Whalen v. CSX Transportation, Inc.
| Daniel Whalen |
| CSX Transportation, Inc. |
| 1:2013cv03784 |
| June 4, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Putnam |
| Lorna G. Schofield |
| Federal Employer's Liability |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
325
OPINION AND ORDER re: 303 JOINT MOTION for Summary Judgment by Third-Party Defendants Haworth, Inc., and Office Environments Service Inc.. filed by Office Environments Service, Inc.. For the foregoing reasons, Haworth and OESs motion for summary judgment is GRANTED as to the negligence and strict liability claims to the extent they are based on a manufacturing flaw or breach of express warranty, but DENIED as to the negligence and strict liability claims to the extent they are based on a failure to warn or design defect and as to the breach of implied warranty claim. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 303. (Signed by Judge Lorna G. Schofield on 9/13/2017) (kgo)
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Filing
295
OPINION AND ORDER re: 270 LETTER MOTION for Discovery /Outstanding Discovery Motion Deposition of Plaintiff's Expert, Dr. Houten addressed to Magistrate Judge Henry B. Pitman from Lawrence R. Bailey, Jr., Esq. dated October 4, 201 6. filed by CSX Transportation, Inc. One discovery item that remains to be completed is defendant CSX Transportation, Inc.'s ("CSX's") deposition of plaintiff's sole expert, Dr. John K. Houten, a neurosurgeon. (As further set forth in this Order.) For the foregoing reasons, CSX's application to fix Dr. Houten's fee and to set the terms on which Dr. Houten is to be paid is granted to the extent that Dr. Houten's hourly rate for deposition and deposition preparation time is set at $500 per hour and CSX is directed to pay Dr. Houten's invoice within ten business days of receiving it. Without expressing any opinion as to the admissibility of such a recording and without prejudice to any arg uments defendants may raise concerning admissibility, plaintiff's cross-motion to video-record Dr. Houten's deposition is granted. The Clerk of the Court is directed to mark Docket Items 156 and 270 closed. (Signed by Magistrate Judge Henry B. Pitman on 1/26/2017) Copies Sent By Chambers. (cf)
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Filing
268
OPINION AND ORDER re: 211 MOTION to Preclude Daubert - Biomechanical. filed by Daniel Whalen, 196 MOTION to Preclude /Exclude Expert Testimony of Teresa Bellingar. filed by CSX Transportation, Inc., 199 MOTION to Preclude CSX Expert Ketchman. filed by Haworth Inc. For the foregoing reasons, Haworth's motion to preclude Dr. Ketchman is granted in part and denied in part, CSX's motion to preclude Dr. Bellingar is granted in part and de nied in part and plaintiff's motion to preclude Dr. Williams is granted. Plaintiff's application for fees and costs is denied. The Clerk of the Court is respectfully requested to close Docket Items 196, 199 and 211. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 9/29/2016) Copies Sent By Chambers. (lmb)
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Filing
266
OPINION AND ORDER re: 209 MOTION to Sever Third Party Actions. filed by Daniel Whalen. Accordingly, for all the foregoing reasons, plaintiff's motion to sever the third-party claims is denied in all respects. The Clerk of the Court is respectfully requested to mark Docket Item 209 closed. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 9/14/2016) Copies Sent By Chambers. (lmb)
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Filing
265
OPINION AND ORDER re: 205 MOTION for Sanctions Re: Spoliation. filed by Daniel Whalen. Accordingly, for all the foregoing reasons, plaintiff's motion for sanctions based on CSX's alterations to the Carman's Office is denied in all respects. The Clerk of the Court is directed to mark Docket Item 205 closed. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 9/7/2016) Copies Sent By Chambers. (lmb)
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| Plaintiff: Daniel Whalen | |
| Represented By: | Philip J. Dinhofer |
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| Defendant: CSX Transportation, Inc. | |
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