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Date: 06-25-2019

Case Style:

Richard Spinnenweber v. Robert Laducer and Red River Supply, Incorporated

Case Number: 2:14-cv-00101-JEM

Judge: John E. Martin

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

Plaintiff's Attorney: Kevin W. Marshall

Defendant's Attorney: Michael B. Knight, Perry W. Hoag, Stephen M. Brandenburg, Lee F. Baker, Rand D. Richey

Description:


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Hammond, IN - Richard Spinnenweber sued Robert Laducer and Red River Supply, Incorporated on personal injury, auto negligence and respondeat superior theories.

Plaintiff's case was filed in the Superior Court, Porter County, Indiana, case no.: 64D01-1403-CT-1876, and was removed to federal court by the defendants.

12/01/2018 126 AMENDED DOCUMENT by Robert Laducer, Red River Supply Incorporated. Amendment to 124 Brief in Support of Motion to Exclude Expert Testimony - Dr. Charles Yates. (Baker, Lee) (Entered: 12/01/2018)
12/01/2018 127 BRIEF re 124 Brief in Support, 123 MOTION in Limine To Exclude Expert Testimony, 126 Amended Document . (Attachments: # 1 Exhibit Exhibit A)(Marshall, Kevin) (Entered: 12/01/2018)
12/01/2018 128 (Stricken 12/3/2018) DEPOSITION of Misc taken on 11/15/2018 by Richard Spinnenweber. (Attachments: # 1 Addendum Sally Litton dep, # 2 Addendum Philip Curtis dep, # 3 Addendum Harry Jacobs, # 4 Addendum Donna cooper, # 5 Addendum Chris Spinnenweber, # 6 Addendum Catherine Spinnenweber, # 7 Addendum Caroline Collletti)(Marshall, Kevin) Modified on 12/3/2018 (smb). (Entered: 12/01/2018)
12/03/2018 129 DEPOSITION of Dr. Peter Carney taken on April 16, 2018 by Robert Laducer, Red River Supply Incorporated.(Baker, Lee) (Entered: 12/03/2018)
12/03/2018 130 JURY TRIAL (DAY 1) on 12/3/2018 before Magistrate Judge John E Martin. Pla Richard Spinnenweber appeared in person and by atty Kevin Marshall. Dfts appeared by Representative Kenneth Hawk, Health Safety & Environmental Compliance Manager, and atty Lee Baker. Stipulation of Exhibits entered of record. Court GRANTS 123 MOTION in Limine To Exclude Expert Testimony Charles W. Yates, M.D. filed by Robert Laducer, Red River Supply Incorporated as referenced in open Court 12/3/2018. Voir Dire process completed and (8) jurors sworn to try case. Jurors charged with preliminary instructions (1) through (15). Opening remarks. Separation of witnesses granted. Plaintiff begins presentation of evidence, but does not conclude. Jury Trial continued to 8:45 AM 12/4/2018 before Magistrate Judge John E. Martin. (Court Reporter Angela Phipps) (smb) (Entered: 12/03/2018)
12/03/2018 131 DEPOSITION of Chris Spinnenweber taken on 11/15/2018 by Richard Spinnenweber.(Marshall, Kevin) (Entered: 12/03/2018)
12/03/2018 132 Preliminary Jury Instructions 1-15.(smb) (Entered: 12/03/2018)
12/03/2018 133 DEPOSITION of Donna Cooper taken on 11/15/2018 by Richard Spinnenweber.(Marshall, Kevin) (Entered: 12/03/2018)
12/03/2018 134 ORDER STRIKING 128 all Depositions filed by Richard Spinnenweber with leave to refile as directed in open Court 12/3/2018. Text entry order. By Magistrate Judge John E Martin on 12/3/2018. (smb) (Entered: 12/03/2018)
12/03/2018 135 DEPOSITION of Sue Owney taken on 11/15/2018 by Richard Spinnenweber.(Marshall, Kevin) (Entered: 12/03/2018)
12/03/2018 136 DEPOSITION of Harry Jacobs taken on 11/15/2018 by Richard Spinnenweber.(Marshall, Kevin) (Entered: 12/03/2018)
12/03/2018 137 DEPOSITION of Catherine Spinnenweber taken on 11/15/2018 by Richard Spinnenweber.(Marshall, Kevin) (Entered: 12/03/2018)
12/03/2018 138 DEPOSITION of Sally Litton taken on 11/15/2018 by Richard Spinnenweber.(Marshall, Kevin) (Entered: 12/03/2018)
12/03/2018 139 DEPOSITION of Caroline Colletti taken on 11/15/2018 by Richard Spinnenweber.(Marshall, Kevin) (Entered: 12/03/2018)
12/03/2018 140 DEPOSITION of Phillip Curtis taken on 11/15/2018 by Richard Spinnenweber.(Marshall, Kevin) (Entered: 12/03/2018)
12/04/2018 141 JURY TRIAL (DAY 2) on 12/4/2018 before Magistrate Judge John E Martin. All parties appeared in person as previously noted. Plaintiff completes presentation of evidence and rests. Defense presents no evidence and rests. Jury Instruction Conference held outside jurors presence. Closing arguments. Jurors charged with the Court's Final Jury Instructions 1-26. Jurors deliberate 1:30-2:25 PM. Jurors return verdict in favor of Plaintiff, and against the Defendants, in the amount of $1,000,000.00. Jurors polled with no change in verdict. Clerk directed to enter judgment on the verdict. (Angela Phipps, Court Reporter) (smb) (Entered: 12/04/2018)
12/04/2018 142 Trial Witness & Exhibit List.(smb) (Entered: 12/04/2018)
12/04/2018 143 Court's FINAL JURY INSTRUCTIONS 1-26. (smb) (Entered: 12/04/2018)
12/04/2018 144 ORDER directing Clerk of Court to return all trial exhibits either offered or admitted in evidence and to obtain a receipt therefore. The items are to be retained by the attorney producing them and remain subject to the Orders of this Court. Signed by Magistrate Judge John E Martin on 12/4/2018. (smb) (Entered: 12/04/2018)
12/04/2018 145 RECEIPT FOR RETURN OF PLAINTIFF'S TRIAL EXHIBITS as listed on Trial Exhibit List to Kevin Marshall. (smb) (Entered: 12/04/2018)

Outcome: 12/04/2018 146 JURY VERDICT. (smb) (Entered: 12/04/2018)
12/04/2018 147 CLERK'S ENTRY OF JUDGMENT. (smb) (Entered: 12/04/2018)
12/19/2018 148 TRANSCRIPT of Opening Statements held on 12/03/2018, before Judge John E. Martin. Court Reporter Angela Phipps, Telephone number (219) 852-3616. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 1/2/2019. Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/19/2019. (ap) (Entered: 12/19/2018)
12/19/2018 149 TRANSCRIPT of Closing Arguments held on 12/04/2018, before Judge John E. Martin. Court Reporter Angela Phipps, Telephone number (219) 852-3616. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 1/2/2019. Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/19/2019. (ap) (Entered: 12/19/2018)
12/19/2018 150 NOTICE of Appearance by Perry W Hoag on behalf of Robert Laducer, Red River Supply Incorporated (Hoag, Perry) (Entered: 12/19/2018)
12/19/2018 151 NOTICE of Appearance by Stephen M Brandenburg on behalf of Robert Laducer, Red River Supply Incorporated (Brandenburg, Stephen) (Entered: 12/19/2018)
12/28/2018 152 TRANSCRIPT of Jury Trial (Volume 1 of 2) held on 12/3/2018, before Judge John E. Martin. Court Reporter Angela Phipps, Telephone number 219-852-3616. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 1/11/2019. Redaction Request due 1/18/2019. Redacted Transcript Deadline set for 1/28/2019. Release of Transcript Restriction set for 3/28/2019. (tlr) (Entered: 12/28/2018)
12/28/2018 153 TRANSCRIPT of Jury Trial (Volume 2 of 2) held on 12/4/2018, before Judge John E. Martin. Court Reporter Angela Phipps, Telephone number 219-852-3616. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 1/11/2019. Redaction Request due 1/18/2019. Redacted Transcript Deadline set for 1/28/2019. Release of Transcript Restriction set for 3/28/2019. (tlr) (Entered: 12/28/2018)
01/01/2019 154 MOTION for New Trial and/or to Amend Judgment by Defendants Robert Laducer, Red River Supply Incorporated. (Brandenburg, Stephen) (Entered: 01/01/2019)
01/01/2019 155 MEMORANDUM OF LAW re 154 MOTION for New Trial and/or to Amend Judgment by Robert Laducer, Red River Supply Incorporated. (Brandenburg, Stephen) (Entered: 01/01/2019)
01/07/2019 156 RESPONSE to Motion re 154 MOTION for New Trial and/or to Amend Judgment filed by Richard Spinnenweber. (Marshall, Kevin) (Entered: 01/07/2019)
01/14/2019 157 REPLY to Response to Motion re 154 MOTION for New Trial and/or to Amend Judgment filed by Robert Laducer, Red River Supply Incorporated. (Brandenburg, Stephen) (Entered: 01/14/2019)
06/24/2019 158 OPINION AND ORDER: The Court hereby GRANTS the 154 Motion for New Trial and/or to Amend Judgment Motion for Reconsideration 38 and ORDERS that Plaintiff has until 7/9/2019 to accept a reduction of the damages award to $250,000. In the event the remittur is not accepted, the matter will be set for a new trial. Signed by Magistrate Judge John E Martin on 6/24/2019. (jss) (Entered: 06/25/2019)

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