McDaniel v. Bingham et al
| Wendy McDaniel |
| Marc C. Bingham, BBP Air and Innes, James Ian Stanley the Estate of |
| Jean P. Hendrickson |
| 2:2009cv00245 |
| March 18, 2009 |
| US District Court for the District of Utah |
| Airplane Office |
| Utah |
| Tena Campbell |
| Airplane |
| 28 U.S.C. § 1332 Diversity-Airline Crash |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2010. A more recent docket listing may be available from PACER.
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| Filing 56 NOTICE OF FILING of Acceptance of Service of Summons and Complaint filed by Defendants BBP Air, Marc C. Bingham. Case is closed and document is styled for state court, however this court's case number is in caption (alt) |
Filing 55
ORDER granting #54 Stipulated Motion to Dismiss Without Prejudice - CASE CLOSED. Magistrate Judge Samuel Alba no longer assigned to case. Signed by Judge Tena Campbell on 7/21/10 (alt)
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| Filing 54 MOTION to Dismiss filed by Plaintiff Wendy McDaniel. (Attachments: #1 Text of Proposed Order)(Burbidge, Richard) |
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Filing 53
ORDER finding as moot #50 Motion for Scheduling Order; granting #52 Motion for Extension of Time. Signed by Magistrate Judge David Nuffer on 5/22/10 (alt)
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| Filing 52 Stipulated MOTION for Extension of Time amending pleadings and joining additonal parties filed by Plaintiff Wendy McDaniel. Motions referred to Samuel Alba.(Burbidge, Richard) |
| Reset Deadlines per #53 Order: Amended Pleadings due by 6/7/10-pla, 6/21/2010-dft. Joinder of Parties due by 6/7/10-pla, 6/21/2010-dft. (alt) |
| Filing 51 ERRATA to #50 Stipulated MOTION for Scheduling Order TO EXTEND DEADLINES FOR FILING MOTIONS TO AMEND PLEADINGS AND ADD PARTIES filed by Plaintiff Wendy McDaniel. (Attachments: #1 Exhibit A)(Burbidge, Richard) |
| Filing 50 Stipulated MOTION for Scheduling Order TO EXTEND DEADLINES FOR FILING MOTIONS TO AMEND PLEADINGS AND ADD PARTIES filed by Plaintiff Wendy McDaniel. (Attachments: #1 Text of Proposed Order) Motions referred to Samuel Alba.(Burbidge, Richard) |
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Filing 49
AMENDED SCHEDULING ORDER granting #48 Motion for Amended Scheduling Order: Amended Pleadings due by 5/7/2010. Joinder of Parties due by 5/7/2010. Discovery due by 11/5/2010. Motions due by 12/3/2010. Final Pretrial Conference set for 4/18/2011 03:00 PM in Room 230 before Judge Tena Campbell. 10-day Jury Trial set for 5/9/2011 08:30 AM in Room 230 before Judge Tena Campbell. Signed by Magistrate Judge David Nuffer on 3/17/10 (alt)
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| Filing 48 Plaintiff's MOTION for Scheduling Order (to amend) filed by Plaintiff Wendy McDaniel. (Attachments: #1 Text of Proposed Order) Motions referred to Samuel Alba.(Burbidge, Richard) |
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Filing 47
ORDER granting #46 Motion for Extension of Time to Respond to Discovery Requests. Signed by Magistrate Judge Samuel Alba on 3/8/10 (alt)
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| Filing 46 Plaintiff's MOTION for Extension of Time to Complete Discovery filed by Plaintiff Wendy McDaniel. (Attachments: #1 Text of Proposed Order to extend time to respond to discovery) Motions referred to Samuel Alba.(Burbidge, Richard) |
| Filing 45 STIPULATION to extend Deadline to Respond to Discovery by Wendy McDaniel. (Attachments: #1 Text of Proposed Order to Extend Deadlines)(Burbidge, Richard) |
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Filing 44
STIPULATED PROTECTIVE ORDER re Confidential Discovery. Signed by Judge Tena Campbell on 2/25/10 (Attachments: #1 Checklist for Filing Documents Under Seal) (alt)
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| Filing 43 Clerk's ENTRY OF DEFAULT CERTIFICATE as to Innes, James Ian Stanley the Estate of (alt) |
| Filing 42 MEMORANDUM in Support re #41 MOTION for Entry of Default as to Defendant The Estate of James Ian Stanley Innes filed by Plaintiff Wendy McDaniel. (Burbidge, Richard) |
| Filing 41 MOTION for Entry of Default as to Defendant The Estate of James Ian Stanley Innes filed by Plaintiff Wendy McDaniel. (Attachments: #1 Text of Proposed Order Default Certificate) Motions referred to Samuel Alba.(Burbidge, Richard) |
| Filing 40 NOTICE of Stricken Hearing re 38 Notice of Hearing on Motion to Quash Subpoena. Defendants have withdrawn th e subpoenas duces tecum. Hearing set for 9/8/09 at 10:00am has been stricken (ss) |
| Filing 39 NOTICE of Withdrawal of Subpoena Duces Tecum by BBP Air (Epperson, David) |
| Filing 38 NOTICE OF HEARING ON MOTION re: #35 MOTION to Quash Subpoenas Duces Tecum: Motion Hearing set for 9/8/2009 10:00 AM in Room 248 before Magistrate Judge Samuel Alba. (cas) |
| Filing 37 MEMORANDUM in Support re #35 MOTION to Quash Subpoenas Duces Tecum filed by Movant Jean P. Hendrickson. (Attachments: #1 Exhibit A Subpoenas Duces Tecum)(Hendrickson, Jean) |
| Filing 36 RE-FILED CORRECTLY AS #37 MEMORANDUM - MOTION to Quash Subpoenas filed by Movant Jean P. Hendrickson. (Attachments: #1 Exhibit A Subpoenas Duces Tecum) Motions referred to Samuel Alba.(Hendrickson, Jean) Modified on 8/20/2009: added re-filing info (alt) |
| Filing 35 MOTION to Quash Subpoenas Duces Tecum filed by Movant Jean P. Hendrickson. Motions referred to Samuel Alba.(Hendrickson, Jean) |
| Modification of Docket re #36 MOTION to Quash Subpoenas. Error: Wrong filing event was selected. Correction: Filer re-filed document correctly as #37 Memo in Support (alt) |
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Filing 34
SCHEDULING ORDER: Amended Pleadings due by 12/11/2009; Joinder of Parties due by 12/11/2009; Discovery due by 5/24/2010; Motions due by 6/25/2010; Final Pretrial Conference set for 1/3/2011 03:00 PM in Room 230 before Judge Tena Campbell; 10-day Jury Trial set for 1/18/2011 08:30 AM in Room 230 before Judge Tena Campbell. Signed by Magistrate Judge David Nuffer on 7/17/09 (alt)
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| Filing 33 NOTICE of Inspection of Helicopter Wreckage by Wendy McDaniel (Attachments: #1 Exhibit E-mail from Defendants' Counsel Confirming Inspection) (Burbidge, Richard) |
| Filing 31 NOTICE of VACATING HEARING. The continuation of the initial pretrial conference scheduled to commence Friday, July 10, 2009 at 1:00 p.m. before Magistrate Judge Nuffer is VACATED. (asb) |
| Filing 30 Minute Entry for proceedings held before Magistrate Judge David Nuffer: Initial Pretrial Conference held on 7/8/2009. After a discussion with counsel, the court sets scheduling order dates. Mr. Burbidge will file a proposed scheduling order. Counsel stipulate that there will be no removal or destructive testing during site visit. The court continues hearing to 07/10/09 @ 1:00 p.m. Attorney for Plaintiff: Richard Burbidge, Esq., Attorney for Defendant David Epperson, Esq. Court Reporter: liberty court recorder.(Time Start: 11:50, Time End: 12:05, Room 477.) (tab) |
| Filing 29 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Burbidge, Richard) |
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Filing 28
WRITTEN ORDER FOLLOWING 24 Minute Entry denying Motion for More Definite Statement (oral order of 5/27/09). Signed by Magistrate Judge Samuel Alba on 6/12/09 (alt)
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| Filing 27 ANSWER to #1 Complaint filed by Marc C. Bingham, BBP Air.(Epperson, David) |
| Filing 26 RE-FILED AS #27 ANSWER - ANSWER to #1 Complaint filed by Marc C. Bingham.(Epperson, David) Modified on 6/12/2009: added re-filing info (alt) |
| Filing 25 Defendants Bingham and BBP Air ANSWER to #1 Complaint filed by Marc C. Bingham.(Epperson, David) |
| Filing 24 Minute Order. Proceedings held before Magistrate Judge Samuel Alba: Counsel present for parties. Argument heard on the motion for more definite statements. Court made findings on the record and DENIED the motion. Court instructed an answer to be filed and to hold their attorneys planning meeting. The answer due 6/12/09. The APR due 6/22/09. Mr. Burbidge to prepare the order. Court adjourned. denying #9 Motion for More Definite Statement; Motion Hearing held on 5/27/2009 re #9 MOTION for More Definite Statement MOTION for More Definite Statement filed by BBP Air. Written Order to follow oral order: Yes. Attorney for Plaintiff: Andrew Dymek & Richard Burbidge, Attorney for Defendant Derrick Hahn & David Epperson. Court Reporter: Electronic.(Time Start: 9:50:11, Time End:9:56:19, Room 248.) (asb) |
| Filing 23 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 7/8/2009 11:30 AM in Room 477 before Magistrate Judge David Nuffer. (tab) |
| Filing 20 NOTICE OF HEARING ON MOTION re: #9 MOTION for More Definite Statement: Motion Hearing set for 5/27/2009 10:00 AM in Room 248 before Magistrate Judge Samuel Alba. (cas) |
| Motions No Longer Referred to Judge Alba: #7 MOTION for Admission Pro Hac Vice of Derrick J. Hahn and Consent from Local Counsel, Registration fee $15, receipt number 24VDPP5D, #11 Defendant's MOTION to Strike. These matters are before Judge Campbell. (cas) |
| Filing 22 MEMORANDUM in Support re #21 MOTION for Sanctions filed by Plaintiff Wendy McDaniel. NOTE this was originally filed as doc #19 which is in support of motion #18 for scheduling. (las) |
| Filing 21 MOTION for Sanctions re: Discovery filed by Plaintiff Wendy McDaniel. PLEASE NOTE: This was filed with the motion re scheduling #18 . Motions referred to Samuel Alba.(las) |
| Filing 19 MEMORANDUM in Support re #18 MOTION for Scheduling Order for Pretrial Conference, Entry of a Scheduling Order, An Order Allowing Discovery to Commence, and for Sanctions filed by Plaintiff Wendy McDaniel. (Attachments: #1 Exhibit Letter, #2 Exhibit Proposed Attorney Planning Meeting Report, #3 Exhibit Letter, #4 Exhibit Letter, #5 Exhibit Discovery Requests)(Burbidge, Richard) |
| Filing 18 MOTION for Scheduling Order for Pretrial Conference, Entry of a Scheduling Order, An Order Allowing Discovery to Commence, and for Sanctions filed by Plaintiff Wendy McDaniel. Motions referred to Samuel Alba.(Burbidge, Richard) |
| Filing 17 Plaintiff's MEMORANDUM in Opposition re #11 Defendant's MOTION to Strike filed by Plaintiff Wendy McDaniel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burbidge, Richard) |
| Filing 16 Plaintiff's MEMORANDUM in Opposition re #9 MOTION for More Definite Statement MOTION for More Definite Statement filed by Plaintiff Wendy McDaniel. (Burbidge, Richard) |
| Filing 15 SERVICE by Publication filed by Wendy McDaniel. Last publication date 04/09/2009. (Attachments: #1 Exhibit Affidavit of Publication from Media One)(Dymek, Andrew) |
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Filing 14
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Samuel Alba under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Samuel Alba. So Ordered by Judge Tena Campbell on 4/23/09 (docket text order only - no attached document) (alt)
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| Filing 13 Modification of Docket: re #9 MOTION for More Definite Statement, #10 Memorandum in Support of Motion. NOTE: this entry originally included a MOTION for Certificate of Appealability. This incorrectly chosen motion has been terminated and the docket text has been modified: MOTION for More Definite Statement filed by Defendant BBP Air. Modified on 4/22/2009 by removing the reference to Motion for Certificate of Appealability (ce) |
| Filing 12 Defendant's MEMORANDUM in Support re #11 Defendant's MOTION to Strike filed by Defendant BBP Air. (Epperson, David) |
| Filing 11 Defendant's MOTION to Strike filed by Defendant BBP Air. (Epperson, David) |
| Filing 10 MEMORANDUM in Support re #9 MOTION for More Definite Statement filed by Defendant BBP Air. (Epperson, David) Modified on 4/22/2009 by removing the reference to Motion for Certificate of Appealability (ce). |
| Filing 9 MOTION for More Definite Statement filed by Defendant BBP Air. (Epperson, David) Modified on 4/22/2009 by removing the reference to Motion for Certificate of Appealability (ce). |
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Filing 8
ORDER granting #6 Motion for Admission Pro Hac Vice of Derrick J. Hahn for Marc C. Bingham and BBP Air. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Tena Campbell on 4/20/09. (jwt)
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| Filing 7 Duplicate of motion #6 MOTION for Admission Pro Hac Vice of Derrick J. Hahn and Consent from Local Counsel, Registration fee $ 15, receipt number 10880000000000874648 (pay.gov tacking number)24VDPP5D, filed by Defendant BBP Air. (Attachments: #1 Text of Proposed Order Order for Pro Hac Vice, #2 Text of Proposed Order Order for Pro Hac Vice)(Epperson, David) Modified on 6/5/2009 (rak) - added correct receipt number and noted duplication . |
| Filing 6 MOTION for Admission Pro Hac Vice of Derrick J. Hahn and Consent from Local Counsel, Registration fee $ 15, receipt number 10880000000000874648, filed by Defendant Marc C. Bingham. (Epperson, David) |
| Filing 5 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy McDaniel as to Marc C. Bingham served on 4/1/2009, answer due 4/21/2009. (Burbidge, Richard) |
| Filing 4 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy McDaniel as to BBP Air served on 4/1/2009, answer due 4/21/2009. (Burbidge, Richard) |
| Filing 3 ACKNOWLEDGMENT OF SERVICE Executed by Kent Collins, Personal Representative of the Estate of James Ian Stanley Innes Acknowledgment filed by Wendy McDaniel.Innes, James Ian Stanley the Estate of served on 3/25/2009, answer due 4/14/2009. (Burbidge, Richard) |
| Filing 2 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Marc C. Bingham, BBP Air, Innes, James Ian Stanley the Estate of.Instructions to Counsel:1. Log into CM/ECF (Not PACER) before clicking on the document number2. Print the issued summons for service. (Attachments: #1 Summons - Marc Bingham, #2 Summons - BBP Air)(jlw) |
| Filing 1 COMPLAINT against Marc C. Bingham, BBP Air, Innes, James Ian Stanley the Estate of (Filing fee $ 350, receipt number 4681029507), filed by Wendy McDaniel. (Attachments: #1 Civil Cover Sheet) Assigned to Judge Tena Campbell (bhw) |
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