Manley et al v. Ford Motor Company et al
| DEBORAH MANLEY and KENNY DOBSON |
| FORD MOTOR COMPANY, COOPER TIRE AND RUBBER COMPANY and RSP Corporation doing business as National Brake and Muffler |
| 7:2014cv00074 |
| May 15, 2014 |
| US District Court for the Middle District of Georgia |
| Valdosta Office |
| XX US, Outside State |
| HUGH LAWSON |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 51 STIPULATION of Dismissal by FORD MOTOR COMPANY (TERRY, DAVID) |
| REMARK: Attorney Sandra Ezell admitted pro hac vice on behalf of Ford Motor Company. (nop) |
| Filing 50 AFFIDAVIT of R. Thomas Warburton by COOPER TIRE AND RUBBER COMPANY (JONES, CHARLES) |
Filing 49
ORDER denying #46 Motion to Dismiss Party; granting #48 Motion to Dismiss Party. Ordered by U.S. District Judge HUGH LAWSON on 9/10/2014. (nbp)
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| Filing 48 MOTION to Dismiss Party COOPER TIRE AND RUBBER COMPANY by COOPER TIRE AND RUBBER COMPANY filed by CHARLES D JONES.(JONES, CHARLES) |
| Filing 47 RESPONSE filed by COOPER TIRE AND RUBBER COMPANY re #46 MOTION to Dismiss Party COOPER TIRE AND RUBBER COMPANY (JONES, CHARLES) |
| Filing 46 MOTION to Dismiss Party COOPER TIRE AND RUBBER COMPANY by DEBORAH MANLEY filed by C TAB TURNER.(TURNER, C) |
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Filing 45
ORDER granting #44 Motion for Discovery. Ordered by U.S. District Judge HUGH LAWSON on 7/18/2014. (nbp)
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| Text Only Minute Entry for proceedings held before U.S. District Judge HUGH LAWSON = Telephone Conference held on 7/18/2014 in Macon re: Pltf's Motion to Submit More Than 10 Requests for Production to Deft Ford Motor Company. Deft objects on the grounds that additional requests would give the Pltf an opportunity to narrow and clarify their defect theory. The Court notes the additional requests are all pertinent questions and grants the motion. The parties are ordered to proceed with discovery and to call the Court if any problems arise. Order forthcoming. (11:00-11:10) (Court Reporter: Tammy Fletcher.) (nop) |
| NOTICE OF SETTING Telephone Conference for 7/18/2014 @ 11:00 AM in Macon before U.S. District Judge HUGH LAWSON re: Pltf's Motion to Submit More Than Ten Requests For Production. AT&T Teleconferencing instructions have been emailed to all counsel.(nop) |
| Filing 44 MOTION for Permission to Submit More than Ten (10) Requests for Production to Defendant Ford by DEBORAH MANLEY filed by C TAB TURNER. (Attachments: #1 Exhibit Addendum 1 to Motion)(TURNER, C) Modified text on 7/18/2014 (sbd). |
| Filing 43 TRANSCRIPT of Proceedings held on 5-27-14, before Judge Hugh Lawson. Court Reporter/Transcriber Tammy W. Fletcher. Volume Number: 1 of 1 Status Conference. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. Fletcher) |
| Filing 42 ***Arbitration Opt Out Letter by Defendant (JONES, CHARLES) |
| Filing 41 ***Arbitration Opt Out Letter by Defendant (TERRY, DAVID) |
| REMARK: Attorney John Isaac Southerland admitted pro hac vice on behalf of Ford Motor Company. (nop) |
| Filing 40 NOTICE of Attorney Appearance by JERRY M WHITE on behalf of DEBORAH MANLEY (WHITE, JERRY) |
| REMARK: Attorney Jerry M White admitted pro hac vice on behalf of Deborah Manley. (nop) |
| Filing 39 NOTICE of Attorney Appearance by C TAB TURNER on behalf of DEBORAH MANLEY (TURNER, C) |
| Filing 38 Letter regarding scheduling/discovery deadlines re #37 Scheduling/Discovery Order. Hard copy mailed this date to counsel. (nbp) |
| Filing 37 SCHEDULING/DISCOVERY ORDER: Ordered by U.S. District Judge HUGH LAWSON on 6/5/2014. (nbp) |
| Text Only Minute Entry for proceedings held before U.S. District Judge HUGH LAWSON = Telephone Conference held on 6/4/2014 in Macon re: Joint Discovery Report. Discussion re: the timing of disclosing expert witnesses and other similar evidence. Pltf's experts will be disclosed by 2/9/2015 and Deft's experts by 3/6/2015. Pltf has until 7/3/2014 to determine how the investigating officer handled the tire in question. The Court will rule on any similar evidence when it comes to fruition. Joint Discovery Report will now be filed. (10:00-10:13) (Court Reporter: Sally Gray.) (nop) |
| Filing 36 16/26 Discovery Report filed by FORD MOTOR COMPANY. Related document: #32 Order - Rules 16/26.(TERRY, DAVID) |
| NOTICE OF SETTING Telephone Conference for 6/4/2014 @ 11:00 AM in Macon before U.S. District Judge HUGH LAWSON. (nop) |
| Filing 35 16/26 Discovery Report filed by COOPER TIRE AND RUBBER COMPANY, FORD MOTOR COMPANY. Related document: #32 Order - Rules 16/26.(TERRY, DAVID) |
| Filing 34 Arbitration Referral Letter sent 6/2/2014 (hrm) |
| Filing 33 Minute Entry for proceedings held before U.S. District Judge HUGH LAWSON = Status Conference held on 5/27/2014 in Macon. (Court Reporter: Tammy Fletcher.) (nop) |
| Filing 32 RULES 16/26 ORDER: (Attachments: #1 Required Form Scheduling/Discovery Report)(nbp) |
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Filing 31
ORDER Setting Status Conference. Hearing set for 5/27/2014 10:00 AM in Macon before U.S. District Judge HUGH LAWSON. Ordered by U.S. District Judge HUGH LAWSON on 5/20/2014. (nbp)
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| NOTICE OF SETTING Status Conference for 5/27/2014 @ 10:00 AM in Macon before U.S. District Judge HUGH LAWSON. (nop) |
| REMARK: Attorney C Tab Turner admitted pro hac vice on behalf of Deborah Manley. (nop) |
| Filing 30 Consent Form (28 USC 636(c)(1)) sent to KENNY DOBSON, DEBORAH MANLEY (rlw) |
| Filing 29 Case transferred in District Transfer from District of Georgia Northern; Case Number 3:13-cv-00183. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.** |
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Filing 28
ORDER DIRECTING Clerk to TRANSFER action to USDC Middle District of Georgia, Valdosta Division. Signed by Judge Timothy C. Batten, Sr on 5/15/14. (jlm) [Transferred from gand on 5/15/2014.]
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| Case electronically transferred to USDC, Middle District of Georgia, Valdosta Division. (jlm) [Transferred from gand on 5/15/2014.] |
| Filing 27 Plaintiff's RESPONSE to Court's #26 Order to Show Cause Regarding Issue of Transfer of Venue filed by Deborah Manley. (Evans, Larry) Modified on 5/14/2014 (jlm). [Transferred from gand on 5/15/2014.] |
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Filing 26
ORDER: Defendant National Brake has been fraudulently joined. The Clerk is directed to DROP National Brake as a party to this action. Accordingly, Plaintiffs' motion to remand to state court #15 is DENIED. National Brake's motions to dismiss #8 and to remand to state court #13 are DENIED AS MOOT. Additionally, the parties are ORDERED TO SHOW CAUSE IN WRITING, on or before May 15, 2014, why this case should not be transferred to the appropriate division of the Southern District of Georgia. Signed by Judge Timothy C. Batten, Sr on 5/1/14. (rsh) [Transferred from gand on 5/15/2014.]
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| Filing 25 CERTIFICATE OF SERVICE of Discovery Material by Cooper Tire and Rubber Company.(Jones, Charles) [Transferred from gand on 5/15/2014.] |
| Filing 24 CERTIFICATE OF SERVICE of Discovery Materials by Ford Motor Company.(Terry, David) [Transferred from gand on 5/15/2014.] |
| Filing 23 CERTIFICATE OF SERVICE of Discovery Materials by Ford Motor Company.(Terry, David) [Transferred from gand on 5/15/2014.] |
| Filing 22 CERTIFICATE OF SERVICE of Discovery Materials by Ford Motor Company.(Terry, David) [Transferred from gand on 5/15/2014.] |
| Submission of #15 MOTION to Remand to State Court , #13 MOTION to Remand to State Court , #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to District Judge Timothy C. Batten. (hfm) [Transferred from gand on 5/15/2014.] |
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Filing 21
SCHEDULING ORDER: approving #20 Joint Preliminary Report and Discovery Plan. Signed by Judge Timothy C. Batten, Sr on 12/16/13. (rsh) [Transferred from gand on 5/15/2014.]
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| Filing 20 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Cooper Tire and Rubber Company, Chandler Dobson-Manley, Ford Motor Company, Brian Manley, Deborah Manley, RSP Corporation. (Terry, David) [Transferred from gand on 5/15/2014.] |
| Filing 19 RESPONSE re #15 MOTION to Remand to State Court filed by Ford Motor Company. (Terry, David) [Transferred from gand on 5/15/2014.] |
| Filing 18 CERTIFICATE OF SERVICE of Discovery Materials by Ford Motor Company.(Terry, David) [Transferred from gand on 5/15/2014.] |
| Filing 17 CERTIFICATE OF SERVICE of Discovery Materials by Ford Motor Company.(Terry, David) [Transferred from gand on 5/15/2014.] |
| Filing 16 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chandler Dobson-Manley, Brian Manley, Deborah Manley. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Kennett Affidavit)(Evans, Larry)[Transferred from gand on 5/15/2014.] |
| Filing 15 MOTION to Remand to State Court by Chandler Dobson-Manley, Brian Manley, Deborah Manley. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavit of Accident Reconstructionist Kelly Kennett, #3 Exhibit C - national Brake and Mullfer's Motion To Remand)(Evans, Larry) [Transferred from gand on 5/15/2014.] |
| Clerks Notation re #11 Corporate Disclosure Statement, #12 Certificate of Interested Persons reviewed by TCB. (jgs) [Transferred from gand on 5/15/2014.] |
| Filing 14 BRIEF IN SUPPORT OF #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RSP Corporation. (Dunaway, David) Modified on 11/12/2013, as this is not a response (rsh). [Transferred from gand on 5/15/2014.] |
| Filing 13 MOTION to Remand to State Court with Brief In Support by RSP Corporation. (Dunaway, David) [Transferred from gand on 5/15/2014.] |
| Filing 12 Certificate of Interested Persons by RSP Corporation. (Dunaway, David) [Transferred from gand on 5/15/2014.] |
| Filing 11 Corporate Disclosure Statement by Ford Motor Company by Ford Motor Company.(Terry, David) [Transferred from gand on 5/15/2014.] |
| Clerks Notation re #10 Corporate Disclosure Statement reviewed by TCB. (jgs) [Transferred from gand on 5/15/2014.] |
| Filing 10 Corporate Disclosure Statement by Ford Motor Company by Ford Motor Company.(Terry, David) [Transferred from gand on 5/15/2014.] |
| Filing 9 ANSWER to #1 NOTICE OF REMOVAL by Ford Motor Company.(Terry, David) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from gand on 5/15/2014.] |
| Clerks Notation re #3 Certificate of Interested Persons reviewed by TCB. (jgs) [Transferred from gand on 5/15/2014.] |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and ANSWER by RSP Corporation. (Filed in State Court of Spalding County, Georgia on 10/16/13) (Included in Doc #6 ) (jlm) [Transferred from gand on 5/15/2014.] |
| Filing 7 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 10/31/13. (rsh) [Transferred from gand on 5/15/2014.] |
| Filing 6 EXHIBITS to #1 Notice of Removal by Cooper Tire and Rubber Company (Jones, Charles) Modified on 10/31/2013 (jlm). [Transferred from gand on 5/15/2014.] |
| Filing 5 NOTICE of Appearance by R. Thomas Warburton on behalf of Cooper Tire and Rubber Company (Jones, Charles) Modified on 10/31/2013 (jlm). [Transferred from gand on 5/15/2014.] |
| Filing 4 NOTICE of Appearance by Charles D. Jones on behalf of Cooper Tire and Rubber Company (Jones, Charles) [Transferred from gand on 5/15/2014.] |
| Filing 3 Certificate of Interested Persons by Cooper Tire and Rubber Company. (Jones, Charles) [Transferred from gand on 5/15/2014.] |
| Filing 2 Answer to Plaintiff's Original Complaint ANSWER to #1 NOTICE OF REMOVAL by Cooper Tire and Rubber Company. Discovery ends on 3/31/2014.(Jones, Charles) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from gand on 5/15/2014.] |
| Filing 1 NOTICE OF REMOVAL filed by Cooper Tire and Rubber Company. (Filing fee $ 400 receipt number 113E-4865211) (Attachments: #1 Exh A - State Court Complaint and Service Docs, #2 Exh B, #3 Exh C - Affidavit Shane Copeland, #4 Exh D - Consent to Removal - Ford Motor Company, #5 Civil Cover Sheet)(rsh) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 5/15/2014.] |
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