June 9, 2011 |
Filing
3935
OPINION & ORDER (RE Hebert, 5:07-CV-320): It is ORDERED that: (1) The Rapoport Law Offices are to be reimbursed for payments in the amount of $56,150.73. (2) The Rapoport Law Offices are entitled to payment for attorney fees in the amount of � 36;715,000.00, (3) Motley Rice LLC and its local counsel, Wilson, Polites & McQueen, are entitled to payment for attorney fees in the amount of $245,500.00. (4) The Duhon Firm is entitled to payment for attorney fees in the amount of $56,24 5.00. (5) If no objection to this Order is filed within 10 days, the Court will issue a separate order directing the Clerk to issue checks to distribute the funds deposited in the Court Registry Investment System. Signed by Judge Karl S. Forester on June 9, 2011. (AWD) cc: COR,F
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March 31, 2011 |
Filing
3870
OPINION AND ORDER (RE Hebert, 5:07-CV-320) re 3866 MOTION to Establish a Briefing Schedule: (1) On or before April 15, 2011, Duhon and Motley shall provide any authority to support their claim that they are entitled to challenge Rapoport's fee s and expenses; (2) On or before April 15, 2011, Duhon shall provide any evidence that it was discharged without cause; and (3) On or before April 25, 2011, Rapoport may file a response to either of the foregoing briefs. (4) Following resolution of these issues, the Court will establish a briefing schedule. Signed by Judge Karl S. Forester on March 31, 2011. cc: COR (AWD)
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March 14, 2011 |
Filing
3856
OPINION AND ORDER (RE Hebert, 5:07-CV-320-KSF): The 3852 Motion to file a Statement of Services Provided Under Seal is GRANTED TO THE EXTENT that the Statement may be filed in the record under seal, but Carl Duhon and the Duhon Law Firm shall serve a copy of the Statement, without any redactions, to all counsel for Plaintiffs so they may provide the Court any comments or objections thereto. Signed by Judge Karl S. Forester on March 14, 2011. (AWD) cc: COR
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February 2, 2011 |
Filing
3840
OPINION AND ORDER: Comair's 3827 MOTION for reconsideration of the Court's 6/6/2008 and 5/28/2009 orders re punitve damages is GRANTED; Comair entitled to partial summary judgment in its favor. A separate final jgm incl amt of compensatory damages will be entered after consultation with counsel. Signed by Judge Karl S. Forester on 2/2/2011.(STB)cc: COR
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July 12, 2010 |
Filing
3812
OPINION AND ORDER (RE Hebert, 5:07-CV-320): (A) Plaintiff's 3760 Motion for a simultaneous trial of punitive damages claims against Comair and liability claims against the US is DENIED. (B) Plaintiff's 3768 Motion in limine concerning C omair's claims of causal fault by others is GRANTED with respect to conduct by Jeppesen-Sanderson, Inc., and DENIED with respect to the Airport and the US. (C) Plaintiff's 3798 Motion to issue requests for admission concerning the extent of the US's liability is DENIED. (D) Plaintiff's 3801 Motion to bar Comair from admitting liability at the punitive damages trial is GRANTED to the extent that the Court will advise the jury of the determination of liability and causation. Signed by Judge Karl S. Forester on July 12, 2010. (AWD) cc: COR
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April 2, 2010 |
Filing
3750
OPINION & ORDER (RE Hebert, 5:07-CV-320): Comair's 3718 partial motion for a new trial or remittitur is DENIED. Signed by Judge Karl S. Forester on April 2, 2010. (AWD) cc: COR
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February 1, 2010 |
Filing
3731
OPINION & ORDER (RE Hebert, 5:07-CV-320): Comair's 3704 MOTION for Leave to Interview Jurors is DENIED. Signed by Judge Karl S. Forester on February 1, 2010. (AWD) cc: COR
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December 17, 2009 |
Filing
3706
OPINION & ORDER (RE Hebert, 5:07-CV-320): Plaintiff's 3477 Motion for Partial Summary Judgment against Comair on the issues of negligence and causation is GRANTED. Signed by Judge Karl S. Forester on December 17, 2009. (AWD) cc: COR
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November 19, 2009 |
Filing
3676
OPINION & ORDER (RE Hebert, 5:07-CV-320): IT IS ORDERED that Plaintiffs' 3611 MOTION to Vacate 3585 Opinion and Order and 3627 MOTION in Limine to allow Dr. Ochberg to testify to those matters described in his Affidavit with the exception of Paragraph 43 are DENIED. Signed by Judge Karl S. Forester on November 19, 2009. (AWD) cc: COR
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November 4, 2009 |
Filing
3659
OPINION AND ORDER (RE Hebert, 5:07-CV-320): (1) Comair's 3625 MOTION to rule regarding privilege of testimony by Huval and Duhon is GRANTED TO THE EXTENT that Comair may take the trial testimony of Huval and Duhon on the limited issue of state ments made to them in 2006 regarding Plaintiff's marital status and may provide the same to the Court, under seal, for in camera review to determine the applicability of any attorney-client privilege and the potential admissibility of the evidence. (2) The Court will permit simultaneous briefs, not to exceed ten pages, to be filed no more than 5 days after the filing of any sealed testimony. (3) The testimony shall be subject to the Protective Order Regarding Confidential Information, pending further orders of the Court. Signed by Judge Karl S. Forester on November 4, 2009. (AWD) cc: COR
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July 2, 2009 |
Filing
3598
OPINION AND ORDER (RE Hebert, 07-cv-320): (A) Plaintiffs' motion to exclude references or argument that future economic losses are "speculation" or "pure speculation" is DENIED (DE 3481 paragraph 6). (B) Plaintiffs' mo tion to exclude Dr. James Raddins' testimony that Woodward's autopsy was somehow incomplete is DENIED (DE 3481 paragraph 9). (C) Plaintiffs' motion to exclude opinion testimony by the State ME and pathologists in the areas of acciden t reconstruction, injury causation analysis or biomechanics is DENIED (DE 3481 paragraph 11). (D) Plaintiffs' motion to exclude an admission by Comair that it is not contesting liability for compensatory damages is DENIED (DE 3481 paragraph 15). (E) Plaintiffs' motion to exclude reference to Jamie Hebert as Bryan Woodward's common law wife is GRANTED (DE 3481 paragraph 16). Signed by Judge Karl S. Forester on July 2, 2009. (AWD) cc: COR
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June 30, 2009 |
Filing
3596
OPINION & ORDER (RE Hebert, 07-cv-320): This matter is before the Court on Comair's 3474 Motion In Limine Adopting Prior Motions In Limine And Seeking Ruling On Motions In Limine Previously Passed Or Denied As Moot. (A) Comair's 2632 Mo tion to exclude evidence and argument regarding "Pilot Pushing" is DENIED. (B) Comair's 2674 Motion to exclude four Aviation Safety Action Program reports is DENIED. (C) Comair's 2551 Motion to exclude the expert testimony of Dr. Maxine Harris and Dr. David Lewis Feinberg is DENIED. (D) Comair's 2675 Motion to exclude evidence of comments posted on internet chat rooms, weblogs or the ALPA web-board regarding the crash of Flight 5191 is GRANTED WITHOUT PREJUDICE to Plaintiffs to cure hearsay and relevancy issues and offer portions of this evidence at trial. (E) Comair's 2670 Motion to exclude evidence regarding the runway awareness advisory system and use of GPS in Comair aircraft is GRANTED. Signed by Judge Karl S. Forester on June 30, 2009. (AWD) cc: COR
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June 25, 2009 |
Filing
3590
MEMORANDUM OPINION & ORDER (RE: Demrow, 06-cv-371): 1) Pla's 225 Motion is DENIED; 2) Pla Jonathan Lee Riches is FURTHER ENJOINED from submitting for filing any document(s), pleading(s), or letter(s) to the USDC, the Clerk or any Judge or Mag istrate Judge in any case to which Jonathan Lee Riches is not a named party, UNLESS he submits together w/ the document, pleading or letter, all of the following, a) a copy of this Opinion and Order, b) a Motion for the Court's Permission to fil e, c) a statement of the reasons that the Court's permission should be granted to him; 3) Clerk is DIRECTED that should Riches present a complaint, other pleading, letter or other document that does not comply then the Clerk shall return the tendered documents to Riches; 4) Clerk shall file the original of this Order in 5:06-cv-371-KSF and a copy in 5:06-cv-316. Signed by Judge Karl S. Forester on 6/25/2009.(SCD)cc: COR
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June 23, 2009 |
Filing
3585
OPINION AND ORDER: A. Comair's 3472 Motion to exclude testimony by Dr. Frank Ochberg re personal damages suffered by Jamie Hebert is GRANTED; B. Comair's 3472 Motion to exclude testimony by Dr. Joy Osofsky re personal damages suffered by Lauren Hebert or Mattie Kay Hebert is DENIED; and Comair's 3472 Motion for Hearing is DENIED. Signed by Judge Karl S. Forester on 6/23/2009. (STB)cc: COR
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June 19, 2009 |
Filing
3577
OPINION AND ORDER: Comair's 3471 Motion in Limine to exclude testimony of Dr. Richard A. Levy is DENIED. Signed by Judge Karl S. Forester on 6/19/2009. (STB)cc: COR
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June 16, 2009 |
Filing
3575
OPINION AND ORDER (RE Hebert, 07-cv-320) A. Comair's 3486 Motion to Seal Document is DENIED; B. Comair's 3527 Motion to amend 1/22/07 Protective Order is DENIED; and C. Court will consider a motion for protective order filed in accordance w/ this Opinion by 6/26/2009; response filed by 7/6/2009. Signed by Judge Karl S. Forester on 6/16/2009. (STB)cc: COR
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May 28, 2009 |
Filing
3550
OPINION AND ORDER (RE Hebert, 07-cv-320): Comair's 3478 Motion for Reconsideration of June 6, 2008 Opinion denying partial summary judgment on plts' claims for punitive damages is DENIED. Signed by Judge Karl S. Forester on 5/28/2009. (STB)cc: COR
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March 9, 2009 |
Filing
3447
OPINION AND ORDER: Comair's 3418 Motion to Certify prior Orders as final and appealable is DENIED. Signed by Judge Karl S. Forester on 3/9/2009. (STB)cc: COR,6CCA
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