Lewis v. Borg Warner Morse Tec, Inc. et al
| John C. Lewis |
| Borg Warner Morse Tec, Inc., Borg Warner, Ford Motor Company, Honeywell International, Inc., Maremont Corporation, Metropolitan Life Insurance Company, Sears, Roebuck and Co., Dana Companies, LLC, Georgia-Pacific Corporation, Richmond Ford, LLC, Richmond Ford West, LLC and Dominion Short Pump, Inc. |
| 3:2015cv00304 |
| May 19, 2015 |
| US District Court for the Eastern District of Virginia |
| Richmond Office |
| Henrico |
| Robert E Payne |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 1, 2015. A more recent docket listing may be available from PACER.
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Filing 47
STIPULATION OF DISMISSAL that, the Parties, by counsel, pursuant to the Settlement Agreement, hereby stipulate to the dismissal of this action with prejudice as to the DEFENDANT HONEYWELL INTERNATIONAL, INC., pursuant to Fed. R. Civ. P. 41(a). It is so ORDERED. Signed by District Judge Robert E. Payne on 10/01/2015. (walk, )
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Filing 46
STIPULATION OF DISMISSAL that, the Parties, by counsel, hereby stipulate to the dismissal of this action, with prejudice as to the DEFENDANT FORD MOTOR COMPANY, pursuant to Fed. R. Civ. P. 41(a), with the exception that the Court shall retain jurisdiction to enforce the terms of the Memorandum of Understanding Regarding Settlement Agreement. It is so ORDERED. Signed by District Judge Robert E. Payne on 10/01/2015. (walk, )
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| Minute Entry for proceedings held before Magistrate Judge David J. Novak:Settlement Conference held on 9/18/2015. (cgar) |
| Settlement Conference RESET for 9/18/2015 at 09:00 AM in Richmond Judges Chamber before Magistrate Judge David J. Novak. (cgar) |
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Filing 45
ORDER GRANTING #44 Motion by Ford Motor Company for the Admission of Jennifer R. Burbine, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 09/10/2015. (walk, )
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| Filing 44 Motion to appear Pro Hac Vice by Jennifer Burbine and Certification of Local Counsel Davis Walsh Filing fee $ 75, receipt number 0422-4629610. by Ford Motor Company. (Attachments: #1 Pro Hac Vice Form)(Walsh, Davis) |
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Filing 43
ORDER OF DISMISSAL that the Plaintiff having filed a Notice of Dismissal pursuant to Fed. R. Civ. P. 41(a) with the agreed endorsement of the Metropolitan Life Insurance Company, it is hereby ordered that this action is dismissed with prejudice as to the Metropolitan Life Insurance Company. Signed by District Judge Robert E. Payne on 09/08/2015. (walk, )
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Filing 42
ORDER that, upon the agreement of the parties, the defendants, Dominion Short Pump, Inc., Richmond Ford West, LLC, and Richmond Ford, LLC, are hereby dismissed as defendants to this action (please see Order for additional information). It is so ORDERED. Signed by District Judge Robert E. Payne on 08/02/2015. (walk, )
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| Filing 41 Amended NOTICE of Voluntary Dismissal by John C. Lewis. (Coletrane, Frederick). Modified docket entry on 09/03/2015. (walk, ). |
| Notice of Correction re: Document #39 ; the filing user has been reminded that the all documents filed electronically must include /s/ signature blocks instead of personal signatures. The filing user has notified the Clerk's Office that an amended document will be filed and that a paper Agreed Order will be sent via overnight mail. (walk, ) |
| Notice of Correction re: Document #23 ; the filing user has been notified that the attorney referenced in the Notice of Appearance must file the document. The filing user has notified the Clerk's Office that the attorney referenced in the Notice of Appearance has decided not to note an appearance in this case. (walk, ) |
| Filing 40 TRANSCRIPT of proceedings held on September 1, 2015, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/2/2015. Redacted Transcript Deadline set for 11/2/2015. Release of Transcript Restriction set for 12/1/2015.(peterson, peppy) |
| Filing 39 NOTICE of Voluntary Dismissal Notice of Dismissal by John C. Lewis (Coletrane, Frederick) |
| Minute Entry for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 9/1/2015. (Court Reporter Peppy Peterson, OCR.)(khan, ) |
| Filing 38 Rule 26 Disclosure by John C. Lewis. (Coletrane, Frederick) |
| Notice of Correction re: Document #36 ; the filing user has been notified that page one is incomplete and that the filing user's login does not match the signature on the document. The filing user must refile the document with the filing user's signature block, or the attorney whose signature block appears on the document must refile the document. Page one must also be completed. (walk, ). REGENERATED NEF on 09/01/2015. (walk, ). |
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Filing 37
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. The Court has scheduled this case for a settlement conference on 09/18/2015 at 9:30 a.m. At that time, the parties shall report to the chambers of Magistrate Judge David J.Novak (please see Order for additional information). It is so ORDERED. Signed by Magistrate Judge David J. Novak on 08/25/2015. (walk, )
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| Settlement Conference set for 9/18/2015 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge David J. Novak. (cgar) |
| Minute Entry for proceedings held before District Judge Robert E. Payne:In Chambers Conference held on 8/24/2015. (Court Reporter Peppy Peterson, OCR.)(khan, ) |
| Filing 36 NOTICE of Appearance by Kevin Patrick Greene on behalf of Honeywell International, Inc. (Greene, Kevin) |
| Filing 35 Notice of Hearing Date Notice of Telephonic Hearing set for August 27, 2015 re #33 Order. (Coletrane, Frederick). Modified docket entry on 08/21/2015. (walk, ). |
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Filing 34
ORDER that the settlement conference is referred to U.S. Magistrate Judge David J. Novak; counsel shall be responsible for contacting Magistrate Judge Novak's chambers within five (5) days of the date of this Order to schedule the conference to occur within the fifty-day period required by the Scheduling Order or at such other time as Magistrate Judge Novak shall approve. (See Order for details). Signed by District Judge Robert E. Payne on 8/19/2015. (jtho, )
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Filing 33
ORDER that at the Initial Pretrial conference on August 18, 2015, that the interest of justice and judicial efficiency will be served thereby, it is ORDERED that the plaintiff's claims against Metropolitan Life Insurance Company shall be severed for all purposes of trial; and it is further ORDERED that counsel for plaintiff and Metropolitan Life Insurance Company shall convene and discuss whether the case will be resolved by compromise. Plaintiff's counsel shall confer by telephone conference to be arranged by plaintiff's counsel at 2:00 p.m. on August 27, 2015 to advise whether the case is to be settled or a trial date needs to be set. SEE ORDER FOR COMPLETE DETAILS. Signed by District Judge Robert E. Payne on 8/20/15. (jtho, )
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Filing 32
SCHEDULING ORDER. (SEE ORDER AND SCHEDULE A FOR DEADLINES). Signed by District Judge Robert E. Payne on 8/20/15. (Attachments: #1 Pretrial Schedule A)(jtho, )
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Filing 31
ORDER that at the Initial Pretrial Conference on August 18, 2015, it is hereby ORDERED that the Clerk shall issue the Scheduling Order and its attached Pretrial Schedule A. It is further ORDERED that the case will be tried by a jury beginning at 9:30 a.m. on November 9, 2015 and will continue approximately two weeks thereafter until concluded. See Order for complete details and deadlines. Signed by District Judge Robert E. Payne on 8/20/15. (jtho, )
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| Filing 30 CERTIFICATE of Service re #24 Notice of Appearance by William Delaney Bayliss on behalf of Honeywell International, Inc. (Bayliss, William) |
| Filing 29 CERTIFICATE of Service re #23 Notice of Appearance by Monica L Mroz on behalf of Metropolitan Life Insurance Company (Mroz, Monica) |
| Filing 28 CERTIFICATE of Service re #22 Notice of Appearance by Monica L Mroz on behalf of Metropolitan Life Insurance Company (Mroz, Monica) |
| Case referred to Magistrate Judge David J. Novak for settlement purposes only per Order entered 8/20/15. (jtho, ) |
| Notice of Correction re: Document #24 ; the filing user has been requested to file a separate Certificate of Service and link it to Document #24 . (walk, ) |
| Notice of Correction re: Documents #22 and #23 ; the filing user has been requested to file a Certificate of Service and link it to documents #22 and #23 . (walk, ) |
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Filing 27
**DISREGARD FILING** (DUPLICATE FILING - SEE PRETRIAL ORDER #26 ). Signed by District Judge Robert E. Payne on 8/18/15. (khan, ) Modified to correct text on 8/20/2015 (jtho, ).
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Filing 26
PRETRIAL ORDER. Signed by District Judge Robert E. Payne on 8/18/15. (khan, )
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| Filing 25 Minute Entry for proceedings held before District Judge Robert E. Payne:Initial Pretrial Conference held on 8/18/2015. (khan, ) |
| Filing 24 NOTICE of Appearance by William Delaney Bayliss on behalf of Honeywell International, Inc. (Bayliss, William) |
| Set/Reset Hearings: Final Pretrial Conference set for 11/2/2015 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. (khan, ) |
| Set/Reset Hearings: Jury Trial set for 11/9/2015 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (khan, ) |
| Filing 23 NOTICE of Appearance by Monica L Mroz on behalf of Metropolitan Life Insurance Company (Mroz, Monica) |
| Filing 22 NOTICE of Appearance by Monica L Mroz on behalf of Metropolitan Life Insurance Company (Mroz, Monica) |
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Filing 21
ORDER GRANTING #19 Motion by John C. Lewis for the Admission of Gary M. DiMuzio, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 08/17/2015. (walk, )
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| Set/Reset Hearings: Initial Pretrial Conference set for 8/18/2015 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. (khan, ) |
| Filing 20 NOTICE of Appearance by Davis Michael Walsh on behalf of Ford Motor Company (Walsh, Davis) |
| Filing 19 Motion to appear Pro Hac Vice by Gary Martin DiMuzio and Certification of Local Counsel F. Alex Coletrane Filing fee $ 75, receipt number 0422-4580214 by John C. Lewis. (Harty, William). (Document #19 REPLACED on 08/13/2015 and forwarded to REP chambers for signature. NEF regenerated). (walk, ). |
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Filing 18
ORDER denying without prejudice #3 Motion to Remand to State Court. It is hereby ORDERED that discovery on the merits of the case shall proceed and the parties shall attend an Initial Pretrial Conference at 10:00 a.m. August 18, 2015, for the purpose of setting a trial date and discovery program that shall include giving priority to discovery necessary to decide the jurisdictional issues presented by the Motion to Remand. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 08/05/2015. (tjoh, )
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| Filing 17 NOTICE of Appearance by Joseph Earl Blackburn, III on behalf of Honeywell International, Inc. (Blackburn, Joseph) |
| Filing 16 NOTICE of Appearance by Lynn Kanaga Brugh, IV on behalf of Honeywell International, Inc. (Brugh, Lynn) |
| Filing 15 Rebuttal Brief re #3 First MOTION to Remand to State Court Plaintiff's Rebuttal to Ford Motor Company's Response in Opp to Plaintiff's Motion for Remand filed by John C. Lewis. (Harty, William) |
| Filing 14 RESPONSE in Opposition re: #3 First MOTION to Remand to State Court filed by Ford Motor Company. (Attachments: #1 Affidavit Exhibit 1 (Supplemental Affidavit of Richard V.W. Adams), #2 Exhibit A to Adams Affidavit, #3 Exhibit B to Adams Affidavit, #4 Exhibit C to Adams Affidavit, #5 Exhibit D to Adams Affidavit, #6 Exhibit E to Adams Affidavit, #7 Exhibit F to Adams Affidavit, #8 Exhibit G to Adams Affidavit, #9 Exhibit H to Adams Affidavit). (Beaulieu, Richard). Modified docket entry on 06/17/2015. (walk, ). |
| Filing 13 DEMAND for Trial by Jury by John C. Lewis. (Harty, William) |
| Filing 12 NOTICE by John C. Lewis of Filing of Additional Exhibits in Support of Declaration of William W.C. Hardy, Esq. re: #5 Declaration re: #4 Memorandum in Support of #3 Motion to Remand to State Custody. (Attachments: #1 Exhibit 4, #2 Exhibit 12, Part 1, #3 Exhibit 12, Part 2, #4 Exhibit 12, Part 3, #5 Exhibit 12, Part 4 and #6 Exhibit 12, Part 5). (Harty, William). Modified docket entry on 06/09/2015.(walk, ). |
| Notice of Correction re: Documents #6 , #7 , #8 , #9 , #10 & #11 ; the filing user has been notified that the additional exhibits in support of document #5 should have been included as separate attachments to a single document titled: "Notice of Filing of Additional Exhibits in Support of Declaration of William W.C. Hardy, Esq." The filing user has been requested to file the "Notice of Filing of Additional Exhibits in Support of Declaration of William W.C. Hardy, Esq." using the filing event "Notice Other," include a Certificate of Service, include the exhibits as separate attachments, and link the 'Notice of Filing' to document #5 . (walk, ) |
| Filing 11 EXHIBIT Exhibit 12 Part 5 by John C. Lewis.. (Harty, William) |
| Filing 10 EXHIBIT Exhibit 12 Part 4 by John C. Lewis.. (Harty, William) |
| Filing 9 EXHIBIT Exhibit 12 Part 3 by John C. Lewis.. (Harty, William) |
| Filing 8 EXHIBIT Exhibt 12 Part 2 by John C. Lewis.. (Harty, William) |
| Filing 7 EXHIBIT #12 Part 1 by John C. Lewis.. (Harty, William) |
| Filing 6 EXHIBIT # 4 to Declaration by John C. Lewis.. (Harty, William) |
| Filing 5 Declaration re #4 Memorandum in Support of Motion for Remand by John C. Lewis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Harty, William) |
| Filing 4 Memorandum in Support re #3 First MOTION to Remand to State Court filed by John C. Lewis. (Harty, William) |
| Filing 3 First MOTION to Remand to State Court by John C. Lewis. (Harty, William) |
| Filing 2 Corporate Disclosure Statement (Local Rule 7.1) by Ford Motor Company. (walk, ) |
| Filing 1 NOTICE OF REMOVAL filed by Ford Motor Company from Powhatan Circuit Court, Case Number: 145CL14000200-00. (Filing Fee Paid: $400.00, Receipt Number: 34683029270.) (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Civil Cover Sheet and #13 Receipt). (walk, ). Modified docket entry on 05/19/2015 and regenerated NEF. (walk, ) |
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