Hananburgh v. Metro-North Commuter Railroad
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|Date Filed||#||Document Text|
|March 18, 2015
OPINION AND ORDER re: 31 MOTION for Summary Judgment and to preclude Raymond A. Duffany filed by Metro-North Commuter Railroad, 27 MOTION to Preclude Defendants Alleged Expert and Fact Witnesses filed by Robert Ha nanburgh: For the foregoing reasons, Defendant's motions to preclude Plaintiff's expert witness and for summary judgment are DENIED, and Plaintiff's motion to preclude Defendant's expert witnesses is GRANTED. Within thirt y days of this Opinion and Order, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). The parties shall also fol low Paragraph 5 of the Court's Individual Rules and Practices, which identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine. By the same date, each party shall submit pre trial memoranda, not to exceed fifteen pages, addressing the questions raised above, namely (1) whether and to what extent Metro-North's adherence (or lack thereof) to its own internal rules and policies is relevant and admissible; and (2) whether and to what extent the adequacy of Metro-North's post-accident investigation into Plaintiff's fall and its surrounding circumstances is relevant and admissible. If this action is to be tried before a jury, joint requests to ch arge, joint proposed verdict forms, and joint proposed voir dire questions shall be filed on or before the Joint Pretrial Order due date in accordance with the Court's Individual Rules and Practices. Jury instructions may not be submitted a fter the Joint Pretrial Order due date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A). If this action is to be tried to the Court, proposed findings of fact and conclusions of law shall be filed on or before the Joint Pretrial Order due date in accordance with the Court's Individual Rules and Practices. Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed. Finally, if the parties are interested in another settlement conference before Magistrate Judge Peck, they shall so advise the Court by joint letter as soon as possible. The Clerk of Court is directed to terminate Docket Nos. 27 and 31. (Signed by Judge Jesse M. Furman on 3/18/2015) (tn)
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