West Wind Air LLC v. Thrush Aircraft Inc
| West Wind Air LLC and West Wind Air LLC a business doing business as Chrisair |
| Thrush Aircraft Inc |
| Pratt & Whitney Canada Corp, Woodward Inc, Planesmart Aircraft Services LLC and Estate of Donald Scott Brown |
| 5:2016cv00274 |
| August 31, 2016 |
| U.S. District Court for the Eastern District of Arkansas |
| Pine Bluff Office |
| Chicot |
| D P Marshall |
| Airplane Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 26, 2018. A more recent docket listing may be available from PACER.
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NOTICE OF DOCKET CORRECTION re #154 Judgment. CORRECTION: The docket text was modified to include the text "Thrush's third-party claim against Pratt & Whitney Canada is dismissed without prejudice for a lack of personal jurisdiction" as marked on the document. (jak)
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Filing 154
JUDGMENT: Pratt & Whitney Canada Corporation's cross-claim against Woodward, Inc., and Thrush Aircraft, Inc.'s third-party claim are dismissed without prejudice for lack of personal jurisdiction. Thrush's third-party claim against the Estate of Donald Scott Brown is dismissed without prejudice for lack of personal jurisdiction. Thrush's third-party claim against Pratt & Whitney Canada is dismissed without prejudice for a lack of personal jurisdiction. All of West Wind Air LLC's claims against Thrush Aircraft are dismissed with prejudice based on these parties' settlement. Thrush's third-party claim against Planesmart Aircraft Services LLC is dismissed without prejudice as moot. Signed by Judge D. P. Marshall Jr. on 9/25/2018. (jak)(Docket text modified on 9/26/2018 to correct the description of the document filed) (jak)
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Filing 153
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: West Wind and Thrush have informally advised the Court that they've reached a settlement which is designed to resolve all claims between them and Thrush's hanging claim against Planesmart. Congratulations. The Third Amended Final Scheduling Order, No. #101 , is suspended, and the 5 November 2018 trial is canceled. All the pending motions, No. #116 , No. #120 , No. #122 , No. #124 , No. #126 , No. #128 & No. #141 , are denied without prejudice as moot. The Court will dismiss the case with prejudice after 14 September 2018 unless a party seeks some relief before then. Signed by Judge D. P. Marshall Jr. on 8/15/2018. (slb)
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Filing 152
ORDER granting #112 Pratt & Whitney's motion to dismiss. #132 Motion for summary judgment is denied as moot. #106 Motion is granted as modified. Service on Planesmart is quashed; Thrush must re-serve the company by 8/31/2018. Signed by Judge D. P. Marshall Jr. on 8/13/2018. (jak)
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Filing 151
REPLY to Response to Motion re #116 MOTION for Summary Judgment filed by Estate of Donald Scott Brown, Planesmart Aircraft Services LLC. (Goss, Patrick)
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Filing 150
STATEMENT OF FACTS (Local Rule 56.1) re #148 Response in Opposition to Motion, filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 149
BRIEF IN SUPPORT re #148 Response in Opposition to Motion, filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 148
RESPONSE in Opposition re #132 MOTION for Summary Judgment filed by Thrush Aircraft Inc. (Attachments: #1 Exhibit Arthur Lee Coffman Condensed Deposition Transcript, #2 Exhibit Correspondence Between Counsel, #3 Exhibit Expert Report of James P. Peleck, #4 Exhibit PWC Report, #5 Exhibit Excerpts of Thrush's Maintenance Manual, #6 Exhibit Excerpts of PWC's Maintenance Manual)(Mehdizadegan, Abtin)
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Filing 147
BRIEF IN SUPPORT re #112 Motion to Dismiss for Lack of Personal Jurisdiction filed by Pratt & Whitney Canada Corp. (Drennon, Baxter)
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Filing 146
ORDER denying #108 Motion. For the reasons stated in #45 at 2, the Court also denies Thursh's alternative request for leave to seek interlocutory review. Signed by Judge D. P. Marshall Jr. on 8/7/2018. (jak)
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Filing 145
STATEMENT OF FACTS (Local Rule 56.1) re #143 Response in Opposition to Motion,,,, filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 144
BRIEF IN SUPPORT re #143 Response in Opposition to Motion,,,, filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 143
RESPONSE in Opposition re #116 MOTION for Summary Judgment filed by Thrush Aircraft Inc. (Attachments: #1 Exhibit Expert Report of James Peleck, #2 Exhibit Report of Pratt & Whitney Canada, #3 Exhibit Stan Clark Condensed Deposition Transcript, #4 Exhibit Arthur Lee Coffman Condensed Deposition Transcript, #5 Exhibit Aircraft Maintenance Records, #6 Exhibit David Trotter Condensed Deposition Transcript, #7 Exhibit Correspondence Between Y. Houde and D. Trotter, #8 Exhibit Yves Houde Condensed Deposition Transcript, #9 Exhibit Robert Duma Condensed Deposition Transcript, #10 Exhibit Excerpts of Thrush's Maintenance Manual, #11 Exhibit Plaintiff's Responses to Thrush's Requests for Admission, #12 Exhibit Excerpts of Pratt & Whitney Canada's Maintenance Manual, #13 Exhibit Unsigned Report of Steve Magginetti, #14 Exhibit Excerpts of Hartzell Propeller, Inc.'s Maintenance Manual)(Mehdizadegan, Abtin)
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Filing 142
BRIEF IN SUPPORT re #141 Motion to Strike filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 141
MOTION to Strike #138 Statement of Facts (Local Rule 56.1) by Thrush Aircraft Inc (Attachments: #1 Exhibit Report of Steve Magginetti (Unsigned))(Mehdizadegan, Abtin)
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Filing 140
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #139 , granted. Reply due by 10 August 2018. Signed by Judge D. P. Marshall Jr. on 7/31/2018. (slb)
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Filing 139
Unopposed MOTION for Extension of Time to File Reply in Support of Motion to Dismiss by Pratt & Whitney Canada Corp (Drennon, Baxter)
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Filing 138
SUBSTITUTED #118 STATEMENT OF FACTS filed by Estate of Donald Scott Brown, Planesmart Aircraft Services LLC. (Goss, Patrick) (Docket entry modified on 7/31/2018 to correct the linkage and the description of the document filed.)(thd).
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NOTICE OF DOCKET CORRECTION re: #138 Statement of Facts. CORRECTION: The docket entry was modified to correct the linkage and the description of the document filed as "SUBSTITUTED #118 STATEMENT OF FACTS." (thd)
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Filing 137
RESPONSE in Opposition re #112 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Thrush Aircraft Inc. (Attachments: #1 Exhibit Excerpts of PWC's Website, #2 Exhibit Excerpts of United Technologies' Website, #3 Exhibit Information from the Arkansas Secretary of State's Website, #4 Exhibit Information Regarding P. Tremblay & D. Mathieu, #5 Exhibit LinkedIn Profiles of Two PWC Employees, #6 Exhibit Additional Excerpts from PWC's Website, #7 Exhibit Photo from AAAA 55th Annual Convention, #8 Exhibit Information Regarding PWC's Rebate Program)(Mehdizadegan, Abtin)
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Filing 136
STATUS REPORT of ChrisAir, Thrush, Pratt & Whitney Canada, and Planesmart by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 135
RESPONSE in Opposition re #106 MOTION to Dismiss (Planesmart) filed by Thrush Aircraft Inc. (Attachments: #1 Exhibit Evidence of Receipt of Summons, #2 Exhibit Information from the Mississippi Secretary of State's Website)(Mehdizadegan, Abtin)
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Filing 134
STATEMENT OF FACTS (Local Rule 56.1) re #132 Motion for Summary Judgment filed by Pratt & Whitney Canada Corp. (Drennon, Baxter)
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Filing 133
BRIEF IN SUPPORT re #132 Motion for Summary Judgment filed by Pratt & Whitney Canada Corp. (Drennon, Baxter)
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Filing 132
MOTION for Summary Judgment by Pratt & Whitney Canada Corp (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Drennon, Baxter)
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Filing 131
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion for summary judgment, No. #116 , noted. The Court requests the movants to file a substituted Local Rule 56.1 statement of undisputed facts, with citations to specific pages in the record for each stated fact, by 31 July 2018. No. #101 at 34. Signed by Judge D. P. Marshall Jr. on 7/27/2018. (slb)
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Filing 130
BRIEF IN SUPPORT re #128 Motion for Summary Judgment,,,,,,, filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 129
STATEMENT OF FACTS (Local Rule 56.1) re #128 Motion for Summary Judgment,,,,,,, filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 128
MOTION for Summary Judgment by Thrush Aircraft Inc (Attachments: #1 Affidavit D. Stanley Logue (Supplement), #2 Exhibit Thrush Aircraft Bill of Sale, #3 Exhibit Expert Report of James P. Peleck, #4 Exhibit PWC Report, #5 Exhibit Arthur Lee Coffman Condensed Deposition Transcript, #6 Affidavit D. Stanley Logue (Initial), #7 Exhibit Plaintiff's Responses to Thrush's Requests for Admissions, #8 Exhibit Plaintiff's Aircraft Bill of Sale, #9 Affidavit Reagan Clark, #10 Exhibit Rusty JohnsonCondensed Deposition Transcript, #11 Exhibit Stan Clark Condensed Deposition Transcript, #12 Exhibit Kevin Jackson Condensed Deposition Transcript, #13 Exhibit MVP-50T Instructions for Continued Airworthiness, #14 Exhibit Expert Report of Thomas J. McCreary, #15 Exhibit Expert Report of Dr. Steven L. Morris and Dr. Robert C. Winn of ESI, #16 Exhibit Ron Roberts Condensed Deposition Transcript, #17 Exhibit Steve Krugler Condensed Deposition Transcript, #18 Exhibit Plaintiff's Responses to Thrush's Second Set of Discovery Requests, #19 Affidavit Joseph Bays, #20 Exhibit Excerpts of the Aircraft's Maintenance Records, #21 Exhibit David Trotter Condensed Deposition Transcript, #22 Exhibit FAA Memorandum Dated November 13, 2014, #23 Exhibit FAA Correspondence Dated November 21, 2014, #24 Exhibit Photo of Aircraft Cockpit's Reverse Warning, #25 Exhibit Excerpts of Thrush's Maintenance and Flight Manuals, #26 Exhibit Correspondence Between Y. Houde and D. Trotter Dated December 20, 2013, #27 Exhibit Excerpts of PWC's Maintenance Manual, #28 Exhibit Robert Duma Condensed Deposition Transcript)(Mehdizadegan, Abtin)
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Filing 127
BRIEF IN SUPPORT re #126 Motion for Order,,, of Declaration of Rights for Allocation of Fault (Renewed) filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 126
MOTION for Order of Declaration of Rights for Allocation of Fault (Renewed) by Thrush Aircraft Inc (Attachments: #1 Affidavit Affidavit of D. Stanley Logue, #2 Exhibit Aircraft Bill of Sale, #3 Exhibit PWC Report, #4 Exhibit Expert Report of James Peleck, #5 Exhibit Excerpts of Rusty Johnson's Deposition, #6 Exhibit Arthur Lee Coffman Report, #7 Exhibit Excerpts of Arthur Lee Coffman's Deposition, #8 Exhibit Excerpts of Thrush's Maintenance Manual, #9 Exhibit Excerpts of PWC's Maintenance Manual, #10 Exhibit Excerpts of N3000H Maintenance Records, #11 Exhibit Excerpts of Stan Clark's Deposition, #12 Exhibit Excerpts of David Trotter's Deposition)(Mehdizadegan, Abtin)
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Filing 125
BRIEF IN SUPPORT re #124 Motion in Limine, to Exclude Evidence of Other Incidents filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 124
MOTION in Limine to Exclude Evidence of Other Incidents by Thrush Aircraft Inc (Attachments: #1 Exhibit PWC Report, #2 Exhibit Excerpts of Arthur Lee Coffman's Deposition, #3 Exhibit Arthur Lee Coffman's Report)(Mehdizadegan, Abtin)
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Filing 123
BRIEF IN SUPPORT re #122 Motion in Limine,,,, to Exclude Sidney Lemoine's Rejected Safety Recommendation, Snow Engineering's Service Letter 172, and any Service Difficulty Reports filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 122
MOTION in Limine to Exclude Sidney Lemoine's Rejected Safety Recommendation, Snow Engineering's Service Letter 172, and any Service Difficulty Reports by Thrush Aircraft Inc (Attachments: #1 Exhibit Excerpts of FAA Order 8020.11C, #2 Exhibit Excerpts of David Trotter's Deposition, #3 Exhibit Lemoine Memo Dated March 12, 2014, #4 Exhibit FAA Correspondence Dated may 8, 2014, #5 Exhibit Lemoine Correspondence Dated May 14, 2014, #6 Exhibit FAA Memo Dated November 13, 2014, #7 Exhibit FAA Correspondence Dated November 21, 2014, #8 Exhibit Excerpts of Arthur Lee Coffman's Deposition, #9 Exhibit Excerpts of Stan Clark's Deposition, #10 Exhibit Excerpts of Rusty Johnson's Deposition, #11 Exhibit Excerpts of Steve Krugler's Deposition, #12 Exhibit Excerpts of Kevin Jackson's Deposition, #13 Exhibit Excerpts of Robert Duma's Deposition, #14 Exhibit Aircraft Maintenance Records)(Mehdizadegan, Abtin)
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Filing 121
BRIEF IN SUPPORT re #120 Motion in Limine, to Exclude Opinion Testimony of Arthur Lee Coffman Regarding Warnings on Daubert Grounds filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 120
MOTION in Limine to Exclude Opinion Testimony of Arthur Lee Coffman Regarding Warnings on Daubert Grounds by Thrush Aircraft Inc (Attachments: #1 Exhibit Excerpts of Arthur Lee Coffman's Deposition, #2 Exhibit Arthur Lee Coffman's Report, #3 Exhibit Snow Engineering Service Letter 172, #4 Exhibit Aircraft Maintenance Records, #5 Exhibit Supplemental Case List to Arthur Lee Coffman's Report)(Mehdizadegan, Abtin)
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Filing 119
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion to compel, No. #114 , denied without prejudice. Please follow the procedure outlined in the Third Amended Final Scheduling Order, No. #101 at 2, for any discovery disputes. Signed by Judge D. P. Marshall Jr. on 7/20/2018. (slb)
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Filing 118
STATEMENT OF FACTS (Local Rule 56.1) re #116 Motion for Summary Judgment filed by Estate of Donald Scott Brown, Planesmart Aircraft Services LLC. (Goss, Patrick)
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Filing 117
BRIEF IN SUPPORT re #116 Motion for Summary Judgment filed by Estate of Donald Scott Brown, Planesmart Aircraft Services LLC. (Goss, Patrick)
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Filing 116
MOTION for Summary Judgment by Estate of Donald Scott Brown, Planesmart Aircraft Services LLC (Attachments: #1 Exhibit, #2 Exhibit)(Goss, Patrick)
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Filing 115
BRIEF IN SUPPORT re #114 Motion to Compel filed by Estate of Donald Scott Brown. (Goss, Patrick)
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Filing 114
MOTION to Compel by Estate of Donald Scott Brown (Attachments: #1 Exhibit)(Goss, Patrick)
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Filing 113
BRIEF IN SUPPORT re #112 Motion to Dismiss for Lack of Personal Jurisdiction filed by Pratt & Whitney Canada Corp. (Drennon, Baxter)
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Filing 112
MOTION to Dismiss for Lack of Personal Jurisdiction by Pratt & Whitney Canada Corp (Attachments: #1 Exhibit 1)(Drennon, Baxter)
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Filing 111
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #110 , granted. Response due by 30 July 2018. Signed by Judge D. P. Marshall Jr. on 7/12/2018. (slb)
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Filing 110
First MOTION for Extension of Time to File Response/Reply as to #106 MOTION to Dismiss , #107 Brief in Support of Motion to Dismiss by Thrush Aircraft Inc (Mehdizadegan, Abtin)
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Filing 109
BRIEF IN SUPPORT re #108 Motion for Reconsideration in Light of Additional Authority filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 108
MOTION for Reconsideration re #36 Order on Motion to Dismiss/Lack of Jurisdiction in Light of Additional Authority by Thrush Aircraft Inc (Mehdizadegan, Abtin)
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Filing 107
BRIEF IN SUPPORT re #106 Motion to Dismiss filed by Planesmart Aircraft Services LLC. (Goss, Patrick)
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Filing 106
MOTION to Dismiss by Planesmart Aircraft Services LLC (Attachments: #1 Exhibit)(Goss, Patrick)
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Filing 105
ORDER granting #89 Motion to dismiss. Thrush's third-party claims against the estate are dismissed without prejudice. #95 request for ruling is held in abeyance. Signed by Judge D. P. Marshall Jr. on 7/3/2018. (jak)
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Filing 104
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #102 , granted as modified. The parties may depose Coffman on a mutually convenient date sometime during the first two weeks in July. They may also take advantage of this extension to set more convenient dates for any remaining depositions. The rest of the deadlines in the Third Amended Final Scheduling Order, No. #101 , remain unchanged. Signed by Judge D. P. Marshall Jr. on 6/19/2018. (thd)
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Filing 103
RESPONSE to Motion re #102 MOTION for Relief From Discovery Deadline to Conduct Deposition of Plaintiff's Expert, Arthur Lee Coffman filed by West Wind Air LLC. (Attachments: #1 Exhibit)(Awbrey, Nolan)
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Filing 102
MOTION for Relief From Discovery Deadline to Conduct Deposition of Plaintiff's Expert, Arthur Lee Coffman by Thrush Aircraft Inc (Attachments: #1 Exhibit, #2 Exhibit)(Bingham, M.)
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Filing 101
THIRD AMENDED FINAL SCHEDULING ORDER: Jury Trial set for 11/5/2018 at 9:30 AM in Little Rock Courtroom #1A before Judge D. P. Marshall Jr. Discovery due by 6/29/2018. Motions due by 7/30/2018. Pretrial Disclosure Sheet due by 10/4/2018. Signed at the direction of the Court on 5/8/2018. (slb)
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Filing 100
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #99 , granted. Thrush's expert witness and opinions due by 16 May 2018. The Court also extends the Plaintiff's and Third-Party Defendants' rebuttal expert deadline until 6 June 2018. A Third Amended Final Scheduling Order confirming the new deadlines will issue. Signed by Judge D. P. Marshall Jr. on 5/8/2018. (slb)
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Filing 99
MOTION to Extend Time to Identify Defendant's Expert Witnesses and Produce Opinions by Thrush Aircraft Inc (Bingham, M.)
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Filing 98
REPLY to Response to Motion re #89 MOTION to Dismiss the Estate of Donald Scott Brown, Deceased,, #96 MOTION for Leave to File Reply to Thrush's Response to Motion to Dismiss filed by Estate of Donald Scott Brown. (Goss, Patrick)
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Filing 97
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #96 , granted. Reply due by 24 April 2018. Signed by Judge D. P. Marshall Jr. on 4/17/2018. (slb)
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Filing 96
MOTION for Leave to File Reply to Thrush's Response by Estate of Donald Scott Brown (Goss, Patrick)
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Filing 95
RESPONSE in Opposition re #89 MOTION to Dismiss the Estate of Donald Scott Brown, Deceased, filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 94
SECOND AMENDED FINAL SCHEDULING ORDER: Jury Trial set for 11/5/2018 at 9:30 AM in Little Rock Courtroom #1A before Judge D. P. Marshall Jr. Discovery due by 6/29/2018. Motions due by 7/30/2018. Pretrial Disclosure Sheet due by 10/4/2018. Signed at the direction of the Court on 4/3/2018. (slb)
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Filing 93
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The parties have informally advised the Court that the motion, No. #92 , is unopposed. It is therefore granted. A Second Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 4/3/2018. (slb)
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Filing 92
MOTION to Amend/Correct #77 Scheduling Order, by Estate of Donald Scott Brown, Planesmart Aircraft Services LLC (Goss, Patrick)
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Filing 91
Deficiency Letter notifying party that #89 Motion to Dismiss and #90 Brief in Support lack correct case number. (kbc)
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Filing 90
BRIEF IN SUPPORT re #52 Third Party Complaint, #69 Answer to Third Party Complaint, #89 Motion to Dismiss the Estate of Donald Scott Brown, Deceased, filed by Estate of Donald Scott Brown. (Goss, Patrick) Additional attachment added on 3/20/2018: #1 Main Document - Correct. (kbc)
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Filing 89
MOTION to Dismiss the Estate of Donald Scott Brown, Deceased, by Estate of Donald Scott Brown (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Goss, Patrick) Additional attachment added on 3/20/2018: #6 Main Document - Correct. (kbc)
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NOTICE OF DOCKET CORRECTION re #88 Order. CORRECTION: The docket text was modified to include linkage to #80 First Amended Answer and Crossclaim as marked on the Order. (jak)
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Filing 88
ORDER granting #72 and #81 Motions to dismiss. Thrush's #52 third-party claims against Woodward are dismissed without prejudice for want of personal jurisdiction. Pratt & Whitney's cross-claims against Woodward, #80 , are dismissed without prejudice for the same reason. The Court again declines to address prematurely whether there will be an apportionment among non-parties at any trial. Signed by Judge D. P. Marshall Jr. on 3/7/2018. (jak)(Docket text modified on 3/8/2018 to correct the linkage)(jak)
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Filing 87
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER Joint status report, No. #86 , noted and appreciated. Signed by Judge D. P. Marshall Jr. on 2/28/2018. (slb)
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Filing 86
STATUS REPORT by All Parties Pursuant to ECF No. 77 by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 85
RESPONSE to Motion re #81 MOTION to Dismiss Pratt & Whitney Canada Corp's Cross-Claim filed by Pratt & Whitney Canada Corp. (Drennon, Baxter)
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Filing 84
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #83 , granted. P&WC's response due by 5 January 2018. Signed by Judge D. P. Marshall Jr. on 12/14/2017. (slb)
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Filing 83
Unopposed MOTION for Extension of Time to File Opposition to Woodward's Motion to Dismiss Pratt & Whitney Canada Corp.'s Cross Claim by Pratt & Whitney Canada Corp (Drennon, Baxter)
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Filing 82
BRIEF IN SUPPORT re #81 Motion to Dismiss Pratt & Whitney Canada Corp.'s Cross-Claim filed by Woodward Inc. (Gaines, Gail)
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Filing 81
MOTION to Dismiss Pratt & Whitney Canada Corp's Cross-Claim by Woodward Inc (Gaines, Gail)
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NOTICE OF DOCKET CORRECTION re #80 Answer and Crossclaim. CORRECTION: The docket text was modified to correct the description of the document filed as "FIRST AMENDED ANSWER to #52 Third Party Complaint, and CROSSCLAIM against THIRD-PARTY DEFENDANT Woodard Inc by Pratt & Whitney Canada Corp" as marked on the document.(jak)
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Filing 80
FIRST AMENDED ANSWER to #52 Third Party Complaint, and CROSSCLAIM against THIRD-PARTY DEFENDANT Woodard Inc by Pratt & Whitney Canada Corp.(Drennon, Baxter) (Docket text modified on 11/14/2017 to correct the description of the document filed) (jak)
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Filing 79
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #78 , granted. Reply, No. 78-1, deemed filed. In the future, any movant may reply within seven calendar days after a response is filed. Signed by Judge D. P. Marshall Jr. on 11/9/2017. (slb)
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Filing 78
MOTION for Leave to File Reply Brief by Woodward Inc (Attachments: #1 Document Proposed Reply Brief)(Gaines, Gail)
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Filing 77
AMENDED FINAL SCHEDULING ORDER: Jury Trial reset for 11/5/2018 at 9:30 AM in Little Rock Courtroom #1A before Judge D. P. Marshall Jr. Discovery due by 6/29/2018. Motions due by 7/30/2018. Pretrial Disclosure Sheet due by 10/4/2018. Signed at the direction of the Court on 10/27/2017. (slb)
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Filing 76
ANSWER to #52 Third Party Complaint, by Pratt & Whitney Canada Corp.(Drennon, Baxter)
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Filing 75
RESPONSE in Opposition re #72 MOTION to Dismiss Third-Party Complaint filed by Thrush Aircraft Inc. (Attachments: #1 Exhibit 1 - Excerpts of Woodward's Website, #2 Exhibit 2 - Excerpts of Woodward's Annual Statement, #3 Exhibit 3 - Woodward's Webpage Regarding Governor Control Systems, Inc., #4 Exhibit 4 - Map of Woodward's Full Service Distributors, #5 Exhibit 5 - Governor Control Systems, Inc.'s Webpage Regarding its Relationship with Woodward, #6 Exhibit 6 - Open Letter from Woodward Regarding its Relationship with Governor Control Systems, Inc., #7 Exhibit 7 - Woodward's Listing of its Global Business Partners and Locations)(Mehdizadegan, Abtin)
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Filing 74
AFFIDAVIT re #72 MOTION to Dismiss EX B by Woodward Inc. (Gaines, Gail)
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Filing 73
BRIEF IN SUPPORT re #72 Motion to Dismiss filed by Woodward Inc. (Gaines, Gail)
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Filing 72
MOTION to Dismiss by Woodward Inc (Attachments: #1 Exhibit EX "A", #2 Exhibit EX "B")(Gaines, Gail)
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Filing 71
SUMMONS Returned Executed by Thrush Aircraft Inc. Pratt & Whitney Canada Corp served on 9/29/2017. (Mehdizadegan, Abtin)
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Filing 70
ANSWER to #52 Third Party Complaint, by Estate of Donald Scott Brown.(Goss, Patrick)
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Filing 69
ANSWER to #52 Third Party Complaint, by Planesmart Aircraft Services LLC.(Goss, Patrick)
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Filing 68
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion to substitute, No. #67 , granted. Patrick J. Goss is substituted as counsel of record for Planesmart Aircraft Services, LLC and the Estate of Donald Scott Brown. Lindsey C. Meador is relieved as temporary counsel for these parties. Signed by Judge D. P. Marshall Jr. on 9/29/2017. (slb)
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Filing 67
MOTION to Substitute Attorney by Estate of Donald Scott Brown, Planesmart Aircraft Services LLC (Goss, Patrick)
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Filing 66
NOTICE of Appearance by Patrick J. Goss on behalf of Estate of Donald Scott Brown, Planesmart Aircraft Services LLC (Goss, Patrick)
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Filing 65
ORDER granting #63 Motion for limited appearance pro hac vice. Meador must register with the CM/ECF for the Eastern District of Arkansas by 9/25/2017. When other counsel appears for Planesmart and the Brown Estate, Meador will be relieved. Other counsel must do so by 10/10/2017. #64 Motion for Extension of Time granted as modified. Answer or Rule 12(b) motion by Planesmart and the Brown Estate due by 10/10/2017. Signed by Judge D. P. Marshall Jr. on 9/19/2017. (mcz)
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Filing 64
MOTION (Unopposed) for Extension of Time in Which to File Responsive Pleading as to #52 Third Party Complaint filed by Estate of Donald Scott Brown and Planesmart Aircraft Services LLC. (alm)
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Filing 63
MOTION for Special or Limited Appearance (Pro Hac Vice) by Lindsey C Meador. Fee $100.00 receipt number LIT063725. Filed by Estate of Donald Scott Brown and Planesmart Aircraft Services LLC. (alm)
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Filing 62
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #61 , granted as modified. Final Scheduling Order, No. #23 , suspended. An Amended Final Scheduling Order will issue in due course. Signed by Judge D. P. Marshall Jr. on 9/11/2017. (slb)
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Filing 61
MOTION to Continue Expert Disclosure Deadline by Thrush Aircraft Inc (Mehdizadegan, Abtin)
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Filing 60
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #58 , granted. Answer or Rule 12(b) motion due by 10 October 2017. Signed by Judge D. P. Marshall Jr. on 9/6/2017. (slb)
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Filing 59
NOTICE of Appearance by Michael E. Hale on behalf of Woodward Inc (Hale, Michael)
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Filing 58
MOTION to Extend Time by Woodward Inc (Gaines, Gail)
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Filing 57
Corporate Disclosure Statement (Rule 7.1) by Woodward Inc (Gaines, Gail)
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Filing 56
NOTICE of Appearance by Gail Ponder Gaines on behalf of Woodward Inc (Gaines, Gail)
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Filing 55
SUMMONS Returned Executed by Thrush Aircraft Inc. Estate of Donald Scott Brown served on 8/25/2017. (Mehdizadegan, Abtin)
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Filing 54
SUMMONS Returned Executed by Thrush Aircraft Inc. Planesmart Aircraft Services LLC served on 8/25/2017. (Mehdizadegan, Abtin)
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Filing 53
AMENDED ANSWER to Plaintiff West Wind Air, LLC, d/b/a ChrisAir's #1 Complaint by Thrush Aircraft Inc (Mehdizadegan, Abtin)
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Filing 52
THIRD PARTY COMPLAINT against Pratt & Whitney Canada Corporation, Woodward Inc, Planesmart Aircraft Services LLC, Donald Scott Brown Estate, filed by Thrush Aircraft Inc (third-party summonses issued and given to attorney for defendant Thrush Aircraft Inc for service upon third-party defendants) (jap)
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Filing 51
ORDER granting #49 Motion to File a Third-Party Complaint. #46 Motion to amend answer is partly granted and partly denied. Please file clean copies of the amended answer and third-party complaint by 8/21/2017. Thrush's #50 status report is noted and appreciated. The addition of these new parties necessitates a continuance. An Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 8/14/2017. (jak)
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Filing 50
STATUS REPORT Pursuant to ECF No. 23 by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 49
Unopposed MOTION for Leave to File Third-Party Complaint by Thrush Aircraft Inc (Attachments: #1 Exhibit Proposed Third-Party Complaint)(Mehdizadegan, Abtin)
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Filing 48
ADDENDUM filed by Thrush Aircraft Inc to #46 Motion for Leave to File. Amended Answer and for a Declaration of Rights for Allocation of Fault (Mehdizadegan, Abtin)
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Filing 47
BRIEF IN SUPPORT re #46 Motion for Leave to File Amended Answer And For Declaration of Rights For Allocation of Fault filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 46
MOTION for Leave to File by Thrush Aircraft Inc (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Mehdizadegan, Abtin)
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Filing 45
ORDER denying #39 Motion for Reconsideration. Thrush's alternative request for certification of the jurisdictional question for interlocutory review is denied. The #41 Motion to stay deadlines and for an amended final scheduling order is denied. The Court has extended the parties' deadline to request pleading amendments, No. 43 . With that change, the current scheduling order stands. Signed by Judge D. P. Marshall Jr. on 7/7/2017. (jak)
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Filing 44
RESPONSE in Opposition re #39 MOTION for Reconsideration re #36 Order on Motion to Dismiss/Lack of Jurisdiction, #37 Order, or Alternative Motion to Amend Order to Include Certification for Interlocutory Review filed by West Wind Air LLC. (Awbrey, Nolan)
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Filing 43
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #38 , granted as modified. Any party may move to amend its pleadings before 31 July 2017. Signed by Judge D. P. Marshall Jr. on 6/26/2017. (slb)
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Filing 42
BRIEF IN SUPPORT re #41 Motion to Stay All Deadlines and for Amended Final Scheduling Order filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 41
MOTION to Stay All Deadlines and for Amended Final Scheduling Order by Thrush Aircraft Inc (Attachments: #1 Exhibit Correspondence between A. Mehdizadegan and J. Thompson)(Mehdizadegan, Abtin)
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Filing 40
BRIEF IN SUPPORT re #39 Motion for Reconsideration, or Alternative Motion to Amend Order to Include Certification for Interlocutory Review filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 39
MOTION for Reconsideration re #36 Order on Motion to Dismiss/Lack of Jurisdiction, #37 Order, or Alternative Motion to Amend Order to Include Certification for Interlocutory Review by Thrush Aircraft Inc (Attachments: #1 Exhibit Bristol-Myers Squibb v. California, #2 Exhibit BNSF Ry. Co. v. Tyrell)(Mehdizadegan, Abtin)
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Filing 38
Unopposed MOTION to Extend Time to Add Parties by Thrush Aircraft Inc (Mehdizadegan, Abtin)
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Filing 37
ORDER: The Court made a mistake in its recent Order about personal jurisdiction over Thrush. The Court regrets its misstatement of the law about the record. Having recognized it, and reconsidered with that law correctly in mind, the Court stands by its conclusion: personal jurisdiction over Thrush in this case doesn't offend due process. Signed by Judge D. P. Marshall Jr. on 6/16/2017. (jak)
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Filing 36
ORDER denying #24 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge D. P. Marshall Jr. on 6/14/2017. (jak)
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Filing 35
ORDER denying #26 and #29 Motions; and addressing #28 Joint report. Signed by Judge D. P. Marshall Jr. on 3/30/2017. (ljb)
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Filing 34
REPLY to Response to Motion re #24 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure filed by Thrush Aircraft Inc. (Attachments: #1 Document Appellee's Petition for Review - Lawson v. Simmons Sporting Goods, Inc.)(Mehdizadegan, Abtin)
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Filing 33
RESPONSE to Motion re #26 MOTION to Deem Admitted filed by West Wind Air LLC. (Bridewell, Robert)
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Filing 32
RESPONSE to Motion re #28 JOINT REPORT of Discovery Dispute filed by Thrush Aircraft Inc. filed by West Wind Air LLC. (Bridewell, Robert)
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Filing 31
RESPONSE to Motion re #24 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure filed by West Wind Air LLC. (Attachments: #1 Affidavit Affidavit of Reagan Clark, #2 Affidavit Affidavit of David Riddell)(Bridewell, Robert)
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Filing 30
BRIEF IN SUPPORT re #29 Motion to Stay Discovery filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 29
MOTION to Stay Discovery by Thrush Aircraft Inc (Attachments: #1 Exhibit ChrisAir's First Set of Discovery Requests, #2 Exhibit Good Faith Correspondence)(Mehdizadegan, Abtin)
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Filing 28
JOINT REPORT of Discovery Dispute filed by Thrush Aircraft Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Mehdizadegan, Abtin)
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Filing 27
BRIEF IN SUPPORT re #26 Motion to Deem Admitted filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 26
MOTION to Deem Admitted by Thrush Aircraft Inc (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Mehdizadegan, Abtin)
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Filing 25
BRIEF IN SUPPORT re #24 Motion to Dismiss/Lack of Jurisdiction,, filed by Thrush Aircraft Inc. (Mehdizadegan, Abtin)
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Filing 24
MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure by Thrush Aircraft Inc (Attachments: #1 Affidavit D. Stanley Logue, #2 Exhibit Excerpts of S. Clark's Deposition, #3 Exhibit ChrisAir's Responses to Requests for Admissions, #4 Exhibit Aircraft Bill of Sale, #5 Exhibit Correspondence from D. Trotter to K. Jackson dated 1/27/14, #6 Exhibit Excerpts of D. Trotter's Deposition)(Mehdizadegan, Abtin)
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Filing 23
FINAL SCHEDULING ORDER: Jury Trial set for 2/5/2018 at 9:30 AM in Little Rock Courtroom #1A before Judge D. P. Marshall Jr. Discovery due by 10/10/2017. Motions due by 11/7/2017. Pretrial Disclosure Sheet due by 1/4/2018. Signed at the direction of the Court on 12/29/2016. (slb)
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Filing 22
REPORT of Rule 26(f) Planning Meeting by Thrush Aircraft Inc. (Joint Report) (Bingham, M.)
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Filing 21
PUBLIC NOTICE: Effective immediately the Pine Bluff Division will be an unstaffed office. Entered by the Clerk of the Court on 12/7/2016. (ljb)
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Filing 20
INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 1/13/2017. Jury Trial set for 2/5/2018 at 9:30 AM in Little Rock Courtroom #1A before Judge D. P. Marshall Jr. Signed at the direction of the Court on 11/30/2016. (slb)
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Filing 19
ANSWER to #1 Complaint with Jury Demand by Thrush Aircraft Inc.(Bingham, M.)
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Filing 18
ORDER denying without prejudice #10 Motion to Dismiss. Any renewed motion challenging personal jurisdiction after discovery is due by 3/1/2017. If Thrush doesn't move again on this point by then, personal jurisdiction will be conceded. Signed by Judge D. P. Marshall Jr. on 11/14/2016. (jak)
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Filing 17
REPLY to Response to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Thrush Aircraft Inc. (Attachments: #1 Document Exhibit Index, #2 Affidavit of Joseph Kenneth ("Jody") Bays, #3 Affidavit of Eric Rojek, #4 Affidavit of D. Stanley Logue, #5 Affidavit of Christopher Lee Pollock, #6 Affidavit of Terry Humphrey)(Mehdizadegan, Abtin)
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #12 , granted. If he hasn't already done so, Fred C. Begy III must register with the CM/ECF for the Eastern District of Arkansas by 12 October 2016. Signed by Judge D. P. Marshall Jr. on 10/6/2016. (slb)
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Filing 15
ADDENDUM filed by Thrush Aircraft Inc to #12 Motion for Leave to Appear Pro Hac Vice. (Attachments: #1 Exhibit A)(Bingham, M.)
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Filing 14
Deficiency Letter from Clerk of Court notifying party that #13 Response to Motion lacks an attorney's email address and telephone number (General Order 53) and lacks a certificate showing service of the document (F.R.Cv.P. 5(d)(1)). (jak)
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Filing 13
RESPONSE to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction filed by West Wind Air LLC. (Attachments: #1 Affidavit of Stan Clark, #2 Affidavit of David Trotter, #3 Affidavit of Rusty Johnson)(Bridewell, Robert) (Additional attachment(s) added on 10/6/2016: #4 Main Document - Correct (submitted 10/6/2016)) (jak)
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Filing 12
MOTION for Leave to Appear pro hac vice by Fred C. Begy III. Fee $100 receipt number 0860-2924859. Filed by Thrush Aircraft Inc (Bingham, M.)
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Filing 11
BRIEF IN SUPPORT re #10 Motion to Dismiss/Lack of Jurisdiction filed by Thrush Aircraft Inc. (Bingham, M.)
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Filing 10
MOTION to Dismiss for Lack of Jurisdiction by Thrush Aircraft Inc (Attachments: #1 Exhibit A)(Bingham, M.)
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Filing 9
NOTICE of Appearance by Abtin Mehdizadegan on behalf of Thrush Aircraft Inc (Mehdizadegan, Abtin)
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Filing 8
NOTICE of Appearance by M. Stephen Bingham on behalf of Thrush Aircraft Inc (Bingham, M.)
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Filing 7
NOTICE of Appearance by Nolan E. Awbrey on behalf of West Wind Air LLC (Awbrey, Nolan)
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Filing 6
NOTICE of Appearance by James J. Thompson, Jr on behalf of West Wind Air LLC (Thompson, James)
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Filing 5
DOCUMENT FILED IN ERROR - DISREGARD. (Bridewell, Robert) (Docket text modified and payment canceled on 9/16/2016, pursuant to instructions from Chambers.) (thd).
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Filing 4
DOCUMENT FILED IN ERROR - DISREGARD. (Bridewell, Robert) (Docket text modified and payment canceled on 9/16/2016, pursuant to instructions from Chambers.) (thd).
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NOTICE OF DOCKET CORRECTION re: #4 and #5 Motions for Leave to Appear Pro Hac Vice. CORRECTION: The docket text for each entry was modified to indicate the document was filed in error. (thd)
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Filing 3
AFFIDAVIT of Service filed by West Wind Air LLC. Thrush Aircraft Inc served on 9/8/2016. (Bridewell, Robert) (Docket text modified on 9/13/2016 to correct the party served.) (thd).
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NOTICE OF DOCKET CORRECTION re: #3 Affidavit of Service. CORRECTION: The docket text was modified to correct the party served as follows: "Thrush Aircraft Inc served on 9/8/2016." (thd)
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Filing 2
RECEIPT FILED: $ 400.00, receipt number LIT058220. (alm)
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Filing 1
COMPLAINT with Jury Demand against Thrush Aircraft Inc, filed by West Wind Air LLC ($400.00 Filing Fee received); summons issued and returned to attorney (Attachments: #1 Civil Cover Sheet)(bkj)
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