Diallo v. Ruan Transport Corporation et al
| Ousmane H. Diallo |
| Ruan Transport Corporation and John Doe |
| 1:2018cv01834 |
| February 28, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J. Sullivan |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
99
ORDER OF DISMISSAL: It having been reported to this Court, on the 18th day of October 2021, that the above-captioned action was settled, IT IS HEREBY ORDERED that the above-captioned action be, and the same hereby is, dismissed. However, within th irty (30) days of this Order, any party may apply to the Court by letter for restoration of the action to the calendar of the undersigned, if the terms and conditions under which the parties have agreed to settle their dispute have not been fulfilled. In that event, the action will be restored. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/19/2021) (mml)
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Filing
98
MEMORANDUM AND ORDER: The Court reviewed the defendants' submissions mindful of the "liberal standard of admissibility for expert opinions" embodied in Fed. R. Evid. 702 and the command of Fed. R. Evid. 403 that evidence be e xcluded from a proceeding if its probative value is substantially outweighed by the danger(s) of unfair prejudice, confusion of issues or misleading the jurors. Nimely v. City of New York, 414 F.3d 381, 395-97 (2d Cir. 2005). The Court also co nsidered whether the proposed opinion evidence will assist the jurors in performing their fact-finding task. Based on the Court's analysis of the defendants' submissions, the Court finds that: i) the methodologies the physicians empl oyed, which include reviewing medical records and diagnostic images, performing physical examinations where warranted, and drawing upon professional training and experience, are reliable; ii) the physicians' opinions will be premised on su fficient facts and data; and 3) the opinions elicited from the physician witnesses will assist the jurors in understanding relevant medical-related issues that are beyond the ken of the typical juror and that will likely constitute a signific ant portion of the evidence presented at the trial. Therefore, the defendants may elicit opinion evidence, at the trial of this action, from the three physicians identified above. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/23/2021) (va)
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Filing
96
ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on September 9, 2021, at 3:15 p.m. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. ( Telephone Conference set for 9/9/2021 at 03:15 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/1/2021) (tg)
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Filing
91
MEMORANDUM AND ORDER: granting 75 Motion in Limine. For the reasons set forth above, the defendants' motion, Docket Entry No. 75, is granted. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/29/2021) (ama)
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Filing
90
ORDER: In the parties' joint pretrial order, the defendants identify several physicians from whom, it appears, the defendants will seek, without objection, to elicit opinion evidence, as contemplated by Rules 702 and 703 of the Federal Rules of Evidence. To enable the Court to perform its gatekeeping obligation, see Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786 (1993), and determine, inter alia, whether the prospective physician witnesses should be allow ed to give opinion evidence at the trial of this action, on or before August 10, 2021, the defendants shall file evidence, via affidavit(s) or otherwise, and a memorandum of law establishing that the prospective witnesses' respective opinions should be received in evidence at the trial. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/26/2021) (ate)
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Filing
74
ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on March 9, 2021, at 12:00 p.m. All parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. ( Telephone Conference set for 3/9/2021 at 12:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/17/2021) (cf)
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Filing
55
ORDER: The time for the parties to submit their joint pretrial order to the Court is enlarged from June 30, 2020, to July 30, 2020. SO ORDERED. ( Pretrial Order due by 7/30/2020.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/12/2020) (va)
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