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Date: 12-19-2014

Case Style: Emily Herx v. Diocese of Fort Wayne-South Bend Inc., et al.

Case Number: 1:12-cv-00122-RLM

Judge: Robert L Miller, Jr,

Court: United States District Court for the Northern District of Indiana (Allen County)

Plaintiff's Attorney: Chris Stake and Kathleen DeLaney

Defendant's Attorney: John Theisen and Scott Hall

Description: Emily Herx sued the Diocese of Fort Wayne-South Bend Inc., St. Vincent de Paul School on a civil rights violation theory claiming that she was fired after church officials learned that she was trying to get pregnant through in vitro fertilization.

Some court docket entries for this case:

12/01/2014 190 FINAL PRETRIAL CONFERENCE held on 12/1/2014 before Judge Robert L Miller, Jr. Pla appeared by attys DeLaney and Stake. Dft appeared by attys Theisen and Hall. After discussions and arguments, the court ruled on pending Motions and Motions in Limine. Written order to follow. Five day jury trial to proceed on 12/16/2014. (Court Reporter D. Bonk.) (dk) (Entered: 12/01/2014)
12/01/2014 191 PRE-TRIAL ORDER (dk) (Entered: 12/01/2014)
12/03/2014 192 MEMORANDUM OF PRETRIAL CONFERENCE 188 Joint Motion to Identify the Diocese of Fort Wayne-South Bend Inc as the Sole Party Defendant in this action filed by St Vincent de Paul School, Diocese of Fort Wayne-South Bend Inc; DENYING on an interlocutory basis the Pla's 171 MOTION in Limine, GRANTING on an interlocutory basis subsections (a), (d), and (g) of the Dft's 180 MOTION in Limine and DENYING on an interlocutory basis all other subsections of the Dft's motion; OVERRULING Pla's 103 and 177 Objections to Dft's witnesses; OVERRULING Dft's Objections to the expert reports and related testimony of Pla's witnesses Lawrence Park, DDS 98 , Bradford L Bopp, MD 99 , and Dr. Steven Nakajima 100 ; OVERRULING Dft's Objections to the deposition testimony and deposition summaries of Pla's witnesses Cynthia Wolf 181 and Mark Myers PhD 185 as outlined; DENYING as moot Pla's 187 MOTION to Amend 156 Exhibit List. Court APPROVED the final pretrial order and finalized the schedule for the 5 day Jury Trial scheduled to commence on 12/16/2014 at 9:30 AM in Fort Wayne. Signed by Judge Robert L Miller, Jr on 12/3/2014. (lns) (Entered: 12/03/2014)
12/16/2014 193 JURY TRIAL begun on 12/16/2014 before Judge Robert L Miller, Jr. Pla appeared by attys K. DeLaney and C. Stake. Dft appeared by attys J. Theisen and M. Scott Hall. Parties present. Jury panel present and sworn. 12 jurors selected and sworn. Preliminary Instructions read to jury. Defendant makes oral motion for separation of witnesses. Motion is GRANTED. Opening statements heard. Plaintiff presents evidence with one witness. Trial to resume on 12/17/2014. (Court Reporter D. Bonk.) (dk) (Entered: 12/17/2014)
12/16/2014 194 Court's Proposed Voir Dire (dk) (Entered: 12/17/2014)
12/16/2014 195 Court's Proposed Preliminary Jury Instructions (dk) (Entered: 12/17/2014)
12/17/2014 196 JURY TRIAL (Day 2) held on 12/17/2014 before Judge Robert L Miller, Jr. Pla appeared by attys K. DeLaney and C. Stake. Dft appeared by attys J. Theisen and M. Scott Hall. Parties present. Jurors present. Plaintiff presents evidence with five witnesses. Trial to resume on 12/18/2014. (Court Reporter D. Bonk.) (dk) (Entered: 12/17/2014)
12/18/2014 197 Supplemental Proposed Jury Instructions by Emily Herx. (DeLaney, Kathleen) (Entered: 12/18/2014)
12/18/2014 198 JURY TRIAL (Day 3) held on 12/18/2014 before Judge Robert L Miller, Jr. Pla appeared by attys K. DeLaney and C. Stake. Dft appeared by attys J. Theisen and M. Scott Hall. Parties present. Jurors present. Plaintiff presents evidence with three witnesses. At the parties request, defense presents evidence with one witness (out of order). Plaintiff makes Rule 50a motion for a directed verdict. Defense makes Rule 50a motion. Arguments heard. For reasons stated, plaintiffs Rule 50a motion is DENIED at this time as untimely and defendants Rule 50a motion is DENIED. Plaintiff presents evidence with one witness. Plaintiff rests. Defense presents evidence with five witnesses. Defense rests. Jury excused. Parties renew their Rule 50a motions and the court defers ruling. Final instruction conference held. Trial to resume on 12/19/2014. (Court Reporter D. Bonk.) (dk) (Entered: 12/18/2014)

Outcome: The jury awarded Herx $1.75 million for emotional and physical damages, $125,000 for medical expenses, $75,000 for lost wages and $1 in punitive damages.

Plaintiff's Experts:

Defendant's Experts:

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