Bailey v. Komatsu Forklift USA, Inc
| Candy Bailey |
| Komatsu Forklift USA, Inc |
| AIG Insurance Services, Inc. and All American Homes of Iowa, LLC |
| 6:2007cv02002 |
| January 8, 2007 |
| US District Court for the Northern District of Iowa |
| Eastern Waterloo Office |
| Delaware |
| Jon S Scoles |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on December 14, 2009. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 113 STIPULATION of Dismissal With Prejudice Pursuant to Local Rule 41(a)(2) by Candy Bailey, Komatsu Forklift USA, Inc (Cook, James) |
Filing 112
ORDER granting #111 UNRESISTED Motion to Extend Deadline for Filing of Dismissal Documents. Signed by Magistrate Judge Jon S Scoles on 11/24/09. (Stigler, Karo)
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| Filing 111 UNRESISTED MOTION for Extension of Deadline for Filing Dismissal Documents by Defendant Komatsu Forklift USA, Inc (Fanter, Robert) |
| Reset Deadline: Dismissal Papers due by 12/14/2009. (Stigler, Karo) |
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Filing 110
ORDER granting #109 UNRESISTED Motion to Extend Deadline for Filing of Dismissal Documents. Deadline for filing dismissal documents extended to 11/30/2009. Signed by Magistrate Judge Jon S Scoles on 9/25/09. (Stigler, Karo)
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| Reset Deadline: Dismissal Documents are due on 11/30/2009. (Stigler, Karo) |
| Filing 109 UNRESISTED MOTION for Extension of Deadline for Filing of Dismissal Documents by Plaintiff Candy Bailey (Cook, James) |
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Filing 108
ORDER denying as moot #101 MOTION For Leave to Supplement Exhibit List filed by Komatsu Forklift USA, Inc. Signed by Magistrate Judge Jon S Scoles on 9/21/2009. (de)
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Filing 107
ORDER OF CASE SETTLEMENT: The court has been advised that this action has been settled. The parties shall have to and including, the date listed at end of this docket entry, to file their settlement documents. (Dismissal Papers Deadline are due by 10/21/2009). Trial to a jury, previously scheduled for 9/21/2009 is CANCELLED. Signed by Magistrate Judge Jon S Scoles on 9/21/2009. (de)
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| Filing 106 Amended Exhibit List filed by Candy Bailey (Cook, James) Modified text on 09/21/2009 (kfs) |
| Filing 105 TEXT Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Telephone Conference held on 9/17/2009. Attorneys Fanter, Cook, Michael & John Carr, Ricci, & Kirschman appeared. (Stigler, Karo) |
| Filing 104 RESISTANCE to Motion re #101 MOTION For Leave to Supplement Exhibit List filed by Candy Bailey. (Cook, James) |
| Filing 103 RESPONSE re #89 Trial Brief Re The Sophisticated User Defense to Plaintiff's Failure to Warn Claim by Candy Bailey (Attachments: #1 Exhibit A, #2 Exhibit B) (Cook, James) |
| ***Hearings Terminated. Telephonic pretrial conference held 09/17/2009. (Stigler, Karo) |
| Filing 102 Proposed Jury Instructions by Komatsu Forklift USA, Inc. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Attachment E) (Fanter, Robert) |
| Filing 101 MOTION For Leave to Supplement Exhibit List by Defendant Komatsu Forklift USA, Inc (Attachments: #1 Exhibit Customer Warranty Registration - Komatsu Proposed Exhibit HH) (Kirschman, Richard) |
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Filing 100
ORDER granting in part and denying in part #87 Motion in Limine. Signed by Magistrate Judge Jon S Scoles on 9/14/2009. Parties see text of order for specifics. (pac)
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| Filing 99 Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Motion Hearing held on 9/11/2009 re #87 MOTION in Limine filed by Komatsu Forklift USA, Inc. Order to follow. Telephone conference set 9/17/2009 11:00 AM. (Court Reporter Kay Carr; FTR Gold) (Stigler, Karo) |
| Set Hearing: Pursuant to Minutes #99 Telephone Conference set for 9/17/2009 11:00 AM before Magistrate Judge Jon S Scoles. (Counsel for Defendant shall initiate call to counsel for Plaintiff and the Court.) (Stigler, Karo) Modified text on 09/14/2009 (kfs) |
| Filing 98 RESPONSE to #84 Trial Brief by Komatsu Forklift USA, Inc (Kirschman, Richard) Modified text on 09/09/2009 (kfs) |
| Filing 97 OBJECTIONS to Plaintiff's Trial Exhibit No. 1 by Komatsu Forklift USA, Inc (Attachments: #1 Exhibit A - Recapitulation, #2 Exhibit B - Photos, #3 Exhibit B - continued, #4 Exhibit B - continued, #5 Exhibit B - continued, #6 Exhibit B - continued, #7 Exhibit B - continued) (Fanter, Robert) |
| Filing 96 Response to Motion re #87 MOTION in Limine filed by Candy Bailey. (Attachments: #1 Exhibit A, #2 Declaration of Trojan) (Cook, James) |
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Filing 95
FINAL PRETRIAL ORDER. Signed by Magistrate Judge Jon S Scoles on 09/04/09. (skm)
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Filing 94
ORDER Setting Hearing on Motion #87 MOTION in Limine : Plaintiff shall file response to motion in limine by 9/8/2009. Motion Hearing set for 9/11/2009 10:00 AM in 4200 C Street SW, Building B, Courtroom 2 before Magistrate Judge Jon S Scoles. Signed by Magistrate Judge Jon S Scoles on 9/4/09. (Stigler, Karo)
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| Filing 93 TEXT Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Final Pretrial Conference held on 9/4/2009. Attorneys Carr, Cook, and Dutton appeared on behalf of Plaintiff; Attorneys Fanter, Kirschman, and Ricci appeared on behalf of Defendant. (Stigler, Karo) Modified on 9/8/2009 to note this is a text minute entry (des). |
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Filing 92
ORDER granting #88 Motion for Leave to File Overlength Brief. The Clerk of Court shall attach the Brief (docket number 88-2) and affidavit (docket number 88-3) to Deft's motion in Limine #87 . Signed by Magistrate Judge Jon S Scoles on 8/31/2008. (brief and affidavit attached to Motion in Limine at #87 on 8/31/2009) (de)
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| Filing 91 Proposed Voir Dire by Komatsu Forklift USA, Inc. (Kirschman, Richard) |
| Filing 90 Proposed Jury Instructions by Komatsu Forklift USA, Inc. (Attachments: #1 Exhibit A: Proposed Special Verdict Forms) (Kirschman, Richard) |
| Filing 89 TRIAL BRIEF by Komatsu Forklift USA, Inc. (Kirschman, Richard) |
| Filing 88 MOTION for Leave to File Overlength Brief in Support of Motions in Limine by Defendant Komatsu Forklift USA, Inc (Attachments: #1 Brief In Support of Motions in Limine, #2 Affidavit John E. Johnson) (Kirschman, Richard) |
| Filing 87 MOTION in Limine by Defendant Komatsu Forklift USA, Inc (Kirschman, Richard) (Additional attachment(s) added on 8/31/2009: #1 Brief in Support, # 2 Affidavit of John E. Johnson) (de). (Additional attachment(s) added on 8/31/2009: #3 Brief, # 4 Affidavit) (Stigler, Karo). (Additional attachment(s) added on 8/31/2009: # 5 Brief in Support of Motions in Limine, # 6 Affidvit of John E. Johnson) (Stigler, Karo). (Additional attachment(s) added on 8/31/2009: #1 Brief in Support of Motions in Limine, # 2 Affidavit of John E. Johnson) (Stigler, Karo). (Additional attachment(s) added on 9/1/2009: #3 Affidavit of John E. Johnson) (de). |
| Filing 86 STATUS REPORT STATEMENT RE SETTLEMENT STATUS by Candy Bailey (Cook, James) |
| Filing 85 TRIAL BRIEF RE CONTRIBUTORY NEGLIGENCE OF EMPLOYER by Candy Bailey. (Cook, James) |
| Filing 84 TRIAL BRIEF RE PRE-DEATH MENTAL PAIN AND SUFFERING by Candy Bailey. (Cook, James) |
| Filing 83 Proposed Voir Dire by Candy Bailey. (Cook, James) |
| Filing 82 Proposed Jury Instructions by Candy Bailey. (Cook, James) |
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Filing 81
ORDER denying #68 Motion to Preclude Testimony by Plaintiffs' Expert Peter Barroso, Jr.; denying #69 Motion to Preclude Testimony by Plaintiffs' Expert Rodney Kevin Smith; granting in part and denying in part #70 Motion to Preclude Testimony by Plaintiffs' Expert Paul Trojan. Any testimony by Paul Trojan regarding his paint relaxation hypothesis is precluded. Signed by Magistrate Judge Jon S Scoles on 8/25/09. (Stigler, Karo) Modified text on 08/26/2009 (kfs)
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| Filing 80 REPLY BRIEF to #77 Brief in Opposition re #69 MOTION to Exclude Testimony by Plaintiffs' Expert Rodney Kevin Smith filed by Komatsu Forklift USA, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (skm) |
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Filing 79
ORDER granting #78 Motion for Leave to File Overlength Brief. Clerk of Court shall detach and separately docket the Reply Brief and attachments. Signed by Magistrate Judge Jon S Scoles on 08/07/09. (skm)
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| Filing 78 MOTION for Leave to File Overlength Brief by Defendant Komatsu Forklift USA, Inc (Attachments: #(1) Reply Brief in Support of Motions to Preclude Testimony by Plaintiff's Experts #(2) Exhibit A - Lexis 106867 #(3) Exhibit B - Lexis 103176 #(4) Exhibit C - Order Extending Deadlines #(5) Exhibit D - Toyota Manual) (Kirschman, Richard) Modified text on 08/10/2009 (kfs) |
| Docket Annotation re #77 Brief in Opposition of Motion: Bound, Tabbed paper copy of Pltf's Appendix of Exhibits in Resistance to Deft's Motion to Preclude Expert Testimony received in Clerk's Office and HOUSED SEPARATELY. (de) |
| Filing 77 BRIEF in Opposition re #69 MOTION to Exclude Testimony by Plaintiffs' Expert Rodney Kevin Smith, #68 MOTION to Exclude Testimony by Plaintiffs' Expert Peter Barroso, Jr., #70 MOTION to Exclude Testimony by Plaintiffs' Expert Paul Trojan (Evidentiary Hearing Requested) filed by Candy Bailey. (Attachments: #1 Appendix Part 1, #2 Appendix Part 2, #3 Declaration Barroso Declaration, #4 Declaration Smith Declaration, #5 Declaration Trojan Declaration) (Cook, James) |
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Filing 76
ORDER Amending Order Granting Motion to Extend Deadline re #75 Order on Motion for Extension of Time. The Court's Order of 7/20/2009 #75 mistakenly referred to Defendant's motion to extend deadline when it was the Plaintiff who had moved for the extension. The Court finds that the Order should be corrected to read: The deadline for Pltf to respond to Deft's motions to preclude testimony is hereby extended from 7/24/2009 to 7/31/2009. Signed by Magistrate Judge Jon S Scoles on 7/21/2009. (de)
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| Reset Deadlines as to #68 , #69 and #70 MOTION to Exclude Testimony - Response ddl 07/31/2009 (Pursuant to #75 Order) (kfs) |
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Filing 75
ORDER granting #73 Motion for Extension of Time to File Resistance to #68 , #69 and #70 Motions. The deadline for Defendant to respond to Plaintiff's motions to preclude testimony is extended to 07/31/09. Signed by Magistrate Judge Jon S Scoles on 07/20/09. (skm)
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| Filing 74 Response to Motion RE: #73 Motion for Extension of Time to File Resistance to #68 , #69 and #70 Motions to Exclude Testimony filed by Komatsu Forklift USA Inc (Fanter, Robert) Modified text on 07/20/2009 (kfs) |
| Filing 73 MOTION for Extension of Time to File Resistance to #68 , #69 and #70 Motions to Exclude Testimony filed by Plaintiff Candy Bailey (Attachment #(1) Exhibit A) (Cook, James) Modified to add links to motions on 07/20/2009 (Schwartz, Kim) Modified on 7/20/2009 (kfs). |
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Filing 72
ORDER granting #71 Motion for Leave to File Overlength Brief. Clerk of Court shall detach Komatsu Forklift, USA, Inc's Brief (docket no 71-2), and shall attach the brief to #68 Motion to Preclude Testimony by Plaintiffs' Expert Peter Barroso, Jr. Not later than 7/13/2009, Defendant shall provide the Court with hard copies of the three motions. See text of order for particulars. Signed by Magistrate Judge Jon S Scoles on 7/8/2009. (pac)
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| Set Deadline: Check Status Deadline for hard copies of Defendant's #68 , #69 , and #70 motions to preclude expert testimony due by 7/13/2009. (pac) |
| Filing 71 MOTION for Leave to File Overlength Brief by Defendant Komatsu Forklift USA, Inc (Attachments: #1 Brief RE: Docs 68, 69 & 70) (Kirschman, Richard) |
| Filing 70 MOTION to Exclude Testimony by Plaintiffs' Expert Paul Trojan by Defendant Komatsu Forklift USA, Inc (Attachments: #1 Exhibit A - Trojan Deposition 9-25-07, #2 Exhibit B - Trojan Deposition 2-20-08) (Kirschman, Richard) |
| Filing 69 MOTION to Exclude Testimony by Plaintiffs' Expert Rodney Kevin Smith by Defendant Komatsu Forklift USA, Inc (Attachments: #1 Exhibit A - Smith Deposition, #2 Exhibit B - Smith Deposition Vol 2, #3 Exhibit C - Smith Deposition 2-20-08) (Kirschman, Richard) |
| Filing 68 MOTION to Exclude Testimony by Plaintiffs' Expert Peter Barroso, Jr. by Defendant Komatsu Forklift USA, Inc (Attachments: #1 Exhibit A - Barroso Deposition) (Kirschman, Richard) (Additional attachment(s) added on 7/8/2009: #2 Brief in Support of Motions to Preclude Expert Testimony by Plaintiff's Experts Trojan, Smith and Barroso) (pac). |
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Filing 67
TRIAL MANAGEMENT ORDER: Witness and exhibit lists exchanged by parties (but not filed) at least 7 days before FPTC. Exhibits marked. Jury Instructions 7 days before FPTC. Motions in limine 7 days before FPTC. Jury Trial set for 9/21/2009 at 9:00 AM in CR at Temporary Court Site 4200 C St SW before Magistrate Judge Jon S Scoles. Final Pretrial Conference set for 9/4/2009 at 8:00 AM by Telephonic Hearing before Magistrate Judge Jon S Scoles. Conference call to be initiated by counsel for the Plainitff. Proposed Pretrial Order due by 8/28/2009. See text for further instructions. Signed by Magistrate Judge Jon S Scoles on 4/16/2009. (pac)
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| Filing 66 TEXT Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Scheduling Conference to establish firm trial date held on 4/16/2009. Attys Carr & Cook appeared on behalf of Plaintiff; Attys Fanter, Kirschman & Ricci appeared on behalf of Defendant. Trial date: 9/21/2009. FPTC & Stlcf set for 5/29/2009 CANCELLED. Order to follow. (Stigler, Karo) |
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Filing 65
TEXT ORDER RESETTING HEARING. At counsel's 4/14/2009 oral request, the Scheduling Conference previously scheduled in this matter is RESET to 4/16/2009 11:30 AM in Telephonic Hearing before Magistrate Judge Jon S Scoles. Counsel for Plaintiff shall initiate the conference call. Signed by Magistrate Judge Jon S Scoles on 4/14/09. (Stigler, Karo)
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Filing 64
ORDER SETTING HEARING. Scheduling Conference set for 4/20/2009 08:00 AM in Telephonic Hearing before Magistrate Judge Jon S Scoles. The conference call shall be initiated by Plaintiff's counsel. Signed by Magistrate Judge Jon S Scoles on 4/10/09. (Stigler, Karo)
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Filing 63
Order: Upon consent of the parties Candy Bailey and Komatsu Forklift USA, Inc, this case is reassigned to Magistrate Judge Jon S Scoles for final disposition. Signed by Senior Judge Edward J McManus on 4/8/2009. (pac)
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Filing 62
ORDER SETTING HEARINGS. Final Pretrial Conference and Settlement Conference set for 5/29/2009 09:00 AM in CR at Temporary Court Site 4200 C St SW before Magistrate Judge Jon S Scoles. Set Deadlines: Proposed Final Pretrial Order due 7 days prior to final pretrial conference. Signed by Magistrate Judge Jon S Scoles on 4/6/09. (Stigler, Karo)
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| Filing 61 NOTICE of Hearing: Jury Trial set for 7/6/2009 09:00 AM in CR at Temporary Court Site 4200 C St SW before Senior Judge Edward J McManus. Signed by Clerk on 4/6/2009. (bjb) |
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Filing 60
ORDER granting in part and denying in part #42 Motion for Summary Judgment; denying #51 Motion to Certify Question of Law. Motion for Summary Judgment granted as to Counts 4 and 5, and denied as to all other claims. Signed by Senior Judge Edward J McManus on 3/26/2009. (de)
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Filing 59
ORDER denying #58 Motion to Reset Trial Ready Date. Signed by Magistrate Judge Jon S Scoles on 1/26/09. (Stigler, Karo)
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| Filing 58 MOTION to Reset Trial Ready Date by Plaintiff Candy Bailey (Cook, James) |
| Filing 57 REPLY BRIEF to #42 MOTION for Summary Judgment filed by Komatsu Forklift USA, Inc filed pursuant to #56 ORDER. (Attachments: #1 Supplemental Appendix, #2 Exhibit FF, #3 Exhibit GG, #4 Exhibit HH-KK, #5 Exhibit LL-OO, #6 Exhibit PP-SS, #7 Exhibit TT-VV, #8 Response to Statement of Material Facts) (jm) |
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Filing 56
ORDER granting #54 Motion for Leave to File Overlength Brief. The Clerk of Court shall detach and seperately docket the Reply Brief (docket number 54-2) and attachments. Signed by Magistrate Judge Jon S Scoles on 08/05/2008. (jm)
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| Filing 55 THIS DOCUMENT HAS BEEN ADDED AS AN ATTACHMENT TO #54 MOTION FOR LEAVE TO FILE OVERLENGTH BRIEF - Response to Plaintiff's Statement of Additional Material Facts RE: #42 Motion for Summary Judgment filed by Defendant Komatsu Forklift USA Inc (Fanter, Robert) Modified text on 07/15/2008 (kfs) |
| Filing 54 MOTION for Leave to File Overlength Reply Brief in Support of #42 Defendant's Motion for Summary Judgment filed by Defendant Komatsu Forklift USA Inc (Attachment #(1) Proposed Brief #(2) Supplemental Appendix #(3) Exhibit FF of Supplemental Appendix #(4) Exhibit GG of Supplemental Appendix #(5) Exhibit HH-KK of Supplemental Appendix #(6) Exhibit LL-OO of Supplemental Appendix #(7) Exhibit PP-SS of Supplemental Appendix #(8) Exhibit TT-VV of Supplemental Appendix) (Fanter, Robert) Modified to add link on 07/15/2008 (Schwartz, Kim) (Additional attachment(s) added on 7/15/2008: #9 Response to Statement of Additional Material Facts) (kfs). |
| Docket Annotation RE: #55 Response to Statement of Additional Material Facts - This document has been added as an attachment to #54 Motion for Leave to File Overlength Brief in Support of #42 Motion for Summary Judgment (kfs) |
| Filing 53 RESISTANCE to Motion re #51 MOTION to Certify Question of Law filed by Komatsu Forklift USA, Inc. (Fanter, Robert) |
| Docket Annotation re: #50 Resistance to Motion: Documents received in CR Clerk's Office, housed with file. (jm) |
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Filing 52
ORDER denying #43 Motion to Compel Discovery Responses. Signed by Magistrate Judge Jon S Scoles on 7/7/2008. (de)
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| Filing 51 MOTION to Certify Question of Law by Plaintiff Candy Bailey (Cook, James) |
| Filing 50 RESISTANCE to Motion re #42 MOTION for Summary Judgment (Brief in Resistance) filed by Candy Bailey. (Attachments: #1 Plaintiff's Response to Defendant's Statement of Material Facts, #2 Plaintiff's Statement of Additional Material Facts, #3 Plaintiff's Appendix in Support of MSJ Resistance - Part 1 of 3, #4 Plaintiff's Appendix in Support of MSJ Resistance - Part 2 of 3, #5 Plaintiff's Appendix in Support of MSJ Resistance - Part 3 of 3) (Cook, James) |
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Filing 49
ORDER granting #46 Motion to Continue. Plaintiff shall file her resistance to Defendant's Motion for Summary Judgment no later than 07/07/2008. (See Order text.) Signed by Magistrate Judge Jon S Scoles on 06/19/2008. (jm) (Additional attachment(s) added on 6/19/2008: #1 MAIN DOCUMENT) (jm).
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| Reset Deadlines: Responses due by 7/7/2008 pursuant to #49 ORDER. (jm) |
| Docket Annotation re #49 Order on Motion to Continue: Document added to entry to reflect correct date 07/07/2008. (jm) |
| Filing 48 RESISTANCE to #43 Motion to Compel Discovery Responses filed by Plaintiff Candy Bailey (Attachment #(1) Exhibit A) (Cook, James) Modified text on 06/18/2008 (kfs) |
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Filing 47
ORDER granting #41 Motion for Leave to File Overlength Brief. Clerk shall detach the Brief and attach it to #42 Motion for Summary Judgment. Signed by Magistrate Judge Jon S Scoles on 6/17/08. (des).
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| Filing 46 MOTION to Continue Deadline for Resistance to #42 Defendant's Motion for Summary Judgment; Declaration of James H. Cook in Support Thereof by Plaintiff Candy Bailey (Cook, James) Modified text to add link on 06/18/2008 (Schwartz, Kim) |
| Filing 45 REPLY to Response to Motion re #41 MOTION for Leave to File Overlength Brief in Support of Motion for Summary Judgment filed by Komatsu Forklift USA, Inc. (Kirschman, Richard) |
| Filing 44 RESISTANCE to Motion re #41 MOTION for Leave to File Overlength Brief in Support of Motion for Summary Judgment filed by Candy Bailey. (Cook, James) |
| Filing 43 *ORAL ARGUMENT REQUESTED - MOTION to Compel Discovery Responses from Plaintiff by Defendant Komatsu Forklift USA, Inc (Attachments: #1 Exhibit 1-8) (Kirschman, Richard) |
| Filing 42 MOTION for Summary Judgment by Defendant Komatsu Forklift USA, Inc Responses due by 6/26/2008 (Attachments: #1 Statement of Undisputed Material Facts in Support of MSJ, #2 Appendix, #3 Exhibit A to Appendix, #4 Exhibit B to Appendix, #5 Exhibit C to Appendix, #6 Exhibit D to Appendix, #7 Exhibit E to Appendix, #8 Exhibit F to Appendix, #9 Exhibit G to Appendix, #10 Exhibit H to Appendix, #11 Exhibit I to Appendix, #12 Exhibit J to Appendix, #13 Exhibit K, L, M to Appendix, #14 Exhibit N, O, P, Q, R, S, T to Appendix, #15 Exhibit U, V, W, X, Y, Z to Appendix, #16 Exhibit AA to Appendix, #17 Exhibit BB to Appendix, #18 Exhibit CC to Appendix, #19 Exhibit DD to Appendix, #20 Exhibit EE to Appendix) (Fanter, Robert) (Additional attachment(s) added on 6/17/2008 per #47 Order: #21 Brief) (des). |
| Docket Annotation RE: #40 MOTION for Summary Judgment and #39 MOTION for Summary Judgment - These document were filed incorrectly and will be re-filed by attorney Robert Fanter (kfs) |
| Filing 41 MOTION for Leave to File Overlength Brief in Support of Motion for Summary Judgment by Defendant Komatsu Forklift USA, Inc (Attachments: #1 Brief) (Fanter, Robert) |
| Filing 40 DOCKETED IN ERROR - ATTORNEY TO RE-FILE - MOTION for Summary Judgment STATEMENT OF UNDISPUTPED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT by Defendant Komatsu Forklift USA, Inc Responses due by 6/25/2008 (Attachments: #1 Appendix, #2 Exhibit A of Appendix, #3 Exhibit B of Appendix, #4 Exhibit C of Appendix, #5 Exhibit D of Appendix, #6 Exhibit E of Appendix, #7 Exhibit F of Appendix, #8 Exhibit G of Appendix, #9 Exhibit H of Appendix, #10 Exhibit I of Appendix, #11 Exhibit J of Appendix, #12 Exhibit K, L, M of Appendix, #13 Errata N, O, P. Q, R, S, T of Appendix, #14 Exhibit U, V, W, X, Y, Z of Appendix, #15 Exhibit AA of Appendix, #16 Exhibit BB of Appendix, #17 Exhibit CC of Appendix, #18 Exhibit DD of Appendix, #19 Exhibit EE of Appendix) (Fanter, Robert) Modified text on 06/02/2008 (kfs) |
| Filing 39 DOCKETED IN ERROR - ATTORNEY TO RE-FILE - Motion for Summary Judgment by Defendant Komatsu Forklift USA, Inc Responses due by 6/25/2008 (Fanter, Robert) Modified text on 06/02/2008 (kfs) |
| Filing 38 ANSWER to #35 First Amended Complaint with jury demand filed by Defendant Komatsu Forklift USA Inc (Kirschman, Richard) Modified text on 04/22/2008 (kfs) |
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Filing 37
ORDER denying #36 Motion for Extension of Time for Scheduling Order Deadlines. See Order text. Signed by Magistrate Judge Jon S Scoles on 04/14/2008. (jm)
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| Filing 36 Unopposed Motion for Extension of Scheduling Order Deadlines (Telephonic Hearing Requested) filed by Defendant Komatsu Forklift USA Inc (Kirschman, Richard) Modified text on 04/14/2008 (kfs) |
| Filing 35 AMENDED COMPLAINT w/jury demand against Komatsu Forklift USA, Inc, filed by Candy Bailey. (de) |
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Filing 34
ORDER granting #32 Motion to Amend/Correct. Clerk shall detach and separately docket First Amended Complaint and Jury Demand [32-4]. Signed by Magistrate Judge Jon S Scoles on 4/1/08. (Stigler, Karo)
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| Filing 33 Response to Motion re #32 MOTION to Amend/Correct Complaint and Jury Demand filed by Komatsu Forklift USA, Inc. (Kirschman, Richard) |
| Filing 32 MOTION to Amend Complaint and Jury Demand by Plaintiff Candy Bailey (Attachments: #(1) Exhibit 1 #(2) Exhibit 2 #(3) First Amended Complaint and Jury Demand) (Cook, James) Modified text on 03/12/2008 (kfs) |
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Filing 31
ORDER EXTENDING DEADLINES: Plaintiffs Expert Witness due by 1/28/2008 and 2/7/2008 (see text of order). Defendants Expert Witnesses due by 4/1/2008. Discovery due by 5/1/2008. Motions due by 6/1/2008. Trial Ready Deadline 10/1/2008. Signed by Magistrate Judge Jon S Scoles on 01/18/08. (lbb)
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| Filing 30 Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Scheduling Conference and Status Conference held on 1/18/2008. (Stigler, Karo) |
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Filing 29
ORDER granting #25 Motion to Expedite Status/Scheduling Conference. This matter shall come on for a telephonic conference and status hearing on 1/18/2008 at 9:00 AM initiated by counsel for the Plaintiff. Signed by Magistrate Judge Jon S Scoles on 01/17/2008. (jm) (copy to non-ECF attorney) Modified text to add service on 01/18/2008 (kfs)
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Filing 28
ORDER granting #27 Motion for Leave to Appear Pro Hac Vice. Attorney William J. Ricci authorized to appear for Defendant. Signed by Magistrate Judge Jon S Scoles on 1/17/08. (Stigler, Karo) (copy to non-ECF attorney) Modified text to add service on 01/18/2008 (kfs)
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| Reset Hearings: Scheduling Conference reset to 01/18/2008 at 9:00 AM before Magistrate Judge Jon S Scoles. Status Conference reset to 01/18/2008 at 9:00 AM before Magistrate Judge Jon S Scoles. The hearing shall be held by telephone conference call to be initiated by counsel for the Plaintiff. (jm) Modified text on 01/18/2008 (kfs) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice (William Ricci) ( Pro Hac Vice Fee $ 75 receipt number 08620000000000583418) Robert L Fanter appearing for Defendant Komatsu Forklift USA, Inc Motions referred to Jon S Scoles. (Fanter, Robert) |
| Filing 26 Response to Motion re #25 MOTION For Expedited Status/Scheduling Conference Pursuant to Local Rule 16.1(e) ; Declaration of James H. Cook, Esq. filed by Candy Bailey. (Attachments: #1 Exhibits 1 - 13) (Cook, James) |
| Filing 25 MOTION For Expedited Status/Scheduling Conference Pursuant to Local Rule 16.1(e) Richard J Kirschman appearing for Defendant Komatsu Forklift USA, Inc (Attachments: #1 Exhibit A-H, #2 Exhibit I, #3 Exhibit J-P) (Kirschman, Richard) |
| Filing 24 Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Telephone Conference re Court's Order #22 ; on-site issues raised during inspection held on 12/12/2007. (Court Reporter Patrice Murray.) (Stigler, Karo) |
| Filing 23 TRANSCRIPT of Hearing on Motion for Protective Order Proceedings held on 11/21/2007 before Judge Jon S. Scoles. Court Reporter: Kay C. Carr. (for a complete copy of transcript please contact Kay Carr at (319) 362-1543) (de) (Additional attachment(s) added on 6/19/2012: #1 Main Document) (ksy). |
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Filing 22
ORDER granting #16 Motion for Protective Order. Motion for Protective Order granted as modified. Signed by Judge Jon S Scoles on 11/23/07. (Stigler, Karo)
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| Filing 21 Minute Entry for proceedings held before Judge Jon S Scoles. Motion Hearing held on 11/21/2007 re #16 MOTION for Protective Order Re Inspection of Fork Truck filed by Candy Bailey. Ruling Reserved. (Court Reporter Kay Carr.) (Stigler, Karo) |
| Motion Taken Under Advisement: #16 MOTION for Protective Order Re Inspection of Fork Truck ***Hearings Terminated. (Stigler, Karo) |
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Filing 20
ORDER Setting Hearing on Motion #16 MOTION for Protective Order Re Inspection of Fork Truck. Motion for Oral Argument #18 GRANTED. Motion Hearing set for 11/21/2007 at 09:00 AM CR 2nd Fl Ct for #16 . Signed by Judge Jon S Scoles on 11/8/07. (Stigler, Karo)
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| Filing 19 REPLY to #17 Resistance to #16 Motion for Protective Order filed by Plaintiff Candy Bailey (Cook, James) Modified text to add link on 11/08/2007 (kfs) |
| Filing 18 MOTION for Hearing RE: #17 Resistance to #16 Motion for Protective Order filed by Defendant Komatsu Forklift USA Inc (Kirschman, Richard) Modified text to add link on 11/08/2007 (kfs) |
| Filing 17 RESISTANCE to Motion re #16 MOTION for Protective Order Re Inspection of Fork Truck filed by Defendant Komatsu Forklift USA, Inc. (Attachments: #1 Exhibit 1 to Resistance to Plaintiff's Motion for Protective Order#2 Exhibit 2 to Resistance to Plaintiff's Motion for Protective Order#3 Exhibit 3 to Resistance to Plaintiff's Motion for Protective Order#4 Exhibit 4 to Resistance to Plaintiff's Motion for Protective Order#5 Exhibit 5 to Resistance to Plaintiff's Motion for Protective Order#6 Exhibit 6-1to Resistance to Plaintiff's Motion for Protective Order#7 Exhibit 6-2 to Resistance to Plaintiff's Motion for Protective Order#8 Exhibit 6-3 to Resistance to Plaintiff's Motion for Protective Order#9 Exhibit 6-4 to Resistance to Plaintiff's Motion for Protective Order#10 Exhibit 7 to Resistance to Plaintiff's Motion for Protective Order#11 Exhibit 8 to Resistance to Plaintiff's Motion for Protective Order#12 Exhibit 9 to Resistance to Plaintiff's Motion for Protective Order#13 Brief in Support of Resistance to Plaintiff's Motion for Protective Order)(Kirschman, Richard) |
| Filing 16 MOTION for Protective Order Re Inspection of Fork Truck by Plaintiff Candy Bailey. (Attachments: #1 Brief in Support of Motion for Protective Order#2 Declaration in Support of Motion for Protective Order#3 Declaration Exhibit A#4 Declaration Exhibits B-K)(Cook, James) |
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Filing 15
JOINT STIPULATED PROTECTIVE ORDER. Signed by Judge Jon S Scoles on 10/10/07. (ksy, )
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Filing 14
ORDER GRANTING STIPULATED PROTECTIVE ORDER re #12 . Signed by Judge Jon S Scoles on 6/7/07. (Attachments: #1 Stipulated Protective Order). (mj)
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| Filing 13 NOTICE of Lien by Brendan T Quann on behalf of AIG Insurance Services, Inc., All American Homes of Iowa, LLC (Quann, Brendan) |
| Filing 12 MOTION for Protective Order by Defendant Komatsu Forklift USA, Inc. (Kirschman, Richard) |
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Filing 11
SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures due date of 6/4/07 but not filed with the court. Add Parties Deadline due by 7/20/2007. Amended Pleadings due by 7/20/2007. Plaintiffs Expert Witness due by 8/21/2007. Defendants Expert Witnesses due by 10/22/2007. Plaintiffs Rebuttal Experts due by 11/21/2007. Discovery due by 1/21/2008. Motions due by 2/21/2008. Trial Ready Deadline 6/20/2008. Signed by Judge Jon S Scoles on 5/22/07. (Stigler, Karo)
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| Filing 10 AMENDED PURSUANT TO LOCAL RULE 3.2 STATEMENT of Interest RE: #6 Statement of Interest LR 3.2 filed by Defendant Komatsu Forklift USA, Inc (Kirschman, Richard) Modified text on 04/06/2007 (kfs) |
| Filing 9 DEMAND for Trial by Jury by Komatsu Forklift USA, Inc. (Kirschman, Richard) |
| Filing 8 PURSUANT TO LOCAL RULE 3.2 STATEMENT of Interest by Candy Bailey. (Cook, James) |
| Filing 7 NOTICE of Appearance by attorneys Robert L Fanter and Richard J Kirschman on behalf of Defendant Komatsu Forklift USA, Inc (Fanter, Robert) |
| Filing 6 PURSUANT TO LOCAL RULE 3.2 STATEMENT of Interest by Komatsu Forklift USA, Inc. (Kirschman, Richard) |
| Filing 5 ANSWER to Complaint and AFFIRMATIVE DEFENSES filed by Defendant Komatsu Forklift USA, Inc (Kirschman, Richard) Modified text on 04/03/2007 (kfs) |
| Case reassigned to Judge Jon S Scoles. Judge John A Jarvey no longer assigned to the case. (mem) |
| Set Deadline - Check Status ddl 04/04/2007 - Defendant's Statement Pursuant to Local Rule 3.2 due pursuant to #4 Waiver of Service (kfs) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Candy Bailey. Komatsu Forklift USA, Inc waiver sent on 2/7/2007, answer due 4/9/2007. (Cook, James) |
| Chief Magistrate Judge John A Jarvey added as referral judge.(mem) |
| Filing 3 Summons Issued as to Defendant Komatsu Forklift USA, Inc ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachment #(1) New Civil Case Packet)(kfs) |
| Filing 2 COMPLAINT and Jury Demand against Komatsu Forklift USA, Inc ( Filing fee $ 350 receipt number 445842.), filed by Candy Bailey. Scheduling Report due by 5/24/2007 (Attachments: #1 Civil Cover Sheet)(Cook, James) |
| Set Deadline: Check Status Deadline on 1/25/2007 (for submission of Pltf Atty Carr's ECF registration form; nef faxed to Atty Carr).(mj) |
| Filing 1 CIVIL COVER SHEET by Plaintiff Candy Bailey. (Counsel to docket complaint). (mem) |
| Case assigned to Judge Edward J McManus. (mem) |
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