ABB, INC. v. CSX TRANSPORTATION, INC., 5:08-CV-25-F. (2012)
Court: District Court, E.D. North Carolina
Number: infdco20120406b56
Visitors: 5
Filed: Apr. 05, 2012
Latest Update: Apr. 05, 2012
Summary: ORDER JAMES C. FOX, Senior District Judge. The court again has reviewed CSXT's Motion for Summary Judgment [DE-48-1] on the issues that remain following entry of this court's order of March 22, 2012 [DE-105] allowing CSXT's motion for summary judgment on its affirmative defense of limitation of liability [DE-48-2]. In that resolution of the remaining issues will require evaluation of witness credibility and fact-finding upon assessment of conflicting "expert" (or "opinion") witness testimony
Summary: ORDER JAMES C. FOX, Senior District Judge. The court again has reviewed CSXT's Motion for Summary Judgment [DE-48-1] on the issues that remain following entry of this court's order of March 22, 2012 [DE-105] allowing CSXT's motion for summary judgment on its affirmative defense of limitation of liability [DE-48-2]. In that resolution of the remaining issues will require evaluation of witness credibility and fact-finding upon assessment of conflicting "expert" (or "opinion") witness testimony c..
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ORDER
JAMES C. FOX, Senior District Judge.
The court again has reviewed CSXT's Motion for Summary Judgment [DE-48-1] on the issues that remain following entry of this court's order of March 22, 2012 [DE-105] allowing CSXT's motion for summary judgment on its affirmative defense of limitation of liability [DE-48-2]. In that resolution of the remaining issues will require evaluation of witness credibility and fact-finding upon assessment of conflicting "expert" (or "opinion") witness testimony concerning mechanical, scientific and technical evidence, the court concludes that genuine issues of material fact abound necessitating a trial. CSXT's Motion for Summary Judgment [DE-48-1] as to ABB's Carmack claim is DENIED.
A trial date during this court's May 14, 2012, term of court1 has been announced. The Clerk of Court is DIRECTED to re-schedule the parties' Pretrial Conference with Magistrate Judge David W. Daniel, at his direction in light of that trial date.
SO ORDERED.
FootNotes
1. The last scheduled trial date, June 6, 2011, was abandoned after the parties requested a court-hosted settlement conference, which concluded unsuccessfully on June 7, 2011. See Minute Entry [DE-103]. At that point, the matter was re-submitted to the undersigned on the cross-motions for summary judgment.
Source: Leagle
