YEAGER et al v. EVENFLO COMPANY, INC. et al
Plaintiff: CARLA YEAGER, KAYLA M. YEAGER and DAWN SUMMERS
Defendant: EVENFLO COMPANY, INC. and FORD MOTOR COMPANY
Case Number: 4:2015cv00175
Filed: December 9, 2015
Court: US District Court for the Southern District of Indiana
Office: New Albany Office
Presiding Judge: Debra McVicker Lynch
Referring Judge: Richard L Young
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2019 Filing 205 Remark re #204 CLERK'S ENTRY FOR JANUARY 28, 2019 - Exhibits Destroyed on February 11, 2019. (JRB) (JRB)
January 28, 2019 Filing 204 CLERK'S ENTRY FOR JANUARY 28.2019 - Counsel are advised that the exhibits received in the above cause are now released and may be receipted for by contacting Jon Blankenberger at (812) 434-6470. The items will be disposed of on February 11, 2019, if not taken. Signed by Clerk, Laura A. Briggs. (JRB)
September 7, 2018 Filing 203 CLOSED DISMISSED - with prejudice, each party shall bear its own costs, including attorneys' fees. Signed by Judge Richard L. Young on 9/7/2018. (MAT)
September 6, 2018 Filing 202 STIPULATION of Dismissal with Prejudice, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
August 10, 2018 Opinion or Order Filing 201 ORDER Directing Filing of Documents Authorizing Dismissal - The court has been notified that the parties have agreed to a settlement of this case. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within thirty days of the date of this entry, counsel for the plaintiff shall file a motion to dismiss this cause and submit an order for the court's signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). Additional time to complete the execution of the settlement documents may be granted if requested in writing before expiration of this period. Signed by Magistrate Judge Debra McVicker Lynch on 8/10/2018. (MAT)
August 6, 2018 Opinion or Order Filing 200 MINUTE ORDER for proceedings held before Judge Richard L. Young. Final Pretrial Conference held on 8/3/2018. #146 Defendant's Motion to Exclude Mariusz Ziejewski is under advisement. #147 Defendant's Motion to Exclude the Opinion Testimony of William P. Munsell Regarding the Design of the Evenflo Tribute is under advisement. #148 Defendant's Motion to Exclude the Opinion Testimony of William P. Munsell Regarding the Design of the Evenflo Embrace is under advisement. #150 Plaintiffs' Motion to Exclude Defendant's Biomechanical Expert Sochor and Defendant's Restraint Expert Van Arsdell is under advisement. #165 Plaintiffs' Motion to Exclude Evidence of Past Drug Use by Kayla Yeager is under advisement. #166 Motion in Limine to Exclude Prejudicial Trial Tactics is granted. #167 Plaintiffs' Motion in Limine to Exclude Evidence or Testimony about the Criminal History and/or Drug Use of Steven J. Summers is under advisement. #168 Plaintiffs' Motion in Limine to Exclude Testimony or Evidence of Plaintiffs' Prior Settlements or Community Fundraising is granted. #169 Plaintiffs' Motion in Limine to Conform Defendant's Deposition Designations to the Order of Trial is under advisement. Parties will meet and confer to resolve this motion. #172 Defendant's Motion in Limine is granted in part and under advisement in part. Defendant's Motion is GRANTED with respect to motion number 2, 3, 4, 7, 12, 14, 15, 16, 17, 18, and 19; Defendant's Motion is GRANTED in PART with respect to motion number 1; Defendant's Motion is UNDER ADVISEMENT with respect to motion number 5, 6, 8, 9, 10, 11, and 12. The trial date of August 20, 2018, is affirmed. Signed by Judge Richard L. Young. (Court Reporter Maggie Techert.)(LBT)
August 1, 2018 Filing 199 OBJECTION to Plaintiffs' Final Exhibit List by EVENFLO COMPANY, INC.. Related document: #154 Exhibit List filed by KAYLA M. YEAGER, CARLA YEAGER, DAWN SUMMERS.(Cassetta, Richard)
August 1, 2018 Filing 198 OBJECTION to Defendant Evenflo's Trial Exhibit List by All Plaintiffs. Related document: #194 Exhibit List filed by EVENFLO COMPANY, INC..(Robinson, Jason)
July 25, 2018 Filing 197 STIPULATION of Fact, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
July 25, 2018 Filing 196 Witness List , filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
July 25, 2018 Filing 195 Proposed Voir Dire by All Plaintiffs. (Robinson, Jason)
July 25, 2018 Filing 194 Exhibit List , filed by Defendant EVENFLO COMPANY, INC.. (Cassetta, Richard)
July 25, 2018 Filing 193 Witness List , filed by Defendant EVENFLO COMPANY, INC.. (Cassetta, Richard)
July 25, 2018 Filing 192 Proposed Voir Dire by EVENFLO COMPANY, INC.. (Cassetta, Richard)
July 25, 2018 Filing 191 OBJECTION to Plaintiffs' Proposed Verdict Forms and Jury Instructions by EVENFLO COMPANY, INC.. Related document: #189 First MOTION for Leave to File Proposed Jury Instructions filed by KAYLA M. YEAGER, CARLA YEAGER, DAWN SUMMERS.(Cassetta, Richard)
July 25, 2018 Filing 190 TRIAL BRIEF by EVENFLO COMPANY, INC.. (Cassetta, Richard)
July 17, 2018 Filing 189 First MOTION for Leave to File Proposed Jury Instructions, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Exhibit Plaintiff's Proposed Jury Instructions, #2 Exhibit Verdict Form-Tribute, #3 Exhibit Verdict Form-Embrace)(Robinson, Jason)
July 13, 2018 Filing 188 Proposed Jury Instructions, filed by EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit 1 - Proposed Jury Instructions, #2 Exhibit 2 - MLLS Verdict Form, #3 Exhibit 3 - BDS Verdict Form)(Cassetta, Richard)
July 13, 2018 Filing 187 REPLY in Support of Motion re #172 MOTION in Limine , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit 1 - Ziejewski Deposition)(Cassetta, Richard)
July 13, 2018 Filing 186 OBJECTION TO EVENFLO'S COUNTER-DESIGNATIONS AND AMENDMENT TO DEPOSITION DESIGNATIONS OF ERIC DAHLE by CARLA YEAGER, KAYLA M. YEAGER. Related document: #180 Objection filed by EVENFLO COMPANY, INC..(Robinson, Jason)
July 12, 2018 Opinion or Order Filing 185 ORDER GRANTING MOTION FOR ORAL ARGUMENT ON DAUBERT MOTIONS - #149 Motion for Oral Argument is GRANTED. Oral Argument regarding #146 MOTION To Exclude Expert Testimony of Dr. Ziejewski, #147 MOTION To Exclude Expert Testimony of Dr. Munsell Related to Tribute, #148 MOTION To Exclude Expert Testimony of Dr. Munsell Related to Embrace, #150 First MOTION to Exclude Experts Sochor and Van Arsdell set for 8/3/2018 at 10:00 AM (Central Time) in room #310, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. Signed by Judge Richard L. Young on 7/12/2018.(LBT)
July 6, 2018 Filing 184 RESPONSE in Opposition re #172 MOTION in Limine of Defendant Evenflo, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Exhibit Deposition of Kayla Yeager, #2 Exhibit Deposition of Mariusz Ziejewski, Ph.D. Inz, #3 Exhibit Affidavit of William P. Munsell in Response to Def's MIL 6-10)(Robinson, Jason)
June 29, 2018 Filing 183 RESPONSE in Opposition re #167 MOTION in Limine on Steven Summers Past Bad Acts, #165 MOTION in Limine on Kayla Yeager's Past Drug Use , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit A-Depo Excerpts of Dawn Summers)(Cassetta, Richard)
June 29, 2018 Filing 182 RESPONSE in Opposition re #166 MOTION in Limine on Prejudicial Trial Tactics , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit A-Order - Stokes v. Ford, #2 Exhibit B-Motion - Stokes v. Ford)(Cassetta, Richard)
June 29, 2018 Filing 181 RESPONSE in Opposition re #169 MOTION in Limine to Conform Defendants' Deposition Designations to Order of Trial , filed by Defendant EVENFLO COMPANY, INC.. (Cassetta, Richard)
June 29, 2018 Filing 180 OBJECTION and Counter-Designations to the Deposition of Eric Dahle by EVENFLO COMPANY, INC.. Related document: #170 Submission filed by KAYLA M. YEAGER, CARLA YEAGER, DAWN SUMMERS.(Cassetta, Richard)
June 29, 2018 Filing 179 RESPONSE in Opposition re #168 MOTION in Limine re Past Settlements , filed by Defendant EVENFLO COMPANY, INC.. (Cassetta, Richard)
June 29, 2018 Filing 178 Submission Plaintiffs Yeagers' Objections to #171 Defendant Evenflo's Deposition Designations, filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason) Modified on 7/2/2018 to create link to related document (LBT).
June 20, 2018 Opinion or Order Filing 177 Order on Motions to Seal - The court GRANTS the motion #173 and directs the Clerk to SEAL #165 . A redacted version was filed at #174 . The court GRANTS the motion #175 and directs the Clerk to SEAL #153 . A redacted version was filed at #176 . SEE ORDER. Signed by Magistrate Judge Debra McVicker Lynch on 6/20/2018. (JRB)
June 19, 2018 Filing 176 REDACTION to #153 Response in Opposition to Motion to Exclude the Opinion Testimony of William P. Munsell, Jr. and Mariusz Ziejewski by DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Exhibit Deposition of William P. Munsell, #2 Exhibit Deposition of Mariusz Ziejewski, Ph.D. Inz., #3 Exhibit Affidavit of William P. Munsell (Evenflo Embrace), #4 Exhibit Affidavit of William P. Munsell (Evenflo Tribute), #5 Exhibit CV of Mariusz Ziejewski, Ph.D. Inz., #6 Exhibit Responsive Letter from Mariusz Ziejewski, Ph.D. Inz.)(Robinson, Jason)
June 19, 2018 Filing 175 MOTION to Seal Document #153 Response in Opposition to Motion to Exclude the Opinion Testimony of William P. Munsell, Jr. and Mariusz Ziejewski, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Text of Proposed Order Motion to Seal Document #153)(Robinson, Jason)
June 18, 2018 Filing 174 REDACTION to #165 MOTION in Limine on Kayla Yeager's Past Drug Use Redacted by DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
June 18, 2018 Filing 173 MOTION to Seal Document #165, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Text of Proposed Order re Motion to Seal Document #165)(Robinson, Jason)
June 15, 2018 Filing 172 MOTION in Limine , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit 1-Depo Excerpt of William Munsell)(Cassetta, Richard)
June 15, 2018 Filing 171 NOTICE of Filing of Deposition Designations by EVENFLO COMPANY, INC. (Cassetta, Richard)
June 15, 2018 Filing 170 Submission Plaintiffs' Trial Deposition Designations, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
June 15, 2018 Filing 169 MOTION in Limine to Conform Defendants' Deposition Designations to Order of Trial, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
June 15, 2018 Filing 168 MOTION in Limine re Past Settlements, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
June 15, 2018 Filing 167 MOTION in Limine on Steven Summers Past Bad Acts, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
June 15, 2018 Filing 166 MOTION in Limine on Prejudicial Trial Tactics, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
June 15, 2018 Filing 165 **SEALED PER NO. 177** MOTION in Limine on Kayla Yeager's Past Drug Use, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason) Modified on 6/20/2018 (JRB). Modified on 6/21/2018 (LBT).
June 7, 2018 Filing 164 NOTICE of Unavailability, filed by Defendant EVENFLO COMPANY, INC. (Church, Larry)
June 6, 2018 Filing 163 REPLY in Support of Motion re #150 First MOTION to Exclude Experts Sochor and Van Arsdell , filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
June 5, 2018 Filing 162 **PLEASE DISREGARD. CORRECTED DOCUMENT RE-FILED AT NO. 163.** REPLY in Support of Motion re #150 First MOTION to Exclude Experts Sochor and Van Arsdell , filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason) Modified on 6/6/2018 (LBT).
June 5, 2018 Filing 161 REPLY in Support of Motion re #147 MOTION To Exclude Expert Testimony of Dr. Munsell Related to Tribute , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit redacted expert depo)(Church, Larry)
June 5, 2018 Filing 160 REPLY in Support of Motion re #148 MOTION To Exclude Expert Testimony of Dr. Munsell Related to Embrace , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
June 5, 2018 Filing 159 REPLY in Support of Motion re #146 MOTION To Exclude Expert Testimony of Dr. Ziejewski , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
May 30, 2018 Filing 157 Witness List , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
May 30, 2018 Filing 156 Exhibit List , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
May 30, 2018 Filing 155 Witness List Final, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
May 30, 2018 Filing 154 Exhibit List Final, filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
May 29, 2018 Filing 158 Receipt of Original Deposition of Bruce Enz re #151 NOTICE of Filing of Original Deposition by EVENFLO COMPANY, INC. (LBT)
May 29, 2018 Filing 153 **SEALED PER NO. 177** RESPONSE in Opposition re #146 MOTION To Exclude Expert Testimony of Dr. Ziejewski, #148 MOTION To Exclude Expert Testimony of Dr. Munsell Related to Embrace, #147 MOTION To Exclude Expert Testimony of Dr. Munsell Related to Tribute , filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Exhibit Deposition of William P. Munsell, Jr., #2 Exhibit Deposition of Mariusz Ziejewski, Ph.D. Inz., #3 Exhibit Affidavit of William P. Munsell, Jr. (Evenflo Embrace), #4 Exhibit Affidavit of William P. Munsell, Jr. (Evenflo Tribute), #5 Exhibit CV of Mariusz Ziejewski, Ph.D. Inz., #6 Exhibit Responsive Letter from Mariusz Ziejewski, Ph.D. Inz.)(Robinson, Jason) Modified on 6/20/2018 (JRB). Modified on 6/21/2018 (LBT).
May 29, 2018 Filing 152 RESPONSE in Opposition re #150 First MOTION to Exclude Experts Sochor and Van Arsdell , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit Expert Affidavit, #2 Exhibit Expert Declaration, #3 Exhibit redacted expert report, #4 Exhibit redacted expert deposition, #5 Exhibit redacted expert report, #6 Exhibit redacted expert deposition)(Church, Larry)
May 25, 2018 Filing 151 NOTICE of Filing of Original Deposition by EVENFLO COMPANY, INC. (Church, Larry)
May 15, 2018 Filing 150 First MOTION to Exclude Experts Sochor and Van Arsdell, filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Exhibit Rough Draft Deposition Transcript of Sochor, #2 Exhibit Filed Under Seal, #3 Exhibit Filed Under Seal, #4 Exhibit Deposition Transcript of Van Arsdell, #5 Exhibit Deposition Transcript of Colin Boreham)(Robinson, Jason)
May 15, 2018 Filing 149 MOTION For Oral Argument on Daubert Motions, filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
May 15, 2018 Filing 148 MOTION To Exclude Expert Testimony of Dr. Munsell Related to Embrace, filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit redacted expert deposition, #2 Exhibit redacted expert report, #3 Exhibit redacted plaintiff deposition, #4 Exhibit redacted plaintiff deposition)(Church, Larry)
May 15, 2018 Filing 147 MOTION To Exclude Expert Testimony of Dr. Munsell Related to Tribute, filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit redacted expert report, #2 Exhibit redacted expert deposition)(Church, Larry)
May 15, 2018 Filing 146 MOTION To Exclude Expert Testimony of Dr. Ziejewski, filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit redacted expert report, #2 Exhibit redacted expert report, #3 Exhibit redacted expert report, #4 Exhibit redacted expert deposition, #5 Exhibit redacted plaintiff depositoin, #6 Exhibit redacted expert report, #7 Exhibit redacted expert report, #8 Exhibit redacted expert report, #9 Exhibit redacted expert deposition)(Church, Larry)
April 2, 2018 Filing 145 ENTRY from Settlement Conference held before Magistrate Judge Debra McVicker Lynch on 3/29/2018. The conference was held and concluded without settlement. Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
February 23, 2018 Filing 144 NOTICE of Unavailability, filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER (Robinson, Jason)
December 11, 2017 Filing 143 ENTRY ON PLAINTIFF DAWN SUMMERS' MOTION TO RECONSIDER ENTRY ON EVENFLO COMPANY'S MOTION FOR SUMMARY JUDGMENT - The court erred in granting Evenflo's Motion for Summary Judgment against the Estate. Accordingly, the Motion to Reconsider filed by Dawn Summers, as personal representative of the Estate of Steven J. Summers, (Filing No. #133 ) is GRANTED. See Entry for details. Signed by Judge Richard L. Young on 12/11/2017. (MAT)
October 25, 2017 Opinion or Order Filing 142 SCHEDULING ORDER: On October 16, 2017, on the defendant's unopposed motion, the court vacated the October 25, 2017 settlement conference and stated the settlement conference would be reset by separate order (Dkt. #141 ). The court now RESETS the Settlement Conference for 3/29/2018 at 9:00 AM (Eastern Time), in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. All other provisions of the court's Order Setting Settlement Conference and Related Deadlines (Dkt. #118 ) remain in full force and effect. Signed by Magistrate Judge Debra McVicker Lynch on 10/25/2017. (MAT)
October 16, 2017 Opinion or Order Filing 141 ORDER granting #139 Motion to Vacate Settlement Conference - IT IS ORDERED that the settlement conference set for October 25, 2017 is VACATED and will be reset by separate order. Signed by Magistrate Judge Debra McVicker Lynch on 10/16/2017. (MAT)
October 9, 2017 Filing 140 Submission of Proposed Order , re #139 MOTION to Vacate Settlement Conference, filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
October 5, 2017 Filing 139 MOTION to Vacate Settlement Conference, filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
September 25, 2017 Opinion or Order Filing 138 ORDER granting #136 Motion to Vacate - Final Pretrial Conference set for 12/28/2017 is VACATED and RESET for 8/8/2018 at 2:30 PM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. Jury Trial set for 1/16/2018 is VACATED and RESET for 8/20/2018 at 9:00 AM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. The court has allotted three weeks for this trial. Signed by Judge Richard L. Young on 9/25/2017. (MAT)
September 14, 2017 Filing 137 RESPONSE in Opposition re #133 MOTION for Reconsideration re #131 Order on Motion for Summary Judgment , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
September 13, 2017 Filing 136 Joint MOTION to Vacate Trial Dates, filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Text of Proposed Order order vacating)(Church, Larry)
September 11, 2017 Opinion or Order Filing 135 ORDER: AMENDED CASE MANAGEMENT PLAN APPROVED. However, the court has never vacated the current trial date of January 16, 2018, nor the final pretrial conference of December 28, 2017. Counsel must confer and file an appropriate motion with that request by September 20, 2017. Dispositive Motions due by 5/15/2018. Discovery due by 4/16/2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/11/2017. (MAT)
September 5, 2017 Filing 134 NOTICE of Service of Plaintiffs' Expert Disclosures, filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER (Robinson, Jason)
September 1, 2017 Filing 133 MOTION for Reconsideration re #131 Order on Motion for Summary Judgment , filed by Plaintiff DAWN SUMMERS. (Attachments: #1 Text of Proposed Order Order Granting Reconsideration)(Wheatley, Amy)
August 31, 2017 Filing 132 Stipulated Amended CASE MANAGEMENT PLAN TENDERED, filed by Defendant EVENFLO COMPANY, INC. . (Church, Larry)
August 4, 2017 Opinion or Order Filing 131 ENTRY ON EVENFLO COMPANY, INC.'S #86 MOTION FOR SUMMARY JUDGMENT - The court finds there exists an issue of fact on whether the Progressive Release does not bar the Yeager Plaintiffs from pursuing their claims against Evenflo, but that the Estate of Steven Summers may not pursue a claim under the Child Wrongful Death Act as a matter of law. Therefore, Evenflo's Motion for Summary Judgment is GRANTED in part and DENIED in part. SEE ORDER. Signed by Judge Richard L. Young on 8/4/2017. (JRB)
July 25, 2017 Opinion or Order Filing 130 ORDER granting #128 Motion to Appear pro hac vice - Attorney Dan H. Ball for EVENFLO COMPANY, INC. added. Signed by Magistrate Judge Debra McVicker Lynch on 7/25/2017. (MAT)
July 25, 2017 Filing 129 Submission of Signature Requirement re #128 MOTION for Attorney(s) Dan H. Ball to Appear pro hac vice (Filing fee $100, receipt number 0756-4458777) by EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit Certification of Dan Ball, #2 Text of Proposed Order Order Granting Pro Hac Vice)(Tawfik, Marc)
July 24, 2017 Filing 128 MOTION for Attorney(s) Dan H. Ball to Appear pro hac vice (Filing fee $100, receipt number 0756-4458777), filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit Ex A, Certification of Dan Ball, #2 Text of Proposed Order Order Granting Pro Hac Vice)(Church, Larry)
July 18, 2017 Opinion or Order Filing 127 ORDER on Motion to Seal (Dkt. 123) - The court GRANTS the motion (Dkt. #123 ) filed by plaintiff Dawn Summers, special administrator of the estate of Steven J. Summers, to seal paternity affidavits for M.L.L.S. and B.D.S. Ms. Summers has filed redacted versions of the affidavits. The clerk is directed to maintain under seal Dkts. 122-1 and 122-2. The cover page for these documents titled "Evidence Filed Pursuant to Court Order," at Dkt. 122, should be unsealed. Signed by Magistrate Judge Debra McVicker Lynch on 7/18/2017. (MAT)
July 13, 2017 Filing 126 Submission of Proposed Order , re #123 MOTION to Maintain Document Under Seal #122 SEALED Document (Case Participants - doc) Paternity Affidavits, filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
July 13, 2017 Filing 125 REDACTION to #121 Order by DAWN SUMMERS. (Attachments: #1 Exhibit Redacted affidavit of MLLS, #2 Exhibit Redacted affidavit of BDS)(Wheatley, Amy)
July 13, 2017 Filing 124 BRIEF/MEMORANDUM in Support re #123 MOTION to Maintain Document Under Seal #122 SEALED Document (Case Participants - doc) Paternity Affidavits , filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
July 13, 2017 Filing 123 MOTION to Maintain Document Under Seal #122 SEALED Document (Case Participants - doc) Paternity Affidavits, filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
July 13, 2017 Filing 122 SEALED Affidavits, re #121 Order, filed by Plaintiff DAWN SUMMERS. (Attachments: #1 **SEALED PER ORDER AT DKT. 127** Exhibit Paternity affidavit for MLLS, #2 **SEALED PER ORDER AT DKT. 127** Exhibit Paternity affidavit for BDS)(Wheatley, Amy) Modified on 7/18/2017 (MAT).
July 13, 2017 Opinion or Order Filing 121 ORDER to Submit Evidence - The Estate is ordered to submit a copy of the affidavit, and a copy of the court order (if there is one) establishing the custodial rights of Steven, on or before 7/26/17. Signed by Judge Richard L. Young on 7/13/2017.(TMD)
July 11, 2017 Opinion or Order Filing 120 ORDER granting #119 Motion to Dismiss - Plaintiffs' claims against Ford Motor Company are hereby DISMISSED. Signed by Judge Richard L. Young on 7/11/2017. (MAT)
July 11, 2017 Filing 119 Joint MOTION to Dismiss , filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
July 7, 2017 Opinion or Order Filing 118 SCHEDULING ORDER: Settlement Conference set for 10/25/2017 at 10:00 AM (Eastern), in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 7/7/2017. (MAT)
June 21, 2017 Opinion or Order Filing 117 ENTRY and ORDER from Status Conference held before Magistrate Judge Debra McVicker Lynch on 6/16/2017. Within 14 days of any order rescheduling the trial date, counsel shall confer and file a proposed modified schedule for the remaining pre-trial deadlines consistent with the court's order at Dkt. 111. Counsel are also permitted to propose modest additional modifications, as long as they are consistent with the trial date. The motion at Dkt. 110 is GRANTED. Plaintiff Dawn Summers must file her Supplemental Designation of Evidence within three business days of the entry of this order on the docket. Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
June 15, 2017 Opinion or Order Filing 116 ORDER granting #113 Motion to Appear pro hac vice. Attorney Richard P. Cassetta for EVENFLO COMPANY, INC. added. Signed by Magistrate Judge Debra McVicker Lynch on 6/15/2017. (LBT)
June 14, 2017 Filing 114 Submission of Proposed Order , re #113 MOTION for Attorney(s) Richard Cassetta to Appear pro hac vice (Filing fee $100, receipt number 0756-4401915), filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
June 14, 2017 Filing 113 MOTION for Attorney(s) Richard Cassetta to Appear pro hac vice (Filing fee $100, receipt number 0756-4401915), filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
June 12, 2017 Filing 112 REDACTED EXHIBITS in Support of #100 Reply in Support of Motion re #86 MOTION for Summary Judgment , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit Exhibit A - Initial Geico Release, #2 Exhibit Exhibit B - Executed Geico Release, #3 Exhibit Exhibit C - Progressive Fax)(Church, Larry) Modified on 6/13/2017 to indicate exhibits filed are redacted versions and link to related document (LBT).
June 9, 2017 Opinion or Order Filing 111 ORDER granting #108 Motion for Extension of Deadlines. All case management deadlines are extended by an additional 60 days. Telephonic Status Conference set for 6/16/2017 at 11:00 AM before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 6/9/2017.(LBT)
June 9, 2017 Filing 110 MOTION for Leave to File Supplement to Designation of Evidence in Opposition to Evenflo's MSJ, filed by Plaintiff DAWN SUMMERS. (Attachments: #1 Text of Proposed Order Granting Leave to Supplement Designation of Evidence)(Wheatley, Amy)
June 9, 2017 Opinion or Order Filing 109 ORDER Directing Evenflo to File Redacted Documents - On May 1, 2017, the court granted defendant Evenflo's motion to seal certain release documents and directed it to file appropriately redacted versions. Dkt. 105. Evenflo has not yet done so. Rather, twice it has filed versions that contain the names of the minor children. See Dkts. 100-1, 100-2, and 100-3; Dkts. 102-1, 102-2, and 102-3. Within three business days, Evenflo must file appropriate versions of the exhibits to its summary judgment reply brief that remove the names of the children; their names may be replaced with initials. Evenflo's filing must include a title page with the case caption and an index to the attached redacted exhibits. Signed by Magistrate Judge Debra McVicker Lynch on 6/9/2017. (MAT)
June 7, 2017 Filing 108 Joint MOTION for Extension of Time to all deadlines for a period of 60 days in which to #46 Order: Case ManagementScheduling Order , filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Text of Proposed Order)(Goebel, J.)
May 23, 2017 Filing 107 AMENDED ANSWER to #1 Complaint, filed by Defendant FORD MOTOR COMPANY. **Docketed per Order at dkt. 106. (MAT)
May 23, 2017 Opinion or Order Filing 106 ORDER granting #104 Motion to Amend Answer - Defendant Ford Motor Company moves for leave to file an amended answer to allege a defense that plaintiff Dawn Summers cannot recover because her deceased son, Steven J. Summers, had not been the childrens' custodial parent. No objection was filed to the motion. The court GRANTS Ford's motion (Dkt. #104 ) and directs the Clerk to docket the Amended Answer, at Dkt. 104-1. Signed by Magistrate Judge Debra McVicker Lynch on 5/23/2017. (MAT)
May 1, 2017 Opinion or Order Filing 105 ORDER granting #101 Motion to Seal Document - The court GRANTS the motion (Dkt. 101) filed by defendant Evenflo Company, Inc. to seal the release documentation it filed in support of its reply brief. Within three business days of the entry of this order on the docket, Evenflo must file appropriately redacted versions of these documents to remove references to M.L.L.S. and B.D.S. Its filing must include a title page with the case caption and an index to the attached redacted documents. The clerk is directed to maintain Dkts. 102-1, 102-2, and 102-3 under seal. Signed by Magistrate Judge Debra McVicker Lynch on 5/1/2017. (MAT)
May 1, 2017 Filing 104 MOTION to Amend/Correct its Answer to Plaintiffs' Complaint, filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Exhibit 1 - Amended Answer to Complaint, #2 Text of Proposed Order)(Schiferl, Kevin)
May 1, 2017 Filing 103 REPLY in Support of Motion re #86 MOTION for Summary Judgment , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
April 28, 2017 Filing 102 REDACTION to #100 Reply in Support of Motion by EVENFLO COMPANY, INC.. (Attachments: #1 **SEALED PER DKT. 105** Exhibit Exhibit A Initial Geico Release, #2 **SEALED PER DKT. 105** Exhibit Exhibit B Executed Geico Release, #3 **SEALED PER DKT. 105** Exhibit Exhibit C Progressive fax)(Church, Larry) Modified on 5/1/2017 (LBT). Modified on 5/1/2017 (MAT).
April 28, 2017 Filing 101 MOTION to Seal Document #100 Reply in Support of Motion , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Civil Cover Sheet, #2 Text of Proposed Order)(Church, Larry)
April 27, 2017 Filing 100 REPLY in Support of Motion re #86 MOTION for Summary Judgment , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 **SEALED PER DKT. 105. SEE NO. 112 FOR REDACTED EXHIBIT** Exhibit A Initial Geico Release, #2 **SEALED PER DKT. 105. SEE NO. 112 FOR REDACTED EXHIBIT** Exhibit B Executed Geico Release, #3 **SEALED PER DKT. 105. SEE NO. 112 FOR REDACTED EXHIBIT** Exhibit C Progressive fax)(Church, Larry) Modified on 5/1/2017 (LBT). Modified on 5/1/2017 (MAT). Modified on 6/13/2017 (LBT).
April 19, 2017 Opinion or Order Filing 99 ORDER granting #95 Motion to Maintain Documents Under Seal. The Clerk is directed to maintain #93 SEALED Document and #94 SEALED Document under seal. Signed by Magistrate Judge Debra McVicker Lynch on 4/19/2017. (LBT)
April 19, 2017 Filing 98 NOTICE of Filing Plaintiffs' Claims to Prove at Trial by CARLA YEAGER, KAYLA M. YEAGER (Goebel, J.)
April 18, 2017 Filing 97 Submission of Proposed Order , re #95 MOTION to Maintain Document Under Seal #93 SEALED Document (Case Participants - doc), #94 SEALED Document (Case Participants - doc) , filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
April 17, 2017 Filing 96 BRIEF/MEMORANDUM in Support re #95 MOTION to Maintain Document Under Seal #93 SEALED Document (Case Participants - doc), #94 SEALED Document (Case Participants - doc) , filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
April 17, 2017 Filing 95 MOTION to Maintain Document Under Seal #93 SEALED Document (Case Participants - doc), #94 SEALED Document (Case Participants - doc) , filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
April 17, 2017 Filing 94 SEALED BDS birth certificate re #92 Designation of Evidence re #91 Response in Opposition to #86 Motion for Summary Judgment, filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy) Modified on 4/18/2017 to create link to related documents (LBT).
April 17, 2017 Filing 93 SEALED MLLS birth certificate re #92 Designation of Evidence re #91 Response in Opposition to #86 Motion for Summary Judgment , filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy) Modified on 4/18/2017 to create link to related documents (LBT).
April 17, 2017 Filing 92 Designation of Evidence re #91 Response in Opposition to #86 Motion for Summary Judgment, filed by Plaintiff DAWN SUMMERS. (Attachments: #1 Exhibit 1 - redacted birth certificate, #2 Exhibit 2 - redacted birth certificate)(Wheatley, Amy) Modified on 4/18/2017 to create link to related motion (LBT).
April 17, 2017 Filing 91 RESPONSE in Opposition re #86 MOTION for Summary Judgment , filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
April 14, 2017 Filing 90 RESPONSE in Opposition re #86 MOTION for Summary Judgment , filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Order Denying Motion for Summary Judgment)(Goebel, J.)
March 29, 2017 Opinion or Order Filing 89 ORDER granting #88 Motion to Appear pro hac vice. Attorney Samantha R. Wilder for FORD MOTOR COMPANY added. Copy sent to Samantha Wilder via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 3/29/2017. (MAT)
March 28, 2017 Filing 88 MOTION for Attorney(s) Samantha R. Wilder to Appear pro hac vice (Filing fee $100, receipt number 0756-4293323), filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Schiferl, Kevin)
March 24, 2017 Filing 87 BRIEF/MEMORANDUM in Support re #86 MOTION for Summary Judgment , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Exhibit A)(Church, Larry)
March 23, 2017 Filing 86 MOTION for Summary Judgment , filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit Exhibit A)(Church, Larry)
March 10, 2017 Opinion or Order Filing 85 **PLEASE DISREGARD. DUPLICATE OF NO. 84** MINUTE ORDER for proceedings held before Magistrate Judge Debra McVicker Lynch. Telephonic Status Conference held on 3/8/2017. The conference was held and concluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (LBT) Modified on 3/10/2017 (LBT).
March 10, 2017 Opinion or Order Filing 84 ENTRY from Status Conference held before Magistrate Judge Debra McVicker Lynch on 3/8/2017. The conference was held and concluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
January 31, 2017 Opinion or Order Filing 83 ORDER RESETTING STATUS CONFERENCE (TIME ONLY): Because of a scheduling conflict, the court RESETS the currently scheduled Status Conference from 9:30 AM to 10:00 AM on 3/8/2017 before Magistrate Judge Debra McVicker Lynch. Signed by Magistrate Judge Debra McVicker Lynch on 1/31/2017.(LBT) Modified on 2/1/2017 to correct typo (LBT).
December 30, 2016 Opinion or Order Filing 82 SCHEDULING ORDER: Telephonic Status Conference set for 3/8/2017 at 9:30 AM (Eastern Time), before Magistrate Judge Debra McVicker Lynch. The parties are to contact the court at 317.229.3630 to participate in the conference. Where multiple counsel representing a party are participating in the conference, those counsel should call in to the court on a single line. Signed by Magistrate Judge Debra McVicker Lynch on 12/30/2016. (MAT)
October 27, 2016 Opinion or Order Filing 81 ENTRY from Status Conference held before Magistrate Judge Debra McVicker Lynch on 10/26/2016. The conference was held and concluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
September 29, 2016 Opinion or Order Filing 80 ORDER on Defendants' Motions for Leave to File Separate Summary Judgment Motions - #69 Evenflo's Motion for Leave to File Separate Motions for Summary Judgment and #70 Ford Motor Company's Motion for Joinder in Defendant Evenflo's Motion for Leave to File Separate Motions for Summary Judgment are DENIED. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/29/2016. (LBT)
September 15, 2016 Filing 79 REDACTION to #72 Response in Opposition to Motion Exhibit B, Release of Claims against Progressive Paloverde Insurance Company by CARLA YEAGER, KAYLA M. YEAGER. (Goebel, J.)
September 15, 2016 Filing 78 REDACTION to #72 Response in Opposition to Motion Exhibit A, Release of Claims against GEICO and Estate of Tory James Kreuger by CARLA YEAGER, KAYLA M. YEAGER. (Goebel, J.)
September 14, 2016 Opinion or Order Filing 77 ORDER granting #75 Motion to Seal Exhibits A and B to #72 Response in Opposition to Motion. IT IS FURTHER ORDERED that Plaintiffs are granted leave to file redacted versions of Exhibits A and B to Document #72 for the public record. Plaintiffs must include a cover page with their filing that includes the caption and a brief description of the attached redacted versions. Signed by Magistrate Judge Debra McVicker Lynch on 9/14/2016. (LBT)
September 14, 2016 Filing 76 REPLY in Support of Motion re #69 MOTION for Leave to File Separate Motions for Summary Judgment , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
September 13, 2016 Filing 75 MOTION to Seal Document #72 Response in Opposition to Motion [Exhibits A and B only], filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Attachments: #1 Text of Proposed Order)(Goebel, J.)
September 13, 2016 Filing 74 REPLY in Support of Motion re #70 MOTION for Joinder in Defendant Evenflo's Motion for Leave to File Separate Motions for Summary Judgment , filed by Defendant FORD MOTOR COMPANY. (Shelby, Blake)
September 12, 2016 Filing 73 RESPONSE in Opposition re #69 MOTION for Leave to File Separate Motions for Summary Judgment, #70 MOTION for Joinder in Defendant Evenflo's Motion for Leave to File Separate Motions for Summary Judgment , filed by Plaintiff DAWN SUMMERS. (Attachments: #1 Text of Proposed Order Denying Motions)(Wheatley, Amy)
September 12, 2016 Filing 72 RESPONSE in Opposition re #69 MOTION for Leave to File Separate Motions for Summary Judgment , filed by Plaintiff CARLA YEAGER. (Attachments: #1 **SEALED PER NO. 77** Exhibit A, #2 **SEALED PER NO. 77** Exhibit B, #3 Text of Proposed Order)(Goebel, J.) Modified on 9/13/2016 (LBT). Modified on 9/14/2016 (LBT).
September 8, 2016 Filing 71 Submission of Proposed Order , re #70 MOTION for Joinder in Defendant Evenflo's Motion for Leave to File Separate Motions for Summary Judgment, filed by Defendant FORD MOTOR COMPANY. (Shelby, Blake)
September 8, 2016 Filing 70 MOTION for Joinder in Defendant Evenflo's Motion for Leave to File Separate Motions for Summary Judgment, filed by Defendant FORD MOTOR COMPANY. (Shelby, Blake)
September 1, 2016 Filing 69 MOTION for Leave to File Separate Motions for Summary Judgment, filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(Church, Larry)
August 19, 2016 Opinion or Order Filing 68 SCHEDULING ORDER: Due to the modification of deadlines in this matter, the current trial setting of 7/24/17 and final pretrial setting of 7/13/17 are VACATED. Final Pretrial Conference RESET for 12/28/2017 at 3:00 PM in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. Jury Trial RESET for 1/16/2018 at 9:00 AM in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. The court has allotted 10 days for this trial. Signed by Judge Richard L. Young on 8/19/2016.(LBT)
August 16, 2016 Opinion or Order Filing 67 ORDER granting #66 Motion to Modify the Case Management Plan. Discovery due by 4/9/2017. Dispositive Motions due by 9/9/2017. The magistrate judge recommends that the trial in this case currently set for July 2017 be vacated and reset for January 2018, for 10 days. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 8/16/2016. (LBT)
July 22, 2016 Filing 66 MOTION to Modify Case Management Plan, filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
July 6, 2016 Opinion or Order Filing 65 ENTRY Discharging Order to Show Cause - The court, having reviewed the return to the order to show cause filed on June 30, 2016, hereby determines that the show cause issued to plaintiff Summers' counsel on June 29, 2016 (Dkt. #63 ), for their failure to participate in the June 28 conference is DISCHARGED. Signed by Magistrate Judge Debra McVicker Lynch on 7/6/2016. (MAG)
June 30, 2016 Filing 64 RESPONSE to Show Cause Order, filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
June 29, 2016 Opinion or Order Filing 63 ENTRY and ORDER from Status Conference held before Magistrate Judge Debra McVicker Lynch on 6/28/2016. The parties appeared by counsel with the exception of plaintiff Dawn Summers who failed to appear. Within seven days of this entry, counsel for Ms. Summers is to show cause, in writing, why they should not be sanctioned for their failure to participate in the June 28 conference. Telephone Status Conference set for 10/26/2016 at 11:30 AM (Eastern) before Magistrate Judge Debra McVicker Lynch. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
June 8, 2016 Filing 62 Witness List (Preliminary), filed by Defendant FORD MOTOR COMPANY. (Shelby, Blake)
June 8, 2016 Filing 61 Exhibit List (Preliminary), filed by Defendant FORD MOTOR COMPANY. (Shelby, Blake)
June 8, 2016 Filing 60 Witness List , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
June 8, 2016 Filing 59 Exhibit List , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
June 2, 2016 Opinion or Order Filing 58 ORDER granting #57 Motion to Appear pro hac vice. Attorney Sandra Giannone Ezell for FORD MOTOR COMPANY added. Copy sent to Sandra Giannone Ezell via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 6/2/2016. (MAG)
June 1, 2016 Filing 57 MOTION for Attorney(s) Sandra Giannone Ezell to Appear pro hac vice (Filing fee $100, receipt number 0756-3912861), filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Exhibit A - Certification of Sandra Giannone Ezell, #2 Text of Proposed Order)(Schiferl, Kevin)
May 19, 2016 Opinion or Order Filing 56 ORDER granting #48 Motion for Protective Order. Ford Motor Company's Motion for Entry of a Protective Order is GRANTED except for the modifications noted in the order. See order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/19/2016. (LBT)
May 10, 2016 Filing 55 Exhibit List Preliminary, filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
May 10, 2016 Filing 54 Witness List Preliminary, filed by Plaintiff DAWN SUMMERS. (Wheatley, Amy)
May 9, 2016 Filing 53 Witness List , filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
May 9, 2016 Filing 52 Exhibit List , filed by Plaintiffs CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
April 11, 2016 Filing 51 NOTICE of Service of Initial Disclosures , filed by Plaintiffs DAWN SUMMERS, CARLA YEAGER, KAYLA M. YEAGER. (Robinson, Jason)
April 8, 2016 Filing 50 NOTICE of Service of Initial Disclosures , filed by Defendant FORD MOTOR COMPANY. (Schiferl, Kevin)
April 8, 2016 Filing 49 NOTICE of Service of Initial Disclosures , filed by Defendant EVENFLO COMPANY, INC.. (Church, Larry)
April 4, 2016 Filing 48 MOTION for Protective Order , filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Exhibit A - Agreed Sharing Protective Order)(Schiferl, Kevin)
March 24, 2016 Opinion or Order Filing 47 SCHEDULING ORDER: Final Pretrial Conference set for 7/13/2017 at 11:00 AM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. Jury Trial set for 7/24/2017 9:00 AM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. The court has allotted five days for this trial. Signed by Judge Richard L. Young on 3/24/2016. (MAG)
March 23, 2016 Opinion or Order Filing 46 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED: Parties appeared by counsel on March 8, 2016, for an Initial Pretrial Conference. Dispositive Motions due by 3/9/2017. Discovery due by 10/9/2016. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 3/23/2016. (MAG)
March 11, 2016 Opinion or Order Filing 45 ENTRY and ORDER from Initial Pretrial Conference held before Magistrate Judge Debra McVicker Lynch on 3/8/2016. The case management plan submitted in this case is approved as modified to include (1) Sec. III E. The parties shall submit (not file) courtesy copies of their respective demand and response at the time of service via email to judgelynchchambers@insd.uscourts.gov. There is no need to follow the email with a hard copy; (2) Sec. III. G. is deleted and will provide instead: "The parties expect that expert testimony may be used in connection with summary judgment briefing and have adopted deadlines in section IV.B. to address expert discovery consistent with that expectation."; (3) the discovery deadline is corrected to October 9, 2016; and (4) the modifications set forth on the approval page (last page) of the document. The motions at #32 and #40 are DENIED AS MOOT in light of the stipulation at Dkt. 44. Telephone Status Conference set for 6/28/2016 at 10:30 AM before Magistrate Judge Debra McVicker Lynch. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
March 1, 2016 Filing 44 STIPULATION of Dismissal of Warranty Claims, filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Text of Proposed Order)(Shelby, Blake)
February 26, 2016 Filing 43 NOTICE of Appearance by Amy R. Wheatley on behalf of Plaintiff DAWN SUMMERS. (Wheatley, Amy)
February 25, 2016 Filing 42 Corporate Disclosure Statement by EVENFLO COMPANY, INC. identifying Corporate Parent WP EVENFLO HOLDINGS, INC. and GOODBABY INTERNATIONAL HOLDINGS LIMITED for EVENFLO COMPANY, INC. (Church, Larry) Modified on 2/26/2016 to include names of corporate parents (LBT).
February 25, 2016 Filing 41 BRIEF/MEMORANDUM in Support re #40 MOTION for Judgment on the Pleadings Warranty Claims , filed by Defendant EVENFLO COMPANY, INC. (Church, Larry) Modified on 2/26/2016 (LBT).
February 25, 2016 Filing 40 MOTION for Judgment on the Pleadings Warranty Claims, filed by Defendant EVENFLO COMPANY, INC. (Church, Larry) Modified on 2/26/2016 to correct event selected (LBT).
February 25, 2016 Filing 39 ANSWER to Complaint , filed by EVENFLO COMPANY, INC..(Church, Larry)
February 22, 2016 Filing 38 Joint CASE MANAGEMENT PLAN TENDERED, filed by Defendant FORD MOTOR COMPANY . (Schiferl, Kevin)
February 1, 2016 Filing 37 Corporate Disclosure Statement by FORD MOTOR COMPANY. (Schiferl, Kevin)
February 1, 2016 Filing 36 Submission of Signature Requirement re #33 Brief/Memorandum in Support of Motion by FORD MOTOR COMPANY. (Schiferl, Kevin)
February 1, 2016 Filing 35 NOTICE to File Corporate Disclosure Statement to FORD MOTOR COMPANY. (LAB) (LBT)
January 29, 2016 Filing 34 NOTICE of Appearance by Marc Tawfik on behalf of Defendant EVENFLO COMPANY, INC.. (Tawfik, Marc)
January 29, 2016 Filing 33 BRIEF/MEMORANDUM in Support re #32 MOTION for Judgment on the Pleadings On Warranty Claims (Only) , filed by Defendant FORD MOTOR COMPANY. (Schiferl, Kevin)
January 29, 2016 Filing 32 MOTION for Judgment on the Pleadings On Warranty Claims (Only), filed by Defendant FORD MOTOR COMPANY. (Schiferl, Kevin)
January 29, 2016 Filing 31 ANSWER to #1 Complaint , filed by FORD MOTOR COMPANY.(Schiferl, Kevin)
January 26, 2016 Opinion or Order Filing 30 SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 3/8/2016 at 9:30 AM (Eastern) before Magistrate Judge Debra McVicker Lynch. No fewer than seven days before the IPTC, counsel must file a proposed CMP. See Order for additional information. Signed by Magistrate Judge Debra McVicker Lynch on 1/26/2016.(LBT)
January 21, 2016 Opinion or Order Filing 29 ORDER granting #27 Motion for Extension of Time to 2/28/2016 for Defendant Evenflo Company, Inc. to file an Answer or responsive pleading. Signed by Magistrate Judge Debra McVicker Lynch on 1/21/2016. (LBT)
January 18, 2016 Filing 28 NOTICE of Appearance by Steven P. Langdon on behalf of Defendant EVENFLO COMPANY, INC.. (Langdon, Steven)
January 18, 2016 Filing 27 MOTION for Extension of Time to 02/04/2016 to file a responsive pleading, filed by Defendant EVENFLO COMPANY, INC.. (Attachments: #1 Text of Proposed Order filing responsive pleading)(Church, Larry)
January 18, 2016 Filing 26 NOTICE of Appearance by Larry R. Church on behalf of Defendant EVENFLO COMPANY, INC.. (Church, Larry)
December 26, 2015 Filing 25 RETURN of Service, filed by CARLA YEAGER. EVENFLO COMPANY, INC. served on 12/15/2015., RETURN of Service by CMRRR, filed by CARLA YEAGER. EVENFLO COMPANY, INC. served on 12/15/2015. (Goebel, J.)
December 26, 2015 Filing 24 RETURN of Service, filed by CARLA YEAGER. FORD MOTOR COMPANY served on 12/14/2015., RETURN of Service by CMRRR, filed by CARLA YEAGER. FORD MOTOR COMPANY served on 12/14/2015. (Goebel, J.)
December 22, 2015 Filing 23 RECEIPT #IP048907 for pro hac vice fees in the amount of $60.00, paid by Denney & Barrett (for attorneys Richard L. Denney and Jason E. Robinson). (DJH)
December 22, 2015 Opinion or Order Filing 22 ORDER granting #17 Motion to Appear pro hac vice - This case is before the court on the plaintiffs' motion for admission pro hac vice of Jason E. Robinson. The court notes that, contrary to the representation in the motion that the fee will be paid after this motion has been granted, the $30.00 administrative fee has already been paid. Having considered the motion, the court determines it should be GRANTED. Therefore, Jason E. Robinson is granted leave to appear pro hac vice in this case on behalf of the plaintiffs. The court FURTHER ORDERS that Jason E. Robinson register as a user of the court's electronic case filing system by January 5, 2016. Failure to register could result in the revocation of his admission pro hac vice. Copy sent to Jason E. Robinson via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 12/22/2015. (MAG)
December 22, 2015 Opinion or Order Filing 21 ORDER granting #16 Motion to Appear pro hac vice - This case is before the court on the motion for Richard L. Denney to appear pro hac vice. The motion states, "Upon granting of this motion, a check for Thirty Dollars ($30.00) in payment of the administrative fee required to process this motion for admission pro hac vice will be tendered to the court." (emphasis added) Therefore, the court GRANTS Richard L. Denney leave to appear pro hac vice in this case on behalf of the plaintiffs, provided the $30.00 administrative fee is paid by December 29, 2015. The court FURTHER ORDERS that Richard L. Denney register as a user of the court's electronic case filing system by January 5, 2016. Failure to register could result in the revocation of his admission pro hac vice. Copy sent to Richard L. Denney via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 12/22/2015. (MAG)
December 18, 2015 Filing 20 NOTICE of Appearance by Blake N. Shelby on behalf of Defendant FORD MOTOR COMPANY. (Shelby, Blake)
December 18, 2015 Filing 19 NOTICE of Parties' First Extension of Time, filed by Defendant FORD MOTOR COMPANY. (Schiferl, Kevin)
December 18, 2015 Filing 18 NOTICE of Appearance by Kevin C. Schiferl on behalf of Defendant FORD MOTOR COMPANY. (Schiferl, Kevin)
December 17, 2015 Filing 17 MOTION for Attorney(s) Jason E. Robinson to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff CARLA YEAGER. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Goebel, J.)
December 17, 2015 Filing 16 MOTION for Attorney(s) Richard L. Denney to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff CARLA YEAGER. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Goebel, J.)
December 17, 2015 Filing 15 NOTICE of Appearance by J. Anthony Goebel on behalf of Plaintiff CARLA YEAGER. (Goebel, J.)
December 17, 2015 Filing 14 NOTICE of Appearance by J. Anthony Goebel on behalf of Plaintiff CARLA YEAGER. (Goebel, J.)
December 11, 2015 Opinion or Order Filing 13 ORDER granting #6 Motion to Seal Document #3 Notice of Appearance, #1 Complaint, #2 Notice of Appearance, #4 Summons Issued. For all future filings, the parties are directed to refer to the minor children only by their initials as provided by Fed. R. Civ. P. 5.2(a). They should not use the children's full names in their filings and then seek to seal the filings. The plaintiffs are directed to serve this order on the defendants. Signed by Magistrate Judge Debra McVicker Lynch on 12/11/2015. (MAC)
December 11, 2015 Opinion or Order Filing 12 ORDER denying #11 Motion to Appear pro hac vice without prejudice to refile the motion. The motion does not comply with the requirements of Local Rule 83-6. Signed by Magistrate Judge Debra McVicker Lynch on 12/11/2015. (MAC)
December 10, 2015 Filing 11 MOTION for Attorney(s) Jason E. Robinson to Appear pro hac vice (Filing fee $30, receipt number 0756-3702039), filed by Plaintiff CARLA YEAGER. (Attachments: #1 Text of Proposed Order)(Goebel, J.)
December 9, 2015 Filing 10 REDACTION to #4 Summons Issued by CARLA YEAGER. (Goebel, J.)
December 9, 2015 Filing 9 REDACTION to #3 Notice of Appearance by CARLA YEAGER. (Goebel, J.)
December 9, 2015 Filing 8 REDACTION to #2 Notice of Appearance by CARLA YEAGER. (Goebel, J.)
December 9, 2015 Filing 7 REDACTION to #1 Complaint by CARLA YEAGER. (Goebel, J.)
December 9, 2015 Filing 6 MOTION to Seal Document #3 Notice of Appearance, #1 Complaint, #2 Notice of Appearance, #4 Summons Issued , filed by Plaintiff CARLA YEAGER. (Attachments: #1 Text of Proposed Order)(Goebel, J.)
December 9, 2015 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT)
December 9, 2015 Filing 4 ***ORDERED SEALED PER #13 ***Summons Issued as to EVENFLO COMPANY, INC. and FORD MOTOR COMPANY. (LBT) Modified on 12/11/2015 (MAC).
December 9, 2015 Filing 3 ***ORDERED SEALED PER #13 ***NOTICE of Appearance by J. Anthony Goebel on behalf of Plaintiffs CARLA YEAGER and KAYLA M. YEAGER. (LBT) Modified on 12/11/2015 (MAC).
December 9, 2015 Filing 2 ***ORDERED SEALED PER ORDER #13 ***NOTICE of Appearance by Nicholas F. Stein on behalf of Plaintiff DAWN SUMMERS. (LBT) Modified on 12/11/2015 (MAC).
December 9, 2015 Filing 1 ***ORDERED SEALED PER ORDER #13 ***COMPLAINT against EVENFLO COMPANY, INC., FORD MOTOR COMPANY, filed by CARLA YEAGER, KAYLA M. YEAGER, DAWN SUMMERS. (Filing fee $400, receipt number NA003304) (Attachments: #1 Civil Cover Sheet)(LBT) Modified on 12/9/2015 (LBT). Modified on 12/11/2015 (MAC).

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Search for this case: YEAGER et al v. EVENFLO COMPANY, INC. et al
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Plaintiff: CARLA YEAGER
Represented By: J. Anthony Goebel
Represented By: Jason E. Robinson
Represented By: Richard L. Denney
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Plaintiff: KAYLA M. YEAGER
Represented By: J. Anthony Goebel
Represented By: Jason E. Robinson
Represented By: Richard L. Denney
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Plaintiff: DAWN SUMMERS
Represented By: Amy R. Wheatley
Represented By: Nicholas F. Stein
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Defendant: EVENFLO COMPANY, INC.
Represented By: Dan H. Ball
Represented By: Larry R. Church
Represented By: Marc Tawfik
Represented By: Richard P. Cassetta
Represented By: Steven P. Langdon
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Defendant: FORD MOTOR COMPANY
Represented By: Blake N. Shelby
Represented By: Kevin C. Schiferl
Represented By: Samantha R. Wilder
Represented By: Sandra Giannone Ezell
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