Mark Jones, et al v. Ford Motor Company
| MARK JONES and MICHAEL MCKEE |
| FORD MOTOR COMPANY, a Delaware Corporation |
| 22-35447 |
| June 8, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Injury |
Opinions
We have the following opinions for this case:
| Description |
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 MARK JONES, ET AL V. FORD MOTOR COMPANY
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Docket Report
RSS Track this Docket
This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 42
MANDATE ISSUED.(MDH, SPG and MMM) [12826335] (RL) [Entered: 11/20/2023 10:25 AM]
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Filing 41
FILED PER CURIAM OPINION (MICHAEL DALY HAWKINS, SUSAN P. GRABER and M. MARGARET MCKEOWN) AFFIRMED. FILED AND ENTERED JUDGMENT. [12816172] (MM) [Entered: 10/27/2023 09:22 AM]
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Filing 40
Filed order (MICHAEL DALY HAWKINS, SUSAN P. GRABER and M. MARGARET MCKEOWN) The Motions to Certify Questions to the Washington Supreme Court filed in each of the above listed cases are DENIED. [12805215] [22-35447, 22-35451, 22-35454, 22-35456] (WL) [Entered: 10/05/2023 11:58 AM]
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Filing 39
Filed (ECF) Appellants Mark Jones and Michael McKee Motion for certification to Washington State Supreme Court. Date of service: 10/03/2023. [12803333] [22-35447] (Ard, Joel) [Entered: 10/03/2023 12:48 PM]
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Filing 38
ARGUED AND SUBMITTED TO MICHAEL DALY HAWKINS, SUSAN P. GRABER and M. MARGARET MCKEOWN. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12778562] [22-35447, 22-35451, 22-35454, 22-35456] (SB) [Entered: 08/22/2023 10:37 AM]
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Filing 37
Filed clerk order (Deputy Clerk: MCD): The motions to consolidate oral argument are GRANTED. The cases are hereby consolidated for oral argument and allocated twenty minutes per side. The parties should confer as to the allocation of the total time allotted their side. SO ORDERED. [12764818] [22-35447, 22-35451, 22-35454, 22-35456] (WL) [Entered: 07/31/2023 09:50 AM]
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Filing 36
Filed (ECF) Appellee Ford Motor Company Joint Motion for miscellaneous relief [Joint motion for consolidated oral argument.]. Date of service: 07/27/2023. [12763559] [22-35447] (Batalden, Peder) [Entered: 07/27/2023 12:57 PM]
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Filing 35
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Joel Ard for Appellants Mark Jones and Michael McKee. Hearing in Seattle on 08/22/2023 at 09:00 A.M. (Courtroom: SE 7th Flr Courtroom 2). Filer sharing argument time: No. (Argument minutes: 10) 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: 07/21/2023. [12759312] [22-35447] (Ard, Joel) [Entered: 07/21/2023 09:39 AM]
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Filing 34
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Peder Kristian Batalden, Esquire for Appellee Ford Motor Company. Hearing in Seattle on 08/22/2023 at 9:00 AM. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 10) 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: 06/21/2023. [12739857] [22-35447] (Batalden, Peder) [Entered: 06/21/2023 09:33 AM]
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Filing 33
Notice of Oral Argument on Tuesday, August 22, 2023 - 09:00 A.M. - SE 7th Flr Courtroom 2 - Scheduled Location: Seattle WA. 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. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. 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, August 22, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12733242]. [22-35447] (KS) [Entered: 06/11/2023 06:10 AM]
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Filing 32
Filed (ECF) Attorney Mr. Peder Kristian Batalden, Esquire for Appellee Ford Motor Company response to notice for case being considered for oral argument. Date of service: 05/09/2023. [12712509] [22-35447] (Batalden, Peder) [Entered: 05/09/2023 03:49 PM]
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Filing 31
This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for August 2023 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).[12711263]. [22-35447] (KS) [Entered: 05/08/2023 03:41 PM]
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Filing 30
Received 6 paper copies of Reply Brief [ # 28 ] filed by Mark Jones and Michael McKee. [12700375] (SD) [Entered: 04/21/2023 11:23 AM]
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Filing 29
Filed clerk order: The reply brief [ # 28 ] submitted by Mark Jones and Michael McKee 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. [12697426] (SML) [Entered: 04/18/2023 09:26 AM]
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Filing 28
Submitted (ECF) Reply Brief for review. Submitted by Appellants Mark Jones and Michael McKee. Date of service: 04/14/2023. [12695892] [22-35447]--[COURT UPDATE: Attached corrected brief. 04/18/2023 by SML] (Ard, Joel) [Entered: 04/14/2023 12:56 PM]
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Filing 27
Filed clerk order (Deputy Clerk: MCD): Appellants motion (Docket Entry No. [ # 23 ]) for an extension of time to file the reply brief is granted. The optional reply brief is due April 14, 2023. [12682948] (ABT) [Entered: 03/27/2023 04:40 PM]
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Filing 26
Filed (ECF) Attorney Mr. Peder Kristian Batalden, Esquire for Appellee Ford Motor Company response to notice for case being considered for oral argument. Date of service: 02/27/2023. [12662477] [22-35447] (Batalden, Peder) [Entered: 02/27/2023 12:38 PM]
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Filing 25
Filed (ECF) Attorney Mr. Joel Ard for Appellants Mark Jones and Michael McKee response to notice for case being considered for oral argument. Date of service: 02/23/2023. [12659760] [22-35447] (Ard, Joel) [Entered: 02/23/2023 11:22 AM]
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Filing 24
This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for June 2023 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).[12659481]. [22-35447] (KS) [Entered: 02/23/2023 09:01 AM]
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Filing 23
Filed (ECF) Appellants Mark Jones and Michael McKee Unopposed Motion to extend time to file Reply brief until 04/14/2023. Date of service: 02/14/2023. [12652425] [22-35447] (Ard, Joel) [Entered: 02/14/2023 06:58 AM]
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Filing 22
Received 6 paper copies of Answering Brief [ # 20 ] filed by Ford Motor Company. [12649253] (SD) [Entered: 02/08/2023 02:47 PM]
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Filing 21
Filed clerk order: The answering brief [ # 20 ] 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. [12647655] (KT) [Entered: 02/07/2023 08:58 AM]
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Filing 20
Submitted (ECF) Answering Brief for review. Submitted by Appellee Ford Motor Company. Date of service: 02/06/2023. [12647196] [22-35447] (Batalden, Peder) [Entered: 02/06/2023 03:03 PM]
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Filing 19
Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 18 ] (ECF Filing) filed by Appellee Ford Motor Company; Appellee Ford Motor Company answering brief due 02/06/2023. The optional reply brief is due 21 days after service of the answering brief. [12615223] (GS) [Entered: 12/20/2022 04:10 PM]
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Filing 18
Filed (ECF) Appellee Ford Motor Company Unopposed Motion to extend time to file Answering brief until 02/06/2023. Date of service: 12/20/2022. [12614580] [22-35447] (Batalden, Peder) [Entered: 12/20/2022 09:19 AM]
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Filing 17
Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 16 ] (ECF Filing) filed by Appellee Ford Motor Company; Appellee Ford Motor Company answering brief due 01/06/2023. The optional reply brief is due 21 days after service of the answering brief. [12577317] (GS) [Entered: 10/31/2022 04:41 PM]
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Filing 16
Filed (ECF) Appellee Ford Motor Company Unopposed Motion to extend time to file Answering brief until 01/06/2023. Date of service: 10/28/2022. [12575245] [22-35447] (Batalden, Peder) [Entered: 10/28/2022 09:40 AM]
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Filing 15
Received 6 paper copies of Opening Brief [ # 11 ] filed by Mark Jones and Michael McKee. [12564066] (CPA) [Entered: 10/14/2022 03:58 PM]
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Filing 14
Received 3 paper copies of excerpts of record [ # 12 ] in 1 volume(s) filed by Mark Jones and Michael McKee. [12563929] (CPA) [Entered: 10/14/2022 03:11 PM]
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Filing 13
Filed clerk order: The opening brief [ # 11 ] submitted by Mark Jones and Michael McKee 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 [ # 12 ] submitted by Mark Jones and Michael McKee 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. [12557936] (KT) [Entered: 10/06/2022 04:49 PM]
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Filing 12
Submitted (ECF) excerpts of record. Submitted by Appellants Mark Jones and Michael McKee. Date of service: 10/06/2022. [12557699] [22-35447] (Ard, Joel) [Entered: 10/06/2022 03:01 PM]
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Filing 11
Submitted (ECF) Opening Brief for review. Submitted by Appellants Mark Jones and Michael McKee. Date of service: 10/06/2022. [12557698] [22-35447] (Ard, Joel) [Entered: 10/06/2022 03:01 PM]
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Filing 10
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellants Michael McKee and Mark Jones; Granting Motion[ # 9 ] (ECF Filing) motion to extend time to file brief filed by Appellants Michael McKee and Mark Jones. Appellants Mark Jones and Michael McKee opening brief due 10/07/2022. Appellee Ford Motor Company answering brief due 11/07/2022. The optional reply brief is due 21 days after service of the answering brief. [12497921] (LKK) [Entered: 07/20/2022 08:47 AM]
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Filing 9
Filed (ECF) Appellants Mark Jones and Michael McKee Unopposed Motion to extend time to file Opening brief until 10/07/2022. Date of service: 07/18/2022. [12495954] [22-35447] (Ard, Joel) [Entered: 07/18/2022 11:28 AM]
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Filing 8
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12491933] (VS) [Entered: 07/12/2022 01:17 PM]
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Filing 7
MEDIATION ORDER FILED: By 07/13/2022, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12482875] (VS) [Entered: 06/29/2022 10:25 AM]
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Filing 6
The Mediation Questionnaire for this case was filed on 06/13/2022. 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.[12469781]. [22-35447] (AD) [Entered: 06/13/2022 12:44 PM]
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Filing 5
Filed (ECF) Appellants Mark Jones and Michael McKee Mediation Questionnaire. Date of service: 06/13/2022. [12469332] [22-35447] (Ard, Joel) [Entered: 06/13/2022 09:42 AM]
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Filing 4
Added Attorney(s) Emily Victoria Cuatto and Peder Kristian Batalden for party(s) Appellee Ford Motor Company. [12469258] (RL) [Entered: 06/13/2022 09:09 AM]
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Filing 3
Filed (ECF) notice of appearance of Emily Victoria Cuatto (Horvitz & Levy LLP, 3601 W Olive Avenue, 8th Floor, Burbank, California 91505) for Appellee Ford Motor Company. Date of service: 06/13/2022. (Party was previously proceeding with counsel.) [12469250] [22-35447] (Cuatto, Emily) [Entered: 06/13/2022 09:04 AM]
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Filing 2
Filed (ECF) notice of appearance of Peder Kristian Batalden (Horvitz & Levy LLP, 3601 W Olive Avenue, 8th Floor, Burbank California 91505) for Appellee Ford Motor Company. Date of service: 06/13/2022. (Party was previously proceeding with counsel.) [12469244] [22-35447] (Batalden, Peder) [Entered: 06/13/2022 09:00 AM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Mark Jones and Michael McKee Mediation Questionnaire due on 06/15/2022. Appellants Mark Jones and Michael McKee opening brief due 08/08/2022. Appellee Ford Motor Company answering brief due 09/06/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12466569] (JMR) [Entered: 06/08/2022 01:47 PM]
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