Driggers v. Forest River, Inc. et al
| Justin Driggers |
| Forest River, Inc. and Ford Motor Company |
| Lawrence Bowen |
| 8:2022cv00890 |
| April 14, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Mac R McCoy |
| Kathryn Kimball Mizelle |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
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Filing 85
ENDORSED ORDER: Doc. 84 is VACATED because it was entered in error. Signed by Judge Kathryn Kimball Mizelle on 5/15/2023. (JMP)
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| Filing 84 VACATED -- per Court's 85 Order. Entered in Error. MEDIATION ORDER. (JMP) Modified on 5/15/2023 to edit text and remove image. Wrong case. (AG). |
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Filing 83
ORDER dismissing case without prejudice. After thirty days, dismissal shall be with prejudice. The Clerk is directed to terminate any pending motions and deadlines, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 5/15/2023. (JMP)
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| Filing 82 NOTICE of settlement by Justin Driggers (Cremeens, Jeanne) |
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Filing 81
ENDORSED ORDER: Driggers' #80 motion for an extension of time to respond to Forest River's #60 motion for summary judgment and #62 motion to exclude Driggers' expert witness is GRANTED. Driggers must respond to both motions no later than May 15, 2023. Signed by Judge Kathryn Kimball Mizelle on 5/5/2023. (JMP)
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| Filing 80 Unopposed MOTION for Extension of Time to File Response/Reply as to #60 Amended MOTION for Summary Judgment and Incorporated Memorandum of Law, #62 MOTION to Strike /Exclude Plaintiff's Expert Witness, Alex Fischer, From Offering Any Evidence in this Case by Justin Driggers. (Cremeens, Jeanne) |
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Filing 79
ENDORSED ORDER: Plaintiff has filed #78 a Joint Stipulation of Dismissal with prejudice as to its action against Ford Motor Company. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272, 1278 (11th Cir. 2012). The Clerk is directed to terminate Ford Motor Company as a party to this action. Signed by Judge Kathryn Kimball Mizelle on 4/28/2023. (JMP)
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| Filing 78 STIPULATION of Dismissal by Justin Driggers. (Cremeens, Jeanne) |
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Filing 77
ENDORSED ORDER: At the #71 telephonic hearing on April 6, 2023, the Parties informed this Court that they agreed to submit a stipulation of dismissal as to Driggers' action against Ford Motor Company. Nearly three weeks later, no stipulation of dismissal appears. No later than April 28, 2023, the Parties must submit a stipulation of dismissal as to Driggers' suit against Ford Motor Company, or Plaintiff must respond to Ford Motor Company's now-terminated #53 motion for summary judgment. Signed by Judge Kathryn Kimball Mizelle on 4/25/2023. (JMP)
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| Filing 76 STATEMENT of Undisputed Facts in Support of Motion for Final Summary Judgment by Forest River, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rumker, Amanda) Modified text on 4/20/2023 (SET). |
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Filing 75
ENDORSED ORDER: Driggers' unopposed #74 motion for an extension of time to respond to Forest River's #60 amended motion for summary judgment and #62 motion to exclude Driggers' expert witness is GRANTED. Driggers must respond to Forest River's #60 amended motion for summary judgment and #62 motion to exclude his expert witness no later than May 8, 2023. Signed by Judge Kathryn Kimball Mizelle on 4/20/2023. (JMP)
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| Filing 74 Unopposed MOTION for Extension of Time to File Response/Reply as to #60 Amended MOTION for Summary Judgment and Incorporated Memorandum of Law, #62 MOTION to Strike /Exclude Plaintiff's Expert Witness, Alex Fischer, From Offering Any Evidence in this Case by Justin Driggers. (Cremeens, Jeanne) |
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Filing 73
ENDORSED ORDER: An April 6, 2023 order directed Forest River to submit a "Joint Statement of Undisputed Facts" and a statement that it attempted to confer, in good faith, with Driggers' counsel about the joint statement. Forest River #72 notifies this Court that Driggers refuses to specify which facts are disputed or to propose alternative facts. Accordingly, Forest River must submit a "Statement of Facts" no later than April 21, 2023. Forest River need not confer with Driggers and the Court will treat Forest River's statement as disputed by Driggers. Signed by Judge Kathryn Kimball Mizelle on 4/14/2023. (JMP)
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| Filing 72 CERTIFICATE of counsel Updated Certificate of Conferral on Statement of Facts in Support of Motion for Final Summary Judgment by John J. Glenn on behalf of Forest River, Inc. (Attachments: #1 Exhibit A - Communications) (Glenn, John) Modified text on 4/14/2023 (SET). |
| Filing 71 MINUTE ENTRY for 4/6/2023 Telephone Conference before Judge Kathryn Kimball Mizelle. Court Reporter: Bill Jones (GSO) |
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Filing 70
ENDORSED ORDER: In the light of the Parties' representations at today's telephonic hearing, Ford's #53, #64 pending motions and Driggers #63 motion for an order to show cause are DENIED as moot. Signed by Judge Kathryn Kimball Mizelle on 4/6/2023. (JMP)
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Filing 69
ENDORSED ORDER: No later than April 13, 2023, Forest River must submit a "Joint Statement of Undisputed Facts" in compliance with the #25 Case Management and Scheduling Order. That statement should include the good faith conferral with Driggers' counsel. Signed by Judge Kathryn Kimball Mizelle on 4/6/2023. (JMP)
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Filing 68
ENDORSED ORDER: Because Forest River #60 amended its motion for summary judgment, Forest River's original #57 motion for summary judgment is DENIED as moot. Signed by Judge Kathryn Kimball Mizelle on 4/6/2023. (JMP)
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| Filing 67 NOTICE of Hearing: Telephone Conference scheduled for April 6, 2023, at 4:00 PM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Counsel shall call the AT&T Toll-Free Teleconferencing Services line at 1-877-402-9753 and enter Access Code 5252356. The parties are advised to use a land-based telephone to access the conference. (GSO) |
| Filing 66 NOTICE of WITHDRAWAL of motion re #64 Motion for Leave to File Amicus Brief / Document filed by Ford Motor Company by Ford Motor Company (Bromagen, William) |
| Filing 65 CERTIFICATE of counsel re #64 MOTION for Leave to File Other Document :Certificate of Good Faith Effort by William L. Bromagen on behalf of Ford Motor Company (Bromagen, William) |
| Filing 64 MOTION for Leave to File Other Document :Certificate of Good Faith Effort by Ford Motor Company. (Bromagen, William) |
| Filing 63 MOTION for Order to Show Cause Why Defendant, FORD MOTOR COMPANY's Motion for Summary Judgment and Incorporated Memorandum of Law Should Not be Stricken as a Sanction for Failing to Comply With This Court's Case Management and Scheduling Order Dated June 10, 2022 by All Plaintiffs. (Cremeens, Jeanne) |
| Filing 62 MOTION to Strike /Exclude Plaintiff's Expert Witness, Alex Fischer, From Offering Any Evidence in this Case by Forest River, Inc. (Attachments: #1 Exhibit A - Plaintiff's Expert Disclosure, #2 Exhibit B - Alex Fischer's Deposition)(Glenn, John) Modified text on 4/4/2023 (SET). |
| Filing 61 CERTIFICATE of counsel of Conferral on Statement of Facts in Support of Motion for Final Summary Judgment by John J. Glenn on behalf of Forest River, Inc. (Glenn, John) |
| Filing 60 Amended MOTION for Summary Judgment and Incorporated Memorandum of Law by Forest River, Inc. (Glenn, John) Modified text on 4/4/2023 (SET). |
| Filing 59 NOTICE of Filing exhibits in Support of Motion for Final Summary Judgment by Forest River, Inc. (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)(Glenn, John) Modified text on 4/4/2023 (SET). |
| Filing 58 CERTIFICATE of counsel on Conferral on Statement of Facts in Support of Motion for Final Summary Judgment by John J. Glenn on behalf of Forest River, Inc. (Glenn, John) |
| Filing 57 MOTION for Summary Judgment and Incorporated Memorandum of Law by Forest River, Inc. (Glenn, John) Modified text on 4/3/2023 (SET). |
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Filing 56
ENDORSED ORDER: Forest River's #55 motion to submit a motion for summary judgment in excess of twenty-five pages is GRANTED. Forest River's motion may not exceed thirty-five pages. Signed by Judge Kathryn Kimball Mizelle on 4/3/2023. (JMP)
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| Filing 55 MOTION for Leave to File Other Document :File Motion for Final Summary Judgment Exceeding 25 Pages by Forest River, Inc. (Glenn, John) Modified text on 4/3/2023 (SET). |
| Filing 54 NOTICE in Support of #53 Motion for Summary Judgment by Ford Motor Company (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Bromagen, William) Modified text on 4/3/2023 (SET). |
| Filing 53 MOTION for Summary Judgment by Ford Motor Company. (Bromagen, William) |
| Filing 52 MEDIATION report Hearing held on 2-23-23. Hearing outcome: Impasse.(Cremeens, Jeanne) Modified text on 2/24/2023 (SET). |
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Filing 51
ORDER denying as moot and without prejudice #47 Ford Motor Company's Motion to Compel the In-Person Deposition of Plaintiff's Expert. The Clerk of Court is directed to cancel the hearing set for 1/30/2023. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/25/2023. (CM)
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| Filing 50 NOTICE of Filing by Ford Motor Company re #47 MOTION to Compel In-Person Deposition of Plaintiff's Expert (Bromagen, William) Modified text on 1/25/2023 (SET). |
| Filing 49 NOTICE of hearing on motion re #47 MOTION to Compel In-Person Deposition of Plaintiff's Expert. Motion Hearing set for 1/30/2023 at 02:00 PM via Zoom Video Conference before Magistrate Judge Mac R. McCoy. The Clerk of Court will transmit instructions for joining the video conference by separate email. (FN) |
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Filing 48
TEXT ORDER requiring an expedited response to Ford Motor Company's Motion to Compel the In-Person Deposition of Plaintiff's Expert (Doc. #47). Upon review, the Court finds good cause to modify the time in which Plaintiff may respond to the motion. See M.D. Fla. Rs. 1.01(b); 3.01(c). The Court, therefore, orders Plaintiff to respond to Ford Motor Company's Motion to Compel the In-Person Deposition of Plaintiff's Expert (Doc. #47) no later than 1/27/2023. Signed by Magistrate Judge Mac R. McCoy on 1/24/2023. (CM)
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| Filing 47 MOTION to Compel In-Person Deposition of Plaintiff's Expert by Ford Motor Company. (Bromagen, William) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 46
AMENDED MEDIATION ORDER: This case is set for mediation on February 23, 2023. Within seven days following the mediation conference, Lead Counsel shall file a Mediation Report. Signed by Judge Kathryn Kimball Mizelle on 12/13/2022. (JMP)
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| Filing 45 NOTICE of mediation conference/hearing to be held on February 23, 2023 at 2:00pm before Ken Bowen. (Cremeens, Jeanne) |
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Filing 44
ENDORSED ORDER granting #43 motion to reschedule mediation. No later than December 16, 2022, the parties must submit an amended mediation notice proposing a mediator, a location for mediation, and a date and time for mediation. Signed by Judge Kathryn Kimball Mizelle on 12/9/2022. (JMP)
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| Filing 43 MOTION for Miscellaneous Relief, specifically to Reschedule Mediation by Justin Driggers. (Cremeens, Jeanne) |
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Filing 42
ENDORSED ORDER clarifying the Court's earlier order. (Doc. 41.) Forest River and the other parties to this lawsuit are not required to file expert reports, expert disclosures, or witness lists on the docket. Rule 26(a)(2) and Rule 26(a)(3) require disclosure to "other parties" during discovery, but not to the Court. Signed by Judge Kathryn Kimball Mizelle on 12/2/2022. (JMP)
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Filing 41
ENDORSED ORDER granting Forest River's #40 motion for extension of time to file the expert report of Steve Roddy. Forest River must file Roddy's expert report no later than December 16, 2022. Further, although the #25 case management scheduling order requires Driggers to disclose all rebuttal experts by January 3, 2023, Driggers may disclose an expert rebutting Steve Roddy's report no later than January 18, 2023. Signed by Judge Kathryn Kimball Mizelle on 12/2/2022. (JMP)
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| Filing 40 MOTION for Extension of Time to File Expert Report by Forest River, Inc. (Rumker, Amanda) Modified text on 12/2/2022 (SET). |
| Filing 39 ***STRICKEN; DISCOVERY NOTICE ATTACHED; COUNSEL NOTIFIED*** NOTICE by Forest River, Inc. Expert Witness Disclosure (Rumker, Amanda) Modified text on 12/2/2022 (SET). |
| Filing 38 Witness List by Ford Motor Company. (Bromagen, William) |
| Filing 37 Witness List by Justin Driggers. (Cremeens, Jeanne) |
| Filing 36 ***STRICKEN; DISCOVERY NOTICE ATTACHED; COUNSEL NOTIFIED*** NOTICE by Ford Motor Company of Taking Deposition (Bromagen, William) Modified text on 10/11/2022 (SET). (SET). |
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Filing 35
ENDORSED ORDER: An earlier order (Doc. #31) directs Forest River to answer Driggers' complaint no later than September 7, 2022. On September 8, 2022, Forest River moved for an extension of time and answered. (Docs. #32, #33.) Forest River's motion is GRANTED. Signed by Judge Kathryn Kimball Mizelle on 9/9/2022. (JMP)
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| Filing 34 CERTIFICATE of compliance re #32 MOTION for Extension of Time to File Answer by Forest River, Inc. (Rumker, Amanda) Modified text on 9/9/2022 (SET). |
| Filing 33 ANSWER and affirmative defenses to Complaint with Jury Demand by Forest River, Inc.(Rumker, Amanda) Modified text on 9/9/2022 (SET). |
| Filing 32 MOTION for Extension of Time to File Answer by Forest River, Inc. (Rumker, Amanda) Modified text on 9/9/2022 (SET). |
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Filing 31
ORDER: Forest River's motion to dismiss (Doc. #20) is DENIED. Forest River must answer the plaintiff's complaint no later than September 7, 2022. Signed by Judge Steven D. Merryday on 8/24/2022. (JMP)
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Filing 30
MEDIATION ORDER: This case is set for mediation on December 7, 2022. Within seven days following the mediation conference, Lead Counsel shall file a Mediation Report. Signed by Judge Kathryn Kimball Mizelle on 8/15/2022. (JMP)
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| Filing 29 NOTICE of mediation conference/hearing to be held on December 7, 2022 at 2:00p.m. before Ken Bowen. (Cremeens, Patrick) |
| Filing 28 CERTIFICATE of interested persons and corporate disclosure statement by Forest River, Inc. (Glenn, John) Modified text on 7/20/2022 (AG). |
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Filing 27
ENDORSED ORDER: As required by Local Rule 3.03, Defendant Forest River must file a Disclosure Statement and Certification identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Defendant Forest River must file the foregoing by using the attachment in this action's Civil Case Order. (Doc. #6.) Defendant Forest River must file the Disclosure Statement and Certification no later than July 22, 2022. Signed by Judge Kathryn Kimball Mizelle on 7/19/2022. (SMR)
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| Filing 26 Case Reassigned to Magistrate Judge Mac R. McCoy. New case number: 8:22-cv-00890-KKM-MRM. Magistrate Judge Sean P. Flynn no longer assigned to the case. (SAO) |
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Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by March 3, 2023. Dispositive motions due by April 3, 2023. Pretrial Conference scheduled for October 12, 2023 at 1:30 PM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the November 2023 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by March 17, 2023. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 6/10/2022. (GSO)
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| Filing 24 CASE MANAGEMENT REPORT. (Cremeens, Jeanne) |
| Filing 23 RESPONSE in Opposition re #20 MOTION to Dismiss filed by Justin Driggers. (Cremeens, Jeanne) |
| Filing 22 NOTICE by Forest River, Inc. of Updated Conferral on Amended Motion to Dismiss (Glenn, John) |
| Filing 21 NOTICE by Forest River, Inc. of Conferral on Amended Motion to Dismiss (Glenn, John) |
| Filing 20 AMENDED MOTION to Dismiss Plainitff's Complaint by Forest River, Inc. (Glenn, John) Modified text on 5/2/2022 (AG). |
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Filing 19
ENDORSED ORDER denying without prejudice #18 Forest River Inc.'s Motion to Dismiss for failure to comply with Local Rule 3.01(g). Signed by Judge Kathryn Kimball Mizelle on 4/28/2022. (SMR)
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| Filing 18 MOTION to Dismiss Plaintiff's Complaint by Forest River, Inc. (Glenn, John) Modified text on 4/29/2022 (AG). |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Justin Driggers. (Cremeens, Jeanne) |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Justin Driggers. Related case(s): No (Cremeens, Jeanne) |
| Filing 15 NOTICE of Lead Counsel Designation by Jeanne M. Cremeens on behalf of Justin Driggers. Lead Counsel: Jeanne M. Cremeens. (Cremeens, Jeanne) |
| Filing 14 NOTICE by Forest River, Inc. of Consent to Removal (Glenn, John) |
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Filing 13
ENDORSED ORDER granting #9 Forest River's Motion for Extension of Time to Answer. Forest River must respond to Plaintiff's complaint no later than April 29, 2022. Signed by Judge Kathryn Kimball Mizelle on 4/24/2022. (SMR)
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| Filing 12 NOTICE of Lead Counsel Designation by William L. Bromagen on behalf of Ford Motor Company. Lead Counsel: William Bromagen. (Bromagen, William) |
| Filing 11 NOTICE of Lead Counsel Designation by John J. Glenn on behalf of Forest River, Inc. Lead Counsel: John J. Glenn. (Glenn, John) Modified text on 4/22/2022 (AG). |
| Filing 10 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (AG) |
| Filing 9 MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Forest River, Inc. (Rumker, Amanda) Modified text and event on 4/22/2022 (AG). |
| Filing 8 NOTICE of Appearance by Amanda N. Rumker on behalf of Forest River, Inc. (Rumker, Amanda) |
| Filing 7 NOTICE of Appearance by John J. Glenn on behalf of Forest River, Inc. (Glenn, John) |
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Filing 6
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet within forty days after removal for the purposes of preparing and filing a Case Management Report. Signed by Judge Kathryn Kimball Mizelle on 4/19/2022. (SMR)
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| Filing 5 ANSWER and affirmative defenses to Complaint with Jury Demand by Ford Motor Company.(Bromagen, William) |
| Filing 4 NOTICE to counsel Patrick J. Cremeens of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (CTR) |
| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0890-KKM-SPF. (SJB) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Ford Motor Company. (Bromagen, William) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Justin Driggers v. Forest River and Ford Motor Company, case number 2022-CA-002462 filed in State Court on 03/24/2022. Filing fee $ 402, receipt number AFLMDC-19463527 filed by Ford Motor Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Rathet, Brooks) |
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