Ward v. Ford Motor Company et al
| SEAN WARD |
| Ford Motor Company, MICHAEL GRIFFITH, ENTERPRISE HOLDINGS LLC and Rebecca Griffith |
| 2:2020cv00100 |
| February 12, 2020 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
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This docket was last retrieved on July 26, 2021. A more recent docket listing may be available from PACER.
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Filing 63
ENDORSED ORDER denying as moot #60 Motion to Withdraw as Counsel and Notice of Charging Lien. Because the parties settled, the case was closed on June 10, 2021, and the action was dismissed on July 9, 2021. Signed by Magistrate Judge Nicholas P. Mizell on 7/26/2021. (SM)
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| Filing 62 AMENDED JUDGMENT ( Signed by Deputy Clerk) (RMT) |
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Filing 61
ORDER directing the Clerk to enter an amended judgment dismissing this action with prejudice per the Court's Order dated June 10, 2021. (Doc. 58). Signed by Judge Sheri Polster Chappell on 7/26/2021. (CMC)
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| Filing 60 MOTION for Alan F Hamisch and James J Zonas to Withdraw as Attorney by Sean Ward. (Hamisch, Alan) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 59 JUDGMENT ( Signed by Deputy Clerk) (RMT) |
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Filing 58
ENDORSED ORDER Before the Court is a Notice of Settlement. (Doc. #57). Because the parties have settled this action, the Court will administratively close the file and dismiss the action without prejudice. See M.D. Fla. R. 3.09(b). Accordingly, it is ORDERED that this action is DISMISSED without prejudice subject to the right of a party to move to reopen the action for entry of a stipulated final order or a judgment or for further proceedings on or before July 10, 2021. See M.D. Fla. R. 3.09(b). If no party files an appropriate paper by that deadline, then the Clerk is directed to dismiss the action with prejudice and without further order. The Clerk is DIRECTED to deny all pending motions as moot, terminate any deadlines, and administratively close the case. Signed by Judge Sheri Polster Chappell on 6/10/2021. (TWO)
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| Filing 57 NOTICE of settlement by Ford Motor Company (Seipp, John) |
| Filing 56 NOTICE of Appearance by Jessica Rachel Garrity on behalf of Ford Motor Company (Garrity, Jessica) |
| Filing 55 ANSWER and affirmative defenses to Complaint with Jury Demand TO PLAINTIFF'S FOURTH AMENDED COMPLAINT by Ford Motor Company.(Seipp, John) |
| Filing 53 ANSWER and affirmative defenses with Jury Demand to #51 Amended Complaint by Rebecca Griffith.(Sisk, Deana) |
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Filing 52
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/22/2021, Discovery due by 10/25/2021, Dispositive motions due by 11/22/2021, Pretrial statement due by 4/8/2022, Plaintiff disclosure of expert report due by 7/26/2021, Defendant disclosure of expert report due by 8/25/2021, Final Pretrial Conference set for 4/22/2022 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 5/2/2022 at 09:00 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Nicholas P. Mizell on 2/19/2021. (WRW)
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| Filing 51 AMENDED COMPLAINT 4th Amended Complaint against Sean Ward with Jury Demand. filed by Sean Ward.(Hamisch, Alan) |
| Filing 50 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: PRELIMINARY PRETRIAL CONFERENCE held on 2/18/2021. (DIGITAL) (WRW) |
| Filing 49 CIVIL Action Order Signed by All Divisional Judges on 2/18/2021. (WRW) |
| Filing 48 CASE MANAGEMENT REPORT. (Pinero, Carolina) |
| Filing 47 CERTIFICATE of interested persons and corporate disclosure statement by Rebecca Griffith. (Sisk, Deana) |
| Filing 46 NOTICE of Appearance by Carolina Sofia Pinero on behalf of Ford Motor Company (Pinero, Carolina) |
| Filing 45 NOTICE of hearing: Preliminary Pretrial Conference set for 2/18/2021 at 11:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 2/11/2021. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20100. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
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Filing 44
ORDER denying without prejudice #43 Joint Motion for Continuance of Pre-Trial Deadlines and Trial Date. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/21/2021. (SM)
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| Filing 43 Joint MOTION to Continue PRE-TRIAL DEADLINES AND TRIAL DATE by Ford Motor Company. (Seipp, John) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 42 ANSWER and affirmative defenses with Jury Demand to #39 Amended Complaint by Rebecca Griffith.(Sisk, Deana) |
| Filing 41 ANSWER and affirmative defenses with Jury Demand to #39 Amended Complaint by Ford Motor Company.(Marsh, Vernon) |
| Filing 40 SUMMONS issued as to Rebecca Griffith. (RMT) |
| Filing 39 THIRD AMENDED COMPLAINT against Ford Motor Company, Rebecca Griffith with Jury Demand. filed by Sean Ward. Related document: #12 Amended Complaint filed by Sean Ward.(RMT) |
| Filing 38 PROPOSED summons to be issued by Sean Ward. (Hamisch, Alan) |
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Filing 37
ORDER granting #36 Unopposed Motion for Leave to File Third Amended Complaint and Join Rebecca Griffith as an Indispensible [sic] Party to the Action. Plaintiff is DIRECTED to immediately file the Third Amended Complaint (Doc. 36-1) as a separate docket entry, with corrections. By December 14, 2020, Plaintiff will file proof of service on, or an executed waiver of service from, Rebecca Griffith. The Clerk is DIRECTED to terminate Michael Griffith as a party to this action. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 10/29/2020. (SM)
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| Filing 36 MOTION to Amend #3 Amended Complaint and to Join Rebecca Griffiths as a party by Sean Ward. (Attachments: #1 Main Document Third Amended Complaint)(Hamisch, Alan) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 35
ORDER denying #33 Motion for Leave to File Third Amended Complaint. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/9/2020. (brh)
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| Filing 34 PROPOSED summons to be issued by Sean Ward. (Hamisch, Alan) |
| Filing 33 MOTION to Amend #12 Amended Complaint by Sean Ward. (Attachments: #1 Exhibit Third Amended Complaint)(Hamisch, Alan) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE re 30 Order filed by Sean Ward. (Hamisch, Alan) |
| Filing 31 RETURN of service executed on 08/17/2020 by Sean Ward as to Michael Griffith. (Hamisch, Alan) |
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Filing 30
ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. Plaintiff Sean Ward filed his Complaint in state court on December 18, 2019, and Defendant Ford Motor Company removed the case to this Court on February 12, 2020. (Doc. #1). But Plaintiff has not yet filed proof of service of the Summons and Complaint on Defendant Michael Griffith, and the time to do so has expired under Fed. R. Civ. P. 4(m). Accordingly, the Court ORDERS Plaintiff to show cause, in writing, on or before September 3, 2020, why his claims against Griffith should not be dismissed for failure to serve and failure to prosecute. See Local Rule 3.10. Failure to comply with this Order will result in the dismissal of the claims against Michael Griffith without further notice. Signed by Judge Sheri Polster Chappell on 9/2/2020. (NMC)
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| Filing 29 SUMMONS issued as to Michael Griffith. (RMT) |
| Filing 28 PROPOSED summons to be issued by Sean Ward. (Hamisch, Alan) |
| Filing 27 POSSIBLE MDL Tag Along case for MDL Case Number, Information emailed to MDL Panel on 04/15/2020, including cover letter, copy of complaint, and docket sheet. (Attachments: #1 Docketsheet, #2 Complaint) (RMT) |
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Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 10/29/2021 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 11/1/2021 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Nicholas P. Mizell on 4/10/2020. (WRW)
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Filing 25
ORDER granting 24 the Oral Joint Motion for Entry of a 502(d) Order. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 4/10/2020. (HAP)
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| Filing 24 ORAL JOINT MOTION for Miscellaneous Relief specifically for Rule 502(d) Order. (WRW) |
| Filing 22 Minute Entry. Proceedings held before Magistrate Judge Nicholas P. Mizell: PRELIMINARY PRETRIAL CONFERENCE held on 4/9/2020. (DIGITAL) (WRW) |
| Filing 21 SUPPLEMENT re #19 Case Management Report Pretrial & Discovery Plan by Sean Ward. (Hamisch, Alan) |
| Filing 20 NOTICE of pendency of related cases re #6 Related case order and notice per Local Rule 1.04(d) by Sean Ward. Related case(s): no (Hamisch, Alan) |
| Filing 19 CASE MANAGEMENT REPORT. (Hamisch, Alan) |
| Filing 18 ANSWER and affirmative defenses with Jury Demand to #12 Amended Complaint by Ford Motor Company.(Marsh, Vernon) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Sean Ward. (Hamisch, Alan) |
| Filing 16 NOTICE re 8 Notice of Preliminary Pretrial Conference. All parties may appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20100. Parties appearing by telephone are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them Signed by Magistrate Judge Nicholas P. Mizell (WRW) |
| Filing 15 CORPORATE Disclosure Statement by Ford Motor Company. (Seipp, John) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re 10 Order filed by Sean Ward. (Hamisch, Alan) |
| Filing 13 AFFIDAVIT of James J Zonas re: 10 Order to Show Cause by Sean Ward. (Hamisch, Alan) |
| Filing 12 SECOND AMENDED COMPLAINT against Ford Motor Company, Michael Griffith with Jury Demand. filed by Sean Ward. Related document: #3 Amended Complaint filed by Sean Ward.(Hamisch, Alan) Modified on 3/23/2020 (RMT). |
| Filing 11 NOTICE of Appearance by Alan F. Hamisch on behalf of Sean Ward (Hamisch, Alan) |
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Filing 10
ENDORSED ORDER. On March 5, 2020, upon review of Defendant Ford Motor Company's supplement to its notice of removal, the Court ordered Plaintiff Sean Ward to either amend his complaint or move for remand on or before March 19, 2020. (Doc. #9). But Plaintiff failed to do so. Plaintiff is ORDERED to show cause, in writing, on or before March 30, 2020, why he has not complied with the Court's order. Signed by Judge Sheri Polster Chappell on 3/23/2020. (NMC)
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Filing 9
ORDERED: Plaintiff Sean Ward is ORDERED to do one of the following on or before March 19, 2020: (1) amend his complaint to name the correct defendants or (2) file a motion to remand. Signed by Judge Sheri Polster Chappell on 3/5/2020. (AEH)
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| Filing 8 NOTICE of hearing: Preliminary Pretrial Conference set for 4/9/2020 at 10:15 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report on or before April 2, 2020.(WRW) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to show cause filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Appendix C)(Seipp, John) |
| Filing 6 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/17/2020. Signed by All Divisional Judges on 3/3/2020. (WRW) |
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Filing 5
ORDERED: Defendant Ford Motor Company must SUPPLEMENT its Notice of Removal (Doc. #1) on or before March 3, 2020, to show cause why this case should not be remanded for lack of subject matter jurisdiction. Failure to comply with this Order will lead to this case being remanded without further notice. Signed by Judge Sheri Polster Chappell on 2/18/2020. (AEH)
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| Filing 4 ANSWER and affirmative defenses with Jury Demand to #3 Amended Complaint by Ford Motor Company.(RMT) |
| Filing 3 AMENDED COMPLAINT against Enterprise Holdings LLC, Ford Motor Company, Michael Griffith with Jury Demand filed by Sean Ward.(RMT) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-100-FtM-38NPM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Circuit Court, case number 19-CA-4906 filed in State Court on 12/18/2019. Filing fee $ 400, receipt number 113A-16471935 filed by Ford Motor Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Pleadings, #3 Exhibit B - Crash Report, #4 Exhibit C- Ford Annual Report, #5 Exhibit D - Ford Form 10-K, #6 Exhibit E- Articles of Merger Enterprise, #7 Exhibit F- Enterprise Missouri Annual Registration Report)(Seipp, John) |
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