Steel et al v. Ford Motor Company et al
| Alice Steel |
| Ford Motor Company, TK Holdings, Inc., Autoliv Asp, Inc. and Al Piemonte Ford Sales, Inc. |
| State Farm Insurance Company |
| 1:2011cv00460 |
| January 21, 2011 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2012. A more recent docket listing may be available from PACER.
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| Filing 62 MINUTE entry before Honorable Edmond E. Chang: Upon consideration of the filings, including yesterday's additional filings, State Farm's motion to vacate #55 is granted in part and denied in part. The protective order itself is vacated -- the case is terminated and thus there is no case-related reason to permit the order to continue operating past the case's termination. The parties simply must take their respective chances with regard to the car's modification or destruction. With regard to the storage costs, the June 2011 order did not address who would pay for storage costs. If State Farm was dissatisfied with paying costs, it could have moved for relief at the time (or, more likely, arrive at an arrangement with the parties). At this time, the case has been terminated and the Court has no authority to impose on either party for the storage costs. Mailed notice (slb, ) |
| Filing 61 RESPONSE by Alice Steel to MOTION by Movant State Farm Insurance Company to vacate #55 the Protective Order (Montgomery, James) |
| Filing 60 RESPONSE by Autoliv Asp, Inc., Ford Motor Company, TK Holdings, Inc. to MOTION by Movant State Farm Insurance Company to vacate #55 the Protective Order (Krivicich, John) |
| Filing 59 RESPONSE by Alice Steel to MOTION by Movant State Farm Insurance Company to vacate #55 Protective Order (Montgomery, James) |
| Filing 58 RESPONSE by Autoliv Asp, Inc., Ford Motor Company, TK Holdings, Inc. to MOTION by Movant State Farm Insurance Company to vacate #55 (Couture, Timothy) |
| Filing 57 MINUTE entry before Honorable Edmond E. Chang: On or before 02/14/12, Plaintiffs and Defendants shall file a concise response to State Farm's motion to vacate the protective order #55 , including the portion concerning costs of storage. However, before filing any response, counsel for the parties and for State Farm shall confer to determine whether there is an agreed course of action. Motion hearing of 02/07/12 is reset to 02/22/12 at 9:15 a.m. Mailed notice (slb, ) |
| Filing 56 NOTICE of Motion by Thomas Powers Scherschel for presentment of motion to vacate #55 before Honorable Edmond E. Chang on 2/7/2012 at 08:30 AM. (Scherschel, Thomas) |
| Filing 55 MOTION by Movant State Farm Insurance Company to vacate (Attachments: #1 Exhibit)(Scherschel, Thomas) |
| Filing 54 ATTORNEY Appearance for Movant State Farm Insurance Company by Thomas Powers Scherschel (Scherschel, Thomas) |
| Filing 53 MINUTE entry before Honorable Edmond E. Chang: Plaintiffs' motion to voluntarily dismiss #47 under Rule 41(a)(2) is granted. The action, and all counter-claims and cross-claims, are dismissed without prejudice. Although Defendants have sought to impose certain terms on the dismissal, the Court will not impose any other terms in light of Defendants' ability to apply for similar relief under Rules 41(d) and 26(c) if Plaintiffs were ever to refile the action. The Court understands Defendants' reasonable arguments (and appreciates their prompt responses), but imposing the terms now would foreclose the possibility that future circumstances could arise that would make the terms inappropriate. The reply brief schedule is vacated. Civil case terminated. Mailed notice (tlp, ) |
| Filing 52 RESPONSE by Autoliv Asp, Inc., TK Holdings, Inc. to MOTION by Plaintiff Alice Steel to dismiss Voluntary dismissal #47 Joint Supplemental Response (Rogers, John) |
| Filing 51 STATEMENT by Ford Motor Company Regarding Plaintiffs' Motion for Voluntary Dismissal and Ford's Motion for a Voluntary Dismissal of Contribution Counterclaim (Attachments: #1 Exhibit A)(Krivicich, John) |
| Filing 50 MINUTE entry before Honorable Edmond E. Chang:Defendants Autoliv and TK Holdings have filed a response #49 to Plaintiffs' motion for voluntary dismissal. The Court is awaiting Defendant Ford's response, but to maximize the time to reply, Plaintiffs shall file a concise reply to the responses on or before the close of business on 09/27/11. By the close of business on 09/23/11, Defendants Autoliv and TK Holdings shall file a supplemental response answering whether, if the Court does not impose all of the conditions sought in their response, Autoliv and TK Holdings would oppose the voluntary dismissal of the action. Defendant Ford should answer the same question in their response. All Defendants should bear in mind the following: (a) if Plaintiffs were to refile the case, Defendants could apply for some of the same relief under Rules 41(d) and 26(c); and (b) if Defendants' answer to the question is no, a potential alternative would be to grant in part Plaintiffs' motion to dismiss by dismissing Plaintiff's claim, and then the Plaintiff would file a motion to dismiss the counterclaim and cross-claim for lack of a case or controversy. Mailed notice (slb, ) |
| Filing 49 RESPONSE by Defendants Autoliv Asp, Inc., TK Holdings, Inc. : Joint Consent to Voluntary Dismissal Pursuant to Rule 41(a)(2) and Request for Terms and Conditions of Dismissal (Couture, Timothy) |
| Filing 48 MINUTE entry before Honorable Edmond E. Chang: Plaintiffs have filed a motion to voluntarily dismiss #47 . The motion appears to be appropriate, but Defendant TK Holdings filed a counter-claim and Defendant Autoliv filed a cross-claim, both of which would also be dismissed in light of Plaintffs' voluntary dismissal. In an abundance of caution, on or before the close of business on 09/23/11, all Defendants shall file a concise statement of position concerning Plaintiffs' motion. Mailed notice (slb, ) |
| Filing 47 MOTION by Plaintiff Alice Steel to dismiss Voluntary dismissal (Montgomery, James) |
| Filing 46 PROTECTIVE Order Signed by the Honorable Edmond E. Chang on 9/6/2011:Mailed notice(slb, ) |
| Filing 45 MINUTE entry before Honorable Edmond E. Chang: Defendants' unopposed motion to enter protective order #43 is granted in part. The parties shall add the following sentence to Paragraph 3 to comply with Local Rule 26.2(b): "However, before any document is filed under seal, the party wishing to maintain its confidentiality must seek prior leave of Court to file a document or portion of a document as restricted, and must show that filing under seal satisfies the limited grounds available to justify secrecy in court filings. Baxter Int'l v. Abbott Laboratories, 297 F.3d 544, 546-47 (7th Cir. 2002); Union Oil v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000). Mailed notice (slb, ) |
| Filing 44 NOTICE of Motion by John Edward Rogers for presentment of motion for protective order #43 before Honorable Edmond E. Chang on 9/12/2011 at 08:30 AM. (Rogers, John) |
| Filing 43 MOTION by Defendants Ford Motor Company, TK Holdings for protective order Stipulated Protective Order (Rogers, John) |
| Filing 42 CROSSCLAIM by Autoliv Asp, Inc. against Alice Steel for Contribution.(Couture, Timothy) |
| Filing 41 MINUTE entry before Honorable Edmond E. Chang: Defendant Autoliv's motion for leave to file cross-claim #37 is granted. The status hearing of 12/01/11 is moved up to 10/19/11 to check on the progress of fact discovery, which is set to close on 11/29/11. Mailed notice (slb, ) |
| Filing 40 Second Amended ANSWER to Complaint, Affirmative Defenses, and COUNTERCLAIM filed by TK Holdings against All Plaintiffs. by TK Holdings(Rogers, John) |
| Filing 39 Amended Notice of Motion NOTICE of Motion by Timothy R. Couture for presentment of motion for leave to file #37 before Honorable Edmond E. Chang on 9/6/2011 at 08:30 AM. (Couture, Timothy) |
| Filing 38 NOTICE of Motion by Timothy R. Couture for presentment of motion for leave to file #37 before Honorable Edmond E. Chang on 9/6/2011 at 08:30 AM. (Couture, Timothy) |
| Filing 37 MOTION by Defendant Autoliv Asp, Inc. for leave to file Crossclaim for Contribution (Attachments: #1 Exhibit Exhibit A)(Couture, Timothy) |
| Filing 36 STIPULATED Protective Order Signed by the Honorable Edmond E. Chang on 6/16/2011:Mailed notice(slb, ) |
| Filing 35 MINUTE entry before Honorable Edmond E. Chang: Today, the parties filed a Stipulated Protective Order R. #32 . The Court appreciates the parties' efforts to arrive at the agreed order, despite the potential disagreement described in paragraph 3. In order to give the protective order full force and effect, the parties shall promptly submit the proposed order via e-mail in Wordperfect format to Judge Chang's proposed order e-mail account. Additionally, the proposed order should include -- in the order itself, not just by reference -- all terms of the November 5, 2010 state-court order that the parties wish to enforce in federal court. In other words, the Court will sign and enter a protective order with all governing terms on the docket so that there is no question as to enforceability. Mailed notice (slb, ) Modified on 5/20/2011 (lp, ). |
| Filing 34 Additional Affirmative Defenses in ANSWER to Complaint by Ford Motor Company(Krivicich, John) |
| Filing 33 NOTICE by Autoliv Asp, Inc., Ford Motor Company, Alice Steel, TK Holdings re stipulation #32 Notice of Filing Stipulated Protective Order (Toohey, James) |
| Filing 32 STIPULATION Stipulated Protective Order (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Toohey, James) |
| Filing 31 AMENDED Answer by TK Holdings to Plaintiff's Complaint, Affirmative Defenses and COUNTERCLAIM filed by TK Holdings against All Plaintiffs. (Rogers, John) |
| Filing 30 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Autoliv Asp, Inc.(Couture, Timothy) |
| Filing 29 ANSWER to Complaint by Ford Motor Company (Attachments: #1 Exhibit)(Krivicich, John) |
| Filing 28 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. The parties informed the Court that the motion to dismiss filed in State Court will not be renewed. Defendants answer to be filed on or before 5/19/2011. Fact discovery to be completed by 11/29/2011. The parties are directed to submit by 5/19/2011 an agreed protective order governing the inspection of the vehicle and data download. Status hearing set for 12/1/2011 at 8:30a.m. Mailed notice (slb, ) |
| Filing 27 STATUS Report Parties Joint Initial Status Report and Corrected Certificate of Service by Ford Motor Company (Dawson, Brody) |
| Filing 26 STATUS Report Parties Joint Initial Status Report by Ford Motor Company (Dawson, Brody) |
| Filing 25 MINUTE entry before Honorable Edmond E. Chang:Status hearing set for 04/28/2011 at 8:30a.m. At least 4 business days before the initial status in this case, please file a joint initial status report (with a courtesy copy to the Courtroom Deputy), containing the following information: 1) The nature of the case, including the legal and factual issues; 2) Pending Motions and Case Plan; 3) Consent to Proceed Before a Magistrate Judge; and 4) Status of Settlement Discussions. (See Attachment #1)Mailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 24 MEMORANDUM Opinion and Order Signed by the Honorable Edmond E. Chang on 4/19/2011:Mailed notice(slb, ) |
| Filing 23 MINUTE entry before Honorable Edmond E. Chang: Plaintiffs' motion to remand #15 is denied. Mailed notice (slb, ) Modified on 4/20/2011 (lp, ). |
| Filing 22 MINUTE entry before Honorable Edmond E. Chang:Plaintiff's motion to remand #15 is under advisement. The status hearing of 04/14/2011 is reset to 04/28/2011 at 8:30a.m. Mailed notice (slb, ) |
| Filing 21 ATTORNEY Appearance for Defendant Ford Motor Company by Brody Elizabeth Dawson (Dawson, Brody) |
| Filing 20 REPLY by Alice Steel to response to motion #17 for remand (Montgomery, James) |
| Filing 19 RESPONSE by Autoliv Asp, Inc.in Opposition to MOTION by Plaintiff Alice Steel to remand #15 (Couture, Timothy) |
| Filing 18 RESPONSE by Defendant TK Holdings Joinder in Defendant Ford Company's Response to Plaintiff's Motion to Remand (Rogers, John) |
| Filing 17 RESPONSE by Ford Motor Company to MOTION by Plaintiff Alice Steel to remand #15 (Attachments: #1 Exhibit A-D)(Krivicich, John) |
| Filing 16 MINUTE entry before Honorable Edmond E. Chang: Defendants' response due 2/18/2011 to Plaintiffs' motion #15 to remand the proceedings in this case to the Circuit Court of Cook County. Reply due 2/28/2011. The status hearing scheduled for 2/16/2011 is reset to 4/14/2011 at 8:30a.m. Mailed notice (slb, ) |
| Filing 15 MOTION by Plaintiff Alice Steel to remand (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Montgomery, James) |
| Filing 14 ATTORNEY Appearance for Plaintiff Alice Steel by James Douglas Montgomery, Jr (Montgomery, James) |
| Filing 13 MINUTE entry before Honorable Edmond E. Chang: Status hearing set for 2/16/2011 at 8:30a.m.Mailed notice (slb, ) |
| Filing 12 MAILED Notice of Removal letter to counsel of record. (Attachments: #1 Letter)(lp, ) |
| Filing 11 NOTICE by Autoliv Asp, Inc. re other #10 (Filing Joinder in, and Consent to, Removal (Couture, Timothy) |
| Filing 10 Joinder and Consent to Removal by Autoliv Asp, Inc. (Couture, Timothy) |
| Filing 9 ATTORNEY Appearance for Defendant Autoliv Asp, Inc. by Timothy R. Couture (Couture, Timothy) |
| Filing 8 ATTORNEY Appearance for Defendant Autoliv Asp, Inc. by James K. Toohey (Toohey, James) |
| Filing 5 ATTORNEY Appearance for Defendant TK Holdings by John Edward Rogers (Rogers, John) |
| Filing 7 MOTION by Defendant TK Holdings for joinder in and consent to notice of removal. (lp, ) |
| Filing 6 ATTORNEY Appearance for defendant by David Reed. (lp, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ford Motor Company (Krivicich, John) |
| Filing 3 ATTORNEY Appearance for Defendant Ford Motor Company by John Augustine Krivicich (Krivicich, John) |
| Filing 2 CIVIL Cover Sheet (Krivicich, John) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (10 L 10761) filed by Ford Motor Company Filing fee $ 350, receipt number 0752-5631400. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Krivicich, John) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. (nsf, ) |
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