Edward Snow v. Ford Motor Co.
| EDWARD SNOW |
| FORD MOTOR COMPANY |
| 18-55858 |
| June 28, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Contract Product Liability |
Docket Report
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| Filing 34 MANDATE ISSUED.(AJK, JHN and WHP) [11704661] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859, 18-56356] (CW) [Entered: 05/29/2020 08:01 AM] |
| Filing 33 FILED MEMORANDUM DISPOSITION (ANDREW J. KLEINFELD, JACQUELINE H. NGUYEN and WILLIAM H. PAULEY, III) DISMISSED. FILED AND ENTERED JUDGMENT. [11683390] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859, 18-56356] (MM) [Entered: 05/07/2020 10:07 AM] |
| Filing 32 SUBMITTED ON THE BRIEFS TO ANDREW J. KLEINFELD, JACQUELINE H. NGUYEN and WILLIAM H. PAULEY, III. [11620541] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859, 18-56356] (BG) [Entered: 03/06/2020 10:15 AM] |
| Filing 31 Filed clerk order (Deputy Clerk: OC): Appeal No. 18-56356 is consolidated with Appeal Nos. 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, and 18-55859. The court is of the unanimous opinion that the facts and legal argument are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted on the briefs and record without oral argument on Friday, March 6, 2020, in Pasadena, California. Fed. R. App. P. 34(a)(2)(C). [11594509] [18-56356, 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (OC) [Entered: 02/12/2020 10:09 AM] |
| Filing 30 Notice of Oral Argument on Friday, March 6, 2020 - 09:00 A.M. - Courtroom 1 - Pasadena CA. 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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Friday, March 6, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11541149]. [Array, 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (AW) [Entered: 12/22/2019 06:11 AM] |
| Filing 29 Filed (ECF) Attorney Mr. John F. Querio for Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859 response to notice for case being considered for oral argument. Date of service: 11/04/2019. [11488754] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (Querio, John) [Entered: 11/04/2019 05:07 PM] |
| Filing 28 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for March 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11485108][18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (AW) [Entered: 10/31/2019 02:31 PM] |
| Filing 27 Filed (ECF) Attorney Mr. John F. Querio for Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859 response to notice for case being considered for oral argument. Date of service: 10/07/2019. [11456524] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (Querio, John) [Entered: 10/07/2019 02:18 PM] |
| Filing 26 Terminated H. Paul Efstratis for Ford Motor Company in 18-55842, Ford Motor Company in 18-55843, Ford Motor Company in 18-55844, Ford Motor Company in 18-55858 and Ford Motor Company in 18-55859 (Due to incorrect ECF account information). [11454474] [18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (SLM) [Entered: 10/04/2019 11:58 AM] |
| Filing 25 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11451955][18-55809,18-55842,18-55843,18-55844,18-55858,18-55859] (AW) [Entered: 10/02/2019 03:31 PM] |
| Filing 24 Filed (ECF) Attorney Mr. John F. Querio for Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859 response to notice for case being considered for oral argument. Date of service: 07/22/2019. [11371833] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (Querio, John) [Entered: 07/22/2019 02:18 PM] |
| Filing 23 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for November 2019 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11368851][18-55809,18-55842,18-55843,18-55844,18-55858,18-55859] (AW) [Entered: 07/18/2019 05:03 PM] |
| Filing 22 Sent 31c letter for failure to file answering brief. Response is due 14 days from the date of this notice. [11219977] [18-55858, 18-55809, 18-55842, 18-55843, 18-55844, 18-55859] (BG) [Entered: 03/07/2019 02:36 PM] |
| Filing 21 Received 7 paper copies of Opening Brief [ # 17 ] filed by Ford Motor Company. [11136449] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (DB) [Entered: 12/28/2018 05:38 PM] |
| Filing 20 Filed 4 paper copies of excerpts of record [ # 18 ] in 2 volume(s) filed by Appellant Ford Motor Company. [11135868] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (LA) [Entered: 12/28/2018 11:53 AM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] 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 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 securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11133802] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (LA) [Entered: 12/26/2018 02:35 PM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859. Date of service: 12/26/2018. [11133511] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (Querio, John) [Entered: 12/26/2018 11:47 AM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859. Date of service: 12/26/2018. [11133489] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (Querio, John) [Entered: 12/26/2018 11:36 AM] |
| Filing 16 Streamlined request [15] by Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859 to extend time to file the brief is approved. Amended briefing schedule: Appellant Ford Motor Company opening brief due 12/26/2018. Appellees Kyle Atkins, Marlene Mason, Mark Miodovski, Ernesto Porras, Edward Snow, James West and Kristin West answering brief due 01/25/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11095727] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (KM) [Entered: 11/21/2018 08:44 AM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859. New requested due date is 12/26/2018. [11095414] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (Batalden, Peder) [Entered: 11/20/2018 04:14 PM] |
| Filing 14 Added attorney John F. Querio for Ford Motor Company [11095046] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (CW) [Entered: 11/20/2018 02:53 PM] |
| Filing 13 Filed (ECF) notice of appearance of John F. Querio for Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859. Date of service: 11/20/2018. [11095035] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (Querio, John) [Entered: 11/20/2018 02:52 PM] |
| Filing 12 Filed order (DIARMUID F. O'SCANNLAIN, MARSHA S. BERZON and SANDRA S. IKUTA): The court has reviewed appellants response to this courts July 19, 2018 order to show cause. The order to show cause is discharged. See Corona-Contreras v. Gruel, 857 F.3d 1025, 1028 (9th Cir. 2017); Kanter v. Warner-Lambert Co., 265 F.3d 853, 858 (9th Cir. 2001). The consolidated opening brief and excerpts of record are due November 26, 2018; the consolidated answering brief is due December 26, 2018; and the optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. The parties may address the basis of this courts jurisdiction over the consolidated appeals in their briefing. [11048764] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (AF) [Entered: 10/16/2018 01:22 PM] |
| Filing 11 Filed (ECF) Appellant Ford Motor Company in 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859 response to order to show cause dated 07/19/2018. Date of service: 08/01/2018. [10963312] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 08/02/2018 by SLM] (Batalden, Peder) [Entered: 08/01/2018 05:52 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: SSL): Appellants motion to consolidate cases 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, and 18-55859 (Docket Entry No. [ # 10939125-2 ] in 18-55809, Docket Entry No. [ # 10939131-2 ] in 18-55842, Docket Entry No. [ # 10939132-2 ] in 18-55843, Docket Entry No. [ # 10939133-2 ] in 18-55844, Docket Entry No. [ # 9 ] in 18-55858, Docket Entry No. [ # 10939141-2 ] in 18-55859) is granted in part. Appeal Nos. 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, and 18-55859 are consolidated. The July 2, 2018 order to show cause in 18-55842, June 28, 2018 order to show cause in 18-55844, and June 29, 2018 order to show cause in 18-55858 are vacated. A review of the record suggests that this court may lack jurisdiction over these appeal because an order remanding a removed action to state court for lack of subject matter jurisdiction is not reviewable on appeal or otherwise under 28 U.S.C. 1447(d). See 28 U.S.C. 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 (1995); Kunzi v. Pan Am. World Airways, Inc., 833 F.2d 1291, 1293 (9th Cir. 1987). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of these appeal or show cause why they should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. To the extent the motion to consolidate seeks relief relating to the merits briefing schedule, the request is denied as moot. [10947872] [18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859] (AF) [Entered: 07/19/2018 08:48 AM] |
| Filing 9 Filed (ECF) Appellant Ford Motor Company Motion to consolidate cases 18-55809, 18-55842, 18-55843, 18-55844, 18-55858, 18-55859. Date of service: 07/11/2018. [10939137] [18-55858] (Batalden, Peder) [Entered: 07/11/2018 05:17 PM] |
| Filing 8 MEDIATION ORDER FILED: 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. [10934474] (VS) [Entered: 07/09/2018 08:57 AM] |
| Filing 7 Filed (ECF) Appellee Edward Snow Mediation Questionnaire. Date of service: 07/05/2018. [10932920] [18-55858] (Gieleghem, Neil) [Entered: 07/05/2018 10:44 PM] |
| Filing 6 Filed (ECF) Appellant Ford Motor Company Mediation Questionnaire. Date of service: 07/05/2018. [10932522] [18-55858] (Batalden, Peder) [Entered: 07/05/2018 03:16 PM] |
| Filing 5 Added attorney Lisa J. Perrochet, Peder Kristian Batalden for Ford Motor Company, in case 18-55858. [10931373] (JFF) [Entered: 07/03/2018 04:32 PM] |
| Filing 4 Filed (ECF) notice of appearance of Lisa Perrochet for Appellant Ford Motor Company. Date of service: 07/03/2018. [10931331] [18-55858] (Perrochet, Lisa) [Entered: 07/03/2018 04:18 PM] |
| Filing 3 Filed (ECF) notice of appearance of Peder K. Batalden for Appellant Ford Motor Company. Date of service: 07/03/2018. [10931323] [18-55858] (Batalden, Peder) [Entered: 07/03/2018 04:16 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KAM): A review of the record suggests that this court may lack jurisdiction over the appeal because an order remanding a removed action to state court for lack of subject matter jurisdiction is not reviewable on appeal or otherwise under 28 U.S.C. 1447(d). See 28 U.S.C. 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 (1995); Kunzi v. Pan Am. World Airways, Inc., 833 F.2d 1291, 1293 (9th Cir. 1987). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [10928015] (OC) [Entered: 06/29/2018 04:17 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 07/05/2018. Appellant Ford Motor Company opening brief due 08/27/2018. Appellee Edward Snow answering brief due 09/27/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10925296] (RT) [Entered: 06/28/2018 09:21 AM] |
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| Plaintiff / appellee: EDWARD SNOW | |
| Represented By: | Neil Gieleghem Esquire |
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| Defendant / appellant: FORD MOTOR COMPANY | |
| Represented By: | Peder Kristian Batalden Esquire |
| Represented By: | Lisa J. Perrochet Esquire |
| Represented By: | John F. Querio |
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