Case details

Court: mad
Docket #: 1:08-cv-11815
Case Name: Mercuri v. National Railroad Passenger Corporation
PACER case #: 118503
Date filed: 2008-10-29
Date terminated: 2009-12-11
Assigned to: Judge Rya W. Zobel
Case Cause: 45:51 Railways: Fed. Employer's Liability Act
Nature of Suit: 330 Federal Employer's Liability
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Vincent Mercuri
Plaintiff
William L. Myers , Jr.
Myers Lafferty Law Offices PC 1515 Market Street Suite 810 Philadelphia, PA 19102 215-988-1229 Fax: 215-988-0433 Email: wlm@myerslafferty.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Sean McMahon
McMahon & Associates, PC 100 High Street 20th Floor Boston, MA 02110 617-906-5560 Fax: 617-284-6260 Email: sean@mcmahontaxlaw.com
ATTORNEY TO BE NOTICED

National Railroad Passenger Corporation
Defendant
also known asAmtrak
John J. Bonistalli
Law Offices of John J. Bonistalli 160 Federal Street 15th Floor Boston, MA 02110 617-737-1771 Fax: 617-737-5026 Email: john.bonistalli@bonistallilaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas Vincent DiGangi
Law Offices of John J. Bonistalli 160 Federal Street 15th Floor Boston, MA 02110 617-737-1771 Fax: 617-737-5026 Email: thomas.digangi@bonistallilaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-10-29 1 0 COMPLAINT against National Railroad Passenger Corporation (Amtrak) Filing fee: $ 350, receipt number 01010000000002167984, filed by Vincent Mercuri. (Attachments: # 1 Civil Cover Sheet)(McMahon, David) (Entered: 10/29/2008)
2008-10-29 2 0 Summons Issued as to National Railroad Passenger Corporation. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Patch, Christine) (Entered: 10/29/2008)
2008-11-13 3 0 AFFIDAVIT OF SERVICE Executed by Vincent Mercuri. National Railroad Passenger Corporation served on 11/3/2008, answer due 11/24/2008. Acknowledgement filed by Vincent Mercuri. (McMahon, David) (Entered: 11/13/2008)
2008-11-17 4 0 NOTICE of Appearance by John J. Bonistalli on behalf of National Railroad Passenger Corporation (Bonistalli, John) (Entered: 11/17/2008)
2008-11-17 5 0 NOTICE of Appearance by Thomas Vincent DiGangi on behalf of National Railroad Passenger Corporation (DiGangi, Thomas) (Entered: 11/17/2008)
2008-11-17 6 0 ANSWER to 1 Complaint with Jury Demand by National Railroad Passenger Corporation.(DiGangi, Thomas) (Entered: 11/17/2008)
2008-11-20 7 0 NOTICE of Scheduling Conference Scheduling Conference set for 12/17/2008 03:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 11/20/2008)
2008-11-24 8 0 CERTIFICATION pursuant to Local Rule 16.1 by National Railroad Passenger Corporation.(DiGangi, Thomas) (Entered: 11/24/2008)
2008-12-03 9 0 JOINT STATEMENT pursuant to Local Rule 16.1 by Vincent Mercuri.(McMahon, David) Modified on 12/4/2008 (Johnson, Jay). (Entered: 12/03/2008)
2008-12-03 10 0 CERTIFICATION pursuant to Local Rule 16.1 by Vincent Mercuri.(McMahon, David) (Entered: 12/03/2008)
2009-03-12 11 0 NOTICE of Appearance by William L. Myers, Jr on behalf of Vincent Mercuri (Myers, William) (Entered: 03/12/2009)
2009-09-30 12 0 Judge Rya W. Zobel: ORDER entered. PROCEDURAL ORDER re pretrial/trial Final Pretrial Conference set for 10/20/2009 02:30 PM in Courtroom 12 before Judge Rya W. Zobel.(Urso, Lisa) (Entered: 09/30/2009)
2009-10-12 13 0 PRETRIAL MEMORANDUM by Vincent Mercuri. (Attachments: # 1 Exhibit Exhib A - J, # 2 Exhibit Exhibits K - L, # 3 Exhibit Exhibits M - N, # 4 Exhibit Exhibits O - P)(Myers, William) (Entered: 10/12/2009)
2009-10-15 14 0 Proposed Jury Instructions by National Railroad Passenger Corporation. (Bonistalli, John) (Entered: 10/15/2009)
2009-10-15 15 0 Proposed Voir Dire by National Railroad Passenger Corporation. (Bonistalli, John) (Entered: 10/15/2009)
2009-10-15 16 0 Proposed Jury Verdict by National Railroad Passenger Corporation. (Bonistalli, John) (Entered: 10/15/2009)
2009-10-16 17 0 PRETRIAL MEMORANDUM by National Railroad Passenger Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Bonistalli, John) (Entered: 10/16/2009)
2009-10-19 18 0 MOTION to Withdraw ADMISSIONS by Vincent Mercuri. (Attachments: # 1 Exhibit Exhibits A - B, # 2 Exhibit Exhibit C, # 3 Exhibit Exhibits D-E)(Myers, William) (Additional attachment(s) added on 10/21/2009: # 4 Corrected Main Document) (Johnson, Jay). (Additional attachment(s) added on 10/21/2009: # 5 Proposed Order) (Johnson, Jay). (Entered: 10/19/2009)
2009-10-21 19 0 MEMORANDUM in Support re 18 MOTION to Withdraw ADMISSIONS filed by Vincent Mercuri. (Johnson, Jay) (Entered: 10/21/2009)
2009-11-04 20 0 Judge Rya W. Zobel: ORDER entered. PROCEDURAL ORDER re pretrial/trial Jury Trial set for 12/7/2009 09:00 AM in Courtroom 12 before Judge Rya W. Zobel.(Urso, Lisa) (Entered: 11/05/2009)
2009-12-01 21 0 Plaintiff's Witness List by Vincent Mercuri. (Myers, William) (Entered: 12/01/2009)
2009-12-02 22 0 MOTION in Limine Regarding the Objections Raised at the Videotaped Trial Deposition of Michael Kennedy M.D. by Vincent Mercuri. (Attachments: # 1 Text of Proposed Order)(Myers, William) (Entered: 12/02/2009)
2009-12-02 23 0 MOTION in Limine to Prohibit Evidence of Plaintiff's Earlier Settlement by Vincent Mercuri. (Attachments: # 1 Text of Proposed Order)(Myers, William) (Entered: 12/02/2009)
2009-12-03 24 0 Plaintiff's Exhibit List Objected To and Not Objected To by Vincent Mercuri.. (Myers, William) (Entered: 12/03/2009)
2009-12-03 25 0 MOTION in Limine to Exclude the Incomplete MAP 100s by Vincent Mercuri. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Myers, William) (Entered: 12/03/2009)
2009-12-03 26 0 Defendant Amtrak's Witness List by National Railroad Passenger Corporation. (Bonistalli, John) (Entered: 12/03/2009)
2009-12-04 27 0 Objections to the Audion Visual Deposition Testimony of Plaintiff's Expert, Dr Michael Kennedy,M.D. by National Railroad Passenger Corporation. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Errata 6)(Bonistalli, John) Modified on 12/8/2009 (Johnson, Jay). (Entered: 12/04/2009)
2009-12-04 28 0 MOTION in Limine by National Railroad Passenger Corporation.(Bonistalli, John) (Entered: 12/04/2009)
2009-12-04 29 0 MOTION in Limine by National Railroad Passenger Corporation.(Bonistalli, John) (Entered: 12/04/2009)
2009-12-04 30 0 Supplemental Proposed Jury Instructions by all defendants. (Bonistalli, John) (Entered: 12/04/2009)
2009-12-04 31 0 MOTION in Limine by National Railroad Passenger Corporation.(Bonistalli, John) (Entered: 12/04/2009)
2009-12-04 32 0 MOTION in Limine by National Railroad Passenger Corporation.(Bonistalli, John) (Entered: 12/04/2009)
2009-12-04 33 0 Objections to the Audio Visual Deposition Testimony of Plaintiff's Expert, Dr Michael Kennedy, M.D. by National Railroad Passenger Corporation. (Attachments: # 1 Exhibit 5)(Bonistalli, John) Modified on 12/8/2009 (Johnson, Jay).(This pleading seems to be a duplicate of #27) (Entered: 12/04/2009)
2009-12-04 34 0 Opposition re 29 MOTION in Limine TO PREVENT PLAINTIFF'S COUNSEL AND HIS EXPERTS FROM REFERRING TO FORGERY filed by Vincent Mercuri. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Myers, William) (Entered: 12/04/2009)
2009-12-04 35 0 Opposition re 28 MOTION in Limine to Preclude Expert Opinion Offered by Non-Expert Witnesses filed by Vincent Mercuri. (Attachments: # 1 Text of Proposed Order)(Myers, William) (Entered: 12/04/2009)
2009-12-04 36 0 Joint RESPONSE to Motion re 22 MOTION in Limine Regarding the Objections Raised at the Videotaped Trial Deposition of Michael Kennedy M.D. filed by Vincent Mercuri. (Myers, William) (Entered: 12/04/2009)
2009-12-04 37 0 Opposition re 31 MOTION in Limine to Preclude Evidence of Its Accident Investigation Results Into Plaintiff's Injury filed by Vincent Mercuri. (Attachments: # 1 Text of Proposed Order)(Myers, William) (Entered: 12/04/2009)
2009-12-04 38 0 Opposition to Plaintiff's Motion Regarding Earlier Settlement by National Railroad Passenger Corporation.(Bonistalli, John) Modified on 12/8/2009 (Johnson, Jay). (Entered: 12/04/2009)
2009-12-04 39 0 Opposition to Plaintiff's Motion to Exclude the Incomplete MAP 100's by National Railroad Passenger Corporation.(Bonistalli, John) Modified on 12/8/2009 (Johnson, Jay). (Entered: 12/04/2009)
2009-12-04 40 0 MOTION in Limine to Prohibit Sand-Bagged Surveillance Evidence by Vincent Mercuri. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Myers, William) (Entered: 12/04/2009)
2009-12-09 41 0 MOTION for Directed Verdict by Vincent Mercuri. (Attachments: # 1 Text of Proposed Order)(Myers, William) (Entered: 12/09/2009)
2009-12-08 42 0 Exhibit List by National Railroad Passenger Corporation.. (Urso, Lisa) (Entered: 12/11/2009)
2009-12-08 43 0 Response by National Railroad Passenger Corporation to 24 Exhibit List. (Urso, Lisa) (Entered: 12/11/2009)
2009-12-10 44 0 MOTION for Judgment as a Matter of Law by National Railroad Passenger Corporation at the close of plaintiff's evidence.(Urso, Lisa) (Entered: 12/11/2009)
2009-12-10 45 0 MOTION for Judgment as a Matter of Law by National Railroad Passenger Corporation at the close of evidence.(This Document is a Duplicate of #44) (Urso, Lisa) Modified on 12/16/2009 (Johnson, Jay). (Entered: 12/11/2009)
2009-12-11 46 0 JURY VERDICT in favor of plaintiff in the amount of $100,000. (Urso, Lisa) (Entered: 12/11/2009)
2009-12-11 47 0 Judge Rya W. Zobel: ORDER entered. JUDGMENT entered for plaintiff in the amount of $100,000. (Urso, Lisa) (Entered: 12/11/2009)