January 24, 2018 |
Filing
249
OPINION AND ORDER: The Court FINDS, ORDERS, ADJUDGES and DECREES: A courts rulings in limine are preliminary in nature and subject to change. In this Order the Court is not making final determination on the admissibility of evidence. The Court reser ves the right to change these rulings during the trial should the Court find that the evidence or arguments at trial justify such change. Accordingly, the Court hereby GRANTS the Motions at DE 177 , 188 , 198 , 204 , and 205 and the Court DENIES the Motions at DE 179 , 180 , 181 , 185 , 187 , 189 , 190 , 191 , 192 , 193 , 194 , 195 , 196 , 197 , 199 , 200 , 201 , 202 , 203 , 206 , 207 , and 208 . Signed by Magistrate Judge Paul R Cherry on 1/24/2018. (jss)
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January 23, 2018 |
Filing
247
OPINION AND ORDER: The Court hereby GRANTS in part and DENIES in part Amex Nooter LLC's 175 Motion for Sanctions Based on ArcelorMittal's Intentional Spoliation of Evidence, imposing sanctions of an adverse inference and corresponding jury instructions set forth in this Opinion and Order and declining to impose the sanction of dismissal or the combination of all sixteen lesser sanctions proposed by Amex Nooter. Signed by Magistrate Judge Paul R Cherry on 1/23/2018. (jss)
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January 3, 2018 |
Filing
174
OPINION AND ORDER: The Court hereby DENIES Plaintiff's 142 Motion for Summary Judgment. The Court REAFFIRMS the 1/5/2018 final pretrial conference, and the 2/5/2018 jury trial setting. Signed by Magistrate Judge Paul R Cherry on 1/3/2018. (jss)
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December 29, 2017 |
Filing
172
OPINION AND ORDER: DENIES 152 RULE 56 MOTION to Strike 143 Brief in Support, Dft's Motion to Strike Hearsay Statements by Dft; GRANTS in part and DENIES in part 145 MOTION to Exclude Opinion Testimony of Richard Parry by Pltfs; DENIES [14 6] MOTION to Exclude Opinion Testimony of Ronald Pape by Pltfs; GRANTS in part and DENIES in part 147 MOTION to Exclude Opinion Testimony of Clifford Bigelow by Pltfs; DENIES 148 MOTION to Exclude Opinion Testimony of Ross Smith by Pltfs; and DENIES 144 MOTION to Exclude Testimony of ArcelorMittal's Designated Testifying Expert Donald J. Hoffman by Dft and 151 SUPPLEMENT to 144 filed by Dft. Signed by Magistrate Judge Paul R Cherry on 12/29/2017. (lhc)
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December 20, 2017 |
Filing
171
OPINION AND ORDER: The Court hereby DENIES Amex Nooter, LLC's Motion for Summary Judgment on its First Affirmative Defense 139 , and DENIES the Petition for Oral Argument 141 . Signed by Magistrate Judge Paul R Cherry on 12/20/2017. (jss)
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June 8, 2017 |
Filing
136
OPINION AND ORDER: The Court hereby GRANTS ArcelorMittal's 133 Motion to Strike Amex Nooter's Reply in Support of its Motion for Sanctions, or in the Alternative, Motion for Leave to File a Sur-Reply and DENIES Amex Nooter, LLC's [1 25] Motion for Sanctions. The Court ORDERS that the following deadlines are extended: the deadline for Amex Nooter's expert disclosures and reports is 7/6/2017. The deadline for supplemental expert reports is 8/3/2017. Plaintiff's expert depositions are to be completed by 8/31/2017. The deadline for dispositive motions and Daubert motions is 9/28/2017. Any request to continue these deadlines will be viewed with disfavor. Signed by Magistrate Judge Paul R Cherry on 6/8/17. (jss)
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September 19, 2016 |
Filing
115
OPINION AND ORDER: Court GRANTS IN PART AND DENIES IN PART 107 Motion to Compel Amex Nooter to Produce Responsive Documentation. Defendant Amex Nooter to provide documents responsive to Requests for Production Nos. 5, 6, 7, 15, 16, 17, and 20 by 10/3/2016. Signed by Magistrate Judge Paul R Cherry on 9/19/2016. (tc)
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September 15, 2016 |
Filing
114
OPINION AND ORDER: Court GRANTS IN PART AND DENIES IN PART 103 Motion for Leave to File a Second Amended Complaint. Plaintiff to FILE a Second Amended Complaint consistent with this Opinion and Order by 9/23/2016. Signed by Magistrate Judge Paul R Cherry on 9/15/2016. (tc)
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July 13, 2016 |
Filing
98
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART 48 Motion to Dismiss filed by Amex Nooter LLC; DENYING 68 Motion to Supplement the Record; Joinder of Parties due by 8/10/2016. The Court ORDERS that ArcelorMittal USA LLC JOIN this action as a party plaintiff on or before August 10, 2016. All Counts of the Amended Complaint remain pending. The Court ORDERS Defendant Amex Nooter, LLC to serve a copy of this Opinion and Order on ArcelorMittal USA LLC. Signed by Magistrate Judge Paul R Cherry on 7/13/16. (mlc)
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July 5, 2016 |
Filing
95
OPINION AND ORDER: ArcelorMittal Indiana Harbor LLC to submit, on or before 7/12/2016, a second supplemental jurisdictional statement and supporting brief in accordance with the attached Order. Signed by Magistrate Judge Paul R Cherry on 7/5/2016. (smb)
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May 27, 2016 |
Filing
85
OPINION AND ORDER denying 70 Motion to Compel Production of Korrie Griffith's Drug Testing Records but ORDERS Amex Nooter to respond to Indiana Harbor's Request No. 2. Signed by Magistrate Judge Paul R Cherry on 5/27/16. (ksp)
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May 24, 2016 |
Filing
84
OPINION AND ORDER: The Court hereby DENIES without prejudice the Motion of Amex Nooter, LLC to Compel ArcelorMittal Indiana Harbor LLCs Answer to Discovery 71 . Signed by Magistrate Judge Paul R Cherry on 5/24/2016. (rmn)
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March 24, 2016 |
Filing
67
OPINION AND ORDER granting 59 MOTION to Compel the Depositions of ArcelorMittal Indiana Harbor LLC's Employees Sam Bird and Steve Thompson and ORDERS that ArcelorMittal produce Sam Bird and Steve Thompson for deposition. Signed by Magistrate Judge Paul R Cherry on 3/24/2016. (rmn)
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February 16, 2016 |
Filing
53
OPINION AND ORDER: The Court hereby GRANTS ArcelorMittals Motion to Compel Amex Nooters Document Production of All Communications Between Amex Nooter and IOSHA 31 , DENIES the Motion to Strike ArcelorMittals Reply in Support of its Motion to Compe l 44 , and DENIES the Petition for Oral Argument of Amex Nooter, LLC 50 . The Court ORDERS Amex Nooter to serve the two documents on ArcelorMittal in a supplemental response to Request for Production No. 25 on or before February 23, 2016. Amex Nooter may designate those documents as confidential and protected pursuant to the January 11, 2016 Stipulated Protective Order entered in this case. Signed by Magistrate Judge Paul R Cherry on 2/16/2016.(rmn)
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October 28, 2015 |
Filing
29
OPINION AND ORDER GRANTING in part and DENYING in part Arcelormittals Motion to Quash Amex Nooters Third-Party Subpoenas [DE 24], denying the motion as to the requests in Paragraphs 1 and 3 of the subpoenas and granting in part and denying in part t he motion as to the request in Paragraph 2 of the subpoenas. As set forth more specifically in this Opinion, Paragraph 2 of the subpoenas is limited to Blast Furnace No. 3 and Blast Furnace No. 4. The parties are granted leave to file a Joint Motion for Stipulated Protective Order. Signed by Magistrate Judge Paul R Cherry on 10/28/2015. (kds)
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