Morris Wilner v. Ford Motor Company, et al
| DOES, 1 through 50, inclusive and HUNTINGTON BEACH FORD, a business entity, form unknown |
| FORD MOTOR COMPANY, a corporation |
| MORRIS WILNER |
| 20-56400 |
| December 28, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Property Damage - Product Liability |
Opinions
We have the following opinions for this case:
| Description |
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| MORRIS WILNER V. FORD MOTOR COMPANY |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 5, 2022. A more recent docket listing may be available from PACER.
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Filing 42
MANDATE ISSUED.(SSI, KKL and DJF) [12412565] (DJV) [Entered: 04/05/2022 07:25 AM]
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Filing 41
FILED MEMORANDUM DISPOSITION (SANDRA S. IKUTA, KENNETH K. LEE and DANIELLE J. FORREST) DISMISSED. FILED AND ENTERED JUDGMENT. [12393338] (MM) [Entered: 03/14/2022 09:08 AM]
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Filing 40
SUBMITTED ON THE BRIEFS TO SANDRA S. IKUTA, KENNETH K. LEE and DANIELLE J. FORREST. [12388938] (BG) [Entered: 03/08/2022 10:00 AM]
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Filing 39
Filed clerk order (Deputy Clerk: AF): The Court is of the opinion that the facts and legal arguments 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 without oral argument on March 8, 2022, in Pasadena, California. Fed. R. App. P. 34(a)(2)(C). [12379961] (AF) [Entered: 02/25/2022 10:15 AM]
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Filing 38
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jim O. Whitworth, Esquire for Appellant Morris Wilner. Hearing in Pasadena on 03/08/2022 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 30) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/16/2022. [12378568] [20-56400] (Whitworth, Jim) [Entered: 02/23/2022 08:50 PM]
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Filing 37
Filed (ECF) Acknowledgment of hearing notice by Attorney Derek J. Linkous for Appellee Ford Motor Company. Hearing in Pasadena on 03/08/2022 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/08/2022. [12363448] [20-56400] (Linkous, Derek) [Entered: 02/08/2022 07:44 AM]
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Filing 36
Notice of Oral Argument on Tuesday, March 8, 2022 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 28 days before Tuesday, March 8, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12362336]. [20-56400] (KS) [Entered: 02/07/2022 11:08 AM]
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Filing 35
Filed (ECF) Acknowledgment of hearing notice by Attorney Derek J. Linkous for Appellee Ford Motor Company. Hearing in Pasadena on 03/08/2022 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/03/2022. [12328993] [20-56400] (Linkous, Derek) [Entered: 01/03/2022 11:38 AM]
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Filing 34
Notice of Oral Argument on Tuesday, March 8, 2022 - 09:00 A.M. - Courtroom 2 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 28 days before Tuesday, March 8, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12324578]. [20-56400] (KS) [Entered: 12/26/2021 06:09 AM]
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Filing 33
Filed (ECF) Attorney Mr. Jim O. Whitworth, Esquire for Appellant Morris Wilner response to notice for case being considered for oral argument. Date of service: 12/06/2021. [12307673] [20-56400] (Whitworth, Jim) [Entered: 12/06/2021 07:03 PM]
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Filing 32
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for March 2022 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 : Correspondence to Court; Subject : request for mediation).[12298842]. [20-56400] (KS) [Entered: 11/26/2021 05:01 PM]
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Filing 31
Received 6 paper copies of Reply Brief [ # 25 ] filed by Morris Wilner. [12279485] (SD) [Entered: 11/05/2021 11:09 AM]
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Filing 30
Received 3 additional paper copies of excerpts of record [ # 18 ] in 1 volume(s) filed by Appellant Morris Wilner. [12279036] (LA) [Entered: 11/04/2021 04:50 PM]
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Filing 29
Filed (ECF) Attorney Mr. Jim O. Whitworth, Esquire for Appellant Morris Wilner response to notice for case being considered for oral argument. Date of service: 11/03/2021. [12277837] [20-56400] (Whitworth, Jim) [Entered: 11/03/2021 08:04 PM]
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Filing 28
Filed (ECF) Attorney Derek J. Linkous for Appellee Ford Motor Company response to notice for case being considered for oral argument. Date of service: 10/28/2021. [12271237] [20-56400] (Linkous, Derek) [Entered: 10/28/2021 07:33 AM]
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Filing 27
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 2022 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 : Correspondence to Court; Subject : request for mediation).[12268887]. [20-56400] (KS) [Entered: 10/26/2021 11:01 AM]
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Filing 26
Filed clerk order: The reply brief [ # 25 ] submitted by Morris Wilner is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12266970] (KWG) [Entered: 10/25/2021 08:42 AM]
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Filing 25
Submitted (ECF) Reply Brief for review. Submitted by Appellant Morris Wilner. Date of service: 10/22/2021. [12266606] [20-56400] (Whitworth, Jim) [Entered: 10/22/2021 08:39 PM]
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Filing 24
Received 6 paper copies of Answering Brief [ # 22 ] filed by Ford Motor Company. [12246552] (SD) [Entered: 10/04/2021 01:33 PM]
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Filing 23
Filed clerk order: The answering brief [ # 22 ] submitted by Ford Motor Company is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12244708] (KWG) [Entered: 10/01/2021 09:50 AM]
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Filing 22
Submitted (ECF) Answering Brief for review. Submitted by Appellee Ford Motor Company. Date of service: 10/01/2021. [12244581] [20-56400] (Linkous, Derek) [Entered: 10/01/2021 07:01 AM]
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Filing 21
Received 6 paper copies of Opening Brief [ # 17 ] filed by Morris Wilner. [12226405] (SD) [Entered: 09/13/2021 10:42 AM]
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Filing 20
Received 3 paper copies of excerpts of record [ # 18 ] in 1 volume(s) filed by Appellant Morris Wilner. [12225874] (SML) [Entered: 09/10/2021 04:15 PM]
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Filing 19
Filed clerk order: The opening brief [ # 17 ] submitted by Morris Wilner is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 excerpts of record [ # 18 ] submitted by Morris Wilner are filed. Within 7 days of this order, filer is ordered to file 3 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. [12220325] (LA) [Entered: 09/03/2021 02:47 PM]
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Filing 18
Submitted (ECF) excerpts of record. Submitted by Appellant Morris Wilner. Date of service: 09/01/2021. [12218395] [20-56400]--[COURT UPDATE: Attached corrected excerpts. 09/03/2021 by LA] (Whitworth, Jim) [Entered: 09/01/2021 06:59 PM]
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Filing 17
Submitted (ECF) Opening Brief for review. Submitted by Appellant Morris Wilner. Date of service: 09/01/2021. [12218394] [20-56400]--[COURT UPDATE: Attached corrected brief. 09/03/2021 by LA] (Whitworth, Jim) [Entered: 09/01/2021 06:57 PM]
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Filing 16
Filed clerk order (Deputy Clerk: KS): Appellants motion (Docket Entry No. [ # 14 ]) for an extension of time to file the opening brief is granted in part. The opening brief is due September 1, 2021. To facilitate timely submission of cases for decision, the court will not be inclined to grant any further motions for extensions of time to file the opening brief. Failure to file the opening brief by September 1, 2021 may result in dismissal of this case for failure to prosecute. See 9th Cir. R. 42-1. The answering brief is due October 1, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12189176] (AF) [Entered: 08/02/2021 11:48 AM]
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Filing 15
Filed (ECF) Appellee Ford Motor Company response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 07/23/2021. [12181520] [20-56400] (Linkous, Derek) [Entered: 07/23/2021 01:46 PM]
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Filing 14
Filed (ECF) Appellant Morris Wilner Motion to extend time to file Opening brief until 09/20/2021. Date of service: 07/20/2021. [12178221] [20-56400] (Whitworth, Jim) [Entered: 07/20/2021 04:22 PM]
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Filing 13
Filed clerk order (Deputy Clerk: TAH): The appellants late motion (Docket Entry No. [ # 11 ]) for a second extension of time to file the opening brief is granted. The opening brief is due July 20, 2021. The answering brief is due August 19, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12136172] (AF) [Entered: 06/07/2021 02:33 PM]
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Filing 12
Lodged Appellant Morris Wilner appellant's correspondence to the court i.e representation statement [12123399] (DJV) [Entered: 05/25/2021 09:24 AM]
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Filing 11
Filed (ECF) Appellant Morris Wilner Motion to extend time to file Opening brief until 07/20/2021. Date of service: 05/24/2021. [12123010] [20-56400] (Whitworth, Jim) [Entered: 05/24/2021 04:28 PM]
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Filing 10
Streamlined request [9] by Appellant Morris Wilner to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: Appellant Morris Wilner opening brief due 05/24/2021. Appellee Ford Motor Company answering brief due 06/23/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12084047] (DLM) [Entered: 04/22/2021 03:43 PM]
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Filing 9
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Morris Wilner. New requested due date is 05/21/2021. [12083787] [20-56400] (Whitworth, Jim) [Entered: 04/22/2021 01:45 PM]
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| Filing 8 Filed order MEDIATION (SJS): This case is RELEASED from the Mediation Program. The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due April 23, 2021; appellee's answering brief is due May 24, 2021; appellant's optional reply brief is due within 21 days from the service date of the answering brief. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12009425] (AF) [Entered: 02/19/2021 10:02 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 02/18/2021, 10:00 a.m. Pacific Time. The briefing schedule previously set by the court is amended as follows: Appellant Morris Wilner opening brief due 03/24/2021. Appellee Ford Motor Company answering brief due 04/23/2021. Appellant's optional reply brief is due within 21 days afer service of the answering brief. See order for details. [11986370] (CL) [Entered: 01/29/2021 02:13 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 01/28/2021, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11959928] (CL) [Entered: 01/11/2021 08:53 PM] |
| Filing 5 Added Attorney(s) Derek J. Linkous for party(s) Appellee Ford Motor Company, in case 20-56400. [11953523] (RR) [Entered: 01/05/2021 04:43 PM] |
| Filing 4 Filed (ECF) notice of appearance of Derek J. Linkous (Bush Seyferth PLLC, 100 West Big Beaver Road, Suite 400, Troy, MI 48084) for Appellee Ford Motor Company. Date of service: 01/05/2021. (Party was previously proceeding with counsel.) [11952414] [20-56400] (Linkous, Derek) [Entered: 01/05/2021 09:57 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 01/04/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11951924]. [20-56400] (AD) [Entered: 01/04/2021 06:44 PM] |
| Filing 2 Filed (ECF) Appellant Morris Wilner Mediation Questionnaire. Date of service: 01/04/2021. [11951451] [20-56400] (Whitworth, Jim) [Entered: 01/04/2021 02:52 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Morris Wilner Mediation Questionnaire due on 01/04/2021. Appellant Morris Wilner opening brief due 02/22/2021. Appellee Ford Motor Company answering brief due 03/23/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11946474] (JMR) [Entered: 12/28/2020 03:43 PM] |
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