Walker et al v. Yamaha Motor Co., Ltd. et al
| Joan Walker and Troy Walker |
| MHR Helmets/Jiangmen Pengcheng Helmets Limited, Yamaha Motor Corporation, U.S.A., KBC America, Inc. a foreign corporation doing business as Sparx Helmets, Yamaha Motor Co., Ltd., Ed Tucker Distributor, Inc. and Motorcycle Clinic, Inc. |
| The City of Kissimmee |
| ACE/ACE Fire Indemnity Insurance Company |
| 6:2013cv01546 |
| October 4, 2013 |
| U.S. District Court for the Middle District of Florida |
| Orlando Office |
| Osceola |
| Roy B Dalton |
| Gregory J Kelly |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
This docket was last retrieved on May 31, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 273 ENTERED IN ERROR (VMF) |
| Filing 272 CLERK'S certificate of destruction of Plaintiffs' exhibits and/or exhibit substitutes (VMF) |
| Filing 270 RECEIPT for return of Defendant and Joint exhibits and/or exhibit substitutes as identified on receipt. (VMF) (ctp) |
| Filing 269 NOTICE RE: RETURN OF EXHIBITS (VMF) (ctp) |
Filing 268
ORDER granting in part #265 Motion to Seal. Signed by Judge Roy B. Dalton, Jr. on 4/14/2016. (VMF)
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| Filing 267 NOTICE by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. re #265 Unopposed MOTION for leave to file under seal Confidential Trial Exhibits of Filing Affidavit of Caleb Chesser (Hosley, Frank) |
| FEES paid by attorney Larry Coben re #264 Order (Fee $200.00, receipt number ORL52714) (IGC) |
| Filing 266 CERTIFICATE of compliance re #264 Order by Troy Walker. (Coben, Larry) |
| Filing 265 Unopposed MOTION for leave to file under seal Confidential Trial Exhibits by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
Filing 264
ORDER Signed by Judge Roy B. Dalton, Jr. on 4/6/2016. (VMF)
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| Filing 271 JOINT Exhibit List. (VMF) |
Filing 263
ORDER denying #221 Motion ; granting in part and denying in part #235 Motion ; denying as moot #250 Motion ; denying as moot #251 Motion for Judgment as a Matter of Law. Signed by Judge Roy B. Dalton, Jr. on 3/25/2016. (VMF)
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| Filing 262 JUDGMENT in favor of Yamaha Motor Co., Ltd. and Yamaha Motor Corporation, U.S.A. against Joan Walker and Troy Walker. Signed by Judge Roy B. Dalton, Jr. on 3/25/2016. (VMF) |
| Filing 261 COURT'S FINAL Jury Instructions. (VMF) |
| Filing 260 INDEX TO COURT'S PROPOSED Jury Instructions. (VMF) |
| Filing 259 COURT'S PROPOSED Jury Instructions. (VMF) |
| Filing 258 DEFENDANTS' Exhibit List. (VMF) |
| Filing 257 PLAINTIFFS' Exhibit List. (VMF) |
| Filing 256 JURY VERDICT. (VMF) |
Filing 255
ENDORSED ORDER temporarily granting 254 Motion to Seal. Signed by Judge Roy B. Dalton, Jr. on 3/24/2016. (VMF)
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| Filing 254 DEFENDANTS' ORAL MOTION for leave to file certain joint exhibits under seal. (VMF) |
| Filing 253 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: JURY TRIAL DAY SEVEN completed on 3/24/2016. Court Reporter: Amie First (VMF) |
| Filing 252 RESPONSE in Opposition re #250 MOTION for miscellaneous relief, specifically Preclude the Yamaha Defendants from Arguing Fault of Non-Party Laura Rodriquez and Request for Curative Instruction filed by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Seipp, John) |
| Filing 251 MOTION for judgment as a matter of law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Seipp, John) |
| Filing 250 MOTION for miscellaneous relief, specifically Preclude the Yamaha Defendants from Arguing Fault of Non-Party Laura Rodriquez and Request for Curative Instruction by All Plaintiffs. (Coben, Larry) |
| Filing 249 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: JURY TRIAL DAY SIX held on 3/22/2016. Court Reporter: Amie First (VMF) |
| Filing 248 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: JURY TRIAL DAY FIVE held on 3/21/2016. Court Reporter: Amie First (VMF) |
| Filing 247 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF) |
| Filing 246 TRANSCRIPT of Excerpt Jury Trial, Volume IV, Testimony of Robert Wright, held on 3-17-16 before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/8/2016, Redacted Transcript Deadline set for 4/18/2016, Release of Transcript Restriction set for 6/16/2016. (ARF) |
| Filing 245 TRANSCRIPT of Excerpt Jury Trial, Volume III, Testimony of Peter Hancock, George Meinschein, Robert Wright, held on 3-16-16 before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/8/2016, Redacted Transcript Deadline set for 4/18/2016, Release of Transcript Restriction set for 6/16/2016. (ARF) |
| Filing 244 TRANSCRIPT of Excerpt Jury Trial, Volume II, Testimony of Dr. Peter Hancock held on 3-15-16 before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/8/2016, Redacted Transcript Deadline set for 4/18/2016, Release of Transcript Restriction set for 6/16/2016. (ARF) |
| Filing 243 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: JURY TRIAL DAY FOUR held on 3/17/2016. Court Reporter: Amie First (VMF) (VMF). |
| Filing 241 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF) |
| Filing 240 TRANSCRIPT of Excerpt Jury Trial, Volume I, Testimony of Laura Rodriguez held on 3-14-16 before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/7/2016, Redacted Transcript Deadline set for 4/18/2016, Release of Transcript Restriction set for 6/15/2016. (ARF) |
| Filing 239 TRANSCRIPT of Excerpt Jury Trial, Volume I, Plaintiffs' Opening Statement, held on 3-14-16 before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/7/2016, Redacted Transcript Deadline set for 4/18/2016, Release of Transcript Restriction set for 6/15/2016. (ARF) (GJS). |
| Filing 242 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: JURY TRIAL DAY THREE held on 3/16/2016. Court Reporter: Amie First (VMF) |
| Filing 238 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: JURY TRIAL DAY TWO held on 3/15/2016. Court Reporter: Amie First (VMF) |
| Filing 237 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: JURY TRIAL DAY ONE held on 3/14/2016. Court Reporter: Amie First (VMF) |
| Filing 236 RESPONSE in Opposition re #235 MOTION for miscellaneous relief, specifically Precluding Plaintiffs from utilizing demonstrative aid filed by Troy Walker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Coben, Larry) |
| Filing 235 MOTION for miscellaneous relief, specifically Precluding Plaintiffs from utilizing demonstrative aid by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
Filing 233
ORDER granting #220 Motion to allow electronic equipment. Signed by Judge Roy B. Dalton, Jr. on 3/10/2016. (VMF)
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| Filing 232 Joint Exhibit List by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A., Troy Walker and Joan Walker. (Attachments: #1 Exhibit A)(Hosley, Frank) Modified on 3/11/2016 (IGC). |
| Filing 231 Witness List by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
| Filing 230 Exhibit List (REVISED) by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Attachments: #1 Exhibit A)(Hosley, Frank) |
| Filing 229 Exhibit List A and B by Troy Walker. (Attachments: #1 Exhibit A)(Coben, Larry) |
| Filing 228 Witness List by Troy Walker. (Coben, Larry) |
| Filing 227 RESPONSE to Motion re #221 MOTION for miscellaneous relief, specifically Preclude Evidence of Absence of Other Claims filed by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
| Filing 226 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF) |
| Filing 225 TRANSCRIPT of Motion Hearing held on 1-27-16 before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/31/2016, Redacted Transcript Deadline set for 4/11/2016, Release of Transcript Restriction set for 6/8/2016. (ARF) |
| Set deadlines as to #221 MOTION for miscellaneous relief, specifically Preclude Evidence of Absence of Other Claims. Responses due by 3/11/2016 by Defendants. (IGC) |
Filing 224
ORDER directing Defendants to respond to Plaintiff's Motion and Memorandum to Preclude Evidence Regarding Absence of Claims Related to Conspicuity of the Subject Motorcycle (Doc. #221) on or before Friday, March 11, 2016. Signed by Judge Roy B. Dalton, Jr. on 3/9/2016. (SN)
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| Filing 223 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF) |
| Filing 222 TRANSCRIPT of Final Pretrial Conference held on 2-18-16 before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/30/2016, Redacted Transcript Deadline set for 4/11/2016, Release of Transcript Restriction set for 6/7/2016. (ARF) |
| Filing 221 MOTION for miscellaneous relief, specifically Preclude Evidence of Absence of Other Claims by Joan Walker, Troy Walker. (Attachments: #1 Exhibit A)(Coben, Larry) |
| Filing 220 MOTION to allow electronic equipment, specifically 48" Ultra 4K LED LCD HD TV, Laptop & Monitor by All Plaintiffs. (Coben, Larry) |
| Sealed Document S-219. (LMM) |
| Sealed Document S-218 (IGC) |
Filing 217
ENDORSED ORDER granting #215 Motion for clarification. The Court established March 14, 2016 trial date is controlling for the purposes of compliance with the CMSO. Signed by Judge Roy B. Dalton, Jr. on 2/24/2016. (Dalton, Jr., Roy)
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Filing 216
PRETRIAL ORDER Jury Trial set for 3/14/2016 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Signed by Judge Roy B. Dalton, Jr. on 2/24/2016. (VMF)
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| Filing 215 MOTION for clarification re #95 Case management and scheduling order remaining pretrial deadlines by Troy Walker. (Coben, Larry) |
Filing 214
Vacated per minutes at document no. 249 - ORDER granting in part and denying in part #192 Motion in Limine; granting in part and denying in part #193 Motion in Limine. Signed by Judge Roy B. Dalton, Jr. on 2/19/2016. (VMF) Modified on 3/22/2016 (IGC).
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| Filing 213 NOTICE of hearing: Jury Trial set for 3/14/2016 (date certain) at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (VMF) (ctp) |
| Filing 212 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: FINAL PRETRIAL CONFERENCE held on 2/18/2016. Court Reporter: Amie First (VMF) |
Filing 211
ORDER denying without prejudice #177 First Amended Petition for Approval of Minor Settlement. See order for details. On or before Friday, February 26, 2016, Plaintiffs shall file a renewed Motion under seal that complies with the directives contained herein. The CLERK is directed to accept the renewed Motion and all documents attached thereto under seal. Failure to comply with this order, including the deadlines contained herein, may result in the claims at issue being tried before a jury. Signed by Magistrate Judge Gregory J. Kelly on 2/18/2016. (PAB)
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| Filing 210 AMENDMENT to re #202 Joint Pretrial statement Concerning Defendants' Objections to Plaintiffs' Deposition Designations by Joan Walker, Troy Walker. (Niemi, Jo Ann) Modified on 2/18/2016 (IGC). |
| Filing 209 AMENDMENT to re #202 Joint Pretrial statement Concerning Defendants' Objections to Plaintiffs' Deposition Designations by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) Modified on 2/17/2016 (IGC). |
| Filing 208 NOTICE of Appearance by John R. Overchuck on behalf of Joan Walker, Troy Walker (Overchuck, John) |
| Filing 207 NOTICE of Appearance by John C. Seipp, Jr on behalf of Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Seipp, John) |
Filing 206
ORDER denying #152 Motion for summary judgment; denying #153 Motion to Strike; granting in part and denying in part #154 Motion to Strike. See Order for details. Signed by Judge Roy B. Dalton, Jr. on 2/16/2016. (JMW)
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| Filing 205 RESPONSE in Opposition re #192 Omnibus MOTION in limine and Memorandum of Law filed by Joan Walker, Troy Walker. (Coben, Larry) |
| Filing 204 RESPONSE to Motion re #193 Omnibus MOTION in limine and Memorandum to preclude certain evidence and arguments filed by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
| Filing 203 AMENDED to Joint Pretrial Statement document by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. Amendment to #202 Pretrial statement . (Hosley, Frank) Modified on 2/16/2016 (IGC). |
| Filing 202 JOINT PRETRIAL statement by Troy Walker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Coben, Larry) Modified on 2/12/2016 (IGC). |
| Filing 201 TRIAL BRIEF by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
| Filing 200 RESPONSE TO ORDER TO SHOW CAUSE #199 filed by Joan Walker, Troy Walker. (Bogle, Sean) Modified on 2/10/2016 (IGC). (Additional attachment(s) added on 2/10/2016: #1 Sealed Exhibit A, #2Sealed Exhibit B) (SMB). |
Filing 199
ORDER to show cause why the Motion (Doc. No. 177) should not be denied for failure to comply with the Court's order (Doc. No. 179) as to Joan Walker, Troy Walker. Show Cause Response due by 2/19/2016. Signed by Magistrate Judge Gregory J. Kelly on 2/10/2016. (PAB)
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| Filing 198 NOTICE of Appearance by Kathryn D. Anderson on behalf of Joan Walker, Troy Walker (Overchuck, John) Modified on 2/9/2016 (IGC). |
Filing 197
ENDORSED ORDER granting #194 Motion. The Court accepts Plaintiffs' motion (Doc. 193) as timely filed. Signed by Judge Roy B. Dalton, Jr. on 2/2/2016. (JMW)
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| Filing 196 NOTICE of Firm name change and e-mail designations by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Hosley, Frank) Modified on 2/2/2016 (LMM). |
| Filing 195 Supplemental Filing in Support of #194 Plaintiffs' Request to Accept as Timely Filed #193 Plaintiffs' Omnibus Motion in Limine by Joan Walker, Troy Walker (Niemi, Jo Ann) Modified on 2/2/2016 (LMM). |
| Filing 194 MOTION for miscellaneous relief, specifically Accept as Timely Filed #193 Plaintiffs' Omnibus Motion In Limine and supporting memorandum by All Plaintiffs. (Attachments: #1 Exhibit A)(Niemi, Jo Ann) Modified on 2/2/2016 (LMM). |
| Filing 193 Omnibus MOTION in limine and Memorandum to preclude certain evidence and arguments by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Coben, Larry) Modified on 2/1/2016 (LMM). |
| Filing 192 Omnibus MOTION in limine and Memorandum of Law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Hosley, Frank) Modified on 2/1/2016 (LMM). |
Filing 191
ORDER denying #190 Motion to accelerate pretrial conference. See Order for details. Signed by Judge Roy B. Dalton, Jr. on 1/29/2016. (JMW)
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| Filing 190 Unopposed Request/Motion To Accelerate Final Pretrial Conference by Joan Walker, Troy Walker. (Coben, Larry) Modified on 1/28/2016 (LMM). |
| Filing 189 NOTICE of Appearance by Jon James Hernan on behalf of Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Hernan, Jon) |
| Filing 188 Minute Entry for proceedings held before Judge Roy B. Dalton, Jr. re: motion proceedings held January 27, 2016. Court Reporter: Amie First. (LAM) |
| Filing 187 NOTICE by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. of Service of Proposal for Settlement to Plaintiff, Minor Child MD (Lee, Nhan) |
| Filing 186 NOTICE by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. of Service of Proposal for Settlement to Plaintiff, Minor Child TW (Lee, Nhan) |
| Filing 185 NOTICE by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. of Service of Proposal for Settlement to Plaintiff, Joan Walker (Lee, Nhan) |
| Filing 184 NOTICE by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. of Service of Proposal for Settlement to Plaintiff, Troy Walker (Lee, Nhan) |
| Filing 183 NOTICE of hearing on motion re #153 MOTION to Strike Plaintiffs' Expert, Peter Hancock, and Incorporated Memorandum of Law, #152 MOTION for summary judgment and Incorporated Memorandumm of Law, #154 MOTION to Strike Plaintiffs' Expert, Robert Wright, and Incorporated Memorandum of Law. Motion Hearing set for 1/27/2016 at 09:30 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (VMF) (ctp) |
Filing 182
ORDER denying #169 Defendants' Amended Motion to Strike the Affidavit of Robert R. Wright and the Amended Affidavit of Peter Hancock, Ph.D. Signed by Magistrate Judge Gregory J. Kelly on 1/20/2016. (PAB)
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| Filing 181 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The final pretrial conference is rescheduled. New hearing time: Final Pretrial Conference set for 2/18/2016 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (VMF) (ctp) |
Filing 180
ENDORSED ORDER striking #178 Motion for Leave to File Supplemental Authority.A Notice of Supplemental Authority containing only a case citation is all that is necessary to alert the Court to intervening authority issued post briefing. The Aubin case referenced in the Motion is not intervening authority as it issued on October 29, 2015, prior to the submission of the Plaintiff's Response to the Motion for Summary Judgment on November 9, 2015 at Doc. 164. Additional argument or uninvited additional briefing is not authorized. See Local Rule 3.01(c). To the extent the Defendant failed to cite to controlling or persuasive authority contrary to its' position in the Reply submitted at Doc. 166, the Court will address the failure in its' order, as necessary. Signed by Judge Roy B. Dalton, Jr. on 12/30/2015.
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Filing 179
ENDORSED ORDER granting #176 First Amended Motion to Seal Pursuant to Chapter 744, Florida Statutes, and Florida Rules of Judicial Administration, Rule 2.420. Plaintiffs shall file the closing statement and general release under seal, pursuant to Section 744.3701(1), (3), Florida Statutes. The Clerk shall accept the above-referenced documents under seal. Signed by Magistrate Judge Gregory J. Kelly on 12/30/2015. (PAB)
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| Filing 178 **Stricken per 180 Order* MOTION for leave to file Supplemental Authority In Support Of Their Opposition To Defendants' Motion For Final Summary Judgment by All Plaintiffs. (Coben, Larry) Modified on 12/31/2015 (LMM). |
| Filing 177 First Amended Petition for Approval of Minor Settlement by Joan Walker, Troy Walker. (Bogle, Sean) Modified on 12/17/2015 (LMM). |
| Filing 176 First Amended Motion to Seal by Joan Walker, Troy Walker. (Bogle, Sean) Modified on 12/17/2015 (LMM). |
Filing 175
ORDER denying without prejudice #172 Motion to Seal; denying without prejudice #173 Motion for Settlement. On or before Friday, December 18, 2015, Plaintiffs may refile their motions with the required certification. Signed by Judge Roy B. Dalton, Jr. on 12/14/2015. (VMF)
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| Filing 174 RESPONSE in Opposition re #169 Amended MOTION to Strike filed by Troy Walker, Joan Walker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Coben, Larry) Modified on 12/14/2015 (LMM). |
| Filing 173 MOTION for Approval of Minor Settlement by Joan Walker, Troy Walker. (LMM) |
| Filing 172 MOTION to seal by Joan Walker, Troy Walker. (LMM) |
| Filing 171 NOTICE of Limited Appearance Appearance by Sean F. Bogle on behalf of Joan Walker, Troy Walker (Attachments: #1 Motion to Seal **Refiled correctly at doc. #171, #2 Petition for Approval of Minor Settlement **Refiled correctly at doc. #172)(Bogle, Sean) Modified on 12/10/2015 (LMM). |
Filing 170
ENDORSED ORDER directing Joan Walker, Troy Walker to respond to #169 Amended MOTION to Strike the affidavits of Robert R. Wright and affidavit of Peter Hancock, Ph.D. Responses due by 12/11/2015. Signed by Magistrate Judge Gregory J. Kelly on 12/2/2015. (PAB)
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| Filing 169 Amended MOTION to Strike Affidavit of Robert R. Wright [DE 160-2] and the Amended Affidavit of Peter Hancock, Ph.D. [DE 162] and Memorandum of Law re #160 Response in Opposition to Motion, #161 Response in Opposition to Motion, #162 Notice (Other) by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Hosley, Frank) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 12/2/2015 (LMM). |
Filing 168
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #167 Motion to Strike the Affidavit of Robert R. Wright and the Amended Affidavit of Peter Hancock, Ph.D. Signed by Magistrate Judge Gregory J. Kelly on 11/25/2015. (PAB)
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| Filing 167 MOTION to Strike Affidavit of Robert R. Wright [DE 160-2] and the Amended Affidavit of Peter Hancock, Ph.D. [DE 162] and Memorandum of Law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 11/23/2015 (LMM). |
| Filing 166 REPLY MEMORANDUM in support #152 Motion for summary judgment filed by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) Modified on 11/23/2015 (LMM). |
| Filing 165 STIPULATION to dismiss Plaintiff's braking system and inadequate warnings claims (only) by Troy Walker, Joan Walker, Yamaha Motor Corporation, U.S.A., Yamaha Motor Co., Ltd., Ed Tucker Distributor, Inc. (Coben, Larry) Modified on 11/18/2015 (LMM). |
| Filing 164 RESPONSE in Opposition re #152 MOTION for summary judgment and Incorporated Memorandumm of Law filed by Troy Walker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Coben, Larry) |
| Filing 163 NOTICE by Troy Walker Changes to Firm Name and Email Addresses (Coben, Larry) |
| Filing 162 NOTICE of Filing Executed Amended Affidavit of Peter Hancock by Troy Walker re #161 Response in Opposition to Motion (Attachments: #1 Exhibit A)(Coben, Larry) Modified on 11/3/2015 (LMM). |
| Filing 161 RESPONSE in Opposition re #153 MOTION to Strike Plaintiffs' Expert, Peter Hancock, and Incorporated Memorandum of Law filed by Troy Walker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Coben, Larry) |
| Filing 160 RESPONSE in Opposition re #154 MOTION to Strike Plaintiffs' Expert, Robert Wright, and Incorporated Memorandum of Law filed by Troy Walker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Coben, Larry) |
| Set/reset deadlines as to #153 MOTION to Strike Plaintiffs' Expert, Peter Hancock, and Incorporated Memorandum of Law, #154 MOTION to Strike Plaintiffs' Expert, Robert Wright, and Incorporated Memorandum of Law. Responses due by 10/30/2015 (LMM) |
Filing 159
ENDORSED ORDER granting Doc. #158 Motion to Modify the CMSO. Plaintiffs have until 10/30/2015 to respond to Docs. 153 and 154. Signed by Judge Roy B. Dalton, Jr. on 10/22/2015. (JMW)
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| Filing 158 MOTION to modify Case Management and Scheduling Order to Provide Plaintiffs a One Week Extension to File Responses to Defendants' Motions #153 and #154. by All Plaintiffs. (Coben, Larry) Modified on 10/22/2015 (LMM). |
| Filing 157 REQUEST for oral argument re #152 MOTION for summary judgment and Incorporated Memorandumm of Law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
| Filing 156 DEPOSITION of Robert Wright taken on September 11, 2015 re #152 MOTION for summary judgment and Incorporated Memorandumm of Law, #153 MOTION to Strike Plaintiffs' Expert, Peter Hancock, and Incorporated Memorandum of Law, #154 MOTION to Strike Plaintiffs' Expert, Robert Wright, and Incorporated Memorandum of Law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. . (Hosley, Frank) |
| Filing 155 DEPOSITION of Peter Hancock taken on September 21, 2015 re #152 MOTION for summary judgment and Incorporated Memorandumm of Law, #153 MOTION to Strike Plaintiffs' Expert, Peter Hancock, and Incorporated Memorandum of Law, #154 MOTION to Strike Plaintiffs' Expert, Robert Wright, and Incorporated Memorandum of Law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. . (Hosley, Frank) |
| Filing 154 MOTION to Strike Plaintiffs' Expert, Robert Wright, and Incorporated Memorandum of Law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hosley, Frank) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 153 MOTION to Strike Plaintiffs' Expert, Peter Hancock, and Incorporated Memorandum of Law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hosley, Frank) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 152 MOTION for final summary judgment and Incorporated Memorandumm of Law by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Hosley, Frank) Modified on 10/13/2015 (LMM). |
Filing 151
ENDORSED ORDER granting #150 Motion to Modify Case Management and Scheduling Order. The request for an additional 3 depositions per side is granted. Signed by Judge Roy B. Dalton, Jr. on 9/11/2015. (Dalton, Jr., Roy)
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| Filing 150 MOTION to modify Case Management and Scheduling Order to Provide for Additional Depositions and Memorandum of Law in Support by Yamaha Motor Corporation, U.S.A.. (Lee, Nhan) |
| Filing 149 MEDIATION report Hearing held on SEPTEMBER 9, 2015. Hearing outcome: IMPASSE / SETTLEMENT.. (Siboni, Michael) |
Filing 148
ORDER denying as moot #145 Defendant Yamaha Motor Corporation, U.S.A.'s Motion to Compel Response to Expert Discovery. See Doc. No. 147 at 1-3. It is further ORDERED that the Court will enforce the parties' stipulation. Doc. No. 147 at 4; Local Rule 4.15(a). Signed by Magistrate Judge Gregory J. Kelly on 9/8/2015. (PAB)
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| Filing 147 Joint Statement Regarding the Status of Plaintiff's Expert Discovery Resonses #146 Order by Yamaha Motor Corporation, U.S.A., Troy Walker, Joan Walker. (Hosley, Frank) Modified on 9/9/2015 (LMM). |
Filing 146
ORDER re #145 MOTION to Compel Response to Expert Discovery filed by Yamaha Motor Corporation, U.S.A. The parties shall immediately meet and confer in a good faith effort to resolve or narrow the issues raised in the motion. On or before NOON on September 8, 2015, the parties shall file a joint statement indicating whether they have been successful at resolving or narrowing the issues for the Court to resolve, which specifically identifies those issues that remain. On or before September 8, 2015, if necessary, Plaintiffs shall file a response to the Motion. Signed by Magistrate Judge Gregory J. Kelly on 9/3/2015. (PAB)
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| Filing 145 MOTION to Compel Response to Expert Discovery by Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) Motions referred to Magistrate Judge Gregory J. Kelly. |
Filing 144
ORDER denying #119 Plaintiffs' Motion to Compel. Signed by Magistrate Judge Gregory J. Kelly on 8/25/2015. (PAB)
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| Filing 143 NOTICE of change of address of law firm of Overchuck & Associate, P.A., by Milette Elise Webber (Webber, Milette) Modified on 8/14/2015 (SWT). |
| Filing 142 NOTICE by Ed Tucker Distributor, Inc. of Service of Expert Reports and Disclosures (Toomey, C.) |
Filing 141
ORDER granting #140 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 8/3/2015. (PAB)
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| Filing 140 Amended MOTION for Brian Keith Gibson to appear pro hac vice by Ed Tucker Distributor, Inc.. (Eubanks, Ernest) Motions referred to Magistrate Judge Gregory J. Kelly. |
Filing 139
ENDORSED ORDER denying without prejudice #136 motion to appear pro hac vice. See Local Rule 2.02(a) (requiring pro hac vice counsel be a member of the bar of any district court outside of Florida). In the motion, counsel certifies only that he is a member of "the bar of the State of New York." Doc. No. 136 at 2. Signed by Magistrate Judge Gregory J. Kelly on 8/3/2015. (PAB)
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| Filing 138 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by Attorney Brian Keith Gibson, appearing on behalf of Ed Tucker Distributor, Inc. (Filing Fee $150 Receipt Number ORL045866.) Related document: #136 MOTION for Brian Keith Gibson to appear pro hac vice. (EJS) |
| Filing 137 Written designation and consent to act by Ernest H. Eubanks, Jr on behalf of Ed Tucker Distributor, Inc.. Local Counsel: Ernest H. Eubanks, Jr.. Non-Resident Counsel: Brian Keith Gibson. (Eubanks, Ernest) |
| Filing 136 MOTION for Brian Keith Gibson to appear pro hac vice by Ed Tucker Distributor, Inc.. (Eubanks, Ernest) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 135 NOTICE by Troy Walker of Service of Plaintiffs' Disclosure of Expert Reports to Defendants (Coben, Larry) |
Filing 134
ENDORSED ORDER granting #133 Motion to Substitute Attorney. Signed by Magistrate Judge Gregory J. Kelly on 6/25/2015. (PAB)
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| Filing 133 Amended Unopposed MOTION to Substitute Lead Counsel by ACE/ACE Fire Indemnity Insurance Company. (Darroch, Robert) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 6/25/2015 (LMM). |
| Filing 132 NOTICE of Service of Proposal for Settlement to Plaintiff Minor Child MD by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Lee, Nhan) Modified on 6/11/2015 (LMM). |
| Filing 131 NOTICE of Service of Proposal for Settlement to Plaintiff Minor Child TW by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Lee, Nhan) Modified on 6/11/2015 (LMM). |
| Filing 130 NOTICE of Service of Proposal for Settlement to Plaintiff Joan Walker by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Lee, Nhan) Modified on 6/11/2015 (LMM). |
| Filing 129 NOTICE of Service of Proposal for Settlement to Plaintiff Troy Walker by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. (Lee, Nhan) Modified on 6/11/2015 (LMM). |
| Filing 128 RESPONSE to Motion re #119 MOTION to Compel Discovery filed by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Attachments: #1 Exhibit, #2 Exhibit)(Lee, Nhan) |
| Filing 127 NOTICE of resolution and withdrawal of some of the issues raised in #119 MOTION to Compel Discovery by Plaintiffs re #122 Order, (Coben, Larry) Modified on 6/9/2015 (LMM). |
Filing 126
ORDER denying as moot #116 Motion to Strike ; granting in part and denying in part #117 Motion for Reconsideration ; denying as moot #124 Motion for Extension of Time to File. Signed by Judge Roy B. Dalton, Jr. on 6/5/2015. (VMF)
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| Filing 125 JOINDER in motion by Ed Tucker Distributor, Inc. re #124 Emergency MOTION for Extension of Time to File Expert Disclosures and Reports filed by Yamaha Motor Corporation, U.S.A., Yamaha Motor Co., Ltd. . (Eubanks, Ernest) |
| Filing 124 Emergency MOTION for Extension of Time to File Expert Disclosures and Reports by Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
| Filing 123 Response and JOINDER in motion by Ed Tucker Distributor, Inc. re #116 MOTION to Strike and Disqualify Plaintiffs' Experts filed by Yamaha Motor Corporation, U.S.A. . (Eubanks, Ernest) Modified on 6/5/2015 (LMM). |
| Set/reset deadlines as to #116 MOTION to Strike and Disqualify Plaintiffs' Experts, #119 MOTION to Compel Discovery . Responses due by 6/8/2015 (LMM) |
Filing 122
ORDER re #116 MOTION to Strike and Disqualify Plaintiffs' Experts filed by Yamaha Motor Corporation, U.S.A., #119 MOTION to Compel Discovery filed by Troy Walker, Joan Walker. As set forth herein, all parties, including Ed Tucker Distributor, Inc., shall immediately confer in a good faith attempt to resolve or narrow the issues raised in the Plaintiffs' Motion (Doc. No. 119) and YMCUSA's Motion (Doc. No. 116). On or before June 8, 2015, if the parties have been unsuccessful at resolving all issues raised in Plaintiffs' Motion, Defendants shall file their respective responses. On or before June 8, 2015, if the parties have been unsuccessful at resolving all issues raised in YMCUSA's Motion, Plaintiffs shall file a response. Signed by Magistrate Judge Gregory J. Kelly on 6/3/2015. (PAB)
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| Filing 121 CERTIFICATE of counsel pursuant to Local Rule 3.01(G) re #119 MOTION to Compel Discovery by Larry E. Coben on behalf of Plaintiffs. (Coben, Larry) Modified on 6/2/2015 (LMM). |
| Filing 120 REQUEST for oral argument re #119 MOTION to Compel Discovery by Plaintiffs. (Coben, Larry) Modified on 6/2/2015 (LMM). |
| Filing 119 MOTION to Compel Discovery from Defendants Yamaha Motor Co. Ltd. and Yamaha Motor Corporation, U.S.A. and to Compel the Defendants to Produce Corporate Designees for Depositions by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Proposed Order)(Coben, Larry) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 6/2/2015 (LMM). |
| Filing 118 REQUEST for oral argument re #117 MOTION for Reconsideration re #114 Order on motion to extend time by Troy Walker. (Niemi, Jo Ann) |
| Filing 117 MOTION for Reconsideration re #114 Order on motion to extend time by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Text of Proposed Order Proposed Order)(Niemi, Jo Ann) Modified on 6/2/2015 (LMM). |
| Filing 116 MOTION to Strike and Disqualify Plaintiffs' Experts by Yamaha Motor Corporation, U.S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Lee, Nhan) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 115 ANSWER and affirmative defenses with Jury Demand to #79 Amended Complaint by Ed Tucker Distributor, Inc..(Klein, Steven) |
Filing 114
ORDER denying #113 Motion to extend time. Signed by Judge Roy B. Dalton, Jr. on 5/20/2015. (VMF)
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| Filing 113 Stipulated First Request/MOTION to extend Pretrial Deadlines by Troy Walker. (Niemi, Jo Ann) Modified on 5/14/2015 (LMM). |
Filing 112
ORDER granting #111 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 5/11/2015. (PAB)
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| Filing 111 Amended and corrected MOTION for Mark Schultz to appear pro hac vice by All Plaintiffs. (Webber, Milette) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 5/11/2015 (LMM). |
Filing 110
ENDORSED ORDER denying without prejudice #109 motion to appear pro hac vice for failure to comply with Local Rule 2.03(a), which requires pro hac vice counsel be admitted to the bar of any District Court of the United States outside of Florida. Signed by Magistrate Judge Gregory J. Kelly on 5/7/2015. (PAB)
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| Filing 109 MOTION for Mark Schultz to appear pro hac vice by All Plaintiffs. (Webber, Milette) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 108 NOTICE of Appearance by Milette Elise Webber on behalf of Joan Walker, Troy Walker (Webber, Milette) |
| Filing 107 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by Attorney Mark Schultz, appearing on behalf of Joan Walker, Troy Walker (Filing Fee $150 Receipt Number ORL043292.). (EJS) |
Filing 106
ENDORSED ORDER denying without prejudice #105 Motion for substitution of lead counsel of record for failing to certify compliance with local Rules 2.03(b) and 3.01(g). Signed by Magistrate Judge Gregory J. Kelly on 2/2/2015. (PAB)
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| Filing 105 MOTION to Substitute Attorney by ACE/ACE Fire Indemnity Insurance Company. (Darroch, Robert) Motions referred to Magistrate Judge Gregory J. Kelly. |
Filing 104
ENDORSED ORDER granting #102 The City of Kissimmee's Motion for removal from the automated CM/ECF Service. Signed by Magistrate Judge Gregory J. Kelly on 9/26/2014. (PAB)
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| Filing 103 AMENDED document by The City of Kissimmee. Rule 3.01(g) Certification. (Bogan, Bruce) |
| Filing 102 MOTION for miscellaneous relief, specifically Removal from the Automated CM/ECF Service by The City of Kissimmee. (Bogan, Bruce) |
| Filing 101 Remark: Docs. #97 and #99 have been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/2/2014. (RTH) |
| Filing 100 NOTICE of mediation conference/hearing to be held on September 9, 2015 - 9:30 a.m. before Michael Siboni. (Coben, Larry) |
| Filing 99 AMENDED Certificate of Interested Persons and Corporate Disclosure Statement re: #17 Interested Persons Order by Joan Walker, Troy Walker(Coben, Larry) Modified on 9/2/2014 (LMM). Modified on 9/2/2014 (LMM). |
| Filing 98 CERTIFICATE of interested persons and corporate disclosure statement re #17 Interested persons order by Yamaha Motor Co., Ltd.. (Hosley, Frank) |
| Filing 97 AMENDED CERTIFICATE of interested persons and corporate disclosure statement re #17 Interested persons order by Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) Modified on 8/28/2014 (LMM). |
| Filing 96 CASE REFERRED to Mediation. (LMM) |
Filing 95
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 9/29/2014, Discovery due by 9/2/2015, Dispositive motions due by 10/9/2015, Pretrial statement due by 2/11/2016, All other motions due by 1/30/2016, Plaintiff disclosure of expert report due by 5/5/2015, Defendant disclosure of expert report due by 6/8/2015, Final Pretrial Conference set for 2/18/2016 at 01:15 PM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Jury Trial set for the trial term commencing 3/7/2016 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 9/18/2015. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 8/18/2014. (VMF) Modified on 8/19/2014 (VMF).
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Filing 94
ORDER granting as unopposed #90 Motion to modify subpoena. See Doc. No. 93. Signed by Magistrate Judge Gregory J. Kelly on 8/4/2014. (PAB)
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| Filing 93 AMENDED rule 3.01(g) certification by The City of Kissimmee. re #90 MOTION to modify Subpoena that Seeks a Protected Matter (Bogan, Bruce) Modified on 8/4/2014 (LMM). |
| Filing 92 NOTICE canceling preliminary pretrial conference scheduled for 8/4/14. Case Management and Scheduling Order to follow. (VMF) (ctp) |
| Filing 91 CASE MANAGEMENT REPORT. (Coben, Larry) |
| Filing 90 MOTION to modify Subpoena that Seeks a Protected Matter by The City of Kissimmee. (Attachments: #1 Exhibit Order of Expungement, #2 Exhibit Motion to Re-Open Action and Request Clarification, #3 Exhibit Executed Order on Joint Motion to Re-Open Action and Request For Clarification)(Bogan, Bruce) Modified on 7/28/2014 (CH). REFERRED TO THE MAGISTRATE JUDGE. |
| Filing 89 Remark: Doc. #88 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 7/1/2014. (LLM) |
| Filing 88 CERTIFICATE of interested persons and corporate disclosure statement re #17 Interested persons order by Ed Tucker Distributor, Inc. identifying Corporate Parent Lacy Distribution, Inc., Corporate Parent Velocity Holding Company, Inc., Corporate Parent Velocity Pooling Vehicle LLC for Ed Tucker Distributor, Inc... (Klein, Steven) |
| Filing 87 ANSWER and affirmative defenses with Jury Demand to #79 Amended Complaint by Ed Tucker Distributor, Inc..(Klein, Steven) |
| Filing 86 ANSWER and affirmative defenses with Jury Demand to #79 Amended Complaint by Yamaha Motor Corporation, U.S.A..(Hosley, Frank) |
| Filing 85 ANSWER and affirmative defenses with Jury Demand to #79 Amended Complaint by Yamaha Motor Co., Ltd..(Hosley, Frank) |
Filing 84
ORDER granting #81 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 6/25/2014. (PAB)
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| Filing 83 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney C. Scott Toomey, appearing on behalf of Ed Tucker Distributor, Inc. (Filing fee $10 receipt number ORL-035116.) Related document: #81 MOTION for C. Scott Toomey to appear pro hac vice. (LMM) (LMM). |
| Filing 82 Written designation and consent to act by Ernest H. Eubanks, Jr on behalf of Ed Tucker Distributor, Inc.. Local Counsel: Ernest H. Eubanks, Jr.. Non-Resident Counsel: C. Scott Toomey. (Eubanks, Ernest) |
| Filing 81 MOTION for C. Scott Toomey to appear pro hac vice by Ed Tucker Distributor, Inc.. (Eubanks, Ernest) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 80 NOTICE of Appearance by Steven Ira Klein and Ernest H. Eubanks, Jr. on behalf of Ed Tucker Distributor, Inc. (Klein, Steven) Modified on 6/24/2014 (LMM). |
| Filing 79 Second AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. Related document: #57 Amended Complaint filed by Troy Walker, Joan Walker.(Coben, Larry) Modified on 5/21/2014 (LMM). ). |
Filing 78
ORDER: Plaintiffs are DIRECTED to file the Second Amended Complaint (filed as Exhibit A to the Stipulation (Doc. 77, pp. 5-62)) as a separate docket entry. Defendants' responses to the Second Amended Complaint remain due on or before Monday, June 30, 2014. Signed by Judge Roy B. Dalton, Jr. on 5/19/2014. (VMF)
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| Filing 77 MOTION/STIPULATION to Amend Caption and Complaint by Joan Walker, Troy Walker, Yamaha Motor Corporation, U.S.A., Yamaha Motor Co., Ltd. (Coben, Larry) Modified on 5/19/2014 (LMM). |
| Set/reset deadlines/hearings: Second Amended complaint due by 6/10/2014, Case management report due by 7/29/2014 (LMM) |
| Filing 76 NOTICE of hearing: Preliminary Pretrial Conference set for 8/4/2014 at 01:30 PM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (VMF) (ctp) |
Filing 75
ORDER Setting deadlines. See Order for Details. Signed by Judge Roy B. Dalton, Jr. on 5/14/2014. (VMF)
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| Filing 74 NOTICE by Joan Walker, Troy Walker Joint Notice Regarding Entry Of A Case Management Conference And Scheduling Order (Coben, Larry) |
| Filing 73 NOTICE by Joan Walker, Troy Walker Plaintiffs' Notice Regarding Intent To Effectuate Service of Process On Defendant MHR Helmets/Jiangmen Pengcheng Helmets (Coben, Larry) |
Filing 72
ORDER directing compliance with this Court Order. Responses due by 5/5/2014. Signed by Judge Roy B. Dalton, Jr. on 4/24/2014. (VMF)
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| Filing 71 Affidavit of service of 1st Amended Complaint and Summons Upon Tucker Rocky Distributing. by Troy Walker, Joan Walker. (Coben, Larry) Modified on 4/16/2014 (LMM). |
| Filing 70 Affidavit of service of 1st Amended Complaint and Summons Upon MHR Helmets/Jiangmen Pengcheng Helmets, Ltd. by Troy Walker, Joan Walker . (Coben, Larry) Modified on 4/16/2014 (LMM). |
| Filing 69 NOTICE canceling preliminary pretrial conference hearing scheduled for 4/17/14 (VMF) (ctp) |
| Filing 68 STATUS report Joint Statement Regarding Service of Foreign Corporation Defendants Tucker Rocky Distributing and MHR Helmets/Jiangmen Pencheng Helmets, Ltd. by Joan Walker, Troy Walker. (Coben, Larry) |
Filing 67
ENDORSED ORDER granting #66 Motion to remove attorneys from service list for CM/ECF notices of electronic filing. Signed by Magistrate Judge Gregory J. Kelly on 3/3/2014. (PAB)
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| Filing 66 MOTION for miscellaneous relief, specifically remove attorneys from service list by KBC America, Inc.. (Eubanks, Ernest) |
| Filing 65 ANSWER and affirmative defenses to Complaint with Jury Demand (First Amended Complaint) by Yamaha Motor Co., Ltd..(Hosley, Frank) |
| Filing 64 ANSWER and affirmative defenses to Complaint with Jury Demand (First Amended Complaint) by Yamaha Motor Corporation, U.S.A..(Hosley, Frank) |
| Filing 63 SUMMONS issued as to Tucker Rocky Distributing. (The date on the summons form showing the issuance on 2/17/14 is incorrect. Counsel has been notified that the summons actual issuance date was 2/18/14) (RDO) |
| Filing 62 SUMMONS issued as to MHR Helmets/Jiangmen Pengcheng Helmets Limited. (The date on the summons form showing the issuance on 2/17/14 is incorrect. Counsel has been notified that the summons actual issuance date was 2/18/14) (RDO) |
| Filing 61 NOTICE: Counsel is advised that they shoud be prepared to discuss at the hearing on April 17, 2014, inter alia, the number of hours of deposition time that would be sufficient in total for both sides. (VMF) (ctp) |
| Filing 60 NOTICE of hearing: Preliminary Pretrial Conference set for 4/17/2014 at 02:30 PM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. (VMF) (ctp) |
| Filing 59 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: PRELIMINARY PRETRIAL CONFERENCE held on 2/18/2014. Court Reporter: Amie First (VMF) |
Filing 58
ENDORSED ORDER denying as moot #52 Defendant, Yamaha Motor Corporation, U.S.A.'s Motion to Dismiss Complaint, or, Alternatively, for a More Definite Statement and Incorporated Memorandum of Law, in light of #56 Stipulation to Amend Caption and Complaint. Signed by Judge Roy B. Dalton, Jr. on 2/7/2014. (LLM)
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| Filing 57 AMENDED COMPLAINT 1st Amended Complaint and Demand For Jury Trial against named defendants with Jury Demand. filed by Troy Walker.(Coben, Larry) Modified on 2/7/2014 (CH). |
| Filing 56 STIPULATION StipulationTo Amend Caption and Complaint by Joan Walker Troy Walker, Yamaha Motor Co. Ltd and Yamaha Motor Corporation, U.S.A. (Coben, Larry) Modified on 2/7/2014 (CH). |
| Filing 55 NOTICE of hearing: Preliminary Pretrial Conference set for 2/18/2014 at 11:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (VMF) (ctp) |
Filing 54
ORDER granting #53 Motion for Extension of Time to File Response/Reply re #52 MOTION to Dismiss Complaint. Responses due by 2/6/2014. Signed by Judge Roy B. Dalton, Jr. on 1/30/2014. (VMF)
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| Filing 53 Motion to Extend Deadline to February 6, 2014 for Plaintiffs To File Their Response To re #52 Motion To Dismiss Complaint, Or, Alternatively, For A More Definite Statement by all parties. (Coben, Larry) Modified on 1/28/2014 (MAL). |
| Filing 52 MOTION to Dismiss Complaint , or, Alternatively, For A More Definite Statement and Incorporated Memorandum of Law by Yamaha Motor Corporation, U.S.A.. (Lee, Nhan) |
| Filing 51 CASE MANAGEMENT REPORT. (Hosley, Frank) |
Filing 50
ORDER denying as moot #44 Motion for Leave to File; denying without prejudice #7 motion to dismiss. Motorcycle Clinic, Inc. is terminated as a party to this suit. Signed by Judge Roy B. Dalton, Jr. on 1/6/2014. (VMF)
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| Set/reset deadlines/hearings Case management report due by 1/10/2014 (CH) |
Filing 49
ORDER: The parties are DIRECTED to file their case management report on or before Friday, January 10, 2014. Signed by Judge Roy B. Dalton, Jr. on 12/8/2013. (VMF)
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| Filing 48 Remark: Doc. #46 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 11/27/13. (RTH) |
| Filing 47 STIPULATION of the Parties Requesting Additional Time to Hold Case Management Conference and Submit Case Management Report in Compliance with Local Rule 3.05 by Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
| Filing 46 CERTIFICATE of interested persons and corporate disclosure statement re #17 Interested persons order by Motorcycle Clinic, Inc.. (Tosh, Elizabeth) |
| Filing 45 NOTICE of pendency of related cases per Local Rule 1.04(d) by Motorcycle Clinic, Inc.. Related case(s): Yes (Tosh, Elizabeth) |
| Filing 44 Second re #35 MOTION for leave to file Plaintiffs' Unopposed Motion For Leave To File Reply by All Plaintiffs. (Attachments: #1 Main Document Platintiffs' Separate Statement, Pursuant to Local Rule 3.01(g) of Federal Rules of Civil Procedure)(Coben, Larry) Modified on 11/26/2013 (MAL). |
| Filing 43 NOTICE of Filing Motorcycle Clinic, Inc.'s Certification of Interested Persons and Corporate Disclosure Statement by Motorcycle Clinic, Inc. (Tosh, Elizabeth) Modified on 11/26/2013 (MAL). (WILL REFILE DOCUMENT) |
| Filing 42 NOTICE of Filing Motorcycle Clinic, Inc.'s Notice of Pendency of Other Actions by Motorcycle Clinic, Inc. (Tosh, Elizabeth) Modified on 11/26/2013 (MAL). (WILL REFILE DOCUMENT) |
Filing 41
ENDORSED ORDER granting #40 Motion to Substitute Attorney. Signed by Magistrate Judge David A. Baker on 11/21/2013. (Baker, David)
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| Filing 40 MOTION to Substitute Attorney by All Plaintiffs. (Byron, Paul) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 39 NOTICE by ACE/ACE Fire Indemnity Insurance Company of Payment of Compensation and Medical Benefits and Claim of Lien Therefore (Darroch, Robert) |
| Filing 38 NOTICE of Appearance by Robert M. Darroch on behalf of ACE/ACE Fire Indemnity Insurance Company (Darroch, Robert) |
Filing 37
ENDORSED ORDER denying as moot #22 Amended Motion to Remand to State Court. Plaintiff has withdrawn the Motion (See Doc 35). Signed by Judge Roy B. Dalton, Jr. on 11/18/2013. (Dalton, Jr., Roy) Modified on 11/19/2013 (VMF).
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Filing 36
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) as well as Local Rule 3.01(d) #35 Motion for Leave to File Reply. Signed by Judge Roy B. Dalton, Jr. on 11/18/2013. (Dalton, Jr., Roy)
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| Filing 35 MOTION for Leave to File Reply by All Plaintiffs. (Coben, Larry) Modified on 11/18/2013 (LMM). |
Filing 34
ORDER to strike re: #33 Notice of unavailability filed by Motorcycle Clinic, Inc. Signed by Judge Roy B. Dalton, Jr. on 11/13/2013. (VMF)
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| Filing 33 **STRICKEN PURSUANT TO ORDER AT DOC. NO. #34 NOTICE of unavailability of counsel byMotorcycle Clinic, Inc. from 11/19/2013 to 11/30/2013. (Tosh, Elizabeth) Modified on 11/13/2013 (CH). |
| Filing 32 RESPONSE in Opposition re #22 Amended MOTION to remand to State Court filed by Yamaha Motor Corporation, U.S.A.. (Lee, Nhan) Modified on 11/6/2013 (MAL). |
| Filing 31 NOTICE by Motorcycle Clinic, Inc. of Filing Consent to Removal (Tosh, Elizabeth) |
Filing 30
ORDER granting #28 Amended and Corrected Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Gregory J. Kelly on 10/25/2013. (MDH)
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| Filing 29 Remark: Doc. #27 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 10/25/2013. (LLM) |
| Filing 28 Amended MOTION for Larry E. Coben and Jo Ann Niemi to appear pro hac vice by Joan Walker, Troy Walker. (Jaffe, Martin) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #17 Interested persons order by Joan Walker, Troy Walker. (Jaffe, Martin) |
| Filing 26 NOTICE of pendency of related cases re #16 Related case order and track 2 notice per Local Rule 1.04(d) by Joan Walker, Troy Walker. Related case(s): Yes (Jaffe, Martin) Modified on 10/25/2013 (MAL). |
Filing 25
ORDER denying #23 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 10/24/2013. (PAB)
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| Filing 24 Remark: Doc. #20 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 10/24/2013. (LLM) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney JoAnn Niemi, appearing on behalf of Troy Walker and Joan Walker re #28 Amended Motion (Filing fee $10 receipt number Orl-29118.). (CH) Modified on 10/25/2013 (MAL). |
| Filing 23 MOTION for Larry E. Coben and Jo Ann Niemi to appear pro hac vice by All Plaintiffs. (Jaffe, Martin) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 22 Amended MOTION to remand to State Court Filed Pursuant to 28 USC 1447(c) by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Jaffe, Martin) |
| Filing 21 NOTICE of pendency of related cases re #16 Related case order and track 2 notice per Local Rule 1.04(d) by Yamaha Motor Corporation, U.S.A.. Related case(s): yes (Hosley, Frank) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #17 Interested persons order by Yamaha Motor Corporation, U.S.A.. (Hosley, Frank) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Larry E. Coben, appearing on behalf of Plaintiffs (Filing fee $10 receipt number Orl-29085.). (CH) MOTION NOT FILED. |
| Filing 19 MOTION to remand to originally filed venue in Circuit Court by Joan Walker, Troy Walker. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Jaffe, Martin) Motions NO LONGER referred to Magistrate Judge Gregory J. Kelly. Modified on 10/22/2013 (CH). |
Filing 18
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #8 Motion for Protective Order and/or Motion to Quash. Signed by Magistrate Judge Gregory J. Kelly on 10/15/2013. (PAB)
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Filing 17
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/24/2013. Signed by Judge Roy B. Dalton, Jr. on 10/10/2013. (VMF) (ctp)
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| Filing 16 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/24/2013. Signed by Deputy Clerk on 10/10/2013. (Attachments: #1, #2, #3 )(VMF) (ctp) |
| Filing 15 NOTICE to counsel, Sean S. O'Connor, of Local Rule 2.01 (signed by deputy clerk). (copies mailed) (LMM) |
| Filing 14 NOTICE of payment of compensation and claim of lien therefore by ACE/ACE Fire Indemnity Insurance Company. Filed in State Court on an unknown date. (LMM) |
| Filing 13 NOTICE of consent to Removal by MK Sports, Industries, Inc. (improperly identified in Plaintiff's complaint as "KBC America, Inc. d/b/a Sparx Helmets") re #1 Notice of Removal. (LMM) |
| Filing 12 Special NOTICE of Appearance by Ernest H. Eubanks, Jr, Steven Ira Klein on behalf of defendant, MK Sports Industries, Inc. (improperly identified in Plaintiff's Complaint as "KBC America, Inc. d/b/a Sparx Helmets). Originally filed in State Court on an unknown date.(LMM) |
| Filing 11 NOTICE to counsel, Jennifer Cockroft, of Local Rule 2.01 (signed by deputy clerk). (copies mailed) (LMM) |
| Filing 10 NOTICE to counsel, Joann Niemi and Larry Coben, of Local Rule 2.02 (signed by deputy clerk). (copies mailed) (LMM) |
| Filing 9 NOTICE to counsel, John R. Overchuck and Paul B. Byron, of Local Rule 2.01 (signed by deputy clerk). (copies mailed) (LMM) |
| Filing 8 MOTION for protective order, MOTION to quash subpoenas by The City of Kissimmee. Filed in State Court on an unknown date. (LMM) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 7 MOTION to Dismiss Complaint by Yamaha Motor Corporation, U.S.A. Filed in State Court on an unknown date. (LMM) |
| Filing 6 ANSWER and affirmative defenses to #2 Complaint with Jury Demand by Motorcycle Clinic, Inc. Filed in State Court on an unknown date.(LMM) |
| Filing 5 RETURN of service executed on 5/7/13 by Troy Walker, Joan Walker as to KBC America, Inc. Filed in State Court on or about 6/26/13. (LMM) |
| Filing 4 RETURN of service executed on 5/15/13 by Troy Walker, Joan Walker as to Motorcycle Clinic, Inc. Filed in State Court on or about 6/26/13. (LMM) |
| Filing 3 RETURN of service executed on 5/14/13 by Troy Walker, Joan Walker as to Yamaha Motor Corporation, U.S.A. Filed in State Court on or about 6/26/13. (LMM) |
| Filing 2 COMPLAINT against KBC America, Inc., Motorcycle Clinic, Inc., Yamaha Motor Co., Ltd., Yamaha Motor Corporation, U.S.A. with Jury Demand filed by Troy Walker, Joan Walker. (Attachments: #1 Civil Cover Sheet) Filed in State Court on or about May 1, 2013.(LMM) |
| Filing 1 NOTICE OF REMOVAL from Osceola County Circuit Court, case number 2013-CA-001734PL filed in State Court on On or about May 1, 2013. Filing fee $ 400, receipt number ORL-028681 filed by Yamaha Motor Corporation, U.S.A. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3, #4 Exhibit 1 Part 4, #5 Exhibit 1 Part 5, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Civil Cover Sheet)(LMM) |
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