrend, Behrend & Knittel, Paul Behrend, Debbie Behrend, Nicholas Behrend, Kristin Behrend, Greg Knittel, Jennecca Knittel, Nic Behrend Farms, Greg Knittel Farms, Boyd A Bingham, Sherry Bingham, Wallace S Bingham, II, Nancy Bingham, Terry Browning, Zola Browning, Greg Cameron, Rett Cameron, James T Chapman, Jan Chapman, Chapman Farms, Boyd E Christensen, Janet Christensen, D Boyd, Ida Chugg, Clingers, Inc., Leland Clinger, Jerome Clinger, Dallas Clinger, Tina Clinger, Jerome Clinger Farms, Doug Hansen, Jason Duncan, Kathy Duncan, Kerry Arritt, JD Farms, Circle D. LLC, Circle D Farms, Inc., Golden Ridge Farms, Mart Produce, Tim Eames, Cari Eames, Eames Acres, Inc., Jerry Elliott, Ronda Elliott, Jerry Elliott Farms, E&H Farms, LLC, JE Farms, Craig - Evans, Shari Evans, Craig Evans Farms, Dean Evans, Conan Feld, Jodie Feld, Jason Marsch, Coma Farms, LLC, Travis Cook, Dawn Cook, Samuel K Crane, Dawn M Crane, Samuel Crame Farm, Shari L Crane, Ronald Crane Farms, Dalley, Inc., Richard B Dalley, Shauna H Dalley, Tim Darrington, Jana Darrington, James E Duffin, Duffin Homestead Farms, Raymond K Duffin, Christine Duffin, Ray Duffin Farms, Paul H Duncan, Jack F Duncan, John - Hansen, Richard Hansen, Gary Hansen, Sam Fife, Randy Fife, Jenny Fife, Jean Fife, Fife Dairy, LLC, Fife Farms, Inc., Max Fife, Ruth Fife, Don Cameron, Brad Fife, Charles William Funk, Alaina Funk, Bill Funk Farms, Monty Funk, Diane Funk, Carolene Funk, Funk Farms, County Line Farms, Ron Funk, Rita Funk, Ron Funk Farms, George Jr. LLC, Alan Rast, Brian Rast, Maria Rast, Dean Gibson, Jeff Gibson, Circle G. AG LLC, L R Gillette, Cindy Gillette, Windy Acres Inc., Randy Gillette, Randy Gillette Farms, Inc., Rocky Ridge Farms, Duane R Grant, Douglas E Grant, Grant 4-D Farms, Brent D Griffin, Connie Griffin, Brad - Hall, Andrea Hall, West Desert Farms, Hansen Farms Joint Venture, Ridge Ranch Inc., Hunsaker/Cook, B&B Farming, Jentzsch-Kearl Farms, Rodney Jentzsch, Shirley Jentzsch, Darrell James Baker, Claralynne Baker, Warren P Crane, Sara Crane, Joseph Kearl, Melynda Kearl, Ernest S Jones, Betty Jean Jones, Roger L Jones, RJT Farming, Inc., Triple R Ranch, Clyde J Kendall, Verna C Kendall, Rodney N Kendall, Julie L Kendall, Triple K Farms, Kelly Lee, Debra Klempel, Kent L Klosterman, Jody Hansen, Annette Hansen, L Patricia Hansen, Jack Harman, Bob Harman, Kent Harman, Harman Land Ranch, Doug Hartley, Renea Hartley, Doug Hartley Farms, Inc., Charles R Hisaw, Dwight Horsch, Kathleen Horsch, Dwight Horsch Farms, Kenneth Horsch, Marilyn Horsch, Kenneth Horsch Farms, Bruce Hunsaker, Mainline Ranches, Rebecca Hunsaker, Blaine Cook, Dean Cook, Owyhee Ranches, Inc., Brent Kobayashi, Mary Kobayashi, Kohntopp Farms, Doug Kohntopp, Jackie Kohntopp, Lance Funk, Lance Funk Farms, Spencer Maughan, Michelle Maughan, Spencer Maughan Farms, David - May, Debi May, May Farms, Doug McClellan, Carol McClellan, Steve McClellan, Bonnie McClellan, Constance Meade, Epsilon, Inc., Jerry Meireis, Claudia Meireis, Kalvin Miller, Pamella Miller, Alan Mohlman, Harold Mohlman, Betty Mohlman, Mohlman Brothers, Inc., Tom Murphy, Julie Murphy, Zelda A Murphy, Maurice C & Zelda A Murphy Trust, Darwin Neibaur Farms Partnership, Steve Neibaur, Burke Neibaur, Ken Patterson, Rustic AG, Inc., Vernon Callan Phillips, Marilyn Phillips, Carl Phillips, Nola Phillips, Jackman Guy Poulson, Lisa Dawn Poulson, Jack Poulson Farms, Kip P Poulson, Carla K Poulson, Kip Poulson Farms, Scott E Poulson, Dianne Poulson, Scott E. Poulson Farms, Steve Neibauer Farms, Inc., Mark L Neilson, L Renae Neilson, Dennis Newton, Randy Newton, Newton Brothers, Darren Onishi, Virginia Onishi, Darren Onishi Farms, Pahl Farms, James Pahl, Frieda Pahl, Greg Pahl, Julie Pahl, Jeff Pahl, Tana Pahl, Terrell Palmer, Russell Palmer Farms, Raymond G Parks, Paula Parks, Alan Parks, Nicole Parks, Parks Farms, Wade Povey, Susan Povey, Wade Povey Farms, Andy Povey, Aaron Povey, P Diamond Ranches, William Pat Rowe, Max S Robbins, Debra M Robbins, Paul - Robertson, Becky Robertson, P&B Robertson Farms Inc., Ryan Robertson, Mindy Robertson, R.M. Robertson Farms, Inc., Bradley Rogers, Deborah Rogers, John D Rogers, Waunita J Rogers, Sydney Lyon Roth, Ellen Faye Roth, Sid Roth Farms, Miles Rowe, Miles Rowe Farms, Robert "Scott&quo Sanders, John A. Sanders, Trustee, The, Amee June Sanders, Dan Schaeffer, Jim Schaeffer, Dianne Schaeffer, Roger Schaeffer, Schaeffer Farms, Inc., Steve Schow, Diane Schow, Michael Schritter, Lenard A Schritter, Lenard R Schritter, Schritter Farms Partnership, Donna Suchan, Donald Suchan, David Suchan, Kathe Suchan, Suchan Family Farm Limited Partnership, Frank J Suchan, Helen Suchan, Don Taylor, Allison Taylor, Terry Taylor, Jody Furniss, Lost River Farming, LLC, D&J Farms, LLC, Jerry Tominaga, Sandra Tominaga, Jay R Thacker, Valerie - Thacker, Greg Thain, Dianne Thain, Ernie Tuckness, Ten T Farms, Inc., Jimmie D Tuckness, Lavone Tuckness, Daryl J Serr, Ilene M Serr, Max Serr, Karen Serr, Ryan Serr, Lisa Serr, Dennis E Smith, Leah Rae Smith, Dennis E Smith Farms, Larry D Smith, Kent P Stallings, Tonya B Stallings, Sherril L Stallings, Shirley Stallings, Stallings Farms Inc., Dean F Stevenson, Scott A Stevenson, John A Stevenson, Stevenson & Sons LLC, Reid Stewart, Heidi Stewart, Don Suhr, Max Suhr, Colleen Suhr, US-2 Farms, Perry Van Tassell, Afton Van Tassell, Hidden Valley Dairy Farms, Hidden Valley Farms, J Ruben Vasquez, Dulfia Vasquez, Kim Wahlen, Connie Wahlen, Eric Wahlen, Kim Wahlen Farms, Val Wahlen, Lori Wahlen, Val Wahlen Farms, Dennis Walker, Rubylee Walker, David F Wedel, Lois W Wedel, Wedel Farms, Alan Woodland, Debra Woodland, Michael D Woodland, Patricia Woodland, Chris Wride, Barton Wride, Write Farms Inc., Richard C Young, Jolynn L Young, Richlynn, Inc. R.J. LLC, Steven D Young, Roy M Young, Clint R Young, Heather Lynn Young, Justin Young, Ryan Sandberg, Young & Young of Idaho, Storm Circle LLC, Natures Best Produce Inc., S&R Investments, Desert View Farms Inc., Northstar Farms, Chermar, Desert View LLC, Keco LLC Mainline LLC, Wada Farms, Inc., Cedar Farms, Inc., Wada Farms Potatoes, Inc., Bannock Creek, LLC, Wesley Leisy, Albert T Wada, Christine Wada, LCSC Enterprises, David Bethke, Clarence Tilley, Wada Family, LLC, James Tiede, Terrell Yancey, Sherry Yancey, Anna Ruth J Christensen, Ted B Bingham, Kindra Bingham, Matt Mickelsen and Ramie Mickelsen |
USA |
E.I. Du Pont de Nemours and Company, Inc |
4:2003cv00049 |
March 23, 2010 |
US District Court for the District of Idaho |
Pocatello - Eastern Office |
B. Lynn Winmill |
Personal Property: Other |
28 U.S.C. ยง 2674 Federal Tort Claims Act |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 2151 MEMORANDUM DECISION AND ORDER RE BLM MOTION FOR COSTS denying 2147 Motion for Costs. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) |
Filing 2125 MEMORANDUM DECISION AND ORDER - Denied in part and reserved in part 1990 Fifth MOTION for Summary Judgment Re Plaintiffs' Fraud, Assumed Duty & Other Claims filed by E.I. Du Pont de Nemours and Company, Inc.; It is denied to the extent it seeks to dismiss claims for lost asset value. It is reserved in all other respects for all issues not resolved by prior decisions.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 2118 MEMORANDUM DECISION AND ORDER denying 1990 Motion for Summary Judgment of all other claims asserted by Fife Dairy, LLC, Randy Fife, Jean Fife, Sam Fife and Jenny Fife. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 2105 MEMORANDUM DECISION AND ORDER RE PLAINTIFFS' MOTION TO COMPEL DEFENDANTS' PRODUCTION OF DOCUMENTS granting in part and denying in part 1854 Motion to Compel. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 2075 MEMORANDUM DECISION AND ORDER RE MOTION TO RECONSIDER DECISION ON TRIAL FORMAT denying 1885 Motion for Reconsideration. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 2072 ORDER RE BLM'S MOTION TO STAY denying 1916 Motion to Stay. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 2059 MEMORANDUM DECISION AND ORDER RE MOTION FOR SUMMARY JUDGMENT ON FRAUD CLAIMS granting in part and denying in part 1797 Motion for Summary Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 2027 MEMORANDUM DECISION AND ORDER RE DR. DUFT & CORNELIUS HOFMAN. It is hereby ordered that DuPont produce to plaintiffs the 20 or so sub-files of documents created by Dr Duft that he used to "code" or link his opinions in his Rule 26 Report to the Bibliography attached to that report. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 2019 ORDER Modifying Certain Deadlines in Case Management Order 1808 approving 2009 Stipulation filed by E.I. Du Pont de Nemours and Company, Inc. The date for filing Rebuttal Reports of Plaintiffs' experts will be extended to 8/29/2011 for all experts except Cornelius Hofman and Barry Goodwin, and any Daubert motions relating to the experts who file Rebuttal Reports will be extended to 9/12/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1974 MEMORANDUM DECISION AND ORDER granting in part and denying in part and reserved in part 1947 Motion for Extension of Time to File Response re 1931 First MOTION for Summary Judgment re: Plaintiffs' Fraud, Assumed Duty and Other Claims Responses due by 7/22/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 1969 MEMORANDUM DECISION AND ORDER granting 1962 Motion to Compel. The BLM shall disclose (1) how Barry and Ranallo divided their work, and (2) how each relied on the other in arrivein at his opinions due by 6/13/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1944 MEMORANDUM DECISION AND ORDER granting in part and denying in part 1937 Motion for Extension of Time to File; granting in part and denying in part 1938 Sealed Motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1940 ORDER for Voluntary Dismissal of Claims of Certain Plaintiffs approving 1934 Stipulation of Dismissal filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1930 MEMORANDUM DECISION AND ORDER denying 1742 Motion for Summary Judgment; granting 1754 Motion for Summary Judgment; granting 1760 Motion for Summary Judgment; finding as moot 1800 Motion to Strike. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1919 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1917 ORDER Re Privileged Letter. Counsel for Du Pont are ordered to return the letter dated 6/6/2001, and attachments, to plaintiffs and make no use of the letter. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1908 MEMORANDUM DECISION AND ORDER granting in part and denying in part 1798 Motion to Compel. It is granted to the extent it seeks to compel production of the tapes listed in Exhibit N to the Affidavit of Sinclair (docket no. 1798- 3) but is denied to the extent it seeks fees and costs.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 1884 MEMORANDUM DECISION AND ORDER denying 1842 Motion Re Discovery Issues. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1878 ORDER COMPELLING MCNABB GRAIN TO COMPLY WITH SUBPOENA granting 1805 Motion to Compel; granting 1838 Motion For Entry of An Order to Compel Re Subpoena to McNabb Grain. McNabb Grain shall comply immediately with the Subpoena dated 3/20/2010, and provide the documents requested therein to DuPont. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1871 MEMORANDUM DECISION AND ORDER denying 1741 Motion to Compel. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1859 ORDER COMPELLING PLAINTIFFS, C/O WESTERN AGCREDIT TO COMPLY WITH SUBPOENA re 1835 Motion for Entry of Order Pursuant to 12 C.F.R. 618.8330(b). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1858 MEMORANDUM DECISION AND ORDER Denying 1765 MOTION to Compel Plaintiffs to Produce Improperly Withheld Documents filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1846 MEMORANDUM DECISION AND ORDER ON DISCOVERY OF LOSS AND NON-LOSS CROPS AND FIELDS denying 1748 Motion to Compel. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1837 MEMORANDUM DECISION AND ORDER granting in part and denying in part 1763 Motion to Compel. It is further ordered that for any tax returns that are discoverable under this decision and that plaintiffs do not have in their possession, that plaintiffs shall provide a release to allow the BLM to obtain these tax returns directly from the IRS. The cost of doing so shall be done by the defendants. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1807 MEMORANDUM DECISION AND ORDER denying 1705 Motion for Attorney Fees and Costs; granting in part and denying in part 1706 Motion to Establish Preclusive effect of the Bellwether Trial. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 1744 MEMORANDUM DECISION AND ORDER granting 1709 Motion to Approve Supersedeas Bond. Any execution on the judgment is STAYED pursuant to Federal Rule of Civil Procedure 62(d). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1697 AMENDED MEMORANDUM DECISION re: 1696 Memorandum Decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1696 MEMORANDUM DECISION. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1680 MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 1644 MOTION for Judgment as a Matter of Law or For A New Trial filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1679 MEMORANDUM DECISION AND ORDER granting 1200 Motion to Strike ; denying 1286 Motion to Strike and exclude testimony regarding stewardship offers ; finding as moot 1375 Motion in Limine to exclude NEPA testimony of Celestine Duncan; finding as mo ot 1400 Motion for Discovery; granting in part and denying in part 1408 Motion in Limine; granting in part and denying in part 1439 Motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 1667 MEMORANDUM DECISION & ORDER Regarding Final Collateral Source Figures. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1664 MEMORANDUM DECISION AND ORDER The motion to reconsider NEPA as evidence of the standard of care 1222 is DENIED. The motion for judgment as a matter of law oncausation 1246 is DENIED. The motion to reconsider allowing the recall of JackCain 1374 is DENIED. The motion to admit party admissions 1428 is DENIED. The motion for judgment on FIFRA misbranding 1474 is DENIED. The motion to exclude applicators from consideration of comparative fault 1476 is DENIED. The motion for extension of time to respond 1520 is GRANTED IN PART AND DENIED IN PART. It is granted to the extent it seeks to authorize plaintiffs to file a response brief on or before January 18, 2010, and DuPont to file a reply brief on or before January 29, 2010. It is d enied in all other respects. The motion to seal confidential trial exhibits 1534 is GRANTED IN PART AND DENIED IN PART. It is granted to the extent it seeks to have sealed the following trial exhibits: 246; 20221; 42809; 42810; 42817; 42819; 42823; 42826; and 42994. It is denied in all other respects. The motion to amend scheduling order 1539 is DENIED. The motion to quash 1630 ) is GRANTED.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1650 MEMORANDUM DECISION AND ORDER Defendant United States is entitled to the offsets as set forth in the two tables within this order; Plaintiffs shall provide computations for the debt-based costs to fill in the slots in the tables above that contain the words To be computed. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1622 MEMORANDUM DECISION AND ORDER Regarding Discovery Deadlines and Trial Date. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1536 MEMORANDUM DECISION AND ORDER Regarding Schedule for Post-Trial Issues. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1507 MEMORANDUM DECISION AND ORDER Re: Notice of Exhibits the United States Intends to Offer Into Evidence at the Close of its Case. re: 1432 filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1500 MEMORANDUM DECISION AND ORDER Re: Defendant United States of America's Objection to the Admission of Trial Exhibit 306 1455 . The Government's Objection to the Admission of Trial Exhibit 306 is OVERRULED. Trial Exhibit 306 is hereby admitted. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1485 MEMORANDUM DECISION AND ORDER Regarding DuPont's Motion to Clarify Bull Pen Order. DuPonts Motion for Clarification 1237 is GRANTED; paragraphs 150 - 151 of Plaintiffs' Third Amended Complaint set forth a claim of aiding and abetting that is in the bull pen and not a part of the bellwether plaintiffs' trial. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1482 MEMORANDUM DECISION AND ORDER Regarding United States' MIL Re: NEPA's Cumulative Impacts Provision. United States Motion in Limine 1457 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1466 MEMORANDUM DECISION AND ORDER Regarding DuPont's Rule 50(A) Motion on Plaintiffs' Debt Based Costs. DuPonts Rule 50(a) motion for judgment on debt based costs 1239 is Denied. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1448 MEMORANDUM DECISION AND ORDER on DuPont's Motion to Exclude Testimony of Franc and Kleinkopf. DuPont's Motion to Exclude or Limit Testimony From Plaintiffs' Crop Experts 783 is DENIED as to Drs. Franc and Kleinkopf.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1438 MEMORANDUM DECISION AND ORDER Regarding BLM's Motion Under Rule 52(c) Regarding Liability. Denying 1257 MOTION for Judgment as a Matter of Law On Partial Findings Pursuant to Rule 52(c) as to Liability filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1424 MEMORANDUM DECISION AND ORDER Re: Dupont's Motion to Bar Dr. Weber and Plaintiffs' Motion in Limine Re: Dr. Weber. Granting 1416 MOTION in Limine DuPont's Motion to Bar Defendant United States From Introducing Deposition of DuPont Expert Dr. Jerome Weber filed by E.I. Du Pont de Nemours and Company, Inc, Granting 1418 MOTION in Limine to Exclude Video Deposition Testimony of Dr. Jerome Weber filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1409 MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. Carol Mallory-Smith. Granting in part, Denying in part, and Reserving in part 771 MOTION to Exclude the Testimony of Certain Experts. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1411 MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 1379 MOTION to Admit Montana State University Analytical Laboratory Records Under Fed. R. Evid. 803(6) filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1393 MEMORANDUM DECISION AND ORDER Regarding (1) Motion to Enter Judgment Re Assumed Duty Claim and (2) Proposed Jury Instruction on Fraud. Denying in part 1248 MOTION for Judgment as a Matter of Law Under Rule 50(A) for Post-Application-Based Causes of Action filed by E.I. Du Pont de Nemours and Company, Inc; Denying 1344 Proposed Jury Instructions filed by E.I. Du Pont de Nemours and Company, Inc, which the Court will construe as a motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1378 MEMORANDUM DECISION AND ORDER Re: Dupont's Motion for Admission of Certain Documents Provided to ISDA and Plaintiffs' Experts Granting 1319 MOTION in Limine for Admission of Certain Documents Provided to ISDA and Plaintiffs' Experts filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1369 MEMORANDUM DECISION AND ORDER Re: Dupont's Second Motion to Compel Plaintiffs to Produce Documents Relating to Plaintiffs' Settlement Agreements with the Applicators. Denying 1314 Second MOTION to Compel Plaintiffs to Produce Documents Relating to Plaintiffs' Settlement Agreements with the Applicators filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1368 MEMORANDUM DECISION AND ORDER Re: Dupont's Motion for Leave to Recall Jack Cain for Testimony and Admission of New EPA-Approved Oust Label. Granting 1335 MOTION in Limine for Leave to Recall Jack Cain for Testimony and Admission of New EPA-Approved Oust Label filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1353 MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. Robert K. Thornton re: 771 Plaintiffs' Consolidated Motion to Exclude the Testimony of Certain Experts Under Daubert and Rule 702 filed by Jentzsch-Kearl Farms, Gary Hansen, Clingers, Inc., Lance Funk, Jerome Clinger. The motion to exclude the testimony of certain experts 771 is Denied in part and Reserved in part. As to Dr. Robert K. Thornton, the motion is denied. As to other experts challenged in the motion that have not yet been resolved, the motion is reserved. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1348 MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. R. Thomas Schotzko. Granting in part, Reserving in part and Denying in part, the 771 MOTION to Exclude. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1345 MEMORANDUM DECISION AND ORDER Granting 1315 MOTION in Limine to Exclude Testimony of Ed Bryce and Related Exhibits filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1336 MEMORANDUM DECISION AND ORDER Regarding Rule 50(a) as to Fraud- Granting in part and Reserving in part 1248 MOTION for Judgment as a Matter of Law Under Rule 50(A) for Post-Application-Based Causes of Action filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1293 MEMORANDUM DECISION AND ORDER Overruling in Part and Sustaining in Part 1249 Objection. It is sustained to the extent it seeks to exclude the use of the video deposition of Donald Stubbs to present his direct testimony to the jury. It is overruled in all other respects. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 1290 MEMORANDUM DECISION AND ORDER conditionally granting 917 Motion in Limine Giving Notice of Intent to Request Judicial Notice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 1271 MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Kim Johnson. Granting 1260 MOTION to Exclude Johnson. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1270 MEMORANDUM DECISION AND ORDER Reserving Ruling on Defendants' Rule 50/52 Motions. The Court's ruling on Docket Nos. 1239 , 1246 , 1248 , 1251 , 1255 and 1257 is Reserved, except for the motions relating to the Plaintiff's fraud claims, which will be heard on the following schedule: Plaintiff's will file their response brief on 7/6/09 at 5:00 pm, no reply brief will be permitted and the Court will set aside 30 minutes for oral argument on 7/7/09 at 2:30 pm. The balanc e of the Defendants' Rule 50/52 motions will be resolved without further oral argument at the conclusion of the trial.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1238 MEMORANDUM DECISION AND ORDER Regarding 13 Documents Offered by Plaintiffs into Evidence without a Sponsoring Witness, re: 1234 . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1234 MEMORANDUM DECISION AND ORDER regarding 13 Documents Offered by Plaintiffs into Evidence without a Supporting Witness. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1230 MEMORANDUM DECISION AND ORDER regarding Dupont's Motion to Compel Plaintiff to take Position on Claim for Damages Occurring after Commencement of Action. Granting 1189 MOTION to Compel filed by E.I. Du Pont de Nemours and Company, Inc. Plainti ffs are to file with the Court within 2 days from the date of this decision a statement explaining whether plaintiffs are seeking claims for lack of cooperation and/or damages after June of 2002. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1223 MEMORANDUM DECISION AND ORDER regarding Objections to Video Deposition Excerpts of Dr. Brown re: 1215 , 1206 . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1217 MEMORANDUM DECISION AND ORDER Regarding Attorney Client Privilege. The Motion to Compel Plaintiffs to Comply with March 27, 2009 Order Regarding Waiver of Attorney-Client Privilege 894 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1213 MEMORANDUM DECISION AND ORDER Regarding Dr. Miller. Granting 1188 MOTION in Limine to Bar Dr. Terry Miller's Testimony Regarding Crops and Years Outside the Scope of His Disclosed Opinion filed by E.I. Du Pont de Nemours and Company, In c.; Granting 758 MOTION to Strike Plaintiffs' Improper "Rebuttal" Expert Reports filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1204 MEMORANDUM DECISION AND ORDER Granting 1186 MOTION in Limine to Bar Testimony from Plaintiffs' Experts Concerning Damages or Losses to Non-Bellwether Plaintiffs' Fields filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1190 MEMORANDUM DECISION AND ORDER Regarding Objections to Video Depositions of Dr. Barefoot and Mary McDonnell. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1164 MEMORANDUM DECISION AND ORDER on the United States' Motion in Limine to Exclude Interrogatory Answers & Documents. Denying 910 MOTION in Limine filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1155 MEMORANDUM DECISION AND ORDER granting in part and denying in part 1140 Motion in Limine; granting in part and denying in part 1144 Sealed Motion to bar Jentzsch testimony. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 1138 ORDER denying 750 Motion to Exclude Mr. Hofman and Dr. Goodwin; granting in part and denying in part 1124 Motion to Exclude evidence of prejudgment interest. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1126 MEMORANDUM DECISION AND ORDER Denying without prejudice 1028 MOTION for Sanctions. Denying in part and Granting in part 910 MOTION in Limine to Exclude Certain Documents. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1121 MEMORANDUM DECISION AND ORDER Denying DuPont's Consolidated 783 MOTION to Exclude Plaintiffs' Crop Experts filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1116 MEMORANDUM DECISION AND ORDER Regarding Motion in Limine to Exclude Evidence of Settlement with Applicators During Testimony of Gardisser. Granting 1112 MOTION in Limine to Exclude Evidence of Plaintiffs' Settlement with the Applicators During the Testimony of Dr. Dennis Gardisser filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1098 MEMORANDUM DECISION AND ORDER 941 The motion to exclude (dkt 941- part 15) is Reserved. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1080 AMENDED MEMORANDUM DECISION AND ORDER regarding BLM's Motion in Limine re 1054 . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm). |
Filing 1069 MEMORANDUM DECISION AND ORDER regarding Motion to Strike Testimony of Kurt Harman- Denying 1063 MOTION to Strike Testimony from Kurt Harman filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1064 MEMORANDUM DECISION AND ORDER Denying ( 941 ,part 17) Motion to Exclude Dr. Zanetti, Granting 926 MOTION to exclude potential alternative causes filed by Timm Adams, Barbara Adams, Granting 911 MOTION to exclude testimony regarding 54 BLM application sites filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1057 MEMORANDUM DECISION AND ORDER re Dupont Motion to Exclude Economic and Financial Testimony from Non-Bellwether Plaintiffs. The motion to exclude(docket no. 941, part 26) is GRANTED to the extent it seeks to exclude alltestimony of non-bellwethers relating in any way to their economic or financiallosses or hardships. re 941 . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1054 MEMORANDUM DECISION AND ORDER re BLM's Motion in Limine- Granting 909 MOTION in Limine to Exclude filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1050 MEMORANDUM DECISION and Issue re Plaintiffs' Motions in Limine- Granting 922 MOTION in Limine regarding Counsel's June 2002 Correspondence About Soil Samples filed by Timm Adams, Barbara Adams, Denying 924 MOTION in Limine to Limit the Scope of Insurance Claims Evidence filed by Timm Adams, Barbara Adams, Denying 923 MOTION in Limine to Exclude Plaintiffs' Unverified Questionnaire Responses filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1046 MEMORANDUM DECISION AND ORDER re Dupont's Omnibus Motion in Limine (Motions 1 through 10). The Omnibus Motion in Limine 941 is GRANTED IN PART, DENIED IN PART, AND RESERVED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 1004 MEMORANDUM DECISION AND ORDER Granting in part, Denying in part and Reserved in Part 747 MOTION to Exclude Shane Needham filed by USA.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 998 MEMORANDUM DECISION AND ORDER granting in part and denying in part 642 Motion for Reconsideration re 360 Memorandum Decision and Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 996 MEMORANDUM DECISION AND ORDER denying 763 Motion to Exclude Portions of the Testimony of Celestine Duncan; granting in part and reserving in part 771 Motion to Exclude. It is granted to the extent it seeks to exclude the testimony of Duncan that (1) the 24(c) application process followed the requirements of the EPA and the ISDA, and (2) the ISDA was justified in approving the 24(c) label. It is reserved in all other respects. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 983 MEMORANDUM DECISION AND ORDER granting in part and denying in part 751 Motion to Exclude. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 955 MEMORANDUM DECISION AND ORDER granting in part and denying in part 746 Motion to Exclude Evidence Reciting or Relying on the Opinions of Drs. Hutchinson and Morishita. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 953 MEMORANDUM DECISION AND ORDER granting 793 Motion to Exclude Testimony of Richard P. Keigwin Jr.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 908 MEMORANDUM DECISION AND ORDER Regarding Motion to Strike Rebuttal Reports of Dr. Walter J. Shields- Denying 761 MOTION to Strike Rebuttal Reports of Dr. Walter J. Shields filed by USA. Signed by Judge B. Lynn Winmill. (jm) |
Filing 895 MEMORANDUM DECISION AND ORDER Denying 737 MOTION to Exclude Plaintiffs' Experts Huffaker and Agri-Analytics, Inc. filed by E.I. Du Pont de Nemours and Company, Inc., Denying 748 MOTION to Exclude Testimony of Dr. Walter Shields filed by E.I. Du Pont de Nemours and Company, Inc,. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 893 MEMORANDUM DECISION AND ORDER DuPont's motion for summary judgment on preemption and government action 740 is DENIED. DuPont's omnibus motion for summary judgment on tort claims 743 is DENIED. BLM's motion to dismiss certain loss f ields and Funk claims 745 is GRANTED IN PART AND DENIEDIN PART. DuPont's motion for summary judgment on misrepresentation 754 is DENIED. BLM's motion for exclusion of certain damage claims under Rule 37(c) is GRANTED IN PART AND DENIED PART. BLM's motion to dismiss for lack ofsubject matter jurisdiction 760 is DENIED. Plaintiffs' motion to amend to addpunitive damages 772 is DENIED. BLM's motion to dismiss prejudgmentinterest claims 777 is DENIED. DuPont's motion in limine to excludeevidence relating to prejudgment interest 794 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) (Modified on 5/26/2009 to indicate that the motion dkt 777 is granted as per the order dkt #1129) (jm). |
Filing 889 MEMORANDUM DECISION AND ORDER Denying 401 Joint SEALED MOTION filed by USA;Granting 478 MOTION to Dismiss Claims of Certain Plaintiffs Pursuant to Docket No. 475 filed by Jentzsch-Kearl Farms, Gary Hansen, Clingers, Inc., Lance Funk, Jerom e Clinger; The motion to compel production ofdocuments pursuant to Rule 37(b)(2) is GRANTED, as the DuPont material soughtby plaintiffs is not protected by the attorney client privilege; Granting 632 MOTION to Compel the Deposition of Bellwether Plaintiff Richard Hansen filed by USA,. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 825 MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 534 MOTION to Dismiss Motion for Partial Dismissal of Plaintiffs' Third Amended Complaint and Integrated Brief in Support filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 727 MEMORANDUM DECISION AND ORDER conditionally granting 708 Motion for Protective Order; denying 712 MOTION to Strike. Expert Henry Jacoby and James Aidala are authorized to serve in this case as an expert witness for DuPont, and testify under oath in that capacity. Counsel for DuPont must notify counsel for the United States and for the Plaintiff by 5:00 p.m. on 1/2/2009 as to its election among the options set forth in this decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 710 MEMORANDUM DECISION AND ORDER The Government shall file an additional response, on or before 12/15/08, summarizing the basis for their concerns about Henry Jacoby under § 270(1). Plaintiffs shall file any response brief on or before 12/15/08. Du Pont shall file any final reply brief on or before 12/17/08. The Court will determine if oral argument is necessary. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 697 MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 660 DuPont's Omnibus Motion in Limine to Exclude Non-Bellwether Plantiffs' Proffered Testimony for the Bellwether Trial filed by E.I. Du Pont de Nemours and Company , Inc, Granting in part and Denying in part 658 MOTION in Limine re: Non-Bellwether Plaintiff Testimony filed by USA. ( Dispositive Motions deadline 2/9/2009., Hearing on dispositive motions, Daubert Challenges, and punitive damage issues se t for 3/17/2009 09:00 AM in Boise, ID before Judge B. Lynn Winmill, Jury Trial reset for 5/4/2009 01:30 PM in Boise, ID before Judge B. Lynn Winmill, Pretrial Hearing set for 4/13/2009 09:00 AM in Boise, ID before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 678 MEMORANDUM DECISION AND ORDER Denying 569 SEALED MOTION filed by E.I. Du Pont de Nemours and Company, Inc.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 643 MEMORANDUM DECISION AND ORDER denying 633 Motion to exclude, granting in part and denying in part 621 Motion to limit use. Plaintiffs shall provide the proffers to defendants immediately. The deadline for defendants to file motions in limine concerning the proffers is moved to 9/19/08.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm). |
Filing 387 MEMORANDUM DECISION AND ORDER Denying 364 MOTION in Limine to Limit Plaintiffs' Evidence of Damages to Those Claims Over Which the Court Has Subject Matter Jurisdiction filed by USA. Plaintiff's request to add the Funk 2000 potato crop losses to the Bellwether Trial is denied, Plaintiff's request to expedite DuPont's document production is denied. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm, ) |
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