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Melissa Jenks, Individually and As G/N/F of Roderick Jenks v. New Hampshire Motor Speedway

February 22, 2012

MELISSA JENKS, INDIVIDUALLY AND AS G/N/F OF RODERICK JENKS
v.
NEW HAMPSHIRE MOTOR SPEEDWAY, BREANN THOMPSON, AND TEXTRON, INC.
v.
A.B.L, INC.



The opinion of the court was delivered by: Joseph A. DiClerico, Jr. United States District Judge

ORDER

The court held a telephone conference on February 22, 2012, to discuss scheduling and other issues in this case.

I. Trial Schedule

The trial is rescheduled to July 17, 2012. Jury selection will begin at 9:30 a.m.. Evidence will begin following jury selection.

II. Pretrial Materials and Schedule The final pretrial conference will be held on a date and at a time to be set by the court, with notice to counsel.

A. Continuing Duty to Warn

An issue remains in the case as to whether New Hampshire law would recognize a continuing duty to warn as provided under the Restatement (Third) of Torts: Product Liability § 10, or under other legal principles. Parties asserting a continuing duty to warn shall file motions with supporting memoranda of law, not to exceed fifteen pages, on or before March 14, 2012. Any objections and supporting memoranda, not to exceed fifteen pages, shall be filed on or before March 23, 2012.

Replies, not to exceed ten pages, shall be filed on or before March 30, 2012.

Surreplies, not to exceed ten pages, shall be filed on or before April 6, 2012.

B. Claims and Cross Claims

Counsel shall review the claims and cross claims in order to determine whether any can be eliminated or resolved by agreement or stipulation. Counsel shall file a notice with the court on or before May 1, 2012, designating which claims or cross claims, if any, have been eliminated or resolved.

The parties agree that third-party defendant, Textron Financial Services, Inc. is no longer a party in this case.

C. Jury Instructions

In lieu of separate requests for jury instructions, counsel shall use their best efforts to agree on a set of jury instructions and on the order in which those instructions will be given. Counsel shall address only the substantive instructions that relate to each claim and cross claim. There is no ...


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