Hajek v. Kumho Industrial Co. et al

Plaintiff: Marcia K. Hajek
Defendant: Kumho Industrial Co., Kumho Tire Co., Kumho Tire U.S.A. and Ford Motor Company
Case Number: 4:2008cv03157
Filed: July 24, 2008
Court: Nebraska District Court
Office: Motor Vehicle Prod. Liability Office
County: Cheyenne
Presiding Judge: Richard G. Kopf
Referring Judge: David L. Piester
Nature of Suit: Plaintiff
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Motor Vehicle Product Liability

Available Case Documents

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Date Filed#Document Text
November 18, 2009 110 Opinion or Order of the Court ORDER - The motion to terminate ECF notices, (filing no. 108 ), is granted, and the clerk shall discontinue any ECF notices to counsel John Svoboda and Mary Quinn, counsel of record for the dismissed defendant, Ford Motor Company. The plaintiffs' unopposed motion to continue, (filing no. 109 ), is granted, and the plaintiffs' reply brief on their pending motion to compel shall be filed on or before November 27, 2009. Ordered by Judge Richard G. Kopf. (JAB)
January 26, 2010 116 Opinion or Order of the Court ORDER. It is ordered that: (1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Thursday, January 6, 2011, at 10:00 a.m.( C)Place of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, )
February 8, 2010 117 Opinion or Order of the Court MEMORANDUM AND ORDER - To the extent it has not done so already, Kumho must produce legible copies of the documents previously disclosed in response to plaintiffs' discovery. In all other respects, plaintiffs' motion to compel, (filing no. 100 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
March 30, 2010 126 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff's statement of objections (filing 118 ) is denied. Magistrate Judge Zwart's order of February 8, 2010 (filing 117 ), shall not be disturbed and is hereby sustained. Ordered by Judge Richard G. Kopf. (TCL )
May 17, 2010 134 Opinion or Order of the Court AMENDED PROGRESSION ORDER- The Joint Motion to Amend Scheduling Order is granted. A jury trial is set to commence on March 21, 2011. The pretrial conference will be held before the undersigned magistrate judge on March 10, 2011 at 10:00 a.m.. The d iscovery and deposition deadline is November 1, 2010. The deadline for filing motions to dismiss, motions for summary judgment or motions to exclude expert testimony on Daubert and related grounds is December 1, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
August 18, 2010 157 Opinion or Order of the Court ORDER granting 154 Motion to Continue. Jury Trial set for 6/20/2011 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Pretrial Conference set for 6/9/2011 at 10:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. No further extensions of the progression schedule will be granted absent a substantial good cause showing.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
November 12, 2010 183 Opinion or Order of the Court MEMORANDUM AND ORDER that the parties are given until November 19, 2010 to submit any additional evidence or briefing regarding MOTION to Compel Discovery 171 . The motion will be deemed fully submitted as of November 22, 2010. The parties sh all file a joint mediation report by January 28, 2011 indicating their joint or respective positions on mediating this case. This report need not be filed if the case was referred to mediation by the court before January 28 2011. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB, )
January 5, 2011 194 Opinion or Order of the Court MEMORANDUM AND ORDER - The parties' motions to seal, filing nos. 174 , 175 , 185 , are granted, and the following shall be filed as restricted access documents: Filing No. 173 , Exhibits 2, 5, 6, and 7; Filing No. 176 and 177 ; and Filing No. 186 . The plaintiff's motion to compel, (filing no. 171 ) is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
January 26, 2011 198 Opinion or Order of the Court MEMORANDUM AND ORDER granting 197 Oral Motion for referral to mediation and for a stay of these proceedings pending mediation. This case is stayed until 4/11/2011. Compliance with deadlines shall not be required. All pending dispositive or nondi spositive motions are denied without prejudice to refiling. Within 5 days following the completion of the parties' settlement meeting, plaintiff's counsel shall report to the Clerk whether the case has been settled. The Clerk shall bring this file to the attention of the undersigned on 4/15/11 or when notified that the mediation has been completed, whichever first occurs. Status Report due by 4/15/2011. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
June 3, 2011 206 Opinion or Order of the Court SETTLEMENT ORDER. It is ordered that: (1)Within ninety (90) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court (and provide a copy to the ma gistrate judge and to United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case;(2)Absent compliance with this order, t his case (including all counterclaims and the like) may be dismissed without further notice;(3)This case is removed from the court's trial docket upon representation by the parties that the case has settled.***Set Dismissal Papers Deadline -- due by 9/6/2011. Termed 8/18/2011 status conference, 10/12/2011 pretrial conference, and 10/24/2011 trial.Ordered by Judge Richard G. Kopf. (KLL, )
September 1, 2011 207 Opinion or Order of the Court SECOND SETTLEMENT ORDER. The parties have orally requested an extension of time to submit their dismissal documents. Accordingly, IT IS ORDERED that: (1)By October 3, 2011, the parties shall file a joint stipulation for dismissal (or other dispositi ve stipulation) with the clerk of the court (and provide a copy to the magistrate judge and to United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case; ETC. ***Reset Dismissal Papers Deadline to 10/3/2011.Ordered by Judge Richard G. Kopf. (KLL, )
October 9, 2008 27 Opinion or Order of the Court ORDER denying 23 Motion to Change Place of Trial. Ordered by Magistrate Judge David L. Piester. (LKL)
October 21, 2008 28 Opinion or Order of the Court ORDER granting 20 Motion to Dismiss Party. Defendant Kumho Industrial Co., Ltd. is dismissed from this action without prejudice. Kumho Tire Co., Inc., Kumho Tire U.S.A., Inc., and Ford Motor Company are the only remaining defendants in this action. Ordered by Judge Richard G. Kopf. (JAB)
October 30, 2008 30 Opinion or Order of the Court ORDER regarding Notice Regarding Corporate Disclosure Statement 13 . As of this date, no Statement has been filed. IT THEREFORE HEREBY IS ORDERED, Counsel for Ford Motor Company shall file the Corporate Disclosure Statement on or before November 20, 2008, or show cause by written affidavit why they cannot comply with the rules of the court. Ordered by Magistrate Judge David L. Piester. (LKL)
February 25, 2009 45 Opinion or Order of the Court ORDER-Plaintiff's Motion for Extension of Time to Serve Mandatory Disclosures is granted, and the parties are given until March 17, 2009, to serve the mandatory disclosures described in Fed. R. Civ. P. Rule 26(a)(1). Ordered by Magistrate Judge David L. Piester. (LKH)
February 26, 2009 46 Opinion or Order of the Court ORDER granting 39 Motion for Leave. The motion of defendant Kumho Tire Co., Inc., filing no. 39 , to file amended answer is granted. The amended answer shall be filed forthwith. Ordered by Magistrate Judge David L. Piester. (JAB)
February 26, 2009 47 Opinion or Order of the Court ORDER granting 38 Motion for Leave. The motion of defendant Kumho Tire U.S.A., Inc., filing no. 38 , to file amended answer is granted. The amended answer shall be filed forthwith. Ordered by Magistrate Judge David L. Piester. (JAB)
February 26, 2009 48 Opinion or Order of the Court ORDER granting 40 Plaintiff's Motion to Extend deadline. The deadline to amend pleadings is extended to March 20, 2009. Ordered by Magistrate Judge David L. Piester. (JAB)
March 18, 2009 60 Opinion or Order of the Court ORDER granting 54 Motion to Withdraw as Attorney. The motion of William S. Frates, II, filing no. 54 , is granted and William S. Frates, II and his associate Leslie Kroeger are granted leave to withdraw from further representation of the plaintiff. Ordered by Magistrate Judge David L. Piester. (JAB)
April 6, 2009 63 Opinion or Order of the Court ORDER granting 58 Plaintiff's Motion for Leave to file First Amended Complaint. Ordered by Magistrate Judge David L. Piester. (JAB)
May 8, 2009 71 Opinion or Order of the Court ORDER sustaining 70 Motion to Continue. Accordingly, the Planning Conference previously scheduled for May 19, 2009 is continued and will be held on July 23, 2009 at 10:30 a.m., and the deadline for the identification of the parties experts and all related deadlines set forth in paragraph numbered 10 of the Court's Order for Initial Progression of Case are continued and shall be completed prior to July 10, 2009. Ordered by Magistrate Judge David L. Piester. (LKH)
June 23, 2009 81 Opinion or Order of the Court MEMORANDUM AND ORDER - This matter is before the court on Plaintiff's motion to dismiss Defendant Ford Motor Company (filing 73 ) and the objection to said motion filed by Defendants Kumho Tire, Co., Inc. and Kumho Tire, U.S.A., Inc. (collectiv ely referred to herein as the Kumho Defendants). (Filing 75 ). IT IS ORDERED: 1. Plaintiff's motion to dismiss Defendant Ford Motor Company (filing 73 ) is denied; 2. The Kumho Defendants shall file a cross-claim, if any, against Ford Motor Co mpany on or before July 23, 2009. The Kumho Defendants' failure to file any such claim on or before that date will result in this action being dismissed without prejudice as to Defendant Ford Motor Company. Ordered by Judge Richard G. Kopf. (LKH)
July 2, 2009 84 Opinion or Order of the Court MEMORANDUM AND ORDER: The planning conference scheduled before Magistrate Judge Piester on 7/23/09 is cancelled. On or before 8/28/09, the parties shall jointly file a motion setting forth their proposed deadlines for continued progression of this case to trial, including deadlines for disclosing experts and their reports and for completion of discovery, and a statement of when this case will be ready for trial as ordered by Judge Richard G. Kopf. (SED)
July 23, 2009 91 Opinion or Order of the Court MEMORANDUM AND ORDER - Defendants' motion to compel, (filing no. 76 ), is granted in part, and denied in part as stated. Ordered by Judge Richard G. Kopf. (JAB)
July 24, 2009 93 Opinion or Order of the Court ORDER granting 92 Joint Motion to Amend. PROTECTIVE ORDER OF CONFIDENTIALITY entered. Ordered by Judge Richard G. Kopf. (JAB)
July 24, 2009 94 Opinion or Order of the Court ORDER denying as moot 89 Motion for Protective Order. The court has granted the parties' amended motion for protective order, (filing no. 92 ). Accordingly, the parties' motion for protective order, (filing no. 89 ), is denied as moot. Ordered by Judge Richard G. Kopf. (JAB)
August 13, 2009 97 Opinion or Order of the Court MEMORANDUM AND ORDER granting 95 Motion to Dismiss. Defendant Ford Motor Company is dismissed from this action without prejudice. Kumho Tire Co., Inc. and Kumho Tire U.S.A., Inc. are the only remaining defendants in this action. Ordered by Judge Richard G. Kopf. (JAB)

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Plaintiff: Marcia K. Hajek
Represented By: Lisa D. Stava
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Defendant: Kumho Industrial Co.
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