Terra Engineering & Construction Corp et al v. Camp Dresser & McKee Inc
| Terra Engineering & Construction Corp, National Fire Insurance Company of Hartford and Transportation Insurance Company |
| Camp Dresser & McKee Inc |
| Camp Dresser & McKee Inc |
| Certain Underwriters at Lloyds of London and Nickels & Bradley SC |
| 2:2003cv00582 |
| June 20, 2003 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Milwaukee |
| William E Callahan |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
159
ORDER signed by Magistrate Judge William E Callahan, Jr on 7/21/10. NOW THEREFORE IT IS HEREBY ORDERED that CDMs motion to dismiss plaintiffs breach of contract claims against CDM based on the assignment from the City of Milwaukee be and hereby is G RANTED;IT IS FURTHER ORDERED that CDMs motion to dismiss the plaintiffs negligence claims against CDM based on the assignment from the City of Milwaukee be and hereby is GRANTED IN PART to the extent such claim concerns work CDM performed on the Proj ect prior to and including March 3, 1999, and DENIED IN PART to the extent such claim concerns work CDM performed on the Project after March 3, 1999;IT IS FURTHER ORDERED that CDMs motion to dismiss the plaintiffs negligence claim against CDM to the extent that the claim relates to CDMs performance of construction phase services be and hereby is DENIED; IT IS FURTHER ORDERED that CDMs motion to exclude evidence of or recovery of any past, present or future damages of the City of Milwaukee be and hereby is GRANTED IN PART to the extent that such damages stem from CDMs work on the Project prior to and including March 3, 1999, and DENIED IN PART to the extent that such damages stem from CDMs work on the Project after March 3, 1999; IT IS FURTH ER ORDERED that CDMs motion to exclude the expert testimony and opinion evidence of plaintiffs designated expert witnesses, Kim Anderson and Robert Palermo, be and hereby is DENIED;IT IS FURTHER ORDERED that CDMs motion to dismiss CNAs direct negligence claim be and hereby is DENIED AS MOOT;IT IS FURTHER ORDERED that CNAs request to exclude expert testimony be and hereby is DENIED AS MOOT. (cc: all counsel) (cms)
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