Barr Distributing Company, Inc. et al v. Ford Motor Company
| Ronald B. Sergent, Jere C. Trent, Aaron D. Reno, Joe C. Owens, Larry A. Lowe, Louis T. Rogers, Karl Givens, Bradford Kittle, Kevin Sims, Scott Smith, Barr Distribution Company, Inc. and Barr Distributing Company, Inc. |
| Ford Motor Company |
| 2:2020cv00089 |
| February 7, 2020 |
| US District Court for the Middle District of Alabama |
| Wallace Capel |
| R Austin Huffaker |
| Kelly F Pate |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
Docket Report
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Filing 28
ORDER: Upon consideration of the parties' Joint Stipulation of Dismissal (Doc. #27 ), which comports with Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, this action is hereby DISMISSED with prejudice by operation of Rule 41, on the terms agreed to and set out by the parties. The Clerk of the Court is DIRECTED to close this case. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/16/2021. (dmn, )
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| Filing 27 JOINT STIPULATION of Dismissal by Ford Motor Company, Barr Distributing Company, Inc., Karl Givens, Louis T. Rogers, Joe C. Owens, Kevin Sims, Bradford Kittle, Aaron D. Reno, Larry A. Lowe, Ronald B. Sergent. (Cannon, Jeffrey) Modified on 11/16/2021 to include additional filers. (dmn, ) |
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Filing 26
ORDER: Upon consideration of the parties' #25 Notice of Settlement, it is ORDERED that the jury selection and trial date, and all hearings and deadlines attached thereto, are CONTINUED generally; It is further ORDERED that the parties shall file a notice of dismissal on or before 12/14/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/26/2021. (Furn: Calendar, dh) (Term: FPC set for 03/22/2022; Jury selection & Trial set for 05/09/2022) (bes, )
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| Filing 25 NOTICE OF SETTLEMENT by Karl Givens, Bradford Kittle, Larry A. Lowe, Joe C. Owens, Aaron D. Reno, Louis T. Rogers, Ronald B. Sergent, Kevin Sims. (Underwood, Earl) Modified on 10/20/2021 to clean up text. (dmn, ) |
| Filing 24 AMENDED COMPLAINT First against Ford Motor Company, filed by Aaron D. Reno, Ronald B. Sergent, Bradford Kittle, Barr Distributing Company, Inc., Karl Givens, Joe C. Owens, Louis T. Rogers, Kevin Sims, Larry A. Lowe.(Underwood, Earl) |
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Filing 23
TEXT ORDER: The Unopposed First Motion for Leave to File Amended Complaint is GRANTED. Plaintiffs shall file the Amended Complaint on or by 9/30/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/27/2021. (dmn, ) (no pdf)
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| Filing 22 UNOPPOSED First MOTION for Leave to File Amended Complaint, by Barr Distributing Company, Inc., Karl Givens, Bradford Kittle, Larry A. Lowe, Joe C. Owens, Aaron D. Reno, Louis T. Rogers, Ronald B. Sergent, Kevin Sims, Scott Smith, Jere C. Trent. (Attachments: #1 Exhibit Proposed Amended Complaint)(Underwood, Earl) Modified on 9/27/2021 to reflect actual title. (dmn, ) |
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Filing 21
TEXT ORDER granting #20 Motion for Kenneth Reimer to Withdraw as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/5/2021. (dmn, ) (no pdf)
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| *** Attorney Kenneth Joseph Riemer terminated pursuant to 21 Text Order. (dmn, ) |
| Filing 20 MOTION for Kenneth J. Riemer to Withdraw as Attorney by Barr Distributing Company, Inc. (Riemer, Kenneth) Modified on 8/5/2021 to include attorney name. (dmn, ) |
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Filing 19
SECOND AMENDED SCHEDULING ORDER: On 6/21/2021, the Court granted Plaintiffs' Unopposed Motion to Amend the Uniform Scheduling Order (Doc. #17 ). (See Doc. 18 .) Accordingly, it is ORDERED that the deadlines in the Amended Scheduling Order (Doc. #13 ) are further amended as follows. A Pretrial Conference is scheduled for 3/22/2022 at 02:30 PM in CR 2D in Montgomery, AL before Honorable Judge R. Austin Huffaker Jr. Proposed Pretrial Order due 3/17/2022. Jury Selection and Jury Trial set for term of court commencing on 5/9/2022 at 10:00 AM in Montgomery, Alabama before Honorable Judge R. Austin Huffaker Jr. Discovery due by 10/13/2021. Motions due by 11/15/2021. Mediation Notice due by 10/18/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/27/2021. Furnished Calendar, DH. (Deadlines terminated: Pretrial Conference 1/13/2022 at 11:00 AM in CR 2D; Jury Selection and Jury Trial 2/28/2022 at 10:00 AM in Montgomery, Alabama before Honorable Judge R. Austin Huffaker Jr.)(dmn, )
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Filing 18
TEXT ORDER: The Unopposed Motion to Amend Uniform Scheduling Order (Doc. #17 ) is GRANTED. A new amended scheduling order will be separately issued. Signed by Honorable Judge R. Austin Huffaker, Jr on 6/21/2021. (dmn, ) (no pdf)
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| Filing 17 Second Unopposed MOTION to Amend #13 Uniform Scheduling Order, by Karl Givens, Bradford Kittle, Larry A. Lowe, Joe C. Owens, Aaron D. Reno, Louis T. Rogers, Ronald B. Sergent, Kevin Sims, Scott Smith, Jere C. Trent. (Underwood, Earl) Modified on 6/2/2021 to clean up text and reflect actual title. (dmn, ) |
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Filing 16
ORDER: Upon consideration of the Stipulation of Dismissal between Plaintiffs Scott Smith and Jere C. Trent and Defendant Ford Motor Company, (Doc. #15 ), filed on February 26, 2021, for good cause shown, all claims asserted by Scott Smith and Jere C. Trent are hereby dismissed with prejudice on the terms set out and agreed to by the parties. The other Plaintiffs claims against Ford Motor Company shall remain pending. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/1/2021. (dmn, )
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| Filing 15 JOINT STIPULATION of Dismissal by Ford Motor Company, Barr Distributing Company, Aaron D. Reno, Karl Givens, Louis T. Rogers, Joe C. Owens, Kevin Sims, Bradford Kittle, Larry A. Lowe, Ronald B. Sergent, Scott Smith, Jere C. Trent. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal for 2 Plaintiffs)(Cannon, Jeffrey) Modified on 3/1/2021 to include additional filers. (dmn, ) |
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Filing 14
ORDER: The Amended Scheduling Order (Doc. #13 ) entered on 12/4/2020, is MODIFIED as follows: SECTION 13: Voir Dire. The parties shall file any requested voir dire questions, motions in limine fully briefed, and any proposed jury instructions, together with citations of law thereon, on or before January 31, 2022 unless said time is shortened by the court on motion of either party. Objections to motions in limine, fully briefed, must be filed on or before February 7, 2022. Trial counsel are directed to review the jury questionnaire used in this court and to avoid any duplication of matters addressed therein in their voir dire questions. The jury questionnaire is available on the courts website at http://www.almd.uscourts.gov. Click on the juror information tab under the heading "For Jurors" at the top of the home page. All other provisions of the Amended Scheduling Order (Doc. #13 ) entered on December 4, 2020, remain in full force and effect. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/9/2020. (dmn, )
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Filing 13
AMENDED SCHEDULING ORDER: Now before the Court is the Plaintiff's unopposed Motion to Amend Uniform Scheduling Order (Doc. #12 ) filed 11/18/2020. Upon consideration of the motion and for good cause, it is ORDERED that the motion (Doc. #12 ) is GRANTED to the extent set forth in this order. It is further ORDERED that the Uniform Scheduling Order (Doc. #8 ) entered on 3/13/2020, is MODIFIED as follows:A Pretrial Conference is scheduled for 1/13/2022 at 11:00 AM in CR 2D in Montgomery, AL before Honorable Judge R. Austin Huffaker Jr. Proposed Pretrial Order due by 1/6/2022. Jury Selection and Jury Trial set for term of court commencing on 2/28/2022 at 10:00 AM in Montgomery, Alabama before Honorable Judge R. Austin Huffaker Jr. Discovery due by 7/16/2021. Motions due by 8/16/2021. Mediation Notice due by 7/21/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/4/2020. Furnished calendar, DH. (Deadlines terminated: PTC set for 8/26/2021. Jury Selection and Jury Trial set for 10/18/2021.) (dmn, ) Modified on 12/9/2020, Section 13 Voir Dire AMENDED, see #14 Order. (dmn, ).
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| Filing 12 MOTION to Amend #8 UNIFORM SCHEDULING ORDER by Barr Distributing Company, Inc., Karl Givens, Bradford Kittle, Larry A. Lowe, Joe C. Owens, Aaron D. Reno, Louis T. Rogers, Ronald B. Sergent, Kevin Sims, Scott Smith, Jere C. Trent. (Carter, Kristin) Modified on 11/24/2020 to create link. (dmn, ) |
| Filing 11 NOTICE of Appearance by Kristin Amanda Carter on behalf of All Plaintiffs (Carter, Kristin) |
| Case reassigned to Honorable Judge Kelly F. Pate. Honorable Judge Wallace Capel, Jr no longer assigned to the case as referral judge. (dmn, ) (no pdf) |
| Filing 10 NOTICE of Non-Compliance re #9 Notice of Service of Discovery Material and Certificate of Service: Interrogatories Propounded to Defendant Ford Motor Company. The referenced document is discovery and is not allowed pursuant to Local Rule 26.3 NON-FILING OF CIVIL DISCOVERY. The document is hereby STRICKEN from the record and the parties are instructed to disregard the entry of this document on the court docket. (Attachments: #1 Local Rule 26.3 Non-Filing of Civil Discovery)(dmn, ) |
| Filing 9 [STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE OF SERVICE OF DISCOVERY MATERIAL AND CERTIFICATE OF SERVICE: INTERROGATORIES Propounded to Defendant Ford Motor Company by Barr Distributing Company, Inc., Scott Smith. (Underwood, Earl) Modified on 4/21/2020. (dmn, ) |
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Filing 8
UNIFORM SCHEDULING ORDER: A Pretrial Conference is scheduled for 8/26/2021 at 10:00 AM in CR 2D before Honorable Judge R. Austin Huffaker Jr. Proposed Pretrial Order due by 8/19/2021. Jury Selection set for 10/18/2021 at 10:00 AM in Montgomery, Alabama before Honorable Judge R. Austin Huffaker Jr. Jury Trial set for 10/18/2021 at 10:00 AM in CR 2D before Honorable Judge R. Austin Huffaker Jr. Motions due by 4/9/2021. Mediation Notice due by 3/15/2021. Amended Pleadings due by 5/27/2020. Discovery due by 3/10/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/13/2020. Furnished calendarModified on 3/13/2020 (dmn, ).
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| Filing 7 REPORT of Rule 26(f) Planning Meeting. (Parker, Rudolph) |
| Filing 6 Corporate/Conflict Disclosure Statement by Barr Distributing Company, Inc., Karl Givens, Bradford Kittle, Larry A. Lowe, Joe C. Owens, Aaron D. Reno, Louis T. Rogers, Ronald B. Sergent, Kevin Sims, Scott Smith, Jere C. Trent. (Underwood, Earl) |
| Filing 5 NOTICE of Appearance by Kenneth Joseph Riemer on behalf of All Plaintiffs (Riemer, Kenneth) |
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Filing 4
RULE 26(f) ORDER directing the parties to file the Rule 26(f) report with a proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 3/10/2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/18/2020. (dmn, )
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| Filing 3 ANSWER to Complaint, with JURY DEMAND by Ford Motor Company.(dmn, ) |
| Filing 2 Corporate/Conflict Disclosure Statement by Ford Motor Company. (dmn, ) |
| Filing 1 NOTICE OF REMOVAL by Ford Motor Company from Circuit Court of Barbour County, AL, case number 69-cv-20-900001.00. ( Filing fee $ 400.00 receipt number 4602056703) (Attachments: #1 Exhibit A, State Court Proceedings, #2 Civil Cover Sheet, #3 Filing Fee Receipt, #4 State Court Complaint (with Exhibits 1-5)) (dmn, ) |
| COMPLAINT against Ford Motor Company, filed by Aaron D. Reno, Ronald B. Sergent, Scott Smith, Bradford Kittle, Barr Distributing Company, Inc., Karl Givens, Jere C. Trent, Joe C. Owens, Louis T. Rogers, Kevin Sims, Larry A. Lowe.(dmn, ) (no pdf, see Doc. #1 ) |
| DEMAND for Trial by Jury by Barr Distributing Company, Inc., Karl Givens, Bradford Kittle, Larry A. Lowe, Joe C. Owens, Aaron D. Reno, Louis T. Rogers, Ronald B. Sergent, Kevin Sims, Scott Smith, Jere C. Trent. (dmn, ) (no pdf, see Doc. #1 ) |
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