Date: 04-09-2018

Case Style:

Case Number: 5:16-cv-01096-R

Judge: David L. Russell

Court: United States District Court for the Western District of Oklahoma (Oklahoma County0

Plaintiff's Attorney: Chandra Holmes, David Butler, John Zelbst and Clay Zelbst

Defendant's Attorney: F Jason Goodnight, Brynna Schelbar, Brynna Schelbar, Michael J O'Malley and Sarah E Buchan

Description: Oklahoma City, OK - Shawn D. Clift and Justin Weaver sued David J. Panther and United Parcel Service, Inc. on auto negligence theories.

03/09/2018 103 ORDER granted in part 99 Motion for Protective Order. Dr. Adams is hereby ordered to produce, as requested in the subpoena, any materials generated by or in response to the re-examination of Mr. Clift by Dr. Adams. Signed by Honorable David L. Russell on 3/9/18. (kr) Modified on 3/9/2018 (kr). (Entered: 03/09/2018)
03/15/2018 104 MOTION in Limine to Exclude Certain Expert Cross-Exam Topics by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Deposition of Gray Beauchamp)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 105 MOTION in Limine to Exclude Financials & Financial Condition of UPS by David J Panther, United Parcel Service Inc. (Goodnight, F) (Entered: 03/15/2018)
03/15/2018 106 MOTION in Limine Regarding Immediate Post-Accident Conduct by David J Panther, United Parcel Service Inc. (Goodnight, F) (Entered: 03/15/2018)
03/15/2018 107 MOTION in Limine Omnibus by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Deposition of Gray Beauchamp, # 2 Exhibit Accident Report)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 108 MOTION in Limine to Exclude Late-Disclosed Expert Opinions by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Smith Original Report, # 2 Exhibit Jones Original Report, # 3 Exhibit Email from Plaintiff's Counsel, # 4 Exhibit Jones Supplemental Report, # 5 Exhibit Jones Deposition Confirmation)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 109 MOTION in Limine to Exclude Texas Commercial Driver's Manual by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Deposition of Ron Blevins, # 2 Exhibit Deposition of David Panther, # 3 Exhibit Texas Manual)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 110 MOTION in Limine to Exclude Accident Report Diagram by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Accident Report, # 2 Exhibit Deposition of Trooper Laxton)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 111 MOTION in Limine to Exclude UPS Accident Report and Reference to Further Training by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit UPS Crash Prevention Report, # 2 Exhibit Deposition of Zach Suther, # 3 Exhibit Accident Report)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 112 MOTION in Limine Regarding Questions Directed to Arthur Cortez, MD by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Deposition of Arthur Cortez, MD, # 2 Exhibit Report of Arthur Cortez, MD)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 113 MOTION in Limine to Exclude Improper Reptile Theory and Golden Rule Tactics by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Reptile Excerpts, # 2 Exhibit Palmer v Virginia Orthopaedic, # 3 Exhibit Glover v State, # 4 Exhibit Derailing the Reptile Safety Rule Attack, # 5 Exhibit Premier Reptile Theory, # 6 Exhibit Deposition of David Panther, # 7 Exhibit Deposition of Zach Suther, # 8 Exhibit Deposition of Gray Beauchamp)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 114 MOTION in Limine to Exclude Late Accident Reconstruction by Plaintiff by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Email from Norris, # 2 Exhibit Deposition of Ron Blevins, # 3 Exhibit Letter from Zelbst)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 115 MOTION in Limine to Prohibit Characterization of Retained Experts as Treating Physicians to Bolster Credibility and Evade Expert Disclosure Requirements by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Deposition of Dr. William Jones, # 2 Exhibit Deposition of Dr. John Krusz)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 116 MOTION in Limine to Exclude Evidence in Support of Plaintiff's Lost Wage Claim by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Deposition of Shawn Clift, # 2 Exhibit Tax Returns_Part 1, # 3 Exhibit Tax Returns_Part 2, # 4 Exhibit Tax Returns_Part 3, # 5 Exhibit Tax Returns_Part 4, # 6 Exhibit Deposition of Greg Taylor, # 7 Exhibit Deposition of James Garrett, # 8 Exhibit Deposition of Davie Fye, # 9 Exhibit Report of Greg Taylor, # 10 Exhibit Report of Lon Huff, # 11 Exhibit Report of Will Clark)(Goodnight, F) (Entered: 03/15/2018)
03/15/2018 117 MOTION in Limine re Other accidents and other lawsuits filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Langston v Missouri Pac R R 1996 U S App LEXIS 27187)(Holmes, Chandra) (Entered: 03/15/2018)
03/15/2018 118 MOTION in Limine re: Protective Orders, Child Support & divorce information by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Motion to Modify Temp Order 4-4-11, # 2 Exhibit 2 - App for Contempt Citation 4-11-11, # 3 Exhibit 3 - Petition App for Temp Order 7-20-17, # 4 Exhibit 4 - Petition for Protective Order 10-16-17, # 5 Exhibit 5 - Case PO-2005-380 DC Comanche County, # 6 Exhibit 6 - Phillips v Northeast Oklahoma Elec. Inc.)(Holmes, Chandra) (Entered: 03/15/2018)
03/15/2018 119 MOTION in Limine re: Investigating Officer and Report by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Gee v. Shepherd 2000 U.S. App. LEXIS 6127, # 2 Exhibit 2 - Collision Report)(Holmes, Chandra) (Entered: 03/15/2018)
03/15/2018 120 MOTION in Limine re: Previous Suicide Attempt and 20 year old head injury by Shawn D Clift. (Attachments: # 1 Exhibit 1 - CCMH 5-20-1998, # 2 Exhibit 2 - CCMH 12-21-1997, # 3 Exhibit 3 - CCMH 12-21-1997 - Radiology Results)(Holmes, Chandra) (Entered: 03/15/2018)
03/15/2018 121 MOTION in Limine re: Alleged Drug Use by Shawn D Clift. (Holmes, Chandra) (Entered: 03/15/2018)
03/15/2018 122 MOTION in Limine re: Cooperation of Plaintiff by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Letter to Dr. Adams re IME on 6-20-17, # 2 Exhibit 2 - Dr. Russell Adams IME)(Holmes, Chandra) (Entered: 03/15/2018)
03/15/2018 123 MOTION in Limine re: Ultimate Opinions by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Laxton Depo Pgs 30,31 & 32, # 2 Exhibit 2 - Beauchamp Depo Pg 106, # 3 Exhibit 3 - Laxton Depo Pgs 44 & 45, # 4 Exhibit 4 - CCMH Discharge Summary 10-14-2011, # 5 Exhibit 5 - CCMH Test Results 10-15-2011, # 6 Exhibit 6 - Integris SWMC 06-15-2015 Notes)(Holmes, Chandra) (Entered: 03/15/2018)
03/15/2018 124 MOTION in Limine re: Taxes & Future of the Towing Industry by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Depo Taylor Pgs 122-124, # 2 Exhibit 2 - Taylor Report Page 9, # 3 Exhibit 3 - Depo Taylor Pg 100, # 4 Exhibit 4 - Depo Taylor Pgs 100 & 101, # 5 Exhibit 5 - Depo Taylor Pg 103)(Holmes, Chandra) (Entered: 03/15/2018)
03/29/2018 125 MOTION to Seal Document Response to Plaintiff's Motion in Limine by All Defendants. (Goodnight, F) (Entered: 03/29/2018)
03/29/2018 126 ORDER granting 125 Motion to Seal Document. Signed by Honorable David L. Russell on 3/29/18. (jw) (Entered: 03/29/2018)
03/29/2018 127 SEALED RESPONSE by David J Panther, United Parcel Service Inc Re: 121 MOTION in Limine re: Alleged Drug Use (Goodnight, F) (Entered: 03/29/2018)
03/30/2018 128 DESIGNATION OF DEPOSITION TESTIMONY by Shawn D Clift of Zach Suther. (Zelbst, John) (Entered: 03/30/2018)
03/30/2018 129 MOTION in Limine Daubert Motion To Limit the Proferred Testimony of Dr. Russell Adams by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Adams CV, # 2 Exhibit 2 - Adams Report 3-7-2018, # 3 Exhibit 3 - CT Head 10-08-11, # 4 Exhibit 4 - CT Head 10-09-11, # 5 Exhibit 5 - MRI Brain 10-10-11, # 6 Exhibit 6 - MRI Brain 10-13-11, # 7 Exhibit 7 - CT Report Brain 06-08-15, # 8 Exhibit 8 - CCMH Drug Testing 10-10-2011, # 9 Exhibit 9 - CCMH Drug Testing 05-20-1998)(Holmes, Chandra) (Entered: 03/30/2018)
04/02/2018 130 ORDER re 129 MOTION in Limine Daubert Motion To Limit the Proferred Testimony of Dr. Russell Adams filed by Shawn D Clift. Defendants shall respond to Plaintiffs Motion to Limit the Proffered Testimony of Dr. Russell Adams not later than 5:00 p.m. on Thursday, April 5, 2018. Signed by Honorable David L. Russell on 4/2/18. (jw) (Entered: 04/02/2018)
04/02/2018 131 DESIGNATION OF DEPOSITION TESTIMONY by David J Panther, United Parcel Service Inc . (Goodnight, F) (Entered: 04/02/2018)
04/02/2018 132 Proposed Jury Instructions by Defendants David J Panther, United Parcel Service Inc. (Goodnight, F) (Entered: 04/02/2018)
04/02/2018 133 Proposed Voir Dire by Defendants David J Panther, United Parcel Service Inc. (Goodnight, F) (Entered: 04/02/2018)
04/02/2018 134 TRIAL BRIEF by Defendants David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Deposition of Laxton, # 2 Exhibit Deposition of Beauchamp)(Goodnight, F) (Entered: 04/02/2018)
04/02/2018 135 Proposed Jury Instructions by Plaintiff Shawn D Clift. (Zelbst, John) (Entered: 04/02/2018)
04/03/2018 136 ORDER Setting Hearing on Motion ( Motion Hearing on all Motions in Limine set for 4/9/2018 10:00 AM in Courtroom 302 before Honorable David L. Russell.), ( Docket Call set for 4/9/2018 10:00 AM in Courtroom 302 before Honorable David L. Russell.). Signed by Honorable David L. Russell on 4/3/18. (jw) (Entered: 04/03/2018)
04/03/2018 137 ORDER re 54 MOTION to Exclude Testimony of Gray Beauchamp filed by Shawn D Clift, 56 MOTION to Exclude Testimony of Alfred P. Bowles, II, M.D. filed by Shawn D Clift, 58 MOTION to Exclude Accident Reconstruction Expert Ron Blevins filed by David J Panther, United Parcel Service Inc. In the interest of efficiency, the Court will consider the admissibility of the testimony of these experts at the hearing to be held on Monday April 9, 2018, and anticipates short testimony from each of the above witnesses in support of the admissibility of their testimony and in consideration of the factors set forth in Daubert. Signed by Honorable David L. Russell on 4/3/18. (jw) (Entered: 04/03/2018)
04/05/2018 138 ENTER ORDER; At the parties request a Judicial Settlement Conference will be conducted by Magistrate Judge Bernard Jones, on Friday, April 6, 2018 at 1:00 p.m., Courtroom #101, in the William J. Holloway, Jr., United States Courthouse. ORDER REFERRING CASE for Settlement Conference only to Magistrate Judge Bernard M. Jones. Signed by Honorable David L. Russell on 4/5/18. (jw) (Entered: 04/05/2018)
04/05/2018 139 RESPONSE to Motion re 118 MOTION in Limine re: Protective Orders, Child Support & divorce information filed by David J Panther, United Parcel Service Inc. (Goodnight, F) (Entered: 04/05/2018)
04/05/2018 140 RESPONSE to Motion re 122 MOTION in Limine re: Cooperation of Plaintiff filed by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Depo of Weaver, # 2 Exhibit Depo of Fye, # 3 Exhibit Depo of Echler)(Goodnight, F) (Entered: 04/05/2018)
04/05/2018 141 RESPONSE to Motion re 117 MOTION in Limine re Other accidents and other lawsuits filed filed by David J Panther, United Parcel Service Inc. (Goodnight, F) (Entered: 04/05/2018)
04/05/2018 142 RESPONSE to Motion re 120 MOTION in Limine re: Previous Suicide Attempt and 20 year old head injury filed by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Article, # 2 Exhibit Integris Record, # 3 Exhibit Comanche County Record)(Goodnight, F) (Entered: 04/05/2018)
04/05/2018 143 RESPONSE to Motion re 124 MOTION in Limine re: Taxes & Future of the Towing Industry filed by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Taylor Depo, # 2 Exhibit Taylor Report)(Goodnight, F) (Entered: 04/05/2018)
04/05/2018 144 RESPONSE to Motion re 123 MOTION in Limine re: Ultimate Opinions filed by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Depo of Laxton, # 2 Exhibit Depo of Beauchamp)(Goodnight, F) (Entered: 04/05/2018)
04/05/2018 145 COUNTER DESIGNATION OF DEPOSITION TESTIMONY by David J Panther, United Parcel Service Inc . Related document: 128 Designation of Deposition Testimony filed by Shawn D Clift.(Goodnight, F) (Entered: 04/05/2018)
04/05/2018 146 RESPONSE to Motion re 119 MOTION in Limine re: Investigating Officer and Report filed by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Accident Report)(Goodnight, F) (Entered: 04/05/2018)
04/05/2018 147 RESPONSE in Opposition re 108 MOTION in Limine to Exclude Late-Disclosed Expert Opinions filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Email 11-16-17, # 2 Exhibit 2 -Jones - Neuropsychology - Report 11-15-17)(Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 148 OBJECTIONS re 135 Proposed Jury Instructions filed by David J Panther, United Parcel Service Inc. (Attachments: # 1 Exhibit Depo of Laxton)(Goodnight, F) (Entered: 04/05/2018)
04/05/2018 149 RESPONSE in Opposition re 104 MOTION in Limine to Exclude Certain Expert Cross-Exam Topics filed by Shawn D Clift. (Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 150 RESPONSE in Opposition re 105 MOTION in Limine to Exclude Financials & Financial Condition of UPS filed by Shawn D Clift. (Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 151 RESPONSE in Opposition re 106 MOTION in Limine Regarding Immediate Post-Accident Conduct filed by Shawn D Clift. (Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 152 RESPONSE in Opposition re 107 MOTION in Limine Omnibus filed by Shawn D Clift. (Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 153 RESPONSE in Opposition re 109 MOTION in Limine to Exclude Texas Commercial Driver's Manual filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Beauchamp report, # 2 Exhibit 2 - Beauchamp Depo Pgs 42-43)(Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 154 RESPONSE in Opposition re 110 MOTION in Limine to Exclude Accident Report Diagram filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Laxton Depo Pg 19, # 2 Exhibit 2 - Collision Diagram, # 3 Exhibit 3 - Laxton Depo Pg 20, # 4 Exhibit 4 - Laxton Depo Pg 39, # 5 Exhibit 5 - Laxton Depo Pg 40, # 6 Exhibit 6 - Laxton Depo Pg 42)(Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 155 RESPONSE in Opposition re 111 MOTION in Limine to Exclude UPS Accident Report and Reference to Further Training filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Auto Crash Prevention Report, # 2 Exhibit 2 - Answer by UPS)(Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 156 RESPONSE in Opposition re 112 MOTION in Limine Regarding Questions Directed to Arthur Cortez, MD filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 -Cortez Depo Pg 38, # 2 Exhibit 2 - Cortez Depo Pg 37, # 3 Exhibit 3 - Cortez Depo Pgs 40 & 41)(Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 157 RESPONSE in Opposition re 113 MOTION in Limine to Exclude Improper Reptile Theory and Golden Rule Tactics filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Donnelly v. Defendants - Edward J. Ho)(Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 158 RESPONSE in Opposition re 114 MOTION in Limine to Exclude Late Accident Reconstruction by Plaintiff filed by Shawn D Clift. (Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 159 RESPONSE in Opposition re 115 MOTION in Limine to Prohibit Characterization of Retained Experts as Treating Physicians to Bolster Credibility and Evade Expert Disclosure Requirements filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 - Dr. William Jones report 11-7-17, # 2 Exhibit 2 - Dr. John Krusz report, # 3 Exhibit 3 - Dr. Shawn Smith report 11-30-16)(Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 160 UNOPPOSED MOTION for Leave to Be Excused from Settlement Conference by David J Panther. (Goodnight, F) (Entered: 04/05/2018)
04/05/2018 161 RESPONSE in Opposition re 116 MOTION in Limine to Exclude Evidence in Support of Plaintiff's Lost Wage Claim filed by Shawn D Clift. (Attachments: # 1 Exhibit 1 - 5-23-16 Repo Membership, # 2 Exhibit 2 - Clift Depo Pgs 86 & 87, # 3 Exhibit 3 - Garrett Depo Pgs 28 & 40, # 4 Exhibit 4 - Clift Depo Pgs 29 & 30, # 5 Exhibit 5 - Garrett Depo Pg 64, # 6 Exhibit 6 - Garrett Depo Pgs 35 & 69, # 7 Exhibit 7 - Huff report, # 8 Exhibit 8 - Clark report, # 9 Exhibit 9 - Clift Depo Pg 28, # 10 Exhibit 10 - Clift Depo Pgs 29 & 30, # 11 Exhibit 11 - Clift Depo Pg 29)(Holmes, Chandra) (Entered: 04/05/2018)
04/05/2018 162 RESPONSE to Motion re 129 MOTION in Limine Daubert Motion To Limit the Proferred Testimony of Dr. Russell Adams filed by David J Panther, United Parcel Service Inc. (Goodnight, F) (Entered: 04/05/2018)
04/06/2018 163 ORDER granting 160 Motion to be Excused from Settlement Conference. Signed by Honorable David L. Russell on 4/6/18. (jw) (Entered: 04/06/2018)
04/06/2018 164 COUNTER DESIGNATION OF DEPOSITION TESTIMONY by Shawn D Clift . Related document: 131 Designation of Deposition Testimony filed by David J Panther, United Parcel Service Inc.(Zelbst, John) (Entered: 04/06/2018)

Outcome: 04/06/2018 165 ENTER ORDER ~ A settlement conference was held on Friday, April 6, 2018, before Magistrate Judge Bernard M. Jones. Lead trial counsel John Zelbst along with David Butler and Clay Zelbst appeared on behalf of Plaintiff. Lead trial counsel Jason Goodnight appeared on behalf of Defendants. The case settled. Signed by Magistrate Judge Bernard M. Jones on 4/6/2018. (dwl) (Entered: 04/06/2018)
04/09/2018 166 ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Honorable David L. Russell on 4/9/18. (jw) (Entered: 04/09/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments: