Flynn et al v. FCA US LLC et al
Plaintiff: Brian Flynn, George Brown and Kelly Brown
Defendant: FCA US LLC and Harman International Industries, Inc.
Case Number: 3:2015cv00855
Filed: August 4, 2015
Court: US District Court for the Southern District of Illinois
Office: East St. Louis Office
County: St. Clair
Presiding Judge: Michael J. Reagan
Presiding Judge: Donald G. Wilkerson
Nature of Suit: Other Statutory Actions
Cause of Action: 15:2301
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 4, 2019 Opinion or Order Filing 514 ORDER re 513 October 3, 2019 Discovery Dispute Conference. Signed by Magistrate Judge Reona J. Daly on 10/4/2019. (nmf)
October 2, 2019 Opinion or Order Filing 511 ORDER re 494 Discovery Dispute Conference, 504 Discovery Dispute Conference. Signed by Magistrate Judge Reona J. Daly on 10/2/2019. (nmf)
April 18, 2019 Opinion or Order Filing 486 ORDER re 481 Discovery Dispute Conference. The Scheduling Order is AMENDED as follows: Discovery due by 8/9/2019., Dispositive Motions due by 8/23/2019. See order for additional dates and deadlines. Signed by Magistrate Judge Reona J. Daly on 4/18/2019. (nmf)
October 23, 2018 Opinion or Order Filing 431 ORDER re 430 Scheduling Conference. Signed by Magistrate Judge Donald G. Wilkerson on 10/23/2018. (sgp)
November 17, 2017 Opinion or Order Filing 312 ORDER DENYING 242 MOTION to Strike or Bar Borkowicz from Testifying as Expert filed by Michael Keith, George Brown, Kelly Brown, Brian Flynn. In light of the attached Order, the Court FINDS AS MOOT 310 Supplemental MOTION to Strike 242 MOTION to Strike or Bar Borkowicz from Testifying as Expert filed by Michael Keith, George Brown, Kelly Brown, Brian Flynn, and 311 Supplemental SEALED MOTION to Strike and Bar Borkowicz from Testfying as an Expert Wit ness (Supplement to Document 242) filed by Michael Keith, George Brown, Kelly Brown, Brian Flynn. Signed by Magistrate Judge Donald G. Wilkerson on 11/17/2017. (nms)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 21, 2017 Opinion or Order Filing 236 ORDER: For the reasons set forth in the attached Memorandum and Order, Defendants motions to dismiss (Docs. 152 , 154 , 158 ) are GRANTED in part and DENIED in part. Due to the significant number of dismissed counts and the numbering errors in the amended complaint, the Court DIRECTS Plaintiffs to file a second amended complaint on or before September 21, 2017, that complies with this Order and the Courts previous orders and that accurately numbers Plaintiffs claims. To avoid futur e confusion, Plaintiffs should not use Roman numerals to number the counts in their second amended complaint. Due to the forthcoming second amended complaint, the Court DENIES as MOOT Chryslers motions for summary judgment (Docs. 202 , 217 ), Plaintiffs motion to stay and sealed motion to stay briefing on the motions for summary judgment (Docs. 215 , 216 ), and Plaintiffs motion for leave to file excess pages (Doc. 226 ). Signed by Chief Judge Michael J. Reagan on 8/21/2017. (rah)
May 30, 2017 Opinion or Order Filing 183 ORDER GRANTING IN PART 170 MOTION for Sanctions Motion for Emergency Relief to Compel Corrective Action for and for Sanctions for Violation of the Protective Order filed by FCA US LLC; DENYING 178 Supplement filed by FCA US LLC. Signed by Magistrate Judge Donald G. Wilkerson on 5/30/2017. (nms)
January 10, 2017 Opinion or Order Filing 149 ORDER: The Court DISMISSES without prejudice Counts I, II, VII, VIII, XIV, XV, XXI, and XXII for failure to prosecute. The Court FINDS that without the arbitrable claims pending, there is no longer reason for the Browns claims to be stayed and hereby LIFTS the STAY ordered on September 23, 2016 (Doc. 114 ). The Court SETS a new briefing schedule for the parties. Defendants' motions to dismiss are due on or before February 6, 2017. Plaintiffs' response shall be filed on or before March 6, 2017. Defendants' replies, if necessary, shall be due on or before March 20, 2017. Signed by Chief Judge Michael J. Reagan on 1/10/17. (rah)
October 27, 2016 Opinion or Order Filing 138 ORDER re 135 Discovery Dispute Conference. Signed by Magistrate Judge Donald G. Wilkerson on 10/27/16. (sgp)
October 5, 2016 Opinion or Order Filing 123 ORDER re 122 Discovery Dispute Conference. Telephonic Status Conference set for 10/13/2016 at 10:00 AM ibefore Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 10/5/16. (sgp)
September 23, 2016 Opinion or Order Filing 115 ORDER: For the reasons stated in the attached memorandum and order, Chrysler and Harmon's jurisdictional motions (Docs. 66 & 71 ) are GRANTED IN PART and DENIED IN PART. Flynn and Keith lack standing to pursue damages for a risk of harm or a fear of that risk, so the defendants' motions to dismiss any claims linked to those non-economic damages are GRANTED, and those claims are DISMISSED without prejudice. Flynn and Keith also cannot seek a court-ordered recall, so Chrysler's m otion to dismiss the recall-related request is GRANTED, and the recall-related request is DISMISSED with prejudice. The other requests in Chrysler and Harmon's jurisdictional motions are DENIED. Once more, Chrysler and Harmon's motions to d ismiss for failure to state a claim (Docs. 68 & 71 ) are GRANTED IN PART and DENIED IN PART. The Michigan implied warranty claim is DISMISSED with prejudice as to Chrysler and Harmon for want of pre-suit notice, and the Illinois warranty claim is DISMISSED without prejudice as to Harmon for want of any privity allegations. The Magnuson-Moss Act claim predicated on Illinois law against Harmon is DISMISSED without prejudice for want of privity allegations. The Michigan common law fraud claims a re all DISMISSED with prejudice on economic loss grounds, and the Illinois common law fraudulent misrepresentation claim is DISMISSED without prejudice for failure to plead reliance. The Michigan and Illinois negligence claims are DISMISSED with prejudice on economic loss grounds. Chrysler and Harmon's remaining motions to dismiss are DENIED. Signed by Chief Judge Michael J. Reagan on 9/23/2016. (wtw)
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Plaintiff: Brian Flynn
Represented By: Christopher F. Cueto
Represented By: Lloyd M. Cueto
Represented By: Michael J. Gras
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Plaintiff: George Brown
Represented By: Christopher F. Cueto
Represented By: Lloyd M. Cueto
Represented By: Michael J. Gras
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Plaintiff: Kelly Brown
Represented By: Christopher F. Cueto
Represented By: Lloyd M. Cueto
Represented By: Michael J. Gras
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Defendant: FCA US LLC
Represented By: John W. Rogers
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Defendant: Harman International Industries, Inc.
Represented By: Elizabeth Mazzocco
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