[ARCHIVE] 2006-08-27: Litigation Records Related to the Crash of Comair 5191

The Table below contains all litigation listed at a GPO.gov webpage concerning litigation that followed the crash of Comair Flight #5191, on August 27, 2006. Each Table item includes a link to an archived copy of the PDF ‘Opinion & Order’. Most of the decisions were made by Senior Judge Karl Forester. WIKI
It is interesting reading, and astonishing to recognize the power one person has to slowly shut down litigation and protect both agencies and corporations from reform and accountability.
Tuesday, February 20, 2007 OPINION AND ORDER, (A) Rodney & Linda Rains’ 223 MOTION to Intervene is DENIED; (B) Rodney & Linda Rains’ 304 MOTION for Hearing re 223 MOTION to Intervene is DENIED AS MOOT; (C) Judgment shall be entered contemporaneously with this Opinion & Order. Signed by Judge Karl S. Forester. (STB)cc: COR
Friday, April 13, 2007 OPINION AND ORDER (A) Motions to Remand filed by Plts Adams 77, Hebert 93, First Citizens Bank of Elizabethtown 140 & 141, Curry 168, Finley, Briscoe, Ryan, Theodore & Threet 191, Bizzack 220, Trimble 258, Thomason 262, Frederick 261, & Combs 317 are GRANTED. These actions are REMANDED to the Fayette Circuit Court; (B) Motion by Plts Demrow and Byrd 191 is PASSED; (C) Plt Washington’s 88 MOTION to Remand is DENIED AS MOOT; (D) Dft’s 361 Motion for Hearing on motions to remand is DENIED AS MOOT; (E) Plts Finley, Ryan & Threet’s 324 Motion to file first amended complaint is DENIED AS MOOT; (F) Plts Demrow & Byrd shall file memorandum by 4/27/2007 re: applicability of Warsaw Convention to motions to remand; Comair to file response by 5/11/2007; Plts may reply by 5/21/2007; (G) Plts w/ active remaining cases & Dfts shall advise whether to proceed w/ Plt’s executive committee, pretrial consolidation & changes to Second Amended Case Management Order No. 1 as result of this Opinion and Order by 4/27/2007. Signed by Judge Karl S. Forester. (STB)cc: COR, Fayette Circuit Court
Wednesday, April 18, 2007 OPINION AND ORDER (A) the Court sua sponte has determined it lacks subject matter jurisdiction and ALL CLAIMS AGAINST REMAINING (Airport) DFTS ARE DISMISSED WITHOUT PREJUDICE; (B) Airport Dfts’ 186 MOTION to Dismiss is DENIED AS MOOT; (C) Plt Comair’s 345 MOTION to Amend/Correct Complaint against Airport Dfts is DENIED; (D) THIS ACTION (Case No. 5:06-cv-346) IS DISMISSED WITHOUT PREJUDICE AND SHALL BE STRICKEN FROM THE ACTIVE DOCKET. Signed by Judge Karl S. Forester. (STB)cc: COR
Friday, May 18, 2007 OPINION AND ORDER (A) Plt McKee’s 414 MOTION to Remand and Plt Turner’s 415 MOTION to Remand are HEREBY GRANTED; (B) these actions are REMANDED to the Fayette Circuit Court for further proceedings and STRICKEN from the active docket of this Court. Signed by Judge Karl S. Forester. (STB)cc: COR, Fayette Circuit Court
Tuesday, June 26, 2007 OPINION & ORDER DENYING WITHOUT PREJUDICE Plt Byrd’s 191 Motion to Remand; pla may renew it in the event of discovery of an appropriate factual basis for same. Signed by Judge Karl S. Forester. (KJR)cc: COR Modified to identify individual plt on 7/2/2007 (Baker, Susan).
Friday, October 5, 2007 OPINION & ORDER Comair’s 544 MOTION for Leave to file Third Party Complaint re Cone v. Comair and 569 MOTION for Leave to File Third Party Complaint re Byrd v. Comair are GRANTED; Clerk ORDERED TO FILE Third Party Complaints tendered w/ motions. Signed by Judge Karl S. Forester. (STB)cc: COR
Monday, November 26, 2007 OPINION AND ORDER: (A) Comair’s 905 MOTION to Stay Ruling on Airport Dft’s Motion to Dismiss is DENIED; (B) Motions of the Airport Board and the Airport Corporation to Dismiss (738,744,750,808,823,826,829,832,835,838,841,858,885,965,969,972,975,978,981,984,987,991,994,997,1000,1023,1026,1049,1090) are GRANTED; (C) the Airport Board, Airport Corporation, Airport John Does in their official capacities, John Coon in his official capacity, Michael Gobb in his official capacity, John Slone in his official capacity and Martin Woodford in his official capacity are DISMISSED WITH PREJUDICE.. Signed by Judge Karl S. Forester on 11/26/2007.(STB)
Friday, November 30, 2007 OPINION AND ORDER: Comair’s 1044 MOTION for Leave to file Third Party Complaints is DENIED as to Trimble, 07-269; GRANTED as to Anderson, 07-270; Clerk DIRECTED to file Third Party Complaint tendered w/ motion in Anderson case. Signed by Judge Karl S. Forester on 11/30/2007.(STB)cc: COR
Thursday, December 6, 2007 OPINION AND ORDER: (1) CD-ROM of download from Comair Flight 5191 CVR provided to Magistrate Judge SHALL BE FILED UNDER SEAL; (2) Plt’s 591 MOTION to Compel Discovery of CVR recording is GRANTED; (3) Plts ORDERED to provide proposed Protective Order by 12/12/2007; (4) Objections to proposed Protective Order shall be FILED by 12/17/2007; (5) Following entry of Protective Order, copies of CD-ROM containing download from CVR shall be made available to the parties. Signed by Magistrate Judge James B Todd on 12/6/2007.(STB)cc: COR
Thursday, January 3, 2008 OPINION AND ORDER: (A) Comair’s 539 MOTION to Dismiss Plts’ claims of loss of spousal consortium is GRANTED w/ exception of claim by Plt Towles which is passed; (B) Comair’s 539 MOTION to Dismiss and Bombardier’s 736 MOTION to Dismiss Plts’ claims of loss of consortium of an adult child are GRANTED w/ exception of claim of Plt Harris which is passed; (C) Comair’s 539 MOTION to dismiss claims of an adult child for loss of consortium w/ parents is GRANTED; (D) Comair’s 539 MOTION to dismiss and Bombardier’s 736 MOTION to dismiss Plts’ claims of pre-impact terror are GRANTED w/ exception of claim of Plt Towles which is passed; (E) Comair’s 539 MOTION to dismiss Plts’ claims for hedonic and loss of enjoyment of life damages is DENIED. Signed by Judge Karl S. Forester on 1/3/2008.(STB)cc: COR
Thursday, January 17, 2008 OPINION AND ORDER: (1) Comair’s 1200 MOTION for Protective Order and MOTION to Quash Deposition is DENIED; (2) Comair shall immediately produce to Plts the docs requested in 11/21/2007 Notice of Depo & Req for Prod of Docs (1105); and (3) Comair shall promptly make corp rep available to Plts for depo in accordance w/ Plts’ Notice. Signed by Magistrate Judge James B Todd on 1/17/2008.(STB)cc: COR
Thursday, January 17, 2008 OPINION AND ORDER: Plts’ 1209 MOTION for Order re: separation of witnesses is DENIED. Signed by Magistrate Judge James B Todd on 1/17/2008.(STB)cc: COR
Friday, January 25, 2008 OPINION AND ORDER: (A) Comair’s 1166 MOTION for warning order attorney is DENIED; (B) Comair is given NOTICE that claims against Airport John Does will be dismissed w/out prejudice unless Comair SHOWS GOOD CAUSE for its failure to comply w/ FRCP 4(m) by 2/4/2008. Signed by Judge Karl S. Forester on 1/25/2008.(STB)cc: COR
Monday, February 11, 2008 OPINION AND ORDER: Comair’s 1115 MOTION to Amend/Correct 778 Third Party Complaint, 777 Third Party Complaint, is DENIED IN PART to extent it seeks to state claim against dismissed Airport Dfts, but GRANTED IN PART with respect to all other Dfts; (2) Comair shall tender Amended Third Party Complaint consistent w/ this Opinion & Order w/in 5 business days & Clerk is DIRECTED to file same in record. Signed by Judge Karl S. Forester on 2/11/2008.(STB)cc: COR
Tuesday, February 12, 2008 AMENDED OPINION AND ORDER: Comair’s 1115 MOTION to Amend/Correct 778 Third Party Complaint, 777 Third Party Complaint, is DENIED IN PART to extent it seeks to state claim against dismissed Airport Dfts, but GRANTED IN PART with respect to all other Dfts; (2) Comair shall tender Amended Third Party Complaint consistent w/ this Opinion & Order w/in 5 business days & Clerk is DIRECTED to file same in record. Signed by Judge Karl S. Forester on 2/12/2008.(STB)cc: COR
Tuesday, February 19, 2008 OPINION AND ORDER: Magistrate Judge’s Opinion and Order dated 1/17/2008 (1326) is ADOPTED and INCORPORATED by reference. Signed by Judge Karl S. Forester on 2/19/2008.(STB)cc: COR
Wednesday, March 5, 2008 OPINION AND ORDER: (A) Comair’s 539 MOTION to Dismiss damages claimed by Plts Towles, Harris & Hunt is GRANTED IN PART and DENIED IN PART; (B) Comair’s 539 MOTION to Dismiss above plts’ claims for loss of consortium & pre-impact fear is GRANTED for reasons stated in Opinion of 1/3/2008; (C) Comair’s 539 MOTION to Dismiss above plts’ claims for hedonic & loss of enjoyment of life damages is DENIED for reasons stated in Opinion of 1/3/2008; (D) Plt Hunt’s 1358 MOTION for for Application of New Mexico Wrongful Death Damages Law to Plaintiff Hunt’s Claims in this Case is DENIED. Signed by Judge Karl S. Forester on 3/5/2008.(STB)cc: COR
Monday, March 10, 2008 OPINION AND ORDER: Plt Theodore’s 1312 Motion for Reconsideration, Motion to Certify question (re 07-315) is DENIED; Comair’s 539 Motion for summary judgment on Plt Theodore’s claim of parental consortium is GRANTED. Signed by Judge Karl S. Forester on 3/10/2008. (STB)cc: COR
Friday, April 25, 2008 OPINION AND ORDER: (A) Comair’s 1325 Motion to Dismiss Plts’ punitive damage claims against Comair under the Montreal Convention is GRANTED; (B) Comair’s motion to dismiss Plts’ claims for prejudgment interest under the Montreal Convention is DENIED (re Anderson 07-270, Byrd 06-371, Cone 07-15, Trimble 07-269). Signed by Judge Karl S. Forester on 4/25/2008. (STB)cc: COR
Wednesday, May 21, 2008 OPINION AND ORDER: Comair’s 2013 Motion to Dismiss wrongful death claims asserted by Melanie Anderson, Delaney Fudge, Arvalla Groulz and Derek Rainers is GRANTED and said claims are DISMISSED. Signed by Judge Karl S. Forester on 5/21/2008.(STB)cc: COR
Friday, May 23, 2008 OPINION AND ORDER: Dft Polehinke’s 1712 Motion to Dismiss punitive damage claims re Anderson, Byrd, Cone & Trimble is GRANTED. Signed by Judge Karl S. Forester on 5/23/2008. (STB)cc: COR
Tuesday, May 27, 2008 OPINION AND ORDER: A. Comair’s 2115 Motion to Dismiss Plt Thomason’s claims for sibling consortium is DENIED AS MOOT in that he denies bringing any such claim; and B. Comair’s 2115 Motion to Dismiss claims for sibling consortium in the Anderson case is GRANTED. Signed by Judge Karl S. Forester on 5/27/2008. (STB)cc: COR
Friday, June 6, 2008 OPINION AND ORDER: A. Comair’s 2123 MOTION for Partial Summary Judgment to exclude Plts’ Punitive Damages is DENIED; B. Comair’s Mtn for Summary Judgment on Claims of Negligent Hiring, Training & Supervision is PASSED pending any Response due by 6/13/2008 & any Reply due 6/19/2008; C. Polehinke’s 2121 MOTION for Partial Summary Judgment on punitive damages is DENIED. Signed by Judge Karl S. Forester on 6/6/2008.(STB)cc: COR
Wednesday, June 11, 2008 OPINION AND ORDER: A. USA’s 2137 Motion to Dismiss for lack of jurisdiction Comair’s claims re 2-2-1 schedule are PASSED pending consideration of evidence at trial; B. USA’s 2137 Motion to Dismiss for lack of jurisdiction all remaining claims raised in the motion is GRANTED. Signed by Judge Karl S. Forester on 6/11/2008. (STB)cc: COR
Monday, June 23, 2008 OPINION AND ORDER: USA’s 2119 Motion to Dismiss Comair’s Crossclaims is DENIED. Signed by Judge Karl S. Forester on 6/23/2008. (STB)cc: COR
Wednesday, June 25, 2008 OPINION AND ORDER: USA’s 2239 Motion for Leave to file counterclaims is GRANTED; Clerk is directed to file counterclaims tendered w/ motion. Signed by Judge Karl S. Forester on 6/25/2008. (STB)cc: COR
Friday, June 27, 2008 OPINION AND ORDER: A. Jeppesen Sanderson, Inc.’s 2138, 2139 Motions for Summary Judgment are GRANTED; B. All claims against Jeppesen Sanderson, Inc. are DISMISSED WITH PREJUDICE; C. Jeppesen’s 2617 Motion to Strike report of Barnette and 2659 Motion in Limine re expert opinions asserting pilots relied on Jeppesen Chart are DENIED AS MOOT. Signed by Judge Karl S. Forester on 6/27/2008. (STB)cc: COR
Wednesday, July 2, 2008 OPINION AND ORDER: 1. Comair Dfts’ 2135 Motion for Partial Summary Judgment on certain plts’ claims for breach of warranties is GRANTED; 2. Certain plts’ claims for breach of warranties against Comair Dfts are DISMISSED. Signed by Judge Karl S. Forester on 7/2/2008. (STB)cc: COR
Wednesday, July 2, 2008 OPINION AND ORDER: A. Comair’s 2549 Motion in Limine re testimony of William Baldwin is DENIED; B. Motions of PSC and various individual Plts to exclude evidence of present value, inflation and discount rates are GRANTED; C. Any evidence of lost earnings at 8/4/08 trial shall be consistent w/ decision in Paducah Area Public Libraries v. Terry, 655 S.W.2d 19 (Ky.Ct.App. 1983). Signed by Judge Karl S. Forester on 7/2/2008. (STB)cc: COR
Tuesday, July 8, 2008 OPINION AND ORDER: Comairs Motion in Limine [DE 2678] is decided as follows:(1) Comairs motion to exclude evidence that pilots boarded wrong aircraft is DENIED; Polehinkes related motion [DE 2660] is DENIED; (2) Comairs motion to exclude evidence that Polehinke bought two beers is DENIED; Polehinkes related motion [DE 2660] is DENIED; (3) Comairs motion to exclude evidence of prior driving under influence of alcohol charges against pilots is PASSED for consideration at trial; (4) Comairs motion to exclude evidence of shooting of Polehinke is PASSED for consideration at trial; Polehinkes related motion [DE 2660] is also PASSED; (5) Comairs motion to exclude evidence of Polehinkes non-aviation employment history is PASSED pending showing of relevance in context of trial; (6) Comairs motion to exclude evidence of Polehinkes request for leave of absence is PASSED pending showing of relevance in context of trial; (7) Comairs motion to exclude evidence of Polehinkes workers compensation status is PASSED pending showing of relevance in context of trial; (8) Comairs motion to exclude photograph of Polehinke in Panama Jack hat is PASSED pending showing of relevance in context of trial; (9) Comairs motion to exclude testimony of Mitch Anderson is DENIED as to testimony regarding Polehinkes activities on August 26 and is PASSED as to his other testimony pending showing of relevance in context of trial; (10) Comairs motion to exclude evidence of liability insurance pursuant to Fed. R. Evid. 411 is GRANTED, subject to reconsideration if appropriate exception is shown at trial; (11) Comairs motion to exclude references to Comairs methodology in preparing witnesses for deposition or trial is PASSED as premature. Signed by Judge Karl S. Forester on 7/8/2008. (STB)cc: COR
Tuesday, July 8, 2008 OPINION AND ORDER: Comair’s 2683 Motion in Limine to exclude Cockpit Voice Recorder audio tape at trial is DENIED. Court will entertain at PTC suggestions of parties to prevent use of recording for purposes other than for proceeding pursuant to 49 US 1154(4)(B). Signed by Judge Karl S. Forester on 7/8/2008. (STB)cc: COR
Tuesday, July 8, 2008 OPINION AND ORDER: (1) Delta Air Lines, Inc.’s 2120 Motion for Summary Judgment on all claims asserted against it by plts is GRANTED; (2) Plts claims for negligence, vicarious liability and for breach of warranties against Dft Delta Air Lines, Inc. are DISMISSED. Signed by Judge Karl S. Forester on 7/8/2008. (STB)cc: COR
Thursday, July 17, 2008 OPINION AND ORDER: A. mtn of PSC & other plts to exclude ref of collateral source payments & benefits GRANTED; B. mtn of PSC & other plts to exclude ref to tax consequences of damages award GRANTED; C. mtn of PSC & other plts to exclude ref or argument by Comair re state of mind of pilots &/or intent to harm selves or others GRANTED; D. mtn of PSC & other plts to exclude ref to negligence/failures/omissions by airport DENIED; jury entitled to consider condition of airport, but no negligence apportioned to airport; E. mtn of PSC & other plts to prohibit Comair from making ref to plts’ future economic losses as speculative is PASSED to trial; F. mtn of PSC & other plts to exclude evidence of personal consumption GRANTED; G. mtn of PSC & other plts to exclude ref to Comair’s bankruptcy is GRANTED; Comair’s req to broaden scope of ruling to exclude ref to complete financial status GRANTED; H. mtn of PSC & other plts to prohibit testimony of Dr. Raddin that plts autopsies incomplete PASSED to be addressed by sep order; I. mtn of PSC & other plts to preclude Comair from offering testimony re need for tissue samples from victims GRANTED; J. mtn of PSC & other plts to prohibit Comair from making ref to payments of $25k & other benefits & services provided pursuant to ADFAA GRANTED; K. mtn of PSC & other plts to exclude ref to ASAP rpts filed after crash GRANTED; Comair’s req to broaden scope of ruling to include all ASAP rpts is PASSED to trial. Signed by Judge Karl S. Forester on 7/17/2008.(STB)cc: COR
Friday, July 18, 2008 OPINION AND ORDER: USA’s 2648 Motion in Limine to exclude safety recommendations of NTSB from trial is GRANTED. Signed by Judge Karl S. Forester on 7/18/2008. (STB)cc: COR
Wednesday, July 30, 2008 OPINION AND ORDER: Comair’s Mtns to exclude testimony of D Sommer 2542, B Shiff 2543, T Olmsted 2682, and Cap C Ewell & M Fortune 2551 are DENIED. Signed by Judge Karl S. Forester on 7/30/2008. (STB)cc: COR
Wednesday, July 30, 2008 OPINION AND ORDER: (A) Comair’s 3089 Motion in Limine to exclude use of videotaped depo testimony of former & current Comair employees who are available to testify live is GRANTED IN PART to extent that Court exercises discretion in favor of use of live testimony to extent possible; (B) mtn DENIED IN PART to extent that a party may use video depo if (1) witness meets requirements of Rule 32 & testimony meets requirements of FRE or (2) for purposes of impeachment; (C) Comair’s request for 7 days notice to produce current or former employees at trial is DENIED; Plts or USA shall give Comair 3 calendar days advance notice for active pilots & only overnight notice for other employees, unless 24 hour notice necessary for travel; (D) Court will determine at trial whether prospective witness is managing agent in accordance w/ 6th Cir guidelines. Signed by Judge Karl S. Forester on 7/30/2008. (STB)cc: COR
Thursday, July 31, 2008 OPINION AND ORDER: (A) Comair’s 3188 Motion to Strike all or portions of testimony & exhibits re depo of Capt D. Robles is DENIED; (B) If Plts intend to use Capt Robles as witness, he must testify live at trial & his depo only used in accordance w/ rules re any live witness; (C) Court will reserve ruling on any obj to live testimony of Capt Robles or to exhibits associated w/ testimony until trial; (D) Comair’s 3188 Motion for Hearing is DENIED; (E) Comair’s 3189 Motion for Leave to serve subpoena duces tecum on Capt Robles & to take trial preservation depo is DENIED. Signed by Judge Karl S. Forester on 7/31/2008. (STB)cc: COR
Monday, August 4, 2008 OPINION AND ORDER: following mtns are DENIED AS MOOT, w/out prejudice for party to request reinstatement if ruling should become necessary: (1) Comair’s 2551 mtn in limine re experts Harris & Feinberg; (2) USA’s 2590 mtn in limine re subsequent remedial actions; (3) USA’s 2606 mtn in limine re experts Moss, Stimpson, Simmon & Salas; (4) Heberts 2627 mtn for extension of 30 days to add witnesses, exhibits; (5) Comairs 2662 mtn in limine to exclude use of personal items of passengers; (6) Comairs 2670 mtn in limine to exclude use of global positioning in Comairs aircraft; (7) Comairs 2675mtn in limine re comments posted on internet chat rooms, etc.; (8) Plts 2688 mtn in limine to preclude State Medical Examiner & pathologists fromtestifying re accident reconstruction, jury causation, biomechanics & toexclude testimony of Dr. Raddin; (9) Crew Plts 2701 mtn in limine re ref to the workers comp carrier, etc.; (10) Plts 3058 mtn to designate all Comair documents on Plts exh list as not confidential; (11) USA’s 3060 mtn to dismiss Comairs First Amended Complaint (McKee, 07-322); (12) USA’s 3093 mtn to strike report of Barnette; (13) Comairs 3118 mtn to dismiss certain damages or mtn in limine; & (14) Comairs 3206 mtn to exclude testimony re household services. Signed by Judge Karl S. Forester on 8/4/2008. (STB)cc: COR
Thursday, August 7, 2008 OPINION AND ORDER: Crew Plts’ 3125 Motion for Reconsideration of Order Granting Jeppesen’s Summary Judgment Motion is DENIED. Signed by Judge Karl S. Forester on 8/7/2008. (STB)cc: COR,6CCA
Monday, March 9, 2009 OPINION AND ORDER: Comair’s 3418 Motion to Certify prior Orders as final and appealable is DENIED. Signed by Judge Karl S. Forester on 3/9/2009. (STB)cc: COR,6CCA
Thursday, May 28, 2009 OPINION AND ORDER (RE Hebert, 07-cv-320): Comair’s 3478 Motion for Reconsideration of June 6, 2008 Opinion denying partial summary judgment on plts’ claims for punitive damages is DENIED. Signed by Judge Karl S. Forester on 5/28/2009. (STB)cc: COR
Tuesday, June 16, 2009 OPINION AND ORDER (RE Hebert, 07-cv-320) A. Comair’s 3486 Motion to Seal Document is DENIED; B. Comair’s 3527 Motion to amend 1/22/07 Protective Order is DENIED; and C. Court will consider a motion for protective order filed in accordance w/ this Opinion by 6/26/2009; response filed by 7/6/2009. Signed by Judge Karl S. Forester on 6/16/2009. (STB)cc: COR
Friday, June 19, 2009 OPINION AND ORDER: Comair’s 3471 Motion in Limine to exclude testimony of Dr. Richard A. Levy is DENIED. Signed by Judge Karl S. Forester on 6/19/2009. (STB)cc: COR
Tuesday, June 23, 2009 OPINION AND ORDER: A. Comair’s 3472 Motion to exclude testimony by Dr. Frank Ochberg re personal damages suffered by Jamie Hebert is GRANTED; B. Comair’s 3472 Motion to exclude testimony by Dr. Joy Osofsky re personal damages suffered by Lauren Hebert or Mattie Kay Hebert is DENIED; and Comair’s 3472 Motion for Hearing is DENIED. Signed by Judge Karl S. Forester on 6/23/2009. (STB)cc: COR
Thursday, June 25, 2009 MEMORANDUM OPINION & ORDER (RE: Demrow, 06-cv-371): 1) Pla’s 225 Motion is DENIED; 2) Pla Jonathan Lee Riches is FURTHER ENJOINED from submitting for filing any document(s), pleading(s), or letter(s) to the USDC, the Clerk or any Judge or Magistrate Judge in any case to which Jonathan Lee Riches is not a named party, UNLESS he submits together w/ the document, pleading or letter, all of the following, a) a copy of this Opinion and Order, b) a Motion for the Court’s Permission to file, c) a statement of the reasons that the Court’s permission should be granted to him; 3) Clerk is DIRECTED that should Riches present a complaint, other pleading, letter or other document that does not comply then the Clerk shall return the tendered documents to Riches; 4) Clerk shall file the original of this Order in 5:06-cv-371-KSF and a copy in 5:06-cv-316. Signed by Judge Karl S. Forester on 6/25/2009.(SCD)cc: COR
Tuesday, June 30, 2009 OPINION & ORDER (RE Hebert, 07-cv-320): This matter is before the Court on Comair’s 3474 Motion In Limine Adopting Prior Motions In Limine And Seeking Ruling On Motions In Limine Previously Passed Or Denied As Moot. (A) Comair’s 2632 Motion to exclude evidence and argument regarding “Pilot Pushing” is DENIED. (B) Comair’s 2674 Motion to exclude four Aviation Safety Action Program reports is DENIED. (C) Comair’s 2551 Motion to exclude the expert testimony of Dr. Maxine Harris and Dr. David Lewis Feinberg is DENIED. (D) Comair’s 2675 Motion to exclude evidence of comments posted on internet chat rooms, weblogs or the ALPA web-board regarding the crash of Flight 5191 is GRANTED WITHOUT PREJUDICE to Plaintiffs to cure hearsay and relevancy issues and offer portions of this evidence at trial. (E) Comair’s 2670 Motion to exclude evidence regarding the runway awareness advisory system and use of GPS in Comair aircraft is GRANTED. Signed by Judge Karl S. Forester on June 30, 2009. (AWD) cc: COR
Thursday, July 2, 2009 OPINION AND ORDER (RE Hebert, 07-cv-320): (A) Plaintiffs’ motion to exclude references or argument that future economic losses are “speculation” or “pure speculation” is DENIED (DE 3481 paragraph 6). (B) Plaintiffs’ motion to exclude Dr. James Raddins’ testimony that Woodward’s autopsy was somehow incomplete is DENIED (DE 3481 paragraph 9). (C) Plaintiffs’ motion to exclude opinion testimony by the State ME and pathologists in the areas of accident reconstruction, injury causation analysis or biomechanics is DENIED (DE 3481 paragraph 11). (D) Plaintiffs’ motion to exclude an admission by Comair that it is not contesting liability for compensatory damages is DENIED (DE 3481 paragraph 15). (E) Plaintiffs’ motion to exclude reference to Jamie Hebert as Bryan Woodward’s common law wife is GRANTED (DE 3481 paragraph 16). Signed by Judge Karl S. Forester on July 2, 2009. (AWD) cc: COR
Wednesday, November 4, 2009 OPINION AND ORDER (RE Hebert, 5:07-CV-320): (1) Comair’s 3625 MOTION to rule regarding privilege of testimony by Huval and Duhon is GRANTED TO THE EXTENT that Comair may take the trial testimony of Huval and Duhon on the limited issue of statements made to them in 2006 regarding Plaintiff’s marital status and may provide the same to the Court, under seal, for in camera review to determine the applicability of any attorney-client privilege and the potential admissibility of the evidence. (2) The Court will permit simultaneous briefs, not to exceed ten pages, to be filed no more than 5 days after the filing of any sealed testimony. (3) The testimony shall be subject to the Protective Order Regarding Confidential Information, pending further orders of the Court. Signed by Judge Karl S. Forester on November 4, 2009. (AWD) cc: COR
Thursday, November 19, 2009 OPINION & ORDER (RE Hebert, 5:07-CV-320): IT IS ORDERED that Plaintiffs’ 3611 MOTION to Vacate 3585 Opinion and Order and 3627 MOTION in Limine to allow Dr. Ochberg to testify to those matters described in his Affidavit with the exception of Paragraph 43 are DENIED. Signed by Judge Karl S. Forester on November 19, 2009. (AWD) cc: COR
Thursday, December 17, 2009 OPINION & ORDER (RE Hebert, 5:07-CV-320): Plaintiff’s 3477 Motion for Partial Summary Judgment against Comair on the issues of negligence and causation is GRANTED. Signed by Judge Karl S. Forester on December 17, 2009. (AWD) cc: COR
Monday, February 1, 2010 OPINION & ORDER (RE Hebert, 5:07-CV-320): Comair’s 3704 MOTION for Leave to Interview Jurors is DENIED. Signed by Judge Karl S. Forester on February 1, 2010. (AWD) cc: COR
Friday, April 2, 2010 OPINION & ORDER (RE Hebert, 5:07-CV-320): Comair’s 3718 partial motion for a new trial or remittitur is DENIED. Signed by Judge Karl S. Forester on April 2, 2010. (AWD) cc: COR
Monday, July 12, 2010 OPINION AND ORDER (RE Hebert, 5:07-CV-320): (A) Plaintiff’s 3760 Motion for a simultaneous trial of punitive damages claims against Comair and liability claims against the US is DENIED. (B) Plaintiff’s 3768 Motion in limine concerning Comair’s claims of causal fault by others is GRANTED with respect to conduct by Jeppesen-Sanderson, Inc., and DENIED with respect to the Airport and the US. (C) Plaintiff’s 3798 Motion to issue requests for admission concerning the extent of the US’s liability is DENIED. (D) Plaintiff’s 3801 Motion to bar Comair from admitting liability at the punitive damages trial is GRANTED to the extent that the Court will advise the jury of the determination of liability and causation. Signed by Judge Karl S. Forester on July 12, 2010. (AWD) cc: COR
Wednesday, February 2, 2011 OPINION AND ORDER (RE Hebert, 5:07-CV-320): Comair’s 3827 MOTION for reconsideration of the Court’s 6/6/2008 and 5/28/2009 orders re punitve damages is GRANTED; Comair entitled to partial summary judgment in its favor. A separate final jgm incl amt of compensatory damages will be entered after consultation with counsel. Signed by Judge Karl S. Forester on 2/2/2011.(STB)cc: COR — Modified text on 2/3/2011. (AWD)
Monday, March 14, 2011 OPINION AND ORDER (RE Hebert, 5:07-CV-320-KSF): The 3852 Motion to file a Statement of Services Provided Under Seal is GRANTED TO THE EXTENT that the Statement may be filed in the record under seal, but Carl Duhon and the Duhon Law Firm shall serve a copy of the Statement, without any redactions, to all counsel for Plaintiffs so they may provide the Court any comments or objections thereto. Signed by Judge Karl S. Forester on March 14, 2011. (AWD) cc: COR
Thursday, March 31, 2011 OPINION AND ORDER (RE Hebert, 5:07-CV-320) re 3866 MOTION to Establish a Briefing Schedule: (1) On or before April 15, 2011, Duhon and Motley shall provide any authority to support their claim that they are entitled to challenge Rapoport’s fees and expenses; (2) On or before April 15, 2011, Duhon shall provide any evidence that it was discharged without cause; and (3) On or before April 25, 2011, Rapoport may file a response to either of the foregoing briefs. (4) Following resolution of these issues, the Court will establish a briefing schedule. Signed by Judge Karl S. Forester on March 31, 2011. cc: COR (AWD)
Thursday, June 9, 2011 OPINION & ORDER (RE Hebert, 5:07-CV-320): It is ORDERED that: (1) The Rapoport Law Offices are to be reimbursed for payments in the amount of $56,150.73. (2) The Rapoport Law Offices are entitled to payment for attorney fees in the amount of $715,000.00, (3) Motley Rice LLC and its local counsel, Wilson, Polites & McQueen, are entitled to payment for attorney fees in the amount of $245,500.00. (4) The Duhon Firm is entitled to payment for attorney fees in the amount of $56,245.00. (5) If no objection to this Order is filed within 10 days, the Court will issue a separate order directing the Clerk to issue checks to distribute the funds deposited in the Court Registry Investment System. Signed by Judge Karl S. Forester on June 9, 2011. (AWD) cc: COR,F

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