Neff v. Microsoft Corp
| Microsoft Corporation |
| Shawn Neff |
| Benkip Trucking, Inc. |
| 4:2022cv00333 |
| September 30, 2022 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Rebecca Goodgame Ebinger |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Document Text |
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| Filing 58 Designation of Expert Witnesses Partial Designation of Experts by Microsoft Corporation. (Attachments: #1 Dr. Chen's Trial History, #2 Dr. Chen's Fee Schedule, #3 Dr. Chen's CV)(Thomas, Mark) |
| Filing 57 TEXT ORDER granting #54 Motion for Extension of Time of R16/Scheduling Order Deadlines. Plaintiffs Expert Witness Disclosures due by 11/1/2023. Defendants Expert Witness Disclosures due by 1/2/2024. Plaintiffs Rebuttal Witness Disclosures due by 2/1/2024. All other deadlines remain as previously set. Signed by Chief Magistrate Judge Helen C. Adams on 10/12/2023. (amp) |
| Filing 56 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 10/12/2023. Attorney Aden appeared for Plaintiff. Attorney Thomas appeared for Defendant Microsoft. Attorney Durick appeared for Third Party Defendant Benkip Trucking. Order to follow. Total Court Time: 14 minutes. (amp) |
| Filing 55 TEXT ORDER. Despite #54 Report, the Court will conduct the 10/12/2023 status conference. The parties shall be prepared to discuss expert deadlines. Signed by Chief Magistrate Judge Helen C. Adams on 10/10/2023. (amp) |
| Filing 54 ***MOTION Extension R16 Deadlines*** STATEMENT Joint Statement in Advance of October 12th Status Conference by Microsoft Corporation. (Thomas, Mark) Modified on 10/12/2023 (amp). |
| Filing 53 TEXT ORDER CANCELING STATUS CONFERENCE. Per #52 Report, the parties have no issues to discuss and are on track to meet their deadlines. The telephonic status conference set for 8/10/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 8/8/2023. (amp) |
| Filing 52 STATEMENT in Advance of August 10 Status Conference by Shawn Neff. (Aden, Samuel) |
| Filing 51 Sealed Document. Correspondence re 6/27/2023 status conference. (amp) |
| Filing 50 TEXT ORDER CANCELING STATUS CONFERENCE. Per parties' correspondence, the parties have no issues to discuss and are on track to meet their deadlines. The telephonic status conference set for 6/27/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 6/23/2023. (amp) |
| Filing 49 NOTICE of Appearance by Rachel Marie Morgan on behalf of Microsoft Corporation (Morgan, Rachel) |
| Filing 48 ANSWER to #47 Crossclaim by Benkip Trucking, Inc..(Durick, Steven) |
| Filing 47 CROSSCLAIM against Benkip Trucking, Inc., filed by Shawn Neff.(Aden, Samuel) |
| Filing 46 NOTICE of Appearance by Jordan Gehlhaar on behalf of Benkip Trucking, Inc. (Gehlhaar, Jordan) |
| Filing 45 TEXT ORDER SETTING ADDITIONAL STATUS CONFERENCES. Telephonic Status Conferences set for 10:30 AM on 6/27/2023, 8/10/2023, 10/12/2023, 12/18/2023, and 2/13/2024 10:30 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. Parties shall file a status report in accordance with #14 at least 2 business days prior to each status conference. Signed by Chief Magistrate Judge Helen C. Adams on 3/9/2023. (amp) |
| Filing 44 TEXT ORDER CANCELING STATUS CONFERENCE. The telephonic status conference set for 4/11/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 3/9/2023. (amp) |
| Filing 43 TEXT ORDER granting for good cause shown #40 Motion to Continue and 42 Motion for Extension of Time of R16/Scheduling Order Deadlines. Third Party Defendant Benkip Trucking Inc.'s Initial Disclosures due 3/22/2023. Motions to Add Parties due by 4/17/2023. Motions to Amend Pleadings due by 7/3/2023. Plaintiffs Expert Witness Disclosures due by 9/1/2023. Defendants Expert Witness Disclosures due by 11/1/2023. Plaintiffs Rebuttal Witness Disclosures due by 12/1/2023. Discovery Deadline 3/1/2024. Dispositive Motion Deadline 4/1/2024. Final Pretrial Conference set for 10/16/2024 09:00 AM in Des Moines - Room 160- 1st Floor North before Judge Rebecca Goodgame Ebinger. Jury Trial set for 11/18/2024 09:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Rebecca Goodgame Ebinger. Estimated length: 5 days. Pretrial motion deadlines are governed by #15 Order Regarding Final Pretrial Conference Requirements. Signed by Chief Magistrate Judge Helen C. Adams on 3/9/2023. (amp) Modified on 3/9/2023 "5 days" (amp). |
| Filing 42 ORAL MOTION for Extension of Time For Scheduling Order/R16 Deadlines Motions referred to Helen C. Adams. (amp) |
| Set/Reset Hearings: Jury Trial set for 11/18/2024 09:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Rebecca Goodgame Ebinger. Estimated length: 5 days. (amp) |
| Filing 41 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 3/8/2023. Attorney Aden appeared on behalf of Plaintiff. Attorney Thomas appeared on behalf of Defendant Microsoft Corp. Attorney Durick appeared on behalf of Third Party Defendant Benkip Trucking Inc. Status of the case discussed. Orders to follow. Total Court Time: 9 minutes. (amp) |
| Filing 40 Joint MOTION to Continue Trial by Benkip Trucking, Inc..Motions referred to Helen C. Adams. Responses due by 3/22/2023. (Durick, Steven) |
| Filing 39 TEXT ORDER denying without prejudice #38 Motion for Extension of Time of R16/Scheduling Order Deadlines. The Court denies this motion without prejudice to the parties refiling a motion that establishes good cause and complies with LR 7. Signed by Chief Magistrate Judge Helen C. Adams on 3/6/2023. (amp) |
| Filing 38 MOTION for Extension of Time For Scheduling Order/R16 Deadlines of Add parties, Leave to Amend, plaintiff's experts, defendant's experts, plaintiff's rebuttal experts, discovery, and dispositive motions by Microsoft Corporation.Motions referred to Helen C. Adams. Responses due by 3/20/2023. (Thomas, Mark) |
| Filing 37 NOTICE of Appearance by Tansha Tamara Akogyeram on behalf of Microsoft Corporation (Akogyeram, Tansha) |
| Filing 36 TEXT ORDER SETTING STATUS CONFERENCE. Telephonic Status Conference set for 3/8/2023 11:00 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. By 3/6/2023, the parties shall meet and confer and file an amended proposed scheduling order and discovery plan factoring in any changes caused by the addition to this suit of Benkip Trucking, Inc. Signed by Chief Magistrate Judge Helen C. Adams on 2/27/2023. (amp) |
| Filing 35 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 2/27/2023. Attorneys Aden and Colwell appeared for Plaintiff. Attorney Thomas appeared for Defendant Microsoft. Attorney Durick did not appear. Case discussion continued until next status conference. Total Court Time: 14 minutes. (amp) |
| Filing 34 STATUS REPORT Joint Statement of Issues by Microsoft Corporation. (Thomas, Mark) |
| Filing 33 Corporate Disclosure/Statement of Interest by Benkip Trucking, Inc.. (Durick, Steven) |
| Filing 32 Withdrawal of Attorney by Wesley Ward Morrison, Jr. (Morrison, Wesley) |
| Filing 31 NOTICE of Appearance by Steven T. Durick on behalf of Benkip Trucking, Inc. (Durick, Steven) |
| Filing 30 ANSWER to #23 Third Party Complaint Affirmative Defenses, and Jury Demand by Benkip Trucking, Inc..(Durick, Steven) |
| Filing 29 NOTICE of Appearance by Mark W. Thomas on behalf of All Defendants (Thomas, Mark) |
| Filing 28 SUMMONS Returned Executed by Microsoft Corporation. Benkip Trucking, Inc. served on 1/25/2023, answer due 2/15/2023. (Morrison, Wesley) |
| Filing 27 PROTECTIVE ORDER. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 1/27/2023. (amp) |
| Filing 26 Unresisted MOTION for Protective Order by Microsoft Corporation.Motions referred to Helen C. Adams. Responses due by 2/9/2023. (Morrison, Wesley) |
| Filing 25 3rd Party Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. (Attachments: #1 LR 7.1 Packet) (bp) |
| Filing 24 Errata [Proposed] Summons re #23 Third Party Complaint filed by Microsoft Corporation. (Morrison, Wesley) |
| Filing 23 THIRD PARTY COMPLAINT against Benkip Trucking, Inc., filed by Microsoft Corporation. (btg) |
| Filing 22 TEXT ORDER granting for good cause shown #21 Motion for Leave to File and Extend Deadline to Add Parties. Clerk to detach and file Defendant/Third-Party Plaintiff Microsoft Corp.'s Third-Party Complaint, ECF No. 21-1. Deadline to Add Parties is extended to 1/18/2023. No further extensions will be granted. Signed by Chief Magistrate Judge Helen C. Adams on 12/20/2022. (amp) |
| Filing 21 Unresisted MOTION for Leave to File Third-Party Complaint and Extend Deadline to Add Additional Parties by Microsoft Corporation.Motions referred to Helen C. Adams. Responses due by 1/2/2023. (Attachments: #1 Exhibit A - Third-Party Complaint)(Morrison, Wesley) |
| Filing 20 TEXT ORDER granting for good cause shown #17 Motion for Extension of Time of R16/Scheduling Order Deadlines. Plaintiff's Expert Witness Disclosures due by 2/17/2023. Defendant's Expert Witness Disclosures due by 4/19/2023. Plaintiff's Rebuttal Witness Disclosures due by 5/18/2023. The Court does not anticipate granting further extensions. Signed by Chief Magistrate Judge Helen C. Adams on 12/14/2022. (amp) |
| Filing 19 RESPONSE to Motion re #17 First MOTION for Extension of Time For Scheduling Order/R16 Deadlines of expert witness designations and expert reports filed by Microsoft Corporation. Replies due by 12/20/2022.(McConkey, Nathan) |
| Filing 18 TEXT ORDER. Defendant shall respond to Plaintiff's #17 Motion to Extend R16 Deadlines on or before 12/15/2022. Signed by Chief Magistrate Judge Helen C. Adams on 12/13/2022. (amp) |
| Filing 17 First MOTION for Extension of Time For Scheduling Order/R16 Deadlines of expert witness designations and expert reports by Shawn Neff.Motions referred to Helen C. Adams. Responses due by 12/27/2022. (Colwell, James) |
| Filing 16 NOTICE of Appearance by James Richard Colwell on behalf of Shawn Neff (Colwell, James) |
Filing 15
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 11/15/2022. (Attachments: #1 Supplement Fillable FPTO, #2 Supplement JERS) (amp)
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Filing 14
ORDER SETTING STATUS CONFERENCES. Telephonic Status Conferences set at 10:30 AM for 2/27/2023, 4/11/2023, and 6/27/2023 before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. The Parties shall file a status report in accordance with the Order at least 2 business days prior to each Status Conference. Signed by Chief Magistrate Judge Helen C. Adams on 11/15/2022. (amp)
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Filing 13
ORDER adopting as revised #11 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 11/29/2022. Motions to Add Parties due by 12/19/2022. Motions to Amend Pleadings due by 12/19/2022. Plaintiffs Expert Witness Disclosures due by 1/18/2023. Defendants Expert Witness Disclosures due by 3/20/2023. Plaintiffs Rebuttal Witness Disclosures due by 4/18/2023. Discovery Deadline 6/19/2023. Dispositive Motion Deadline 7/18/2023. Final Pretrial Conference set for 12/6/2023 10:00 AM in Des Moines - Room 160- 1st Floor North before Judge Rebecca Goodgame Ebinger. Jury Trial set for 1/16/2024 09:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Rebecca Goodgame Ebinger. Estimated Length: 4 days. Signed by Chief Magistrate Judge Helen C. Adams on 11/15/2022. (amp)
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| Filing 12 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Scheduling Conference held on 11/15/2022. Attorney Aden appeared for Plaintiff. Attorneys McConkey, Papiez, and Morrison, Jr., appeared for Defendant. Status of the case discussed. Orders to follow. Total Court Time: 15 minutes. (amp) |
| Filing 11 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (McConkey, Nathan) |
| Filing 10 TEXT ORDER granting #8 Motion for Leave to Appear Pro Hac Vice Wesley Ward Morrison, Jr.; granting #9 Motion for Leave to Appear Pro Hac Vice David P. Papiez. Signed by Chief Magistrate Judge Helen C. Adams on 10/21/2022. (kjw) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4961594 Fee paid in the amount of $100. by Microsoft Corporation. (Papiez, David) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4961555 Fee paid in the amount of $100. by Microsoft Corporation. (Morrison, Wesley) |
| Filing 7 Corporate Disclosure/Statement of Interest by Microsoft Corporation. (McConkey, Nathan) |
| Filing 6 TEXT ORDER SETTING SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 11/15/2022 at 10:00 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 11/8/2022. Signed by Chief Magistrate Judge Helen C. Adams on 10/14/2022. (amp) |
| Filing 5 ANSWER to Complaint by Microsoft Corporation.(McConkey, Nathan) |
| Filing 4 TEXT ORDER granting #3 Motion for Extension of Time to File Response. Defendant shall respond to Plaintiffs Complaint on or before 10/14/2022. Signed by Chief Magistrate Judge Helen C. Adams on 10/6/2022. (amp) |
| Filing 3 MOTION for Extension of Time to File Answer by Microsoft Corporation.Motions referred to Helen C. Adams. (McConkey, Nathan) |
| Filing 2 Corporate Disclosure Packet Note: Counsel should download the corporate disclosure packet in compliance with Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for defendant 10/24/2022. (btg) |
| Filing 1 NOTICE OF REMOVAL by Microsoft Corp from Iowa District Court for Polk County, case number LACL153698. Filing fee paid in the amount of $ 402, receipt number AIASDC-4941751., filed by Microsoft Corp. Rule 16 Notice of Dismissal set for 12/29/2022. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Notice of Removal, #3 Exhibit Petition, #4 Exhibit Affidavit of Service, #5 Exhibit State Docket)(McConkey, Nathan) |
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