LaPenna v. Cooper Tire & Rubber Company
| Frank LaPenna |
| Ford Motor Company and Cooper Tire & Rubber Company |
| 2:2010cv01018 |
| December 2, 2010 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| XX US, Outside State |
| Wallace Capel |
| Mark E Fuller |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on July 7, 2011. A more recent docket listing may be available from PACER.
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Filing 40
MEMORANDUM OPINION AND ORDER granting the #31 Motion to dismiss negligence claims against Cooper Tire; granting the #20 Motion to transfer venue to the United States District Court for the Southern District of Georgia; denying as moot the #37 motion to stay discovery pending resolution of the motion to transfer; transferring this case to the United States District Court for the Southern District of Georgia; directing the Clerk to take all necessary steps to effectuate the transfer of Plaintiff's civil action. Signed by Honorable Judge Mark E. Fuller on 7/7/2011. term: Final Pretrial Conference set for 08/30/2012; term Jury Trial set for 10/01/2012 (br, )
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Case transferred to Southern District of Georgia. Case documents and certified docket sheet sent via email to Clerk, USDC for SDGA. (br, )
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Filing 39
REPLY to #38 Response to #37 MOTION to Stay Discovery filed by Cooper Tire & Rubber Company. (Warburton, Reed) Modified on 6/22/2011 to add link and simplify text (br, ).
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Filing 38
RESPONSE in Opposition re #37 MOTION to Stay Discovery re #20 MOTION to Transfer, filed by Frank LaPenna. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Baker, Benjamin) Modified on 6/17/2011 to modify the docket to correctly identify the #37 Motion (wcl, ).
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Filing 37
MOTION to Stay Discovery pending resolution of the #20 Motion to Transfer by Cooper Tire & Rubber Company. (Attachments: #1 Exhibit A to Motion to Stay Discovery)(Spaht, William) Modified on 6/14/2011 (br, ).
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Filing 36
RESPONSE in Support re #31 MOTION to Dismiss Negligence Claims Subject to and Without Waiving Defendant Cooper Tire's Pending Motion to Transfer Venue filed by Cooper Tire & Rubber Company. (Spaht, William)
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Filing 35
ORDER that the Defendants show cause in writing why the #31 Motion to Dismiss Negligence Claims should not be granted. Show Cause Response due by 4/22/2011. Signed by Hon. Chief Judge Mark E. Fuller on 4/14/2011. (br, )
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Filing 34
REPLY BRIEF re #30 Response in Opposition #23 to Motion for Protective Order filed by Frank LaPenna. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit E, #7 Exhibit E, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S)(Baker, Benjamin) Modified on 4/6/2011 to add link (br, ).
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Filing 33
ORDER granting #32 MOTION to File a Reply Brief; Plf shall have until on or before 4/6/2011, in order to file a Reply Brief, as further set out. Signed by Honorable Wallace Capel, Jr on 3/29/2011. (wcl, )
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Filing 32
MOTION for Leave to File a Reply Brief Regarding the Entry of a Protective Order by Frank LaPenna. (Baker, Benjamin)
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Filing 31
MOTION to Dismiss Negligence Claims by Frank LaPenna. (Baker, Benjamin)
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Filing 30
RESPONSE in Opposition re #23 MOTION for Protective Order filed by Cooper Tire & Rubber Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Warburton, Reed)
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Filing 29
Supplementation to #23 MOTION for Protective Order by Frank LaPenna. (Attachments: #1 Exhibit 1)(Baker, Benjamin) Modified on 3/22/2011 to clarify text (br, ).
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Filing 28
REPLY TO #27 Response in Opposition to #20 MOTION to Transfer filed by Cooper Tire & Rubber Company. (Warburton, Reed) Modified on 3/14/2011 to clarify text and add link (br, ).
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Filing 27
AMENDED #24 Opposition to #20 Motion to Transfer and Memorandum in Support by Frank LaPenna. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Baker, Benjamin) Modified on 3/8/2011 to simplify text (br, ).
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Filing 26
ORDER setting the #11 #12 #23 MOTIONS for Protective Orders for submission on 3/25/2011. Signed by Honorable Wallace Capel, Jr on 3/7/2011. (br, )
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Filing 25
ORDER that the Defendant may file a Reply to the #24 Response in Opposition by 3/11/2011. Signed by Hon. Chief Judge Mark E. Fuller on 3/7/2011. (br, )
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Filing 24
RESPONSE in Opposition re #20 MOTION to Change Venue to Transfer filed by Frank LaPenna. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Baker, Benjamin)
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Filing 23
MOTION for Protective Order by Frank LaPenna. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Baker, Benjamin)
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Filing 22
ORDER that the plaintiffs show cause why the #20 Motion to Change Venue should not be granted. Show Cause Response due by 3/4/2011. Signed by Hon. Chief Judge Mark E. Fuller on 2/24/2011. (br, )
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Filing 21
BRIEF/MEMORANDUM in Support re #20 MOTION to Change Venue to Transfer filed by Cooper Tire & Rubber Company. (Warburton, Reed)
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Filing 20
MOTION to Change Venue to Transfer by Cooper Tire & Rubber Company. (Attachments: #1 Exhibit Exhibit A)(Warburton, Reed)
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Filing 19
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 8/30/2012 before Hon. Chief Judge Mark E. Fuller. Jury Trial set for 10/1/2012 before Hon. Chief Judge Mark E. Fuller. Amended Pleadings due by 8/15/2011. Discovery due by 2/28/2012. Motions due by 5/30/2012. Mediation Notice due by 6/25/2012. Signed by Hon. Chief Judge Mark E. Fuller on 2/16/2011. (br, )
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Filing 18
ORDER directing: 1) That all claims against dft Ford Motor Company are DISMISSED with prejudice, each party to bear its own costs; 2) That plf's claims as set forth in the complaint remain against all other dfts; 3) That the caption of this case is changed to reflect that this action is brought against Cooper Tire & Rubber Company. The parties are directed to use the new caption as it appears on this Order for all future submissions to the Court. Signed by Hon. Chief Judge Mark E. Fuller on 2/11/2011. (Attachments: #1 Civil Appeals Checklist) (wcl, )
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Filing 17
NOTICE of Correction re #16 MOTION to Dismiss, to attach a corrected PDF document to include a correct certificate of service page. (Attachments: #1 Corrected Main PDF Document to Docket Entry #16 )(wcl, )
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Filing 16
MOTION to Dismiss by Frank LaPenna. (Baker, Benjamin) (Main Document 16 replaced on 2/9/2011 to attach a corrected PDF document to include a correct certificate of service page) (wcl, ). Modified on 2/9/2011 (wcl, ).
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Filing 15
REPORT of Rule 26(f) Planning Meeting. (Schuck, Gregory)
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Filing 14
NOTICE of Appearance by Jennifer Hadrick Reid on behalf of Ford Motor Company (Reid, Jennifer)
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Filing 13
RULE 26(f) ORDER: Rule 26 Meeting Report due by 2/10/2011. Signed by Hon. Chief Judge Mark E. Fuller on 1/13/2011. (br, )
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Case reassigned to Honorable Wallace Capel, Jr as referral judge. Honorable Susan Russ Walker no longer assigned to the case. NO PDF attached to this entry. (br, )
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***Attorneys Justin Toby McDonald and William Carlos Spaht added for Cooper Tire & Rubber Company pursuant to #6 Answer; Attorneys Gregory Lee Schuck and Nicholas Charles Gonzalez added for Ford Motor Company pursuant to #8 Answer. (br, )
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Filing 12
MOTION for Protective Order regarding preservation of evidence by Ford Motor Company. (Attachments: #1 Text of Proposed Order)(Thomas, Donald)
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Filing 11
MOTION for Protective Order regarding HIPAA compliance by Ford Motor Company. (Attachments: #1 Text of Proposed Order)(Thomas, Donald)
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Filing 10
Corporate/Conflict Disclosure Statement by Ford Motor Company. (Thomas, Donald)
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Filing 9
NOTICE by Ford Motor Company of Proceeding (Attachments: #1 Appendix Answer of Defendant Ford Motor Company)(Thomas, Donald)
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Filing 8
ANSWER to #1 Complaint with Jury Demand by Ford Motor Company.(Thomas, Donald)
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Filing 7
Corporate/Conflict Disclosure Statement by Cooper Tire & Rubber Company. (Warburton, Reed)
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Filing 6
Answer of Defendant Cooper Tire & Rubber Company ANSWER to #5 Amended Complaint by Cooper Tire & Rubber Company.(Warburton, Reed)
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DEMAND for Trial by Jury by Frank LaPenna. (No PDF Attached-See Docket Entry #5 ) (wcl, )
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Filing 5
AMENDED COMPLAINT against Cooper Tire & Rubber Company, Ford Motor Company, filed by Frank LaPenna.(Baker, Benjamin)
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Filing 4
Return Receipt Cards showing service of summons and complaint signed by Laura Payne for Cooper Tire & Rubber Company served on 12/7/2010, answer due 12/28/2010; Ford Motor Company served on 12/7/2010, answer due 12/28/2010. (br, )
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Filing 3
Summons Issued; summons and complaint mailed CMRRR as to Ford Motor Company, Cooper Tire & Rubber Company. (br, )
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Filing 2
Corporate/Conflict Disclosure Statement by Frank LaPenna. (br, )
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Filing 1
COMPLAINT FOR WRONGFUL DEATH against Cooper Tire & Rubber Company, Ford Motor Company (Filing fee $ 350.00 receipt number 4602016470), filed by Frank LaPenna. (Attachments: #1 Receipt)(br, )
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DEMAND for Trial by Jury by Frank LaPenna. NO PDF attached; see #1 Complaint for PDF. (br, )
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