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Kroh v. Norfolk Southern Railway Co.

February 3, 2009

TIMOTHY L. KROH, ADMINISTRATOR OF THE ESTATE OF APRIL M. ERDMAN, PLAINTIFF
v.
NORFOLK SOUTHERN RAILWAY COMPANY AND NORFOLK SOUTHERN CORPORATION, DEFENDANTS



The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 3rd day of February, 2009, upon consideration of defendants' motion in limine (Doc. 60) filed under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), and counsel having reported to the court that this action has been settled, it is hereby ORDERED that:

1. This action is DISMISSED without costs and without prejudice to the right of either party, upon good cause shown, to reinstate the action within sixty (60) days if the settlement is not consummated.

2. The motion in limine (Doc. 60) is DENIED as moot.

3. The Clerk of Court is instructed to CLOSE this case.

20090203

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