Cummins v. Bic USA, Inc et al
| David R Cummins |
| Bic USA, Inc, Wal-Mart Stores, Inc. and McDonald's Corporation |
| 1:2008cv00019 |
| February 7, 2008 |
| US District Court for the Western District of Kentucky |
| Bowling Green Office |
| Green |
| E. Robert Goebel |
| Joseph H. McKinley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
180
Jury Instructions. (CDF)
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Filing
155
MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr. on 12/19/2011 re 143 Defendants' Supplemental Motion for Summary Judgment. For the reasons set forth, IT IS HEREBY ORDERED that the supplemental motion for summary judgment 143 is GRANTED IN PART and DENIED IN PART. cc: Counsel (CDF)
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Filing
145
MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 8/25/2011 re 101 Motion to Exclude and Motion for Hearing. IT IS HEREBY ORDERED that Defendants' motion to exclude the testimony of Plaintiff's economic experts and to conduct a hearing on the motion 101 is DENIED. cc: Counsel (CDF)
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Filing
142
MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 7/1/2011 granting in part and denying in part 99 Motion to exclude or limit the testimony of Defendants' expert witnesses. It is GRANTED as to the testimony of Deppa and Marchic a stating that 16 C.F.R. 1210.3(b)(4) applies only to children under the age of five and it is DENIED as to their testimony stating that the CPSC has not taken any investigatory or corrective action against BIC. It is further GRANTED as to Wood' ;s opinions related to parental supervision. It is DENIED as to Metzler's and Wood's testimony concerning their interpretation of "easily removable" under 16 C.F.R. 1210.3(b)(4). It is further ordered that the motion by Defendants to exclude Plaintiff's expert Crystal Zemenski 102 is DENIED. cc: Counsel (CDF)
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Filing
141
MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 4/12/2011 re 83 Motion for Summary Judgment, 104 Motion to Exclude. For the reasons set forth, IT IS HEREBY ORDERED that the motion for summary judgment 83 by Defendant BIC USA, Inc. and Defendant BIC Consumer Products Manufacturing Company, Inc. is DENIED. Defendants' motion to exclude the testimony of Plaintiff's liability expert witnesses 104 , Tarald O. Kvalseth, Mark B. Hood, and Kent B. Godsted, is also DENIED. cc: Counsel (CDF)
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Filing
53
ORDER re: 40 signed by Magistrate Judge E. Robert Goebel on 8/10/2009. Plaintiff's Motion to Quash Subpoena is GRANTED with respect to deposing Mr. Eastham about his telephone conversation with Ms. Polley. Plaintiff's Motion for Entry o f Protective Order is DENIED as moot with respect to deposing Mr. Eastham about his telephone conversation with Ms. Polley. The remainder of Plaintiff's Motion to Quash Subpoena and for Entry of Protective Order is STAYED pending further development of the record. cc: Counsel, Case Manager and Secretary to USMJ Goebel (LMW)
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Filing
41
MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 5/20/2009. For the foregoing reasons, Defendant's 25 Motion for Summary Judgment is DENIED. Defendant's 39 Motion for oral argument is DENIED as moot. cc: Counsel (CDF)
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