Hernandez et al v. Hankook Tire America Corporation et al

Justia Dockets & Filings Eleventh Circuit Alabama Northern District Hernandez et al v. Hankook Tire America Corporation et al

Hernandez et al v. Hankook Tire America Corporation et al

Plaintiff:	Gregoria Hernandez Hernandez and Paloma Santiago Hernandez
Defendant:	Hankook Tire America Corporation, Hankook Tire Company LTD, Ford Motor Company, Wal-Mart Stores Inc and Wal-Mart Stores East LP
Case Number:	2:2012cv03618
Filed:	October 16, 2012
Court:	US District Court for the Northern District of Alabama
Office:	Southern Office
County:	Shelby
Presiding Judge:	William M Acker
Nature of Suit:	Motor Vehicle Prod. Liability
Cause of Action:	28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability
Jury Demanded By:	Both

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This docket was last retrieved on August 22, 2014. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 22, 2014	Filing 77 ORDER The court having been informed that the remaining parties in this action have settled and compromised all issues between them, the action is DISMISSED WITH PREJUDICE. The parties shall bear their own respective costs. The case can be reinstated within 45 days for the limited purpose of submitting a stipulation that will substitute for this order. Signed by Judge William M Acker, Jr on 8/22/14. (SAC )
July 3, 2014	Filing 76 MEMORANDUM OPINION AND ORDER re #69 MOTION to Compel Discovery - For the reasons given within, the court ORDERS Hernandez to answer deposition questions about her immigration status and Garcia's past immigration status unless she refuses to answer pursuant to her privilege against self-incrimination or the presentation of a motion under FED R. CIV. P. 30(d)(3), if warranted. The court DENIES Hankooks motion to compel plaintiffs to answer Hankooks Fourth Set of Discovery Requests because they have asserted their privilege against self-incrimination, and the information sought is irrelevant and is not reasonably calculated to lead to admissible evidence. Signed by Judge William M Acker, Jr on 7/3/14. (SAC )
June 25, 2014	Filing 75 REPLY Brief filed by Defendants Hankook Tire America Corporation, Hankook Tire Company LTD re: #69 MOTION to Compel Discovery, #71 Response in Opposition to Motion filed by Hankook Tire America Corporation, Hankook Tire Company LTD. (Goodman, John)
June 24, 2014	Filing 74 ORDER OF PRO TANTO DISMISSAL It is ORDERED that said case against Ford Motor Company is Dismissed with prejudice with each party to bear their own costs and attorney's fees; This Dismissal does not affect the Plaintiff's rights to continue to pursue their claims against any other remaining Defendants in this action. Signed by Judge William M Acker, Jr on 6/24/14. (SAC )
June 23, 2014	Filing 73 STIPULATION of Dismissal Joint by Ford Motor Company. filed by Ford Motor Company (Attachments: #1 Text of Proposed Order)(Schuck, Gregory)
June 23, 2014	Filing 72 Joint MOTION to Continue Deadlines by Hankook Tire America Corporation, Hankook Tire Company LTD. (Goodman, John)
June 23, 2014	ORDER granting and ordering accordingly #72 Motion for extension of deadlines. Scheduling order deadlines are EXTENDED for 90 days. Signed by Judge William M. Acker, Jr. on 06/23/2014. (SKR)
June 18, 2014	Filing 71 RESPONSE in Opposition re #69 MOTION to Compel Discovery Plaintiffs' Response to Hankook Defendants' Motion to Compel Discovery filed by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez. (Shamblin, Jason)
June 4, 2014	Filing 70 SUBMISSION ORDER re #69 MOTION to Compel Discovery: If plaintiffs wish to respond to the motion, they shall do so on or before June 18, 2014. Hankook may file a reply on or before June 25, 2014. Signed by Judge William M Acker, Jr on 6/4/14. (SAC )
June 4, 2014	Filing 69 MOTION to Compel Discovery by Hankook Tire America Corporation, Hankook Tire Company LTD. (Attachments: #1 Exhibit A - Warr Deposition, #2 Exhibit B - C.Mathews Deposition, #3 Exhibit C - R.Mathews Deposition, #4 Exhibit D - G.Hernandez Deposition, #5 Exhibit E - Letters, #6 Exhibit F - Discovery Requests, #7 Exhibit G - Discovery Responses, #8 Exhibit H - May 27 Letter)(Goodman, John)
May 16, 2014	Filing 68 ORDER OF PRO TANTO DISMISSAL The Joint Stipulation of Pro Tanto Dismissal as to Defendants Wal-Mart Stores, Inc and Wal-Mart Stores East, LP are GRANTED and Plaintiff's claims against these parties are DISMISSED WITH PREJUDICE. Signed by Judge William M Acker, Jr on 5/16/14. (SAC )
May 16, 2014	Filing 67 MOTION to Dismiss JOINT STIPULATION OF PRO TANTO DISMISSAL by Wal-Mart Stores East LP, Wal-Mart Stores Inc. (Attachments: #1 Text of Proposed Order Dismissal)(Sydnor, Marda)
February 26, 2014	ORDER granting and ordering accordingly #66 Joint motion for extension of deadlines. Deadlines EXTENDED by 120 days. Signed by Judge William M. Acker, Jr. on 02/26/14. (SKR)
February 25, 2014	Filing 66 Joint MOTION for Extension of Time of Deadlines by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez. (Shamblin, Jason)
January 28, 2014	PHV Fee paid: $50.00, ALND receipt number B4601049955. (SAC )
January 28, 2014	Filing 65 ORDER granting #64 Motion for Limited Admission; see within for further instructions. Signed by Judge William M Acker, Jr on 1/28/14. (SAC)
January 27, 2014	Filing 64 MOTION for Limited Admission Pro Hac Vice Admission of David M. Tarlow by Wal-Mart Stores East LP, Wal-Mart Stores Inc. (Sydnor, Marda)
January 17, 2014	Filing 63 STIPULATED PROTECTIVE ORDER GOVERNING WAL-MART CONFIDENTIAL MATERIAL Signed by Judge William M Acker, Jr on 1/17/14. (SAC )
January 17, 2014	ORDER granting and ordering accordingly #62 Motion for Protective Order. Signed by Judge William M. Acker, Jr. on 01/17/14. (SKB)
January 16, 2014	Filing 62 MOTION for Protective Order of Confidentiality Governing Wal-Mart Confidential Information by Wal-Mart Stores East LP, Wal-Mart Stores Inc. (Attachments: #1 Exhibit)(Sydnor, Marda)
November 6, 2013	Filing 61 ORDER The order setting the above-entitled case for pretrial conference at 10:30 a.m. on December 5, 2013, is VACATED as entered in error. The case remains governed by the scheduling order of April 2, 2013. Signed by Judge William M Acker, Jr on 11/6/13. (SAC )
November 5, 2013	Filing 60 * VACTED per #61 ORDER * ORDER Pretrial conference is SET at 10:30 a.m, December 5, 2013, in accordance with the attached pretrial instructions unless before that time the parties jointly move for mediation in accordance with the courts ADR rules. Signed by Judge William M Acker, Jr on 11/5/13. (Attachments: #1 Pretrial Instructions)(SAC ) Modified on 11/6/2013 (SAC ).
October 30, 2013	Filing 59 MEMORANDUM OPINION AND ORDER re #51 Joint MOTION for Summary Judgment Ford and Wal-Mart Defendants' Joinder and Motion for Partial Summary Judgment and #49 MOTION for Partial Summary Judgment ; For reasons as noted within, the court finds that defendants are not entitled to judgment as a matter of law on the issue of plaintiffs standing to pursue her wrongful death claim. The motion for partial summary judgment is DENIED. Signed by Judge William M Acker, Jr on 10/30/13. (SAC )
October 11, 2013	Filing 58 REPLY Brief filed by Defendants Ford Motor Company, Hankook Tire America Corporation, Hankook Tire Company LTD, Wal-Mart Stores East LP, Wal-Mart Stores Inc re: #51 Joint MOTION for Summary Judgment Ford and Wal-Mart Defendants' Joinder and Motion for Partial Summary Judgment, #49 MOTION for Partial Summary Judgment filed by Ford Motor Company, Hankook Tire America Corporation, Hankook Tire Company LTD, Wal-Mart Stores East LP, Wal-Mart Stores Inc. (Goodman, John)
September 23, 2013	Filing 57 ORDER granting #55 Notice of Voluntary Dismissal (treated as a motion to dismiss); plaintiffs action insofar as it invokes state law with respect to Hankook Tire American Corporations and Hankook Tire Co., Ltd.s alleged failure to adequately warn of tire defects is DISMISSED WITH PREJUDICE. The case shall proceed as to all other claims and parties. Signed by Judge William M Acker, Jr on 9/23/13. (SAC )
September 20, 2013	Filing 56 RESPONSE to Motion re #51 Joint MOTION for Summary Judgment Ford and Wal-Mart Defendants' Joinder and Motion for Partial Summary Judgment, #49 MOTION for Partial Summary Judgment filed by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Shamblin, Jason)
September 20, 2013	Filing 55 NOTICE of Voluntary Dismissal by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez (Shamblin, Jason)
September 10, 2013	Filing 54 Hankook Tire America Corporation ANSWER to #46 Amended Complaint by Hankook Tire America Corporation.(Goodman, John)
September 10, 2013	Filing 53 Hankook Tire Co., LTD. ANSWER to #46 Amended Complaint by Hankook Tire Company LTD.(Goodman, John)
September 3, 2013	Set Deadlines as to #51 Joint MOTION for Summary Judgment Ford and Wal-Mart Defendants' Joinder and Motion for Partial Summary Judgment. Responses due by 9/20/2013 Replies due by 10/11/2013. (ADF)
August 28, 2013	Filing 52 SUBMISSION ORDER re Joint MOTION for Summary Judgment; If Plaintiffs wish to respond they shall do so on or before 4:30 P.M., September 20, 2013. If defendants desire to reply to any such response, they shall do so on or before 4:30 P.M., October 11, 2013. Signed by Judge William M Acker, Jr on 8/28/13. (SAC )
August 27, 2013	Filing 51 Joint MOTION for Summary Judgment Ford and Wal-Mart Defendants' Joinder and Motion for Partial Summary Judgment by Ford Motor Company, Wal-Mart Stores East LP, Wal-Mart Stores Inc. (Attachments: #1 Exhibit Ex. A - G. Hernadez Depo. Excerpts, #2 Exhibit Ex. B - P. Hernandez Depo Excerpts, #3 Exhibit Ex. C - Application for admin. ad litem appointment, #4 Exhibit Ex. D - Order appointing admin. ad litem)(Reid, Jennifer)
August 27, 2013	Filing 50 Ford Motor Company's ANSWER to #46 Amended Complaint by Ford Motor Company.(Reid, Jennifer)
August 27, 2013	Filing 49 MOTION for Partial Summary Judgment by Hankook Tire America Corporation, Hankook Tire Company LTD. (Attachments: #1 Exhibit A - Accident Report, #2 Exhibit B - Depo of G.Hernandez, #3 Exhibit C - Application fo Appointment, #4 Exhibit D - Order, #5 Exhibit E - Depo of P.Hernandez, #6 Exhibit F - Certificate of Title, #7 Exhibit G - Odometer Photo)(Goodman, John)
August 27, 2013	Filing 48 Defendants Wal-Mart Stores, Inc. and Wal-Mart Stores East, L.P.'s ANSWER to Complaint with Jury Demand Answer to Second Amended Complaint by Wal-Mart Stores East LP, Wal-Mart Stores Inc.(Sydnor, Marda)
August 27, 2013	Filing 47 ORDER granting #45 Motion for Leave to Appear Pro Hac Vice ; see within for conditions. Signed by Judge William M Acker, Jr on 8/27/13. (SAC )
August 27, 2013	Filing 46 AMENDED COMPLAINT Plaintiffs' Second Amended Complaint against All Defendants, filed by Paloma Santiago Hernandez, Gregoria Hernandez Hernandez.(Shamblin, Jason)
August 27, 2013	Filing 45 MOTION for Leave to Appear Pro Hac Vice by Hankook Tire America Corporation, Hankook Tire Company LTD. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Goodman, John)
August 27, 2013	PHV Fee paid: $ 50, ALND receipt#: B4601046315/receipt number 1126-1996544. (Goodman, John) Modified on 8/29/2013 (SAC, ).
July 16, 2013	Filing 44 ANSWER to #37 Amended Complaint by Wal-Mart Stores East LP, Wal-Mart Stores Inc.(Sydnor, Marda)
June 27, 2013	Filing 43 SUMMONS Returned Executed by Paloma Santiago Hernandez, Gregoria Hernandez Hernandez. Wal-Mart Stores East LP served on 6/25/2013, answer due 7/16/2013. (MSN)
June 21, 2013	Filing 42 Summons Issued as to Wal-Mart Stores East LP(complaint and amended complaint); sent to Defendant via certified mail. (SAC )
June 18, 2013	Filing 41 Request for service by certified mail filed by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez. (Watson, Leila)
June 14, 2013	Filing 40 Hankook Tire America Corporation's ANSWER to #37 Amended Complaint by Hankook Tire America Corporation.(Goodman, John)
June 14, 2013	Filing 39 Hankook Tire Co., Ltd. ANSWER to #37 Amended Complaint by Hankook Tire Company LTD.(Goodman, John)
June 14, 2013	Filing 38 ANSWER to #37 Amended Complaint by Ford Motor Company.(Reid, Jennifer)
May 31, 2013	Filing 37 AMENDED COMPLAINT adding Wal-Mart Stores East, L.P. against All Defendants, filed by Paloma Santiago Hernandez, Gregoria Hernandez Hernandez.(Watson, Leila)
May 30, 2013	ORDER granting and ordering accordingly #36 Motion for leave to amend complaint. Signed by Judge William M. Acker, Jr. on 05-30-13. (SKB)
May 29, 2013	Filing 36 MOTION to Amend/Correct Complaint by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez. (Watson, Leila)
April 23, 2013	Filing 35 STIPULATED PROTECTIVE ORDER of Confidentiality Governing Hankook Confidential Information Signed by Judge William M Acker, Jr on 4/23/13. (SAC )
April 23, 2013	Filing 34 MOTION for Protective Order of Confidentiality Governing Hankook Confidential Information (Unopposed) by Hankook Tire America Corporation, Hankook Tire Company LTD. (Attachments: #1 Exhibit A - Agreed Protective Order)(Goodman, John)
April 2, 2013	Filing 33 SCHEDULING ORDER AND NOTICE TO ALL ATTORNEYS AND PARTIES READ CAREFULLY The court orders that the limitations as setout within shall apply. Signed by Judge William M Acker, Jr on 4/2/13. (SAC )
April 2, 2013	Minute Entry for proceedings held before Judge William M Acker, Jr: Scheduling Conference held on 4/2/2013. (Court Reporter Leah Turner.) (ADF)
March 25, 2013	Filing 32 NOTICE by Wal-Mart Stores Inc OF SERVICE OF DISCOVERY DOCUMENT (RULE 26.1 DISCLOSURES) (Sydnor, Marda)
March 25, 2013	Filing 31 NOTICE by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez of Service of Discovery Documents - Plaintiffs' Initial Disclosures (Shamblin, Jason)
March 25, 2013	Filing 30 NOTICE by Ford Motor Company of Service of Initial Disclosure (Reid, Jennifer)
March 18, 2013	Scheduling Conference set for 4/2/2013 10:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge William M Acker Jr. (SAC )
March 15, 2013	Filing 29 ORDER Scheduling Conference set for April 2, 2013 at 10:30 AM in Hugo L Black US Courthouse, Birmingham, AL, in chambers, before Judge William M Acker Jr. Signed by Judge William M Acker, Jr on 3/15/13. (SAC ) Modified on 3/18/2013 (SAC ).
March 13, 2013	Filing 28 REPORT of Rule 26(f) Planning Meeting. (Goodman, John)
February 13, 2013	Filing 27 NOTICE of Corporate Disclosure by Hankook Tire Company LTD (Goodman, John)
February 13, 2013	Set Deadlines: Rule 26 Meeting Report due by 4/12/2013. (ADF)
February 12, 2013	Filing 26 ORDER by the court reminding the parties of their obligations under FRCP 7.1, 26 and 16. Signed by Judge William M Acker, Jr on 2/12/13. (KGE, )
February 12, 2013	Filing 25 ANSWER to Complaint by Hankook Tire Company LTD.(Goodman, John)
December 10, 2012	Filing 24 Corporate Disclosure Statement by Hankook Tire America Corporation. filed by Hankook Tire America Corporation (McDonald, Justin)
December 10, 2012	Filing 23 ANSWER to Complaint by Hankook Tire America Corporation.(McDonald, Justin)
November 26, 2012	Filing 22 SUMMONS Returned Executed Hankook Tire America Corporation served on 11/19/2012, answer due 12/10/2012. (KGE, )
November 15, 2012	Filing 21 ALIAS Summons Issued as to Hankook Tire America Corporation, mailed certified mail (KGE, )
November 13, 2012	Filing 20 HIPAA ORDER IN CIVIL ACTION. Signed by Judge William M Acker, Jr on 11/13/12. (ASL)
November 13, 2012	Filing 19 PROTECTIVE ORDER. Signed by Judge William M Acker, Jr on 3/13/12. (ASL)
November 13, 2012	Filing 18 First Amended ANSWER to Complaint with jury demand by Ford Motor Company.(Thomas, D) (deemed filed on 11/9/12, document not formatted in PDF form, e-filed again on this date) Modified text on 11/13/2012 (KGE)
November 13, 2012	ORDER granting and entering accordingly #15 Motion to Quash. Signed by Judge William M. Acker, Jr. on November 13, 2012. (KHW)
November 9, 2012	Filing 17 Corporate Disclosure Statement by Wal-Mart Stores Inc. filed by Wal-Mart Stores Inc (Sydnor, Marda)
November 9, 2012	Filing 16 ANSWER to Complaint with JURY DEMAND by Wal-Mart Stores Inc.(Sydnor, Marda)
November 9, 2012	Filing 15 MOTION to Quash Service of the Summons and Complaint by Hankook Tire America Corporation. (Goodman, John)
November 9, 2012	Filing 14 MOTION for Protective Order by Ford Motor Company. (Reid, Jennifer)
November 9, 2012	Filing 13 MOTION for Hipaa Order by Ford Motor Company. (Reid, Jennifer)
November 9, 2012	Filing 12 Corporate Disclosure Statement by Ford Motor Company. filed by Ford Motor Company (Reid, Jennifer)
November 9, 2012	Filing 11 ANSWER to Complaint by Ford Motor Company.(Reid, Jennifer)
November 1, 2012	Filing 10 NOTICE of Appearance by Sigfredo Rubio on behalf of All Plaintiffs (Rubio, Sigfredo)
October 24, 2012	Filing 9 SUMMONS Returned Executed Ford Motor Company served on 10/19/2012, answer due 11/9/2012; Wal-Mart Stores Inc served on 10/19/2012, answer due 11/9/2012. (KGE, )
October 22, 2012	Filing 8 SUMMONS Returned Executed Hankook Tire America Corporation served on 10/19/2012, answer due 11/9/2012. (KGE, )
October 22, 2012	Filing 7 Summons Issued as to Hankook Tire Company LTD, returned to pla for service (KGE, )
October 19, 2012	Filing 6 ORDER granting #2 Motion for Extension of Time for service of process on dft Hankook Tire Co LTD. Signed by Judge William M Acker, Jr on 10/19/12. (KGE, )
October 19, 2012	Filing 5 ORDER granting #3 Motion for expedited appointment of international process server. Signed by Judge William M Acker, Jr on 10/19/12. (KGE, )
October 18, 2012	Filing 4 Summons Issued as to Ford Motor Company, Hankook Tire America Corporation, Wal-Mart Stores Inc, mailed certified mail (KGE, )
October 16, 2012	Filing 3 Ex Parte MOTION for expedited appointment of international process server by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez. (KGE, )
October 16, 2012	Filing 2 Ex Parte MOTION for Extension of Time for service of process on dft Hankook Tire Company Ltd by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez. (KGE, )
October 16, 2012	Filing 1 COMPLAINT against Ford Motor Company, Hankook Tire America Corporation, Hankook Tire Company LTD, Wal-Mart Stores Inc (Filing fee $ 350.00 receipt #B4601037951), filed by Paloma Santiago Hernandez, Gregoria Hernandez Hernandez.(KGE, )
October 16, 2012	Request for service by certified mail filed by Gregoria Hernandez Hernandez, Paloma Santiago Hernandez (contained in the complaint) (KGE, )

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Plaintiff: Gregoria Hernandez Hernandez
Represented By:	Jason A Shamblin
Represented By:	Leila H Watson
Represented By:	Sigfredo Rubio
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Plaintiff: Paloma Santiago Hernandez
Represented By:	Jason A Shamblin
Represented By:	Leila H Watson
Represented By:	Sigfredo Rubio
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Defendant: Hankook Tire America Corporation
Represented By:	Justin T McDonald
Represented By:	T Steven Har
Represented By:	John M Goodman
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Defendant: Hankook Tire Company LTD
Represented By:	John M Goodman
Represented By:	T Steven Har
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Defendant: Ford Motor Company
Represented By:	Jennifer Reid Egbe
Represented By:	Gregory L Schuck
Represented By:	D Alan Thomas
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Defendant: Wal-Mart Stores Inc
Represented By:	David M Tarlow
Represented By:	Marda W Sydnor
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Defendant: Wal-Mart Stores East LP
Represented By:	David M Tarlow
Represented By:	Marda W Sydnor
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