JAMES C. FOX, Senior District Judge.
This matter is before the court sua sponte. On October 30, 2013, this court issued an order [DE-127] allowing the parties' Joint Motion to Stay [DE-125] this action, because Defendant CSX Transportation, Inc., had filed a Petition for Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit, petitioning the United States Supreme court to review the judgment of the Fourth Circuit with respect to the enforceability of the liability limitation clause at issue in this case. In the order, this court specifically stated: "Once a decision on the Petition is rendered, the parties shall file a notice with the court informing it of the same." Oct. 30, 2013 Order [DE-127] at 1.
A better part of the year has passed since the issuance of that order, and neither party has filed an update with the court. The court, on its own, has learned that Supreme Court has denied CSX's petition. See CSXTransportation, Inc. v. ABE, Inc., 134 S.Ct. 1001 (U.S. Jan. 21, 2014) (No. 13-452). Accordingly, the court ORDERS that the stay in this case is lifted.
Because the issues of causation and damages remain for trial, the Clerk of Court is DIRECTED to set this matter for trial on the term of court commencing on
1. If necessary, the parties shall submit an updated pre-trial order in accordance with Local Civil Rule 16.1. In addition the requirements of Local Civil Rule 16.1, the pretrial order shall identify the witnesses to be called at trial and provide a succinct summary of their expected testimony not to exceed a few sentences. The pretrial order shall also clearly set out the factual and legal contentions of the parties. If, however, the parties intend to rely on the pretrial order [DE-112] previously entered in this case, they shall file a notice so stating.
2. Each party shall file its proposed jury instructions, any motions in limine and any Daubert motions.
3. Each party shall submit to chambers, the deposition transcript, reports and curriculum vitae of each opinion
4. The parties shall jointly submit to chambers the depositions of any witness whose testimony at trial will be presented via deposition, with the objections of ABB underlined in red, and the objections of CSX highlighted in yellow.
SO ORDERED.