State Farm Fire & Casualty Company v. Ford Motor Company
| State Farm Fire & Casualty Company |
| Ford Motor Company |
| Richard F McDevitt |
| 2:2017cv00436 |
| November 22, 2017 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| XX US, Outside State |
| James T Moody |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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| CASE DISMISSED with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (efc) |
| Filing 58 Joint STIPULATION to Dismiss with Prejudice by Defendant Ford Motor Company. (Shelby, Blake) |
Filing 57
NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge John E Martin is now terminated. All further matters will now be handled by Senior Judge James T Moody unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (smb)
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| Filing 56 SUPPLEMENT to #55 Reply to Response to Motion filed by Ford Motor Company. (Attachments: #1 Supplement #1 Deposition of Edward Nightingale pp. 52,84-85)(Shelby, Blake) |
| Filing 55 REPLY to Response to Motion re #47 MOTION for Summary Judgment filed by Ford Motor Company. (Shelby, Blake) |
| Filing 54 SUPPLEMENT to #53 Brief in Support Plaintiff's Response to Defendant's Motion for Summary Judgment filed by State Farm Fire & Casualty Company. (Attachments: #1 Supplement #1 Affidavit of Edward Nightingale, #2 Supplement #2 Affidavit of Devin Jordan, #3 Supplement #3 Deposition of Ross Ott, #4 Supplement Deposition of Thomas Kearns, #5 Supplement #5 Deposition of Edward Nightingale, #6 Supplement #6 Deposition of Devin Jordan)(Thomas, Patrick) |
| Filing 53 BRIEF in Support of #47 MOTION for Summary Judgment Plaintiff's Response filed by State Farm Fire & Casualty Company. (Thomas, Patrick) |
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Filing 52
ORDER granting #51 Motion for Extension of Time to File Response/Reply. Response to be filed by 7/1/2019. Approved by Magistrate Judge John E Martin on 6/5/2019. No pdf attached. (cp)
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| Filing 51 First MOTION for Extension of Time to File Response/Reply as to #47 MOTION for Summary Judgment by Plaintiff State Farm Fire & Casualty Company. (Thomas, Patrick) |
| Filing 50 Final REPORT of Mediation by Richard F McDevitt.(McDevitt, Richard) Modified on 5/29/2019 to reflect no agreement reached.(smb). |
| Filing 49 SUPPLEMENT to #47 MOTION for Summary Judgment , Designation of Evidence in Support, filed by Ford Motor Company. (Attachments: #1 Supplement 2. Deposition of Thomas E. Kearns, #2 Supplement 3. Deposition of Ross Ott, #3 Supplement 4. Deposition of Devin Jordan, #4 Supplement 5. Deposition of Edward Nightengale)(Shelby, Blake) |
| Filing 48 MEMORANDUM in Support of #47 MOTION for Summary Judgment filed by Ford Motor Company. (Shelby, Blake) |
| Filing 47 MOTION for Summary Judgment by Defendant Ford Motor Company. (Shelby, Blake) |
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Filing 46
ORDER granting #45 Motion to Continue. Discovery deadline is 8/1/2019. Expert Discovery deadline is 8/1/2019. Defendant supplemental/amended expert witness disclosures and reports to be delivered to the plaintiff by 5/31/2019. Mediation to be completed and report filed by 5/31/2019.Approved by Magistrate Judge John E Martin on 4/9/2019. No pdf attached.(cp)
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| Filing 45 Joint MOTION to Continue Case Management Deadlines by Defendant Ford Motor Company. (Shelby, Blake) |
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Filing 44
OPINION AND ORDER GRANTING #37 Motion to Extend Deadline for Plaintiff's Disclosure of Expert Reports and ORDERS that Plaintiff is to provide the expert report of Ott to Defendant on or before 4/1/2019, and to pay the reasonable additional expense incurred by Defendant in depositions or modifications to its expert reports that it would not have had to expend if the report had been timely provided. Signed by Magistrate Judge John E Martin on 3/22/19. (ksp)
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| Filing 43 REPLY to Response to Motion re #37 MOTION for Extension of Time to File Disclosure of Expert Reports filed by State Farm Fire & Casualty Company. (Thomas, Patrick) |
| Filing 42 RESPONSE to Motion re #37 MOTION for Extension of Time to File Disclosure of Expert Reports filed by Ford Motor Company. (Shelby, Blake) |
| Filing 41 BRIEF in Support of #37 MOTION for Extension of Time to File Disclosure of Expert Reports filed by State Farm Fire & Casualty Company. (Attachments: #1 Affidavit Exhibit A-Affidavit of Ross Ott, #2 Exhibit Exhibit B-Jordan Report, #3 Exhibit Exhibit C-Paylog, #4 Affidavit Exhibit D-Affidavit of Ricardo Hall, #5 Exhibit Exhibit E-Plaintiff's Discovery Responses, #6 Exhibit Exhibit F-Attachments to Discovery Responses, #7 Exhibit Exhibt G-Nightengale Report, #8 Exhibit Exhibit H-Plaintiff's Disclosures)(Thomas, Patrick) |
| Filing 40 MOTION HEARING held via teleph 1/9/2019 re #37 MOTION for Extension of Time to File Disclosure of Expert Reports filed by State Farm Fire & Casualty Company before Magistrate Judge John E Martin. Pla appeared by attys Patrick Thomas, Brian Williams. Dft appeared by attys Kevin Schiferl, Blake Shelby. Court ORDERS additional briefing on the motion. Pla's Brief in further support of the motion due by 1/24/2019. Defend's Response to be filed by 2/4/2018. Pla's Reply to be filed by 2/8/2019. On oral motion, the deadline to complete mediation and file a report is extended to and including 4/5/2019. (#FTR.) (smb) |
| Filing 39 RESPONSE to Motion re #37 MOTION for Extension of Time to File Disclosure of Expert Reports filed by Ford Motor Company. (Shelby, Blake) |
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Filing 38
ORDER: The Court hereby TAKES UNDER ADVISEMENT Plaintiff State Farm Fire & Casualty Company a/s/o Thomas E. Kearns Motion to Extend Deadline for Plaintiff's Disclosure of Expert Reports [DE 37], and SETS the matter for a hearing on January 9, 2019, at 1:30 p.m. Counsel may participate telephonically with notice to Courtroom Deputy Sue Brown-Nickerson at sue_brown@innd.uscourts.gov within 48 hours in advance of the conference. The Court STAYS Defendant's deadline for providing its expert disclosures and reports, and ORDERS that, if it has not already served the reports, it abstain from doing so until after the hearing. Signed by Magistrate Judge John E Martin on 12/17/18. (ksp)
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| Filing 37 MOTION for Extension of Time to File Disclosure of Expert Reports by Plaintiff State Farm Fire & Casualty Company. (Thomas, Patrick) |
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Filing 36
ORDER denying #35 Motion for Extension of Time to File with leave to refile a motion in compliance with Northern District of Indiana Local Rule 6-1(a). Approved by Magistrate Judge John E Martin on 12/3/2018. No pdf attached.(cp)
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| Filing 35 First MOTION for Extension of Time to File Disclosure of Expert Reports by Plaintiff State Farm Fire & Casualty Company. (Thomas, Patrick) |
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Filing 34
ORDER granting #32 Motion to Withdraw as Attorney. Attorney Lawrence A Kalina is hereby ORDERED WITHDRAWN. Text entry order. By Magistrate Judge John E Martin on 11/30/2018. (smb)
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| Filing 32 MOTION to Withdraw as Attorney for State Farm Fire & Casualty a/s/o Thomas E. Kearns ("State Farm") by Plaintiff State Farm Fire & Casualty Company. (Kalina, Lawrence) Modified on 11/30/2018 to term motion(smb). |
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Filing 31
ORDER granting #28 Motion to Withdraw as Attorney. Attorney Ricardo A Hall ORDERED WITHDRAWN. Text entry order. By Magistrate Judge John E Martin on 11/20/2018. (smb)
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Filing 30
ORDER granting #29 Motion for Extension of Time. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 12/17/2018.Approved by Magistrate Judge John E Martin on 11/20/2018. No pdf attached.(cp)
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| Filing 29 MOTION for Extension of Time to Amend Case Management Deadlines, Unopposed, by Defendant Ford Motor Company. (Shelby, Blake) |
| Filing 28 MOTION to Withdraw as Attorney by Plaintiff State Farm Fire & Casualty Company. (Hall, Ricardo) |
| Filing 27 NOTICE of Appearance by Patrick C Thomas on behalf of State Farm Fire & Casualty Company (Thomas, Patrick) |
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Filing 26
ORDER denying with leave to refile #25 Motion to Substitute Attorney. Signed by Magistrate Judge John E Martin on 10/17/18. (kjp)
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| Filing 25 MOTION to Substitute Attorney by Plaintiff State Farm Fire & Casualty Company. (Thomas, Patrick) |
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Filing 24
ORDER granting #23 Motion extension of time. Fact discovery deadline 3/1/2019. All Discovery deadline is 5/1/2019. Expert Discovery deadline is 5/1/2019 Defendant expert witness disclosures and reports to be delivered to the plaintiff by 12/3/2018. Mediation to be completed and report filed by 2/1/2019. Approved by Magistrate Judge John E Martin on 7/31/2018. No pdf attached.(cp)
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| Filing 23 Joint MOTION Joint Motion to Extend Case Management Deadlines re 14 Rule 16 Preliminary Pretrial Conference,,,, by Defendant Ford Motor Company. (Shelby, Blake) |
| Filing 22 NOTICE of Appearance by Lawrence A Kalina on behalf of State Farm Fire & Casualty Company a/s/o Thomas E. Kearns (Kalina, Lawrence) |
| Filing 21 First REPORT of Mediation by Richard F McDevitt.(McDevitt, Richard) Modified on 5/15/2018 to show mediation set for 8/9/2018 (smb). |
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Filing 20
ORDER striking 19 Disclosure filed by State Farm Fire & Casualty Company. Signed by Magistrate Judge John E Martin on 4/23/18. (kjp)
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Filing 18
PROTECTIVE ORDER granting #17 Motion for Protective Order. Signed by Magistrate Judge John E Martin on 4/4/2018. (jss)
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| Filing 17 MOTION for Protective Order (Stipulated) by Defendant Ford Motor Company. (Attachments: #1 Exhibit Ex. A-Stipulated Protective Order)(Shelby, Blake) |
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Filing 16
ORDER denying #15 Motion for Protective Order with leave to refile. No proposed protective order was attached to the instant Motion. Approved by Magistrate Judge John E Martin on 4/2/2018. No pdf attached. (cp)
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| Filing 15 MOTION for Protective Order (Stipulated) by Defendant Ford Motor Company. (Shelby, Blake) |
| Filing 14 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held by teleph 1/18/2018 before Magistrate Judge John E Martin. Pla appeared by atty Ricardo Hall. Dft appeared by attys Kevin Schiferl, Blake Shelby. All dates/ddl in joint plan #13 through close of discovery are approved and adopted herein. Any motion for leave to amend pleadings to be filed by 5/2/2018. Discovery deadline is 12/1/2018. Expert Discovery deadline is 2/1/2019. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 7/1/2018. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 9/1/2018. Initial Disclosures to be exchanged by 4/2/2018. Document identified in Initial Disclosures produced by 5/1/2018. Mediation to be completed by 8/1/2018. Richard McDevitt appointed as mediator. The summary judgment ddl per R26 shall not apply. All other dates/ddl to be set by the presiding trial judge upon conclusion of discovery. Magistrate Consent forms ddl extended to 2/8/2018. Any motion for protective order is to be filed as a motion attaching the proposed PTO as an exhibit and with proposed form of PTO emailed to martin_chambers@innd.uscourts.gov in wordperfect format.(#FTR.)(smb) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Shelby, Blake) |
| Filing 12 NOTICE by State Farm Fire & Casualty Company (Hall, Ricardo) |
| Filing 11 STATE COURT RECORD RECEIVED (docket sheet). State Court Case No. 45D10-1710-CT-00185. (nal) |
| Filing 10 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track).. (smb) |
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Filing 9
ORDER & NOTICE OF HEARING: Rule 16 Preliminary Pretrial Conference set for 1/18/2018 11:15 AM Central in US District Court - Hammond before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due 1/12/2018. Signed by Magistrate Judge John E Martin on 11/30/2017. (smb)
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Filing 8
ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 11/30/2017. (smb)
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| Filing 7 ANSWER to Complaint by Ford Motor Company.(Shelby, Blake) |
| Senior Judge James T Moody and Magistrate Judge John E Martin added. (NEW CASE) (jld) |
| Filing 5 NOTICE of Appearance by Kevin C Schiferl on behalf of Ford Motor Company (Schiferl, Kevin) |
| Filing 4 AFFIDAVIT of Service for Notice of Removal served on Richardo A. Hall on November 22, 2017, filed by Ford Motor Company. (Attachments: #1 Exhibit State Court Petition for Removal, #2 Exhibit USDC Notice of Removal, #3 Exhibit State Court Record, #4 Civil Cover Sheet)(Shelby, Blake) |
| Filing 3 Corporate Disclosure Statement by Ford Motor Company. (Shelby, Blake) |
| Filing 2 NOTICE of Appearance by Blake N Shelby on behalf of Ford Motor Company (Shelby, Blake) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-3417432.) from Lake County Superior Court, Cause No. 45D10-1710-CT-0185, filed by Ford Motor Company. (Attachments: #1 Exhibit A - State Court Record (Complaint, Summons, Summons, Appearance), #2 Civil Cover Sheet)(Shelby, Blake) |
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