JAMES S. MOODY, Jr., District Judge.
THIS CAUSE comes before the Court upon the parties' Motions in Limine (Dkts. 21, 24) and Plaintiffs' Motion to Dismiss Loss of Cosortium Claim (Dkt. 42). On November 20, 2015, the Court held a hearing on these matters and heard argument from counsel. For the reasons stated on the record, the Motions in Limine are denied in part and granted in part. Moreover, Plaintiffs' Motion to Dismiss Loss of Consortium Claim is denied without prejudice. The Court discusses these rulings in more detail as follows.
As stated on the record, Defendant has withdrawn this issue.
This request is denied.
This request is denied. However, the Court will be listening closely to Dr. MacLaren's testimony; he needs to state the basis for his causation testimony—if he has no basis, his testimony will not be permitted on this issue.
This request is granted per the parties' agreement.
This request is granted per the parties' agreement.
This request is granted per the parties' agreement.
This request is denied. However, as the Court explained on the record, Bonaparte cannot testify on issues related to medical testimony or whether a particular bill is reasonable.
This request is denied. However, as the Court explained on the record, Defendant may only reference that Plaintiff had a lawyer before he saw the doctors—anything beyond this scope must be brought to the Court's attention first.
This request is granted per the parties' agreement.
This request is granted per the parties' agreement.
This request is granted to the extent that the experts in this case cannot testify on issues that are not discussed in their reports or in their discovery depositions.
This request is denied as long as Plaintiffs maintain a loss of consortium claim in this case. If Plaintiffs ultimately dismiss this claim with prejudice, the Court will grant this request and any evidence about the restraining order or affidavit will not be permitted.
This request is granted per the parties' agreement.
This request is granted. Expert reports are cumulative; however, charts or other demonstrative aids are permitted.
As the Court explained on the record, Plaintiffs may not attach conditions to the dismissal of the loss of consortium claim. This claim will either be dismissed with prejudice at Plaintiffs' request, or it will proceed to trial. As such, the motion is denied without prejudice to Plaintiffs to refile their motion prior to trial.
It is therefore ORDERED AND ADJUDGED that: