IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

MARY OSHANA, )

)

Plaintiff, )

)

v. ) No. 20 CV 2041

)

AER LINGUS LIMITED, ) Judge Rebecca R. Pallmeyer

a foreign corporation, )

) Magistrate Judge M. David Weisman

Defendant. )

FINAL PRETRIAL ORDER

This matter having come before the Court at a pretrial conference held pursuant to Fed. 

R. Civ. P. (“Rule”) 16, and John F. Hedrich, 221 North LaSalle Street, Suite 1500, Chicago, 

Illinois 60601 (T) 312-726-4058 having appeared as counsel for the plaintiff and John Maggio, 7 

Times Square, 18th Floor, New York, New York 10036 (T) 212-894-6792 and Susan Valentine, 

105 West Adams Street, 35th Floor, Chicago, Illinois 60603 (T) 312-238-9062 having appeared 

as counsel for the defendant, the following actions were taken: 

1. This is an action for personal injury, and the jurisdiction of the Court is invoked 

under 28 U.S.C. sec. 1331 because it arises under the Convention for the Unification of Certain 

Rules for International Carriage by Air, May 28, 1999, reprinted in S. Treaty Doc. No. 106-45, 

commonly known as the Montreal Convention, and the rights of the parties are governed by the 

provisions of the Montreal Convention. Jurisdiction is not disputed. 

2. The following stipulations and statements were submitted and are attached to and 

made a part of this Order: 

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a. A comprehensive stipulation of all uncontested facts, which will become 

part of the evidentiary record, is attached as Schedule A.

b. A short agreed description of the case to be read to prospective jurors is 

attached as Schedule B.

c. Schedules of all exhibits, except for rebuttal exhibits, are attached as 

Schedule C1 (all exhibits including documents, summaries, charts and other items expected to be 

offered into evidence) and Schedule C2 (all demonstrative evidence and experiments to be 

offered during trial).

d. A list of the names and addresses of the potential witnesses, along with 

objections to the witnesses being called and objections to the qualifications of the witnesses, is 

attached as Schedule D.

e. One expert witness has been identified, treating psychologist Barbara 

Searle, Ph.D. Dr. Searle refused to provide a list of her qualifications, so no stipulation 

regarding those qualifications is attached. Defendant objects to Dr. Searle being allowed to 

testify.

f. A list of all depositions, including designated pages and line numbers, to 

be read into evidence, and objections thereto, is attached as Schedule F.

g. An itemized statement of damages is attached as Schedule G.

h. i. The parties’ trial briefs are attached as Schedule H1.

ii. The proposed jury instructions (marked), verdict forms, and special 

interrogatories are attached as Schedule H2.

iii. A list of questions the parties request the Court to ask prospective 

jurors in accordance with Fed. R. Civ. P. 47(a) is attached as Schedule H3.

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i. Each party has completed discovery.

j. A brief summary of intended motions in limine is attached as Schedule J.

2.1 The following optional stipulations and statements were submitted and are 

attached to and made a part of this Order:

k. An agreed statement of the contested issues of fact and law and a 

statement of contested issues of fact or law not agreed to is attached as Schedule K.

l. Waivers of any claims or defenses that have been abandoned by a party –

None.

3. Trial of this case is expected to take 3-4 days. It will be listed on the trial 

calendar, to be tried when reached.

4. The type of trial will be: Jury __X__ Non-jury _____

5. The parties recommend that _12_ jurors be selected at the commencement of the 

trial.

6. The parties do not agree that the issues of liability and damages be bifurcated for 

trial.

7. The parties: Consent _____ Do Not Consent _X__ to this case being reassigned 

to a magistrate judge for trial.

8. This Order will control the course of the trial and may not be amended except by 

consent of the parties and the Court, or by order of the Court to prevent manifest injustice.

9. The possibility of settlement of this case was considered by the parties.

_______________________ ______________________________

Date United States District Judge 

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For Plaintiff For Defendant

LAW OFFICES OF JOHN F. HEDRICH CONDON & FORSYTH LLP

By: /s/ John F. Hedrich____________ By: /s/ John Maggio_________

 John F. Hedrich John Maggio

ARDC No. 6211019 No. 2797645

LAW OFFICES OF JOHN F. HEDRICH CONDON & FORSYTH LLP

221 North LaSalle Street, Suite 1500 7 Times Square 

Chicago, Illinois 60601 New York, New York 10036

(T) 312-726-4058 (T) 212-894-6792

E-mail: jfhedrich@hedrichlaw.net E-mail: jmaggio@condonlaw.com

VALENTINE AUSTRIACO et al.

By: /s/ Susan Valentine________

 Susan Valentine

ARDC No. 6196269

VALENTINE AUSTRIACO et al.

105 West Adams Street, 35th Floor

Chicago, Illinois 60603

(T) 312-238-9062

E-mail: svalentine@VABlawfirm.com

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