Jose Linares v. Crown Equipment Corporation et al
| Jose Linares and Linares Jose |
| Crown Equipment Corporation, Doe Forklift Maintenance Company, Doe Aftermarket Parts Manufacturing Company and Does 1 to 100 |
| Cardinal Health |
| 5:2016cv01637 |
| July 27, 2016 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Kenly Kiya Kato |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 pl |
| Defendant |
Docket Report
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This docket was last retrieved on June 5, 2018. A more recent docket listing may be available from PACER.
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| Filing 170 BILL OF COSTS. Costs Taxed in amount of $42,201.90 in favor of Defendant, Crown Equipment Corporation and against Plaintiff, Jose Linares. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff Linares Jose #169 (kr) |
| Filing 169 APPLICATION to the Clerk to Tax Costs against Plaintiff Linares Jose filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration of Paul C. White II ISO Deft Crown Equipment Corporation's Application to the Clerk to Tax Costs) (White, Paul) |
| Filing 168 ENTRY OF JUDGMENT FOLLOWING JURY VERDICT (FRCP 58(b)(2)(A)) by Judge Jesus G. Bernal, in favor of Crown Equipment Corporation against Linares Jose. Plaintiff Jose Linares shall take nothing against Defendant Crown Equipment Corporation. Defendant Crown Equipment Corporation shall be entitled to its costs in an amount to be determined following Defendant Crown Equipment Corporation's submission of a Bill of Costs within 14 days of the clerk's notice of entry of this Judgment, pursuant to FRCP 54 and Local Rule 54-1 et seq. (MD JS-6, Case Terminated). (mrgo) |
| Filing 167 NOTICE OF FILING TRANSCRIPT filed for proceedings 2-20-18, 1:30pm; 2-21-18, 9:00am; 2-22-18, 9:00am; 2-23-18, 9:00am; 2-27-18, 9:00am and 3:00pm re Transcript #163 , #164 , #166 , #165 , #162 , #161 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afr) TEXT ONLY ENTRY |
| Filing 166 TRANSCRIPT for proceedings held on 2-27-2018; 3:00pm. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018. (afr) |
| Filing 165 TRANSCRIPT for proceedings held on 2-27-2018; 9:00am. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018. (afr) |
| Filing 164 TRANSCRIPT for proceedings held on 2-23-2018; 9:00am. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018. (afr) |
| Filing 163 TRANSCRIPT for proceedings held on 2-22-2018; 9:00am. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018. (afr) |
| Filing 162 TRANSCRIPT for proceedings held on 2-21-18; 9:00am. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018. (afr) |
| Filing 161 TRANSCRIPT for proceedings held on 2-20-18; 1:30pm. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018. (afr) |
| Filing 160 NOTICE OF LODGING filed [PROPOSED] Entry of Judgment Following Jury Verdict (FRCP 58(b)(2)(A)) re Jury Trial - Completed, #158 (Cavanaugh, Todd) |
| Filing 159 LIST OF EXHIBITS AND WITNESSES at trial. (iva) |
| Filing 158 MINUTES OF Jury Trial - 6th Day held and completed before Judge Jesus G. Bernal: Closing arguments made. Verdict reached. Jury FINDS: in favor of defendant(s). Jury polled. (SEE ORDER FOR FURTHER DETAILS) Court Reporter: Adele C. Frazier (am) / Phyllis Preston (pm). (iva) |
| Filing 156 UNREDACTED VERDICT FORM filed Re Verdict Form #155 . (ad) |
| Filing 155 REDACTED VERDICT FORM filed. (ad) |
| Filing 154 UNREDACTED Jury Notes #2 filed Re Jury Notes #2 #153 . (ad) |
| Filing 153 REDACTED Jury Notes # 2 filed. (ad) |
| Filing 152 UNREDACTED Jury Notes #1 filed Re Jury Notes #1 #151 . (ad) |
| Filing 151 REDACTED Jury Notes # 1 filed. (ad) |
| Filing 157 MINUTES OF Jury Trial - 5th Day held before Judge Jesus G. Bernal: Witnesses called, sworn and testified. Exhibits identified and admitted. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Counsel stipulate to withdraw exhibit 59-5 as it's a duplicate of 59-10. Jury Trial continued to 2/28/2018 at 08:00 AM before Judge Jesus G. Bernal. Court Reporter: Adele C. Frazier (am) / Phyllis Preston (pm). (iva) |
| Filing 150 PROPOSED SPECIAL JURY VERDICT filed by Defendant Crown Equipment Corporation. (Attachments: #1 Exhibit A (Verdict Form))(White, Paul) |
| Filing 149 CERTIFICATE OF SERVICE filed by Plaintiff Linares Jose, re Jury Verdict (Proposed) #148 served on 02/27/2018. (Bennett, Vincent) |
| Filing 148 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Linares Jose. (Attachments: #1 Exhibit EXHIBIT A (VERDICT FORM))(Bennett, Vincent) |
| Filing 146 Defendant filed by Defendant Crown Equipment Corporation PARTIES MEET AND CONFER EFFORTS RE JURY INSTRUCTIONS re: Jury Instructions (Proposed) #112 (Cavanaugh, Todd) |
| Filing 145 TRIAL BRIEF PLAINTIFF'S TRIAL BRIEF RE WHAT ARGUMENT MAY BE PRESENTED BY DEFENDANT IN OPPOSITION TO THE CONSUMER EXPECTATION TEST filed by Plaintiff, Jose Linares Linares Jose.. (Attachments: #1 Affidavit Certificate of Service)(Bennett, Vincent) |
| Filing 144 TRIAL BRIEF Re Use and Warnings Evidence Relevant to Consumer Expectation Test filed by Defendant Crown Equipment Corporation.. (Cavanaugh, Todd) |
| Filing 147 MINUTES OF Jury Trial - 4th Day held before Judge Jesus G. Bernal: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 2/27/2018 at 08:15 AM before Judge Jesus G. Bernal. Motion for Judgment/Directed Verdict by Defendant is denied. Court Reporter: Adele C. Frazier (am) / Phyllis Preston (pm). (iva) |
| Filing 143 MINUTES OF Jury Trial - 3rd Day held before Judge Jesus G. Bernal: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 2/23/2018 at 9:00AM. Court Reporter: Adele C Frazier (am)/Phyllis Preston (pm). (ad) |
| Filing 142 MINUTES OF Jury Trial - 2nd Day held before Judge Jesus G. Bernal: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 2/22/2018 at 09:00 AM before Judge Jesus G. Bernal. Court Reporter: Adele C. Frazier (am) / Phyllis Preston (pm). (iva) |
| Filing 140 TRIAL BRIEF RE EVIDENCE RELEVANT TO CONSUMER EXPECTATION TEST filed by Defendant Crown Equipment Corporation.. (White, Paul) |
| Filing 141 MINUTES OF Jury Trial - 1st Day held before Judge Jesus G. Bernal: Jury impaneled and sworn. Opening statements made. Jury Trial continued to 2/21/2018 at 09:00 AM before Judge Jesus G. Bernal. Court Reporter: Adele C. Frazier. (iva) |
| Filing 139 TRIAL BRIEF REGARDING WHAT EVIDENCE IS ADMISSIBLE UNDER THE CONSUMER EXPECTATION TEST filed by Plaintiff Linares Jose.. (Attachments: #1 Affidavit CERTIFICATE OF SERVICE)(Bennett, Vincent) |
| Filing 138 NOTICE OF FILING TRANSCRIPT filed for proceedings 2-5-2018; 9:00am re Transcript #137 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afr) TEXT ONLY ENTRY |
| Filing 137 TRANSCRIPT for proceedings held on 2-5-2018; 9:00am. Court Reporter: Adele C. Frazier adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 3/1/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/9/2018. (afr) |
| Filing 136 SCHEDULING NOTICE by Judge Jesus G. Bernal: The Pretrial Conference previously set for 2/12/2018 is hereby ADVANCED to 2/5/2018 at 11:00 AM before Judge Jesus G. Bernal. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
| Filing 135 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST of Daniel John Scully Jr. to Withdraw as Attorney #133 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order must be a separate attachment to a main document such as a motion, request, application, stipulation, etc., or to a Notice of Lodging. (L.R. 5-4.4.1). 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. (gga) |
Filing 134
ORDER by Judge Jesus G. Bernal: Granting #132 Non-Resident Attorney Thomas J. Cullen Jr APPLICATION to Appear Pro Hac Vice on behalf of Defendant Crown Equipment Corporation, designating Todd A. Cavanaugh as local counsel. (lwag)
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| Filing 133 REQUEST of Daniel John Scully Jr. to Withdraw as Attorney filed by Defendant Crown Equipment Corporation. (Cavanaugh, Todd) |
| Filing 132 APPLICATION of Non-Resident Attorney Thomas J. Cullen Jr. to Appear Pro Hac Vice on behalf of Defendant Crown Equipment Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20841041) filed by Defendant Crown Equipment Corporation. (Att achments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Cavanaugh, Todd) |
| Filing 130 NOTICE OF LIEN Cardinal Health. (Attachments: #1 Declaration Declaration of Saul Perez in Support of Lien Claimant Cardinal Health 200 Inc.'s Notice of Lien and Demand for Future Notice of Judgment, Settlement, or Intent to Dismiss, #2 Proposed Order Proposed Order re: Lien Claimant Cardinal Health 200 Inc.'s Application for Allowance of Lien)(Vasquez, Davil) |
| Filing 131 SECOND AMENDED MINUTES held before Judge Jesus G. Bernal re: Amended Minutes #129 . The Court declares a mistrial. The Court sets new trial scheduled as follows. (SEE ORDER FOR FURTHER DETAILS) (iva) |
| Filing 129 AMENDED MINUTES held before Judge Jesus G. Bernal re: Jury Trial - Held and Continued #128 . (SEE ORDER FOR DETAILS) Prior version of Minutes inadvertently indicated opening statements were made. (iva) |
| Filing 128 MINUTES OF Jury Trial - 2nd Day held before Judge Jesus G. Bernal: Opening statements made. Jury Trial continued to 2/20/2018 at 9:00AM. Pretrial Conference set for 2/12/2018 at 11:00am. Court Reporter: Adele C Frazier. (ad) |
| Filing 127 MINUTES OF Jury Trial - 1st Day held before Judge Jesus G. Bernal: Jury impaneled and sworn. Jury Trial set for 9/27/2017 08:30 AM before Judge Jesus G. Bernal. Court Reporter: Adele C Frazier/Phyllis Preston. (ad) |
| Filing 126 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objections to Plaintiff's Second [Proposed] Exhibit List #125 , Notice of Lodging #124 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: "Other Filings" - Notices - Notice of Lodging (124) & "Other Filings" - Miscellaneous Filings - Objection (125). 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. (ad) |
| Filing 125 Defendant Crown Equipment Corporation's Objections to Plaintiff's Second [Proposed] Exhibit List filed by defendant Crown Equipment Corporation.. (White, Paul) |
| Filing 124 Plaintiff'S NOTICE OF LODGING DEPOSITION TRANSCRIPT FOR USE AT TRIAL (Attachments: #1 Affidavit Certificate of Service)(Bennett, Vincent) |
| Filing 123 NOTICE OF LIEN Cardinal Health. (Vasquez, Davil) |
| Filing 122 PLAINTIFFS OFFER OF PROOF REGARDING SUBSTANTIALLY SIMILAR ACCIDENTS filed by Plaintiff Linares Jose (Attachments: #1 Exhibit "Exhibit A" (PLAINTIFF JOSE LINARES INDEX OF SUBSTANTIALLY SIMILAR CROWN INCIDENTS AND OFFER OF PROOF), #2 Affidavit Certificate Of Service)(Bennett, Vincent) |
| Filing 121 OBJECTIONS to Request for Judicial Notice #116 PLAINTIFFS OBJECTIONS TO DEFENDANTS REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Linares Jose. (Bennett, Vincent) |
| Filing 120 CERTIFICATE OF SERVICE filed by Plaintiff, Jose Linares Linares Jose, re Exhibit List #119 , Objection #117 , Objection #118 served on 09/22/2017. (Bennett, Vincent) |
| Filing 119 PLAINTIFF'S SECOND [PROPOSED] EXHIBIT LIST Exhibit List filed by Plaintiff, Jose Linares Linares Jose.. (Bennett, Vincent) |
| Filing 118 OBJECTIONS to Jury Instructions (Proposed) #112 PLAINTIFFS STATEMENTS IN SUPPORT OF HIS LIST OF DISPUTED JURY INSTRUCTIONS (WHICH WERE OMITTED FROM THE JOINT FILED LIST) filed by Plaintiff Linares Jose. (Bennett, Vincent) |
| Filing 117 OBJECTIONS to Jury Instructions (Proposed) #112 PLAINTIFFS OBJECTIONS TO DEFENDANTS LIST OF DISPUTED JURY INSTRUCTIONS (WHICH WERE OMITTED FROM THE JOINT FILED LIST) filed by Plaintiff Linares Jose. (Bennett, Vincent) |
| Filing 116 REQUEST FOR JUDICIAL NOTICE filed by Defendant Crown Equipment Corporation. (Attachments: #1 Exhibit A to Defendant Crown's Request for Judicial Notice, #2 Exhibit B to Crown's Request for Judicial Notice)(White, Paul) |
| Filing 115 NOTICE OF NON-OPPOSITION Crown Equipment Corporation's Response to Plaintiff's Trial Brief Regarding the Risk Benefit Test (CACI 1204) Instruction filed by Defendant Crown Equipment Corporation. (Hua, Raymond) |
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Filing 114
MINUTES Order DENYING Plaintiff Jose Linaress Ex Parte Application for a Brief Continuance of Trial #104 (IN CHAMBERS) by Judge Jesus G. Bernal: Finding no good cause to continue the trial in this matter, the Court DENIES the Application. The trial shall proceed as scheduled on Tuesday, September 26, 2017 at 9:00am. IT IS SO ORDERED. (ad)
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| Filing 113 OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR A BRIEF CONTINUANCE OF TRIAL re: First EX PARTE APPLICATION to Continue Trial from 09/26/2017 to 10/03/2017 #104 filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration of Todd A. Cavanaugh in support of Crown's Opposition to Plaintiff's Ex Parte Application for a Brief Continuance of Trial, #2 Exhibit A to of Todd A. Cavanaugh Declaration in support of Crown's Opposition to Plaintiff's Ex Parte Application for a Brief Continuance of Trial, #3 Exhibit B to of Todd A. Cavanaugh Declarationin support of Crown's Opposition to Plaintiff's Ex Parte Application for a Brief Continuance of Trial)(Hua, Raymond) |
| Filing 112 PROPOSED JURY INSTRUCTIONS (Joint Amended List of Disputed set) filed by Defendant Crown Equipment Corporation.. (Hua, Raymond) |
| Filing 111 PROPOSED JURY INSTRUCTIONS (Joint Amended Agreed set) filed by Defendant Crown Equipment Corporation.. (Hua, Raymond) |
| Filing 110 CERTIFICATE OF SERVICE filed by Plaintiff, Jose Linares Linares Jose, re First EX PARTE APPLICATION to Continue Trial from 09/26/2017 to 10/03/2017 #104 , Trial Brief #108 , Trial Brief #106 , Declaration #109 served on 09/21/2017. (Bennett, Vincent) |
| Filing 109 DECLARATION of John E. M. Yeaw, Private Investigator Confirming the Current Address for Harold Stammen filed by Plaintiff Linares Jose. (Bennett, Vincent) |
| Filing 108 TRIAL BRIEF Plaintiff'S Trial Brief Re: The Risk Benefit Test filed by Plaintiff, Jose Linares Linares Jose.. (Bennett, Vincent) |
| Filing 107 PROPOSED JURY VERDICT filed by Defendant Crown Equipment Corporation. (Attachments: #1 Exhibit A to Defendant Crown Equipment Corporation's Proposed Verdict Forms, #2 Exhibit B to Defendant Crown Equipment Corporation's Proposed Verdict Forms)(Hua, Raymond) |
| Filing 106 TRIAL BRIEF Plaintiff'S TRIAL BRIEF RE: APPLICATION OF THE CONSUMER EXPECTATION TEST filed by Plaintiff, Jose Linares Linares Jose.. (Bennett, Vincent) |
| Filing 105 TRIAL BRIEF As to the Inapplicability of the Consumer Expectations Test for Design Defect; Memo of Points and Authorities filed by Defendant Crown Equipment Corporation.. (Hua, Raymond) |
| Filing 104 First EX PARTE APPLICATION to Continue Trial from 09/26/2017 to 10/03/2017 filed by Plaintiff, Jose Linares Linares Jose. (Attachments: #1 Declaration Declaration of Roger L. Gordon, #2 Proposed Order Proposed Order) (Bennett, Vincent) |
| Filing 103 NOTICE OF FILING TRANSCRIPT filed for proceedings 9-18-2017; 11:00a.m. re Transcript #102 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afr) TEXT ONLY ENTRY |
| Filing 102 TRANSCRIPT for proceedings held on 9-18-2017; 11:00 a.m.. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 10/12/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/20/2017. (afr) |
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Filing 101
MINUTES Order Re Pre-trial Motions #22 , #29 , #30 , #31 (IN CHAMBERS) by Judge Jesus G. Bernal: (see document image for further details). The final MIL, Plaintiffs MIL No. 2 for an Order Excluding All Collateral Source Evidence, (Dkt. No. 22), will be heard and ruled on prior to the start of trial. For the foregoing reasons, the Court hereby ORDERS as follows: 1. Crowns MIL No. 3 to Exclude Testimony and Documentary Evidence Regarding the Diagnosis and Treatment of Post-Traumatic Stress Disorder is DENIED. 2. Crowns MIL No. 4 to Exclude Testimony of Plaintiffs Expert William Phelps is DENIED. 3. Crowns MIL No. 5 to Exclude Evidence of or Reference to Other Specific Lawsuits, Claims or Incidents is GRANTED IN PART and DENIED IN PART. MIL No. 5 is GRANTED as to evidence regarding other specific lawsuits or claims, but DENIED as to evidence of substantially similar incidents. IT IS SO ORDERED. (ad)
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| Filing 100 AMENDED MINUTES held before Judge Jesus G. Bernal re: Pretrial Conference - Final, #99 . (SEE ORDER FOR FURTHER DETAILS) Defendant to produce accident reports from1990 to present by 12 noon September 19, 2017 to the Plaintiff. (iva) |
| Filing 99 MINUTES OF Pretrial Conference held before Judge Jesus G. Bernal. (SEE ORDER FOR FURTHER DETAILS.) The Court orders the attorneys to meet and confer on September 19, 2017 and September 20, 2017 for two hours each day. Counsel to submit new jury instructions by end of day on September 21, 2017 as follows: 1) Joint agreed instructions; 2) Joint disputed instructions. Supplemental briefs by end of day on September 21, 2017, not to exceed five pages. Verdict forms to be filed by September 21, 2017. Plaintiff to produce accident reports from1990 to present by 12 noon September 19, 2017 to the Defendant. Court Reporter: Adele C. Frazier. (iva) |
| Filing 98 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #95 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal G123. 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. (ak) |
| Filing 97 DECLARATION of Todd A. Cavanaugh filed by Defendant Crown Equipment Corporation. (Cavanaugh, Todd) |
| Filing 96 DECLARATION of Roger L. Gordon re Declaration, #94 IN RESPONSE TO DEFENDANT'S SUBMISSION OF THE DECLARATIONS OF TODD A. CAVANAUGH AND GEORGE LIMON REGARDING THE STATUS OF CROWN RR5020-45 STAND-UP FORKLIFT filed by Plaintiff Linares Jose. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit Certificate of Service)(Bennett, Vincent) |
| Filing 95 NOTICE of Appearance filed by attorney Daniel John Scully, Jr on behalf of Defendant Crown Equipment Corporation (Attorney Daniel John Scully, Jr added to party Crown Equipment Corporation(pty:dft))(Scully, Daniel) |
| Filing 94 DECLARATION of Todd Cavanaugh Regarding Status of the Subject Forklift filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration of George Limon regarding Crown RR5020-45 Stand-Up Forklift, #2 Exhibit A to George Limon Declaration)(Hua, Raymond) |
| Filing 93 SUPPLEMENT to EX PARTE APPLICATION for Order for to Preclude Plaintiff from Offering into Evidence at Trial Untimely Testimony Designations, or Alternatively, for a Trial Continuance, or for an Order Shortening Time #76 filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration oof Dan Dunlap re Harold Stammen)(Hua, Raymond) |
| Filing 92 NOTICE of Association of Counsel associating attorney Daniel John Scully Jr. on behalf of Defendant Crown Equipment Corporation. Filed by Defendant Crown Equipment Corporation (Cavanaugh, Todd) |
| Filing 91 Witness List filed by Plaintiff, Jose Linares Linares Jose.. (Attachments: #1 Affidavit CERTIFICATE OF SERVICE)(Bennett, Vincent) |
| Filing 90 NOTICE OF FILING TRANSCRIPT filed for proceedings 9-11-2017; 11:00am re Transcript #89 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afr) TEXT ONLY ENTRY |
| Filing 89 TRANSCRIPT for proceedings held on 9-11-2017; 11:00am. Court Reporter: ADELE C. FRAZIER, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court ReporterRecorder 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 10/5/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/13/2017. (afr) |
| Filing 88 Plaintiff'S LIST OF PAGE AND LINE DESIGNATIONS FROM THE TRIAL TRANSCRIPT OF WILLIAM McEUIN v. CROWN EQUIPMENT CORP., TESTIMONY OF JOHN SEVART, DATED 03/30/2000 (Attachments: #1 Exhibit EXH A - Part 1, #2 Exhibit EXH A - Part 2, #3 Exhibit EXH A - Part 3, #4 Exhibit EXH A - Part 4, #5 Exhibit EXH A - Part 5, #6 Exhibit EXH A - Part 6, #7 Exhibit EXH A - Part 7, #8 Exhibit EXH A - Part 8, #9 Exhibit EXH A - Part 9, #10 Exhibit EXH A - Part 10, #11 Exhibit EXH A - Part 11, #12 Exhibit EXH A - Part 12, #13 Exhibit EXH A - Part 13, #14 Exhibit EXH A - Part 14, #15 Exhibit EXH A - Part 15, #16 Affidavit CERTIFICATE OF SERVICE)(Bennett, Vincent) |
| Filing 87 PROOF OF SERVICE filed by Plaintiff, Jose Linares Linares Jose, re Miscellaneous Document, #80 , MEMORANDUM in Opposition to Motion,, #77 , Witness List #78 served on September 8, 2017. (Bennett, Vincent) |
| Filing 86 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for to Preclude Plaintiff from Offering into Evidence at Trial Untimely Testimony Designations, or Alternatively, for a Trial Continuance, or for an Order Shortening Time #76 PLAINTIFF'S SUPPLEMENTAL BRIEF IN OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION TO "PRECLUDE PLAINTIFF FROM OFFERING INTO EVIDENCE AT TRIAL UNTIMELY TESTIMONY DESIGNATIONS.." filed by Plaintiff Linares Jose. (Attachments: #1 Affidavit CERTIFICATE OF SERVICE)(Bennett, Vincent) |
| Filing 85 TRANSCRIPT ORDER as to Plaintiff, Jose Linares Linares Jose for Court Reporter. Court will contact Patricia Alamina at patricia@geklaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Bennett, Vincent) |
| Filing 84 MINUTES by Judge Jesus G. Bernal Order Re Pre-Trial Motions #21 , #23 , #24 , #25 , #27 , #28 (IN CHAMBERS): (see document image for further details). For the foregoing reasons, as well as those stated on the record during the pre-trial conference on September 11, 2017, the Court hereby ORDERS as follows: 1. Plaintiffs MIL No. 1 for an Order Precluding Any Evidence of Customs and Practice in the Industry is DENIED. 2. Plaintiffs MIL No. 3 for an Order Excluding Defendants Purported Compliance with Applicable Codes and Standards is DENIED. 3. Plaintiffs MIL No. 4 for an Order Precluding Any Evidence That It Was Hazardous to Place a Door on the Subject Forklift Because It Precluded Easy Egress in the Event of Dock-Off or Tip-Over Accidents is DENIED. 4. Plaintiffs MIL No. 5 for an Order Excluding Defendants Improper Experiments, Tests, and Simulations is DEFERRED to trial. 5. Crowns MIL No. 1 to Exclude the Testimony of Plaintiffs Expert Morris S. Farkas is DENIED. 6. Crowns MIL No. 2 to Limit the Testimony of Plaintiffs Expert John Brault is DENIED. IT IS SO ORDERED. (ad) |
| Filing 83 DECLARATION of Todd A. Cavanaugh in Opposition EX PARTE APPLICATION for Sanctions Against Defendant Crown Equipment Corporation for an Order precluding the testimony of Dion Johnson, Limiting the testimony of all defense experts, and for evidentiary and/or issue sanctiuons for abuse of the discov #71 filed by Defendant Crown Equipment Corporation. (Cavanaugh, Todd) |
| Filing 82 MINUTES OF Pretrial Conference held before Judge Jesus G. Bernal. The Court set time limits for trial. Motions in Limine were addressed on the record. The Court made rulings as stated on the record. Ex Parte Applications were addressed on the record. Plaintiff may file a supplemental brief, not to exceed five pages, by September 13, 2017. Defendant may file a reply, not to exceed five pages, by September 15, 2017. The Court ordered lead counsel for each side to meet and confer for one hour each day this week. Parties are to file a declaration signed under the penalty of perjury regarding their meeting. Mr. Cavanaugh is to file a declaration regarding the Johnson deposition by end of day on September 12, 2017. The Court continues the Pretrial Conference to September 18, 2017 at 11:00 a.m. (SEE ORDER FOR FURTHER DETAILS) Court Reporter: Adele C. Frazier. (iva) |
| Filing 81 NOTICE Defendant's Notice of Filing of Exhibit in Support of its Opposition to Plaintiff's Ex Parte Application for an Order Precluding the Testimony of Dion Johnson et al. (Docket No. 74) filed by defendant Crown Equipment Corporation. (Attachments: #1 Exhibit A)(White, Paul) |
| Filing 80 Plaintiff's List of Page and Line Designations from the Deposition Transcript Testimony of Harold Stammen (Attachments: #1 Exhibit Exh A tab attaching Harold Stammen transcript, #2 Supplement Harold Stammen transcript)(Bennett, Vincent) |
| Filing 79 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by defendant Crown Equipment Corporation.. (Cavanaugh, Todd) |
| Filing 78 Witness List filed by Plaintiff, Jose Linares Linares Jose.. (Bennett, Vincent) |
| Filing 77 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for to Preclude Plaintiff from Offering into Evidence at Trial Untimely Testimony Designations, or Alternatively, for a Trial Continuance, or for an Order Shortening Time #76 filed by Plaintiff Linares Jose. (Attachments: #1 Declaration Declaration of Roger L. Gordon, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E - Part 1, #7 Exhibit E - Part 2, #8 Exhibit E - Part 3)(Bennett, Vincent) |
| Filing 76 EX PARTE APPLICATION for Order for to Preclude Plaintiff from Offering into Evidence at Trial Untimely Testimony Designations, or Alternatively, for a Trial Continuance, or for an Order Shortening Time filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration of Paul C. White II in Support of Crown Equipment Corporation's Ex Parte Application, #2 Exhibit A to Paul C. White II Declaration re Ex Parte Application, #3 Proposed Order Granting Crown Equipment Corporation's Ex Parte Application) (Hua, Raymond) |
| Filing 75 REPLY Reply Brief to Defendant's Opposition To Plaintiff's Ex Parte Application EX PARTE APPLICATION for Sanctions Against Defendant Crown Equipment Corporation for an Order precluding the testimony of Dion Johnson, Limiting the testimony of all defense experts, and for evidentiary and/or issue sanctiuons for abuse of the discov #71 filed by Plaintiff Linares Jose. (Attachments: #1 Memorandum Plaintiff's Reply To Defendant's Opposition To His Ex Parte Application For An Order Precluding The Testimony Of Dion Johnson, Limiting The Testimony Of All Defense Experts, And For Evidentiary Sanctions, Or, In The Alternative, For An Order Shortening Time, #2 Affidavit Certificate Of Service)(Bennett, Vincent) |
| Filing 74 Opposition Opposition to Plaintiff's Ex Parte Application for Order Precluding the Testimony of Dion Johnson, Limiting the Testimony of All Defense Experts, and for Evidentiary and/or Issue Sanctions for Abuse of the Discovery Code and the Court's Discovery Cutoff Deadlines, or, in the Alternative, for an Order Shortening Time for a Motion to be Heard re: EX PARTE APPLICATION for Sanctions Against Defendant Crown Equipment Corporation for an Order precluding the testimony of Dion Johnson, Limiting the testimony of all defense experts, and for evidentiary and/or issue sanctiuons for abuse of the discov #71 filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration Todd A. Cavanaugh, #2 Exhibit A)(Cavanaugh, Todd) |
| Filing 73 Notice of Appearance or Withdrawal of Counsel: for attorney Raymond H Hua counsel for Defendant Crown Equipment Corporation. Adding Raymond H. Hua as counsel of record for Crown Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Crown Equipment Corporation. (Attorney Raymond H Hua added to party Crown Equipment Corporation(pty:dft))(Hua, Raymond) |
| Filing 72 Amendment to EX PARTE APPLICATION for Sanctions Against Defendant Crown Equipment Corporation for an Order precluding the testimony of Dion Johnson, Limiting the testimony of all defense experts, and for evidentiary and/or issue sanctiuons for abuse of the discov #71 filed by Plaintiff Linares Jose. (Attachments: #1 Affidavit Certificate of Service, #2 Supplement Request For Oral Argument)(Bennett, Vincent) |
| Filing 71 EX PARTE APPLICATION for Sanctions Against Defendant Crown Equipment Corporation for an Order precluding the testimony of Dion Johnson, Limiting the testimony of all defense experts, and for evidentiary and/or issue sanctiuons for abuse of the discovery code and the Court's discovery cut-off deadlines, or, in the alternative, for an order shortening time for a motion to be heard filed by PLAINTIFF Linares Jose. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Vincent Vallin Bennett, #3 Exhibit Exhibit A to the Declaration of Vincent Vallin Bennett, #4 Exhibit Exhibit B to the Declaration of Vincent Vallin Bennett, #5 Exhibit Exhibit C to the Declaration of Vincent Vallin Bennett, #6 Exhibit Exhibit D to the Declaration of Vincent Vallin Bennett, #7 Exhibit Exhibit E to the Declaration of Vincent Vallin Bennett, #8 Exhibit Exhibit F to the Declaration of Vincent Vallin Bennett, #9 Exhibit Exhibit G to the Declaration of Vincent Vallin Bennett, #10 Exhibit Exhibit H to the Declaration of Vincent Vallin Bennett, #11 Exhibit Exhibit I to the Declaration of Vincent Vallin Bennett, #12 Exhibit Exhibit J to the Declaration of Vincent Vallin Bennett, #13 Exhibit Exhibit K to the Declaration of Vincent Vallin Bennett, #14 Exhibit Exhibit L to the Declaration of Vincent Vallin Bennett, #15 Exhibit Exhibit M to the Declaration of Vincent Vallin Bennett, #16 Proposed Order Proposed Order) (Bennett, Vincent) |
| Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Joint Pretrial Conference Order #68 . 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. (ad) |
| Filing 69 CERTIFICATE OF SERVICE filed by defendant Crown Equipment Corporation, re Jury Verdict (Proposed) #55 , Voir Dire Questions (Proposed) #67 , Statement #58 , Exhibit List #65 , Objection #66 , Notice of Lodging Proposed Pretrial Order #68 served on August 28, 2017. (Cavanaugh, Todd) |
| Filing 68 NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Crown Equipment Corporation. (Cavanaugh, Todd) |
| Filing 67 Proposed Voir Dire Questions filed by defendant Crown Equipment Corporation.. (Cavanaugh, Todd) |
| Filing 66 OBJECTIONS to Exhibit List #65 to Plaintiff's Exhibits filed by Defendant Crown Equipment Corporation. (Cavanaugh, Todd) |
| Filing 65 Joint Supplemental Exhibit List filed by defendant Crown Equipment Corporation.. (Cavanaugh, Todd) |
| Filing 64 AFFIDAVIT by affiant: Patricia Alamina re Objection #62 , Objection #63 , Jury Instructions (Proposed) #60 , Statement #59 , Jury Verdict (Proposed) #57 , Voir Dire Questions (Proposed) #56 , Objection #61 CERTIFICATE OF SERVICE filed by Plaintiff Linares Jose (Bennett, Vincent) |
| Filing 63 OBJECTIONS to Jury Verdict (Proposed) #55 PLAINTIFF'S OBJECTIONS TO DEFENDANT'S PROPOSED VERDICT FORM filed by Plaintiff Linares Jose. (Bennett, Vincent) |
| Filing 62 OBJECTIONS to Witness List #46 PLAINTIFF'S OBJECTIONS TO THE ENTIRETY OF DEFENDANT'S WITNESS LIST filed by Plaintiff Linares Jose. (Bennett, Vincent) |
| Filing 61 OBJECTIONS to Exhibit List #53 PLAINTIFF'S OBJECTIONS TO DEFENDANT'S [PROP] EXHIBIT LIST filed by Plaintiff Linares Jose. (Bennett, Vincent) |
| Filing 60 PROPOSED JURY INSTRUCTIONS filed by JOINT LIST OF DISPUTED INSTRUCTIONS Linares Jose.. (Attachments: #1 Appendix Appendix of Disputed Instructions)(Bennett, Vincent) |
| Filing 59 STATEMENT Plaintiff's [Proposed] Statement of the Case filed by Plaintiff Linares Jose (Bennett, Vincent) |
| Filing 58 STATEMENT of the Case [Proposed] filed by Defendant Crown Equipment Corporation (Attachments: #1 Exhibit A)(Cavanaugh, Todd) |
| Filing 57 PROPOSED JURY VERDICT filed by Plaintiff, Jose Linares Linares Jose. (Bennett, Vincent) |
| Filing 56 Proposed Voir Dire Questions filed by Plaintiff, Jose Linares Linares Jose.. (Bennett, Vincent) |
| Filing 55 PROPOSED JURY VERDICT filed by defendant Crown Equipment Corporation. (Attachments: #1 Exhibit A)(Cavanaugh, Todd) |
| Filing 54 PROPOSED JURY INSTRUCTIONS (Clean set) filed by defendant Crown Equipment Corporation.. (Cavanaugh, Todd) |
| Filing 53 Joint Exhibit List filed by defendant Crown Equipment Corporation.. (Cavanaugh, Todd) |
| Filing 52 CERTIFICATE OF SERVICE filed by defendant Crown Equipment Corporation, re MEMORANDUM in Opposition to Motion, #49 , MEMORANDUM in Opposition to Motion, #51 , MEMORANDUM in Opposition to Motion, #47 , MEMORANDUM in Opposition to Motion, #48 , MEMORANDUM in Opposition to Motion, #50 served on August 21, 2017. (Cavanaugh, Todd) |
| Filing 51 MEMORANDUM in Opposition to First MOTION IN LIMINE MOTION IN LIMINE NO. 5 to Exclude Defendant's Improper "Experiments, Tests and Simulations" #25 filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration Todd A. Cavanaugh, #2 Exhibit A, #3 Exhibit B, #4 Declaration Chris Robles)(Cavanaugh, Todd) |
| Filing 50 MEMORANDUM in Opposition to First MOTION IN LIMINE MOTION IN LIMINE 4 to Preclude ANY EVIDENCE THAT IT WAS HAZARDOUS TO PLACE A DOOR ON THE SUBJECT FORKLIFT BECAUSE IT PRECLUDED EASY EGRESS IN THE EVENT OF "DOCK-OFF" OR "TIP-OVER" ACCIDENTS #24 filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration Todd A. Cavanaugh, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Cavanaugh, Todd) |
| Filing 49 MEMORANDUM in Opposition to First MOTION IN LIMINE No. 1 to Preclude Evidence of Customs and Practice in the Industry #21 filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration Todd A. Cavanaugh, #2 Exhibit A, #3 Exhibit B)(Cavanaugh, Todd) |
| Filing 48 MEMORANDUM in Opposition to First MOTION IN LIMINE MOTION IN LIMINE NO. 3 to Exclude Defendant's Purported Compliance with Applicable Codes and Standards #23 filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration Todd A. Cavanaugh, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Cavanaugh, Todd) |
| Filing 47 MEMORANDUM in Opposition to First MOTION IN LIMINE No. 2 to Exclude COLLATERAL SOURCE EVIDENCE #22 filed by Defendant Crown Equipment Corporation. (Attachments: #1 Declaration Todd A. Cavanaugh, #2 Exhibit A)(Cavanaugh, Todd) |
| Filing 46 Witness List filed by defendant Crown Equipment Corporation.. (Attachments: #1 Exhibit Trial Witness List)(Cavanaugh, Todd) |
| Filing 45 CERTIFICATE OF SERVICE filed by Plaintiff, Jose Linares Linares Jose, re Request for Judicial Notice,,, #42 , Memorandum of Contentions of Fact and Law #39 , Witness List #44 , MEMORANDUM in Opposition to Motion, #40 , Memorandum of Contentions of Fact and Law #43 , MEMORANDUM in Opposition to Motion #41 , MEMORANDUM in Opposition to Motion, #38 , MEMORANDUM in Opposition to Motion, #37 , MEMORANDUM in Opposition to Motion, #36 served on 08/21/2017. (Bennett, Vincent) |
| Filing 44 Witness List filed by Plaintiff, Jose Linares Linares Jose.. (Bennett, Vincent) |
| Filing 43 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff, Jose Linares Linares Jose. (Bennett, Vincent) |
| Filing 42 REQUEST FOR JUDICIAL NOTICE re First MOTION IN LIMINE No. 1 to Preclude Evidence of Customs and Practice in the Industry #21 , First MOTION IN LIMINE MOTION IN LIMINE NO. 3 to Exclude Defendant's Purported Compliance with Applicable Codes and Standards #23 , First MOTION IN LIMINE MOTION IN LIMINE NO. 5 to Exclude Defendant's Improper "Experiments, Tests and Simulations" #25 , First MOTION IN LIMINE MOTION IN LIMINE 4 to Preclude ANY EVIDENCE THAT IT WAS HAZARDOUS TO PLACE A DOOR ON THE SUBJECT FORKLIFT BECAUSE IT PRECLUDED EASY EGRESS IN THE EVENT OF "DOCK-OFF" OR "TIP-OVER" ACCIDENTS #24 filed by Plaintiff Linares Jose. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2)(Bennett, Vincent) |
| Filing 41 MEMORANDUM in Opposition to First MOTION IN LIMINE (#5) to Exclude Reference to other Specific Lawsuits, Claims or Incidents #30 filed by Plaintiff Linares Jose. (Bennett, Vincent) |
| Filing 40 MEMORANDUM in Opposition to First MOTION IN LIMINE (#4) to Exclude Testimony of Plaintiff's Expert William Phelps #31 filed by Plaintiff Linares Jose. (Attachments: #1 Declaration Vincent Vallin Bennett, #2 Exhibit Exh "A", #3 Exhibit Exh. B, #4 Exhibit Exh. C, #5 Exhibit Exh. D)(Bennett, Vincent) |
| Filing 39 MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendant Crown Equipment Corporation. (Cavanaugh, Todd) |
| Filing 38 MEMORANDUM in Opposition to First MOTION IN LIMINE (#3) to Exclude Testimony and Evidence re Diagnosis and Treatment and Future Medical Care #29 filed by Plaintiff Linares Jose. (Attachments: #1 Declaration Vincent Vallin Bennett, #2 Exhibit Exh "A", #3 Exhibit Exh "B", #4 Exhibit Exh. C)(Bennett, Vincent) |
| Filing 37 MEMORANDUM in Opposition to First MOTION IN LIMINE (#2) to Limit Testimony of Plaintiff's Expert John Brault #28 filed by Plaintiff Linares Jose. (Attachments: #1 Declaration Vincent Vallin Bennett, #2 Exhibit Exh. A, #3 Exhibit Exh. B, #4 Exhibit Exh. C)(Bennett, Vincent) |
| Filing 36 MEMORANDUM in Opposition to First MOTION IN LIMINE (#1) to Exclude Testimony of Plaintiff's Expert Morris S. Farkas #27 filed by Plaintiff Linares Jose. (Attachments: #1 Declaration Vincent Vallin Bennett, #2 Exhibit Exh. A, #3 Exhibit Exh. B)(Bennett, Vincent) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #34 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Proof of Service (subsequent documents). 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. (iva) |
| Filing 34 CERTIFICATE OF SERVICE filed by Defendant Crown Equipment Corporation re: First MOTION IN LIMINE (#3) to Exclude Testimony and Evidence re Diagnosis and Treatment and Future Medical Care #29 , First MOTION IN LIMINE (#5) to Exclude Reference to other Specific Lawsuits, Claims or Incidents #30 , First MOTION IN LIMINE (#4) to Exclude Testimony of Plaintiff's Expert William Phelps #31 , First MOTION IN LIMINE (#2) to Limit Testimony of Plaintiff's Expert John Brault #28 , Errata #33 , First MOTION IN LIMINE (#1) to Exclude Testimony of Plaintiff's Expert Morris S. Farkas #27 , Notice (Other) #32 (Cavanaugh, Todd) |
| Filing 33 NOTICE OF ERRATA filed by Defendant Crown Equipment Corporation. correcting First MOTION IN LIMINE (#1) to Exclude Testimony of Plaintiff's Expert Morris S. Farkas #27 (Attachments: #1 Exhibit 1)(Cavanaugh, Todd) |
| Filing 32 NOTICE Notice of Request for Oral Argument re Defendant Crown Equipment Corp.'s Motion in Limine Nos. 1 through 5 filed by defendant Crown Equipment Corporation. (Cavanaugh, Todd) |
| Filing 31 NOTICE OF MOTION AND First MOTION IN LIMINE (#4) to Exclude Testimony of Plaintiff's Expert William Phelps filed by defendant Crown Equipment Corporation. Motion set for hearing on 9/11/2017 at 11:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Todd Cavanaugh, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Cavanaugh, Todd) |
| Filing 30 NOTICE OF MOTION AND First MOTION IN LIMINE (#5) to Exclude Reference to other Specific Lawsuits, Claims or Incidents filed by defendant Crown Equipment Corporation. Motion set for hearing on 9/11/2017 at 11:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order)(Cavanaugh, Todd) |
| Filing 29 NOTICE OF MOTION AND First MOTION IN LIMINE (#3) to Exclude Testimony and Evidence re Diagnosis and Treatment and Future Medical Care filed by defendant Crown Equipment Corporation. Motion set for hearing on 9/11/2017 at 11:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Todd Cavanaugh, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Cavanaugh, Todd) |
| Filing 28 NOTICE OF MOTION AND First MOTION IN LIMINE (#2) to Limit Testimony of Plaintiff's Expert John Brault filed by defendant Crown Equipment Corporation. Motion set for hearing on 9/11/2017 at 11:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Todd Cavanaugh, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Cavanaugh, Todd) |
| Filing 27 NOTICE OF MOTION AND First MOTION IN LIMINE (#1) to Exclude Testimony of Plaintiff's Expert Morris S. Farkas filed by defendant Crown Equipment Corporation. Motion set for hearing on 9/11/2017 at 11:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Todd Cavanaugh, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Cavanaugh, Todd) |
| Filing 26 CERTIFICATE OF SERVICE filed by Plaintiff, Jose Linares Linares Jose, re First MOTION IN LIMINE No. 1 to Preclude Evidence of Customs and Practice in the Industry #21 , First MOTION IN LIMINE MOTION IN LIMINE NO. 3 to Exclude Defendant's Purported Compliance with Applicable Codes and Standards #23 , First MOTION IN LIMINE No. 2 to Exclude COLLATERAL SOURCE EVIDENCE #22 , First MOTION IN LIMINE MOTION IN LIMINE NO. 5 to Exclude Defendant's Improper "Experiments, Tests and Simulations" #25 , First MOTION IN LIMINE MOTION IN LIMINE 4 to Preclude ANY EVIDENCE THAT IT WAS HAZARDOUS TO PLACE A DOOR ON THE SUBJECT FORKLIFT BECAUSE IT PRECLUDED EASY EGRESS IN THE EVENT OF "DOCK-OFF" OR "TIP-OVER" ACCIDENTS #24 served on August 14, 2017. (Bennett, Vincent) |
| Filing 25 NOTICE OF MOTION AND First MOTION IN LIMINE MOTION IN LIMINE NO. 5 to Exclude Defendant's Improper "Experiments, Tests and Simulations" filed by Plaintiff, Jose Linares Linares Jose. Motion set for hearing on 9/11/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Declaration of Vincent Vallin Bennett, #2 Exhibit A-1, #3 Proposed Order [PROP] ORDER)(Bennett, Vincent) |
| Filing 24 NOTICE OF MOTION AND First MOTION IN LIMINE MOTION IN LIMINE 4 to Preclude ANY EVIDENCE THAT IT WAS HAZARDOUS TO PLACE A DOOR ON THE SUBJECT FORKLIFT BECAUSE IT PRECLUDED EASY EGRESS IN THE EVENT OF "DOCK-OFF" OR "TIP-OVER" ACCIDENTS filed by Plaintiff, Jose Linares Linares Jose. Motion set for hearing on 9/11/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Declaration of Vincent Vallin Bennett, #2 Exhibit Ex. A-1, #3 Proposed Order [PROP] ORDER)(Bennett, Vincent) |
| Filing 23 NOTICE OF MOTION AND First MOTION IN LIMINE MOTION IN LIMINE NO. 3 to Exclude Defendant's Purported Compliance with Applicable Codes and Standards filed by Plaintiff, Jose Linares Linares Jose. Motion set for hearing on 9/11/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Declaration of Vincent Vallin Bennett, #2 Exhibit A-1, #3 Proposed Order [PROP] ORDER)(Bennett, Vincent) |
| Filing 22 NOTICE OF MOTION AND First MOTION IN LIMINE No. 2 to Exclude COLLATERAL SOURCE EVIDENCE filed by Plaintiff, Jose Linares Linares Jose. Motion set for hearing on 9/11/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Declaration of Vincent Vallin Bennett, #2 Exhibit Exh. A-1, #3 Proposed Order [PROP] ORDER)(Bennett, Vincent) |
| Filing 21 NOTICE OF MOTION AND First MOTION IN LIMINE No. 1 to Preclude Evidence of Customs and Practice in the Industry filed by Plaintiff, Jose Linares Linares Jose. Motion set for hearing on 9/11/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration Declaration of Vincent Vallin Bennett, #2 Exhibit Exh "A", #3 Exhibit Exh A-1, #4 Exhibit Exh B, #5 Exhibit Exh C, #6 Exhibit Exh D, #7 Exhibit Exh E, #8 Proposed Order [PROP] ORDER)(Bennett, Vincent) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Todd A Cavanaugh counsel for Defendant Crown Equipment Corporation. Pejmon Dustin Bodaghi is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Crown Equipment Corporation. (Cavanaugh, Todd) |
| Filing 19 NOTICE OF LIEN Cardinal Health. (Vasquez, Davil) |
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Filing 18
STIPULATED PROTECTIVE ORDER FOR INSPECTION OF CARDINAL HEALTH'S PREMISES by Magistrate Judge Kenly Kiya Kato re REQUEST for Protective Order for Inspection of Cardinal Health's Premises #17 (dts)
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| Filing 17 REQUEST for Protective Order for Inspection of Cardinal Health's Premises Cardinal Health. (Attorney Joseph Luis Chairez added to party Cardinal Health(pty:bkmov))(Chairez, Joseph) |
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Filing 16
ORDER EXTENDING DEADLINES FOR INITIAL EXPERT DISCLOSURE, REBUTTAL EXPERT DISCLOSURE, AND ALL DISCOVERY CUT-OFF DATE by Judge Jesus G. Bernal Re #15 EX PARTE APPLICATION: IT IS HEREBY ORDERED that the dates/deadlines set forth in the Courts Civil Trial Scheduling Order (Doc. No. 11) are revised as follows: Initial Expert Disclosure: May 12, 2017; Rebuttal Expert Disclosure: June 2, 2017; All Discovery Cut-Off: June 30, 2017; All other dates and deadlines as set forth in the Courts Civil Trial Scheduling Order remain unchanged. SO ORDERED. (ad)
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| Filing 15 First EX PARTE APPLICATION for Order for To Extend Deadlines for Initial Expert Disclosure filed by Plaintiff, Jose Linares Linares Jose. (Attachments: #1 Declaration Declaration of Vincent Vallin Bennett, #2 Exhibit Exhibit "A" (Joint Stip.) to Decl. of Vincent Vallin Bennett, #3 Proposed Order Proposed Order, #4 Supplement Certificate of Service) (Bennett, Vincent) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Todd A Cavanaugh counsel for Defendant Crown Equipment Corporation. Adding Dustin Bodaghi as counsel of record for Crown Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant CROWN EQUIPMENT CORPORATION. (Cavanaugh, Todd) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Todd A Cavanaugh counsel for Defendant Crown Equipment Corporation. Adding Paul Christopher White II as counsel of record for Crown Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant CROWN EQUIPMENT CORPORATION. (Cavanaugh, Todd) |
| Filing 12 MINUTES OF Scheduling Conference held before Judge Jesus G. Bernal. The scheduling conference is held and a trial schedule is set. See separate trial scheduling order for more details. Court Reporter: Adele C. Frazier. (iva) |
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Filing 11
CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 12/19/2016. Discovery cut-off 5/1/2017. Motions due by 7/31/2017. Last date to conduct settlement conference is 6/12/2017 (Private Mediation). Final Pretrial Conference set for 9/11/2017 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 9/26/2017 at 09:00 AM before Judge Jesus G. Bernal. (wro)
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| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Defendant Crown Equipment Corporation.. (Cavanaugh, Todd) |
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Filing 9
ORDER by Judge Jesus G. Bernal: granting #8 REQUEST to Substitute Attorney. Added attorney Todd A Cavanaugh for Crown Equipment Corporation. Attorney George J Stephan terminated. (iva)
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| Filing 8 REQUEST to Substitute attorney Todd A. Cavanaugh in place of attorney George J. Stephan filed by defendant Crown Equipment Corporation. (Attachments: #1 Proposed Order) (Stephan, George) |
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Filing 7
ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 9/26/2016 at 11:00 AM before Judge Jesus G. Bernal. (wro)
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Filing 6
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (et) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Crown Equipment Corporation, Doe Aftermarket Parts Manufacturing Company, Doe Forklift Maintenance Company, Does 1 to 100., filed by Plaintiff Linares Jose. [FILED IN STATE COURT ON 4/21/2016 SUBMITTED ATTACHED TO EXHIBIT A-ITEM B TO NOTICE OF REMOVAL AS ATTACHMENT #2] (et) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Crown Equipment Corporation. [FILED IN STATE COURT ON 6/7/2016 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT #6](et) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Linares Jose, upon Defendant Crown Equipment Corporation served on 5/5/2016, answer due 5/26/2016. Service of the Summons and Complaint were executed upon Vivian Imperial in compliance with statute not specified by method of service not specified.Original Summons NOT returned. [FILED IN STATE COURT ON 5/13/2016 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT #13] (et) |
| Filing 3 NOTICE of Interested Parties filed by defendant Crown Equipment Corporation, identifying Crown Equipment Corporation. (Stephan, George) |
| Filing 2 CIVIL COVER SHEET filed by Movant Crown Equipment Corporation. (Stephan, George) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVDS1605922 Receipt No: 0973-18260389 - Fee: $400, filed by defendant Crown Equipment Corporation. (Attachments: #1 summons, #2 complaint, #3 notice of trial setting conference, #4 request for statement of damages, #5 plaintiff's statement of damages, #6 Crown's answer to complaint, #7 form interrogatories to Crown, #8 special interrogatories to Crown, #9 demand for production of documents to crown, #10 civil case cover sheet, #11 certificate of assignment, #12 peremptory challenge, #13 proof of service of summons) (Attorney George J Stephan added to party Crown Equipment Corporation(pty:bkmov))(Stephan, George) |
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