LAYMON, et al v. BOMBARDIER TRANSPORT, et al

Justia Dockets & Filings Third Circuit Pennsylvania Western District LAYMON, et al v. BOMBARDIER TRANSPORT, et al

LAYMON, et al v. BOMBARDIER TRANSPORT, et al

Case Number:	2:2005cv00169
Filed:	February 14, 2005
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
Presiding Judge:	Nora Barry Fischer
Nature of Suit:	Other Statutory Actions
Cause of Action:	31 U.S.C. § 3729 False Claims Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 11, 2009	Filing 100 MEMORANDUM OPINION and ORDER: For the reasons more fully outlined in said Opinion and Order, Defendant's Motion in Limine to Exclude Evidence of Damages to the MBE/DBE Programs of the Federal Government (Docket No. 73 ) is GRANTED, in part, and DENIED, in part. It is granted to the extent that Donald Deemer shall not testify in the form of opinion testimony or otherwise as to his assessment of damages to the federal government's DBE program. It is denied to the extent that Defendant s eeks to completely exclude the testimony of Donald Deemer, Steven Proctor, Christopher Gan, and Susan Presley. These witnesses may testify as to the scope of BART's DBE program, its general compliance requirements, the goals and effectiveness of the program, its relation to the federal DBE program as well as the amounts paid by BART to Defendant; Plaintiff's Motion to Exclude Evidence of Civil Penalties or Treble Damages (Docket No. 77 ) is GRANTED; and Plaintiff's Motion in Limine to Exclude Evidence of DBE Goals (Docket No. 81 ) is DENIED. Signed by Judge Nora Barry Fischer on 8/11/09. (ccb)
March 23, 2009	Filing 55 MEMORANDUM OPINION indicating that, for the reasons more fully stated in said Opinion, Bombardier's Motion for Summary Judgment 45 is denied as there are genuine issues of material fact as to whether Bombardier made false reports concerning th eir DBE utilization goals to BART with the requisite scienter and as to whether those reports materially influenced BART's decision to pay Bombardier for its work on the rail car motors involved. An appropriate order follows. Signed by Judge Nora Barry Fischer on 3/23/09. (jg) Modified on 3/24/2009. (jsp)

Date Filed

Document Text

August 11, 2009

Filing 100 MEMORANDUM OPINION and ORDER: For the reasons more fully outlined in said Opinion and Order, Defendant's Motion in Limine to Exclude Evidence of Damages to the MBE/DBE Programs of the Federal Government (Docket No. 73 ) is GRANTED, in part, and DENIED, in part. It is granted to the extent that Donald Deemer shall not testify in the form of opinion testimony or otherwise as to his assessment of damages to the federal government's DBE program. It is denied to the extent that Defendant s eeks to completely exclude the testimony of Donald Deemer, Steven Proctor, Christopher Gan, and Susan Presley. These witnesses may testify as to the scope of BART's DBE program, its general compliance requirements, the goals and effectiveness of the program, its relation to the federal DBE program as well as the amounts paid by BART to Defendant; Plaintiff's Motion to Exclude Evidence of Civil Penalties or Treble Damages (Docket No. 77 ) is GRANTED; and Plaintiff's Motion in Limine to Exclude Evidence of DBE Goals (Docket No. 81 ) is DENIED. Signed by Judge Nora Barry Fischer on 8/11/09. (ccb)

March 23, 2009

Filing 55 MEMORANDUM OPINION indicating that, for the reasons more fully stated in said Opinion, Bombardier's Motion for Summary Judgment 45 is denied as there are genuine issues of material fact as to whether Bombardier made false reports concerning th eir DBE utilization goals to BART with the requisite scienter and as to whether those reports materially influenced BART's decision to pay Bombardier for its work on the rail car motors involved. An appropriate order follows. Signed by Judge Nora Barry Fischer on 3/23/09. (jg) Modified on 3/24/2009. (jsp)

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