Scirocco et al v. Ford Motor Company
Plaintiff: Marcus Scirocco and Summer Scirocco
Defendant: Ford Motor Company
Case Number: 5:2013cv00128
Filed: August 23, 2013
Court: US District Court for the Southern District of Mississippi
Office: Western Office
County: Adams
Presiding Judge: Michael T Parker
Referring Judge: Keith Starrett
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on April 19, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2016 Opinion or Order Filing 64 CERTIFIED COPY OF USCA JUDGMENT/MANDATE Affirming the Judgment of the USDC as to #62 Notice of Appeal filed by Marcus Scirocco and Summer Scirocco. (Attachments: #1 Cover Letter)(ND)
April 19, 2016 Opinion or Order Filing 63 Copy of Opinion - USCA Affirming the Judgment of the USDC in re #62 Notice of Appeal. (Attachments: #1 Cover Letter)(ND)
October 21, 2015 Opinion or Order ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at #http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. (ND)
August 11, 2015 Opinion or Order Certified and Transmitted Record on Appeal electronically to US Court of Appeals in re #62 Notice of Appeal. (ND)
August 3, 2015 Opinion or Order Filing 62 NOTICE OF APPEAL as to #52 Memorandum Opinion and Order, #61 Judgment by Marcus Scirocco, Summer Scirocco. Filing fee $ 505, receipt number 0538-2999480. (Roberts, Joseph)
July 13, 2015 Opinion or Order Filing 61 FINAL JUDGMENT - This case is closed, and all pending motions, deadlines, and hearings are terminated. Signed by District Judge Keith Starrett on 7/13/2015 (ND)
July 7, 2015 Opinion or Order Filing 60 STIPULATION of Dismissal by Ford Motor Company (Gunn, George)
July 7, 2015 Opinion or Order Filing 59 NOTICE of Appearance by Robert G. Germany on behalf of Marcus Scirocco, Summer Scirocco (Germany, Robert)
July 6, 2015 Opinion or Order Filing 58 Rebuttal re #57 Response to Motion, #56 MOTION for Telephonic Conference Hearing filed by Ford Motor Company (Kidd, D.)
July 1, 2015 Opinion or Order Filing 57 RESPONSE to Motion re #56 MOTION for Telephonic Conference Hearing filed by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
July 1, 2015 Opinion or Order Filing 56 MOTION for Telephonic Conference Hearing by Ford Motor Company (Kidd, D.)
July 1, 2015 Opinion or Order Filing 55 ORDER Setting Deadlines and Dates for Response/Rebuttal to Defendant's #54 MOTION in Limine filed by Ford Motor Company. Plaintiffs' Response to said motion is due on or before July 8, 2015. Defendant's Rebuttal, if desired, is due on or before July 13, 2015. An abbreviated briefing schedule is necessary so that the Court may rule on the motion before the pretrial conference scheduled for July 16, 2015. Signed by District Judge Keith Starrett on July 1, 2015 (dsl)
June 30, 2015 Opinion or Order Filing 54 MOTION in Limine by Ford Motor Company (Attachments: #1 Exhibit A-Contract with Ford Motor Credit Company, #2 Exhibit B- Excerpts from Marcus Scirocco's Deposition, #3 Exhibit C- Statement of Sale, #4 Exhibit D- Excerpts from Summer Scirocco's Deposition, #5 Exhibit E- Plaintiff's Responses to Interrogatories)(Gunn, George)
June 17, 2015 Opinion or Order Filing 53 NOTICE of Hearing: Pretrial Conference set for 7/16/2015 at 09:30 AM in Courtroom 1 (Hattiesburg) before District Judge Keith Starrett. A confidential settlement memorandum shall be submitted to the Court 3 days prior to the conference. (scp)
May 21, 2015 Opinion or Order Filing 52 Amended Memorandum Opinion and Order granting Defendant's #43 MOTION for Summary Judgment. The Court directs the parties' counsel to confer and contact the undersigned judge's chambers to clarify the status of Plaintiffs' breach of contract claim. Signed by District Judge Keith Starrett on May 21, 2015 (dsl)
May 21, 2015 Opinion or Order Filing 51 ***PLEASE DISREGARD THIS ENTRY**** AN AMENDED ORDER SHALL BE ENTERED****ORDER granting Defendant's #43 Motion for Summary Judgment. The Court grants Defendant's Motion for Summary Judgment #43 as to Plaintiffs' negligence, breach of implied warranty, strict liability, and breach of express warranty claims. Additionally, the Court directs the parties' counsel to confer and contact the undersigned judge's chambers to clarify the status of Plaintiff's breach of contract claim. Signed by District Judge Keith Starrett on May 21, 2015 (dsl) Modified on 5/21/2015 (dsl).
May 21, 2015 Opinion or Order DOCKET ANNOTATION as to #51. Order entered in error. An Amended Order shall be docketed. (dsl)
February 20, 2015 Opinion or Order Filing 50 Rebuttal re #43 MOTION for Summary Judgment (Rebuttal in Support) filed by Ford Motor Company (Attachments: #1 Exhibit A- Deposition Excerpts of Summer Scirocco, #2 Exhibit B- Deposition Excerpts of Robert Pascarella, #3 Exhibit C-Deposition Excerpts of Cliff Bateman, #4 Exhibit D- Technical Service Bulletin, #5 Exhibit E- Carfax Report)(Gunn, George)
February 10, 2015 Opinion or Order Filing 49 MEMORANDUM IN OPPOSITION re #48 Response in Opposition to Motion,, filed by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
February 10, 2015 Opinion or Order Filing 48 RESPONSE in Opposition re #43 MOTION for Summary Judgment filed by Marcus Scirocco, Summer Scirocco (Attachments: #1 Exhibit Ex A Summer Scirocco Excerpts, #2 Exhibit Ex B Clifton Bateman Excerpts, #3 Exhibit Ex C Barry Gunter Excerpts, #4 Exhibit Ex D William Pugh Excerpts, #5 Exhibit Ex E Robert Pascarella Excerpts, #6 Exhibit Ex F Ford Fusion Owner's Manual Excerpts, #7 Exhibit Ex G Ford Case Report, #8 Exhibit Ex H Lakeside Ford Records Excerpts, #9 Exhibit Ex I Letter from Ford regarding photos, #10 Exhibit Ex J Mississippi Dept. of Revenue documents, #11 Exhibit Ex K TSB 09-18-03)(Roberts, Joseph)
January 27, 2015 Opinion or Order Filing 47 ORDER granting #46 Motion for Extension of Time to File Response/Reply re #43 MOTION for Summary Judgment . Responses due by 2/10/2015. Replies due by 2/20/2015. Signed by District Judge Keith Starrett on 2/27/2015 (scp)
January 26, 2015 Opinion or Order Filing 46 MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
January 20, 2015 Opinion or Order Filing 45 ORDER Setting Deadlines and Dates for Response/Rebuttal to Defendant's Motion for Summary Judgment #43 . Plaintiffs' Response to said motion is due on or before February 2, 2015. Defendant's Rebuttal, if desired, is due on or before February 12, 2015. Signed by District Judge Keith Starrett on January 20, 2015 (dsl)
January 15, 2015 Opinion or Order Filing 44 MEMORANDUM in Support re #43 MOTION for Summary Judgment filed by Ford Motor Company (Gunn, George)
January 15, 2015 Opinion or Order Filing 43 MOTION for Summary Judgment by Ford Motor Company (Attachments: #1 Exhibit A- Excerpts from Summer Scirocco's Deposition, #2 Exhibit B- Excerpts from Marcus Scirocco's Deposition, #3 Exhibit C- Excerpts from Clifton Bateman's Deposition, #4 Exhibit D- Excerpts from Barry Gunter's Deposition, #5 Exhibit E- Medical Records from Natchez Regional Medical Center, #6 Exhibit F-Excerpts from 30(B)(6) Deposition of Ford Motor Company, #7 Exhibit G- Technical Service Bulletin)(Gunn, George)
November 19, 2014 Opinion or Order Filing 42 AMENDED CASE MANAGEMENT ORDER: Motions due by 1/15/201; Pretrial Conference set for 7/16/2015 before District Judge Keith Starrett; Jury Trial set for a two week term beginning 8/3/2015 before District Judge Keith Starrett. Signed by Magistrate Judge Michael T. Parker on November 19, 2014 (KPM)
November 19, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Scheduling Conference held on 11/19/2014. An amended case management order will be entered. PARTICIPANTS: Joe Roberts for plaintiffs; Clay Gunn for defendant. (KPM)
November 12, 2014 Opinion or Order Set Hearings: Having confirmed the availability of counsel, a TELEPHONIC Scheduling Conference is set for 11/19/2014 10:00 AM before Magistrate Judge Michael T. Parker. The parties are to dial 888.273.3658, code 1055457 to connect to the call. (KPM)
November 10, 2014 Opinion or Order Filing 41 ORDER denying Plaintiffs' #34 MOTION to Remand and Lifting Stay. The parties are directed to contact the chambers of U.S. Magistrate Judge Michael T. Parker within seven (7) days of the date of this order for entry of a new scheduling order. Signed by District Judge Keith Starrett on November 10, 2014 (dsl)
October 20, 2014 Opinion or Order Filing 40 REPLY to Response to Motion re #39 Response in Opposition to Motion filed by Ford Motor Company (Attachments: #1 Exhibit Medical Records and Expenses, #2 Exhibit Emails)(Roberts, Joseph)
October 9, 2014 Opinion or Order Filing 39 RESPONSE in Opposition re #34 MOTION to Remand filed by Ford Motor Company (Attachments: #1 Exhibit A- Deposition Excerpts of Summer Scirocco, #2 Exhibit B- Deposition Excerpts of Marcus Scirocco)(Gunn, George)
September 24, 2014 Opinion or Order Filing 38 ORDER granting Defendant's #37 Motion to Stay Proceedings. The dispositive motions deadline, pre-trial conference, and trial date are stayed pending this Court's resolution of the Plaintiffs' Motion to Remand. Signed by District Judge Keith Starrett on September 24, 2014 (dsl)
September 24, 2014 Opinion or Order Filing 37 Emergency MOTION to Stay Proceedings (Dispositive Motion Deadline, Pre-Trial Conference, and Trial) by Ford Motor Company (Kidd, D.)
September 23, 2014 Opinion or Order Filing 36 ORDER Setting Deadlines and Dates for Response/Rebuttal to Plaintiff's Motion to Remand #34 . Defendant's Response to said motion is due on or before October 9, 2014. Plaintiff's Rebuttal, if desired, is due on or before October 20, 2014. Signed by District Judge Keith Starrett on September 23, 2014 (dsl)
September 22, 2014 Opinion or Order Filing 35 MEMORANDUM in Support re #34 MOTION to Remand filed by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
September 22, 2014 Opinion or Order Filing 34 MOTION to Remand by Marcus Scirocco, Summer Scirocco (Attachments: #1 Exhibit First Amended Complaint Plaintiffs Demand Trial By Jury, #2 Exhibit Stipulation Regarding Damages)(Roberts, Joseph)
September 22, 2014 Opinion or Order Filing 33 STIPULATION Regarding Damages by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
September 22, 2014 Opinion or Order Reset Deadlines: Motions due by 9/26/2014 (KPM)
September 19, 2014 Opinion or Order TEXT ONLY ORDER granting in part and denying in part #32 Motion to Extend Deadline. Motions deadline is extended to 9/26/14. No further extension will be granted. No futher written order will issue. Signed by Magistrate Judge Michael T. Parker on September 19, 2014 (js)
September 18, 2014 Opinion or Order Filing 32 Emergency MOTION to Extend dispositive motion Deadline (Unopposed) by Ford Motor Company (Kidd, D.)
September 2, 2014 Opinion or Order Filing 31 NOTICE of Service of Amended Designation of Experts by Ford Motor Company (Gunn, George)
August 28, 2014 Opinion or Order Filing 30 NOTICE to Take Deposition of Barry Gunter by Ford Motor Company (Gunn, George)
August 28, 2014 Opinion or Order Filing 29 NOTICE to Take Deposition of Cliff Bateman by Ford Motor Company (Gunn, George)
August 28, 2014 Opinion or Order Filing 28 Subpoena Returned Executed as to Natchez Regional Medical Center. (Gunn, George)
August 22, 2014 Opinion or Order Filing 27 NOTICE OF INTENT TO SERVE SUBPOENA by Ford Motor Company (Attachments: #1 Exhibit A-Subpoena Duces Tecum to Natchez Regional Medical Center)(Gunn, George)
August 20, 2014 Opinion or Order Filing 26 Response in Opposition re #25 NOTICE to Take Deposition of Representative of Ford Motor Company by Marcus Scirocco, Summer Scirocco (Roberts, Joseph) (Objections and Responses) filed by Ford Motor Company (Gunn, George)
August 20, 2014 Opinion or Order Filing 25 NOTICE to Take Deposition of Representative of Ford Motor Company by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
August 18, 2014 Opinion or Order Filing 24 NOTICE to Take Deposition by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
August 13, 2014 Opinion or Order Filing 23 NOTICE to Take Deposition of Lakeside Ford, Inc. by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
August 13, 2014 Opinion or Order Filing 22 NOTICE to Take Deposition of Summer Scirocco and Marcus Scirocco by Ford Motor Company (Gunn, George)
July 28, 2014 Opinion or Order Filing 21 AGREED ORDER granting Joint Ore Tenus Motion to Extend Discovery and Motions Deadlines. Signed by Magistrate Judge Michael T. Parker on July 28, 2014 (KPM)
July 28, 2014 Opinion or Order Reset Scheduling Order Deadlines: Discovery due by 9/5/2014, Motions due by 9/19/2014 (KPM)
July 28, 2014 Opinion or Order Joint Ore Tenus MOTION to Extend Discovery and Motions Deadlines. (KPM)
June 30, 2014 Opinion or Order Filing 20 NOTICE of Service of Designation of Experts by Ford Motor Company (Kidd, D.)
April 7, 2014 Opinion or Order Filing 19 ORDER granting in part and denying in part #18 Agreed Motion to Extend Deadlines. Plaintiffs' expert designation deadline is extended to 5/30/14; defendant's expert designation deadline is extended to 6/30/14. Signed by Magistrate Judge Michael T. Parker on April 7, 2014 (KPM)
April 7, 2014 Opinion or Order Filing 18 Unopposed MOTION to Extend 30 day Deadline by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
April 7, 2014 Opinion or Order Reset Deadlines: Designate Experts Plaintiff Deadline due by 5/30/2014; Designate Experts for Defendant Deadline due by 6/30/2014 (KPM)
February 21, 2014 Opinion or Order Filing 17 ORDER granting #16 Motion to Continue or to Stay. Signed by Magistrate Judge Michael T. Parker on February 21, 2014 (KPM)
February 21, 2014 Opinion or Order Reset Scheduling Order Deadlines/Hearings: Designate Experts Plaintiff Deadline due by 5/1/2014; Designate Experts for Defendant Deadline due by 6/2/2014; Discovery due by 8/1/2014; Motions due by 8/15/2014; Pretrial Conference set for 12/18/2014 before District Judge Keith Starrett; Jury Trial set for a two week term beginning 1/5/2015 before District Judge Keith Starrett (KPM)
February 20, 2014 Opinion or Order Filing 16 MOTION to Continue or to Stay - Agreed by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
January 30, 2014 Opinion or Order Filing 15 AGREED ORDER granting Joint Ore Tenus Motion to Extend Expert Designation Deadlines. Signed by Magistrate Judge Michael T. Parker on January 30, 2014 (KPM)
January 30, 2014 Opinion or Order Reset Deadlines: Designate Experts Plaintiff Deadline due by 3/3/2014, Designate Experts for Defendant Deadline due by 4/3/2014 (KPM)
January 30, 2014 Opinion or Order Joint Ore Tenus MOTION to Extend expert witness designations deadlines. (KPM)
January 15, 2014 Opinion or Order Filing 14 NOTICE of Service of Response to Request for Production by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
January 15, 2014 Opinion or Order Filing 13 NOTICE of Service of Response to Interrogatories by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
December 26, 2013 Opinion or Order Filing 12 AMENDED COMPLAINT against Ford Motor Company, filed by Marcus Scirocco, Summer Scirocco.(Roberts, Joseph)
December 23, 2013 Opinion or Order TEXT ONLY ORDER granting #11 Motion to Amend/Correct Complaint. For good cause shown and without objection from any party, plaintiffs are granted leave to file an amended complaint and shall file same on or before January 7, 2014. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on December 23, 2013. (Parker, Michael)
December 2, 2013 Opinion or Order Filing 11 MOTION to Amend/Correct Complaint by Marcus Scirocco, Summer Scirocco (Attachments: #1 Exhibit First Amended Complaint)(Roberts, Joseph)
November 5, 2013 Opinion or Order Filing 10 NOTICE of Service of First Set of Request for Production by Ford Motor Company (Kidd, D.)
November 5, 2013 Opinion or Order Filing 9 NOTICE of Service of First Set of Interrogatories by Ford Motor Company (Kidd, D.)
October 30, 2013 Opinion or Order Filing 8 CASE MANAGEMENT ORDER: The parties do not consent; Motions for Amended Pleadings due by 12/2/2013; Motions for Joinder of Parties due by 12/2/2013; Designate Experts Plaintiff Deadline due by 2/3/2014; Designate Experts for Defendant Deadline due by 3/3/2014; Discovery due by 5/1/2014; Motions due by 5/15/2014; Pretrial Conference set for 9/18/2014 before District Judge Keith Starrett; Jury Trial set for a two week term beginning 10/6/2014 before District Judge Keith Starrett; ETT: 3 days; settlemnet conference or private mediation to be completed by discovery deadline. Signed by Magistrate Judge Michael T. Parker on October 30, 2013 (KPM)
October 30, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Case Management Conference held on 10/30/2013. A case management order will be entered. PARTICIPANTS: Joe Roberts for plaintiffs; Sterling Kidd for defendant. (KPM)
October 25, 2013 Opinion or Order Filing 7 NOTICE of Service of Disclosure by Marcus Scirocco, Summer Scirocco (Roberts, Joseph)
October 23, 2013 Opinion or Order Filing 6 NOTICE of Service of Disclosure by Ford Motor Company (Kidd, D.)
September 26, 2013 Opinion or Order Filing 5 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 10/30/2013 10:00 AM before Magistrate Judge Michael T. Parker. Counsel for plaintiff is responsible for initiating the conference call and shall contact Judge Parker's chambers (601.544.9100) when all parties are connected. Confidential settlement memoranda are due on or before 10/24/13. (KPM)
September 13, 2013 Opinion or Order Filing 4 ORDER OF RECUSAL. Honorable David C. Bramlette, III recused. Case reassigned to District Judge Keith Starrett for all further proceedings. Signed by Honorable David C. Bramlette, III on September 9, 2013. (EJS)
September 4, 2013 Opinion or Order Filing 3 State Court Record by Defendant Ford Motor Company Volumes 1 (Gunn, George)
August 27, 2013 Opinion or Order Filing 2 ANSWER to Complaint by Ford Motor Company.(Kidd, D.)
August 23, 2013 Opinion or Order Filing 1 NOTICE OF REMOVAL by Ford Motor Company from Circuit Court of Adams County, Mississippi, case number 13-KV-0049-J. ( Filing fee $ 400 receipt number 34643023293). 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 - Copy of all process, pleadings and orders).(EJS)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Mississippi Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Scirocco et al v. Ford Motor Company
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Marcus Scirocco
Represented By: Joseph E. Roberts, Jr.
Represented By: Robert G. Germany
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Summer Scirocco
Represented By: Joseph E. Roberts, Jr.
Represented By: Robert G. Germany
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ford Motor Company
Represented By: George Clanton Gunn, IV
Represented By: Barry Wayne Ford
Represented By: Bradley W. Smith
Represented By: Dean Sterling Kidd
Represented By: Walker W. Jones, III
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?