Schwering et al v. TRW Vehicle Safety Systems Inc et al
| Kenneth M. Schwering |
| TRW Vehicle Safety Systems Inc and Ford Motor Company, Inc. |
| 1:2010cv00679 |
| September 30, 2010 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Sandra S Beckwith |
| Stephanie K Bowman |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2013. A more recent docket listing may be available from PACER.
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| Filing 53 Notice from Supreme Court of the United States. The petition for a writ of certiorari was denied on 6/10/2013. (jlw) |
| Filing 52 Notice from Supreme Court of the United States. The petition for a writ of certiorari was filed on 4/25/2013 and placed on the docket on 4/30/2013 as case number 12-1297. (jlw) |
| Filing 51 MANDATE of USCA as to #47 Notice of Appeal filed by Kenneth M. Schwering (jlw) |
| Filing 50 USCA INFORMATION COPY re #47 Notice of Appeal : Affirming the district court's order of dismissal. (jlw) |
| USCA Case Number 12-3725 for #47 Notice of Appeal filed by Kenneth M. Schwering. Laura A. Jones, Case Manager (jlw) |
| Filing 49 TRANSCRIPT REQUEST by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering (Denney, Richard) |
| Filing 48 NOTICE of Filing Signature Page re #47 Notice of Appeal by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering (Barrett, Lydia) Modified to clarify docket text on 6/13/2012 (jlw). |
| Notice of Correction re #47 Notice of Appeal: The document was not signed by counsel. Counsel is to submit a notice of filing signature page, using the event Notice (Other), and link it back to the Notice of Appeal. (lk) |
| USCA Appeal Fees received $455 receipt number 100CIN15473 re #47 Notice of Appeal filed by Kenneth M. Schwering. (mtw) |
| Filing 47 NOTICE OF APPEAL as to #46 Judgment, #45 Order on Motion for Miscellaneous Relief, by Plaintiff Kenneth M. Schwering. Filing fee $ 455. (Barrett, Lydia) |
| Filing 46 JUDGMENT by clerk. Case Terminated. (mb) |
Filing 45
ORDER denying #40 Motion to disregard answer of the Ohio Supreme Court; granting motion to lift stay; granting #43 Renewed Motion to Dismiss. The complaint is dismissed with prejudice. Signed by Judge Sandra S Beckwith on 5/17/12. (mb)
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| Filing 44 JUDGMENT ENTRY FROM SUPREME COURT OF OHIO - This cause, here on the certification of a state law question from the United States District Court, Southern District of Ohio, Western Division, was considered in the manner prescribed by law. Upon consideration thereof, it is ordered by the court that the certified question is answered in the negative, consistent with the opinion rendered herein. (sc1)(Hard copy sent via ordinary mail to Cinn ofice.) |
| Filing 43 Defendants' Joint Motion to Lift Stay re #35 Order, and for Renewal of Their Motions to Dismiss. (Glass, Gary) Modified on 4/30/2012 (mb). |
| Filing 42 RESPONSE in Opposition re #40 MOTION Disregard The Answer of the Ohio Supreme Court to the Certified Question Filed Jointly With TRW Safety Systems Inc. filed by Defendant Ford Motor Company, Inc.. (Glass, Gary) |
| Filing 41 Supplemental Memorandum Supporting re #40 MOTION Disregard The Answer of the Ohio Supreme Court to the Certified Question by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Exhibit B) (Schlemmer, Arthur) |
| Filing 40 MOTION Disregard The Answer of the Ohio Supreme Court to the Certified Question by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Exhibit A) (Schlemmer, Arthur) |
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NOTATION ORDER granting #38 Plaintiff's Motion to Lift Stay imposed on 3/14/11 so that he may file a supplemental response with regard to certifying the question of Rule 41(A)(1)(a) refiling to the Ohio Supreme Court INCORPORATED AS THE ATTACHED MEMO IN DOC. 38. Signed by Judge Sandra S Beckwith on 4/19/11. (mb)
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| Filing 39 ACKNOWLEDGMENT OF SERVICE Executed as to #36 Certification of Issue to State Court. Green card returned signed for Office of the Clerk, Ohio Supreme Court (jlw1) |
| Filing 38 MOTION Lift Stay for Supplemental Response re #35 Order by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Exhibit Motion to Reinstate Filed in Mistried Case, #2 Exhibit Defense Expert Report, #3 Exhibit Hearing Transcript) (Denney, Richard) |
| Filing 37 CERTIFICATE of Mailing: A certified copy of #36 Certification order was sent Certified mail to the Ohio Supreme Court on this day March 14, 2011. (jlw1) |
| Filing 36 CERTIFICATION of Issue to the Ohio Supreme Court. Signed by Judge Sandra S Beckwith on 3/14/11. (mb) |
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Filing 35
ORDER: This case is STAYED pending resolution of the certified question by the Supreme Court of Ohio. Motions (docs. 12, 14 & 27) are denied subject to renewal. Signed by Judge Sandra S Beckwith on 3/14/11. (mb) Modified on 3/18/2011 (mb). Modified on 3/18/2011 (mb).
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| Filing 34 BRIEF re #31 Order, by Defendant TRW Vehicle Safety Systems Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Brogdon, Aaron) |
| Filing 33 BRIEF re #31 Order, by Defendant Ford Motor Company, Inc.. (Attachments: #1 Exhibit A-G, #2 Exhibit H-N) (Glass, Gary) |
| Filing 32 BRIEF re #31 ORDER filed by Plaintiffs Kenneth M. Schwering. (Schlemmer, Arthur) Modified to clarify docket text on 3/9/2011 (jlw1). |
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Filing 31
ORDER: The parties are to file briefs by 3/10/11 setting forth their positions on certifying the question of whether the state trial court's declaration of a mistrial reinstates the plaintiff's right to voluntarily dismiss his claims without prejudice pursuant to Ohio Civ. R. 41(A)(1)(a). Signed by Judge Sandra S Beckwith on 3/3/11. (mb)
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| Filing 30 ALIAS SUMMONS Returned Executed as to Defendant TRW Vehicle Safety Systems Inc. TRW Vehicle Safety Systems Inc served on 1/7/2011, answer due 1/28/2011. (jlw1) |
| Filing 29 CERTIFICATE of Clerk: Certified mailing of alias summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (lk1) |
| Filing 28 Alias Summons Issued as to TRW Vehicle Safety Systems Inc. (lk1) |
| Filing 27 MOTION for Leave to File Surreply to Reply Motions by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Schlemmer, Arthur) |
| Filing 26 REPLY to Response to Motion re #14 MOTION to Dismiss Plaintiffs' Complaint filed by Defendant Ford Motor Company, Inc.. (Glass, Gary) |
| Notice of Correction re [FORMER DOC. 25] Response to Motion: Counsel inadvertently filed document as a response to motion instead of a reply to response to motion. Document was removed and counsel to refile using the correct event. (lk1) |
| Filing 25 [FORMER DOC. 25] RESPONSE to Motion re #14 MOTION to Dismiss Plaintiffs' Complaint filed by Defendant Ford Motor Company, Inc.. (Glass, Gary) Modified to remove PDF and terminate document relationships on 12/10/2010 (lk1). |
| Filing 24 REPLY to Response to Motion re #12 MOTION to Dismiss Plaintiff's Complaint filed by Defendant TRW Vehicle Safety Systems Inc. (Brogdon, Aaron) Modified on 12/13/2010 - To reflect 'ORAL ARGUMENT REQUESTED' (tt). |
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Filing 23
ORDER REASSIGNING CASE. Case referral reassigned to Magistrate Judge Stephanie K. Bowman for all further proceedings. Magistrate Judge J. Gregory Wehrman no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 12/6/2010. (ss)
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| Filing 22 RESPONSE in Opposition re #12 MOTION to Dismiss Plaintiff's Complaint, #14 MOTION to Dismiss Plaintiffs' Complaint filed by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Order) (Schlemmer, Arthur) |
| Notice of Correction re:[FORMER DOCUMENT 21] Response to Motion, Counsel filed an unsigned copy of the document. They will refile a signed copy under the correct category. (jlw1) |
| Filing 21 [FORMER DOCUMENT 21] RESPONSE to Motion re #12 MOTION to Dismiss Plaintiff's Complaint, #14 MOTION to Dismiss Plaintiffs' Complaint filed by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: # 1 order) (Schlemmer, Arthur) Modified to remove PDF on 11/23/2010 (jlw1). |
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Filing 20
ORDER granting #18 Motion for Leave for attorney Kevin Schiferl to appear Pro Hac Vice as co-counsel for defendant Ford Motor Company. Signed by Judge Sandra S Beckwith on 11/10/10. (mb)
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Filing 19
ORDER REASSIGNING CASE. Case referral reassigned to Magistrate Judge J. Gregory Wehrman for all further proceedings. Magistrate Judge Timothy S Hogan no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 11/10/2010. (ss)
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| Filing fee: $ 200.00, receipt number 100CIN10015 re #18 Motion for Leave to Appear Pro Hac Vice of Kevin Schiferl. (eh1) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice of Kevin C. Schiferl (Filing fee $ 200) by Defendant Ford Motor Company, Inc.. (Attachments: #1 Exhibit A - Order, #2 Exhibit B - Certificate of Good Standing) (Glass, Gary) (Additional attachment(s) added on 11/10/2010: #3 Filing Fee Receipt) (eh1). |
| Filing 17 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Kevin C. Schiferl. (mr1) |
| Filing 16 Corporate Disclosure Statement by Defendant TRW Vehicle Safety Systems Inc. identifying its corporate parent as TRW Automotive Holdings Corp. (Brogdon, Aaron) Modified to edit text to include corporate parent detail on 11/9/2010 (mr1). |
| Filing 15 Corporate Disclosure Statement by Defendant Ford Motor Company, Inc.. (Glass, Gary) |
| Filing 14 MOTION to Dismiss Plaintiffs' #1 Complaint by Defendant Ford Motor Company, Inc. Responses due by 12/2/2010 (Attachments: #1 Exhibit A and B) (Glass, Gary) Modified to edit text and create link on 11/9/2010 (mr1). |
| Filing 13 NOTICE of Filing Exhibits re #12 MOTION to Dismiss Plaintiff's #1 Complaint by Defendant TRW Vehicle Safety Systems Inc (Attachments: #1 Exhibit A, #2 Exhibit B) (Brogdon, Aaron) Modified to edit text for clarity on 11/9/2010 (mr1). |
| Filing 12 MOTION to Dismiss Plaintiff's #1 Complaint by Defendant TRW Vehicle Safety Systems Inc. Responses due by 12/2/2010 (Brogdon, Aaron) Modified to create link and edit text on 11/9/2010 (mr1). |
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Filing 11
ORDER granting [5-9] Motions for Leave for attorneys Robinson, Barrett, Denney, Brinly & Eynon to Appear Pro Hac Vice as Co-Counsel for plaintiff. Signed by Judge Sandra S Beckwith on 11/1/10. (mb) Modified on 11/2/2010 (mb).
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| Filing 10 NOTICE by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering re Notice of Corrective Docket Entry, (Attachments: #1 COGS - Jason Eric Robinson, #2 COGS - Lydia JoAnn Barrett, #3 COGS - Richard L. Denney) (Hinegardner, Charles) |
| Notice of Correction re: #7 MOTION for Leave to Appear Pro Hac Vice of Richard L. Denney #5 MOTION for Leave to Appear Pro Hac Vice of Jason Eric Robinson #6 MOTION for Leave to Appear Pro Hac Vice of Lydia JoAnn Barrett, Counsel will file a Certificate of Good Standing for each attorney. (jlw1) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice of Richard S. Eynon (Filing fee $ 200) by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Order, #2 Certificate in Good Standing) (Hinegardner, Charles) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice of David M. Brinley (Filing fee $ 200) by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Order, #2 Certificate of Good Standing) (Hinegardner, Charles) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice of Richard L. Denney (Filing fee $ 200) by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Order) (Hinegardner, Charles) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice of Lydia JoAnn Barrett (Filing fee $ 200) by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Order) (Hinegardner, Charles) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice of Jason Eric Robinson (Filing fee $ 200) by Plaintiffs Kenneth M. Schwering, Kenneth M. Schwering. (Attachments: #1 Order) (Hinegardner, Charles) |
| Filing 4 SUMMONS Returned Executed upon Defendants Ford Motor Company, Inc. served on 10/18/2010, answer due 11/8/2010; TRW Vehicle Safety Systems Inc served on 10/18/2010, answer due 11/8/2010. (eh1) |
| Filing 3 CERTIFICATE of Clerk : Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (jlw) |
| Filing 2 Summons Issued as to Ford Motor Company, Inc., TRW Vehicle Safety Systems Inc. (jlw) |
| Filing 1 COMPLAINT with JURY DEMAND filed by Kenneth M. Schwering(Personal Representative of the Estate ) and Kenneth M. Schwering(Individually) against Ford Motor Company, Inc. and TRW Vehicle Safety Systems, Inc. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt) (eh1) |
| Filing fee: $ 350.00, receipt number 100CIN9638 (eh1) |
| This case is referred to Magistrate Judge Timothy S. Hogan. (eh1) |
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