Cervantes et al v. Ford Motor Company et al
| Rosalinda Cervantes, Hugo Cervantes, Carlos Sanchez and Aurora Sanchez |
| Ford Motor Company, Texas Instruments Incorporated, Sensata Technologies Incorporated, American Family Mutual Insurance Company and Unknown Parties |
| 4:2015cv00300 |
| July 13, 2015 |
| US District Court for the District of Arizona |
| Tucson Division Office |
| Pima |
| Raner C Collins |
| Bernardo P Velasco |
| Personal Property: Property Damage Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on July 22, 2016. A more recent docket listing may be available from PACER.
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Filing 87
ORDER Case is dismissed without prejudice against all remaining defendants. IT IS FURTHER ORDERED that all cross-claims brought by American Family against Texas Instruments and Sensata Technologies, Inc. are dismissed with prejudice. Each party will bear their own costs and attorneys fees. Signed by Chief Judge Raner C Collins on 7/21/2016. (DLC)
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| Filing 86 STIPULATION of Dismissal of Cross-Claim by American Family Mutual Insurance Company. (Attachments: #1 Text of Proposed Order)(Allen, Lynn) |
| Filing 85 STIPULATION of Dismissal by Rosalinda Cervantes. (Jacobs, Henry) |
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Filing 84
REPORT AND RECOMMENDATION re: #65 First MOTION for Leave to File Non-party at Fault. For the foregoing reasons, the Magistrate Judge recommends that the District Court, after its independent review, enter an order denying Defendant American Family Mutual Insurance Companys Motion for Leave to File Notice of Non-Party at Fault (Doc. 65). Any party may serve and file written objections within FOURTEEN (14) DAYS after being served with a copy of this Report and Recommendation. A party may respond to another partys objections within FOURTEEN (14) DAYS after being served with a copy. No replies to objections shall be filed unless leave is granted from the District Court to do so. If objections are filed, the parties should use the following case number: CV 15-300-TUC-RCC. Signed by Magistrate Judge Bernardo P Velasco on 6/22/2016. (See Attached) (SIB)
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| Filing 83 NOTICE re: Non-Party At Fault by American Family Mutual Insurance Company . (Allen, Lynn) |
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Filing 82
ORDER granting #80 Stipulation of Dismissal with Prejudice as to Defendant Ford Motor Company. Ordered that all claims brought by Plaintiffs against Defendant Ford Motor Company shall be dismissed with Plaintiffs and Ford Motor Company to bear their own costs. Signed by Chief Judge Raner C Collins on 5/13/2016. (BAR)
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| Filing 81 NOTICE of Deposition of David M. Sonne, filed by Sensata Technologies Incorporated, Texas Instruments Incorporated. (Behncke, Matthew) |
| Filing 80 STIPULATION of Dismissal With Prejudice of Defendant Ford Motor Company Only by Ford Motor Company. (Attachments: #1 Text of Proposed Order)(Soliman, Iman) |
| Filing 79 NOTICE of Service of Discovery filed by Hugo Cervantes, Rosalinda Cervantes, Aurora Sanchez, Carlos Sanchez. (Darby, Newell) |
| Filing 78 NOTICE of Service of Discovery filed by American Family Mutual Insurance Company. (Allen, Lynn) |
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Filing 77
ORDER: In light of the Notice of Settlement with regard to Plaintiffs and Defendant Ford Motor Company (Doc. #76 ), IT IS ORDERED that the parties to the settlement shall have until Monday, May 9, 2016 to file the appropriate papers for dismissal of Defendant Ford Motor Company. Signed by Magistrate Judge Bernardo P Velasco on 4/6/2016. (SMJ)
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| Filing 76 NOTICE of Settlement of Plaintiffs and Ford Motor Company by Ford Motor Company. (Soliman, Iman) |
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Filing 75
ORDER adopting Report and Recommendations re #32 Report and Recommendation; granting #16 Motion to Dismiss Cross-Claim of American Family Mutual Insurance Company; denying #17 Motion to Dismiss Cross-Claim of American Family Mutual Insurance Company with leave to renew the argument at summary judgment after sufficient time for discovery has occurred. Signed by Chief Judge Raner C Collins on 3/8/2016.(BAR)
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| Filing 74 REPLY to Response to Motion re: #65 First MOTION for Leave to File Non-party at Fault filed by American Family Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit 1)(Harrington Bisceglia, Jeanmarie) |
| Filing 73 NOTICE of Service of Discovery filed by American Family Mutual Insurance Company. (Harrington Bisceglia, Jeanmarie) |
| Filing 72 RESPONSE to Motion re: #65 First MOTION for Leave to File Non-party at Fault filed by Rosalinda Cervantes. (Attachments: #1 Exhibit 1 - American Family Initial Disclosure Statement, #2 Exhibit 2 - Recorded Statement)(Darby, Newell) |
| Filing 71 NOTICE of Deposition of Jorge Loya, Tucson Fire Department, filed by Ford Motor Company. (Soliman, Iman) |
| Filing 70 NOTICE of Deposition of John R. Vincent (#40196), Tucson Fire Department, filed by Ford Motor Company. (Soliman, Iman) |
| Filing 69 Additional Attachments to Main Document re: #68 Notice (Other) Exhibits 9 through 11 to Defendant Ford Motor Company's Amended Notice of Non-Party At Fault by Defendant Ford Motor Company. (Soliman, Iman) |
| Filing 68 NOTICE re: Defendant Ford Motor Company's Amended Notice of Non-Party At Fault by Ford Motor Company . (Soliman, Iman) |
| Filing 67 Additional Attachments to Main Document re: #65 First MOTION for Leave to File Non-party at Fault (exhibits 1-2) by Defendant American Family Mutual Insurance Company. (Attachments: #1 Exhibit Exhibits 1-2)(Harrington Bisceglia, Jeanmarie) |
| Filing 66 LODGED Proposed Non-party at Fault re: #65 First MOTION for Leave to File Non-party at Fault . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by American Family Mutual Insurance Company. (Attachments: #1 Exhibit Exhibits 1-2)(Harrington Bisceglia, Jeanmarie) |
| Filing 65 First MOTION for Leave to File Non-party at Fault by American Family Mutual Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Harrington Bisceglia, Jeanmarie) |
| Filing 64 NOTICE of Deposition of Aurora Sanchez (Amended), filed by Ford Motor Company. (Soliman, Iman) |
| Filing 63 NOTICE of Deposition of Carlos Sanchez (Amended), filed by Ford Motor Company. (Soliman, Iman) |
| Filing 62 NOTICE of Deposition of Hugo Cervantes (Amended), filed by Ford Motor Company. (Soliman, Iman) |
| Filing 61 NOTICE of Deposition of Samuel Cervantes, filed by Ford Motor Company. (Soliman, Iman) |
| Filing 60 NOTICE of Service of Discovery filed by Ford Motor Company. (Soliman, Iman) |
| Filing 59 NOTICE of Deposition of Aurora Sanchez, filed by Ford Motor Company. (Soliman, Iman) |
| Filing 58 NOTICE of Deposition of Carlos Sanchez, filed by Ford Motor Company. (Soliman, Iman) |
| Filing 57 NOTICE of Deposition of Hugo Cervantes, filed by Ford Motor Company. (Soliman, Iman) |
| Filing 56 NOTICE of Deposition of Samuel Cervantes, filed by Ford Motor Company. (Soliman, Iman) |
| Filing 55 NOTICE of Deposition of Rosalinda Cervantes, filed by Ford Motor Company. (Soliman, Iman) |
| Filing 54 NOTICE re: Non-Party At Fault by Ford Motor Company . (Soliman, Iman) |
| Filing 53 NOTICE of Service of Discovery filed by Rosalinda Cervantes. (Jacobs, Henry) |
| Filing 52 NOTICE of Service of Discovery filed by American Family Mutual Insurance Company. (Harrington Bisceglia, Jeanmarie) |
| Filing 51 NOTICE of Service of Discovery filed by American Family Mutual Insurance Company. (Harrington Bisceglia, Jeanmarie) |
| Filing 50 NOTICE of Service of Discovery filed by American Family Mutual Insurance Company. (Harrington Bisceglia, Jeanmarie) |
| Filing 49 NOTICE re: Plaintiffs' Notice of Service of Plaintiffs' Initial Disclosure Documents by Hugo Cervantes, Rosalinda Cervantes, Aurora Sanchez, Carlos Sanchez . (Darby, Newell) |
| Filing 48 REPLY TO OBJECTION to #32 Report and Recommendation Defendant Ford Motor Company's Combined Response To Plaintiffs' And American Family's Objections To The Magistrate Judge's Report And Recommendation To Grant Ford Motor Company's Motion To Dismiss filed by Ford Motor Company. (Soliman, Iman) |
| Filing 47 ANSWER to #5 Answer to Complaint, Crossclaim by Sensata Technologies Incorporated, Texas Instruments Incorporated.(Behncke, Matthew) |
| Filing 46 NOTICE re: Notice of Service of Rule 26 Disclosure by Sensata Technologies Incorporated, Texas Instruments Incorporated . (Kaufman, Craig) |
| Filing 45 OBJECTION to #32 Report and Recommendation filed by American Family Mutual Insurance Company. (Harrington Bisceglia, Jeanmarie) |
| Filing 44 NOTICE of Service of Discovery filed by Ford Motor Company. (Soliman, Iman) |
| Filing 43 NOTICE re: Service of Initial Disclosure by Plaintiffs by Hugo Cervantes, Rosalinda Cervantes, Aurora Sanchez, Carlos Sanchez . (Darby, Newell) |
| Filing 42 OBJECTION to #32 Report and Recommendation to Grant Ford Motor Company's Motion to Dismiss and Deny Texas Instruments' and Sensata's Motion to Dismiss filed by Rosalinda Cervantes. (Jacobs, Henry) |
| Filing 41 NOTICE re: of Service of Initial Disclosure by American Family Mutual Insurance Company . (Harrington Bisceglia, Jeanmarie) |
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Filing 40
ORDER pursuant to #39 Stipulation : IT IS ORDERED that the 11/20/2015 deadline for Plaintiffs and American Family Mutual Insurance Company to respond to Ford Motor Company's outstanding discovery requests is EXTENDED to 12/14/2015. Signed by Magistrate Judge Bernardo P Velasco on 11/19/2015. (SMJ)
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| Filing 39 STIPULATION re: #36 Scheduling Order, Set/Reset Deadlines/Hearings by American Family Mutual Insurance Company, Hugo Cervantes, Rosalinda Cervantes, Ford Motor Company, Aurora Sanchez, Carlos Sanchez, Sensata Technologies Incorporated, Texas Instruments Incorporated. (Attachments: #1 Text of Proposed Order)(Darby, Newell) |
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Filing 38
ORDER pursuant to General Order 09-08 granting #37 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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Filing 36
SCHEDULING ORDER: IT IS ORDERED Initial Disclosures shall be made by 11/20/2015. All Factual Discovery due by 10/3/2016. Dispositive motions due by 11/4/2016. Proposed Pretrial Order due by 12/5/2016. Status Report due by 2/22/2016. See attached PDF for additional detail and further Discovery deadlines. Signed by Magistrate Judge Bernardo P Velasco on 11/17/2015. (SMJ)
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| PRO HAC VICE FEE PAID. $ 35, receipt number TUC023563 as to Matthew C Behncke. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 35 AMENDED MINUTE ENTRY for proceedings held before Magistrate Judge Bernardo P Velasco: Amending Doc. 34 *MINUTE ENTRY for proceedings held before Magistrate Judge Bernardo P Velasco: Scheduling Conference held on 11/16/2015. Conference held, formal order to follow. ** THEREAFTER Plaintiffs' counsel, having *revived the issue of damages for the subject vehicle at the scheduling conference, is advised that he needs to raise this claim in any objection due on the Report and Recommendation #32 previously filed. APPEARANCES: Henry Jacobs for the Plaintiffs with Newell Darby (Telephonic). Defendants Counsel: Craig Kaufman present with Matthew Behncke (Telephonic), Telephonic Appearance by Iman Soliman representing Ford Motor Company and Lyn Allen for American Family Mutual Insurance Company. (Recorded by COURTSMART.) Hearing held 10:02 AM to 10:12 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. *Modified on 11/16/2015 to correct typo; NEF regenerated. (ARS)/(SCH). Reason for Amendment: **ADD VERBIAGE PER CHAMBERS. |
| Filing 34 AMENDED BY ENTRY [doc. 35] *MINUTE ENTRY for proceedings held before Magistrate Judge Bernardo P Velasco: Scheduling Conference held on 11/16/2015. Conference held, formal order to follow. Plaintiffs' counsel, having *revived the issue of damages for the subject vehicle at the scheduling conference, is advised that he needs to raise this claim in any objection due on the Report and Recommendation #32 previously filed. APPEARANCES: Henry Jacobs for the Plaintiffs with Newell Darby (Telephonic). Defendants Counsel: Craig Kaufman present with Matthew Behncke (Telephonic), Telephonic Appearance by Iman Soliman representing Ford Motor Company and Lyn Allen for American Family Mutual Insurance Company. (Recorded by COURTSMART.) Hearing held 10:02 AM to 10:12 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. *Modified on 11/16/2015 to correct typo; NEF regenerated. (ARS)/(SCH). |
| Filing 37 MOTION for Admission Pro Hac Vice as to attorney Matthew C Behncke on behalf of Sensata Technologies Incorporated. (BAS) |
| Filing 33 *REPORT of Rule 26(f) Planning Meeting by Plaintiffs Hugo Cervantes, Rosalinda Cervantes, Aurora Sanchez, Carlos Sanchez. (Darby, Newell) *Modified to correct event type on 11/12/2015 (MFR). |
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Filing 32
REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court, enter an order GRANTING #16 Ford Motor Company's Motion to Dismiss Cross-Claim of American Family Mutual Insurance Company; and DENYING #17 Defendants Texas Instruments Incorporated and Sensata Technologies, Inc.'s Motion to Dismiss Cross-Claim of American Family Mutual Insurance Company with leave to renew the argument at summary judgment after sufficient time for discovery has occurred. Any party may serve and file written objections within 14 DAYS after being served with a copy of this Report and Recommendation. A party may respond to another party's objections within 14 DAYS after being served with a copy. No replies to objections shall be filed unless leave is granted from the District Court to do so. Failure to file timely objections to any factual or legal determination of the Magistrate Judge may be deemed a waiver of the partys right to review. (See attached PDF for complete information). Signed by Magistrate Judge Bernardo P Velasco on 11/9/15.(BAC)
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| Filing 31 *NOTICE of Service of Discovery Request on Defendant Texas Instruments Incorporated by Rosalinda Cervantes . (Jacobs, Henry) *Modified to correct event type on 11/9/2015 (MFR). |
| Filing 30 *NOTICE of Service of Discovery Request on Defendant Sensata Technologies, Inc. by Rosalinda Cervantes . (Jacobs, Henry) *Modified to correct event type on 11/9/2015 (MFR). |
| Filing 29 *NOTICE of Service of Discovery Request on Defendant Ford Motor Company by Rosalinda Cervantes . (Jacobs, Henry) *Modified to correct event type on 11/9/2015 (MFR). |
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Filing 28
Upon agreement of counsel, IT IS ORDERED the Rule 16 Scheduling Conference, presently set for 11/18/2015 at 10:00 AM is VACATED and RESET for Monday, 11/16/2015 at 10:00 AM before Magistrate Judge Bernardo P Velasco. Ordered by Magistrate Judge Bernardo P Velasco. (SMJ)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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| Filing 27 MINUTE ORDER: Due to a conflict, IT IS ORDERED that the Rule 16 Scheduling Conference set for 11/4/2015 is VACATED and RESET to 11/18/2015 at 10:00 AM before Magistrate Judge Bernardo P Velasco. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMJ) |
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Filing 26
ORDER setting a Scheduling Conference for 11/4/2015 at 10:00 AM before Magistrate Judge Bernardo P Velasco. It is further Ordered the parties shall file with the Court, not less than five days before the Scheduling Conference, a joint report (see attached Order for complete details). Signed by Magistrate Judge Bernardo P Velasco on 10/8/2015. (MFR)
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| Filing 25 NOTICE of Service of Discovery filed by Ford Motor Company. (Soliman, Iman) |
| Filing 24 REPLY to Response to Motion re: #17 MOTION to Dismiss Counts/Claims : Cross-Claim of American Family Mutual Insurance Company filed by Sensata Technologies Incorporated, Texas Instruments Incorporated. (Attachments: #1 Exhibit Exhibit A)(Kaufman, Craig) |
| Filing 23 REPLY to Response to Motion re: #16 MOTION to Dismiss Counts/Claims : Cross-Claim of American Family Mutual Insurance Company filed by Ford Motor Company. (Attachments: #1 Exhibit A)(Soliman, Iman) |
| Filing 22 RESPONSE to Motion re: #17 MOTION to Dismiss Counts/Claims : Cross-Claim of American Family Mutual Insurance Company filed by American Family Mutual Insurance Company. (Attachments: #1 Exhibit Exhibits 1-3)(Harrington Bisceglia, Jeanmarie) |
| Filing 21 RESPONSE to Motion re: #16 MOTION to Dismiss Counts/Claims : Cross-Claim of American Family Mutual Insurance Company filed by American Family Mutual Insurance Company. (Attachments: #1 Exhibit Exhibits 1-2)(Harrington Bisceglia, Jeanmarie) |
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Filing 20
ORDER pursuant to General Order 09-08 granting #18 Motion for Admission Pro Hac Vice; granting #19 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 19 MOTION for Admission Pro Hac Vice as to attorney Patrick M Ardis on behalf of Hugo Cervantes, Rosalinda Cervantes, Aurora Sanchez, and Carlos Sanchez. (BAS) |
| Filing 18 MOTION for Admission Pro Hac Vice as to attorney Newell Tyler Darby on behalf of plaintiffs Hugo Cervantes, Rosalinda Cervantes, Aurora Sanchez, and Carlos Sanchez. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX162046 as to Newell Tyler Darby. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX162046 as to Patrick M Ardis. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 17 MOTION to Dismiss Counts/Claims : Cross-Claim of American Family Mutual Insurance Company by Sensata Technologies Incorporated, Texas Instruments Incorporated. (Kaufman, Craig) |
| Filing 16 MOTION to Dismiss Counts/Claims : Cross-Claim of American Family Mutual Insurance Company by Ford Motor Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Soliman, Iman) |
| Filing 15 Corporate Disclosure Statement by Texas Instruments Incorporated. (Kaufman, Craig) |
| Filing 14 Corporate Disclosure Statement by Sensata Technologies Incorporated. (Kaufman, Craig) |
| Filing 13 ANSWER to Complaint by Sensata Technologies Incorporated, Texas Instruments Incorporated.(Kaufman, Craig) |
| Filing 12 NOTICE re: Renewed Jury Trial Demand by Hugo Cervantes, Rosalinda Cervantes, Aurora Sanchez, Carlos Sanchez . (Jacobs, Henry) |
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Filing 11
ORDERED that case is referred to Magistrate Judge Bernardo P Velasco for all pretrial proceedings and report and recommendation. All future filings in this case shall be designated: CV-15-00300-TUC-RCC (BPV). Signed by Chief Judge Raner C Collins on 7/24/2015. (BAR)
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| Filing 10 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (FKD) |
| Filing 9 Corporate Disclosure Statement by Ford Motor Company. (Soliman, Iman) |
| Filing 8 *Defendant Ford Motor Company's Answer to #1 Plaintiffs' Complaint ANSWER to Complaint with Jury Demand by Ford Motor Company.(Soliman, Iman) *Modified on 7/27/2015 to reference related document(BAR). |
| Filing 7 Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge. Case reassigned by random draw to Chief Judge Raner C Collins. All further pleadings should now list the following COMPLETE case number: CV15-300-TUC-RCC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (FKD) |
| Filing 6 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (FKD) |
| Filing 5 Defendant American Family's ANSWER to Complaint and, CROSSCLAIM against Ford Motor Company, Sensata Technologies Incorporated, Texas Instruments Incorporated by American Family Mutual Insurance Company.(Allen, Lynn) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Civil Cover Sheet filed by American Family Mutual Insurance Company. (Allen, Lynn) Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet and the updated Supplemental Civil Cover sheet when filing a new case. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DPS) |
| Filing 3 Filing fee paid, receipt number 0970-11889273. This case has been assigned to the Honorable Bernardo P Velasco. All future pleadings or documents should bear the correct case number: 4:15-CV-300-TUC-BPV. Magistrate Election form attached. (DPS) |
| Filing 2 Corporate Disclosure Statement by American Family Mutual Insurance Company. (Allen, Lynn) (DPS) |
| Filing 1 NOTICE OF REMOVAL from Pima County Superior Court, case number C20152261. Filing fee received: $ 400.00, receipt number 0970-11889273 filed by American Family Mutual Insurance Company. (Allen, Lynn) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Cover Sheet, #3 Exhibit)(DPS) |
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