Etienne et al v. Ford Motor Company et al
| Ernst Etienne and Guadalupe Bellini-Etienne |
| Ford Motor Company and Goodyear Tire & Rubber Company |
| 2:2012cv02070 |
| December 4, 2012 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| Gloria M Navarro |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Defendant |
Docket Report
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| Filing 61 COSTS TAXED in amount of $5,753.59 against Plaintiffs re #60 Bill of Costs. (AF) |
| Filing 60 BILL OF COSTS by Defendant Ford Motor Company. Tax or object to Bill of Costs by 10/19/2014. (Perkins, Casey) |
| Filing 59 CLERK'S JUDGMENT in favor of Defendants Ford Motor Company and Goodyear Tire & Rubber Company and against Plaintiffs Ernst Etienne and Guadalupe Bellini-Etienne. Signed by Clerk of Court, Lance S. Wilson on 9/3/2014. (Copies have been distributed pursuant to the NEF - EDS) |
Filing 58
ORDER that #29 Defendant Ford Motor Company's Motion for Summary Judgment is GRANTED. IT IS FURTHER ORDERED that #40 Defendant Goodyear Tire & Rubber Company's Motion for Summary Judgment is GRANTED. Clerk of Court shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 9/3/2014. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 57 MINUTES OF PROCEEDINGS - Settlement Conference held on 8/12/2014 before Magistrate Judge Cam Ferenbach. Pla Counsel: Stephen Reid, Esq., Plaintiffs Ernst Etienne and Guadalupe Bellini; Def Counsel for Ford Motor Company: Jay J. Schuttert, Esq.; Casey Perkins, Esq.; Def Counsel for The Goodyear Tire & Rubber Co.: Timothy Mulliner, Esq.; Time of Hearing: 10:00 a.m. - 12:31 p.m.; The court met and conferred with the parties and counsel. However, a settlement agreement was not reached. IT IS HEREBY ORDERED that the case returns to the normal litigation track. (no image attached) (Copies have been distributed pursuant to the NEF - MT) |
| Filing 56 MINUTES OF PROCEEDINGS - Hearing re motion for appointment of settlement facilitator #51 held on 7/15/2014 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Def Counsel: Jay Schuttert and Timothy Mulliner; Court Reporter/FTR #: 10:05 - 10:34; Time of Hearing: 10:00 a.m.; Courtroom: 3D; The plaintiffs Ernst Etienne and Guadalupe Bellini-Etienne are present. The court canvasses and hears representation from Ernst Etienne. ORDERED that the motion for appointment of settlement facilitator #51 is DENIED. This hearing proceeds under seal 10:18:25 - 10:25:07. This hearing continues on the record. Settlement conference in this case is set for 8/12/14 at 10:00 a.m.. The parties are to provide the court with their confidential settlement conference statements by 4:00 p.m. on 8/5/14 and the statements are to be delivered directly to chambers and not delivered to the Clerk's Office. Everything else stated in order #45 remains unchanged. The court does allow Mr. Stephen Reid, if he chooses, to help the plaintiffs prepare their settlement conference statement and attend the settlement conference. Representatives for the defendants with full settlement authority may appear telephonically and must be available throughout the duration of the settlement conference. Settlement Conference set for 8/12/2014 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach.(no image attached) (Copies have been distributed pursuant to the NEF - JAR) |
| Filing 55 NOTICE NOTICE REGARDING MANDATORY SETTLEMENT CONFERENCE AVAILABILITY by Ford Motor Company re #50 Minute Order,,, Set/Reset Hearings,,. (Perkins, Casey) |
| Filing 54 RESPONSE to #51 MOTION for Appointment of a Settlement Facilitator, filed by Defendant Ford Motor Company. Replies due by 7/19/2014. (Perkins, Casey) |
| Filing 53 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 7/8/2014. By Judicial Assistant: Mai Tieu. RE: #51 MOTION for Appointment of a Settlement Facilitator Motion Hearing set for 7/15/2014 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. (Copies have been distributed pursuant to the NEF - DKJ) |
| Filing 51 MOTION for Appointment of a Settlement Facilitator by Plaintiffs Guadalupe Bellini-Etienne and Ernst Etienne. Responses due by 7/24/2014. (SLD) |
| Filing 50 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 7/7/2014. IT IS HEREBY ORDERED that the settlement conference scheduled for July 15, 2014 is VACATED and rescheduled to 10:00 a.m., July 30, 2014. The confidential settlement statement is due by 4:00 p.m., July 23, 2014. All else as stated in Order #45 remains unchanged. IT IS FURTHER ORDERED that a status hearing, to discuss how the settlement conference will proceed, is scheduled for 10:00 a.m., Tuesday, July 15, 2014, in courtroom 3D. (Copies have been distributed pursuant to the NEF - EDS) |
| Filing 52 MINUTES OF PROCEEDINGS - Hearing re Unopposed MOTION to appear telephonically #46 and MOTION to Appear Telephonically #48 held on 7/3/2014 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Def Counsel: Timothy Mulliner and Casey Perkins, both appearing telephonically; Court Reporter/FTR #: 2:05 - 2:13; Time of Hearing: 2:00 p.m.; Courtroom: 3D; Plaintiffs are not present. The court canvasses and hears representations from defense counsel. The court takes this matter under submission and will issue a separate order. (see order #50 ) (no image attached) (Copies have been distributed pursuant to the NEF - JAR) |
| Filing 49 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 7/1/2014. Telephonic Hearing set for 7/3/2014 02:00 PM before Magistrate Judge Cam Ferenbach re: #46 and #48 MOTIONS to Appear Telephonically. (Copies have been distributed pursuant to the NEF - SLR) |
| Filing 48 MOTION to Appear Telephonically re: #45 ORDER Scheduling Settlement Conference; filed by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 47 DECLARATION re #46 Unopposed MOTION to appear telephonically re: 45 ORDER Scheduling Settlement Conference; filed by Defendant Goodyear Tire & Rubber Company. (Attachments: #1 Exhibit A to Declaration of Timothy Mulliner, #2 Exhibit B to Declaration)(Mulliner, Timothy) |
| Filing 46 Unopposed MOTION to appear telephonically re: #45 ORDER Scheduling Settlement Conference; by Defendant Goodyear Tire & Rubber Company. Motion ripe 6/30/2014. (Mulliner, Timothy) |
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Filing 45
ORDER Scheduling Settlement Conference: Settlement Conference set for 7/15/2014 10:00 AM in LV Chambers before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 6/16/2014. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 6/16/2014. By Deputy Clerk: Michael Zadina. IT IS HEREBY ORDERED that the matter is referred to Magistrate Judge Cam Ferenbach to set a settlement conference. (no image attached) (Copies have been distributed pursuant to the NEF - MJZ) |
| Filing 43 NON-OPPOSITION to #29 MOTION for Summary Judgment ; filed by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 42 NON-OPPOSITION to #40 MOTION for Summary Judgment ; filed by Defendant Goodyear Tire & Rubber Company. (Mulliner, Timothy) |
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Filing 41
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #40 MOTION for Summary Judgment: Opposition due twenty-one (21) days from the date of this Minute Order, and reply due fourteen (14) days after the filing of the opposition. Signed by Chief Judge Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - MAJ)
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| Filing 40 MOTION for Summary Judgment by Defendant Goodyear Tire & Rubber Company. Responses due by 5/9/2014. (Attachments: #1 Exhibit A - Declaration of Michael Bryant, #2 Exhibit B - Declaration of Timothy Mulliner, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Mulliner, Timothy) |
| Filing 39 MINUTES OF PROCEEDINGS - Hearing re motion to strike stipulation #35 held on 3/20/2014 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Def Counsel: Timothy Mulliner and Casey Perkins; Court Reporter/FTR #: 10:13 - 10:30; Time of Hearing: 10:00 a.m.; Courtroom: 3D; The plaintiffs Ernst Etienne and Guadalupe Bellin-Etienne are present. The court canvasses and hears representations from the parties. ORDERED that the motion to strike stipulation #35 is GRANTED. The plaintiffs are cautioned about filing a document titled stipulation and the document is not a stipulation. (no image attached) (Copies have been distributed pursuant to the NEF - JAR) |
| Filing 38 NON-OPPOSITION to #35 MOTION to Strike #34 Stipulation ; filed by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 37 JOINDER to #35 MOTION to Strike #34 Stipulation ; filed by Defendant Goodyear Tire & Rubber Company. (Mulliner, Timothy) |
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Filing 36
ORDER that Plaintiff's opposition to Defendant Ford Motor Company's Motion to Strike Plaintiffs' Purported Stipulation to Re-Open Discovery #35 is due on or before March 10, 2014 and the reply in support of Defendant's Motion to Strike Plaintiffs' Purported Stipulation to Re-Open Discovery is due on or before March 13, 2014. FURTHER ORDERED that a Hearing on #35 Motion to Strike is scheduled for 3/20/2014 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 2/27/14. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 35 MOTION to Strike #34 Stipulation by Defendant Ford Motor Company. Responses due by 3/16/2014. (Perkins, Casey) |
| Filing 34 STRICKEN per Order 39 STIPULATION To Reopen Discovery (First Request) re #21 Scheduling Order ; by Plaintiffs Guadalupe Bellini-Etienne and Ernst Etienne. (Attachments: #1 pt 2)(EDS) Modified on 3/25/2014 (MAJ). |
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Filing 33
ORDER Granting in part and Denying in part #25 Plaintiffs' Motion for Extension of Time filed by Ernst Etienne and Guadalupe Bellini-Etienne. Plaintiffs are granted through 3/17/14, to obtain counsel. Counsel must file a notice of appearance by 3/17/14. Discovery IS NOT reopened. Defendant Ford Motor Company has until 4/16/14, to supplement #29 Motion for Summary Judgment. 4/16/14, is the date dispositive motions are due. Opposition to #29 Motion for Summary Judgment is due 4/30/14. The date for filing the joint pretrial order will be thirty (30) days after decision of all dispositive motions or further order of the court. Signed by Magistrate Judge Cam Ferenbach on 2/14/14. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 32 MINUTES OF PROCEEDINGS - Hearing re stipulation to continue discovery #25 held on 2/14/2014 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Def Counsel: Timothy Mulliner and Casey Perkins; Court Reporter/FTR #: 10:06 - 10:15; Time of Hearing: 10:00 a.m.; Courtroom: 3D; The Plaintiffs are present. The court canvasses and hears representations from the parties. The court will issue a separate order. (no image attached) (Copies have been distributed pursuant to the NEF - JAR) |
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Filing 31
MINUTE ORDER Setting Hearing on #25 Stipulation Request to Extend Discovery filed by Ernst Etienne and Guadalupe Bellini-Etienne for 2/14/2014 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. IT IS FURTHER ORDERED that Plaintiffs Ernst Etienne and Guadalupe Bellini must attend the hearing in person. Signed by Magistrate Judge Cam Ferenbach on 1/30/14. (Copies have been distributed pursuant to the NEF - EDS)
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Filing 30
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #29 MOTION for Summary Judgment: Opposition due twenty-one (21) days from the date of this Minute Order, and reply due fourteen (14) days after the filing of the opposition. Signed by Chief Judge Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - MAJ)
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| Filing 29 MOTION for Summary Judgment by Defendant Ford Motor Company. Responses due by 2/21/2014. (Attachments: #1 Exhibit A)(Perkins, Casey) |
| Filing 28 STATUS REPORT JOINT INTERIM STATUS REPORT by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 27 JOINDER to #26 Objection to Document ; filed by Defendant Goodyear Tire & Rubber Company. (Mulliner, Timothy) |
| Filing 26 OBJECTION to #25 Stipulation ; FORD MOTOR COMPANY'S OBJECTION TO PLAINTIFFS' PURPORTED STIPULATION TO EXTEND DISCOVERY filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit 1)(Perkins, Casey) |
| Filing 25 STIPULATION FOR EXTENSION OF TIME (Second Request) to Extend Discovery by Plaintiffs Guadalupe Bellini-Etienne, Ernst Etienne. (SLD) |
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Filing 24
ORDER Granting #22 Consent Motion to Withdraw Attorneys Eric L. Marshall and Brian David Nettles as Counsel of Record. The Court Clerk shall mail a copy of this order to Plaintiffs Ernst Etienne and Guadalupe Bellini (see Order for address). Signed by Magistrate Judge Cam Ferenbach on 8/15/2013. (Copies have been distributed pursuant to the NEF - cc: Plaintiffs - SLD)
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| Filing 23 NON-OPPOSITION to #22 First MOTION to Withdraw as Attorney by Eric L. Marshall ; filed by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 22 First MOTION to Withdraw as Attorney by Eric L. Marshall by Plaintiff Ernst Etienne. Motion ripe 8/7/2013. (Nettles, Brian) |
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Filing 21
SCHEDULING ORDER Granting #20 Stipulation to Extend Discovery (First Request). Discovery due by 2/11/2014. Motions due by 3/11/2014. Proposed Joint Pretrial Order due by 4/11/2014. Signed by Magistrate Judge Cam Ferenbach on 8/2/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 20 STIPULATION FOR EXTENSION OF TIME (First Request) by Plaintiff Ernst Etienne. (Nettles, Brian) |
| Filing 19 ANSWER to Complaint re #1 Petition for Removal filed by Ford Motor Company.(Perkins, Casey) |
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Filing 18
ORDER Denying #7 Motion to Dismiss filed by Defendant Ford Motor Company. Signed by Judge Gloria M. Navarro on 5/15/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 17 CERTIFICATE OF SERVICE by Plaintiffs Guadalupe Bellini-Etienne and Ernst Etienne re Subpoena Duces Tecum served on party Rasor Road Service on 4/17/2013. (SLD) |
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Filing 16
SCHEDULING ORDER Granting #15 Proposed Discovery Plan and Scheduling Order. Discovery due by 12/11/2013. Motions due by 1/10/2014. Proposed Joint Pretrial Order due by 2/7/2014. Signed by Magistrate Judge Cam Ferenbach on 1/28/2013. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 15 PROPOSED Discovery Plan/Scheduling Order filed by Defendant Ford Motor Company [Special Scheduling Review Requested]. (Perkins, Casey) |
| Filing 14 STATUS REPORT RE: REMOVAL filed by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 13 REPLY to Response to #7 MOTION to Dismiss filed by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 12 RESPONSE to #7 MOTION to Dismiss, filed by Plaintiff Ernst Etienne. Replies due by 12/27/2012. (Nettles, Brian) |
| Filing 11 STATEMENT RE: REMOVAL filed by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 10 CERTIFICATE of Interested Parties filed by Goodyear Tire & Rubber Company. There are no known interested parties other than those participating in the case. (Pearson, Jon) |
| Filing 9 DEMAND for Trial by Jury by Defendant Goodyear Tire & Rubber Company. (Pearson, Jon) |
| Filing 8 ANSWER to Complaint with Jury Demand re #1 Petition for Removal, filed by Goodyear Tire & Rubber Company. Certificate of Interested Parties due by 12/21/2012. Discovery Plan/Scheduling Order due by 1/25/2013.(Pearson, Jon) |
| Filing 7 MOTION to Dismiss by Defendant Ford Motor Company. Responses due by 12/28/2012. (Perkins, Casey) |
| Filing 6 CERTIFICATE of Interested Parties filed by Ernst Etienne. There are no known interested parties other than those participating in the case. (Nettles, Brian) |
| Filing 5 DEMAND for Trial by Jury by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 4 CERTIFICATE of Interested Parties filed by Ford Motor Company. There are no known interested parties other than those participating in the case. (Perkins, Casey) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro, on 12/5/2012. By Deputy Clerk: Aaron Blazevich. Statement regarding removed action is due by 12/23/2012. Joint Status Report regarding removed action is due by 1/7/2013. (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. A copy of form AO 85 has been mailed to parties not receiving electronic service. (no image attached) (ASB) |
| Case assigned to Judge Gloria M. Navarro and Magistrate Judge Cam Ferenbach. (ASB) |
| Filing 1 PETITION FOR REMOVAL of Complaint to United States District Court from Eighth Judicial District Court, Case Number A-12-671623-C, (Filing fee $ 350 receipt number 0978-2624054), filed by Ford Motor Company. Certificate of Interested Parties due by 12/14/2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Perkins, Casey) |
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