IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
October 28, 2009
JEROME HOGAN, PLAINTIFF,
WAL-MART STORES INC., DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
Now before the Court is Wal-Mart's September 29, 2009 motion in limine to admit testimony of Dr. Johe (Doc. 39). Specifically, Wal-Mart moves the Court to admit the examination of Dr. Johe by counsel for Wal-Mart concerning Dr. Johe's opinions concerning the cause of Hogan's revision surgery at L3-4.*fn1 As of this date, Hogan has not responded to the motion.*fn2 The Court considers this failure to respond as an admission of the merits. Accordingly, the Court GRANTS the motion.
The Court ALLOWS the testimony of Dr. Johe concerning the cause of Hogan's revision surgery at L3-4.
IT IS SO ORDERED.
David R Herndon Chief Judge United States District Court