ENTRY AND ORDER TERMINATING MOTIONS IN LIMINE (DOCS. 76, 78, 79) RE: EXPERT WITNESSES, PREJUDICIAL TESTIMONY AND DAMAGES REPORT; GRANTING MOTION IN LIMINE (DOC. 77) RE: WERNER CO.'S BANKRUPTCY; AND SETTING BRIEFING SCHEDULE ON MOTION IN LIMINE (DOC. 83) RE: LAY OPINION TESTIMONY

THOMAS M. ROSE, District Judge.

This case is before the Court on five Motions in Limine (Docs. 76-79, 83) filed by Defendant Lowe's Home Centers, LLC ("Lowe's") in anticipation of trial. On August 24, 2017, the Court held the Final Pretrial Conference, during which the parties addressed four of the five pending Motions in Limine (Docs. 76-79). The parties agreed to further discuss the Motions in Limine after the Final Pretrial Conference to determine if any of them could be resolved by agreement.

On September 5, 2017, Lowe's filed a fifth Motion in Limine (Doc. 83) and notified the Court that the parties had entered into a Stipulation resolving its Motion in Limine to Preclude Testimony of Plaintiffs' Medical Expert Witnesses (Doc. 76). The Court ACCEPTS the parties' Stipulation, attached hereto as an exhibit. The parties shall comply with the Stipulation's terms, absent leave of Court. The Court therefore TERMINATES the Motion in Limine (Doc. 76) as moot.

On September 6, 2017, Lowe's notified the Court that the parties resolved three additional Motions in Limine. Specifically, the parties agreed that the Motion in Limine (Doc. 77) to Preclude Testimony of the Pecuniary Condition of the Defendant should be granted. The Court therefore GRANTS the Motion in Limine (Doc. 77) and PROHIBITS Plaintiffs from eliciting or mentioning any information regarding former co-Defendant Werner Co.'s prior bankruptcy at trial. Lowe's also agreed to withdraw its Motions in Limine (Docs. 78-79) regarding prejudicial testimony and Plaintiffs' damages report. The Court therefore TERMINATES those Motions in Limine (Docs. 78-79) per the parties' agreement.

Plaintiffs have not responded to the most recent Motion in Limine (Doc. 83), by which Lowe's seeks to prohibit Plaintiffs from offering lay opinion testimony as to medical causation, diagnosis, prognosis or permanency. Plaintiffs are ORDERED to respond to that Motion in Limine (Doc. 83) by September 11, 2017. Lowe's may file a reply in support of the Motion in Limine by September 13, 2017. If the Court deems oral argument necessary, it will hear the matter before the commencement of trial on September 18, 2017. In light of the above rulings, the Court will not proceed with the hearing that was tentatively scheduled for September 11, 2017.

DONE and ORDERED.

STIPULATION MOTION IN LIMINE REGARDING TREATING PHYSISCIANS

Now come the parties, by and through counsel, and hereby stipulate and agree to the following with regard to Defendant's Motion in Limine for Plaintiffs' Treating Physicians (Doc #76).

The parties agree that Defendant's Motion shall be granted and Plaintiff's treating physician shall not be permitted to serve as expert witnesses in this case. The medical providers of Plaintiff namely: Keith Boor, M.D., Leo Boggs, M.D., and Richard C. Stuntz, M.D., are identified as "fact witnesses" and did not provide the requisite disclosures pursuant to Fed.R. 26(a)(2)(B) or (C). Accordingly, the testimony of Plaintiff's treating physicians shall be limited to the treatment they provided to Plaintiff Dave Parillo.

These witnesses are not expert witnesses and shall not offer any testimony, opinions or conclusions related to diagnosis, prognosis, causation and/or permanency of any injuries alleged by Dave Parillo. These fact witnesses shall not offer opinions and/or conclusions as to the reasonableness, necessity and relatedness of medical procedure or technique regarding the Plaintiff's alleged injuries.

In addition, these fact witnesses shall not offer any testimony or opinion related to a diagnosis, opinion or conclusion made by another physician regardless of whether said opinion or conclusion appears in the medical records. Lastly, these witnesses shall not offer any testimony or opinions to a reasonable degree of medical certainty.