David Michery v. Ford Motor Company et al
| David Michery |
| Ford Motor Company, Board Ford and Does 1 to 100 i nclusive |
| 2:2012cv04957 |
| June 6, 2012 |
| US District Court for the Central District of California |
| Ronald SW Lew |
| Frederick F Mumm |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| Defendant |
Docket Report
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| Filing 205 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #181 , CCA # 17-56844. The judgment of this Court, entered September 10, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellant in the amount of $153.10. [See USCA Memorandum #204 , AFFIRMED.] (mat) |
| Filing 204 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #181 filed by David Michery. CCA # 17-56844. The decision of the district court is AFFIRMED. (shb) |
| Filing 203 AMENDED JUDGMENT by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Defendant Ford Motor Company and against Plaintiff David Michery Plaintiff David Michery shall recover nothing. Defendant Ford Motor Company shall recover its costs in the amount of $23,197.87. Related to: Judgment, #178 (shb) |
| Filing 202 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Order for Request for Entry of Amended Judgment #201 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 201 REQUEST for Order for Request for Entry of Amended Judgment filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 200 NOTICE OF LODGING filed [PROPOSED AMENDED JUDGMENT] re Judgment, #178 (Attachments: #1 [Proposed] Amended Judgment)(Rogers, Matthew) |
| Filing 199 BILL OF COSTS. Costs Taxed in amount of $23,197.87 in favor of Defendant Ford Motor Company and against Plaintiff, David Michery. RE: Amended APPLICATION to the Clerk to Tax Costs against plaintiff David Michery re: Judgment, #178 , #180 , APPLICATION to the Clerk to Tax Costs against plaintiff David Michery re: Judgment, #178 , #179 (kr) |
| Filing 198 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/9/17 re Transcript #197 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY |
| Filing 197 TRANSCRIPT for proceedings held on 11/9/17. Court Reporter/Electronic Court Recorder: Sheri Kleeger, phone number 213-894-6604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (Kleeger, Sheri) |
| Filing 196 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/8/17 re Transcript #195 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY |
| Filing 195 TRANSCRIPT for proceedings held on 11/8/17 9am. Court Reporter/Electronic Court Recorder: Sheri Kleeger, phone number 213-894-6604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (Kleeger, Sheri) |
| Filing 194 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/7/17 re Transcript #193 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY |
| Filing 193 TRANSCRIPT for proceedings held on 11/7/17 8:30. Court Reporter/Electronic Court Recorder: Sheri Kleeger, phone number 213-894-6604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (Kleeger, Sheri) |
| Filing 192 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/6/17 re Transcript #191 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY |
| Filing 191 TRANSCRIPT for proceedings held on 11/6/17 9am. Court Reporter/Electronic Court Recorder: Sheri Kleeger, phone number 213-894-6604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (Kleeger, Sheri) |
| Filing 190 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/02/17 re Transcript #189 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY |
| Filing 189 TRANSCRIPT for proceedings held on 11/02/17 9am. Court Reporter/Electronic Court Recorder: Sheri Kleeger, phone number 213-894-6604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (Kleeger, Sheri) |
| Filing 188 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/01/2017 9am re Transcript #187 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY |
| Filing 187 TRANSCRIPT for proceedings held on 11/01/2017 9am. Court Reporter/Electronic Court Recorder: Sheri Kleeger, phone number 213-894-6604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (Kleeger, Sheri) |
| Filing 186 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/31/17 re Transcript #185 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY |
| Filing 185 TRANSCRIPT for proceedings held on 10/31/17 8:30am. Court Reporter/Electronic Court Recorder: Sheri Kleeger, phone number 213-894-6604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (Kleeger, Sheri) |
| Filing 184 STATEMENT of Issues to be Presented filed by Plaintiff David Michery (Mandell, Robert) |
| Filing 183 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56844 assigned to Notice of Appeal to 9th Circuit Court of Appeals #181 as to Plaintiff David Michery. (shb) |
| Filing 182 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #181 . (Mandell, Robert) |
| Filing 181 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff David Michery. Appeal of Judgment, #178 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20932540.) (Mandell, Robert) |
| Filing 180 Amended APPLICATION to the Clerk to Tax Costs against plaintiff David Michery re: Judgment, #178 , filed by defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 179 APPLICATION to the Clerk to Tax Costs against plaintiff David Michery re: Judgment, #178 , filed by defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 178 JUDGMENT by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Defendant Ford Motor Company and against Plaintiff David Michery. Plaintiff David Michery shall recover nothing. Defendant Ford Motor Company shall recover its costs in this action and may make a motion to the Court for attorneys' fees. This action is hereby dismissed in its entirety.(MD JS-6, Case Terminated). (jre) |
| Filing 177 NOTICE OF LODGING filed by Ford Motor Company regarding Proposed Judgment re Jury Verdict #173 (Attachments: #1 Proposed Order)(Rogers, Matthew) |
| Filing 176 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on JOINT exhibits list are returned to counsel for respective party(ies). (shb) |
| Filing 175 LIST OF EXHIBITS AND WITNESSES at trial. (shb) |
| Filing 174 UNREDACTED JURY VERDICT filed by Defendant Ford Motor Company re: REDACTED Jury Verdict #173 (shb) |
| Filing 173 REDACTED JURY VERDICT in favor of Defendant Ford Motor Company and against David Michery. (shb) |
| Filing 172 UNREDACTED JURY NOTE NO. 1 filed re: REDACTED Jury Notes #171 (shb) |
| Filing 171 REDACTED Jury Notes # 1 filed. (shb) |
| Filing 170 JURY INSTRUCTIONS (Given) by Judge Ronald S.W. Lew. (shb) |
| Filing 169 MINUTES OF Jury Trial - 7TH Day held and completed before Judge Ronald S.W. Lew. Closing arguments made. Court instructs jury. Bailiff sworn. Jury retires to deliberate. Jury Verdict in favor of defendant. Filed Witness & Exhibit Lists. Filed jury notes. Filed jury instructions. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. Jurors thanked and excused. Lodged deposition transcript returned to counsel. Court Reporter: Sheri Kleeger. (jre) |
| Filing 168 MINUTES OF Jury Trial - 6TH Day held before Judge Ronald S.W. Lew: Witnesses called, sworn and testified. Exhibits identified and admitted. Defendant rests. Court and counsel discuss jury instructions and verdict form. Clerk reviews admitted exhibits with counsel to be submitted to jury for deliberation/findings. Jury Trial continued to for 11/9/2017 09:00 AM before Judge Ronald S.W. Lew. Court Reporter: Sheri Kleeger. (jre) |
| Filing 167 MINUTES OF Jury Trial - 5TH Day held before Judge Ronald S.W. Lew: Witnesses called, sworn and testified. Motion for Judgment by Defendant denied. Jury Trial continued to 11/8/2017, 09:00 AM before Judge Ronald S.W. Lew. Court Reporter: Sheri Kleeger. (jre) |
| Filing 166 Opposition In Opposition re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Ford Motor Company's Rule 50(a) Motion for Judgment As A Matter of Law #164 filed by Plaintiff David Michery. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Mandell, Robert) |
| Filing 165 MINUTES OF Jury Trial - 4TH Day held before Judge Ronald S.W. Lew: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff rests. Motion for Judgment made by Defendant. Oral argument heard from both sides. Any written opposition by Plaintiff due no later than 9:00 a.m., on 11/7/2017. Jury Trial continued to 11/7/2017, at 09:00 a.m., before Judge Ronald S.W. Lew. Court Reporter: Sheri Kleeger. (jre) |
| Filing 164 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Ford Motor Company's Rule 50(a) Motion for Judgment As A Matter of Law filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Petersen, Bradley) |
| Filing 163 MINUTES OF Jury Trial - 3rd Day held before Judge Ronald S.W. Lew. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 11/6/2017 at 01:00 PM before Judge Ronald S.W. Lew. Court Reporter: Sheri Kleeger. (jre) |
| Filing 162 MINUTES OF Jury Trial - 2nd Day held before Judge Ronald S.W. Lew. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 11/2/2017 09:00 AM before Judge Ronald S.W. Lew. Court Reporter: Sheri Kleeger. (jre) |
| Filing 161 MINUTES OF Jury Trial - 1st Day held before Judge Ronald S.W. Lew. Jury empanelled and sworn. Opening statements made. Court memorializes Telephonic Conference held on October 30, 2017. Defendant's Motion for Sanctions #154 is granted. Dismissal is not warranted. The Court will give an adverse inference instruction to the jury. Deposition video testimony played. Jury Trial continued to 11/1/2017 09:00 AM before Judge Ronald S.W. Lew. Court Reporter: Sheri Kleeger. (jre) |
| Filing 160 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #155 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Civil Events: select - Motions and Related Filings - select - Applications/Ex Parte Applications/Motions/Petitions/Requests - select - order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 159 REPLY Reply In Support of Motion NOTICE OF MOTION AND MOTION for Sanctions FORD MOTOR COMPANYS MOTION FOR SANCTIONS FOR PLAINTIFFS SPOLIATION OF EVIDENCE #154 Ford Motor Company's Reply in Support of Motion for Sanctions for Plaintiff's Spoilation of Evidence filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 158 Opposition re: NOTICE OF MOTION AND MOTION for Sanctions FORD MOTOR COMPANYS MOTION FOR SANCTIONS FOR PLAINTIFFS SPOLIATION OF EVIDENCE #154 filed by Plaintiff David Michery. (Mandell, Robert) |
| Filing 157 MINUTES OF Telephone Conference held before Judge Ronald S.W. Lew. The case is called and counsel make their telephonic appearances. The Court and counsel confer regarding the trial schedule, witnesses, and issues relating to evidence (including stipulations thereto, defendants recent motions and confidentiality). Court Reporter: Not Reported. (jre) |
| Filing 156 PROPOSED JURY VERDICT filed by Plaintiff David Michery. (Mandell, Robert) |
| Filing 155 Ford's Motion re Treatment of Confidential Documents and Testimony at Trial (Attachments: #1 Proposed Order Granting Ford's Motion re Treatment of Confidential Documents and Testimony at Trial)(Rogers, Matthew) Modified document type from misc doc to motion for order on 11/1/2017 (jre). |
| Filing 154 NOTICE OF MOTION AND MOTION for Sanctions FORD MOTOR COMPANYS MOTION FOR SANCTIONS FOR PLAINTIFFS SPOLIATION OF EVIDENCE filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Petersen, Bradley) |
| Filing 153 PROPOSED JURY VERDICT filed by defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 152 Amended Joint Exhibit List filed by defendant Ford Motor Company.. (Rogers, Matthew) |
| Filing 151 Witness List filed by Plaintiff David Michery.. (Mandell, Robert) |
| Filing 150 PROPOSED JURY INSTRUCTIONS filed by Plaintiff David Michery.. (Mandell, Robert) |
| Filing 149 Joint REQUEST for Order for Telephone Conference filed by Plaintiff David Michery. (Attachments: #1 Proposed Order) (Mandell, Robert) |
| Filing 148 PROPOSED JURY INSTRUCTIONS (Amended Additional set) filed by defendant Ford Motor Company.. (Rogers, Matthew) |
| Filing 147 Witness List filed by defendant Ford Motor Company.. (Rogers, Matthew) |
| Filing 146 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #141 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Motions and Related Filings - select - Applications/Ex Parte Applications/Motions/Petitions/Requests - select - Request - select - Order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
Filing 145
ORDER GRANTING STIPULATION RE DAMAGE CLAIMS AND EVIDENCE FOR TRIAL #139 by Judge Ronald S.W. Lew. Upon consideration of the parties' Stipulation re Plaintiff's Damage Claims and Evidence for Trial ("Stipulation") and good cause appearing, IT IS HEREBY ORDERED that: The terms of the Stipulation are adopted by this Court and shall control the use of such evidence at trial. (jre)
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Filing 144
ORDER GRANTING STIPULATION REGARDING EXHIBITS #134 by Judge Ronald S.W. Lew. The Court hereby GRANTS the parties' Stipulation and ORDERS that the CHP Photographs, Plaintiff's exhibits 2 to 47, are admitted into evidence and may be used by either party in opening statements. (jre)
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Filing 143
ORDER GRANTING STIPULATION TO PRELIMINARILY EXCLUDE EVIDENCE #129 by Judge Ronald S.W. Lew. The Court hereby GRANTS the parties' Stipulation and ORDERS that the parties shall not refer to or introduce evidence of the following matters in front of the jury without first providing notice to all parties, and if necessary, seeking permission from the Court outside the presence of the jury so the Court may determine the propriety and admissibility of the reference or evidence: 1. Other Defects, Recalls, and Lawsuits; 2. Other Accidents and Incidents; 3. Alleged Discovery Disputes and Documents NotProduced; 4. Non-Scientific News Articles, Television Programs,and Internet Information; 5. Absence or Identity of Fords CorporateRepresentative; 6. Improper Cross-Examination of Experts RegardingFinancial Information Outside the Case, IncludingPersonal Income. SEE ORDER FOR COMPLETE DETAILS. (jre)
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| Filing 142 STATEMENT JOINT STATEMENT OF THE CASE (Mandell, Robert) |
| Filing 141 Joint Request for Conference and/or Recess in Light of Stipulation re Plaintiff's Damage Claims filed by Plaintiff David Michery (Attachments: #1 Proposed Order)(Mandell, Robert) Modified on 10/27/2017 (shb). |
| Filing 140 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #138 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Other Filings - select - Miscellaneous Filings - select - Statement. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 139 STIPULATION for Order Granting Stipulation re Damage Claims and Evidence for Trial filed by defendant Ford Motor Company. (Attachments: #1 Proposed Order)(Rogers, Matthew) |
| Filing 138 Joint Statement of the Case filed by Plaintiff David Michery (Mandell, Robert) |
| Filing 137 PROPOSED JURY INSTRUCTIONS (Joint set) filed by defendant Ford Motor Company.. (Rogers, Matthew) |
| Filing 136 PROPOSED JURY INSTRUCTIONS (defendant set) filed by defendant Ford Motor Company.. (Rogers, Matthew) |
| Filing 135 Proposed Voir Dire Questions filed by defendant Ford Motor Company.. (Rogers, Matthew) |
| Filing 134 PRETRIAL STIPULATION regarding Exhibits . (Attachments: #1 Proposed Order)(Mandell, Robert) |
| Filing 133 PROPOSED JURY INSTRUCTIONS filed by Plaintiff David Michery.. (Mandell, Robert) |
| Filing 132 Proposed Voir Dire Questions filed by Plaintiff David Michery.. (Mandell, Robert) |
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Filing 131
ORDER re: Defendant's Motion to Exclude Plaintiff's Liability Experts #63 (MIL No. 9); Defendant's Motions inLimine Nos. 1-8 [85-92] by Judge Ronald S.W. Lew. Granting #85 MIL No. 1; granting in part and denying in part #86 MIL No. 2; granting #87 MIL No. 3; granting #88 MIL No. 4; granting #89 MIL No. 5; granting #90 MIL No. 6; granting #91 MIL No. 7; granting #92 MIL No. 8, denying #63 MIL No. 9 (Motion to Exclude Plaintiff's Liability Experts). SEE ORDER FOR COMPLETE DETAILS. (jre)
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Filing 130
ORDER re: Plaintiff's Motions in Limine Nos.1-11 [74-84] by Judge Ronald S.W. Lew: denying #74 MIL No. 1; denying #75 MIL No. 2; denying #76 MIL No. 3; denying #77 MIL No. 4; denying #78 MIL No. 5; denying #79 MIL No. 6; denying #80 MIL No. 7; denying #81 MIL No. 8; denying #82 MIL No. 9; denying #83 MIL No. 10; denying #84 MIL No. 11. SEE ORDER FOR COMPLETE DETAILS. (jre)
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| Filing 129 STIPULATION to Exclude Evidence filed by Defendant Ford Motor Company. (Attachments: #1 Proposed Order)(Petersen, Bradley) |
| Filing 128 OBJECTIONS to Witness List #127 filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 127 Witness List filed by plaintiff David Michery.. (Mandell, Robert) |
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Filing 126
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Ronald S.W. Lew Jury Trial set for 10/31/2017 09:00 AM before Judge Ronald S.W. Lew. (jre)
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| Filing 125 MINUTES OF Final Pretrial Conference held before Judge Ronald S.W. Lew. Case called. Counsel make their appearances. As more fully reflected on the Court Reporter's record, the Final Pretrial Conference is held. The Court approves the proposed Final Pretrial Conference Order which will be separately entered. Further, the Court makes the following rulings : Plaintiff's Motions in Limine 1 through 11 (74 - 84) are DENIED. The Court will issue a written ruling regarding Plaintiff's Motions in Limine. Defendant's Motion in Limine 1 #85 is taken under submission. Defendant's Motion in Limine 2 #86 is DENIED IN PART. Defendant's Motions in Limine 3 through 8 [docket entries 87 - 92] are GRANTED. Defendant's Motion to Exclude Plaintiff's Liability Experts #63 is DENIED. The Court will issue a written ruling regarding Defendant's Motions in Limine. Counsel are reminded of the following - THE COURT REQUIRES THAT THE FOLLOWING BE SUBMITTED TO THE COURT CLERK ON THE FIRST DAY OF TRIAL: 1. Two bench books of the exhibits. The original bench book shall contain the original exhibits for use by the witness. The second bench book shall be for the Judge. 2. THREE COPIES OF THE JOINT EXHIBIT LIST (bearing no CM/ECF headers) 3. THREE COPIES OF THE WITNESS LIST (bearing no CM/ECF headers).The original exhibits with the Court's exhibit tags attached and filled out showing the case number, case name and exhibit number. (EXHIBIT TAGS MUST BE ON THE FRONT OF THE EXHIBIT AND MAY BE STAPLED TO AN EXHIBIT IF IT CANNOT BE GLUED ON). In addition to hard copy submissions, parties must submit a copy of the proposed jury instructions, if applicable, in conformance with Local Rules 11-5.2 and 11.5.3 in WordPerfect (.wpd) or MS Word (.doc/x) format, either via email to the courtroom deputy clerk by noon on the following business day of filing or hand delivered on a USB thumb/flash drive. Court Reporter: Myra Ponce. (jre) |
| Filing 124 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff David Michery. (Attachments: #1 Proposed Order, #2 Exhibit A)(Sullivan, Robert) |
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Filing 123
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The Final Pretrial Conference, set for 10/10/2017, at 10:00 am, shall be held in Courtroom 1, Mezzanine Level, at the First Street Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. Counsel shall appear at this location. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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Filing 122
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: On the Court's own motion, the Final Pretrial Conference, set for 10/3/2017, at 10:00 am, is hereby CONTINUED to 10/10/2017, at 10:00 am. Counsel are ordered to appear on this new date and time. The 9/29/2017 (by 4:30 pm) deadline to submit and file the proposed Final Pretrial Conference Order remains firm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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| Filing 121 REPLY In Support NOTICE OF MOTION AND MOTION to Exclude Plaintiffs' Liability Experts #63 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit)(Petersen, Bradley) |
| Filing 120 REPLY Eighth MOTION IN LIMINE to Exclude Post-Sale Changes and Advancements #92 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 119 REPLY Seventh MOTION IN LIMINE to Exclude Other Manufacturer Documents Without Foundation #91 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 118 REPLY Sixth MOTION IN LIMINE to Exclude Ford Marketing Ads and Lack of Warning #90 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 117 REPLY Fifth MOTION IN LIMINE to Exclude Opinions re Ford State of Mind #89 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 116 REPLY Fourth MOTION IN LIMINE to Exclude Patents #88 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 115 REPLY Opposition tto MIL No. 3 MOTION IN LIMINE to Exclude Inflammatory Graphics and Animations by Anyone, Specifically Including Micah Kohne; Declaration of Matthew R. Rogers and Exhibits in Support #87 filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 114 REPLY to Opposition to MIL No. 2 MOTION IN LIMINE to Exclude Speculative Lost Profits ; Declaration of Matthew R. Rogers and Exhibits in Supprot #86 filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 113 REPLY MOTION IN LIMINE (1) to Exclude Evidence of Unavailability or Destruction of the Subject Vehicle #74 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit)(Petersen, Bradley) |
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Filing 112
MINUTE ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew. Before the Court is an Unopposed Motion for Extension of Time to File Final Pretrial Conference Order (filed 9/26/2017) #111 . The Court GRANTS the parties request for an extension of time. The parties shall file the proposed Final Pretrial Conference Order by the close of business (4:30 p.m.) on Friday, September 29, 2017. (jre)
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| Filing 111 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE FINAL PRETRIAL CONFERENCE ORDER filed by Plaintiff David Michery (Sullivan, Robert) |
| Filing 110 OPPOSITION to MOTION IN LIMINE (10) to Exclude Argument or Evidence that the Subject Ford Expedition Complied with Federal Motor Vehicle Safety Standards #83 Amended filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 109 OPPOSITION to MOTION IN LIMINE (11) to Exclude Speculative Expert Opinion or Argument Relating to the Duration of the Crash #84 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Petersen, Bradley) |
| Filing 108 OPPOSITION to MOTION IN LIMINE (9) to Exclude Evidence or Argument Relating to Other Vehicle Manufacturers' Designs, Industry Standards and Regulations #82 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 107 OPPOSITION to MOTION IN LIMINE (8) to Exclude Evidence or Argument Relating to the Cause of the Motor Vehicle Accident #81 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 106 Opposition re: MOTION IN LIMINE (8) to Exclude Evidence or Argument Relating to the Cause of the Motor Vehicle Accident #81 filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 105 OPPOSITION to MOTION IN LIMINE (7) to Exclude Any Evidence or Argument by Ford That Any Given Witness has Owned or Driven a Ford Vehicle, Other than the Subject Vehicle, or any Questions Relating to the Type of Vehicle Owned or Driven by any Witness #80 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 104 Opposition re: MOTION IN LIMINE (6) to Exclude Any Statements, Opinions or Conclusions Contained in the Incident Report Prepared by the California Highway Patrol #79 filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 103 Opposition re: MOTION IN LIMINE (5) to Exclude Any Evidence or Argument Concerning Alleged Criminal Activity or Incarceration of Earl Simmons aka DMX #78 Declaration of Matthew R. Rogers and Exhibits in Support filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 102 Opposition re: MOTION IN LIMINE (4) to Exclude Evidence of Mr. Michery's Financial Condition at any Time #77 ; Declaration of Matthew R. Rogers and Exhibits in Support filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 101 OPPOSITION to MOTION IN LIMINE (1) to Exclude Evidence of Unavailability or Destruction of the Subject Vehicle #74 filed by Defendant Ford Motor Company. (Petersen, Bradley) |
| Filing 100 OPPOSITION TO DEFENDANT FORD MOTOR COMPANY'S MOTION IN LIMINE NO. 8 TO EXCLUDE POST-SALE CHANGES AND ADVANCEMENTS filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 99 OPPOSITION TO DEFENDANT FORD MOTOR COMPANY'S MOTION IN LIMINE NO. 7 TO EXCLUDE OTHER MANUFACTURER DOCUMENTS WITHOUT FOUNDATION filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 98 OPPOSITION TO DEFENDANT FORD MOTOR COMPANY'S MOTION IN LIMINE NO. 6 TO EXCLUDE FORD MARKETING, ADS, AND LACK OF WARNINGS filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 97 OPPOSITION TO DEFENDANT FORD MOTOR COMPANY'S MOTION IN LIMINE NO. 5 TO EXCLUDE OPINIONS CONCERNING FORD'S STATE OF MIND OR KNOWLEDGE filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 96 OPPOSITION TO FORD MOTOR COMPANY'S MOTION IN LIMINE NO. 4 TO EXCLUDE PATENTS filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 95 OPPOSITION TO DEFENDANT FORD MOTOR COMPANY'S MOTION IN LIMINE NO. 3 EXCLUDING INFLAMMATORY GRAPHICS AND ANIMATIONS BY ANYONE, SPECIFICALLY INCLUDING MICAH KOHNE filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 94 OPPOSITION TO DEFENDANT FORD MOTOR COMPANY'S MOTION IN LIMINE NO. 2 EXCLUDING PLAINTIFF FROM SEEKING SPECULATIVE LOST PROFITS filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 93 OPPOSITION TO DEFENDANT FORD MOTOR COMPANY'S MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE OF PAST MEDICAL EXPENSES filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 92 NOTICE OF MOTION AND Eighth MOTION IN LIMINE to Exclude Post-Sale Changes and Advancements filed by Defendant Ford Motor Company. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Petersen, Bradley) |
| Filing 91 NOTICE OF MOTION AND Seventh MOTION IN LIMINE to Exclude Other Manufacturer Documents Without Foundation filed by Defendant Ford Motor Company. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Petersen, Bradley) |
| Filing 90 NOTICE OF MOTION AND Sixth MOTION IN LIMINE to Exclude Ford Marketing Ads and Lack of Warning filed by Defendant Ford Motor Company. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Petersen, Bradley) |
| Filing 89 NOTICE OF MOTION AND Fifth MOTION IN LIMINE to Exclude Opinions re Ford State of Mind filed by Defendant Ford Motor Company. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Petersen, Bradley) |
| Filing 88 NOTICE OF MOTION AND Fourth MOTION IN LIMINE to Exclude Patents filed by Defendant Ford Motor Company. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Exhibit Exhibit A)(Petersen, Bradley) |
| Filing 87 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Inflammatory Graphics and Animations by Anyone, Specifically Including Micah Kohne; Declaration of Matthew R. Rogers and Exhibits in Support filed by defendant Ford Motor Company. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Rogers, Matthew) |
| Filing 86 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Speculative Lost Profits ; Declaration of Matthew R. Rogers and Exhibits in Supprot filed by defendant Ford Motor Company. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Rogers, Matthew) |
| Filing 85 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Med Expenses Paid Not Bill filed by Defendant Ford Motor Company. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Petersen, Bradley) |
| Filing 84 NOTICE OF MOTION AND MOTION IN LIMINE (11) to Exclude Speculative Expert Opinion or Argument Relating to the Duration of the Crash filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 83 NOTICE OF MOTION AND MOTION IN LIMINE (10) to Exclude Argument or Evidence that the Subject Ford Expedition Complied with Federal Motor Vehicle Safety Standards filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 82 NOTICE OF MOTION AND MOTION IN LIMINE (9) to Exclude Evidence or Argument Relating to Other Vehicle Manufacturers' Designs, Industry Standards and Regulations filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 81 NOTICE OF MOTION AND MOTION IN LIMINE (8) to Exclude Evidence or Argument Relating to the Cause of the Motor Vehicle Accident filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 80 NOTICE OF MOTION AND MOTION IN LIMINE (7) to Exclude Any Evidence or Argument by Ford That Any Given Witness has Owned or Driven a Ford Vehicle, Other than the Subject Vehicle, or any Questions Relating to the Type of Vehicle Owned or Driven by any Witness filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 79 NOTICE OF MOTION AND MOTION IN LIMINE (6) to Exclude Any Statements, Opinions or Conclusions Contained in the Incident Report Prepared by the California Highway Patrol filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 78 NOTICE OF MOTION AND MOTION IN LIMINE (5) to Exclude Any Evidence or Argument Concerning Alleged Criminal Activity or Incarceration of Earl Simmons aka DMX filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 77 NOTICE OF MOTION AND MOTION IN LIMINE (4) to Exclude Evidence of Mr. Michery's Financial Condition at any Time filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 76 NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude Evidence or Argument that the Unavailability of the Subject Vehicle Allegedly Hampered Ford's Defense filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 75 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude Evidence or Argument that Mr. Michery Did Not Personally Make An Effort to Preserve the Subject Vehicle, or That He Should Have Made Such Effort filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
| Filing 74 NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude Evidence of Unavailability or Destruction of the Subject Vehicle filed by Plaintiff David Michery. Motion set for hearing on 10/3/2017 at 10:00 AM before Judge Ronald S.W. Lew.(Sullivan, Robert) |
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Filing 73
ORDER CONTINUING FINAL PRETRIAL CONFERENCE AND TRIAL DATES #72 by Judge Ronald S.W. Lew: Final Pretrial Conference continued from September 26, 2017, to October 3, 2017, at 10:00 a.m., in Courtroom 1. Jury Trial continued from October 24, 2017, to October 31, 2107 at 9:00 a.m., in Courtroom 6C. All Local Rule 16 deadlines shall adjust accordingly. The hearing on Ford Motor Company's Motion to Exclude Plaintiffs Liability Experts #63 is continued to the date of the Final Pretrial Conference. All motions in limine shall be filed on or before September 12, 2017. Oppositions shall be due on or before September 19, 2017. Any Replies shall be due on or before September 26, 2017. The hearings on all motions in limine shall take place on October 3, 2017, at the Final Pretrial Conference. (jre)
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| Filing 72 STIPULATION to Continue Trial from 10/24/17 to 10/31/17 filed by Plaintiff David Michery. (Attachments: #1 Proposed Order)(Mandell, Robert) |
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Filing 71
MINUTE ORDER IN CHAMBERS by Judge Ronald S.W. Lew: With the agreement of Counsel, the Court hereby CONTINUES the following dates in thisaction:Final Pretrial Conference continued from July 25, 2017, to September 26, 2017, at 10:00 a.m.,in Courtroom 1, U.S. Courthouse, 350 W. 1st Street, Mezzanine Level, Los Angeles, CA 90012Jury Trial continued from August 15, 2017 to October 24, 2017, at 9:00 a.m., in Courtroom 6C, 350 W. 1st Street, 6th Floor, Los Angeles, CA 90012. All Local Rule 16 deadlines shall adjust accordingly. FURTHER, Ford Motor Companys Motion to Exclude Plaintiffs' Liability Experts (filed 05/26/17) #63 shall be deemed submitted as of September 26, 2017. Any other motions in limine shall be filed on or before September 26, 2017. Oppositions shall be due on or before October 3, 2017. Any replies shall be due on or before October 10, 2017. (jre)
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| Filing 70 OPPOSITION to Defendant Ford Motor Company's Motion to Exclude Plaintiff's Liability Experts filed by Plaintiff David Michery. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Sullivan, Robert) |
| Filing 69 MEMORANDUM of CONTENTIONS of FACT and LAW filed by attorney for plaintiff David Michery. (Mandell, Robert) |
| Filing 68 Witness List filed by Attorney for plaintiff David Michery.. (Mandell, Robert) |
| Filing 67 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Attorney David Michery. (Mandell, Robert) |
| Filing 66 Joint Exhibit List filed by Defendant Ford Motor Company.. (Rogers, Matthew) |
| Filing 65 Witness List filed by Defendant Ford Motor Company.. (Rogers, Matthew) |
| Filing 64 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Ford Motor Company. (Rogers, Matthew) |
| Filing 63 NOTICE OF MOTION AND MOTION to Exclude Plaintiffs' Liability Experts filed by Defendant Ford Motor Company. Motion set for hearing on 7/25/2017 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9) (Petersen, Bradley) |
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Filing 62
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Ronald S.W. Lew: granting #59 Non-Resident Attorney Bradley W. Petersen APPLICATION to Appear Pro Hac Vice on behalf of Defendant Ford Motor Company, designating Matthew R. Rogers as local counsel. (lt)
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Filing 61
ORDER CONTINUING DATES #58 by Judge Ronald S.W. Lew. The Stipulation is granted and the following dates be set: 1. Discovery Cut-Off: May 25, 2017; 2. Expert Cut-Off: May 25, 2017; 3. Motion Filing Cut-Off: May 26, 2017; 4. Final Pretrial Conference: July 25, 2017, 10:00 a.m.; 5. Jury Trial (7-10 day est): August 15, 2017 at 9:00 a.m. (jre)
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| Filing 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Trial #58 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 59 APPLICATION of Non-Resident Attorney Bradley W. Petersen to Appear Pro Hac Vice on behalf of Defendant Ford Motor Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19417957) filed by Defendant Ford Motor Company. (Attachments: #1 Pr oposed Order Granting Pro Hac Vice Application) (Jacobson, Emma) |
| Filing 58 STIPULATION for Jury Trial on 08/14/17 filed by Plaintiff David Michery.(Sullivan, Robert) |
| Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #56 . The following error(s) was found: Incorrect event selected. The correct event is: Civil Events: select - Service Documents - select - Service of Subsequent Documents - select - Proof of Service, subsequent documents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 56 Certificate of Service - Plaintiff's Expert Designation and Amended Expert Designation filed by Plaintiff David Michery (Sullivan, Robert) |
| Filing 55 NOTICE TO PARTIES by District Judge Ronald S. W. Lew. Effective December 9, 2016, Judge Lew will be located at the 1st Street Courthouse, located at 350 W. 1st Street, Los Angeles, California 90012. All mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 54 Notice of Electronic Filing re Notice of Change of Attorney Business or Contact Information (G-06), #53 e-mailed to Joseph A Kaufman bounced due to invalid email address. Notice of Electronic Filing resent addressed to joe@lemonla.waid.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY |
| Filing 53 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert J Mandell counsel for Plaintiff David Michery. Changing address to 5950 Canoga Ave., #605, Woodland Hills, CA 91367. Changing e-mail to rob@mandellaw.com. Filed by Plaintiff David Michery. (Mandell, Robert) |
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Filing 52
ORDER SETTING DATES by Judge Ronald S.W. Lew: Having received the parties' Joint Status Report #51 , the Court sets the following dates: Discovery cut-off 3/6/2017. Expert Cut-Off 3/6/2017. Motions due by 3/7/2017. Final Pretrial Conference set for 5/2/2017 09:00 AM before Judge Ronald S.W. Lew. Jury Trial set for 5/30/2017 09:00 AM before Judge Ronald S.W. Lew. The parties shall follow the pretrial procedures and briefing schedule for motions in limine found in the Order at Docket Entry No. #11 . (Case reopened. MD JS-5.) (gk)
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| Filing 51 STATUS REPORT SUBMITTED JOINTLY BY THE PARTIES filed by Defendant Ford Motor Company. (Jacobson, Emma) |
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Filing 50
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #41 filed by David Michery. CCA # 13-57012. Appellant's motion to file a revised cost bill is granted. Appellant's revised bill of costs is approved. Costs are taxed against appellee in the amount of $ 97.80. This order serves to amend the court's prior mandate. (mat)
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| Filing 49 NOTICE of Change of Attorney Business or Contact Information: for attorney Matthew R Rogers counsel for Defendant Ford Motor Company. Changing firm name and address to Squire Patton Boggs (US) LLP, 555 S. Flower St., 31 Flr., Los Angeles, CA 90071. Changing email to matthew.rogers@squirepb.com. Filed by Defendant Ford Motor Company. (Rogers, Matthew) |
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Filing 48
ORDER by Judge Ronald S.W. Lew: Having received the Mandate issued by the Ninth Circuit on June 9, 2016 #47 , IT IS HEREBY ORDERED THAT the parties are to meet and confer and jointly file a status report within fourteen (14) days of this Order. The status report should include the parties' positions regarding the status of the case, including any suggested pretrial and trial dates. (jre)
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| Filing 47 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #41 CCA # 13-57012. The judgment of the 9th Circuit Court, entered May 17, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #46 , Vacate summary judgment and remand to the district court for further proceedings] (mat) |
| Filing 46 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #41 filed by David Michery. CCA # 13-57012. VACATED and REMANDED.(mat) |
| Filing 45 NOTICE of Entry of Judgment filed by Defendant Ford Motor Company. (Graglia, Emma) |
| Filing 44 BILL OF COSTS. Costs Taxed in amount of $ 13,975.95 in favor of Ford Motor Company and against David Michery. RE: #40 (mb) |
| Filing 43 NOTICE That No Transcript Will be Ordered With Respect to Appeal filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 42 NOTIFICATION by Circuit Court of Appellate Docket Number 13-57012 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #41 as to Plaintiff David Michery. (dmap) |
| Filing 41 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff David Michery. Appeal of Order on Motion for Summary Judgment,, #37 (Appeal fee of $455 receipt number 0973-13035209 paid.) (Sullivan, Robert) |
| Filing 40 APPLICATION to the Clerk to Tax Costs against Plaintiff David Michery filed by Defendant Ford Motor Company. Application set for hearing on 12/5/2013 at 01:00 PM before Clerk of Court. (Attachments: #1 Exhibit A, B(1) & B(2), #2 Exhibit C & D)(Graglia, Emma) |
| Filing 39 JUDGMENT #18 by Judge Ronald S.W. Lew: The evidence having been fully considered, the issues having been duly heard, and a decision having been duly rendered, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be entered in favor of Defendant Ford Motor Company and against Plaintiff David Michery. As no other defendants remain, this Action is dismissed in its entirety. (MD JS-6, Case Terminated). (jre) |
| Filing 38 FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Ronald S.W. Lew. SEE DOCUMENT FOR COMPLETE DETAILS. (jre) |
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Filing 37
ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, DISMISSAL FOR SPOLIATION OF EVIDENCE #18 by Judge Ronald S.W. Lew. The Court GRANTS in part and DENIES in part Defendant's Motion for Summary Judgment, or in the Alternative, Dismissal for Spoliation of Evidence. Specifically, the Court GRANTS Defendants Motion for Summary Judgment and DENIES as moot Defendants Request for Dismissal for Spoliation of Evidence. The Court also OVERRULES as moot Defendants twenty one evidentiary objections. Moreover, because Plaintiff has not identified the Doe defendants despite having ample time to do so, the Doe defendants are dismissed from this Action. SEE ORDER FOR COMPLETE DETAILS. (jre)
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Filing 36
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: Having received an appropriate response in the form of a stipulated dismissal, and said dismissal having been entered, the Order to Show Cause dated 10/28/2013 #33 is hereby DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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Filing 35
ORDER ON STIPULATED DISMISSAL OF BOARD FORD, INC. #34 by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED, pursuant to the foregoing Stipulation, that Board Ford, Inc. is dismissed with prejudice, with each party bearing its own costs. Board Ford (a California entity, form unknown) terminated. (jre)
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| Filing 34 Stipulated Dismissal of Board Ford, Inc. and Order Thereon filed by Plaintiff David Michery (Sullivan, Robert) |
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Filing 33
ORDER TO SHOW CAUSE by Judge Ronald S.W. Lew plaintiff to show cause in writing for lack of prosecution as to defendant Board Ford or in the alternative defendant to file an answer to complaint by November 12, 2013. Response to Order to Show Cause due by 11/12/2013. (pg)
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Filing 32
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The hearing on Defendant Ford Motor Company's Motion for Summary Judgment, Or In the Alternative, Dismissal for Spoilation of Evidence (filed 07/05/13) #18 , set for 10/22/2013, at 10:00 a.m., is hereby taken OFF-CALENDAR and is now UNDER SUBMISSION. No appearance necessary on 10/22/2013. The Court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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Filing 31
ORDER by Judge Ronald S.W. Lew, re Stipulation to Continue #30 . 1) Defendant's Motion for Summary Judgment or Dismissal for Spoliation of Evidence will be heard on October 22, 2013 at 10:00 a.m. in Courtroom 21. 2) Discovery Cut-Off March 20, 2014. 3) Expert Cut-Off March 20, 2014. 4) Last day to file motions April 20, 2014. 5) Final Pretrial Conference April 22, 2014, 10:00 a.m. 6) Jury Trial (7-10 est.) May 20, 2014, 9:00 a.m. (jre)
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| Filing 30 Joint STIPULATION to Continue Hearing from October 5, 2013 to October 17,2013 filed by Plaintiff David Michery. (Attachments: #1 Proposed Order)(Sullivan, Robert) |
| Filing 29 Notice of Withdrawal of Motion to Continue #27 filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Continue hearing from October 3, 2013 to October 17, 2013 #27 . PDF is a "motion" to continue hearing on a pending motion; The following error(s) was found: Incorrect event selected and an erroneous 10/3/13 10:00 AM hearing set on Judges motion calendar. Correct event: Request: Continue; to which the missing proposed order should have been submitted as a separate attachment. NOTE; Clerk TERMED ONLY the Erroneous hearing which does not appear on the pdf nor is one required for "motion requesting a continuance". In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 27 NOTICE OF MOTION AND MOTION to Continue hearing from October 3, 2013 to October 17, 2013 filed by Plaintiff David Michery. Motion set for hearing on 10/3/2013 at 10:00 AM before Judge Ronald S.W. Lew. (Sullivan, Robert) |
| Filing 26 OBJECTION re: MOTION for Summary Judgment as to Plaintiff's Complaint, or in the Alternative, Dismissal for Spoliation of Evidence #18 Plaintiff David Michery's Evidentiary Objections to Expert Opinions and Testimony in Defendant Ford Motor Company's Reply to Plaintiff's Opposition to Motion For Summary Judgment or Dismissal For Spoliation of Evidence filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 25 SCHEDULING NOTICE by Judge Ronald S.W. Lew re: The hearing on Defendant Ford Motor Company's MOTION for Summary Judgment or in the Alternative, Dismissal for Spoliation of Evidence #18 set for 9/4/2013 is hereby CONTINUED to 10/3/2013, at 10:00 AM. Counsel are ordered to appear on this new date and time.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) |
| Filing 24 REPLY First MOTION for attorney Robert C. Sullivan to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10952740 paid.) #8 , MOTION for Summary Judgment as to Plaintiff's Complaint, or in the Alternative, Dismissal for Spoliation of Evidence #18 Ford Motor Company's Reply to Plaintiff's Opposition to Motion for Summary Judgment or Dismissal for Spoliation of Evidence filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Emma E. Graglia in support of Ford Motor Company's Reply to Plaintiff's Opposition to Motion for Summary Judgment or Dismissal for Spoliation of Evidence, #2 Exhibit 1 in support of Ford Motor Company's Reply to Plaintiff's Opposition to Motion for Summary Judgment or Dismissal for Spoliation of Evidence, #3 Exhibit 2 in support of Ford Motor Company's Reply to Plaintiff's Opposition to Motion for Summary Judgment or Dismissal for Spoliation of Evidence, #4 Exhibit 3-5 in support of Ford Motor Company's Reply to Plaintiff's Opposition to Motion for Summary Judgment or Dismissal for Spoliation of Evidence, #5 Supplement Ford Motor Company's Evidentiary Objections to Dr. Anil Khadilkar's Declaration)(Graglia, Emma) |
| Filing 23 STATEMENT of Genuine Disputes of Material Fact MOTION for Summary Judgment as to Plaintiff's Complaint, or in the Alternative, Dismissal for Spoliation of Evidence #18 filed by Plaintiff David Michery. (Sullivan, Robert) |
| Filing 22 OPPOSITION to MOTION for Summary Judgment as to Plaintiff's Complaint, or in the Alternative, Dismissal for Spoliation of Evidence #18 filed by Plaintiff David Michery. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit Attachment to Ex. 8, #10 Exhibit Attachment to Ex. 8, #11 Exhibit Attachment to Ex. 8, #12 Exhibit Attachment to Ex. 8, #13 Exhibit Attachment to Ex. 8, #14 Exhibit Attachment to Ex. 8, #15 Exhibit Attachment to Ex. 8)(Sullivan, Robert) |
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Filing 21
ORDER by Judge Ronald S.W. Lew, re Stipulation for Extension of Time to File Response/Reply #19 #20 : Having considered the parties Stipulation For Extension of Time For Plaintiff to oppose Defendant Ford Motor Company's Motion For Summary Judgment, or in the Alternative, Dismissal For Spoliation of Evidence. Plaintiff is hereby granted an extension up to and including August 1, 2013 to respond to Defendant Ford's Motion for Summary Judgment and Defendant Ford has up to and including August 21, 2013 to reply to Plaintiff's response and the hearing date is continued from August 6, 2013 until September 4, 2013 at 10:00 a.m. in Courtroom 21. (jre)
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| Filing 20 Supplemental STIPULATION for Extension of Time to File response as to MOTION for Summary Judgment as to Plaintiff's Complaint, or in the Alternative, Dismissal for Spoliation of Evidence #18 , Stipulation for Extension of Time to File Response/Reply, #19 filed by plaintiff David Michery.(Sullivan, Robert) |
| Filing 19 STIPULATION for Extension of Time to File Response as to MOTION for Summary Judgment as to Plaintiff's Complaint, or in the Alternative, Dismissal for Spoliation of Evidence #18 filed by Plaintiff David Michery. (Attachments: #1 Proposed Order)(Sullivan, Robert) |
| Filing 18 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint, or in the Alternative, Dismissal for Spoliation of Evidence filed by Defendant Ford Motor Company. Motion set for hearing on 8/6/2013 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Exhibit Evidence Supporting Motion, #2 Exhibit Evidence Supporting Motion, #3 Exhibit Evidence Supporting Motion, #4 Exhibit Evidence Supporting Motion, #5 Exhibit Evidence Supporting Motion, #6 Affidavit Evidence Supporting Motion, #7 Supplement Statement of Uncontroverted Facts, #8 Proposed Order Proposed Order Granting Ford's Motion)(Graglia, Emma) |
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Filing 17
PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order #16 : NOTE CHANGES MADE BY THE COURT: (see attached) (jm)
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| Filing 16 Joint STIPULATION for Protective Order filed by Defendant Ford Motor Company. (Attachments: #1 Proposed Order)(Graglia, Emma) |
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Filing 15
ORDER CONTINUING TRIAL DATE #13 by Judge Ronald S.W. Lew: The Joint Stipulation is granted and the following dates be set: 1. Discovery Cut-Off November 21, 2013;2. Expert Cut-Off November 21, 2013; 3. Last day to file motions November 21, 2013;4. Final Pretrial Conference January 7, 2014, 10 a.m.; and5. Jury Trial (7-10 est.) January 21, 2014, 9 a.m. (jre)
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| Filing 14 Supplemental STIPULATION to Amend Stipulation to Amend/Correct #13 filed by Plaintiff David Michery.(Sullivan, Robert) |
| Filing 13 Joint STIPULATION to Amended filed by Plaintiff David Michery. (Attachments: #1 Proposed Order)(Sullivan, Robert) |
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Filing 12
ORDER/REFERRAL to ADR Procedure No 3 by Judge Ronald S.W. Lew. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (jre)
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Ronald S.W. Lew: The Scheduling Conference having previously been taken UNDER SUBMISSION, the Court sets the following dates: Discovery Cut-Off: 06-03-13; Expert Cut-Off: 06-03-13; Last day to file motions: 07-02-13; Final Pretrial Conference: 07-16-13, 10 am; andJury Trial (7-10 day est): 08-06-13, 9 am. SEE ORDER FOR FURTHER DETAILS. (jre)
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| Filing 10 Notice of Electronic Filing re Order on Motion to Appear Pro Hac Vice #9 e-mailed to rmandell@mandelllaw.com bounced due to 5.4.7 - Delivery expired (message too old) 'timeout' (. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to rmandell@mandellaw.com. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY |
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Filing 9
ORDER by Judge Ronald S.W. Lew: granting #8 Motion to Appear Pro Hac Vice by Attorney Robert C. Sullivan on behalf of Plaintiff, designating Robert J. Mandell as local counsel. (lt)
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| Filing 8 NOTICE OF MOTION AND First MOTION for attorney Robert C. Sullivan to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10952740 paid.) filed by Plaintiff David Michery. (Attachments: #1 Affidavit Good Standing, #2 Affidavit of Service of Motion, #3 Proposed Order re Pro Hac Vice, #4 Affidavit of Service of Order)(Burnett, Mara) |
| Filing 7 TEXT ONLY (IN CHAMBERS) by Judge Ronald S.W. Lew: The Scheduling Conference, set for 8/28/12, at 10:00 a.m. is hereby taken UNDER SUBMISSION and is now OFF CALENDAR. No appearances necessary on 8/28/12. The Court's scheduling order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(jre) TEXT ONLY ENTRY |
| Filing 6 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Defendant Ford Motor Company.. (Kaufman, Joseph) |
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Filing 5
MINUTE ORDER IN CHAMBERS by Judge Ronald S.W. Lew: Scheduling Conference set for 8/28/2012 at 10:00 AM. (Refer to document for complete details.) (kd)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by defendant Ford Motor Company. (jp) (mg). |
| Filing 2 DEMAND for Jury Trial filed by defendant Ford Motor Company. (jp) (mg). |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, Southeast District at Norwalk case number VC060734 with CONFORMED copy of summons and complaint. Case assigned to Judge Ronald S.W. Lew, Discovery to Magistrate Judge Frederick F Mumm. (Filing fee $ 350 PAID), filed by defendant Ford Motor Company.(jp) (Additional attachment(s) added on 6/11/2012: #1 Ntc of Asgmt, #2 Civil Cover Sheet) (mg). |
| CONFORMED COPY OF ORIGINAL ANSWER to Plaintiff Complaint #1 filed by defendant Ford Motor Company. (FILED IN STATE COURT ON 6/5/2012 SUBMITTED ATTACHED EXHIBIT IN THE NOTICE OF REMOVAL #1 ). (jp) |
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