Bayshore Ford Truck Sales, Inc, et al v. Ford Motor Company
| BAYSHORE FORD TRUCK SALES INC, a Delaware corporation, MOTOR CITY FORD TRUCKS INC, a Delaware corporation, COLONY FORD TRUCK CENTER INC, a Rhode Island corporation, individually and on behalf of all others similarly situated., BADGER TRUCK CENTER INC, BOYER FORD TRUCK SALES INC, BOYER FORD TRUCKS SIOUX FALLS INC, CARMENITA FORD TRUCK SALES INC, COLONIAL FORD TRUCK SALES INC, COLONIAL TRUCKS OF TIDEWATER INC, FREEWAY FORD TRUCK SALES INC and WEST GATE FORD TRUCK SALES INC |
| FORD MOTOR CO |
| 12-4342 |
| November 29, 2012 |
| U.S. Court of Appeals, Third Circuit |
| Other Contract Actions |
Docket Report
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| NOTICE of U.S. Supreme Court disposition at No. 13-886. Petition for Writ of Ceriorari filed by Badger Truck Center Inc denied on 03/31/2014. (CRG) [Entered: 04/03/2014 10:47 AM] |
| NOTICE from U.S. Supreme Court. Petition for Writ of Certiorari filed by Badger Truck Center Inc on 01/22/2014. Supreme Court Case No. 13-886. (MGD) [Entered: 01/29/2014 11:16 AM] |
| U.S. Supreme Court Letter dated 12/19/2013 granting Appellee Boyer Ford Truck Sales Inc an extension of time to and including 01/22/2014 to file petition for writ of certiorari. Supreme Court Application No. 13A613. (CRG) [Entered: 12/23/2013 03:05 PM] |
| MANDATE ISSUED., filed. (DW) [Entered: 10/02/2013 08:15 AM] |
ORDER (MCKEE, Chief Judge, RENDELL, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ and *ROTH, Circuit Judges) denying Petition En Banc and Panel Rehearing filed by Appellees Motor City Ford Trucks Inc, Bayshore Ford Truck Sales Inc, Colony Ford Truck Center Inc, Badger Truck Center Inc, Boyer Ford Truck Sales Inc, Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales Inc, Colonial Ford Truck Sales Inc, Colonial Trucks of Tidewater Inc, Freeway Ford Truck Sales Inc and West Gate Ford Truck Sales Inc., filed. ROTH, Authoring Judge. *Judge Roth's vote is limited to panel rehearing only. (DW) [Entered: 09/24/2013 03:25 PM]
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| ECF FILER: Petition filed by Appellees Badger Truck Center Inc, Bayshore Ford Truck Sales Inc, Boyer Ford Truck Sales Inc, Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales Inc, Colonial Ford Truck Sales Inc, Colonial Trucks of Tidewater Inc, Colony Ford Truck Center Inc, Freeway Ford Truck Sales Inc, Motor City Ford Trucks Inc and West Gate Ford Truck Sales Inc for Rehearing before original panel and the court en banc. Certificate of Service dated 09/09/2013. (JPU) [Entered: 09/09/2013 03:12 PM] |
| ECF FILER: BILL OF COSTS filed on behalf of Appellant Ford Motor Co. Certificate of Service dated 09/09/2013. (CTH) [Entered: 09/09/2013 07:38 PM] |
| JUDGMENT, Reversed. Costs taxed against Appellees. (to correct the date of 08/26/2013 on judgment , resent NDA)--[Edited 08/26/2013 by DW] (DW) [Entered: 08/26/2013 08:48 AM] |
| NOT PRECEDENTIAL OPINION Coram: RENDELL, SMITH and ROTH, Circuit Judges. Total Pages: 9. Judge: ROTH Authoring. We will reverse the District Court's grant of summary judgment to the Dealers, vacate the District Court's entry of judgment for the Dealers on the jury's verdict, and remand the matter to the District Court with instructions to enter judgment in Ford's favor on the Dealers' breach of contract claim. (DW) [Entered: 08/26/2013 08:37 AM] |
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ORDER (RENDELL, SMITH and ROTH, Circuit Judges) denying as unnecessary the Motion by Appellees for Leave to File a Supplemental Brief on Questions at Oral Argument, filed. Rendell, Authoring Judge. (ARR) [Entered: 07/26/2013 05:36 PM]
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| ECF FILER: Motion filed by Appellee Bayshore Ford Truck Sales Inc in 12-4342 to File a Supplemental Brief on Questions at Oral Argument. Certificate of Service dated 07/24/2013. (JPU) [Entered: 07/24/2013 02:34 PM] |
| ARGUED on Thursday, July 18. 2013. Panel: RENDELL, SMITH and ROTH, Circuit Judges. Christopher T. Handman arguing for Appellant Ford Motor Co; James P. Ulwick arguing for Appellees Badger Truck Center Inc, Bayshore Ford Truck Sales Inc, Boyer Ford Truck Sales Inc, Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales Inc, Colonial Ford Truck Sales Inc, Colonial Trucks of Tidewater Inc, Colony Ford Truck Center Inc, Freeway Ford Truck Sales Inc and Motor City Ford Trucks Inc. (CMH) [Entered: 07/18/2013 12:29 PM] |
| Oral Argument Notification for Thursday, 07/18/2013. (TLG) [Entered: 06/28/2013 03:55 PM] |
| ECF FILER: Response filed by Appellant Ford Motor Co to court's order dated June 13, 2013. Certificate of Service dated 06/24/2013.--[Edited 06/25/2013 by DW] (CTH) [Entered: 06/24/2013 04:34 PM] |
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ORDER (RENDELL, SMITH and ROTH, Circuit Judges) directing Counsel for Appellants to indicate to the Court which materials in Volume IV of the Appendix they believe should be sealed and on what basis, citing relevant case precedent within ten (10) days of the date of this order, filed. Marjorie O. Rendell, Authoring Judge. (EAF) [Entered: 06/13/2013 01:24 PM]
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| ECF FILER: ENTRY OF APPEARANCE from James P. Ulwick on behalf of Appellee(s) -See Attachment A_. (JPU) [Entered: 04/26/2013 10:47 AM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney James P. Ulwick, Esq. for Appellees Motor City Ford Trucks Inc, Bayshore Ford Truck Sales Inc, Colony Ford Truck, Badger Truck Center Inc, Boyer Ford Truck Sales Inc, Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales Inc, Colonial Ford Truck Sales Inc, Colonial Trucks of Tidewater Inc, Freeway Ford Truck Sales Inc and West Gate Ford Truck Sales Inc. Certificate of Service dated 04/26/2013. (JPU) [Entered: 04/26/2013 11:10 AM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Christopher T. Handman, Esq. for Appellant Ford Motor Co. Certificate of Service dated 04/26/2013. (CTH) [Entered: 04/26/2013 11:35 AM] |
| Calendared for Thursday, 07/18/2013. (TLG) [Entered: 04/25/2013 11:04 AM] |
| HARD COPY RECEIVED from Appellant Ford Motor Co - Reply Brief. Copies: 10. (SJB) [Entered: 04/05/2013 09:35 AM] |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant Ford Motor Co, filed. Certificate of Service dated 04/04/2013 by ECF. (CTH) [Entered: 04/04/2013 02:21 PM] |
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ORDER (Clerk) granting Motion by Appellees Motor City Ford Trucks Inc, Bayshore Ford Truck Sales Inc, Colony Ford Truck, Badger Truck Center Inc, Boyer Ford Truck Sales Inc, Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales Inc, Colonial Ford Truck Sales Inc, Colonial Trucks of Tidewater Inc, Freeway Ford Truck Sales Inc and West Gate Ford Truck Sales Inc for leave to file supplemental appendix with filing as of March 18, 2013. It is noted that in the event Appellees are entitled to costs at the conclusion of the appeal, Appellees will not be able to recover costs for any documents included in the supplemental appendix which are duplicative of documents contained in Appellant's appendix, filed. (MCW) [Entered: 03/22/2013 03:40 PM]
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| HARD COPY RECEIVED from Appellees Badger Truck Center, Inc., Bayshore Ford Truck Sales, Inc., Boyer Ford Truck Sales, Inc., Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales, Inc., Colonial Ford Truck Sales, Inc., Colonial Trucks of Tidewater, Inc., Colony Ford Truck, Freeway Ford Truck Sales, Inc., Motor City Ford Trucks Inc and West Gate Ford Truck Sales Inc - Brief. Copies: 10. (KEL) [Entered: 03/19/2013 11:54 AM] |
| HARD COPY RECEIVED from Appellees Badger Truck Center Inc, Bayshore Ford Truck Sales Inc, Boyer Ford Truck Sales Inc, Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales Inc, Colonial Ford Truck Sales Inc, Colonial Trucks of Tidewater Inc, Colony Ford Truck, Freeway Ford Truck Sales, Inc., Motor City Ford Trucks Inc and West Gate Ford Truck Sales Inc - Supplemental Appendix. Copies: 4. Volumes: 1 (MCW) [Entered: 03/20/2013 05:43 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Steven M. Klepper on behalf of Appellee(s) Bayshore Ford; Badger Truck Center; Boyer Ford Truck; Boyer Ford Truck Sioux Falls; Carmenita Ford; Colonial Ford; Colonial Trucks of Tidewater; Colony Ford; Freeway Ford; Motor City Ford; West Gate Ford. (SMK) [Entered: 03/18/2013 01:04 PM] |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Badger Truck Center, Inc., Bayshore Ford Truck Sales, Inc., Boyer Ford Truck Sales, Inc., Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales, Inc., Colonial Ford Truck Sales, Inc., Colonial Trucks of Tidewater, Inc., Colony Ford Truck, Freeway Ford Truck Sales, Inc., Motor City Ford Trucks Inc and West Gate Ford Truck Sales Inc, filed. Certificate of Service dated 03/18/2013 by ECF, US mail. (ELC) [Entered: 03/18/2013 02:40 PM] |
| ECF FILER: SUPPLEMENTAL ELECTRONIC APPENDIX on behalf of Appellees Badger Truck Center, Inc., Bayshore Ford Truck Sales, Inc., Boyer Ford Truck Sales, Inc., Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales, Inc., Colonial Ford Truck Sales, Inc., Colonial Trucks of Tidewater, Inc., Colony Ford Truck, Freeway Ford Truck Sales, Inc., Motor City Ford Trucks Inc and West Gate Ford Truck Sales Inc, filed. Certificate of service dated 03/18/2013 by US mail, ECF. (ELC) [Entered: 03/18/2013 02:41 PM] |
| ECF FILER: Appellees assented to motion for leave to file a supplemental appendix with their opposition brief due on March 18, 2013 filed by Appellees Badger Truck Center, Inc., Bayshore Ford Truck Sales, Inc., Boyer Ford Truck Sales, Inc., Boyer Ford Trucks Sioux Falls Inc, Carmenita Ford Truck Sales, Inc., Colonial Ford Truck Sales, Inc., Colonial Trucks of Tidewater, Inc., Colony Ford Truck, Freeway Ford Truck Sales, Inc., Motor City Ford Trucks Inc and West Gate Ford Truck Sales Inc. Certificate of Service dated 03/15/2013. [Changed event ecf/motion/filed]--[Edited 03/21/2013 by MCW] (RJC) [Entered: 03/15/2013 09:51 AM] |
| ECF FILER: LETTER from Paul J. Halasz, Esq. for Appellant Ford Motor Co, Christopher T. Handman, Esq. for Appellant Ford Motor Co, Dennis LaFiura, Esq. for Appellant Ford Motor Co and Sean M. Marotta, Esq. for Appellant Ford Motor Co. Counsel is unavailable for the following dates: 06/10/2013, 06/11/2013, 06/12/2013, 06/13/2013, 06/14/2013, 06/28/2013, (CTH) [Entered: 03/11/2013 04:47 PM] |
| ECF FILER: LETTER from Attorney Ronald J. Campione, Esq. for Appellees Bayshore Ford Truck Sales, Inc., Colony Ford Truck and Motor City Ford Trucks Inc. Counsel is unavailable for the following dates: 06/27/2013, 06/28/2013, (RJC) [Entered: 03/08/2013 02:49 PM] |
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ORDER (Clerk) referring to the merits panel the Motion by Appellant for Leave to File Appendix Volume IV Under Seal, filed. [See attachment for complete text] (EAF) [Entered: 03/01/2013 11:50 AM]
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| HARD COPY RECEIVED from Appellant Ford Motor Co - Corrected Joint Appendix. Copies: 4. Volumes: 4 (Volume IV held UNDER SEAL pending further order of the Court). (MCW) [Entered: 02/21/2013 02:50 PM] |
| COMPLIANCE RECEIVED. Corrected hard copies of joint appendix volumes I, II, III & IV received from Appellant Ford Motor Co. (EMA) [Entered: 02/21/2013 03:06 PM] |
| HARD COPY RECEIVED from Appellant Ford Motor Co - Brief with Addendum attached. Copies: 10. (KEL) [Entered: 02/15/2013 11:42 AM] |
| NON COMPLIANCE Order issued to Appellant Ford Motor Co regarding the appendix received on 02/15/2013. Please open the attachment for the full text of the Order. Compliance due by 02/19/2013. This Order does not change the deadline for filing the next brief. (EMA) [Entered: 02/15/2013 02:52 PM] |
| HARD COPY RECEIVED from Appellant Ford Motor Co - Joint Appendix. Copies: 4. Volumes: 4 (Volume IV held UNDER SEAL pending further order of the Court). (NON-COMPLIANT) (EMA) [Entered: 02/15/2013 03:39 PM] |
| ECF FILER: ELECTRONIC BRIEF with Addendum attached on behalf of Appellant Ford Motor Co, filed. Certificate of Service dated 02/13/2013 by ECF. (CTH) [Entered: 02/13/2013 08:47 PM] |
| ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellant Ford Motor Co, filed. Certificate of service dated 02/13/2013 by ECF. (CTH) [Entered: 02/13/2013 09:28 PM] |
| ECF FILER: SEALED ELECTRONIC JOINT APPENDIX on behalf of Appellant Ford Motor Co, filed. Certificate of Service dated 02/13/2013 by ECF. (CTH) [Entered: 02/13/2013 10:32 PM] |
| ECF FILER: Motion filed by Appellant Ford Motor Co to seal Volume 4 of Joint Appendix. Certificate of Service dated 02/13/2013. SEND TO MERITS PANEL--[Edited 03/01/2013 by EAF] (CTH) [Entered: 02/13/2013 10:35 PM] |
| ECF FILER: ENTRY OF APPEARANCE from William Kershaw on behalf of Appellee(s) Bayshore Ford Truck Sales, Inc.. (RJC) [Entered: 01/18/2013 08:34 PM] |
| BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Ford Motor Company due on or before 02/13/2013. Appendix due on or before 02/13/2013. (DW) [Entered: 01/03/2013 12:10 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Dennis R. LaFiura on behalf of Appellant(s) Ford Motor Company. (DL) [Entered: 01/02/2013 03:31 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Paul J. Halasz on behalf of Appellant(s) Ford Motor Company. (PJH) [Entered: 01/02/2013 03:35 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Genevieve LaRobardier on behalf of Appellee(s) Bayshore Ford Truck Sales, Inc.. (RJC) [Entered: 12/27/2012 01:51 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Ronald J. Campione on behalf of Appellee(s) Bayshore Ford Truck Sales, Inc.. (RJC) [Entered: 12/27/2012 01:52 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Gordon A. Rehnborg, Jr. on behalf of Appellee(s) Bayshore Ford Truck Sales, Inc.. (RJC) [Entered: 12/27/2012 01:55 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Elizabeth M. Leonard on behalf of Appellee(s) Bayshore Ford Truck Sales, Inc.. (RJC) [Entered: 12/27/2012 01:54 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Eric L. Chase on behalf of Appellee(s) Bayshore Ford Truck Sales, Inc., et al.. (RJC) [Entered: 12/20/2012 03:37 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellees Badger Truck Center, Inc., Bayshore Ford Truck Sales, Inc., Boyer Ford Truck Sales, Inc., Boyer Ford Trucks Sioux Falls, Inc., Carmenita Ford Truck Sales, Inc., Colonial Ford Truck Sales, Inc., Colonial Trucks of Tidewater, Inc., Colony Ford Truck, Freeway Ford Truck Sales, Inc., Motor City Ford Trucks Inc. and West Gate Ford Truck Sales Inc, filed. (RJC) [Entered: 12/20/2012 03:46 PM] |
| ECF FILER: ENTRY OF APPEARANCE from James P. Ulwick on behalf of Appellee(s) Bayshore Ford Truck Sales, Inc. et al.. (JPU) [Entered: 12/17/2012 10:55 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Jean E. Lewis on behalf of Appellee(s) Bayshore Ford Truck Sales, Inc. et al.. (JEL) [Entered: 12/17/2012 10:59 AM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Ford Motor Company, filed. (CTH) [Entered: 12/14/2012 11:41 AM] |
| ECF FILER: Concise Summary of the Case filed by Appellant Ford Motor Company, received. (CTH) [Entered: 12/14/2012 11:39 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Christopher T. Handman on behalf of Appellant(s) Ford Motor Company. [12-4342, 12-3566] (CTH) [Entered: 12/14/2012 11:38 AM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Ford Motor Company, filed. (CTH) [Entered: 12/14/2012 11:42 AM] |
| FOLLOW UP LETTER to Ronald J. Campione, Esq., Eric L. Chase, Esq., Genevieve K. LaRobardier, I, Esq., Gerd W. Stabbert, Esq and James P. Ulwick, Esq. for Bayshore Ford Truck Sales, Inc, Motor City Ford Trucks Inc., Colony Ford Truck requesting the following document(s): Appearance Form on or before 01/02/2013. Disclosure Statement due on or before 01/02/2013. (DW) [Entered: 12/14/2012 03:31 PM] |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Ford Motor Company advising this court that transcripts are already on file in the District Court. (CTH) [Entered: 12/14/2012 11:44 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Sean Marotta on behalf of Appellant(s) Ford Motor Company. (SMM) [Entered: 12/14/2012 11:46 AM] |
| RECORD available on District Court CM/ECF. (DW) [Entered: 11/29/2012 04:17 PM] |
| CIVIL CASE DOCKETED. Notice filed by Appellant Ford Motor Company in District Court No. 2-99-cv-00741. (DW) [Entered: 11/29/2012 04:10 PM] |
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