Townsend Ford, Inc. v. Ford Motor Company, Inc.
Plaintiff: Townsend Ford, Inc.
Defendant: Ford Motor Company, Inc.
Case Number: 7:2010cv00036
Filed: January 8, 2010
Court: US District Court for the Northern District of Alabama
Office: Western Office
County: Tuscaloosa
Presiding Judge: Harwell G Davis
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 27, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2012 Opinion or Order Filing 44 DISMISSAL ORDER: Pursuant to the Joint Stipulation for Dismissal With Prejudice filed by the parties, #43 , it is ORDERED, ADJUDGED and DECREED that this action is due to be and hereby is DISMISSED WITH PREJUDICE, costs taxed as paid. Signed by Judge Abdul K Kallon on 03/27/12. (CVA)
March 27, 2012 Filing 43 STIPULATION of Dismissal with Prejudice by Townsend Ford, Inc.. filed by Townsend Ford, Inc. (Hust, Wilbor)
December 2, 2011 Filing 42 RESPONSE in Opposition re #40 MOTION to Amend/Correct Answers and Counterclaim filed by Townsend Ford, Inc.. (Hust, Wilbor)
December 2, 2011 Opinion or Order Filing 41 ORDER that after consideration of the submissions of Ford Motor Credit and Townsend Ford the undersigned stands by the original report and recommendation as more fully set out in order. Signed by Magistrate-Judge Harwell G Davis, III on 12/1/11. (SPT )
November 30, 2011 Filing 40 MOTION to Amend/Correct Answers and Counterclaim by Ford Motor Company, Inc.. (Attachments: #1 Exhibit Amendment to Answers)(Ford, Sara)
November 23, 2011 Filing 39 REPLY to Ford's Response to Court's Request for Evidence of Fraud filed by Townsend Ford, Inc.. (Hust, Wilbor)
November 16, 2011 Filing 38 RESPONSE to Court's Request for Evidence filed by Ford Motor Company, Inc.. (Ford, Sara)
November 2, 2011 Opinion or Order Filing 37 ORDER that FMC shall direct the court's attention, within 14 days from the date of entry of this order, to any evidence in the record already before the court that any of the charge-backs made by FMC were based on actual fraud involving an intent to deceive or mislead; Townsend Ford shall have 14 days thereafter to reply to FMC's response; it is ORDERED that the sentence at issue is corrected to read, in pertinent part, "...and found numerous transactions, where incentives were paid that were completely undocumented for eligibility and others where rebates received were not forwarded to the customer but were improperty retained by Townsend Ford..." as more fully set out in order. Signed by Magistrate-Judge Harwell G Davis, III on 11/2/2011. (AHI, )
October 28, 2011 Filing 36 RESPONSE to Report and Recommendation of the Magistrate filed by Townsend Ford, Inc.. (Hust, Wilbor)
October 18, 2011 Filing 35 REPORT AND RECOMMENDATION of the Magistrate Judge that Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment be denied as more fully set out in order; parties are directed to file any objections within a period of fourteen days from the date of entry. Signed by Magistrate-Judge Harwell G Davis, III on 10/17/11. (SPT )
October 3, 2011 Filing 34 NOTICE of Appearance by Charles Ryan Germany on behalf of Ford Motor Company, Inc. (Germany, Charles)
September 30, 2011 Filing 33 MOTION to Withdraw as Attorney by Ford Motor Company, Inc.. (Greggs, Mitchell)
September 30, 2011 Opinion or Order ORDER granting #33 Motion to Withdraw as Attorney. Attorney Mitchell David Greggs terminated. Signed by Magistrate-Judge Harwell G Davis, III on 9/30/11. (LBG, )
December 9, 2010 Opinion or Order Filing 32 ORDER that the parties are hereby notified that the motion for summary judgment filed by plaintiff on June 8, 2010 and the cross-motion for summary judgment filed by defendant onJune 29, 2010 have been taken under submission by the court; The parties are ordered to notify the Clerk of Court in writing within 15 days of the entry of this order if they wish for the magistrate judge to exercise jurisdiction. Signed by Magistrate-Judge Harwell G Davis, III on 12/08/10. (Attachments: #1 Consent form)(SPT )
August 18, 2010 Opinion or Order Filing 31 ORDER that the Joint #30 Motion to Stay Deadlines and for an Extension of Time is granted to the extent that all unexpired deadlines in the Rule 16 Scheduling Order are suspended pending a final ruling by this court on the motions for summary judgment as more fully set out in order. Signed by Magistrate-Judge Harwell G Davis, III on 08/18/10. (SPT )
August 18, 2010 Filing 30 Joint Motion to Stay Deadlines and for an Extension of Time by Ford Motor Company, Inc.. (Greggs, Mitchell) Modified on 8/18/2010 (SPT ).
August 2, 2010 Filing 29 REPLY to Response to Motion re #25 Cross MOTION for Summary Judgment filed by Ford Motor Company, Inc.. (McCaskill, Ericka)
July 15, 2010 Filing 28 RESPONSE in Support re #23 MOTION for Summary Judgment filed by Townsend Ford, Inc.. (Attachments: #1 Affidavit of Charles J. Townsend, #2 Exhibit Ford's Answers to Interrogatories, #3 Affidavit of Wilbor J. Hust, Jr. with Ford Memo Attached)(Hust, Wilbor)
July 7, 2010 Filing 27 MOTION to File a Consolidated Response in Connection with Summary Judgment Motions filed by Townsend Ford, Inc. (Hust, Wilbor) Modified on 7/7/2010 (AHI).
July 7, 2010 Opinion or Order ORDER granting #27 Motion to File a Consolidated Response in Connection with Summary Judgment Motions. Signed by Magistrate-Judge Harwell G Davis, III on 7/7/10. (LBG, )
June 29, 2010 Filing 26 RESPONSE in Opposition re #23 MOTION for Summary Judgment, #25 Cross MOTION for Summary Judgment Suggestions in Support filed by Ford Motor Company, Inc.. (Attachments: #1 Exhibit 1 - January 7, 2010 Affidavit of Patricia Shannon, #2 Exhibit 2 - June 25, 2010 Affidavit of Patricia Shannon, #3 Attachment A, Part 1 to June 25 Affidavit of Patricia Shannon (Exhibits 3-13 to Ford's Statement of Facts in Support of Its Cross-Motion for Summary Judgment - Standard Eligibility and Program Rules, Audit Findings, and Work Papers), #4 Attachment A, Part 2 (Exhibits 4-21 to Ford's Statement of Facts in Support of Its Cross-Motion for Summary Judgment - Standard Eligibility and Program Rules, Audit Findings, and Work Papers), #5 Exhibit 3 - Standard Eligibility Rules for Incentive Programs, dated June 30, 2009, #6 Exhibit 4 - 2008/2009/2010 - Model Select Vehicles Military Appreciation Program, #7 Exhibit 5 - 2008 College Student Purchase Program, #8 Exhibit 6 - 2007/2008 Model Select Vehicles Competitive Owner Retail Bonus Customer Cash Program, #9 Exhibit 7 - 2008/2009 Model Select Vehicles Conquest Retail Bonus Customer Cash Program, #10 Exhibit 8 - 2008/2009/2010 Model Select Vehicles Competitive Owner Trade In Program, #11 Exhibit 9 - 2008 Ford Truck Commerical Connection Program, #12 Exhibit 10 - Sample Upfit Invoice, #13 Exhibit 11 - 2008 Model F-150 & F-Super Duty Employee Pricing Program, #14 Exhibit 12 - 2008/2009 Model Select Vehicles Employee Pricing Program, #15 Exhibit 13 - AXZD Plan Rules, dated December 19, 2008, #16 Exhibit 14 - Sample Factory Invoice, #17 Exhibit 15 - Field Closing Materials, dated August 19, 2009, #18 Exhibit 16 - Audit Summary, #19 Exhibit 17 - Audit Closing Conference Packet, #20 Exhibit 18 - Field Audit Closing Meeting Notes, #21 Exhibit 19 - September 17, 2009 Correspondence from Ray Parrish to Plaintiff, #22 Exhibit 20 - Townsend Ford Adjustment; Revised Audit Summary; Charge Back List to Be Processed by FSBC; Charge Back Reconciliation, #23 Exhibit 21 - Draft Customer Letter, #24 Exhibit 22 - Plaintiff's Correspondence to 37 of 42 Customers)(McCaskill, Ericka)
June 29, 2010 Filing 25 Cross MOTION for Summary Judgment by Ford Motor Company, Inc.. (McCaskill, Ericka)
June 8, 2010 Filing 24 Brief re #23 MOTION for Summary Judgment by Townsend Ford, Inc.. (Attachments: #1 Exhibit Affidavit of Patricia Shannon, #2 Exhibit Affidavit of Charles T. Townsend)(Hust, Wilbor)
June 8, 2010 Filing 23 MOTION for Summary Judgment by Townsend Ford, Inc.. (Hust, Wilbor)
May 5, 2010 Filing 22 NOTICE by Townsend Ford, Inc. of Serving Discovery Responses (Hust, Wilbor)
April 14, 2010 Filing 21 ANSWER to Amended Complaint by Ford Motor Company, Inc..(McCaskill, Ericka)
April 6, 2010 Filing 20 CERTIFICATE OF SERVICE by Townsend Ford, Inc. (Hust, Wilbor)
March 31, 2010 Filing 19 AMENDED COMPLAINT SECOND AMENDED COMPLAINT against Ford Motor Company, Inc., filed by Townsend Ford, Inc..(Hust, Wilbor)
March 29, 2010 Filing 18 CERTIFICATE OF SERVICE by Ford Motor Company, Inc. of Its Responses to Plaintiff's First Interrogatories and Request for Production (McCaskill, Ericka)
March 16, 2010 Filing 17 PROTECTIVE ORDER as more fully set out in order. Signed by Magistrate-Judge Harwell G Davis, III on 03/16/10. (SPT )
March 16, 2010 Filing 16 Joint MOTION for Protective Order by Ford Motor Company, Inc.. (Attachments: #1 Text of Proposed Order)(McCaskill, Ericka)
March 16, 2010 Opinion or Order ORDER granting #16 Motion for Protective Order; stipulated protective order will be entered separately. Signed by Magistrate-Judge Harwell G Davis, III on 3/16/10. (LBG, )
March 8, 2010 Opinion or Order Filing 15 SCHEDULING ORDER: that certain time limits and deadlines apply as set out in this order; Discovery due by 8/20/2010; Dispositive Motions due by 9/15/2010; Trial ready by 1/10/2011. Signed by Magistrate-Judge Harwell G Davis, III on 3/8/2010. (Attachments: #1 Pretrial Conference Instructions)(AHI)
March 5, 2010 Filing 14 CERTIFICATE OF SERVICE by Ford Motor Company, Inc. of Its Rule 26(a) Initial Disclosures (McCaskill, Ericka)
March 4, 2010 Filing 13 NOTICE by Townsend Ford, Inc. of Serving Initial Disclosures (Hust, Wilbor)
March 3, 2010 Filing 12 CERTIFICATE OF SERVICE by Ford Motor Company, Inc. of its First Set of Interrogatories and First Request for Production of Documents to Plaintiff (McCaskill, Ericka)
February 19, 2010 Filing 11 REPORT of Rule 26(f) Planning Meeting. (Greggs, Mitchell)
February 19, 2010 Filing 10 NOTICE of Appearance by Mitchell David Greggs on behalf of Ford Motor Company, Inc. (Greggs, Mitchell)
February 5, 2010 Filing 9 ANSWER to Amended Complaint and Affirmative Defenses by Ford Motor Company, Inc..(Ford, Sara)
January 28, 2010 Filing 8 AMENDED COMPLAINT against Ford Motor Company, Inc., filed by Townsend Ford, Inc..(Hust, Wilbor)
January 27, 2010 Opinion or Order ORDER granting #7 Motion to Amend/Correct Complaint. Signed by Magistrate-Judge Harwell G Davis, III on 1/27/10. (LBG, )
January 26, 2010 Filing 7 MOTION to Amend/Correct Complaint by Townsend Ford, Inc.. (Hust, Wilbor)
January 19, 2010 Opinion or Order ORDER granting #3 Motion for Pro Hac Vice Admission of Kirk A Peterson and Ericka D McCaskill. Signed by Magistrate-Judge Harwell G Davis, III on 1/19/10. (LBG, )
January 15, 2010 Filing 6 NOTICE of Corporate Disclosure by Ford Motor Company, Inc. (Ford, Sara)
January 14, 2010 PHV Fee paid for Kirk A Peterson and Ericka D McCaskill: $ 100.00, receipt number B4601008744 (SPT, )
January 14, 2010 Filing 5 Notice of filing Corporate Disclosure Statement Pursuant to Local Rule 3.4 by Townsend Ford, Inc.. (Hust, Wilbor) Modified on 1/14/2010 (SPT, ).
January 13, 2010 Filing 4 INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS as more fully set out in order. Signed by Magistrate-Judge Harwell G Davis, III on 01/13/10. (Attachments: #1 Magistrate Consent form)(SPT, )
January 13, 2010 Filing 3 MOTION for Limited Admission Pro Hac Vice by Ford Motor Credit Company, Inc.. (Ford, Sara)
January 8, 2010 Filing 2 ANSWER to Complaint filed by Ford Motor Credit Company, Inc.(SPT, )
January 8, 2010 Filing 1 NOTICE OF REMOVAL filed by Ford Motor Credit Company, Inc. from the Circuit Court of Tuscaloosa County, AL, case number CV09-900752. ( Filing fee $ 350.00 w/ receipt #B4601008528).(SPT, )

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Plaintiff: Townsend Ford, Inc.
Represented By: Wilbor J Hust
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Defendant: Ford Motor Company, Inc.
Represented By: Ericka D McCaskill
Represented By: Kirk A Peterson
Represented By: Sara Anne Ford
Represented By: Charles Ryan Germany
Represented By: Mitchell David Greggs
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