Albee v. Continental Tire North America, et al.
Plaintiff: Donald Hayes Albee
Defendant: Continental Tire North America and Ford Motor Company, Inc.
Case Number: 2:2009cv01145
Filed: February 19, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Edmund F. Brennan
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability

Available Case Documents

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Date Filed Document Text
December 6, 2012 Opinion or Order Filing 275 ORDER signed by Chief Judge Morrison C. England, Jr. on 12/6/2012 GRANTING 269 request to file settlement documents under seal. (Zignago, K.)
August 30, 2012 Opinion or Order Filing 261 ORDER signed by Judge Morrison C. England, Jr., on 8/30/12 GRANTING 260 Defendant Ford Motor Company's request to appear telephonically at the 9/20/12 motion to strike hearing. (Kastilahn, A)
June 13, 2012 Opinion or Order Filing 257 ORDER signed by Judge Morrison C. England, Jr., on 6/13/12 ORDERING that 256 the parties' stipulation to reopen discovery for the limited purpose of deposing one or more representatives of the Veteran's Administration re the lien asserted by the Veteran's Administration for rehabilitation care provided to Donald Hayes Albee is APPROVED. (Kastilahn, A)
July 25, 2011 Opinion or Order Filing 254 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/25/2011 GRANTING in part and DENYING in part 243 Motion to Intervene. (Michel, G)
May 26, 2011 Opinion or Order Filing 239 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/26/2011 ORDERING that CTNA's 222 Motion for Sanctions and each party's request for expenses related to the motion are DENIED. (Zignago, K.)
May 11, 2011 Opinion or Order Filing 225 PRETRIAL SCHEDULING ORDER signed by Judge Morrison C. England, Jr on 5/10/11 ORDERING Final Pretrial Conference RE-SET for 11/15/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr..; Jury Trial SET for 1/7/2013 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr..(Carlos, K)
May 2, 2011 Opinion or Order Filing 221 ORDER granting 204 REQUEST to file exhibits under seal signed by Senior Judge Lawrence K. Karlton on 5/2/11: Continental shall submit the sealed documents to the Clerk of Court pursuant to L.R. 141(e)(2)(i). (Kaminski, H)
April 22, 2011 Opinion or Order Filing 202 ORDER signed by Senior Judge Lawrence K. Karlton on 4/22/11 ORDERING that a hearing on this matter is to be held as scheduled for 5/9/11 at 10:00 a.m. before the Honorable Lawrence K. Karlton in Courtroom 4 of this Court located at 501 "I" Street, Sacramento, California in which the Veteran's Administrationand its representatives and/or counsel shall explain the calculation of and reasonableness of the amounts claimed by the Veteran's Administration, related to treatment prov ided to Plaintiff Donald H. Albee. Plaintiff shall serve and subpoena the appropriate parties with the Veteran's Administration by 4/27/11. If plaintiff is unable to do so by this date, he shall notify the court and the hearing will be continued. (Becknal, R)
April 19, 2011 Opinion or Order Filing 199 STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 04/18/11 ORDERING that any judgment entered herein against CTNA shall be deemed to be a judgment against Continental Tire the Americas, LLC, an Ohio Limited LiabilityCompany. (Benson, A.)
March 17, 2011 Opinion or Order Filing 187 ORDER signed by Senior Judge Lawrence K. Karlton on 3/16/2011 ORDERING 176 Plaintiff's motion for reconsideration, is GRANTED in PART and DENIED in PART; Plaintiff SHALL pay defendant CTNA $2,331.58 within 30 days of the issuance of this order. (Reader, L)
March 16, 2011 Opinion or Order Filing 185 ORDER signed by Senior Judge Lawrence K. Karlton on 3/15/2011 ORDERING 184 Pretrial Conference reset for 4/11/2011 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; all other dates remain unchanged. (Reader, L)
January 21, 2011 Opinion or Order Filing 173 ORDER signed by Senior Judge Lawrence K. Karlton on 01/21/11 ORDERING that: dft Ford Motor Co.'s 146 Motion for Summary Judgment is DENIED; plf's 147 Motion to Amend the Complaint is GRANTED; dft CTNA's 148 , 149 Motions to Excl ude plf's retained experts are DENIED; dft CTNA's 165 Motion for Sanctions is GRANTED IN PART and DENIED IN PART. CTNA shall, w/i 14 days, file an affidavit in support of its Motion for Sanctions that complies with this order. Within 14 days of the filing of dft's affidavit, plf shall file a response. (Benson, A.)
December 23, 2010 Opinion or Order Filing 166 ORDER signed by Senior Judge Lawrence K. Karlton on 12/22/10 ORDERING that: 1) pgs 18 & 19 of Pltf's Opposition to Deft's Motion to Exclude expert Troy Cottles are to be SEALED until further order of this court; 2) Pltf is ordered to file a new request to seal the above referenced documents, stating the basis for sealing within fourteen (14) days of the issuance of this order; 3) pgs 41, 70-72, 139, 142, 149, 150, 151, 170, 194, 195, 197, and 198 of the Deposition of Troy Cottles, and pg 29 of the Deposition of James D. Gardner are to be temporarily SEALED until further order of this court; 4) Pltf is ORDERED to file a request to seal the above referenced documents, stating the basis for the sealing, within fourteen (14) days of the issuance of this order. (Owen, K)
December 10, 2010 Opinion or Order Filing 161 ORDER signed by Senior Judge Lawrence K. Karlton on 12/9/10 ORDERING that oral argument on Pltf's 147 Motion to Amend is unnecessary and the 12/20/10 hearing is VACATED. Furthermore, the 12/20/10 hearing re Defts' 146 Motion for Summary Judgment and 148 , 149 Motions to Exclude Expert Witnesses is CONTINUED to 1/18/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Owen, K)
December 1, 2010 Opinion or Order Filing 151 ORDER signed by Senior Judge Lawrence K. Karlton on 11/30/10, ORDERING that the Court tentatively GRANTS dft Continental's application 150 to seal Exhibit A to its motion to exclude pltf's retained expert, Troy Cottles. The Court will revisit whether these documents should be permanently sealed at a later time, when it is possible to perform the fact specific analysis required by Foltz.(Kastilahn, A)
October 13, 2010 Opinion or Order Filing 140 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/13/10 ORDERING that CTNA's 130 motion for a protective order is GRANTED IN PART and DENIED IN PART and plf's related request for sanctions is DENIED. CTNA's 132 request to s eal the joint statement regarding the motion for a protective order, along with the supporting exhibits is GRANTED. The Clerk shall file those documents under SEAL. Plaintiff's 131 application to file plf's response to CTNA's 06/22 /10 proposed supplemental filing regarding CTNA's 05/24/10 motion for a protective order is DENIED. The Clerk shall return to plf's counsel all copies of that document that were submitted to the undersigned's chambers. The Clerk shall return to CTNA's counsel all copies of the joint statement in support of the 111 05/24/10 that were submitted to the undersigned's chambers. The Clerk shall also return to CTNA's counsel all copies of CTNA's 06/22/10 proposed supplemental filing in support of the 117 05/24/10 motion. (Benson, A.)
October 12, 2010 Opinion or Order Filing 139 STIPULATION and ORDER for the dismissal of Plaintiff's Claim for punitive damages against Defendant Continental Tire North America, Inc. signed by Senior Judge Lawrence K. Karlton on 10/12/10. (Mena-Sanchez, L)
October 8, 2010 Opinion or Order Filing 138 ORDER deeming 133 Motion to Compel withdrawn and vacating hearing. Signed by Magistrate Judge Edmund F. Brennan on 10/8/10. (Hinkle, T)
July 13, 2010 Opinion or Order Filing 125 ORDER signed by Senior Judge Lawrence K. Karlton on 7/13/2010 ORDERING that the 30 scheduling order is AMENDED as follows: All discovery shall be conducted so as to be completed no later than October 30, 2010. All Law and Motion matters shall be filed so as to be heard no later than January 4, 2011. The final pretrial conference is set for April 4, 2011 at 2:30 p.m. The jury trial is estimated for fifteen days, and is set for July 6, 2011. (Duong, D)
July 1, 2010 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/1/10 DENYING 108 Motion for Protective Order without prejudice. If the district judge grants a continuance of the discovery deadline, the motion may be re-noticed.(Donati, J)
June 22, 2010 Opinion or Order Filing 116 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/22/2010. Defendant Continental Tire North America's (CTNA) 108 Motion for Protective Order Hearing is CONTINUED to 7/7/2010 at 10:00 AM in Courtroom 24 (EFB). On or before 6/30/2010, CTNA shall file either and explanation of Judge Brennan's authority to hear Protective Order Motion or request to Judge Karlton for continuance of discovery deadline. (Marciel, M)
June 18, 2010 Opinion or Order Filing 112 ORDER GRANTING Plaintiff's Application for Extension of time signed by Senior Judge Lawrence K. Karlton on 6/18/10. Plaintiff Donald Albee now has up to and including seven (7) days from delivery of Defendant Continental Tire North America, Inc. documents or 6/28/10 to file a Modification to the Scheduling Order.(Mena-Sanchez, L)
April 27, 2010 Opinion or Order Filing 105 ORDER signed by Senior Judge Lawrence K. Karlton on 04/27/10 ORDERING that Continental's 98 Motion for Reconsideration is DENIED. Continental SHALL produce the ordered discovery w/i 21 days; plf SHALL file a proposed modification of the scheduling order w/i 7 days thereafter. (Benson, A.)
April 12, 2010 Opinion or Order Filing 102 ORDER signed by Senior Judge Lawrence K. Karlton on 4/9/2010 re 98 ORDERING that Defendant CTNA's application shall be heard on 4/26/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Defendant CTNA may file a reply, if any, seven (7) days prior to the hearing. (Duong, D)
April 8, 2010 Opinion or Order Filing 101 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/08/10 ORDERING that, due to the pending 98 Motion for Reconsideration, plf's 99 Motion to Enforce the Discovery Order is DENIED w/o prejudice. After a ruling from the district judge, plf may re-file the motion if necessary. (Benson, A.)
March 1, 2010 Opinion or Order Filing 85 ORDER signed by Senior Judge Lawrence K. Karlton on 3/1/10 MODIFYING the scheduling order as follows: all discovery due by 6/7/10; expert designations due by 4/5/10; law and motion matters due by 7/7/10; final pretrial conference set for 10/12/10 at 2:00; jury trial set for 1/11/11. (Owen, K)
February 19, 2010 Opinion or Order Filing 74 ORDER re: 70 Stipulated Protective Order, signed by Magistrate Judge Edmund F. Brennan on 2/19/2010. (Kastilahn, A)
January 29, 2010 Opinion or Order Filing 62 PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/2010 re 60 ORDERING that the foregoing stipulated protective order is approved as modified. Ford Motor Company's 45 Motion for a Protective Order is deemed withdrawn and the February 3, 2010 hearing on that motion is vacated.(Duong, D)
August 24, 2009 Opinion or Order Filing 39 PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 08/24/09. (Benson, A.)
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Plaintiff: Donald Hayes Albee
Represented By: W. Randolph Barnhart, PHV
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Defendant: Continental Tire North America
Represented By: Bret R. Henry
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Defendant: Ford Motor Company, Inc.
Represented By: Alina Amarkarian
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