Hobart Corporation et al v. The Dayton Power and Light Company et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
HOBART CORPORATION, et al.,
Plaintiffs,
v.
DAYTON POWER AND LIGHT
COMPANY, et al.,
Defendants.
Case No. 3:13-cv-115
JUDGE WALTER H. RICE
ORDER 	AND 	ENTRY 	MEMORIALIZING 	THE 	COURT'S 	ORAL 	RULINGS 	ON
PRETRIAL 	MOTIONS; 	DEFENDANT 	CONAGRA 	GROCERY 	PRODUCTS 	CO.'S
("CONAGRA") MOTION FOR LEAVE TO AMEND APPENDIX I OF THE JOINT
FINAL PRETRIAL ORDER, DOC. #1656, IS SUSTAINED; DEFENDANT DAYTON
POWER AND LIGHT'S ("DP&L") MOTION FOR LEAVE TO AMEND APPENDICES
BAND HOF THE JOINT FINAL PRETRIAL ORDER, DOC. #1653, IS SUSTAINED;
PLAINTIFFS 	CROSS-MOTION 	FOR 	LEAVE 	TO 	FILE 	MOTION 	TO 	EXCLUDE
TESTIMONY OF EARL GREGORY AND OPPOSITION TO DEFENDANT DAYTON
POWER AND LIGHT COMPANY'S MOTION FOR LEAVE TO AMEND APPENDICES
BAND HOF THE JOINT FINAL PRETRIAL ORDER, DOC. #1657, IS OVERRULED;
DEFENDANT WASTE MANAGEMENT OF OHIO'S ("WMO") MOTION TO ALLOW
REMOTE VIEWING ACCESS, DOC. #1639, IS SUSTAINED; DP&L'S MOTION TO
GRANT 	REMOTE 	ACCESS 	FOR 	APPEARANCE 	AT 	TRIAL, 	DOC. 	#1640, 	IS
SUSTAINED; 	CONAGRA'S 	WITHDRAWAL 	OF 	ITS 	MOTION 	IN 	LIMINE 	TO
EXCLUDE TESTIMONY OF DR. PHILLIP HAYDEN, DOC. #1580, WITHDRAWN BY
DOC. #1632, IS RECOGNIZED; DEFENDANT SHERWIN WILLIAMS COMPANY'S
("SHERWIN WILLIAMS") MOTION IN LIMINE TO EXCLUDE EXPERT OPINIONS
OF 	JEFFREY 	DAGDIGIAN, 	PH.D., 	DOC. 	#1478, 	IS 	OVERRULED 	AS 	MOOT;
SHERWIN WILLIAMS' MOTION FOR SUMMARY JUDGMENT, DOC. #1529, IS
OVERRULED 	AS 	MOOT; 	PLAINTIFFS' 	DAUBERT 	MOTION 	TO 	EXCLUDE
TESTIMONY OF ROBERT RAUSCHENBERGER, DOC. #1477, IS OVERRULED
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This case came before the Court for a final pretrial conference on April 8,
2026. During the hearing, the Court ruled on several pending motions which will
now be memorialized in this Order.
Defendant ConAgra Grocery Products Co.'s ("ConAgra") Motion for Leave to
Amend Appendix I of the Joint Final Pretrial Order, Doc. #1656, is SUSTAINED.
Defendant Dayton Power and Light's ("DP&L") Motion for Leave to Amend
Appendices Band Hof the Joint Final Pretrial Order, Doc. #1653, is SUSTAINED.
Plaintiffs Cross-Motion for Leave to File Motion to Exclude Testimony of Earl
Gregory, Doc. #1657, is OVERRULED AS MOOT, given that, while no motion to
exclude was filed, the same was orally argued and overruled.
Defendant Waste Management of Ohio's ("WMO") Motion to Allow Remote
Viewing Access, Doc. #1639, is SUSTAINED. Likewise, DP&L's Motion to Grant
Remote Access for Appearance at Trial, Doc. #1640, is SUSTAINED. The Court will
permit all parties' experts who reside outside of the Southern District of Ohio to
remotely view the expert testimony to which they are tasked with 	responding.
However, the Court will ask the parties to make a record when their experts are
viewing the testimony remotely. Additionally, all remote viewers must have their
video off and their audio muted and will not be permitted to interact with the trial.
The Court will also permit the parties' corporate representatives to make use of this
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same remote viewing tool with the same parameters, including the creation of a
record as to who is viewing the proceedings.
All parties are reminded that the use of remote viewing is to be permitted
only under these narrow parameters. No party should record or disseminate any
portion of the trial. Such an action may constitute contempt of court.
After filing their Motion in Li mine to Exclude Testimony of Dr. Phillip Hayden,
Doc. #1580, ConAgra filed a notice that it was withdrawing the motion. Doc. #1632.
The Court hereby takes notice of this withdrawal and terminates the motion.
Defendant Sherwin-Williams Company ("Sherwin Williams") has reached a
settlement agreement with Plaintiffs, which has previously been recognized by the
Court. Pursuant to this agreement, two motions filed by Sherwin Williams are
affected. Sherwin Williams' Motion in Li mine to Exclude Expert Opinions of Jeffrey
Dagdigian, 	Ph.D., 	Doc. 	#1478, 	is 	OVERRULED 	AS 	MOOT. 	Likewise, 	Sherwin
Williams' Motion for Summary Judgment, Doc. #1529, is OVERRULED AS MOOT.
Finally, in determining whether Plaintiffs' Daubert motion relating to Dr.
Rauschenberger was mooted by Sherwin Williams' settlement, the Court ordered
additional 	briefing. Having considered the arguments raised by Plaintiffs, Doc.
#1648, as well as by ConAgra and WMO, Doc. #1638, the Court will permit ConAgra
and WMO to adopt the opposition brief filed by Sherwin Williams and oppose
Plaintiff's motion to exclude Dr. 	Rauschenberger. The Court further finds that
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9 April 2026
Plaintiffs have not met their burden to succeed in their Daubert motion and thus the
same, Doc. #1477, is OVERRULED
for
the reasons that the testimony complies with
Fed.
R.
Evid. 702 and meets the Daubert criteria and such testimony, not directed at
a specific witness, has been allowed by Sixth Circuit Authority. Daubert
v.
Merrell
Dow
Pharm., Inc., 509 U.S. 579 (1993); United States
v.
Smithers, 212 F.3d 306,316
(6th Cir. 2000).
Date: •
WALTER
H.
RICE
UNITED STATES DISTRICT JUDGE
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