Aline Miller v. Ford Motor Co.
| ALINE L. MILLER, an individual |
| FORD MOTOR COMPANY, a Delaware corporation |
| OREGON ASSOCIATION OF DEFENSE COUNSEL and PRODUCT LIABILITY ADVISORY COUNCIL |
| 14-36001 |
| November 24, 2014 |
| U.S. Court of Appeals, Ninth Circuit |
| Personal Injury-Product Liability |
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This docket was last retrieved on July 20, 2018. A more recent docket listing may be available from PACER.
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| Filing 69 MANDATE ISSUED.(JSB, ADH and JZ) [10949293] (CW) [Entered: 07/20/2018 07:05 AM] |
| Filing 68 Received notice - Copy of Supreme Court of Oregon Apellate Judgment - The certified question is answered.. PANEL[10931744]--[Edited: attached correct PDF. 07/05/2018 by SLM] (CW) [Entered: 07/05/2018 09:41 AM] |
Filing 67
Order filed (JAY S. BYBEE, ANDREW D. HURWITZ and JACK ZOUHARY)In May 2017, following oral argument, we certified a question of state law to the Oregon Supreme Court. The Oregon Supreme Court accepted the certified question and interpreted Or. Rev. Stat. 30.905(2) to provide that when an Oregon product liability action involves a product manufactured in a state with no statute of repose for an equivalent civil action, then the Oregon action likewise is not subject to a statute of repose. Miller v. Ford Motor Co., 363 Or. 105 (2018). Accordingly, the district court order is AFFIRMED. We decline to address the appellants dormant Commerce Clause argument, and instead REMAND this matter to the district court for consideration in the first instance of that and any other arguments, as appropriate. IT IS SO ORDERED. [10925836] (MM) [Entered: 06/28/2018 12:57 PM]
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| Filing 66 Filed text clerk order (Deputy Clerk: EU): Pursuant to 06/12/18 Appellee's correspondence [ # 65 ] and 06/11/18 Appellant's correspondence [ # 64 ] to 01/11/18 Order [ # 63 ]. This case is ordered reopened. [10924230] (EU) [Entered: 06/27/2018 01:02 PM] |
| Filing 65 Filed (ECF) Appellee Aline L. Miller Correspondence: Response in opposition to Defendant Ford's request for supplemental briefing.. Date of service: 06/12/2018 [10905437] [14-36001] (Slavik, Robert) [Entered: 06/12/2018 10:26 AM] |
| Filing 64 Filed (ECF) Appellant Ford Motor Company Correspondence: Notification of the Oregon Supreme Court Opinion. Date of service: 06/11/2018 [10903400] [14-36001] (Cuatto, Emily) [Entered: 06/11/2018 10:06 AM] |
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Filing 63
Order filed (JAY S. BYBEE, ANDREW D. HURWITZ and JACK ZOUHARY): On May 26, 2017, we certified a question of state law to the Oregon Supreme Court and placed proceedings in this Court in abeyance pending the outcome of proceedings before that Court. On August 3, 2017, the Oregon Supreme Court accepted the certified question. As of this date, proceedings remain pending before that Court. The Clerk shall administratively close this docket pending a ruling by the Oregon Supreme Court regarding the certified question. Upon conclusion of the state court proceedings, the parties shall notify this Court in writing, and the Clerk will reopen this docket. No mandate shall issue, and this order does not constitute a dismissal or other ruling on the merits of this appeal. Appellate proceedings remain in abeyance pending further order of this Court. [10722127] (AF) [Entered: 01/11/2018 02:50 PM]
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| Filing 62 Transmitted to the Oregon State Supreme Court: docket report; 5 briefs; 1 volume of excerpts of record. State Supreme Court Case Number: S065010. CD of oral argument and copy of requested materials. Tracking Information: UPS 1Z 950 159 03 5232 6384. [10553570] (MM) [Entered: 08/22/2017 12:27 PM] |
| Filing 61 Received notice - Supreme Court of Oregon order accepting certified question.PANEL [10538330] (CW) [Entered: 08/09/2017 10:24 AM] |
| Filing 60 Transmitted to the Oregon State Supreme Court: an original certification order; a copy of the certified docket report; 3 copies of order. Tracking Information: UPS 1Z 950 159 03 5490 4237. [10450318] (MM) [Entered: 05/26/2017 12:07 PM] |
| Filing 59 Filed Order for PUBLICATION CERTIFYING A QUESTION TO THE OREGON SUPREME COURT (JAY S. BYBEE, ANDREW D. HURWITZ and JACK ZOUHARY) (SEE ORDER FOR FULL TEXT) Further proceedings in this case are stayed pending receipt of the answer to the certified question or notification from the Oregon Supreme Court that it declines to answer. The parties shall notify this Court within ten days after the Oregon Supreme Court accepts or rejects certification. If the Oregon Supreme Court accepts certification, the parties shall file a joint status report with this Court six months after the date of acceptance and every six months thereafter until the case is decided. The parties shall then notify this Court within ten days of the Oregon Supreme Courts decision. The Clerk shall file a certified copy of this Order with the Oregon Supreme Court under Or. Rev. Stat. 28.215. The Clerk shall also provide the Oregon Supreme Court a copy of the record in this case, in whole or in part, upon request. IT IS SO ORDERED. [10449600] (RMM) [Entered: 05/26/2017 06:51 AM] |
| Filing 58 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10432204] (SB) [Entered: 05/12/2017 10:21 AM] |
| Filing 57 ARGUED AND SUBMITTED TO JAY S. BYBEE, ANDREW D. HURWITZ and JACK ZOUHARY. [10430640] (Wagner, Jessica) [Entered: 05/11/2017 10:21 AM] |
| Filing 56 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Stephanie A. Douglas for Appellant Ford Motor Company. [10395994] [14-36001] (Douglas, Stephanie) [Entered: 04/14/2017 07:52 AM] |
| Filing 55 Added attorney Emily Victoria Cuatto for Ford Motor Company, in case 14-36001. [10395930] (CW) [Entered: 04/14/2017 07:07 AM] |
| Filing 54 Filed (ECF) notice of appearance of Emily V. Cuatto for Appellant Ford Motor Company. Date of service: 04/13/2017. [10395660] [14-36001] (Cuatto, Emily) [Entered: 04/13/2017 04:08 PM] |
| Filing 53 Attorney Emily Victoria Cuatto in 14-36001 substituted by Attorney Stephanie A. Douglas in 14-36001 [10392287] (CW) [Entered: 04/11/2017 02:30 PM] |
| Filing 52 Filed (ECF) notice of appearance of Stephanie A. Douglas for Appellant Ford Motor Company. Date of service: 04/11/2017. [10392256] [14-36001] (Douglas, Stephanie) [Entered: 04/11/2017 02:25 PM] |
| Filing 51 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Ellizabeth Claire Savage, Esquire for Appellee Aline L. Miller. [10348117] [14-36001] (Slavik, Robert) [Entered: 03/08/2017 10:51 AM] |
| Filing 50 Added attorney Ellizabeth Claire Savage, Ivan Martin Karmel for Aline L. Miller, in case 14-36001. [10347447] (Turcios, Margoth) [Entered: 03/07/2017 04:29 PM] |
| Filing 49 Filed (ECF) notice of appearance of Elizabeth C Savage for Appellee Aline L. Miller. Date of service: 03/07/2017. [10347289] [14-36001] (Savage, Elizabeth) [Entered: 03/07/2017 03:44 PM] |
| Filing 48 Filed (ECF) notice of appearance of Ivan M Karmel for Appellee Aline L. Miller. Date of service: 03/07/2017. [10347271] [14-36001] (Karmel, Ivan) [Entered: 03/07/2017 03:40 PM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Ms. Emily Victoria Cuatto for Appellant Ford Motor Company. [10338104] [14-36001] (Cuatto, Emily) [Entered: 03/01/2017 11:23 AM] |
| Filing 46 Notice of Oral Argument on Thursday, May 11, 2017 - 09:00 A.M. - PO 2nd Floor Ctrm - Portland OR. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SEATTLE Office. [10334396] (SB) [Entered: 02/27/2017 12:58 PM] |
| Filing 45 Terminated Ivan Karmel for Aline L. Miller in 14-36001 for failure to register for CM/ECF. [10290468] (LA) [Entered: 01/30/2017 02:41 PM] |
| Filing 44 Terminated Jessica Osborne for Ford Motor Company in 14-36001 (Due to incorrect ECF account information). [10277117] (SLM) [Entered: 01/24/2017 10:36 AM] |
| Filing 43 This case is being considered for the May 2017 Portland oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10276958] (AW) [Entered: 01/24/2017 10:01 AM] |
| Filing 42 Received 7 paper copies of Amicus brief [ # 20 ] filed by OADC. [9805485] (SD) [Entered: 12/24/2015 02:47 PM] |
| Filing 41 Filed clerk order (Deputy Clerk: LK): Amicis motion for extension of time to file the paper copies of the amicus brief is granted. Within 21 days after the date of this order, amici shall file the copies of the brief. [9800404] (AF) [Entered: 12/21/2015 11:45 AM] |
| Filing 40 Filed (ECF) Amicus Curiae OADC Unopposed Motion for miscellaneous relief [Motion entitled "Motion to File Paper Copies of Brief Out of Time"]. Date of service: 12/17/2015. [9797402] [14-36001] (Marmaduke, Susan) [Entered: 12/17/2015 02:51 PM] |
| Filing 39 Received 7 paper copies of Reply brief [ # 37 ] filed by Ford Motor Company. [9656346] (SD) [Entered: 08/21/2015 02:02 PM] |
| Filing 38 Filed clerk order: The reply brief [ # 37 ] submitted by Ford Motor Company is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9653674] (WWP) [Entered: 08/20/2015 09:21 AM] |
| Filing 37 Submitted (ECF) Reply Brief for review. Submitted by Appellant Ford Motor Company. Date of service: 08/19/2015. [9652550] [14-36001] (Cuatto, Emily) [Entered: 08/19/2015 12:15 PM] |
| Filing 36 Received 7 paper copies of Answering brief [ # 32 ] filed by Aline L. Miller. [9601440] (SD) [Entered: 07/07/2015 02:42 PM] |
| Filing 35 Streamlined request [34] by Appellant Ford Motor Company to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 8/19/15. [9599815] (LN) [Entered: 07/06/2015 04:05 PM] |
| Filing 34 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Ford Motor Company. New requested due date is 08/19/2015. [9599650] [14-36001] (Cuatto, Emily) [Entered: 07/06/2015 03:16 PM] |
| Filing 33 Filed clerk order: The answering brief [ # 32 ] submitted by Aline L. Miller is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9597636] (WWP) [Entered: 07/02/2015 02:31 PM] |
| Filing 32 Submitted (ECF) Answering Brief for review. Submitted by Appellee Aline L. Miller. Date of service: 07/01/2015. [9596507] [14-36001] --[COURT UPDATE: Updated docket text to reflect correct brief type. 07/02/2015 by TYL] (Slavik, Robert) [Entered: 07/01/2015 06:41 PM] |
| Filing 31 Received 7 paper copies of Amicus brief [ # 27 ] filed by Product Liability Advisory Council. [9539080] (DB) [Entered: 05/15/2015 10:27 AM] |
| Filing 30 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 29 ]. Original Text: Filed clerk order: The amicus brief [ # 27 ] submitted by Product Liability Advisory Council is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9532227] (WWP) [Entered: 05/11/2015 01:44 PM] |
| Filing 29 Filed clerk order: The amicus brief [ # 27 ] submitted by Product Liability Advisory Council is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9532186] (WWP) [Entered: 05/11/2015 01:29 PM] |
| Filing 28 Entered appearance of Amicus Curiae Product Liability Advisory Council. [9532152] (WWP) [Entered: 05/11/2015 01:16 PM] |
| Filing 27 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Product Liability Advisory Council, Inc.. Date of service: 05/08/2015. [9531219] [14-36001] (Newlin, Alice) [Entered: 05/08/2015 04:15 PM] |
| Filing 26 Filed Appellant Ford Motor Company paper copies of excerpts of record [ # 18 ] in 1 volume. [9528395]--[Edited 01/30/2017 by LA to correct link to excerpts] (WWP) [Entered: 05/07/2015 09:18 AM] |
| Filing 25 Received 7 paper copies of Opening brief [ # 18 ] filed by Ford Motor Company. [9527959] (SD) [Entered: 05/06/2015 04:00 PM] |
| Filing 24 Filed clerk order: The amicus brief [ # 20 ] submitted by OADC is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9527108] (WWP) [Entered: 05/06/2015 11:25 AM] |
| Filing 23 Entered appearance of Amicus Curiae OADC. [9527107] (WWP) [Entered: 05/06/2015 11:24 AM] |
| Filing 22 Streamlined request [21] by Appellee Aline L. Miller to extend time to file the brief is approved. Amended briefing schedule: Appellee Aline L. Miller answering brief due 07/01/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9526371] (LN) [Entered: 05/05/2015 05:04 PM] |
| Filing 21 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Aline L. Miller. New requested due date is 07/01/2015. [9525840] [14-36001] (Slavik, Robert) [Entered: 05/05/2015 02:27 PM] |
| Filing 20 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Amicus Curiae Brief By Oregon Association of Defense Counsel in Support of Appellant Ford Motor Company for Reversal. Date of service: 05/05/2015. [9525762] [14-36001] (Marmaduke, Susan) [Entered: 05/05/2015 02:05 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 18 ] submitted by Ford Motor Company is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 18 ] submitted by Ford Motor Company. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9524372] (WWP) [Entered: 05/04/2015 03:28 PM] |
| Filing 18 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Ford Motor Company. Date of service: 05/01/2015. [9522395] [14-36001] (Cuatto, Emily) [Entered: 05/01/2015 12:53 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: cag): Granting Motion (ECF Filing) filed by Appellant Ford Motor Company; Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellant Ford Motor Company Appellant Ford Motor Company opening brief due 05/01/2015. Appellee Aline L. Miller answering brief due 06/01/2015. The optional reply brief is due 14 days after service of the answering brief. [9471126] (CG) [Entered: 03/25/2015 10:19 AM] |
| Filing 16 Filed (ECF) Appellant Ford Motor Company Motion to extend time to file Opening brief until 05/01/2015. Date of service: 03/24/2015. [9469765] [14-36001] (Cuatto, Emily) [Entered: 03/24/2015 01:25 PM] |
| Filing 15 Streamlined request [14] by Appellant Ford Motor Company to extend time to file the brief is approved. Amended briefing schedule: Appellant Ford Motor Company opening brief due 04/01/2015. Appellee Aline L. Miller answering brief due 05/01/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9407841] (LN) [Entered: 02/03/2015 04:32 PM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Ford Motor Company. New requested due date is 04/01/2015. [9406950] [14-36001] (Cuatto, Emily) [Entered: 02/03/2015 11:42 AM] |
| Filing 13 Added attorney Peder Kristian Batalden for Ford Motor Company, in case 14-36001. [9405928] (KB) [Entered: 02/02/2015 04:36 PM] |
| Filing 12 Filed (ECF) notice of appearance of Peder K. Batalden for Appellant Ford Motor Company. Date of service: 02/02/2015. [9405848] [14-36001] (Cuatto, Emily) [Entered: 02/02/2015 04:21 PM] |
| Filing 11 Added attorney Emily Victoria Cuatto for Ford Motor Company, in case 14-36001. [9405840] (KB) [Entered: 02/02/2015 04:19 PM] |
| Filing 10 Filed (ECF) notice of appearance of Emily V. Cuatto for Appellant Ford Motor Company. Date of service: 02/02/2015. [9405816] [14-36001] (Cuatto, Emily) [Entered: 02/02/2015 04:14 PM] |
| Filing 9 Added attorney Sara Anderson Frey for Ford Motor Company, in case 14-36001. [9351212] (KB) [Entered: 12/16/2014 11:41 AM] |
| Filing 8 Filed (ECF) notice of appearance of Sara Anderson Frey for Appellant Ford Motor Company. Date of service: 12/16/2014. [9351112] [14-36001] (Frey, Sara) [Entered: 12/16/2014 11:17 AM] |
| Filing 7 Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9341887] (CL) [Entered: 12/09/2014 09:36 AM] |
| Filing 6 Filed (ECF) Appellant Ford Motor Company Mediation Questionnaire. Date of service: 12/02/2014. [9333032] [14-36001] (Erfle, Nancy) [Entered: 12/02/2014 10:36 AM] |
| Filing 5 Added attorney Nancy Erfle for Ford Motor Company, in case 14-36001. [9332910] (KB) [Entered: 12/02/2014 10:14 AM] |
| Filing 4 Filed (ECF) notice of appearance of Nancy M. Erfle for Appellant Ford Motor Company. Date of service: 12/01/2014. [9332470] [14-36001] (Erfle, Nancy) [Entered: 12/01/2014 07:28 PM] |
| Filing 3 Added attorney Robert J. Slavik for Aline L. Miller, in case 14-36001. [9327854] (KB) [Entered: 11/26/2014 10:04 AM] |
| Filing 2 Filed (ECF) notice of appearance of Robert J Slavik for Appellee Aline L. Miller. Date of service: 11/26/2014. [9327746] [14-36001] (Slavik, Robert) [Entered: 11/26/2014 09:36 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/01/2014. Transcript ordered by 12/22/2014. Transcript due 01/20/2015. Appellant Ford Motor Company opening brief due 03/02/2015. Appellee Aline L. Miller answering brief due 03/31/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9324407] (WL) [Entered: 11/24/2014 01:06 PM] |
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