Quiggins v. Louisville/Jefferson County Metro Government et al
| Melissa R. Quiggins |
| Louisville/Jefferson County Metro Government, Mark E. Bolton, Correctional Medical Services, Inc. and Unknown Defendants |
| 3:2010cv00516 |
| July 29, 2010 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Jefferson |
| John G. Heyburn |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
173
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 2/19/13. Motion to Continue is DENIED 157 ; Motion in Limine is SUSTAINED 154 ; Motion for Reconsideration is DENIED 159 ; Motion to Exclude Medical Literature is SUSTAINED in part and DENIED in part 161 ; Motion to Enforce Court Order is SUSTAINED 162 . cc:counsel (DAK)
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Filing
156
MEMORANDUM OPINION AND ORDER signed by Judge John G. Heyburn, II on 2/5/2013. Granting in part and denying in part 115 Motion in Limine. IT IS HEREBY ORDERED that Plaintiff's motion to limit or exclude the testimony of Dr. Flynn is DENIED. Plaintiff's motion to limit or exclude the testimony of Dr. McKinzie and Nurse Fillman is GRANTED IN PART and DENIED IN PART. Granting 122 Motion in Limine to exclude the Correctional Medical Services Release of Responsibility Form. Granti ng in part and denying in part 132 Motion in Limine. Plaintiff's motion to exclude evidence concerning other parties sued in this litigation is GRANTED. Plaintiff's motion to prevent Defendant from making emotional appeals to the jury& #039;s self-interest as taxpayers by emphasizing or suggesting that Plaintiff received healthcare at the taxpayers' expense is GRANTED. Plaintiff's motion to exclude evidence concerning Plaintiff's prior misdemeanor convictions, the circumstances surrounding the birth of Plaintiff's children, Plaintiff's prior drug use, and Plaintiff's disciplinary record from her period as an inmate at the Louisville Corrections Facility is GRANTED. Plaintiff's motion to ex clude evidence concerningPlaintiffs prior dental history is DENIED, except to the extent that the prior history divulges Plaintiff's prior illicit drug use. Granting in part and denying in part 137 Motion in Limine. Defendant's motion t o exclude evidence showing that Plaintiff was released early from the Louisville Corrections Facility is GRANTED. Defendant's motion to exclude evidence of Plaintiff's Penicillin allergy and the prescription for Penicillin provided to Plaintiff is GRANTED. Defendant's motion to exclude evidence inferring thatPlaintiff's condition at Baptist East only improved after physicians extracted her tooth is DENIED. cc: Counsel (TJD)
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Filing
152
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 1/22/2013; 131 motion for extension of time to file motion for summary judgment is DENIED. cc:counsel (TLB)
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Filing
134
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 10/11/12; Defendants motion to exclude expert testimony is DENIED; Defendants motion to exclude reference to dental abscess from the medical records is DENIED, but the Court will not allow these references to be used as medical opinions;Defendants motion in limine is SUSTAINED and the Court will exclude reference to deliberate indifference, the video of an amputation and the accreditation report; Defendants motion to exclude Dr. Barcla ys supplemental expert report is DENIED in part and Dr. Barclay may testify as to his opinion of the CT scan. He may not make reference to the opinion of Dr. Allan Farman. Defendants may retake the depositions of Dr. Barclay and may, within 30 days, submit additional expert disclosure concerning the CT scan results. The Court does not intend to allow further testimony on the subject. Defendants motion at conference to continue the trial date is SUSTAINED and the new trial date will be reiterated in a separate order. cc:counsel (DAK)
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Filing
117
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 9/17/2012; 89 Motion for Partial Summary Judgment is SUSTAINED and Plaintiffs § 1983 deliberate indifference claim is DISMISSED WITH PREJUDICE. The Court will consider other pending motions in due course. The remaining claim is set fora jury trial 10/29/2012. cc:counsel (TLB)
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