Mildemont, Inc. v. Ford Motor Company
Plaintiff: Mildemont, Inc. doing business as Big Brake of MS
Defendant: Ford Motor Company
Case Number: 1:2015cv00204
Filed: July 1, 2015
Court: US District Court for the Southern District of Mississippi
Office: Southern Office
County: Harrison
Presiding Judge: John C Gargiulo
Referring Judge: Halil S Ozerden
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 13, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 13, 2017 Opinion or Order Filing 64 FINAL JUDGMENT: Ordered that this civil action is dismissed with prejudice. Signed by District Judge Halil S. Ozerden on 1/13/17. (RLW)
January 13, 2017 Opinion or Order Filing 63 MEMORANDUM OPINION AND ORDER granting #49 Motion for Summary Judgment; granting #51 Motion for Summary Judgment on Punitive Damages. Plaintiff's claims against Defendant are dismissed with prejudice. Signed by District Judge Halil S. Ozerden on 1/13/17. (RLW)
January 10, 2017 Opinion or Order Filing 62 RESPONSE in Opposition re #59 MOTION in Limine (Consolidated) filed by Mildemont, Inc. (Blackledge, Joel)
January 10, 2017 Opinion or Order Filing 61 NOTICE of Appearance by Andrew Charles Burrell on behalf of Mildemont, Inc. (Burrell, Andrew)
January 9, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 1/9/2017 regarding status of case, pending motions, and any interest in scheduling of a settlement conference. The parties position of August 12, 2016 remains unchanged, and Defense counsel advises that he does not have any settlement authority. Attorney Andrew Burrell was advised that participation in this litigation requires a formal entry of appearance by close of business today. Participants: Joel L. Blackledge and Andrew Burell (counsel for Plaintiff); Robert F. Walker and Scott A. Richman - PHV (counsel for Defendant). (AB)
January 5, 2017 Opinion or Order NOTICE of Hearing: TELEPHONIC Status Conference set for 1/9/2017 at 9:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB)
January 4, 2017 Opinion or Order Filing 60 Memorandum Opinion and Order Granting Defendant Ford Motor Company's Motion to Exclude Plaintiff's Experts #47 . Signed by District Judge Halil S. Ozerden on January 4, 2017. (BGL)
January 3, 2017 Opinion or Order Filing 59 MOTION in Limine (Consolidated) by Ford Motor Company (Attachments: #1 Exhibit A - 6/14/16 cover letter)(Kidd, Dean)
December 19, 2016 Opinion or Order Filing 58 ORDER SETTING PRETRIAL CONFERENCE. Signed by District Judge Halil S. Ozerden on 12/19/2016. (ALS)
December 19, 2016 Opinion or Order Set Hearing: Pretrial Conference set for 1/17/2017 at 10:30 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. (ALS)
August 22, 2016 Opinion or Order Filing 57 Rebuttal re #49 MOTION for Summary Judgment filed by Ford Motor Company (Kidd, Dean)
August 12, 2016 Opinion or Order NOTICE of CANCELLED Calendar Setting: Defense counsel advised that it did not have settlement authority and that a settlement conference would not be productive until the Court rules on the pending Motions for Summary Judgment. Therefore, the Court will cancel the settlement conference set for 8/16/2016 before Magistrate Judge John C. Gargiulo. (AB)
August 4, 2016 Opinion or Order TEXT ONLY ORDER granting as unopposed Defendant Ford Motor Company's Motion for Extension of Time for Ford's Rebuttal Deadline #56 in support of its Motion for Summary Judgment #49 . Defendant's reply/rebuttal is due on or before August 22, 2016. NO FURTHER WRITTEN ORDER SHALL ISSUE REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on August 4, 2016. (BGL)
August 4, 2016 Opinion or Order DOCKET ANNOTATION as to #56: This entry should have been linked to the document the extension request is in referenced to. Attorney is not required to refile. (RLW)
August 3, 2016 Opinion or Order Filing 56 Unopposed MOTION for Extension of Time to File Response/Reply by Ford Motor Company (Kidd, Dean)
August 1, 2016 Opinion or Order DOCKET ANNOTATION as to #54: When attaching exhibits to the main document and you select Exhibit from the category box, please do not type in the word Exhibit or Ex in the description box. (RLW)
July 29, 2016 Opinion or Order Filing 55 MEMORANDUM in Opposition re #49 MOTION for Summary Judgment filed by Mildemont, Inc. (Blackledge, Joel)
July 29, 2016 Opinion or Order Filing 54 RESPONSE in Opposition re #49 MOTION for Summary Judgment filed by Mildemont, Inc. (Attachments: #1 Exhibit Ex. 1 - Complaint, #2 Exhibit Ex. 2 - Answer, #3 Exhibit Ex. 3 - Defendant's responses to Plaintiff's Discovery Requests, #4 Exhibit Ex. 4 - March 5, 2013 Subrogation Agreement, #5 Exhibit Ex. 5 - EA05-005, Engineering Analysis Closing Report, #6 Exhibit Ex. 6 - 30(b)(6) Deposition of Mildemont, Inc, #7 Exhibit Ex. 7 - Deposition of Ford Motor Companys Expert, Mark Hoffman, #8 Exhibit Ex. 8 - Ford Motor Companys Settlement Agreement with Continental Casualty Company)(Blackledge, Joel)
July 8, 2016 Opinion or Order TEXT ONLY ORDER granting as unopposed Plaintiff's #53 Motion for Enlargement of Time to File Responses to Defendant's #47 Motion to Exclude and #49 , #51 Motions for Summary Judgment. Plaintiff's Responses are now due on or before July 29, 2016. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on July 8, 2016. (ENW)
July 7, 2016 Opinion or Order Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply as to #49 MOTION for Summary Judgment , #47 MOTION to Exclude Plaintiff's Experts for Failure to Provide Expert Reports, #51 MOTION for Summary Judgment on Plaintiff's Punitive Damages Claim by Mildemont, Inc. (Blackledge, Joel)
July 1, 2016 Opinion or Order Filing 52 MEMORANDUM in Support re #51 MOTION for Summary Judgment on Plaintiff's Punitive Damages Claim filed by Ford Motor Company (Kidd, Dean)
July 1, 2016 Opinion or Order Filing 51 MOTION for Summary Judgment on Plaintiff's Punitive Damages Claim by Ford Motor Company (Attachments: #1 Exhibit A-Excerpts of Vehicle History, #2 Exhibit B-Plaintiff's Interrogatory Response No. 13)(Kidd, Dean)
July 1, 2016 Opinion or Order Filing 50 MEMORANDUM in Support re #49 MOTION for Summary Judgment filed by Ford Motor Company (Kidd, Dean)
July 1, 2016 Opinion or Order Filing 49 MOTION for Summary Judgment by Ford Motor Company (Attachments: #1 Exhibit A-CPH, #2 Exhibit B-Mildemont Deposition Excerpts, #3 Exhibit C-Warren Dietz Report, #4 Exhibit D-Mark Hoffman Report, #5 Exhibit E-Subrogation Agreement, #6 Exhibit F-Continental Release and Confidential Settlement Agreement)(Kidd, Dean)
July 1, 2016 Opinion or Order Filing 48 MEMORANDUM in Support re #47 MOTION to Exclude Plaintiff's Experts for Failure to Provide Expert Reports filed by Ford Motor Company (Kidd, Dean)
July 1, 2016 Opinion or Order Filing 47 MOTION to Exclude Plaintiff's Experts for Failure to Provide Expert Reports by Ford Motor Company (Kidd, Dean)
June 15, 2016 Opinion or Order Filing 46 NOTICE to Take Deposition of Mark Hoffman by Mildemont, Inc. (Blackledge, Joel)
June 14, 2016 Opinion or Order Filing 45 STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER; granting #44 Unopposed Motion for Protective Order. Signed by Magistrate Judge John C. Gargiulo on 6/14/2016. (MG)
June 13, 2016 Opinion or Order DOCKET ANNOTATION as to #44: Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (RLW)
June 10, 2016 Opinion or Order Filing 44 Unopposed MOTION for Protective Order by Ford Motor Company (Attachments: #1 Exhibit A - Stipulated Sharing and Non-Sharing Protective Order)(Kidd, Dean)
May 9, 2016 Opinion or Order Filing 43 NOTICE of Service of Designation of Experts by Ford Motor Company (Walker, Robert)
May 4, 2016 Opinion or Order Filing 42 NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM by Ford Motor Company (Attachments: #1 Exhibit A-Subpoena Duces Tecum to Alabama Department of Revenue)(Kidd, Dean)
April 29, 2016 Opinion or Order Filing 41 NOTICE to Take Deposition of Mildemont. Inc. d//b/a Big Brake of MS by Ford Motor Company (Kidd, Dean)
April 6, 2016 Opinion or Order Filing 40 NOTICE to Take Deposition of Mildemont, Inc. d/b/a Big Brake of MS by Ford Motor Company (Kidd, D.)
March 31, 2016 Opinion or Order Filing 39 NOTICE of Service of Designation of Experts by Mildemont, Inc. (Blackledge, Joel)
March 7, 2016 Opinion or Order TEXT ONLY ORDER granting #38 Joint Motion to Extend Deadlines. The requested relief necessitates a continuance of the trial date. An Amended Case Management Order will be entered by separate docket entry to follow. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/7/2016. (TSB)
March 7, 2016 Opinion or Order TEXT ONLY AMENDED CASE MANAGEMENT ORDER: Designate Experts Plaintiff Deadline due by 3/31/2016. Designate Experts for Defendant Deadline due by 5/9/2016. Discovery due by 6/17/2016. Motions due by 7/1/2016. Settlement Conference set for 8/16/2016 at 9:30 AM before Magistrate Judge John C. Gargiulo. Pretrial Conference set for 1/17-19/2017 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden Jury Trial set for a three week trial calendar beginning on 2/6/2017 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Proposed Pretrial Order due by 1/17/2017. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 3/7/2016 (AB)
March 4, 2016 Opinion or Order Filing 38 Joint MOTION to Extend Deadline by Ford Motor Company (Kidd, D.)
February 22, 2016 Opinion or Order Filing 37 NOTICE to Take Deposition of Mildemont, Inc. d/b/a Big Brake of MS 30(b)(6) by Ford Motor Company (Kidd, D.)
February 22, 2016 Opinion or Order Filing 36 NOTICE to Take Deposition of Terry Strickland by Ford Motor Company (Kidd, D.)
February 18, 2016 Opinion or Order Pro Hac Vice fee paid by Scott A. Richman $100.00, receipt number 14643007765 (RLW)
February 17, 2016 Opinion or Order TEXT ONLY ORDER granting #31 Motion to Appear Pro Hac Vice of Scott Richman. That Scott Richman be admitted pro hac vice in this case on behalf of Defendant Ford Motor Company in association with local counsel upon payment of the pro hac admission fee and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 2/17/2016 (AB)
February 17, 2016 Opinion or Order DOCKET ANNOTATION as to #32 thru #35: Subpoena and exhibit are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (RLW)
February 16, 2016 Opinion or Order Filing 35 Subpoena Returned Executed as to Strickland Motors. (Kidd, D.)
February 16, 2016 Opinion or Order Filing 34 Subpoena Returned Executed as to Courtesy Motors. (Kidd, D.)
February 16, 2016 Opinion or Order Filing 33 Subpoena Returned Executed as to Scott County Tire. (Kidd, D.)
February 16, 2016 Opinion or Order Filing 32 Subpoena Returned Executed as to Gulfport Police Department. (Kidd, D.)
February 16, 2016 Opinion or Order DOCKET ANNOTATION as to #31: Motion for PHV and exhibit are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (RLW)
February 12, 2016 Opinion or Order Filing 31 MOTION for Scott Richman to Appear Pro Hac Vice by Ford Motor Company (Kidd, D.)
February 9, 2016 Opinion or Order Filing 30 NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM by Ford Motor Company (Attachments: #1 Exhibit A-Subpoena DucesTecum to Strickland Motors)(Kidd, D.)
February 5, 2016 Opinion or Order Filing 29 NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM by Ford Motor Company (Attachments: #1 Exhibit A-Subpoena Duces Tecum to Courtesy Motors)(Kidd, D.)
February 5, 2016 Opinion or Order Filing 28 NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM by Ford Motor Company (Attachments: #1 Exhibit A-Subpoena Duces Tecum to Scott County Tires)(Kidd, D.)
February 5, 2016 Opinion or Order Filing 27 NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM by Ford Motor Company (Attachments: #1 Exhibit A-Subpoena Duces Tecum to Mercedes-Benz of Mobile)(Kidd, D.)
February 5, 2016 Opinion or Order DOCKET ANNOTATION as to #24 thru #26: This document is not signed in compliance with the court's Administrative Procedures for Electronic Case Filing Sec. 3.D.1. which pertains to both civil and criminal pleadings. In the future, attorney will be required to refile. (RLW)
February 4, 2016 Opinion or Order Filing 26 NOTICE of Service of Response to Interrogatories by Ford Motor Company (Kidd, D.)
February 4, 2016 Opinion or Order Filing 25 NOTICE of Service of Response to Request for Production by Ford Motor Company (Kidd, D.)
February 4, 2016 Opinion or Order Filing 24 NOTICE of Service of Response to Request for Admissions by Ford Motor Company (Kidd, D.)
January 19, 2016 Opinion or Order Filing 23 NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM by Ford Motor Company (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Gulfport Police Department)(Kidd, D.)
December 28, 2015 Opinion or Order TEXT ONLY AMENDED CASE MANAGEMENT ORDER: Designate Experts Plaintiff Deadline due by 3/8/2016. Designate Experts for Defendant Deadline due by 4/8/2016. Discovery due by 5/9/2016. Motions due by 5/23/2016. All remaining deadlines set forth in the Court's original Case Management Order #10 shall remain in effect. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 12/28/2015 (AB)
December 28, 2015 Opinion or Order TEXT ONLY ORDER granting in part and denying in part Plaintiff's #22 Motion to Stay Proceedings. The Court declines to grant a stay of proceedings and will instead enter an Amended Case Management Order. This order, extending certain deadlines set forth in the original Case Management Order #10 , will be entered by separate docket entry to follow. NO FURTHER WRITTEN ORDER WILL ISSUE.Signed by Magistrate Judge John C. Gargiulo on 12/28/2015. (TSB)
December 23, 2015 Opinion or Order Filing 22 Unopposed MOTION to Stay Proceedings by Mildemont, Inc. (Blackledge, Joel)
December 3, 2015 Opinion or Order Filing 21 NOTICE of Service of Request for Production by Mildemont, Inc. (Blackledge, Joel)
December 3, 2015 Opinion or Order Filing 20 NOTICE of Service of Interrogatories by Mildemont, Inc. (Blackledge, Joel)
December 3, 2015 Opinion or Order Filing 19 NOTICE of Service of Request for Admissions by Mildemont, Inc. (Blackledge, Joel)
December 3, 2015 Opinion or Order Filing 18 NOTICE of Service of Response to Request for Production by Mildemont, Inc. (Blackledge, Joel)
December 3, 2015 Opinion or Order Filing 17 NOTICE of Service of Response to Interrogatories by Mildemont, Inc. (Blackledge, Joel)
November 24, 2015 Opinion or Order Set/Reset Scheduling Order Deadlines/Hearings: Plaintiff's Expert Designation Deadline reset to 1/5/2016. Defendant's Expert Designation Deadline reset to 2/15/2016. (TSB)
November 24, 2015 Opinion or Order TEXT ONLY ORDER granting #16 Joint Motion to Extend Expert Designation Deadlines. Plaintiff's deadline for designating experts is now 1/5/2016. Defendant's deadline for designating experts is now 2/15/2016. All remaining deadlines set forth in the original Case Management Order #10 remain in effect. NO FURTHER WRITTEN ORDER WILL ISSUE.Signed by Magistrate Judge John C. Gargiulo on 11/24/2015. (TSB)
November 23, 2015 Opinion or Order Filing 16 Joint MOTION to Extend EXPERT DEADLINES Deadline by Ford Motor Company (Kidd, D.)
October 28, 2015 Opinion or Order Filing 15 NOTICE of Service of Response to Request for Admissions by Mildemont, Inc. (Blackledge, Joel)
September 30, 2015 Opinion or Order Filing 14 NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM by Ford Motor Company (Attachments: #1 Exhibit A-Subpoena Duces Tecum to Continental Casualty Company (CNA))(Kidd, D.)
September 29, 2015 Opinion or Order DOCKET ANNOTATION as to #11, #12, and #13: These documents are not signed in compliance with the court's Administrative Procedures for Electronic Case Filing Sec. 3.D.1. which pertains to both civil and criminal pleadings. Attorney is to include the appropriate electronic signature of (s/attorney's name) on the document and certificate of service. Documents do not have to be refiled. (PKS)
September 28, 2015 Opinion or Order Filing 13 NOTICE of Service of First Request for Admissions by Ford Motor Company (Kidd, D.)
September 28, 2015 Opinion or Order Filing 12 NOTICE of Service of First Set of Request for Production by Ford Motor Company (Kidd, D.)
September 28, 2015 Opinion or Order Filing 11 NOTICE of Service of First Set of Interrogatories by Ford Motor Company (Kidd, D.)
September 3, 2015 Opinion or Order Filing 10 CASE MANAGEMENT ORDER: Motions for Amended Pleadings due by 10/2/2015. Motions for Joinder of Parties due by 10/2/2015. Designate Experts Plaintiff Deadline due by 12/1/2015. Designate Experts for Defendant Deadline due by 1/11/2016. Discovery due by 4/6/2016. Motions due by 4/20/2016. Settlement Conference set for 6/7/2016 at 1:30 PM before Magistrate Judge John C. Gargiulo. On or before 9/13/2016, the parties must report to the undersigned all ADR efforts taken. Pretrial Conference set for 9/20-22/2016 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Jury Trial is set for a three week trial calendar beginning on 10/3/2016 at 9:00 AM in Courtroom 706 (Gulfport) Ozerden before District Judge Halil S. Ozerden. Proposed Pretrial Order due by 9/20/2016. ETT: 6 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 9/3/2015 (AB)
September 3, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 9/3/2015. PARTICIPANTS: Joel L. Blackledge, Andrew C. Burrell (counsel for Plaintiff); and Robert F. Walker (counsel for Defendant). A Case Management Order will be entered. (AB)
August 28, 2015 Opinion or Order Filing 9 Corporate Disclosure Statement by Ford Motor Company (Kidd, D.)
August 27, 2015 Opinion or Order Filing 8 NOTICE of Service of Initial Disclosure by Ford Motor Company (Kidd, D.)
August 27, 2015 Opinion or Order Filing 7 Corporate Disclosure Statement by Mildemont, Inc. (Blackledge, Joel)
August 27, 2015 Opinion or Order Filing 6 NOTICE of Service of Pre-Discovery Disclosure by Mildemont, Inc. (Blackledge, Joel)
August 3, 2015 Opinion or Order Filing 5 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 9/3/2015 at 10:30 AM before Magistrate Judge John C. Gargiulo. (AB)
July 9, 2015 Opinion or Order Filing 4 NOTICE of Appearance by Robert F. Walker on behalf of Ford Motor Company (Walker, Robert)
July 8, 2015 Opinion or Order Filing 3 ANSWER to Complaint by Ford Motor Company.(Kidd, D.)
July 2, 2015 Opinion or Order Filing 2 State Court Record by Defendant Ford Motor Company (Kidd, D.)
July 1, 2015 Opinion or Order Filing 1 NOTICE OF REMOVAL by Ford Motor Company from Circuit Court of Harrison Co., MS, 1st Jud. Dist., case number A2401-15-90, with jury demand in lower court. (Filing fee $400.00, receipt number 14643007054) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint and documents served upon defendant) (RLW)

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Plaintiff: Mildemont, Inc. doing business as Big Brake of MS
Represented By: Joel L. Blackledge
Represented By: Andrew Charles Burrell
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Defendant: Ford Motor Company
Represented By: Dean Sterling Kidd
Represented By: Robert F. Walker
Represented By: Scott A. Richman - PHV
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