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04-1407 - SOHNGEN, et al v. HOME DEPOT USA, INC, et al


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04-1407 - SOHNGEN, et al v. HOME DEPOT USA, INC, et al
October 11, 2006
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ORDER that should the parties wish to consent before this Magistrate Judge, they shall file the consent form with the Clerk of Court no later than 10/31/2006. IT IS FURTHER ORDERED that if any party DOES NOT wish to consent, the parties shall file a joint stipulation requesting the case be returned to the District Judge no later than 10/31/2006. Signed by Judge Lisa Pupo Lenihan on 10/11/2006. (jmb) Modified on 10/12/2006 to add additional docket text (ksa).
October 19, 2007
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REPORT AND RECOMMENDATION that the 64 Motion to Amend/Correct Scheduling Order/Motion for Leave to Amend Complaint be denied. Objections to R&R due by 11/5/2007. Signed by Judge Lisa Pupo Lenihan on 10/19/2007. (jmb) Modified on 10/22/2007 to correct typos (ksa).
January 18, 2008
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ORDER re 85 Appeal of Magistrate Judge Decision to District Court, filed by DIANE SOHNGEN, WILLIAM G. SOHNGEN, re 84 REPORT AND RECOMMENDATION re 27 Amended Complaint filed by DIANE SOHNGEN, WILLIAM G. The order referred to (Doc. No. 84) is AFFIRMED and the instant case is referred back to the magistrate judge for further proceedings. Signed by Judge Joy Flowers Conti on 1/17/08. (smc ) Modified on 1/22/2008 to correct typo (ksa).
February 4, 2008
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Memorandum ORDER On Plaintiffs' Motions in Limine 72 granting in part and denying in part as follows: Plaintiffs' Motion in Limine to Exclude Evidence relating to the Negligent Conduct of William Sohngen, and Michael Durish is DENIED. Plaintiffs' Motion in Limine to Exclude Evidence that Plaintiff-Husband Misused the Ladder is DENIED. Plaintiffs' Motion in Limine to Exclude Evidence relating to the Plaintiff-Husband's alleged Assumption of the Risk is DENIED. Plaintiffs' Motion in Limine to Exclude Evidence Relating to Open and Obvious is GRANTED. Plaintiffs' Motion in Limine to Exclude Evidence Relating to Plaintiff's Training and Profession is DENIED. Plaintiffs' Motion in Limine to Exclude Evidence Regarding the alleged Absence of Prior Accidents involving Defendants' Product to Prove Product was not Defective is DENIED. Plaintiffs' Motion in Limine to Exclude Evidence that the Defendants' Duty to Warn Plaintiffs was Reduced because the Ladder was Used is GRANTED. Plaintiffs' Motion in Limine to Exclude Evidence that the Defendants Complied with Industry Standards is GRANTED as it pertains to their strict liability claim, and DENIED as it pertains to their negligence claim. Plaintiffs' Motion in Limine to Exclude Evidence Regarding the Absence of Product Recall is GRANTED. Plaintiffs' Motion in Limine to Exclude Evidence Relating to the Due Care Exercised by the Defendants is GRANTED as it relates to their strict liability claim. Plaintiffs' Motion in Limine to Exclude Evidence Relating to Purposeful Removal of or Spoilation of the Pads is GRANTED. Plaintiffs' Motion in Limine to Exclude Evidence Relating to Insurance or Litigation Crisis or Television Advertising is GRANTED. Plaintiffs' Motion in Limine to Exclude Evidence of Defense Expert Michael Van Bree's Opinion Regarding Typical Angle at Which an Extension Ladder is Erected is GRANTED. Plaintiffs' Motion in Limine to Exclude Evidence of Defense Expert Michael Van Bree's Opinion that the Ladder could not have been Resting Any Higher on the Side of the House or on the Aluminum Siding than where the Visible Scrape Marks Began is DENIED. Signed by Judge Lisa Pupo Lenihan on 02/04/08. (vad)
February 4, 2008
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Memorandum ORDER on Defendants' Motions in Limine 70 granting in part and denying in part as follows: Defendants' Motion in Limine to Exclude Evidence on Plaintiffs' Failure to Warn Claim is DENIED. Defendants' Motion in Limine to Exclude Evidence of Plaintiffs' Consumer Product Safety Commission Statistic Exhibit is GRANTED. Defendants' Motion in Limine to Exclude Evidence of Claimed Foreseeable Misuse of the Extension Ladder is GRANTED. Defendants' Motion in Limine to Exclude Evidence of Amounts Charged for Medical Treatment is GRANTED. Signed by Judge Lisa Pupo Lenihan on 02/04/08. (vad)