Erwin v. Ford Motor Company, et. al.
| Erwin and Dennis Erwin |
| Ford Motor Company and Albert McClinton |
| 8:2016cv01322 |
| May 26, 2016 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Susan C Bucklew |
| Susan C Bucklew |
| Anthony E Porcelli |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2016. A more recent docket listing may be available from PACER.
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| Case transferred from Florida Middle has been opened in District of Delaware as case 1:16-cv-00874, filed 09/27/2016. (JNB) |
Filing 34
ENDORSED ORDER finding as moot #28 Motion to transfer case, because the Court already ruled on Plaintiff's motion to transfer #33. Signed by Judge Susan C Bucklew on 9/27/2016. (AAK)
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Filing 33
ORDER granting #30 Motion to transfer case. The Clerk is directed to transfer this case to the United States District Court for the District of Delaware and then to close the case. Signed by Judge Susan C Bucklew on 9/27/2016. (AAK)
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| Filing 32 RESPONSE to Motion re #30 MOTION to transfer case filed by Ford Motor Company. (Kennedy, Jessica) |
| Filing 31 MEMORANDUM in support re #30 Motion to transfer case filed by Dennis Erwin. (Downie, Dianne) |
| Filing 30 MOTION to transfer case by All Plaintiffs. (Downie, Dianne) |
| Filing 29 COUNSEL NOTIFIED TO REFILE WITH CORRECT ATTORNEY SIGNATURE AND LOGIN OF ATTORNEY SIGNING DOCUMENT MEMORANDUM in support re #28 Motion to transfer case filed by Dennis Erwin. (Downie, Dianne) Modified on 9/14/2016 (BSN). |
| Filing 28 First MOTION to transfer case by All Plaintiffs. (Attachments: COUNSEL CALLED AND REFILING MEMO CORRECTLY #1 Supplement MEMO IN SUPPORT OF MOTION TO TRANSFER)(Downie, Dianne) Modified on 9/14/2016 (BSN). |
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Filing 27
ORDER on #3 Ford's Motion to Dismiss Plaintiff's Complaint. The Court finds that it lacks personal jurisdiction over Ford; however, it defers its decision on Ford's motion to dismiss until it has had an opportunity to consider the supplemental briefing on Plaintiff's request to transfer this case to Ohio in its #17 response. See Order for deadlines. Signed by Judge Susan C Bucklew on 8/31/2016. (AAK)
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| Filing 26 NOTICE OF SELECTION of Rodney Max as mediator by Dennis Erwin. (Bodiford, Raymond) |
| Filing 25 REPLY to Response to Motion re #3 MOTION to Dismiss complaint, #20 MOTION for leave to file Reply to Plaintiffs' Response to Ford's Motion to Dismiss for Lack of Personal Jurisdiction filed by Ford Motor Company. (Kennedy, Jessica) |
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Filing 24
ENDORSED ORDER granting #20 Defendant, Ford Motor Company's, Motion for Leave to File Reply to Plaintiffs' Response to Ford's Motion to Dismiss. Defendant shall file its reply on or before July 26, 2016. Defendant's reply shall not exceed five pages and is limited to the following three issues identified by Defendant: (1) Plaintiff's argument that Daimler A.G. v. Bauman, 134 S.Ct. 746, 762 (2014), does not apply to domestic cases; (2) Plaintiff's argument that state case law regarding Due Process applies to cases in federal court; and (3) to move to strike Plaintiff's allegedly improper motion to transfer. Signed by Judge Susan C Bucklew on 7/19/2016. (AAK) Modified on 7/19/2016 (AAK).
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Filing 23
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: This case is set for a jury trial on the Court's October 2017 trial calendar. Discovery due by 5/3/2017, Dispositive motions due by 6/1/2017, Pretrial Conference set for 9/5/2017 at 08:30 AM in Tampa Courtroom 10 B before Judge Susan C Bucklew, Conduct mediation hearing by 5/17/2017. Lead counsel to coordinate dates. Signed by Judge Susan C Bucklew on 7/19/2016. (AAK)
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Filing 22
ENDORSED ORDER granting #21 Unopposed Motion to Stagger Expert Disclosure Deadlines in Case Management and Scheduling Order #19. The Court shall issue a second amended case management and scheduling order with the proper dates. Signed by Judge Susan C Bucklew on 7/19/2016. (AAK)
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| Filing 21 Unopposed MOTION to modify Expert Disclosure Deadlines in Case Management and Scheduling Order [DE 19] by Ford Motor Company. (Kennedy, Jessica) |
| Filing 20 MOTION for leave to file Reply to Plaintiffs' Response to Ford's Motion to Dismiss by Ford Motor Company. (Kennedy, Jessica) |
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Filing 19
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: This case is set for a jury trial on the Court's October 2017 trial calendar. Discovery due by 5/3/2017, Dispositive motions due by 6/1/2017, Pretrial Conference set for 9/5/2017 at 08:30 AM in Tampa Courtroom 10 B before Judge Susan C Bucklew, Conduct mediation hearing by 5/17/2017. Lead counsel to coordinate dates. Signed by Judge Susan C Bucklew on 7/18/2016. (AAK)
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Filing 18
ENDORSED ORDER denying #16 Ford Motor Company's Unopposed Motion for Protective Order to Stay Discovery and Case Management Deadlines and Memorandum of Law in Support or, in the alternative, Motion for Enlargement of Time. Signed by Judge Susan C Bucklew on 7/18/2016. (AAK)
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| Filing 17 RESPONSE to Motion re #3 MOTION to Dismiss complaint filed by Dennis Erwin. (Attachments: #1 Exhibit Affidavit of Dennis Erwin, #2 Exhibit Stipulation Letter, #3 Exhibit Affidavit of Raymond Bodiford, #4 Exhibit Excerpt from Ford Website, #5 Exhibit Florida Bar Journal, #6 Exhibit Gothard v. Ford Motor Company)(Bodiford, Raymond) |
| Filing 16 Unopposed MOTION for protective order to Stay Discovery and Case Management Deadlines and Memorandum of Law in Support or, in the Alternative, Motion for Enlargement of Time by Ford Motor Company. (Richman, Scott) Motions referred to Magistrate Judge Anthony E. Porcelli. |
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Filing 15
CASE MANAGEMENT AND SCHEDULING ORDER: This case is set for a jury trial on the Court's September 2017 trial calendar. Discovery due by 4/3/2017, Dispositive motions due by 5/1/2017, Pretrial Conference set for 8/8/2017 at 09:00 AM in Tampa Courtroom 10 B before Judge Susan C Bucklew, Conduct mediation hearing by 4/17/2017. Lead counsel to coordinate dates. Signed by Judge Susan C Bucklew on 7/1/2016. (AAK)
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| Filing 14 CASE MANAGEMENT REPORT. (Kennedy, Jessica) |
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Filing 13
ENDORSED ORDER granting #11 motion to appear pro hac vice. Carl A. Aveni is directed to sign up for CM/ECF, enter an email address in his CM/ECF account, and electronically file a notice of compliance with this Court's Order by July 25, 2016. The Clerk is directed not to send paper copies to him after sending this Order. Signed by Judge Susan C Bucklew on 6/24/2016. (AAK)
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Filing 12
ENDORSED ORDER granting #10 motion to appear pro hac vice. Stephen E. Van Gaasbeck is directed to sign up for CM/ECF, enter an email address in his CM/ECF account, and electronically file a notice of compliance with this Court's Order by July 25, 2016. The Clerk is directed not to send paper copies to him after sending this Order. Signed by Judge Susan C Bucklew on 6/24/2016. (AAK)
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| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Stephen E. Van Gaasbeck, appearing on behalf of Dennis Erwin (Filing fee $150 receipt number TPA037505.) Related document: #10 Unopposed MOTION for Stephen E. Van Gaasbeck to appear pro hac vice. (AG) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Carl A. Aveni, appearing on behalf of Dennis Erwin (Filing fee $150 receipt number TPA037504.) Related document: #11 Unopposed MOTION for Carl A. Aveni to appear pro hac vice. (AG) |
| Filing 11 Unopposed MOTION for Carl A. Aveni to appear pro hac vice by Dennis Erwin. (Attachments: #1 Exhibit Certificate of Good Standing)(Bodiford, Raymond) |
| Filing 10 Unopposed MOTION for Stephen E. Van Gaasbeck to appear pro hac vice by Dennis Erwin. (Attachments: #1 Exhibit Certificate of Good Standing)(Bodiford, Raymond) |
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Filing 9
ENDORSED ORDER granting #8 Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Plaintiff shall file a response to Defendant's Motion to Dismiss on or before July 15, 2016. Signed by Judge Susan C Bucklew on 6/9/2016. (AAK)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by All Plaintiffs. (Bodiford, Raymond) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 7 MEMORANDUM in support re #3 Motion to dismiss filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kennedy, Jessica) |
| Filing 6 NOTICE OF FILING AMENDMENT by Ford Motor Company re #1 Notice of Removal . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kennedy, Jessica) Modified on 6/2/2016 (BSN). |
| Filing 5 NOTICE of designation under Local Rule 3.05 - Track 2 (MSS) |
| Filing 4 AFFIDAVIT of Elizabeth Dwyer in support of re: #3 MOTION to Dismiss complaint by Ford Motor Company filed in State Court on 04/04/2016. (JEQ) |
| Filing 3 MOTION to Dismiss complaint by Ford Motor Company, Albert McClinton filed in State Court on 04/04/2016. (JEQ) |
| Filing 2 COMPLAINT against Ford Motor Company, Albert McClinton with Jury Demand filed by Dennis Erwin filed in State Court on 03/02/2016. (JEQ) |
| Filing 1 NOTICE OF REMOVAL from the 13th Judicial Circuit in and for Hillsborough County, Florida, case number 16-CA-002032 filed in State Court on 03/02/2016. Filing fee $ 400, receipt number TPA036980 filed by Ford Motor Company, Albert McClinton. (Attachments: #1 Summons and State Court Record, #2 Notice of filing, #3 Exhibit, #4 Civil Cover Sheet) (JEQ) |
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