CARROLL v. JOHN CRANE INC.

No. 15-cv-373-wmc.

PATRICIA CARROLL, individually and as personal representative of THE ESTATE OF RONALD KENNETH CARROLL, deceased, Plaintiff, v. JOHN CRANE INC., Defendant.

United States District Court, W.D. Wisconsin.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Personal Injury
Nature of Suit: 368 P.I. : Asbestos
Source: PACER


Attorney(s) appearing for the Case

Estate of Ronald Kenneth Carroll, Plaintiff, represented by Sam Iola , Simon Greenstone Panatier Bartlett, PC.

Estate of Ronald Kenneth Carroll, Plaintiff, represented by Steven Scott Schulte , Simon Greenstone Panatier Bartlett, PC, David Warren Henderson , Simon Greenstone Panatier Bartlett, PC & Craig Ronald Steger , Hale, Skemp, Hanson, Skemp & Sleik.

Patricia L. Carroll, Plaintiff, represented by Sam Iola , Simon Greenstone Panatier Bartlett, PC, Steven Scott Schulte , Simon Greenstone Panatier Bartlett, PC, David Warren Henderson , Simon Greenstone Panatier Bartlett, PC & Craig Ronald Steger , Hale, Skemp, Hanson, Skemp & Sleik.

John Crane, Inc., Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC & Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns.

John Crane, Inc., Cross Defendant, represented by Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns.

John Crane, Inc., Cross Claimant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC & Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns.

John Crane, Inc., Cross Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC & Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns.

John Crane, Inc., Counter Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC & Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns.

Metropolitan Life Insurance Company, Counter Defendant, represented by Smitha Chintamaneni , von Briesen & Roper.

John Crane, Inc., Cross Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.

John Crane, Inc., Counter Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.

John Crane, Inc., Cross Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.

John Crane, Inc., Counter Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.

John Crane, Inc., Cross Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.

John Crane, Inc., Counter Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.

John Crane, Inc., Cross Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.

John Crane, Inc., Cross Claimant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.

John Crane, Inc., Cross Defendant, represented by Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns, Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC, Daniel Raymond Griffin , O'Connell Tivin Miller & Burns LLC, Mark Ingram Tivin , O'Connell, Tivin, Miller & Burns & Megan Beth McCormick , O'Connell Tivin Miller & Burns LLC.


ORDER

WILLIAM M. CONLEY, District Judge.

This case is set for trial commencing on Monday, July 17, 2017, at 9:00 a.m. The court continued the final pretrial conference today, July 13, 2017, at which the parties appeared by counsel. The court made several rulings and set deadlines for additional filings during that hearing, which this order now formalizes.

ORDER

IT IS ORDERED that:

1) Plaintiffs' motion to strike the deposition designations of Robert Rygh (May 31, 2012) (dkt. #539) is DENIED IN PART AND RESERVED IN PART. Plaintiffs' objection to the designations as untimely is denied. In all other respects, the motion is reserved pending plaintiffs' filing of any further general, as well as specific, objections and any counter-designations, which is due by 12:00 p.m. on Friday, July 14. 2) Plaintiffs' sub-motion in limine No. 27 (dkt. #469) is GRANTED IN PART AND RESERVED IN PART. Plaintiffs may impeach defendant's experts with extrinsic evidence, but the court reserves as to the actual admission of this evidence if denied. For example, if defendant's experts deny that defendant funded certain research projects and papers, then the court will revisit whether evidence to this effect should be admitted during rebuttal. 3) With respect to certain reserved motions in defendant's omnibus motions in limine (dkt. #452): a. MIL No. 10: DENIED with respect to job sites where plaintiff worked and GRANTED with respect to all other job sites. b. MIL No. 11: MOOTED by defendant's withdrawal. c. MIL No. 12: GRANTED as unopposed. d. MIL No. 15: GRANTED with respect to witness testimony and evidence, but DENIED with respect to argument. 4) Defendant's motion in limine to preclude evidence of workers' compensation claims (dkt. #454) is GRANTED as unopposed. Defendant's other motions in limine concerning post-exposure evidence (dkt. ##453, 455) are RESERVED. The court will take up defendant's objections with reference to possible relevance of specific exhibits to causation tomorrow. 5) Defendant's motion in limine to preclude "unscientific catch phrases in lieu of causation proof" (dkt. #456) is GRANTED as to that specific request, but plaintiffs' expert may testify to the extent the science supports it that an asbestos fiber theoretically could cause mesothelioma, so long as the expert does not suggest, and plaintiff does not argue, that this would be sufficient to demonstrate liability. 6) During the July 14, 2017, telephonic conference, defendant should be prepared to advise the court as to whether Dr. Springs is available to testify adversely during the plaintiffs' case-in-chief, and if so, on which day. 7) By 5:00 p.m. on Friday, July 14, 2017, plaintiffs should advice the court as to whether Dan Herman is available to testify in person. 8) The court will continue the final conference by telephone at 12:30 p.m. on Friday, July 14, 2017, to address issues remaining before trial. Plaintiff is responsible for setting up the call to Chambers at 608-264-5087.

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