George Tershakovec, et al v. Ford Motor Company, Inc.
| GEORGE TERSHAKOVEC, DIANA TERSHAKOVEC, JACQUES RIMOKH, HERBERT ALLEY, individually and on behalf of all others similarly situated, MICHAEL DELAGARZA, ATTILA GONDAN, ERIC KAMPERMAN, GREG ROBERTS, RICHARD KOWALCHIK, TRAVIS MCRAE, MICHAEL MCCURRY, MARK HOCHSPRUNG, JOHN AUBREY, JOSE CRUZ, ERIC EVANS, BYRON HARPER, TODD NEWTON, WAYNE LINN, STEPHEN KELLY, JILL KELLY, FRANK PORTER, ERNESTO LARIOS, SHAUNTI YANIK-LARIOS and JOSH LONG |
| FORD MOTOR COMPANY, INC. |
| CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, AMERICAN TORT REFORM ASSOCIATION, THE PRODUCT LIABILITY ADVISORY COUNCIL, INC. and ALLIANCE FOR AUTOMOTIVE INNOVATION |
| SERVICE |
| 22-10575 |
| February 28, 2022 |
| U.S. Court of Appeals, Eleventh Circuit |
| Motor Vehicle Product Liability |
Opinions
We have the following opinions for this case:
| Description |
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 George Tershakovec, et al v. Ford Motor Company, Inc.
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Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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Filing 70
RECORD RETURNED. One Folder of Exhibits returned to District Court. [Entered: 09/07/2023 10:16 AM]
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Filing 69
Mandate issued as to Appellant F. [Entered: 09/07/2023 08:20 AM]
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Filing 68
ORDER: The Petition for Rehearing En Banc is DENIED, no judge in regular active service on the Court having requested that the Court be polled on rehearing en banc. FRAP 35. The Petition for Panel Rehearing also is DENIED. FRAP 40. [68] [Entered: 08/30/2023 02:10 PM]
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Filing 67
Petition for rehearing en banc (with panel rehearing) filed by Appellant F. [22-10575] (ECF: John Beisner) [Entered: 07/28/2023 12:20 PM]
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Filing 66
Judgment entered as to Appellant F. [Entered: 07/07/2023 11:47 AM]
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Filing 65
Opinion issued by court as to Appellant F. Decision: Affirmed in part, Reversed in part and Remanded. Opinion type: Published. Opinion method: Signed. Motion to dismiss appeal for lack of subject matter jurisdiction filed by Appellees Greg Roberts, Eric Evans, Stephen Kelly, George Tershakovec, Diana Tershakovec, Herbert Alley, Attila Gondan, Eric Kamperman, Jacques Rimokh, Richard Kowalchik, Travis Mcrae, Mark Hochsprung, John Aubrey, Byron Harper, Todd Newton, Jill Kelly, Frank Porter, Ernesto Larios, Shaunti Yanik-Larios and Josh Long is DENIED. [ # 38 ]. (See 07/07/2023 opinion)(KCN/RJL/GBT) The opinion is also available through the Court's Opinions page at this link # http://www.ca11.uscourts.gov/opinions .--[Edited 07/07/2023 by DHC] (Opinion corrected on 7/14/2023.)--[Edited 07/14/2023 by JRP] [Entered: 07/07/2023 11:37 AM]
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Filing 64
Oral argument held this date. Oral Argument presented by John H. Beisner for Appellant F and Steve Berman for Appellees Greg Roberts, Eric Evans, Stephen Kelly, George Tershakovec, Diana Tershakovec, Herbert Alley, Attila Gondan, Eric Kamperman, Jacques Rimokh, Richard Kowalchik, Travis Mcrae, Mark Hochsprung, John Aubrey, Byron Harper, Todd Newton, Jill Kelly, Frank Porter, Ernesto Larios, Shaunti Yanik-Larios and Josh Long. [Entered: 12/16/2022 11:33 AM]
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Filing 63
Appearance of Counsel filed by Attorney Rachel W. Furst for Appellees Herbert Alley, John Aubrey, Jose Cruz, Michael Delagarza, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Wayne Linn, Josh Long, Michael McCurry, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. [22-10575] (ECF: Rachel Furst) [Entered: 11/16/2022 11:23 AM]
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Oral argument scheduled. Argument Date: Friday, 12/16/2022 Argument Location: Atlanta Courtroom: Atlanta 338. [Entered: 10/17/2022 08:50 AM]
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Attorney John H. Beisner for Appellant F hereby acknowledges receipt of a copy of the printed calendar for 12/16/2022. John H. Beisner; (202) 371-7410 will present argument. [22-10575] (ECF: John Beisner) [Entered: 10/17/2022 08:39 PM]
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Attorney Steve Berman for Appellees Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios hereby acknowledges receipt of a copy of the printed calendar for 10/14/2022. Steve W. Berman; (206) 623-7292 will present argument. [22-10575] (ECF: Steve Berman) [Entered: 10/14/2022 06:20 PM]
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Calendar issued as to cases to be orally argued the week of 12/12/2022 in Atlanta, Georgia. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF (a document upload is not required). [Entered: 10/14/2022 11:51 AM]
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Additional 3 copies of Supplemental Appendix received from John H. Beisner for F and forwarded to the record room. (4 VOLUMES - 3 COPIES (ALL INSIDE 1 BOX) [Entered: 09/08/2022 08:26 AM]
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Additional 3 copies of Appendix received from John H. Beisner for F and forwarded to the record room (7 VOLUMES - 3 COPIES (ALL INSIDE 2 BOX). [Entered: 09/08/2022 08:31 AM]
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Additional 3 copies of Appellant Brief received from John H. Beisner for F and forwarded to the record room. [Entered: 09/08/2022 09:07 AM]
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Additional 3 copies of Reply Brief received from John H. Beisner for F and forwarded to the record room. [Entered: 09/08/2022 09:09 AM]
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Additional 3 copies of Appellee Brief received from Steve Berman for Greg Roberts, Eric Evans, Stephen Kelly, George Tershakovec, Diana Tershakovec, Herbert Alley, Attila Gondan, Eric Kamperman, Jacques Rimokh, Richard Kowalchik, Travis Mcrae, Mark Hochsprung, John Aubrey, Byron Harper, Todd Newton, Jill Kelly, Frank Porter, Ernesto Larios, Shaunti Yanik-Larios and Josh Long and forwarded to the record room. [Entered: 09/06/2022 02:23 PM]
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Additional 3 copies of Supplemental Appendix received from Steve Berman for Greg Roberts, Eric Evans, Stephen Kelly, George Tershakovec, Diana Tershakovec, Herbert Alley, Attila Gondan, Eric Kamperman, Jacques Rimokh, Richard Kowalchik, Travis Mcrae, Mark Hochsprung, John Aubrey, Byron Harper, Todd Newton, Jill Kelly, Frank Porter, Ernesto Larios, Shaunti Yanik-Larios and Josh Long and forwarded to the record room. (5 VOLUMES - 3 COPIES) [Entered: 09/06/2022 02:26 PM]
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Assigned to tentative calendar number 6 in Atlanta during the week of December 12, 2022. You must file an additional 3 identical paper copies of the briefs and appendices within 7 days of the date of this notice, unless you previously provided the additional copies. [Entered: 08/31/2022 05:22 PM]
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Received paper copies of EAppendix filed by Appellant F. 4 VOLUMES - 2 COPIES [Entered: 08/26/2022 04:29 PM]
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SUPPLEMENTAL Appendix filed [4 VOLUMES] by Appellant F. [22-10575] (ECF: John Beisner) [Entered: 08/25/2022 11:48 AM]
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Received 4 paper copies of EBrief, filed by Appellant F. [Entered: 08/22/2022 02:46 PM]
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Reply Brief filed by Appellant F. [22-10575] (ECF: John Beisner) [Entered: 08/19/2022 01:44 PM]
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Over the phone extension granted by clerk as to Attorney John H. Beisner for Appellant F. Reply Brief due on 08/31/2022. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 08/01/2022 10:51 AM]
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ORDER: Appellees Motion to Dismiss Ford Motor Companys Appeal as Improvidently Granted is CARRIED WITH THE CASE. [ # 9680959-2 ] AJ, JP and BL (See attached order for complete text) [Entered: 07/28/2022 08:22 AM]
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Received paper copies of EAppendix filed by Appellees Herbert Alley, John Aubrey, Jose Cruz, Michael Delagarza, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Wayne Linn, Josh Long, Michael McCurry, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. 5 VOLUMES - 2 COPIES [Entered: 07/18/2022 09:26 AM]
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Received 4 paper copies of EBrief, filed by Appellees Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. [Entered: 07/13/2022 11:08 AM]
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Supplemental Appendix [5 VOLUMES] filed by Appellees Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. [22-10575] (ECF: Steve Berman) [Entered: 07/13/2022 05:37 PM]
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Appellee's Brief filed by Appellees Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. [22-10575] (ECF: Steve Berman) [Entered: 07/11/2022 08:18 PM]
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Reply to response filed by Appellees Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. [22-10575] (ECF: Steve Berman) [Entered: 06/13/2022 10:08 PM]
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RESPONSE to to dismiss appeal for lack of subject matter jurisdiction filed by Appellees Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios [ # 9680959-2 ] filed by Attorney John H. Beisner for Appellant F. [22-10575] (ECF: John Beisner) [Entered: 06/06/2022 09:24 PM]
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NOTICE OF CIP FILING DEFICIENCY to Brian Ercole for Alliance for Automotive Innovation and Service. You are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol Certificate of Interested Persons (CIP) via the Court's public web-page. Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 06/02/2022 09:47 AM]
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MOTION to dismiss appeal for lack of subject matter jurisdiction. filed by Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. Opposition to Motion is Unknown. [9680959-1] [22-10575] (ECF: Steve Berman) [Entered: 05/27/2022 02:51 PM]
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Received 4 paper copies of EBrief, filed by Amicus Curiae Alliance for Automotive Innovation. [Entered: 05/20/2022 02:51 PM]
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Received 4 paper copies of EBrief, filed by Amicus Curiae The Product Liability Advisory Council, Inc.. [Entered: 05/20/2022 02:52 PM]
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Received 4 paper copies of EBrief, filed by Amici Curiae American Tort Reform Association and Chamber of Commerce of the United States of America. [Entered: 05/20/2022 02:52 PM]
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APPEARANCE of Counsel Form filed by Jeffrey A. Cohen for Amicus Curiae, The Product Liability Advisory Council, Inc. [22-10575] (ECF: Jeffrey Cohen) [Entered: 05/18/2022 05:23 PM]
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Amicus Brief as of right or by consent of the parties filed by Brian D. Schmalzbach for Chamber of Commerce of the United States of America and American Tort Reform Association. [22-10575] (ECF: Brian Schmalzbach) [Entered: 05/18/2022 11:49 AM]
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Received paper copies of EAppendix filed by Appellant F. 7 VOLUMES - 2 COPIES [Entered: 05/18/2022 11:10 AM]
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APPEARANCE of Counsel Form filed by D. Matthew Allen for Amicus Curiae, The Product Liability Advisory Council, Inc. [22-10575] (ECF: David Allen) [Entered: 05/18/2022 05:28 PM]
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APPEARANCE of Counsel Form filed by Brian D. Schmalzbach for Chamber of Commerce of the United States of America and American Tort Reform Association [22-10575] (ECF: Brian Schmalzbach) [Entered: 05/18/2022 11:25 AM]
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Amicus Brief as of right or by consent of the parties filed by The Product Liability Advisory Council, Inc.. [22-10575] (ECF: Jeffrey Cohen) [Entered: 05/18/2022 05:40 PM]
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APPEARANCE of Counsel Form filed by Brian M. Ercole; Alliance for Automotive Innovation [22-10575] (ECF: Brian Ercole) [Entered: 05/18/2022 07:30 PM]
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Amicus Brief as of right or by consent of the parties filed by Brian M. Ercole for Alliance for Automotive Innovation. [22-10575] (ECF: Brian Ercole) [Entered: 05/18/2022 07:32 PM]
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Appendix filed [Seven Volumes VOLUMES] by Appellant F. [22-10575] (ECF: John Beisner) [Entered: 05/17/2022 01:39 PM]
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Certificate of Readiness filed as to Appellant F. [Entered: 05/18/2022 11:27 AM]
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Record on Appeal filed. Exhibits, 1 Folder (w/ D.E. #145, 1 CD) [Entered: 05/18/2022 11:28 AM]
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Received 4 paper copies of EBrief, filed by Appellant F. [Entered: 05/12/2022 10:26 AM]
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Appellees' brief is currently due on 06/10/2022. Over the phone 30 day extension granted by clerk as to Attorney Catherine Gannon for Appellees Eric Evans, Stephen Kelly, George Tershakovec, Diana Tershakovec, Herbert Alley, Attila Gondan, Eric Kamperman, Jacques Rimokh, John Aubrey, Byron Harper, Todd Newton, Jill Kelly, Frank Porter, Ernesto Larios, Shaunti Yanik-Larios and Josh Long. Appellees' brief is now due on 07/11/2022. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 05/12/2022 03:25 PM]
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Appellant's brief filed by F. [22-10575] (ECF: John Beisner) [Entered: 05/11/2022 04:07 PM]
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Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 04/12/2022 05:34 PM]
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ORDER: Before the Court is Ford Motor Companys emergency motion for stay of certain district court proceedings pending resolution of its Rule 23(f) appeal. On March 25, 2022, the Court issued an order holding the motion in abeyance and temporarily granting a stay of the proceedings below through April 1, 2022. The Court now GRANTS, in part, Fords motion for a stay as to the deadline for the mailing of class notice as set out in the district courts January 25, 2022, order. The deadline for mailing class notice is stayed as to the certified classes set out in the Courts order granting Ford permission to appeal in Case No. 21-90019. In all other respects, Fords motion for a stay is DENIED. [ # 9628184-2 ] AJ and RJL (See attached order for complete text) [Entered: 04/01/2022 02:12 PM]
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RESPONSE to Motion filed by Appellant F [ # 9628184-2 ] filed by Attorney Steve Berman for Appellees Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. [22-10575] (ECF: Steve Berman) [Entered: 03/25/2022 09:54 AM]
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ORDER: Before the Court is Ford Motor Companys Emergency Motion for Stay of District Court Proceedings Pending Resolution of Appeal. Appellants motion is HELD IN ABEYANCE. A stay of the proceedings below is TEMPORARILY GRANTED through Friday, April 1, 2022. ENTERED FOR THE COURT - BY DIRECTION [ # 9628184-2 ]; [ # 9628184-2 ] (See attached order for complete text) [Entered: 03/25/2022 05:27 PM]
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EMERGENCY MOTION to stay lower court proceedings filed by F. Motion is Opposed. [9628184-1] [22-10575] (ECF: John Beisner) [Entered: 03/24/2022 01:44 PM]
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Notice to Parties: Appellees are directed to file a response to Appellants motion for stay pending appeal by 10:00 am Eastern on Friday, March 25, 2022. [Entered: 03/24/2022 06:32 PM]
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Plaintiffs-Appellees' Notice of Filing of Emergency Motion to Extend Deadline to Distribute Class Notice filed by Attorney Steve Berman for Appellees Herbert Alley, John Aubrey, Eric Evans, Attila Gondan, Byron Harper, Mark Hochsprung, Eric Kamperman, Jill Kelly, Stephen Kelly, Richard Kowalchik, Ernesto Larios, Josh Long, Travis Mcrae, Todd Newton, Frank Porter, Jacques Rimokh, Greg Roberts, Diana Tershakovec, George Tershakovec and Shaunti Yanik-Larios. [22-10575] (ECF: Steve Berman) [Entered: 03/24/2022 07:47 PM]
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Appellant's brief is currently due on 04/11/2022. Over the phone 30 day extension granted by clerk as to Attorney John H. Beisner for Appellant F. Appellant's brief is now due on 05/11/2022; Appendix due on 05/18/2022 as to Appellant Ford Motor Company, Inc. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 03/16/2022 02:57 PM]
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Appellate fee was paid on 03/09/2022 as to Appellant F. [Entered: 03/15/2022 10:11 AM]
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Briefing Notice issued to Appellant Ford Motor Company, Inc.. The appellant's brief is due on or before 04/11/2022. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 03/15/2022 10:55 AM]
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Certificate of Interested Persons and Corporate Disclosure Statement filed by Steve W. Berman for Plaintiffs-Appellees. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-10575] (ECF: Steve Berman) [Entered: 03/15/2022 06:13 PM]
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Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney John H. Beisner for Appellant F. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-10575] (ECF: John Beisner) [Entered: 03/14/2022 04:49 PM]
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APPEARANCE of Counsel Form filed by John H. Beisner for F. [22-10575] (ECF: John Beisner) [Entered: 03/14/2022 04:43 PM]
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TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney John H. Beisner for Appellant F. All necessary transcript(s) are on file. [22-10575] (ECF: John Beisner) [Entered: 03/14/2022 04:53 PM]
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APPEARANCE of Counsel Form filed by Jessica D. Miller for Appellant Ford Motor Company [22-10575] (ECF: Jessica Miller) [Entered: 03/14/2022 05:06 PM]
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APPEARANCE of Counsel Form filed by Geoffrey M. Wyatt for Appellant Ford Motor Company [22-10575] (ECF: Geoffrey Wyatt) [Entered: 03/14/2022 05:08 PM]
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Civil Appeal Statement filed by Attorney John H. Beisner for Appellant F. [22-10575] (ECF: John Beisner) [Entered: 03/14/2022 06:21 PM]
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APPEARANCE of Counsel Form filed by Steve W. Berman for Herbert Alley, Jacques Rimokh, Diana Tershakovec and George Tershakovec. [22-10575] (ECF: Steve Berman) [Entered: 03/07/2022 02:00 PM]
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APPEARANCE of Counsel Form filed by Catherine Gannon for Herbert Alley, Jacques Rimokh, Diana Tershakovec and George Tershakovec. [22-10575] (ECF: Catherine Gannon) [Entered: 03/07/2022 02:26 PM]
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CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Ford Motor Company, Inc. on 02/28/2022. Fee Status: Fee Not Paid. Awaiting Appellant's Certificate of Interested Persons due on or before 03/14/2022 as to Appellant Ford Motor Company, Inc.. Awaiting Appellee's Certificate of Interested Persons due on or before 03/28/2022 as to Appellee Herbert Alley--[Edited 03/01/2022 by GMP] [Entered: 02/28/2022 02:27 PM]
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