Filed: May 31, 2018
Latest Update: May 31, 2018
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 31 st DAY OF MAY, 2018, upon consideration of the Motion for Summary Judgment and Motion in Limine of Defendant Louisville Ladder, Inc., (Docs. 17, 20), and all accompanying briefs, IT IS HEREBY ORDERED THAT: 1. Defendant's Motion in Limine to Preclude Stephen Fournier (Doc. 20) is denied without prejudice. A Daubert hearing shall be conducted on Wednesday, August 1, 2018 at 10:00 a.m. for the purpose of determining
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 31 st DAY OF MAY, 2018, upon consideration of the Motion for Summary Judgment and Motion in Limine of Defendant Louisville Ladder, Inc., (Docs. 17, 20), and all accompanying briefs, IT IS HEREBY ORDERED THAT: 1. Defendant's Motion in Limine to Preclude Stephen Fournier (Doc. 20) is denied without prejudice. A Daubert hearing shall be conducted on Wednesday, August 1, 2018 at 10:00 a.m. for the purpose of determining t..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 31st DAY OF MAY, 2018, upon consideration of the Motion for Summary Judgment and Motion in Limine of Defendant Louisville Ladder, Inc., (Docs. 17, 20), and all accompanying briefs, IT IS HEREBY ORDERED THAT:
1. Defendant's Motion in Limine to Preclude Stephen Fournier (Doc. 20) is denied without prejudice. A Daubert hearing shall be conducted on Wednesday, August 1, 2018 at 10:00 a.m. for the purpose of determining the admissibility of Stephen Fournier's opinions and testimony. Defendant may renew its Motion in Limine after the conclusion of the Daubert hearing.
2. Defendant's Motion for Summary Judgment (Doc. 17) is DENIED in part and GRANTED in part, to wit:
a. The Motion is GRANTED with respect to Plaintiffs' express warranty claim (Count III).
b. To the extent Plaintiffs' strict liability claim (Count I) and negligence claim (Count II) rely on allegations of manufacturing defect and/or defective warnings, the Motion is GRANTED as to those claims.
c. The Motion is DENIED with respect to all other claims.