Below, Joshua et al v. Yokohama Tire Corporation et al
Plaintiff: Joshua J. Below, Charlie Elizabeth Below, Patrick Joshua Below and Dean Health Plan, Inc.
Defendant: Yokohama Tire Corporation, Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Tire Manufacturing Virginia, LLC and Yokohama Rubber Company, Ltd.
Intervenor Plaintiff: Star Blue Below-Kopf
Case Number: 3:2015cv00529
Filed: August 20, 2015
Court: US District Court for the Western District of Wisconsin
Office: Madison Office
County: Dane
Presiding Judge: William M Conley
Referring Judge: Stephen L Crocker
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on May 12, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2017 Opinion or Order Filing 302 OPINION AND ORDER granting #301 Unopposed Motion to Seal Certain Trial Exhibits and Portions of the Trial Transcript. The clerk's office is directed to maintain the trial transcript at dkt. #299 under seal. Defendants' redacted version of the trial transcript (dkt. #301 -1) is ACCEPTED. Signed by District Judge William M. Conley on 5/12/2017. (kwf)
April 18, 2017 Opinion or Order Filing 301 Unopposed Motion to Seal Certain Trial Exhibits and Portions of the Trial Transcript by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Exhibit A - Transcript from Jury Trial, March 7, 2017) (Taylor, Raphael) Modified on 4/18/2017: Added exhibit description. (lak)
April 5, 2017 Opinion or Order Filing 300 Notice of Intent to Request Redaction by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #299 Transcript, and Intent to File a Motion to Seal. (Taylor, Raphael) Modified on 4/5/2017. (lak)
March 29, 2017 Opinion or Order Filing 299 Transcript Excerpt from Jury Trial, Examination of Gerhard Veldman, held 3/7/2017 before District Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (kwf)
March 16, 2017 Opinion or Order Filing 298 Stipulation (Agreed) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 3/17/2017: Corrected docketing event. (lak)
March 16, 2017 Opinion or Order Filing 297 Transcript Excerpt from Jury Trial, Examination of Gary Derian, held 3/7/2017 before District Judge William M. Conley. Court Reporter: JD. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (kwf)
March 14, 2017 Opinion or Order Filing 296 Transcript Excerpt from Jury Trial, Continued Examination of Gary Derian, held 3/7/2017 before District Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc)
March 10, 2017 Opinion or Order Filing 295 JUDGMENT entered in favor of Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC dismissing the case. (WMC/PAO) (arw)
March 9, 2017 Opinion or Order Filing 294 ORDER denying reserved portions of #72 Motion for Relief Due to Spoliation of Evidence; denying as moot any other pending motions. The clerk of court is directed to enter final judgment consistent with the court's ruling on summary judgment and the jury's trial verdict. Signed by District Judge William M. Conley on 3/9/2017. (kwf)
March 9, 2017 Opinion or Order Filing 293 Court Exhibits. (Attachments: #1 Exhibit 1 - Note from Juror #5, #2 Exhibit 2 - Question from Jury, #3 Exhibit 3 - Question from Jury, #4 Exhibit 4 - Questions from Jury, #5 Exhibit 5 - Question from Jury, #6 Exhibit 6 - Questions from Jury, #7 Exhibit 7 - Question from Jury, #8 Exhibit 8 - Questions from Jury, #9 Exhibit 9 - Question from Jury with Response from Court, #10 Exhibit 10 - Note from Jury Regarding Verdict) (kwf)
March 9, 2017 Opinion or Order Filing 292 Jury Verdict - Liability: Verdict returned in favor of Defendants Yokohama Tire Corporation, Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Tire Manufacturing Virginia, LLC and Yokohama Rubber Company, Ltd. (kwf)
March 9, 2017 Opinion or Order Filing 291 Deliberation Jury Instructions - Liability. (kwf)
March 9, 2017 Opinion or Order Filing 290 Closing Jury Instructions - Liability. (kwf)
March 9, 2017 Opinion or Order Filing 289 Introductory Jury Instructions. (kwf)
March 9, 2017 Opinion or Order Filing 288 Orientation Remarks and Voir Dire. (kwf)
March 9, 2017 Opinion or Order Filing 287 Minute Entry for proceedings held before District Judge William M. Conley: 3rd Day of Jury Trial held on 3/8/2017. Liability verdict returned in favor of Yokohama Tire Corporation, Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Tire Manufacturing Virginia, LLC, Yokohama Rubber Company, Ltd. [7:41] (Court Reporter JD/CS.) (kwf)
March 8, 2017 Opinion or Order Filing 286 Proposed Jury Instructions - Damages. Defendants' Supplemental Request for Damages Trial Wisconsin Civil Jury Instruction 1731 Damages: Duty to Mitigate: Negligence by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James) Modified on 3/8/2017: Attachment is not separated. (lak)
March 8, 2017 Opinion or Order Filing 285 Trial Brief. Defendants' Proffer of Testimony to be Offered During Damages Trial from Intervening Plaintiff Star Blue Below-Kopf and from Jennifer Kopf Potentially Within the Scope of Plaintiffs' Motion in Limine No. 1 by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James) Modified on 3/8/2017. (lak)
March 8, 2017 Opinion or Order Filing 284 Proposed Jury Instructions - Liability and Damages. Supplemental Jury Instruction on Presumption of Care by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 3/8/2017. (lak)
March 8, 2017 Opinion or Order Set/Reset Trial Date: 4th Day Jury Trial set for 3/9/2017 at 08:30 AM. (voc)
March 7, 2017 Opinion or Order Filing 283 Minute Entry for proceedings held before District Judge William M. Conley: 2nd Day of Jury Trial held on 3/7/2017. Evidence entered, trial continues. [7:46] (Court Reporter JD/LS.) (kwf)
March 7, 2017 Opinion or Order Filing 282 Brief in Support of #279 Motion for Judgment as a Matter of Law, on the Question of Causation by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
March 7, 2017 Opinion or Order Filing 281 Brief in Support of #279 Motion for Judgment as a Matter of Law, on the Question of Design by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
March 7, 2017 Opinion or Order Filing 280 Brief in Support of #279 Motion for Judgment as a Matter of Law, on the Question of Manufacture by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 3/8/2017. (lak)
March 7, 2017 Opinion or Order Filing 279 MOTION FOR JUDGMENT AS A MATTER OF LAW by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Brief in Opposition due 4/6/2017. Brief in Reply due 4/21/2017. (Taylor, Raphael)
March 7, 2017 Opinion or Order Filing 278 Amended Stipulated Exhibit List (Parties' Amended Stipulated Exhibit List) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 3/8/2017. (lak)
March 7, 2017 Opinion or Order Filing 277 Proposed Special Verdict - Liability (Parties Jointly Requested Proposed Special Verdict Form) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James)
March 7, 2017 Opinion or Order Filing 276 Minute Entry for proceedings held before District Judge William M. Conley: Conference, Jury Selection and First Day of Trial held on 3/6/2017. Evidence entered, trial continues. [6:53] (Court Reporter JD/CS.) (kwf)
March 7, 2017 Opinion or Order Filing 275 Stipulated Exhibit List of all Parties by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 3/8/2017: See #278 for an Amended Stipulated Exhibit List. (lak)
March 7, 2017 Opinion or Order Set/Reset Trial Date: 3rd Day Jury Trial set for 3/8/2017 at 08:30 AM. (voc)
March 6, 2017 Opinion or Order Filing 274 ORDER continuing to RESERVE on defendants' motion for relief due to spoliation. Signed by District Judge William M. Conley on 3/6/2017. (kc)
March 6, 2017 Opinion or Order Filing 273 Stipulation for Statement Of Evidence Regarding Plaintiff Below To Be Read To Jury During Liability Trial by all parties by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James)
March 6, 2017 Opinion or Order Set/Reset Trial Date: 2nd Day Jury Trial set for 3/7/2017 at 08:30 AM. (voc)
March 6, 2017 Opinion or Order Minute Entry for proceedings held before District Judge William M. Conley: Telephone Status Conference held on 3/3/2017. [3:00] (Court Reporter JD.) (kwf)
March 5, 2017 Opinion or Order Filing 272 Affidavit of Daniel Rottier filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #72 Motion for Relief Due to Spoliation of Evidence. (Rottier, Daniel) Modified on 3/6/2017. (lak)
March 5, 2017 Opinion or Order Filing 271 Trial Brief. Supplemental Brief Regarding Spoilation by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
March 4, 2017 Opinion or Order Filing 270 Motion to Bar the Reading of Excerpts from the Deposition of Trooper Chad Thompson During the Liability Phase by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. Response due 3/13/2017. (Attachments: #1 Exhibit A - Excerpt of Transcript, Pages 108-110 (Also see #263 .), #2 Exhibit B - Excerpt of Opinion and Order, Pages 26-27 (Also see #225 .), #3 Exhibit C - Excerpt of Transcript, Pages 71-76 (Also see #263 .) (Rottier, Daniel) Modified on 3/6/2017. (lak/kwf)
March 3, 2017 Opinion or Order Filing 269 ORDER granting in part and denying in part defendants' MIL to exclude specific testimony from plaintiffs' expert Gary Derian and denying defendants' 10th and 11th MILs. Signed by District Judge William M. Conley on 03/03/2017. (mfh)
March 3, 2017 Opinion or Order Filing 268 ORDER on deposition designations. Signed by District Judge William M. Conley on 03/03/2017. (mfh)
March 3, 2017 Opinion or Order Filing 267 Trial Brief. Plaintiffs Brief on Thomas Kenny's Understanding of Nylon Caps by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below, (Attachments: #1 Exhibit 1 - Designation Pages of Kenny Deposition) (Rottier, Daniel) Modified on 3/6/2017. (lak)
March 3, 2017 Opinion or Order Filing 266 Supplemental Brief in Support of #72 Motion for Miscellaneous Relief, Regarding Spoliation by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, (Attachments: #1 Exhibit A - Undated Declaration of Gray Beauchamp, #2 Exhibit B - Affidavit of Mike Urner) (Taylor, Raphael) Modified on 3/6/2017: Exhibits are not on the docket as separate docket entries. (lak)
March 3, 2017 Opinion or Order Filing 265 Deposition of Terry Tadysak taken on March 1, 2017. (Taylor, Raphael)
March 3, 2017 Opinion or Order Filing 264 Deposition of Thomas J. Malone taken on March 1, 2017. (Taylor, Raphael)
March 3, 2017 Opinion or Order Filing 263 Transcript of Final Pretrial Conference, held 2/28/2017 before Chief Judge William M. Conley. Court Reporter: JD. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (kwf)
March 3, 2017 Opinion or Order Set Deadlines and Hearings: Conference set for 3/6/2017 at 8:30 AM before District Judge William M. Conley. (arw/mfh)
March 2, 2017 Opinion or Order Filing 262 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below to Yokohama Supplemental Brief re: Motion in Limine No. 11. (Rottier, Daniel) Modified on 3/3/2017. (lak)
March 2, 2017 Opinion or Order Filing 261 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below to Yokohama Brief in Support of their Motion to Exclude Gary Derian. (Rottier, Daniel)
March 2, 2017 Opinion or Order Filing 260 Counter Deposition Designations of the Discovery Deposition of Dr. Elizabeth Davis taken February 13, 2017 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
March 2, 2017 Opinion or Order Filing 259 Deposition Designations of Dr. Davis Discovery Deposition by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James) Modified on 3/3/2017. (lak)
March 2, 2017 Opinion or Order Filing 258 Deposition of Star Blue Below-Kopf taken on 12/28/16. (Kriva, James)
March 2, 2017 Opinion or Order Filing 257 Final Objections to Trial Exhibits of Yokohama Defendants by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below, (Attachments: #1 Cover Letter) (Rottier, Daniel) Modified on 3/3/2017. (lak)
March 2, 2017 Opinion or Order Filing 256 Notice by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Proposed Proffer of a Curative Instruction re: the Use/Introduction of Confidential Information - Suggested Changes to Court's Introductory Jury Instructions. (Attachments: #1 Cover Letter) (Taylor, Raphael) Modified on 3/3/2017. (lak)
March 2, 2017 Opinion or Order Filing 255 Amended Objections to Trial Exhibits. Amended and Supplemented Objections to Plaintiffs' Exhibit List by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
March 2, 2017 Opinion or Order Set Telephone Status Conference: Telephone Status Conference set for 3/3/2017 at 9:00 AM before District Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (kwf)
March 1, 2017 Opinion or Order Filing 254 Brief in Opposition to Plaintiffs' Requested "Emergency Instruction" and in Opposition to Admission of "Emergency" Testimony at Trial, by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James) Modified on 3/2/2017 (lak).
March 1, 2017 Opinion or Order Filing 253 Brief in Support of #124 Motion in Limine to Exclude Gary A. Derian by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, (Attachments: #1 Exhibit A - Gary Derian Deposition Excerpt from Price, State of Georgia, Case No.: 06C-02352-3) (Taylor, Raphael) Modified on 3/1/2017: Complete deposition is not on the docket. Deposition is not in condensed format. (lak)
March 1, 2017 Opinion or Order Filing 252 Supplemental Brief in Support of #124 Motion in Limine No. 11 by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 28, 2017 Opinion or Order Filing 251 ORDER after final pretrial conference. Signed by District Judge William M. Conley on 02/28/2017. (mfh)
February 28, 2017 Opinion or Order Filing 250 Minute Entry for proceedings held before District Judge William M. Conley: Final Pretrial Conference held on 2/28/2017. 14 jurors will be called forward. 8 jurors will be empaneled. [3:42]Attention: In the event of a settlement of this matter over the weekend, counsel are advised to contact the Clerk of Court at (608) 287-4875 or the Chief Deputy Clerk at (608) 354-8004. (Court Reporter JD.) (kwf)
February 28, 2017 Opinion or Order Filing 249 Exhibit L to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. 1 The Microscopy of Catastrophic Tire Failure. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 248 Exhibit O to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 2. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 247 Exhibit O to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 1 The investigators guide to tire failure. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 246 Exhibit N to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 245 Exhibit M to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 2. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 244 Exhibit M to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 1 Clues to Failure Mechanicms. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 243 Exhibit L to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 2. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 242 Exhibit L to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 1 The failure analyst and rubber product surfaces. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 241 Exhibit K to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 2 Handbook of Rubber Bonding. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 240 Exhibit K to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 1-Handbook of Rubber bonding. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 239 Exhibit J to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 2 The Pneumatic Tire. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 238 Exhibit J to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 1-The Pneumatic Tire. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 237 Exhibit I to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 2. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 236 Exhibit I to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. part 1-Catastrophic Steel Belted Radial Tire Tread. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 235 Exhibit B to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. patent-2nd half. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 234 Exhibit B to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. patent. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 233 Exhibit H to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. Cost Hinders Wider Use of Nylon. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 232 Exhibit G to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. Cost of adding full nylon cap. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 231 Exhibit F to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. Yokohama Tire Schematic. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 230 Exhibit E to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. Prospector Tire specs. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 229 Exhibit D to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. Uniroyal Tire specs. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 228 Exhibit C to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. BF Goodrich Tire specs. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 227 Exhibit A to #226 Declaration, filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. Curriculum Vitae. (Rottier, Daniel)
February 28, 2017 Opinion or Order Filing 226 Declaration of Gary Derian filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. Proffer of Partial Testimony of Gary Derian re: #208 Order on Motion in Limine, Order on Motion for Leave to File. (Rottier, Daniel)
February 27, 2017 Opinion or Order Filing 225 OPINION AND ORDER granting in part and denying in part #72 Defendants' Motion for Relief Due to Spoliation of Evidence; granting in part and denying in part #102 Defendants' Motion to Maintain Confidentiality of Trade Secrets; denying #122 Defendants' Motion to Exclude Testimony; granting in part, denying in part and reserving in part #124 Defendants' Motions in Limine; granting in part, denying in part and reserving in part #125 , #126 , #127 , #128 , #130 , #131 , #132 Plaintiffs' Motions in Limine; granting #184 , #213 Defendants' Motion for Leave to File Supplemental and Second Supplemental Briefs in Support; and granting #209 Defendants' Motion for Leave to File Reply Brief. Signed by District Judge William M. Conley on 02/27/2017. (mfh) Modified on 2/28/2017. (kwf)
February 27, 2017 Opinion or Order Filing 224 Deposition of Karl Egge taken on 1/19/17. (Kriva, James)
February 24, 2017 Opinion or Order Filing 223 Deposition of Molly Shoup taken on 7-14-16. (Taylor, Raphael)
February 24, 2017 Opinion or Order Filing 222 Deposition of Kevin Schutz taken on 1/31/17. (Kriva, James)
February 24, 2017 Opinion or Order Filing 221 Deposition of John Below taken on 1/19/17. (Kriva, James)
February 24, 2017 Opinion or Order Filing 220 Deposition of Jennifer Kopf taken on 12/28/16. (Kriva, James)
February 24, 2017 Opinion or Order Filing 219 Deposition Designations for Chris Haefner 2-8-17 by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 24, 2017 Opinion or Order Filing 218 Deposition Designations for Christopher Jessen 2-8-17 by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 24, 2017 Opinion or Order Filing 217 ** TEXT ONLY ORDER **ORDER granting #216 Motion to Admit Douglas Pritchett, Jr. Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 2/24/2017. (lak)
February 24, 2017 Opinion or Order Filing 216 Motion to Admit Douglas Pritchett, Jr Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 260SETA5.) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Pritchett, Douglas)
February 24, 2017 Opinion or Order Filing 215 Disregard. Motion to Admit Douglas Pritchett, Jr Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-1977716.) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Pritchett, Douglas) Modified on 2/24/2017. (lak)
February 23, 2017 Opinion or Order Filing 214 Supplemental Brief in Support of #122 Motion in Limine to Exclude Certain Opinions by Kevin Schutz by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James) Modified on 2/24/2017. (lak)
February 23, 2017 Opinion or Order Filing 213 Second Motion to Supplement #122 Motion in Limine to Exclude Certain Opinions by Kevin Schutz re: Dr. Davis Medical Expert Testimony by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Kriva, James) Modified on 2/24/2017. (lak)
February 23, 2017 Opinion or Order Filing 212 Deposition of Dr. Elizabeth Davis taken on 2/13/17. (Kriva, James) Modified on 2/24/2017. (lak)
February 23, 2017 Opinion or Order Filing 211 Deposition Designations by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, (Attachments: #1 Exhibit - Dr. Davis Discovery Deposition Exhibit 96 dated 2/13/17, #2 Exhibit - Dr. Davis Discovery Deposition Exhibit 101 dated 2/13/17) (Kriva, James) Modified on 2/24/2017. (lak)
February 22, 2017 Opinion or Order Filing 210 Brief in Reply by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC in Support of #72 Motion for Relief Due to Spoliation of Evidence. (Taylor, Raphael) Modified on 2/23/2017. (lak)
February 22, 2017 Opinion or Order Filing 209 Motion for Leave to File Reply Brief re: Spoliation by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 22, 2017 Opinion or Order Filing 208 ORDER on Telephone Conference. Defendants' motion for partial summary judgment (dkt. #53 ) is now GRANTED in its entirety; defendants' motion for leave to file their brief regarding the warning preservation issue (dkt. #204 ) is rendered MOOT; and the portion of defendants' motion in limine seeking the exclusion of Gary Derian's opinions in support of a defective or negligent warnings claim (dkt. #69 ) is MOOT. Finally, the final pretrial conference will now proceed on Tuesday, February 28, 2017, at 9:00 a.m. Signed by District Judge William M. Conley on 2/22/2017. (kwf)
February 22, 2017 Opinion or Order Minute Entry for proceedings held before District Judge William M. Conley: Telephone Hearing held on 2/22/2017 [:20] (Court Reporter JD.) (mfh)
February 22, 2017 Opinion or Order Reset Hearings: Final Pretrial Conference reset for 2/28/2017 at 9:00 AM before District Judge William M. Conley. (kwf)
February 21, 2017 Opinion or Order Filing 207 OPINION AND ORDER reserving #69 Motion in Limine to Exclude or, in the Alternative, to Limit the Expert Testimony of Gary A. Derian pending factual proffers and argument at the final pretrial conference on February 24, 2017, at 1:00 p.m. Signed by District Judge William M. Conley on 2/21/2017. (kwf)
February 21, 2017 Opinion or Order Filing 206 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #204 Motion for Leave to File, filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC. (Rottier, Daniel)
February 20, 2017 Opinion or Order Filing 205 Brief in Support of #204 Motion for Leave to File Brief on Question of Preservation by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 2/21/2017. (lak)
February 20, 2017 Opinion or Order Filing 204 Motion for Leave to File Brief on Question of Preservation by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 20, 2017 Opinion or Order Filing 203 Deposition (Rough Draft) of Elizabeth Davis, M.D. taken 2/13/2017 by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, (Attachments: #1 Exhibit - Dr. Davis Discovery Deposition Exhibit 96 dated 2/13/17, #2 Exhibit - Dr. Davis Discovery Deposition Exhibit 101 dated 2/13/17) (Kriva, James) Modified on 2/21/2017. (lak)
February 17, 2017 Opinion or Order Filing 202 Deposition of Dr. Elizabeth Davis taken on February 16, 2017. Trial Testimony for use at Trial. (Rottier, Daniel)
February 17, 2017 Opinion or Order Reset Hearings: Oral Argument set for 2/21/2017 before District Judge William M. Conley reset from 4:00 PM to 3:30 PM. Counsel for Defendant remains responsible for setting up the call to chambers at (608) 264-5087. (kwf)
February 15, 2017 Opinion or Order Filing 201 Deposition of Chris Jessen taken on February 8, 2017. Final Draft. (Rottier, Daniel) Modified on 2/16/2017. (lak)
February 15, 2017 Opinion or Order Filing 200 Deposition of Chris Haefner taken on February 8, 2017. Final Draft. (Rottier, Daniel) Modified on 2/16/2017. (lak)
February 15, 2017 Opinion or Order Filing 199 Signed Affidavit of Daniel Rottier filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #72 Motion for Relief Due to Spoliation of Evidence, #122 Motion in Limine, #69 Motion in Limine. (Rottier, Daniel) Modified on 2/16/2017: Also see #170 . (lak)
February 14, 2017 Opinion or Order Set/Reset Deadlines and Hearings: Oral Argument set for 2/21/2017 at 4:00 PM before District Judge William M. Conley. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5087. Final Pretrial Conference reset for 2/24/2017 at 1:00 PM in Courtroom 250. (kwf) Modified on 2/14/2017. (kwf)
February 13, 2017 Opinion or Order Filing 198 ORDER granting in part and reserving in part #53 defendants' Motion for Partial Summary Judgment ; granting #76 defendants' Motion for Leave to File supplemental brief. Oral Argument on plaintiffs' alternative theory will be held telephonically on February 21 at 4 pm; final pretrial conference reset to February 24 at 1 pm. Signed by District Judge William M. Conley on 02/13/2017. (mfh)
February 13, 2017 Opinion or Order Filing 197 Brief in Support of #125 Motion in Limine #1 by Intervenor Plaintiff Star Blue Below-Kopf. (Kobelt, Teresa)
February 13, 2017 Opinion or Order Filing 196 Deposition of Kacy Turner taken on February 9, 2017. (Rottier, Daniel)
February 13, 2017 Opinion or Order Filing 195 Deposition of Brian Piper taken on February 9, 2017. (Rottier, Daniel)
February 13, 2017 Opinion or Order Filing 194 Deposition of Chris Jessen taken on February 8, 2017. Rough Draft. Final Draft Will Be Read by Plaintiffs. (Rottier, Daniel)
February 13, 2017 Opinion or Order Filing 193 Deposition of Chris Haefner taken on February 8, 2017. Rough Draft. Final Draft Will Be Read by Plaintiffs. (Rottier, Daniel)
February 13, 2017 Opinion or Order Filing 192 Deposition Designations of Katy Turner by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 2/14/2017: Pleading lists first name as Kacy. (lak)
February 13, 2017 Opinion or Order Filing 191 Deposition Designations of Brian Piper by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
February 13, 2017 Opinion or Order Filing 190 Brief in Opposition by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #130 Motion in Limine filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. (lak)
February 13, 2017 Opinion or Order Filing 189 Disregard. Modified on 2/13/2017. (lak)
February 13, 2017 Opinion or Order Filing 188 Declaration of Jeffrey Wheeler filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #130 Motion in Limine, (Attachments: #1 Exhibit B - CV of Jeff Wheeler, #2 Exhibit C - Report of Jeff Wheeler (see also 147), #3 Exhibit D - Accident Report, #4 Exhibit E - Seat Belt Photos, #5 Exhibit F - Chart of Risk, #6 Exhibit G - Odds Calculation + Total Risk, #7 Exhibit H - Injury Risk Comparison, #8 Exhibit I - Chart Showing How to Reach POR, #9 Exhibit J - Trajectory Calculations, #10 Exhibit K - Crush Measurements, #11 Exhibit L - Kineticorp Analysis, #12 Exhibit M - Measurement of Exemplar Vehicle, #13 Exhibit N - Chris Jessen Recorded Statement, #14 Exhibit O - Medical Records Summary - Below, #15 Exhibit P - Medical Records Summary - Stoffel, #16 Exhibit Q - Stashny Study, #17 Exhibit R - Hu Study, #18 Exhibit S - Deposition of Jeff Wheeler (Also see #148 .), #19 Exhibit T - Deposition of Trooper Thompson (Also see #92 .) (Taylor, Raphael)
February 13, 2017 Opinion or Order Filing 187 Disregard. See #188 . Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 186 Deposition Designations (Objections & Counter Designations for Thomas Kenny) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 10, 2017 Opinion or Order Filing 185 Supplemental Brief in Support of #122 Motion in Limine, by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC (Sealed Document) (Attachments: #1 Exhibit A - Deposition of Kevin Schutz (Also see #156 .), #2 Exhibit B - Report of Dr. Mercado (Also see #152 .), #3 Exhibit C - Dean Clinic Records, #4 Exhibit D - Dean Clinic Records, #5 Exhibit E - Report of Kevin Schutz (Also see #153 .), #6 Exhibit F - Kevin Schutz CV) (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 184 Motion for Leave to File Supplement Brief in Support of Motion to Exclude Certain Opinions by Kevin Schutz by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 10, 2017 Opinion or Order Filing 183 Deposition Designations (Objections & Counter-Designations for Vince Brandtner) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 10, 2017 Opinion or Order Filing 182 Deposition Designations (Objections and Counter Designations to Gerhard Veldman Depoosition Designations) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 181 Brief in Opposition by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #126 Motion in Limine filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 180 Objections to Trial Exhibits of Plaintiffs by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 10, 2017 Opinion or Order Filing 179 Brief in Opposition by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #132 Motion in Limine filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 178 Brief in Opposition by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #128 Motion in Limine filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below, (Attachments: #1 Exhibit A - Notice of Deposition of Thomas Kenny, #2 Exhibit B - Affidavit of Thomas Griffing (Also see #33 .) (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 177 Objections to Trial Exhibits of Star Blue Below-Kopf by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 10, 2017 Opinion or Order Filing 176 Objections to #106 Proposed Jury Instructions, #105 Proposed Special Verdict of Yokohama Defendants by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
February 10, 2017 Opinion or Order Filing 175 Brief in Opposition by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #130 Motion in Limine filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below, #131 Motion in Limine filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 174 Brief in Opposition by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #127 Motion in Limine filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below, (Attachments: #1 Exhibit A - Affidavit of Thomas Griffing (Also see #33 .), #2 Exhibit B - Affidavit of Vince Brandtner (Also see #34 .) (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 173 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #124 Motions in Limine filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC. (Rottier, Daniel)
February 10, 2017 Opinion or Order Filing 172 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #102 Motion to Maintain Confidentiality of Trade Secrets During Trial and to Apply the Protections Afforded Under the Court's Protective Order Signed 12-12-15 at Pretrial Hearings & Trial. (Rottier, Daniel) Modified on 2/13/2017: Changed docketing event. This is not a brief in reply in support of #102 . (lak)
February 10, 2017 Opinion or Order Filing 171 Objections to Trial Exhibits by Yokohama Defendants by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
February 10, 2017 Opinion or Order Filing 170 Unsigned Affidavit of Daniel A. Rottier filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below In Opposition re: #122 Motion in Limine, #69 Motion in Limine, #72 Motion for Relief Due to Spoliation of Evidence, (Attachments: #1 Exhibit A - Dennis Skogen Report (Also see #154 .), #2 Exhibit B - Deposition of Gerhard Veldman (Also see 146 .), #3 Exhibit C - Photos taken by Trooper Thompson, #4 Exhibit D - Service Records from Butch's Repair Shop, #5 Exhibit E - November 13 Order Appointing Debra Below Guardian of Joshua Below) (Rottier, Daniel) Modified on 2/13/2017: See #199 for a signed affidavit. (lak)
February 10, 2017 Opinion or Order Filing 169 Brief in Opposition by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #125 Motion in Limine filed by Patrick Joshua Below, Joshua J. Below, Charlie Elizabeth Below. (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 168 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #69 Motion in Limine, filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC. (Rottier, Daniel)
February 10, 2017 Opinion or Order Filing 167 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #53 Motion for Partial Summary Judgment, filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC. Response to Yokohamas Supplemental Brief. (Rottier, Daniel)
February 10, 2017 Opinion or Order Filing 166 Affidavit of Terry Tadysak filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below in Opposition re: #72 Motion for Relief Due to Spoliation of Evidence. (Rottier, Daniel) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 165 Affidavit of Tom Malone filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below in Opposition re: #72 Motion for Relief Due to Spoliation of Evidence, (Attachments: #1 Exhibit A - Malone Letter Faxed to Rhine Auto 5-9-2014) (Rottier, Daniel) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 164 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #72 Motion for Relief Due to Spoliation of Evidence, filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC. (Rottier, Daniel) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 163 Disregard. See #188 and #190 . Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 162 Response to Proposed Liability and Damages Jury Instructions of Plaintiffs by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 10, 2017 Opinion or Order Filing 161 Response to Proposed Voir Dire of Plaintiffs by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
February 10, 2017 Opinion or Order Filing 160 Affidavit of Daniel A. Rottier filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below in Support of Plaintiffs Brief in Opposition to Yokohama Motions in Limine Nos. 1 and 3 re: #124 Motions in Limine, (Attachments: #1 Exhibit 1 - Yokohama Press Release on Geolander H/T G056 dated 3/3/15, #2 Exhibit 2 - Yokohama Press Release on Geolander H/T G056 dated 7/14/16, #3 Exhibit 3 - Yokohama Literature-Yokohama Tire Corporations New Cross Over Tire, the Geolander G055, is Now On Sale, dated 3/5/15, #4 Exhibit 4 - Literature on the Geolander H/T G056, #5 Exhibit 5 - Yokohama Tire Catalogue 2015-2016, #6 Exhibit 6 - Spec. Sheet for Geolander HT-S Tires) (Rottier, Daniel) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 159 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #124 Motions in Limine filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC. Opposition to Motions in Limine Numbers 1 and 3. (Rottier, Daniel) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 158 Affidavit of Daniel A. Rottier filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below In Support of Plaintiffs Brief in Opposition re: #122 Motion in Limine, (Attachments: #1 Exhibit 1 - Curriculum Vitae of Kevin Schutz, #2 Exhibit 2 - Unredacted Vocational Evaluation Report by Kevin Schutz (Also see #153 and #155 .), #3 Exhibit 3 - Dr. Elizabeth Davis Clinic Note 9-29-16) (Rottier, Daniel) Modified on 2/13/2017: Corrected typos, etc. (lak)
February 10, 2017 Opinion or Order Filing 157 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #122 Motion in Limine, filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC to Exclude Opinions by Vocational Expert, Kevin Schutz. (Rottier, Daniel)
February 10, 2017 Opinion or Order Filing 156 Deposition of Kevin Schutz taken on 01/31/2017. Rough Draft. Final or Condensed Version Not Available at Time of Filing. (Taylor, Raphael) Modified on 2/13/2017. (lak)
February 10, 2017 Opinion or Order Filing 155 Expert Report of Kevin Schutz by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 2/13/2017: Duplicate of #153 . Report is not redacted. (lak)
February 10, 2017 Opinion or Order Filing 154 Expert Report of Dennis Skogen by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 2/13/2017: Attachments are not separated. (lak)
February 10, 2017 Opinion or Order Filing 153 Expert Report of Kevin Schulze by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 2/13/2017: Report is unredacted and last name is spelled Schutz on the report. (lak)
February 10, 2017 Opinion or Order Filing 152 Expert Report of Dr. Janyna Mercado by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 2/13/2017: Report is unredacted and there is an attachment that is not separated. (lak)
January 31, 2017 Opinion or Order Filing 151 ** TEXT ONLY ORDER **ORDER granting #150 Motion to Seal Filed Depositions of Vince Brandtner, Thomas Kenny and Gerhard Veldman. Signed by Magistrate Judge Stephen L. Crocker on 1/31/2017. (kwf)
January 30, 2017 Opinion or Order Filing 150 Emergency Motion to Seal Filed Depositions of Vince Brandtner, Thomas Kenny and Gerhard Veldman by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Taylor, Raphael)
January 30, 2017 Opinion or Order Filing 149 Brief in Support of #124 Motion in Limine Regarding Dissimilar Tires by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, (Attachments: #1 Exhibit A - Expert Report of Joe Grant (Also see #67 .), #2 Exhibit B - Affidavit of Vince Brandtner (Also see #34 .), #3 Exhibit C - Affidavit of Thomas Griffing (Also see #33 .) (Taylor, Raphael) Modified on 1/30/2017. (lak)
January 30, 2017 Opinion or Order Filing 148 Deposition of Jeffrey B. Wheeler taken on December 9, 2016. (Rottier, Daniel)
January 30, 2017 Opinion or Order Filing 147 Expert Report of Jeffrey B. Wheeler by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below, (Attachments: #1 Exhibit - CV of Jeffrey Wheeler) (Rottier, Daniel) Modified on 1/31/2017: References and Appendix A are not attached separately. (lak)
January 30, 2017 Opinion or Order Filing 143 Brief in Support of #124 Motion in Limine on Unrelated Adjustment, Claims, and Lawsuit Data by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, (Attachments: #1 Exhibit A - Affidavit of Vince Brandtner (Also see #34 .), #2 Exhibit B - Affidavit of Thomas Griffing (Also see #33 .) (Taylor, Raphael) Modified on 1/30/2017. (lak)
January 30, 2017 Opinion or Order Filing 142 Affidavit of Daniel A. Rottier filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #130 Motion in Limine, #132 Motion in Limine, #126 Motion in Limine, #131 Motion in Limine, #125 Motion in Limine, #127 Motion in Limine, #128 Motion in Limine, (Attachments: #1 Exhibit A - Excerpts from Yokohama Tire Corps Objections and Response to Plaintiffs First Set of Interrogatories, #2 Exhibit B - Excerpts from Yokohama Tire Corps Objections and Response to Plaintiffs First Requests for Production of Documents, #3 Exhibit C - Excerpts from 2-16-16 Letter from Taylor to All Counsel, #4 Exhibit D - Yokohama Tires Objections and Supplemental Response to Plaintiffs First Interrogatories, #5 Exhibit E - Report of Jeffrey Wheeler (Also see #147 .), #6 Exhibit F - Jeffrey Wheeler's CV, #7 Exhibit G - Deposition of Jeffrey Wheeler (Also see #148 .), #8 Exhibit H - Deposition of Joseph Grant (See #114 for the same deposition in condensed format.) (Rottier, Daniel) Modified on 1/30/2017: Corrected numerous typographical errors, etc. (lak)
January 27, 2017 Opinion or Order Filing 141 Brief in Support of #132 Motion in Limine Number 7 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 140 Brief in Support of #131 Motion in Limine Number 6 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 139 Brief in Support of #130 Motion in Limine Number 5 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 138 Brief in Support of #128 Motion in Limine Number 4 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 137 Brief in Support of #127 Motion in Limine Number 3 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 136 Brief in Support of #126 Motion in Limine Number 2 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 135 Brief in Support of #125 Motion in Limine Number 1 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 134 Disregard. See #142 . Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 133 Disregard. See #143 . Modified on 1/30/2017. (lak)
January 27, 2017 Opinion or Order Filing 132 Motion in Limine Number 7 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 131 Motion in Limine Number 6 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 130 Motion in Limine Number 5 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 129 Disregard. See #130 . Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 128 Motion in Limine Number 4 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 127 Motion in Limine Number 3 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 126 Motion in Limine Number 2 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 125 Motion in Limine Number 1 by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/29/2017. (lak)
January 27, 2017 Opinion or Order Filing 124 Motions in Limine by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 123 Exhibit List by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 122 Motion in Limine to Exclude Certain Opinions by Kevin Schutz by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Attachments: #1 Exhibit A - Unredacted Dean Clinic Report, #2 Exhibit B - Unredacted Report of Dr. Janyna Mercado, Ph.D, #3 Exhibit C - Unredacted Report of Kevin Schutz) (Taylor, Raphael) Modified on 1/30/2017: The attached reports are not expert reports. (lak)
January 27, 2017 Opinion or Order Filing 121 Exhibit List by Intervenor Plaintiff Star Blue Below-Kopf, (Attachments: #1 Exhibit - Photo Star in Carrier, #2 Exhibit - Photo Star as Baby, #3 Exhibit - Photo Josh and Star Boating, #4 Exhibit - Photo Josh and Star Hanging out, #5 Exhibit - Photo Star Walking, #6 Exhibit - Photo Josh and Star at Waterfall) (Kobelt, Teresa) Modified on 1/30/2017: Exhibits are not numbered. (lak)
January 27, 2017 Opinion or Order Filing 120 Rule 26(a)(3) Pretrial Disclosures by Intervenor Plaintiff Star Blue Below-Kopf (Kobelt, Teresa)
January 27, 2017 Opinion or Order Filing 119 Notice by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below of Plaintiffs' expert, Kevin Schutz', narrative statement of background and experience. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 118 Notice by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below of Plaintiffs' expert, Karl Egge, Ph.D., narrative statement of background and experience. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 117 Notice by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below of Plaintiffs' expert, Gary Derian's, narrative statement of background and experience. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 116 Notice by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below of Plaintiffs' Expert, Dr. Elizaeth Davis, narrative statmenet of background and experience. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 115 Notice by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below of Plaintiffs' Expert, Dennis Skogen, narrative statement of background and experience. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 114 Deposition of Joseph Grant taken on 01/10/2017. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 113 Proposed Jury Instructions - Liability and Damages by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/30/2017: No case caption. Not signed by counsel. (lak)
January 27, 2017 Opinion or Order Filing 112 Proposed Jury Instructions - Liability and Damages by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 111 Proposed Special Verdict - Liability and Damages by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 1/30/2017: Not signed by counsel. (lak)
January 27, 2017 Opinion or Order Filing 110 Proposed Voir Dire by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 109 Exhibit List by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 108 Supplemental Rule 26 Initial Disclosure Report by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 107 Disregard. See #149 . Modified on 1/30/2017. (lak)
January 27, 2017 Opinion or Order Filing 106 Proposed Jury Instructions - Liability and Damages by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 105 Proposed Special Verdict - Liability and Damages by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 104 Proposed Voir Dire by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 103 Rule 26(a)(3) Pretrial Disclosures by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 102 Motion to Maintain Confidentiality of Trade Secrets During Trial and to Apply the Protections Afforded Under the Court's Protective Order Signed 12-12-15 at Pretrial Hearings & Trial by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Response due 2/3/2017. (Attachments: #1 Exhibit A - Protective Order entered 12-12-15, #2 Exhibit B - Limited Interim Protective Order Sealing Trial Exhibits and Trial Transcripts Through Appeal, filed in Case Trenado v. Cooper, #3 Exhibit C - Proposed Order Protecting Confidential Trade Secret Information During Hearings and Trial, #4 Exhibit D - Affidavit of Vince Brandtner (Also see #34 .), #5 Exhibit E - Affidavit of Thomas Griffing (Also see #33 .), #6 Exhibit F - Memorandum Opinion & Order dated 1/6/2011 and Atty. Fee Order dated 1/23/2011 filed in Trenado, #7 Exhibit G - Johnson v. Hankook, #8 Exhibit H - Order dated 9-9-2008 re: Moore-Coleman v. Cooper, #9 Exhibit I - McDonald v. Cooper, #10 Exhibit J - Order dated 12-5-2008 re: Bradley v. Cooper, #11 Text of Proposed Order) (Taylor, Raphael) Modified on 1/30/2017. (lak)
January 27, 2017 Opinion or Order Filing 101 Deposition Designations of Gerhard Veldman by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 99 Deposition Designations of Thomas Kenny by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 97 Deposition Designations of Vince Brandtner by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
January 27, 2017 Opinion or Order Filing 95 Deposition Designations of Scott Stoffel by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 94 Oral Deposition of Scott Stoffel taken on 05/25/2016. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 93 Deposition Designations for Trooper Chad Thompson by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 92 Oral Deposition of Trooper Chad Thompson taken on 09/08/2016. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 91 Expert Witness Disclosure by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 90 Expert Witness Disclosure by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 89 Expert Witness Disclosure by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 88 Expert Witness Disclosure by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 87 Expert Witness Disclosure by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 86 Expert Witness Disclosure by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 27, 2017 Opinion or Order Filing 85 Expert Witness Disclosure by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 12, 2017 Opinion or Order Filing 84 Expert Report of Gray Beauchamp and Stephen Fenton by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 1/17/2017: Appendix A is not attached separately. (lak)
January 12, 2017 Opinion or Order Filing 83 Expert Report of Gary Derian by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 12, 2017 Opinion or Order Filing 82 Deposition of Joshua Below taken on 07/13/2016. (Taylor, Raphael)
January 12, 2017 Opinion or Order Filing 81 Deposition of Dennis Skogen taken on 10/13/2016. (Taylor, Raphael)
January 12, 2017 Opinion or Order Filing 80 Deposition of Debra Below taken on 07/13/2016. (Taylor, Raphael)
January 12, 2017 Opinion or Order Filing 79 Deposition of Arthur G. Beauchamp taken on 12/08/2016. (Taylor, Raphael)
January 12, 2017 Opinion or Order Filing 78 Deposition of Gary Derian taken on 10/19/2016. (Taylor, Raphael)
January 6, 2017 Opinion or Order Set Briefing Deadlines as to #72 Motion for Relief Due to Spoliation of Evidence. Response due 2/10/2017. (kwf/krc)
January 5, 2017 Opinion or Order Filing 77 Supplemental Brief in Support of #53 Motion for Partial Summary Judgment, by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 5, 2017 Opinion or Order Filing 76 Motion for Leave to File Supplemental Brief In Support of Their Motion For Partial Summary Judgment by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 1/5/2017. (lak)
January 5, 2017 Opinion or Order Filing 75 Notice to Counsel: Pursuant to the court's Electronic Filing Procedures, deposition transcripts to be filed with the court must be filed electronically in their entirety as individual docket entries. Both the electronic version and courtesy copy of a deposition transcript must be in condensed format. Exhibits to deposition transcripts are discouraged. If a Filing User finds it necessary to include deposition exhibits, the Filing User must follow the guidelines listed in section V.D. of the Electronic Filing Procedures. All expert reports must be filed electronically as individual docket entries. When including exhibits with expert reports, the Filing User must follow the guidelines listed in section V.D. of the court's Electronic Filing Procedures. If any deposition or expert report currently on the docket is not an individual docket entry, please refile. (lak)
January 4, 2017 Opinion or Order Filing 74 Brief in Support of #72 Motion for Relief Due to Spoliation of Evidence by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 1/5/2017. (lak)
January 4, 2017 Opinion or Order Filing 73 Affidavit of James Kriva in Support re: #72 Motion for Relief Due to Spoliation of Evidence, by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, (Attachments: #1 Exhibit A - Report of Gary Derian, #2 Exhibit B - Accident Report, #3 Exhibit C - Photos taken 9-13-13 and Produced by Plaintiffs, #4 Exhibit - Debra Below Deposition, #5 Exhibit E - Photos Taken by Plaintiffs' Investigator on 10-30-13, #6 Exhibit F - Dennis Skogen Deposition, #7 Exhibit G - Photos Taken by Plaintiffs' Investigator on 5-16-14, #8 Exhibit H - Expert Report of Kineticorp, #9 Exhibit I, Part 1 - Progressive Records, #10 Exhibit I, Part 2 - Progressive Records, #11 Exhibit I, Part 3 - Progressive Records, #12 Exhibit J - Wisconsin Dept. of Motor Transportation Records, #13 Exhibit - Plaintiffs' Complaint) (Taylor, Raphael) Modified on 1/5/2017. (lak)
January 4, 2017 Opinion or Order Filing 72 Motion for Relief Due to Spoliation of Evidence by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael) Modified on 1/5/2017: No briefing schedule was set. Wrong docketing event was selected. (lak)
January 4, 2017 Opinion or Order Filing 71 Brief in Support of #69 Motion in Limine to Exclude or, in the Alternative, to Limit the Expert Testimony of Gary A. Derian by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
January 4, 2017 Opinion or Order Filing 70 Affidavit of James J. Kriva filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, re: #69 Motion in Limine, (Attachments: #1 Exhibit A - Gary A. Derian, P.E. Expert Report, #2 Exhibit B - Deposition of Gary Derian, #3 Exhibit C - Gary A. Derian, P.E. Curriculum Vitae, #4 Exhibit D - Deposition of Arthur G. Beauchamp, #5 Exhibit E - Joseph L. Grant Expert Report) (Taylor, Raphael)
January 4, 2017 Opinion or Order Filing 69 Motion in Limine to Exclude or, in the Alternative, to Limit the Expert Testimony of Gary A. Derian by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
November 23, 2016 Opinion or Order Reset Trial Deadlines/Hearings: Final Pretrial Conference set for 2/21/2017 at 04:00 PM. (See Pretrial Conference Order #27 ) (jat)
October 24, 2016 Opinion or Order Filing 67 Expert Report of Joe Grant by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Taylor, Raphael)
October 21, 2016 Opinion or Order Filing 66 Supplemental Affidavit of James J. Kriva filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #53 Motion for Partial Summary Judgment, (Attachments: #1 Exhibit L - See #67 ., #2 Exhibit M - See 68 .) (Taylor, Raphael) Modified on 10/23/2016. (lak)
October 21, 2016 Opinion or Order Filing 65 Additional Proposed Findings of Fact and Combined Reply in Support of Proposed Findings of Fact filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #53 Motion for Partial Summary Judgment. (Taylor, Raphael) Modified on 10/23/2016. (lak)
October 21, 2016 Opinion or Order Filing 64 Brief in Reply by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC in Support of #53 Motion for Partial Summary Judgment, (Taylor, Raphael)
October 7, 2016 Opinion or Order Filing 63 ** TEXT ONLY ORDER **ORDER granting #58 Motion for Extension of Time for Filing Response to Motion for Partial Summary Judgment. Signed by Magistrate Judge Stephen L. Crocker on 10/7/2016. (kwf)
October 6, 2016 Opinion or Order Filing 62 Response to Proposed Findings of Fact filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #53 Motion for Partial Summary Judgment. (Rottier, Daniel)
October 6, 2016 Opinion or Order Filing 61 Unsigned Affidavit of Gary Derian filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below in Opposition re: #53 Motion for Partial Summary Judgment. (Rottier, Daniel) Modified on 10/7/2016. (lak)
October 6, 2016 Opinion or Order Filing 60 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #53 Motion for Partial Summary Judgment, filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC. (Rottier, Daniel)
October 6, 2016 Opinion or Order Filing 59 Affidavit of Daniel A. Rottier filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #58 MOTION for Extension of Time. (Rottier, Daniel)
October 6, 2016 Opinion or Order Filing 58 Unopposed Motion for Extension of Time for Filing Response to Motion for Partial Summary Judgment by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. Motions referred to Magistrate Judge Stephen L. Crocker. (Rottier, Daniel) Modified on 10/7/2016. (lak)
September 1, 2016 Opinion or Order Filing 57 Affidavit of James J. Kriva filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #53 Motion for Partial Summary Judgment, (Attachments: #1 Exhibit A - Plaintiffs' Complaint, #2 Exhibit B - Wisconsin Motor Vehicle Accident Report, #3 Exhibit C - Schoepp Motors Business Records, #4 Exhibit D - Yokohama Tire Corporation Interrogatory Responses, #5 Exhibit E - Joshua Below Deposition Testimony Excerpts (Complete deposition to be filed in condensed format.), #6 Exhibit F - Plaintiffs' Responses to YTC's Amended First Set of Interrogatories, #7 Exhibit G - Plaintiffs' Responses to Yokohama Tire Corporation Request for Document Discovery, #8 Exhibit H - Gary Derian Expert Report (Expert report to be filed as a separate docket entry.), #9 Exhibit I - Yokohama Tire Service Bulletin Excerpt, #10 Exhibit J - 2005 Yokohama Fitment Guide Excerpt, #11 Exhibit K - Yokohama Tire Warranty and Claim Manual Excerpt) (Kriva, James) Modified on 9/2/2016. (lak)
September 1, 2016 Opinion or Order Filing 56 Disregard. See #57 . Modified on 9/2/2016. (lak)
September 1, 2016 Opinion or Order Filing 55 Brief in Support of #53 Motion for Partial Summary Judgment, by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James)
September 1, 2016 Opinion or Order Filing 54 Proposed Findings of Fact filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #53 Motion for Partial Summary Judgment. (Kriva, James)
September 1, 2016 Opinion or Order Filing 53 MOTION FOR PARTIAL SUMMARY JUDGMENT by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Brief in Opposition due 10/3/2016. Brief in Reply due 10/17/2016. (Kriva, James)
December 17, 2015 Opinion or Order Filing 52 Protective Order of Confidentiality. Signed by Magistrate Judge Stephen L. Crocker on 12/17/2015. (kwf)
December 17, 2015 Opinion or Order Filing 51 Joint Motion for Protective Order by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Promise of Confidentiality, #3 Exhibit B - Attorney's Certification, #4 Exhibit C - Expert's/Authorized Person's Certification) (Taylor, Raphael) Modified on 12/17/2015: Added exhibit descriptions. (lak)
December 11, 2015 Opinion or Order Filing 50 Affidavit of Gary Derian filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #32 Motion for Protective Order. (Rottier, Daniel)
December 9, 2015 Opinion or Order Filing 49 ** TEXT ONLY ORDER **At a December 9, 2015 telephonic hearing, the court granted in principle defendants' motion for a protective order (dkt. #32 ) but declined to enter the draft order proposed by defendants. In discussion with counsel for both sides, the court indicated what should be included and what should not be included in an acceptable protective order in this lawsuit. Not later than December 18, 2015, the parties may submit either a jointly agreed proposed protective order, or if they cannot agree, their competing proposals, from which the court will pick and enter one without change. The court then reiterated its expectation--it's order--that both sides meet their discovery obligations quickly and completely throughout this lawsuit. If they do not, then the court shall sanction a party's discovery failure(s) to the degree the court deems necessary to punish and to deter. Signed by Magistrate Judge Stephen L. Crocker on 12/9/2015. (kwf)
December 9, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Motion Hearing held on 12/9/2015 re #32 Motion for Protective Order filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC [:35] (Court Reporter ls.) (skv)
December 8, 2015 Opinion or Order Filing 48 Brief in Reply by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC in Support of #32 Motion for Protective Order, (Non-Sharing). (Taylor, Raphael)
December 7, 2015 Opinion or Order Filing 47 Letter Regarding Notarized Copy of #45 Affidavit of Gary Derian filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below and Patrick Joshua Below. (kwf)
December 7, 2015 Opinion or Order Filing 46 ANSWER to Intervenor Complaint by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James)
December 7, 2015 Opinion or Order Set Telephone Motion Hearing as to #32 Motion for Protective Order. Telephone Motion Hearing set for 12/9/2015 at 03:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5153. (kwf)
December 4, 2015 Opinion or Order Filing 45 Affidavit of Gary Derian filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #32 Motion for Protective Order, (Attachments: #1 Exhibit 1 - Derian CV) (Rottier, Daniel) Modified on 12/7/2015. (lak)
December 4, 2015 Opinion or Order Filing 44 Affidavit of Daniel A. Rottier filed by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #32 Motion for Protective Order, (Attachments: #1 Exhibit Exh 1-exemplar sharing order, #2 Exhibit Exh 2-Yokohama website pg-basic information, #3 Exhibit Exh 3-Yokohama website pg-breakthrough technologies, #4 Exhibit Exh 4-Yokohama website pg-Tires 101, #5 Exhibit Exh 5-Modern Tire Dealers Website article) (Rottier, Daniel) Modified on 12/4/2015. (kwf)
December 4, 2015 Opinion or Order Filing 43 Brief in Opposition by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below re: #32 Motion for Protective Order, filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC (Rottier, Daniel) Modified on 12/4/2015. (kwf)
December 3, 2015 Opinion or Order Filing 42 ** TEXT ONLY ORDER **ORDER granting #40 Motion to Admit Thomas Christopher Trent Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 12/3/2015. (lak)
December 3, 2015 Opinion or Order Filing 41 ** TEXT ONLY ORDER **ORDER granting #39 Motion to Admit Raphael Charles Taylor Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 12/3/2015. (lak)
December 3, 2015 Opinion or Order Filing 40 Motion to Admit Thomas Christopher Trent Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1695304.) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Trent, Thomas) Modified on 12/3/2015. (lak)
December 3, 2015 Opinion or Order Filing 39 Motion to Admit Raphael Charles Taylor Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1695280.) by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Taylor, Raphael)
December 2, 2015 Opinion or Order Filing 38 Waiver of Service Returned Executed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. Yokohama Corporation of America waiver sent on 11/13/2015, answer due 1/12/2016; Yokohama Corporation of North America waiver sent on 11/13/2015, answer due 1/12/2016; Yokohama Rubber Company, Ltd. waiver sent on 11/13/2015, answer due 1/12/2016; Yokohama Tire Corporation waiver sent on 11/13/2015, answer due 1/12/2016; Yokohama Tire Manufacturing Virginia, LLC waiver sent on 11/13/2015, answer due 1/12/2016. (Kobelt, Teresa) Modified on 12/3/2015: Changed service date and answer date. Waivers sent on 11/13/2015, not 11/23/2015. Answers due 1/12/2016, not 1/22/2016. (lak)
November 30, 2015 Opinion or Order Set Briefing Deadlines as to #32 Motion for Protective Order. Brief in Opposition due 12/4/2015. (kwf/slc)
November 25, 2015 Opinion or Order Filing 37 Exhibit to #36 Brief in Support, filed by Yokohama Tire Corporation, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Corporation of America, Yokohama Tire Manufacturing Virginia, LLC. Exhibit 1-Trenado v. Cooper Tire & Rubber Co., Case 4:08-cv-00249 (S.D. Tex. 2011) (Attachments: #1 Exhibit 2-Johnson v. Hankook Tire America Corp., 2011 WL 4840944 (5th Cir.), Oct. 13, 2011, #2 Exhibit 3-Moore-Coleman v. Cooper Tire & Rubber Co., CV 203-050 (S.D. Ga. 2008), #3 Exhibit 4-McDonald v. Cooper, Case No. 8:01-CV-1306-T-27TGW (M.D. Fla 2005), #4 Exhibit 5-Bradley v. Cooper Tire & Rubber Co., No. 4:03cv94, (S.D. Miss. 2008) (Kriva, James)
November 25, 2015 Opinion or Order Filing 36 Brief in Support of #32 Motion for Protective Order, by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James)
November 25, 2015 Opinion or Order Filing 35 Affidavit of James J. Kriva filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #32 Motion for Protective Order, (Attachments: #1 Exhibit A-Email, #2 Exhibit B-Email, #3 Exhibit C-Email) (Kriva, James)
November 25, 2015 Opinion or Order Filing 34 Affidavit of of Vince Brandtner filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #32 Motion for Protective Order. (Kriva, James)
November 25, 2015 Opinion or Order Filing 33 Affidavit of Thomas T. Griffing filed by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC re: #32 Motion for Protective Order, (Kriva, James) Modified on 11/25/2015. (arw)
November 25, 2015 Opinion or Order Filing 32 Motion for Protective Order by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Attachments: #1 Exhibit A - Protective Order of Confidentiality) (Kriva, James) Modified on 11/30/2015. (lak)
November 13, 2015 Opinion or Order Filing 31 Summons Issued as to Yokohama Corporation of America. (Attachments: #1 Summons Issued as to Yokohama Corporation of North America, #2 Summons Issued as to Yokohama Tire Corporation, #3 Summons Issued as to Yokohama Tire Manufacturing Virginia, #4 Summons Issued as to Yokohama Rubber Company) (kwf)
November 12, 2015 Opinion or Order Filing 30 Intervenor COMPLAINT, filed by Star Blue Below-Kopf, (Attachments: #1 Summons - Yokohama Corporation of America, #2 Summons - Yokohama Corporation of North America, #3 Summons - Yokohama Tire Corporation, #4 Summons - Yokohama Tire Manufacturing Virginia, #5 Summons - Yokohama Rubber Company, #6 Certificate of Service) (Kobelt, Teresa) Modified on 11/13/2015. (lak)
November 5, 2015 Opinion or Order Filing 29 ** TEXT ONLY ORDER **There being no objection, the motion to intervene filed by counsel for Star Blue Below-Kopf #21 is GRANTED provided the intervening plaintiff adheres to all previously established deadlines in this matter. Signed by District Judge William M. Conley on 11/5/2015. (kwf)
November 3, 2015 Opinion or Order Filing 28 Certificate of Service by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below as to #2 Complaint. (Rottier, Daniel) Modified on 11/3/2015. (lak)
October 13, 2015 Opinion or Order Filing 27 Pretrial Conference Order - Amendments to Pleadings due 1/29/2016. Dispositive Motions due 9/1/2016. Settlement Letters due 12/16/2016. Motions in Limine due 1/27/2017. Response to Motions due 2/10/2017. Final Pretrial Conference set for 2/17/2017 at 04:00 PM. Jury Selection and Trial set for 3/6/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 10/12/2015. (kwf)
October 8, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 10/8/2015 [:20] (skv)
October 7, 2015 Opinion or Order Filing 26 ANSWER by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel)
October 5, 2015 Opinion or Order Filing 25 Joint Report of Rule 26(f) Planning Meeting. (Rottier, Daniel)
October 5, 2015 Opinion or Order Filing 24 ANSWER to Claim and Crossclaim by Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC, Yokohama Rubber Company, Ltd. (Kriva, James) Modified on 10/5/2015. (lak)
October 2, 2015 Opinion or Order Filing 23 Certificate of Service by Intervenor Plaintiff Star Blue Below-Kopf. (Kobelt, Teresa)
September 22, 2015 Opinion or Order Filing 22 Affidavit of Teresa K Kobelt filed by Intervenor Plaintiff Star Blue Below-Kopf re: #21 Motion to Intervene, (Attachments: #1 Exhibit A - Petition for Guardianship, #2 Exhibit B - Complaint) (Kobelt, Teresa) Modified on 9/23/2015: Clarified exhibit descriptions. (lak)
September 22, 2015 Opinion or Order Filing 21 Motion to Intervene by Intervenor Plaintiff Star Blue Below-Kopf. Response due 9/29/2015. (Kobelt, Teresa)
September 18, 2015 Opinion or Order Filing 20 ** TEXT ONLY ORDER **On July 23, 2015, the Circuit Court for Dane County, Wisconsin, appointed Attorney Daniel A. Rottier as Guardian ad Litem for minor plaintiffs Charlie Elizabeth Below and Patrick Joshua Below in this lawsuit before it was removed to federal court. See dkts. #16 & #17 . Therefore, pursuant to F.R.Civ. Pro. 17(c)(1)(D), Attorney Rottier may sue on behalf of these minor plaintiffs in this lawsuit in this court. Signed by Magistrate Judge Stephen L. Crocker on 9/18/2015. (kwf)
September 17, 2015 Opinion or Order Filing 19 ANSWER with Jury Demand by Defendant Yokohama Rubber Company, Ltd. (Kriva, James)
September 17, 2015 Opinion or Order Filing 18 Subrogation Claim (and Cross-Claim) by Plaintiff Dean Health Plan, Inc. (Stock-Retzloff, Jamie) Modified on 9/18/2015. (lak)
September 17, 2015 Opinion or Order Filing 17 Consent Motion to Appoint Guardian ad Litem Daniel A. Rottier by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 9/18/2015. (lak)
September 17, 2015 Opinion or Order Filing 16 Consent Motion to Appoint Guardian ad Litem Daniel A. Rottier by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below. (Rottier, Daniel) Modified on 9/18/2015. (lak)
September 17, 2015 Opinion or Order Filing 15 Affidavit of Service by Plaintiff. Yokohama Corporation of North America served on 8/10/2015, answer due 8/31/2015. (Rottier, Daniel)
September 17, 2015 Opinion or Order Filing 14 Affidavit of Service by Plaintiff. Dean Health Plan, Inc. served on 8/14/2015, answer due 9/4/2015. (Rottier, Daniel)
September 16, 2015 Opinion or Order Filing 13 Disregard. Wrong document was uploaded. See #18 . Modified on 9/18/2015. (lak)
September 16, 2015 Opinion or Order Filing 12 Notice of Appearance filed by Jamie A. Stock-Retzloff for Plaintiff Dean Health Plan, Inc. (Stock-Retzloff, Jamie)
September 16, 2015 Opinion or Order Filing 11 ** TEXT ONLY ORDER **Pursuant to F.R. Civ. Pro. 17(c)(2), the petition #10 to appoint a guardian ad litem for proposed intervening plaintiff Star Blue Below-Kopf, a minor, is GRANTED. Attorney Teresa K. Kobelt is appointed as guardian ad litem for Star Blue Below-Kopf. Signed by Magistrate Judge Stephen L. Crocker on 9/16/2015. (kwf)
September 15, 2015 Opinion or Order Filing 10 Motion to Appoint Guardian ad Litem ad Litem by Intervenor Plaintiff Star Blue Below-Kopf. Response due 9/22/2015. (Attachments: #1 Text of Proposed Order Appointing Guardian ad Litem, #2 Certificate of Service) (Kobelt, Teresa) Modified on 9/15/2015. (lak)
September 14, 2015 Opinion or Order Filing 9 Summons Issued as to Yokohama Rubber Company, Ltd. (kwf)
September 11, 2015 Opinion or Order Filing 8 Request for Issuance of Summons by Plaintiffs Charlie Elizabeth Below, Joshua J. Below, Patrick Joshua Below, Dean Health Plan, Inc. (Rottier, Daniel)
September 10, 2015 Opinion or Order Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 10/8/2015 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc)
September 4, 2015 Opinion or Order Filing 7 ANSWER with Jury Demand by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Kriva, James)
September 4, 2015 Opinion or Order Filing 6 AMENDED NOTICE OF REMOVAL by Defendants Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Tire Corporation, Yokohama Tire Manufacturing Virginia, LLC. (Attachments: #1 Exhibit - Sompo Japan Insurance Policy Pages, #2 Exhibit - Proof of Service Affidavits) (Kriva, James) Modified on 9/4/2015. (kwf)
August 27, 2015 Opinion or Order Filing 5 Record from Dane County Circuit Court. (Attachments: #1 Notice of Filing of Notice of Removal, #2 Defendant's Notice of Removal, #3 Docket Sheet, #4 Proof of Service, #5 Petition, Consent and Order Appointing Guardian ad Litem for Charlie Below, #6 Petition, Consent and Order Appointing Guardian ad Litem for Patrick Below, #7 Summons and Complaint) (kwf)
August 24, 2015 Opinion or Order Filing 4 ORDER Regarding Jurisdiction. Defendants have until 9/7/2015 to file and serve an amended notice of removal containing good faith allegations sufficient to establish complete diversity of citizenship for purposes of determining subject matter jurisdiction. Failure to amend timely shall result in prompt dismissal. Signed by District Judge William M. Conley on 8/24/2015. (kwf)
August 24, 2015 Opinion or Order Filing 3 Affidavit of Service by Plaintiff. Yokohama Corporation of America served on 7/24/2014, answer due 8/14/2014; Yokohama Tire Corporation served on 7/24/2014, answer due 8/14/2014; Yokohama Tire Manufacturing Virginia, LLC served on 7/29/2014, answer due 8/19/2014. (Kriva, James)
August 24, 2015 Opinion or Order Filing 2 Exhibit (State Court Complaint) re: #1 Notice of Removal, filed by Yokohama Corporation of America, Yokohama Corporation of North America, Yokohama Rubber Company, Ltd., Yokohama Tire Corporation. (Attachments: #1 JS-44 Civil Cover Sheet, #2 State Court Summons) (Kriva, James) Modified on 8/24/2015. (lak)
August 20, 2015 Opinion or Order Filing 1 NOTICE OF REMOVAL from Dane County Circuit Court, case number 15-CV-1859. ( Filing fee $ 400 receipt number 0758-1620507), filed by Yokohama Rubber Company, Ltd., Yokohama Tire Manufacturing Virginia, LLC, Yokohama Tire Corporation, Yokohama Corporation of America, Yokohama Corporation of North America. (Attachments: #1 JS-44 Civil Cover Sheet and New Case Party Information Sheet, #2 JS-44 Civil Cover Sheet) (Kriva, James) Modified on 8/21/2015: State Court documents to be filed. (lak)
August 20, 2015 Opinion or Order Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (kwf)
August 20, 2015 Opinion or Order Standard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System

Search for this case: Below, Joshua et al v. Yokohama Tire Corporation et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Joshua J. Below
Represented By: Christopher E. Rogers
Represented By: Daniel Anthony Rottier
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Charlie Elizabeth Below
Represented By: Daniel Anthony Rottier
Represented By: Christopher E. Rogers
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Patrick Joshua Below
Represented By: Christopher E. Rogers
Represented By: Daniel Anthony Rottier
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Dean Health Plan, Inc.
Represented By: Jamie A. Stock-Retzloff
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor plaintiff: Star Blue Below-Kopf
Represented By: Teresa K. Kobelt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Yokohama Tire Corporation
Represented By: James J. Kriva
Represented By: Raphael Charles Taylor
Represented By: Douglas Pritchett, Jr.
Represented By: Thomas Christopher Trent
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Yokohama Corporation of America
Represented By: Douglas Pritchett, Jr.
Represented By: Raphael Charles Taylor
Represented By: James J. Kriva
Represented By: Thomas Christopher Trent
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Yokohama Corporation of North America
Represented By: Raphael Charles Taylor
Represented By: Douglas Pritchett, Jr.
Represented By: James J. Kriva
Represented By: Thomas Christopher Trent
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Yokohama Tire Manufacturing Virginia, LLC
Represented By: James J. Kriva
Represented By: Douglas Pritchett, Jr.
Represented By: Raphael Charles Taylor
Represented By: Thomas Christopher Trent
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Yokohama Rubber Company, Ltd.
Represented By: James J. Kriva
Represented By: Douglas Pritchett, Jr.
Represented By: Raphael Charles Taylor
Represented By: Thomas Christopher Trent
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?