McDermed et al v. Ford Motor Company
| Diane L. McDermed, Paul C. McDermed and Georgia Lee Iocco |
| Ford Motor Company |
| State Farm Mutual Automobile Insurance Company |
| 2:2014cv02430 |
| August 28, 2014 |
| US District Court for the District of Kansas |
| Kansas City Office |
| Shawnee |
| Carlos Murguia |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 20, 2018. A more recent docket listing may be available from PACER.
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Filing 186
APPEAL MANDATE from 10CCA: AFFIRMING decision of the District Court. (Appeal No. 17-3105) (Attachment: #1 Transmittal Letter)(kao)
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Filing 185
LETTER TO 10CCA stating record is complete re #181 Notice of Appeal. ( Appeal No. 17-3105) (kao)
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Filing 184
TRANSCRIPT ORDER FORM: No Transcript Required filed by Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #181 Notice of Appeal - Final Judgment (Kjorlie, Eric)
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Filing 183
APPEAL DOCKETED in 10CCA on 5/3/17 and assigned Appeal No. 17-3105 re: #181 Notice of Appeal - Final Judgment filed by Paul C. McDermed. (kao)
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Filing 182
PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re: #181 Notice of Appeal - Final Judgment. (Attachment: #1 Preliminary Record)(kao)
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Filing 181
NOTICE OF APPEAL as to #180 Memorandum and Order on #175 Motion for Reconsideration, and Motion for New Trial by Plaintiff Paul C. McDermed. Filing fee $505, Internet Payment Receipt Number AKSDC-4163184. (Kjorlie, Eric)
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Filing 180
MEMORANDUM AND ORDER denying Plaintiffs' #175 Motion for Reconsideration, and #175 Motion for New Trial. Signed by District Judge Carlos Murguia on 04/26/2017. (mg)
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Filing 179
REPLY to Response to Motion by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re: #175 MOTION for Reconsideration re #172 Judgment, #169 Order on Motion to Exclude, Order on Motion for Extension of Time, #170 Order on Motion for Summary Judgment MO . (Attachments: #1 Memorandum in Support of Plaintiffs' Reply to Defendant's Response)(Kjorlie, Eric) (Modified on 1/4/2017 to link Reply to Response to correct motion, #175 Motion for Reconsideration per Chambers request (hl).)
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Filing 178
RESPONSE by Defendant Ford Motor Company re #176 MOTION for Extension of Time to File Response as to #175 MOTION for Reconsideration re #172 Judgment, #169 Order on Motion to Exclude,,,,,, Order on Motion for Extension of Time,,,,, #170 Order on Motion for Summary Judgment MO, #175 MOTION for Reconsideration re #172 Judgment, #169 Order on Motion to Exclude,,,,,, Order on Motion for Extension of Time,,,,, #170 Order on Motion for Summary Judgment MOTION for New Trial (Ward, Steven)
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Filing 177
ORDER granting #176 Defendant's Motion for Extension of Time to File Response re #175 MOTION for Reconsideration re #172 Judgment, #169 Order on Motion to Exclude, Order on Motion for Extension of Time, #170 Order on Motion for Summary Judgment MOTION for New Trial Response deadline 9/28/2016. Signed by District Judge Carlos Murguia on 9/9/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 176
MOTION for Extension of Time to File Response as to #175 MOTION for Reconsideration re #172 Judgment, #169 Order on Motion to Exclude,,,,,, Order on Motion for Extension of Time,,,,, #170 Order on Motion for Summary Judgment MOTION for New Trial by Defendant Ford Motor Company (Ward, Steven)
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Filing 175
MOTION for Reconsideration re #172 Judgment, #169 Order on Motion to Exclude, Order on Motion for Extension of Time, #170 Order on Motion for Summary Judgment , MOTION for New Trial ( Response deadline 9/14/2016) by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Reconsideration/ New Trial, #2 Exhibit Index, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P)(Kjorlie, Eric)
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Filing 174
ORDER granting Plaintiff's #173 Motion for Extension of Time to File their Rule 59 Motion. Motion deadline 8/31/2016. Signed by District Judge Carlos Murguia on 8/15/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 173
Unopposed MOTION for extension of time to File Rule 59 Motion to Non-Dispositional Order (Doc.169) by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Kjorlie, Eric)
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Filing 172
JUDGMENT: IT IS THEREFORE ORDERED that Defendant Ford Motor Company's Motion for Summary Judgment (Doc. 99) is granted. The case is closed. Signed by deputy clerk on 8/4/16. (hw)
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Filing 171
ORDER finding as moot #117 Motion in Limine; finding as moot #118 Motion in Limine; finding as moot #146 Motion to Strike ; finding as moot #166 Motion to Continue. Signed by District Judge Carlos Murguia on 8/4/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 170
MEMORANDUM AND ORDER granting #99 Motion for Summary Judgment. Signed by District Judge Carlos Murguia on 8/3/16. (hw)
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Filing 169
MEMORANDUM AND ORDER granting #101 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. Shawn Parcells; granting #102 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. David McLellan; denying #111 MOTION for extension of time Opposed Motion for Leave for Additional Time to Respond to Defendant Ford's Motion to Exclude the Testimony of Plaintiffs' Expert Shawn Parcells; denying #112 MOTION for extension of time Opposed Motion for Leave for Additional Time to Respond to Defendant Ford's Motion to Exclude the Testimony of Plaintiffs' Expert David McLellan. Signed by District Judge Carlos Murguia on 8/3/16. (hw)
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Filing 168
REPLY to Response to Motion by Defendant Ford Motor Company re: #166 MOTION to Continue Trial Setting for Special Setting (Attachments: #1 Exhibit)(Ward, Steven)
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Filing 167
RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #166 MOTION to Continue Trial Setting for Special Setting (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D")(Kjorlie, Eric)
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Filing 166
MOTION to Continue Trial Setting for Special Setting by Defendant Ford Motor Company (Ward, Steven)
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Filing 165
ORDER granting #160 Defendant's Motion for additional time to depose Dr. John Jones, a physician identified by plaintiffs. Defendants are granted additional 30 days to and including June 12, 2016, to schedule and conclude the deposition of Dr. John Jones Signed by District Judge Carlos Murguia on 06/03/2016. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses)
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Filing 164
AMENDED EXHIBIT K IN SUPPORT of #103 Response to Motion, by Plaintiffs. (CD FILED CONVENTIONALLY)(kao) One copy provided to Judge Murguia's chambers; one copy maintained in clerk's office.
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Filing 163
ORDER granting #162 Plaintiff's Motion for Leave to File. Signed by District Judge Carlos Murguia on 5/26/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 162
Unopposed MOTION FOR LEAVE to File Conventionally Plaintiffs' Response/Motion to Strike Amended Exhibit "K" by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Kjorlie, Eric)
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Filing 161
CERTIFICATE OF COMPLIANCE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #143 Order on Motion to Strike . (Kjorlie, Eric)
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Filing 160
MOTION for extension of time to Depose Dr. John Jones, a Physician Identified by Plaintiffs by Defendant Ford Motor Company (Ward, Steven)
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Filing 159
SEALED EXHIBIT(S) IN SUPPORT of #156 Reply to Response to Motion, Exhibit B by Defendant Ford Motor Company(Ward, Steven)
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Filing 158
ORDER granting #157 Defendant's Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by District Judge Carlos Murguia on 5/3/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 157
SEALED MOTION for Leave to File Under Seal by Defendant Ford Motor Company (Attachments: #1 Exhibit B)(Ward, Steven)
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Filing 156
REPLY to Response to Motion by Defendant Ford Motor Company re: #146 MOTION to Strike Affidavit of David R. McLellan and Legal Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ward, Steven)
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Filing 154
ELECTRONIC FILING REGISTRATION FORM of Ben K. Upp re motion for leave to appear pro hac vice #152 by Defendant Ford Motor Company(Ward, Steven)
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Filing 155
ORDER granting #152 Motion to Appear Pro Hac Vice of Ben K. Upp for Ford Motor Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 4/20/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 153
ORDER REFERRING MOTION to Magistrate Judge Teresa J. James re #152 MOTION for attorney Ben K. Upp to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-3749141.) filed by Ford Motor Company. Signed by District Judge Carlos Murguia on 4/20/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 152
MOTION for attorney Ben K. Upp to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-3749141.) by Defendant Ford Motor Company (Attachments: #1 Affidavit Affidavit in Support of Motion for Leave to Appear Pro Hac Vice)(Ward, Steven)
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Filing 151
NOTICE by Defendant Ford Motor Company of taking deposition of Dr. Bradley Woods on May 12, 2016 (Ward, Steven)
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Filing 150
RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #146 MOTION to Strike Affidavit of David R. McLellan and Legal Memorandum in Support, #102 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. David McLellan, #99 MOTION for Summary Judgment (Attachments: #1 Exhibit "A")(Kjorlie, Eric)
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Filing 149
MEMORANDUM AND ORDER denying #140 Motion for Leave of Court to Take the Rule 30(b)(6) Deposition of Defendant Ford Motor Company's Designated Corporate Representative. Each party shall bear its own costs related to this motion. Signed by Magistrate Judge Teresa J. James on 4/8/2016. (ck)
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Filing 148
REPLY to Response to Motion by Defendant Ford Motor Company re: #99 MOTION for Summary Judgment Plaintiffs' [Doc. 131] Response to Ford's Motion for Summary Judgment (Ward, Steven)
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Filing 147
REPLY to Response to Motion by Defendant Ford Motor Company re: #102 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. David McLellan (Attachments: #1 Exhibit Excerpts of McClellan Depo)(Ward, Steven)
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Filing 146
MOTION to Strike Affidavit of David R. McLellan and Legal Memorandum in Support by Defendant Ford Motor Company (Attachments: #1 Exhibit Affidavit of David McLellan)(Ward, Steven)
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Filing 145
REPLY to Response to Motion by Defendant Ford Motor Company re: #101 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. Shawn Parcells (Attachments: #1 Exhibit)(Ward, Steven)
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Filing 144
RESPONSE by Defendant Ford Motor Company re #140 MOTION for Leave to file Rule 30(b)(6) Notice to Take Deposition Defendant Ford Motor Company's Corporate Representative (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Ward, Steven)
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Filing 143
MEMORANDUM AND ORDER granting in part and denying in part #96 Defendant Ford Motor Company's Motion to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures. Signed by Magistrate Judge Teresa J. James on 4/1/2016. (byk)
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Filing 142
CD EXHIBITS IN SUPPORT of #102 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. David McLellan, Exhibit D (Doc 132-5) and #99 MOTION for Summary Judgment , Exhibit L (130-19) by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed. CD filed conventionally and maintained in the Clerk's Office. (hw)
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Filing 141
ORDER REFERRING MOTION to Magistrate Judge Teresa J. James re #140 MOTION for Leave to file Rule 30(b)(6) Notice to Take Deposition Defendant Ford Motor Company's Corporate Representative filed by Diane L. McDermed, Georgia Lee Iocco, Paul C. McDermed Signed by District Judge Carlos Murguia on 3/29/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 140
MOTION for Leave to file Rule 30(b)(6) Notice to Take Deposition Defendant Ford Motor Company's Corporate Representative by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C")(Kjorlie, Eric)
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Filing 139
ORDER granting #135 Defendant's Motion for Extension of Time to File Reply re #102 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. David McLellan, #99 MOTION for Summary Judgment , #101 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. Shawn Parcells Reply deadline 4/4/2016. Signed by District Judge Carlos Murguia on 3/24/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 138
ORDER granting #136 Plaintiff's Motion for Leave to File "D" and "L" Conventionally. Signed by District Judge Carlos Murguia on 3/24/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 137
NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Brad E. Miller as to Ford Motor Company (Ward, Steven)
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Filing 136
Unopposed MOTION FOR LEAVE to File "D" and "L" Conventionally by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Attachments: #1 Exhibit "D", #2 Exhibit "L")(Kjorlie, Eric)
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Filing 135
MOTION for Extension of Time to File Reply as to #130 Response to Motion,,, #127 Response to Motion,, #132 Response to Motion,, by Defendant Ford Motor Company (Attachments: #1 Exhibit Email)(Ward, Steven)
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Filing 134
ORDER denying #108 Defendant's Motion to Strike Plaintiffs' Untimely Response; and denying #121 Defendant's Motion to Strike Plaintiffs' Response to Defendant's (Second) Motion to Strike. Defendant argues that Plaintiffs' #103 Response, filed on February 2, 2015, is untimely as it was not filed within the 14-day time period established by D. Kan. Rule 6.1(d)(1). Plaintiffs do not dispute that their response is untimely filed, but request that the Court exercise its inherent equitable power, which includes the power to grant Plaintiffs the right to file their response out of time and for the Court to determine the issues raised in #96 Defendant's Motion to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures on the merits. Although Plaintiffs' response is untimely by five days, the Court will grant Plaintiffs leave to file it out of time. The length of the delay is short and Defendant is not prejudiced by such short delay over a weekend. The Court will consider Plaintiffs' #103 Response opposing #96 Defendant's Motion to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures. Because the Court is considering Plaintiffs' #103 Response and Plaintiffs timely filed their subsequent #114 Response to #108 Defendant's (Second) Motion to Strike Plaintiffs' Response, the Court finds no reason to strike that #114 Response. Signed by Magistrate Judge Teresa J. James on 3/23/2016. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 133
MEMORANDUM AND ORDER denying #93 Plaintiffs' Motion to Preserve and Compel Answers and Production of Documents Pertaining to Non-Litigated Claims; granting #124 Defendant's Motion to Strike; and striking #115 Plaintiffs' Renewed Motion to Compel. Plaintiffs, however, may file a motion for leave to depose Mr. Krishnaswami a second time in strict accordance with the requirements set out in the Order. Any such motion must be filed by 3/25/2016. To expedite consideration of the motion, Defendant's response to any such motion will be due seven days after the motion is filed and no reply will be allowed. Signed by Magistrate Judge Teresa J. James on 3/17/2016. (byk)
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Filing 132
RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #99 MOTION for Summary Judgment Defendant Ford Motor Company (Attachments: #1 Exhibit "A", #2 Exhibit "A-A", #3 Exhibit "A-B", #4 Exhibit "A-C", #5 Exhibit "A-D", #6 Exhibit "A-E", #7 Exhibit "B", #8 Exhibit "B-A", #9 Exhibit "B-B", #10 Exhibit "B-C", #11 Exhibit "B-D", #12 Exhibit "C", #13 Exhibit "D")(Kjorlie, Eric)
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Filing 131
(PLEASE DISREGARD - FILED INCORRECTLY - SEE DOCKET #132 FOR CORRECT ENTRY) RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #99 MOTION for Summary Judgment Defendant Ford Motor Company (Attachments: #1 Exhibit "A", #2 Exhibit "A-A", #3 Exhibit "A-B", #4 Exhibit "A-C", #5 Exhibit "A-D", #6 Exhibit "A-D", #7 Exhibit "B", #8 Exhibit "B-A", #9 Exhibit "B-B", #10 Exhibit "B-C", #11 Exhibit "B-D", #12 Exhibit "C", #13 Exhibit "D")(Kjorlie, Eric) Modified on 3/15/2016 (hw).
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Filing 130
RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #102 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. David McLellan BSME (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G", #8 Exhibit "G-A", #9 Exhibit "G-B", #10 Exhibit "G-C", #11 Exhibit "G-D", #12 Exhibit "G-E", #13 Exhibit "G-F", #14 Exhibit "G-G-Page 18", #15 Exhibit "G-H", #16 Exhibit "G-I-Page 20", #17 Exhibit "G-J", #18 Exhibit "G-K", #19 Exhibit "G-L")(Kjorlie, Eric)
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Filing 129
RESPONSE by Defendant Ford Motor Company re #118 MOTION in Limine Dr. William R. Scott/Cynthia M. Day M.D. Plaintiffs' Motion in Limine to Preclude Dr. William R. Scott, Ford's Biomechanical Engineer's Testimony Re Medical Causation or Injuries and Death; and Dr. Scott's In-House Radiologist Cynthia M. Day, M.D.'s Report/Testify [Doc. 118] (Attachments: #1 Exhibit Affidavit of William Scott, #2 Exhibit CV of William Scott, #3 Exhibit Excerpts of William Scott Depo, #4 Exhibit Testimony History of William Scott)(Miller, Brad)
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Filing 128
RESPONSE by Defendant Ford Motor Company re #117 MOTION in Limine Ford's Expert Gregory A. Miller, P.E. re Plaintiffs' Motion in Limine to Preclude Defendant's Designated Expert Witness, Gregory A. Miller, P.E., to Testify Regarding Defendant's Compliance With Federal Motor Vehicle Safety Standards (Miller, Brad)
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Filing 127
RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #101 MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. Shawn Parcells BS, MSHAPIA, PA (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G", #8 Exhibit "G-A", #9 Exhibit "G-B", #10 Exhibit "G-C-First Article", #11 Exhibit "G-C-Second Article-Part 1", #12 Exhibit "G-C-Second Article- Part 2", #13 Exhibit "G-D")(Kjorlie, Eric)
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Filing 126
MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: TELEPHONE STATUS CONFERENCE held on 3/11/2016 regarding Plaintiffs' #93 Motion and #115 Renewed Motion to Compel and Defendant's #96 #108 #121 #124 Motions to Strike. Plaintiffs appeared through counsel, Eric Kjorlie. Defendant appeared through counsel, Brad Miller and Steven Ward. The Court advised Defendant that it need not file a response to Plaintiff's #115 Renewed Motion to Compel. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 125
ORDER REFERRING MOTION to Magistrate Judge Teresa J. James re #124 MOTION to Strike Plaintiffs' Renewed Motion to Preserve and Compel Answers and Production of Documents Pertaining to Non-Litigated Claims and List of Lawsuits [Doc. 115] filed by Ford Motor Company. Signed by District Judge Carlos Murguia on 3/9/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 124
MOTION to Strike Plaintiffs' Renewed Motion to Preserve and Compel Answers and Production of Documents Pertaining to Non-Litigated Claims and List of Lawsuits [Doc. 115] by Defendant Ford Motor Company (Miller, Brad)
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Filing 123
ORDER SETTING TELEPHONE CONFERENCE: Telephone Conference set for 3/11/2016 at 11:00 AM before Magistrate Judge Teresa J. James regarding Plaintiffs' #93 Motion and #115 Renewed Motion to Compel and Defendant's #96 #108 #121 Motions to Strike. PARTICIPATING COUNSEL AND PRO SE PARTIES MUST DIAL 888-363-4749 and enter Access Code 4901386 to join the conference. Signed by Magistrate Judge Teresa J. James on 3/8/2016. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(byk)
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Filing 122
ORDER REFERRING MOTION to Judge Teresa J. James re #121 MOTION to Strike Plaintiffs' Response to Defendant Ford Motor Company's (Second) Motion to Strike Plaintiffs' Response to Their Untimely Supplemental Rule 26 Disclosures [Doc. 114]; Reply in Support of Ford Motor Company's Mot filed by Ford Motor Company. Signed by District Judge Carlos Murguia on 3/8/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 121
MOTION to Strike Plaintiffs' Response to Defendant Ford Motor Company's (Second) Motion to Strike Plaintiffs' Response to Their Untimely Supplemental Rule 26 Disclosures [Doc. 114]; Reply in Support of Ford Motor Company's Motion to Strike Plaintiffs' Untimely Response to Ford Motor Company's Motion to Strike [Doc. 108]; and Ford Motor Company's Sur-Sur-Reply in Support of Its Motion to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures [Doc. 96]. by Defendant Ford Motor Company (Miller, Brad)
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Filing 120
RESPONSE by Defendant Ford Motor Company re #112 MOTION for extension of time Opposed Motion for Leave for Additional Time to Respond to Defendant Ford's Motion to Exclude the Testimony of Plaintiffs' Expert David McLellan (Miller, Brad)
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Filing 119
RESPONSE by Defendant Ford Motor Company re #111 MOTION for extension of time Opposed Motion for Leave for Additional Time to Respond to Defendant Ford's Motion to Exclude the Testimony of Plaintiffs' Expert Shawn Parcells (Miller, Brad)
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Filing 118
MOTION in Limine Dr. William R. Scott/Cynthia M. Day M.D. by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Attachments: #1 Affidavit Shawn L. Parcells, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "D", #6 Exhibit "E", #7 Exhibit "F", #8 Exhibit "G", #9 Exhibit "H", #10 Exhibit "I", #11 Exhibit "J", #12 Exhibit "K", #13 Exhibit "L", #14 Excerpts of Deposition "B")(Kjorlie, Eric) (Main Document 118 replaced on 3/2/2016. Original document was incorrect.) (hw). Modified on 3/2/2016 to replace main document(hw).
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Filing 117
MOTION in Limine Ford's Expert Gregory A. Miller, P.E. by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Kjorlie, Eric)
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Filing 116
ORDER REFERRING MOTION to Magistrate Judge Teresa J. James re #115 Second MOTION to Compel and Preserve (Doc. 93) filed by Diane L. McDermed, Georgia Lee Iocco, Paul C. McDermed. Signed by District Judge Carlos Murguia on 2/29/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 115
Second MOTION to Compel and Preserve (Doc. 93) by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Attachments: #1 Affidavit Plaintiffs' Counsel Renewed Motion to Preserve and Compel, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "D", #6 Exhibit "E", #7 Exhibit "F")(Kjorlie, Eric)
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Filing 114
RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #108 MOTION to Strike Plaintiffs' Untimely Response to Ford's Motion to Strike and Reply in Support of its Motion to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures (Attachments: #1 Appendix Plaintiffs' Response to Defendant's (Second) Motion to Strike, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "D", #6 Exhibit "E", #7 Exhibit "F", #8 Exhibit "G", #9 Exhibit "H", #10 Exhibit "I", #11 Exhibit "J", #12 Exhibit "K", #13 Exhibit "L")(Kjorlie, Eric)
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Filing 113
ORDER granting #110 Plaintiff's Motion for Extension of Time to File Response re #99 MOTION for Summary Judgment. Response deadline 3/14/2016. Signed by District Judge Carlos Murguia on 2/19/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 112
MOTION for extension of time Opposed Motion for Leave for Additional Time to Respond to Defendant Ford's Motion to Exclude the Testimony of Plaintiffs' Expert David McLellan by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Kjorlie, Eric)
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Filing 111
MOTION for extension of time Opposed Motion for Leave for Additional Time to Respond to Defendant Ford's Motion to Exclude the Testimony of Plaintiffs' Expert Shawn Parcells by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Kjorlie, Eric)
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Filing 110
Unopposed MOTION for Extension of Time to File To File Response to Defendant Ford's Motion for Summary Judgment as to #100 Memorandum in Support of Motion, #99 MOTION for Summary Judgment by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Kjorlie, Eric)
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Filing 109
ORDER REFERRING MOTION to Teresa J. James re #108 MOTION to Strike Plaintiffs' Untimely Response to Ford's Motion to Strike and Reply in Support of its Motion to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures filed by Ford Motor Company. Signed by District Judge Carlos Murguia on 2/16/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 108
MOTION to Strike Plaintiffs' Untimely Response to Ford's Motion to Strike and Reply in Support of its Motion to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures by Defendant Ford Motor Company (Miller, Brad)
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Filing 107
CD EXHIBIT (K) IN SUPPORT of #103 Response to #96 MOTION to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures and Memorandum of Law by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed. CD filed conventionally and maintained in the Clerk's Office pursuant to the Court's 106 Order. (mg)
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Filing 106
ORDER granting #104 Plaintiffs' Unopposed Motion for an Order Granting Leave to File Conventionally Plaintiffs' Response Exhibit "K." Plaintiffs are permitted to conventionally file a CD containing a video as Exhibit "K" to their #103 Response to Defendant's Motion to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures. Plaintiffs shall forthwith submit the referenced CD to the Clerk's Office for conventional filing. Signed by Magistrate Judge Teresa J. James on 2/5/2016. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 105
ORDER REFERRING MOTION to Magistrate Judge Teresa J. James re #104 Unopposed MOTION FOR LEAVE to File Plaintiffs' Response Exhibit "K" Conventionally filed by Diane L. McDermed, Georgia Lee Iocco, Paul C. McDermed. Signed by District Judge Carlos Murguia on 2/4/16. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 104
Unopposed MOTION FOR LEAVE to File Plaintiffs' Response Exhibit "K" Conventionally by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (Kjorlie, Eric)
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Filing 103
RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #96 MOTION to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures and Memoradum of Law (Attachments: #1 Appendix Exhibits "A"-"N", #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "D", #6 Exhibit "E", #7 Exhibit "F", #8 Exhibit "G", #9 Exhibit "H", #10 Exhibit "I", #11 Exhibit "J", #12 Exhibit "K", #13 Exhibit "L", #14 Exhibit "M", #15 Exhibit "N")(Kjorlie, Eric)
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Filing 102
MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. David McLellan by Defendant Ford Motor Company (Attachments: #1 Exhibit Resume of David McLellan, #2 Excerpts of Deposition of David McLellan)(Miller, Brad)
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Filing 101
MOTION to Exclude the Expert Testimony of Plaintiffs' Expert Witness Mr. Shawn Parcells by Defendant Ford Motor Company (Attachments: #1 Excerpts of Deposition of Shawn Parcells)(Miller, Brad)
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Filing 100
MEMORANDUM IN SUPPORT of #99 MOTION for Summary Judgment by Defendant Ford Motor Company (Attachments: #1 Excerpts of Deposition of Shawn Parcells, #2 Excerpts of Deposition of David McLellan, #3 Excerpts of Deposition of Emma Edwards)(Miller, Brad)
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Filing 99
MOTION for Summary Judgment by Defendant Ford Motor Company (Miller, Brad)
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Filing 98
PRETRIAL ORDER. Dispositive motion deadline 2/1/2016. Jury Trial set for 9/6/2016 at 01:00 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. Estimated trial time 10-12 days. If no dispositive motions are timely filed, or if the case remains at issue after timely dispositive motions have been decided, then the trial judge will enter an order or convene another pretrial conference to discuss, among other things, setting deadlines for filing final witness and exhibit disclosures, exchanging and marking trial exhibits, designating deposition testimony for presentation at trial, motions in limine, and proposed jury instructions. Signed by Magistrate Judge Teresa J. James on 1/26/2016. (byk)
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Filing 97
RESPONSE by Defendant Ford Motor Company re #93 MOTION to Compel Discovery/Non-Litigated Claims (Attachments: #1 Exhibit Exhibit A)(Miller, Brad)
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Filing 96
MOTION to Strike Plaintiffs' Untimely Supplemental Rule 26 Disclosures by Defendant Ford Motor Company (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, Part 1, #8 Exhibit Exhibit G, Part 2, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N)(Miller, Brad)
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Filing 95
MINUTE ENTRY and ORDER from FINAL PRETRIAL CONFERENCE held by telephone on 1/12/2016 before Magistrate Judge Teresa J. James. The parties advised that they have made substantial progress toward resolving the discovery disputes raised in #93 Plaintiffs' Motion to Preserve and Compel Answers and Production of Documents Pertaining to Non-Litigated Claims. On the Court's own motion, the deadline for either Defendant to file its response or for the parties to file a stipulation that the issues in Plaintiffs' motion have been resolved and it can be withdrawn is extended to 1/18/2016. Plaintiffs' request to amend the pleadings to add a duty to warn claim based upon negligence is denied as untimely. At the unopposed request of Defendant, the current 2/12/2016 mediation deadline is continued indefinitely. After the parties have filed their motions to exclude expert testimony, they shall confer and discuss whether mediation or another ADR process would be fruitful. The parties shall submit their revised Pretrial Order, with the changes discussed at the Pretrial Conference, no later than 1/22/2016. Signed by Magistrate Judge Teresa J. James on 1/12/2016. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 94
CERTIFICATE OF SERVICE Defendant Ford Motor Company's Settlement Counter-Proposal by Ford Motor Company. (Miller, Brad)
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Filing 93
MOTION to Compel Discovery/Non-Litigated Claims by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C")(Kjorlie, Eric)
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Filing 92
CERTIFICATE OF COMPLIANCE (re Plaintiffs' Position Pertaining to Plaintiffs' Supplemental Initial Disclosures) by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #90 Order. (Kjorlie, Eric)
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Filing 91
CERTIFICATE OF COMPLIANCE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #90 Order,,, Plaintiffs' Good Faith Settlement Demand. (Kjorlie, Eric)
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Filing 90
ORDER MEMORIALIZING RULINGS FROM DECEMBER 11, 2015 STATUS CONFERENCE. If counsel cannot reach an agreement regarding the propriety of Plaintiffs' 11/24/2015 supplemental initial disclosures, then Defendant may file a motion to strike and/or exclude such supplemental disclosures by 1/15/2016. Any motion by Plaintiffs to compel the non-litigated claims discovery from Defendant shall be filed by 12/31/2015. The deadline for Plaintiffs to submit a good-faith settlement proposal to Defendant is extended to 12/21/2015. The deadline for Defendant to make a good-faith settlement counter-proposal is extended to 1/15/2016. The deadline for the parties to jointly file a mediation notice, or submit their respective confidential settlement reports, is extended to 2/5/2016. The deadline for the parties to complete mediation remains 2/12/2016. See Order for more deadlines and information. Signed by Magistrate Judge Teresa J. James on 12/15/2015. (byk)
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Filing 89
MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: STATUS CONFERENCE held on 12/11/2015. Written order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 88
ORDER SETTING STATUS CONFERENCE: Telephone Status Conference set for 12/11/2015 at 10:00 AM before Magistrate Judge Teresa J. James to discuss discovery issues raised by the parties, including the supplementation of initial disclosures and the exchange of good faith settlement proposals. Participating counsel should dial 913-735-2279 to join the telephone conferences with the Magistrate Judge. Please do not call more than five minutes prior to the scheduled time. Signed by Magistrate Judge Teresa J. James on 12/10/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(byk)
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Filing 87
RESPONSE to #78 Notice to Take Deposition by Defendant Ford Motor Company. (Miller, Brad)
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Filing 86
AMENDED NOTICE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed of taking deposition of William R. "Mike" Scott, Ph.D. on December 18, 2015 (Attachments: #1 Exhibit "A")(Kjorlie, Eric)
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Filing 85
CERTIFICATE OF SERVICE of Plaintiffs' Rule 26 (e) (1) Supplemental Initial Disclosures by Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed. (Kjorlie, Eric)
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Filing 84
AMENDED NOTICE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed of taking deposition of Ram Krishnaswami Rule 30(b)(6) on December 4, 2015 (Kjorlie, Eric)
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Filing 83
ORDER granting #82 Plaintiffs' Second Motion for Leave to Extend Discovery Deadline only for the limited purpose of taking the deposition of Defendant Ford's expert witness. The Scheduling Order deadline for Plaintiffs to complete the deposition of Defendant Ford's designated expert witness, Dr. William "Mike" R. Scott, is hereby extended to 12/18/2015. Signed by Magistrate Judge Teresa J. James on 11/18/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 82
Second MOTION for Leave For Leave To Extend Discovery Deadline by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (referred to Magistrate Judge Teresa J. James) (Kjorlie, Eric)
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Filing 81
MINUTE ENTRY and ORDER from DISCOVERY STATUS CONFERENCE held by telephone on 11/10/2015 before Magistrate Judge Teresa J. James. Plaintiff appeared through administrator Diane McDermed and counsel, Eric Kjorlie. Defendant appeared through counsel, Brad E. Miller and Steven E. Ward. At the request of the parties, the Rule 30(b)(6) deposition of Defendant's corporate representative will be taken on 12/8/2015. Counsel will attempt to reschedule the deposition of Defendant Ford's designated expert witness, Dr. William "Mike" R. Scott, to a mutually agreeable date before 12/15/2015, but if not possible will file a motion prior to that date requesting an extension of the discovery deadline for the limited purpose of completing Dr. Scott's deposition. Signed by Magistrate Judge Teresa J. James on 11/10/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 80
NOTICE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed of taking deposition of William R. "Mike" Scott, Ph.D. on December 8, 2015 at 9:30 a.m. (Attachments: #1 Exhibit "A")(Kjorlie, Eric)
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Filing 79
ORDER granting as unopposed #76 Plaintiffs' Motion for Leave to Extend Discovery Deadline only for the limited purpose of taking the deposition of Defendant Ford's expert witness. The Scheduling Order deadline for Plaintiff to complete the deposition of Defendant Ford's designated expert witness, Dr. William "Mike" R. Scott, is hereby extended to 12/8/2015. Signed by Magistrate Judge Teresa J. James on 11/6/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 78
NOTICE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed of taking deposition of Corporate Representative/Spokesperson on November 16, 2015 at 9:30 a.m. (Attachments: #1 Exhibit "A")(Kjorlie, Eric)
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Filing 77
CERTIFICATE OF SERVICE of Defendant Ford Motor Company's Supplemental Initial Disclosure Statement by Ford Motor Company. (Miller, Brad)
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Filing 76
Unopposed MOTION for extension of time Leave to Extend Discovery Deadline by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (referred to Magistrate Judge Teresa J. James) (Kjorlie, Eric)
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Filing 75
NOTICE by Defendant Ford Motor Company of taking deposition of Emma Edwards on October 16, 2015 (Miller, Brad)
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Filing 74
CERTIFICATE OF SERVICE of Defendant Ford Motor Company's Expert Witness Designations and Expert Reports pursuant to Federal Rule of Civil Procedure 26(a)(2) by Ford Motor Company. (Miller, Brad)
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Filing 73
MEMORANDUM AND ORDER denying #53 Defendant Ford Motor Company's Motion to Strike the Supplemental Attachments to Plaintiffs' Expert Report. Signed by Magistrate Judge Teresa J. James on 9/3/2015. (byk)
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Filing 72
NOTICE by Defendant Ford Motor Company of taking deposition of Matthew Orozco on October 16, 2015 (Miller, Brad)
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Filing 71
NOTICE by Defendant Ford Motor Company of taking deposition of David Hamersky on October 15, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 70
NOTICE by Defendant Ford Motor Company of taking deposition of Mark Johnson on October 15, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 69
NOTICE by Defendant Ford Motor Company of taking deposition of Ryan Neill on October 15, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 68
NOTICE by Defendant Ford Motor Company of taking deposition of Daniel McCollum on October 15, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 67
NOTICE by Defendant Ford Motor Company of taking deposition of Clinton Bearden on October 15, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 66
NOTICE by Defendant Ford Motor Company of taking deposition of Robert Simmons on October 16, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 65
NOTICE by Defendant Ford Motor Company of taking deposition of Evan Friedrichs on October 16, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 64
NOTICE by Defendant Ford Motor Company of taking deposition of Sara Friedrichs on October 16, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 63
NOTICE by Defendant Ford Motor Company of taking deposition of Bradley Ginter on October 16, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 62
NOTICE by Defendant Ford Motor Company of taking deposition of Kelly Adams on October 16, 2015 (Attachments: #1 Exhibit Subpoena)(Miller, Brad)
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Filing 61
STIPULATED ORDER GRANTING #54 FORD MOTOR COMPANY'S MOTION TO COMPEL THE REMOVAL AND NON-DESTRUCTIVE TESTING OF THE SUBJECT FRONT RIGHT PASSENGER SEAT BELT ASSEMBLY. Signed by Magistrate Judge Teresa J. James on 8/24/2015. (byk)
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Filing 60
NOTICE by Defendant Ford Motor Company of taking deposition of David R. McLellan on August 25, 2015 (Miller, Brad)
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Filing 59
NOTICE by Defendant Ford Motor Company of taking deposition of Shawn L. Parcells, BS, MSHAPI, PA on August 19, 2015 (Miller, Brad)
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Filing 58
NOTICE of Intent to Serve Subpoena to Testify at a Deposition in a Civil Action by Ford Motor Company (Attachments: #1 Exhibit A)(Miller, Brad)
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Filing 57
NOTICE of Intent to Serve Subpoena to Testify at a Deposition in a Civil Action by Ford Motor Company (Attachments: #1 Exhibit A)(Miller, Brad)
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Filing 56
REPLY to Response to Motion by Defendant Ford Motor Company re: #53 MOTION to Strike Supplemental Attachments to Plaintiffs' Expert Mr. David McLellan's Report and Memorandum of Law in Support (Miller, Brad)
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Filing 55
RESPONSE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #53 MOTION to Strike Supplemental Attachments to Plaintiffs' Expert Mr. David McLellan's Report and Memorandum of Law in Support in Opposition (Attachments: #1 Exhibit Index, #2 Exhibit "A"McLellan e-mail to Plaintiff's Attorney of 6-11-15 attached Final Expert Report, #3 Exhibit "B" Plaintiifs' Attorney e-mail to Defendant's Counsel attaching Final Expert Report, #4 Exhibit "C" 6-11-15 e-mail from Plaintiffs' Counsel's Office to Defendant's Counsel's Office containing fifteen (15) demo photographs, #5 Exhibit "D" 6-26-15 e-mail from Plaintiffs' Counsel's Office yo Defendant's Counsel's Office containing six (6) supplemental attachments to McLellan's Final Expert Report of 6-11-15, #6 Exhibit "E" Contour air bag demo photo, #7 Exhibit "F" NHTSA Abtract DOT HS 811 202 - "Fatalities in Frontal Crashes...", #8 Exhibit "G" CSU Study, "Increased Injuries and Death due to Air Bags", #9 Exhibit "H" NMTRI Publication 2008-40 "Abdominal Injury in Frontal Crashes...", #10 Exhibit "I" Abstract "Patterns of Abdominal Injuries in Frontal Automotive Crashes No. 98-S1-W-26, #11 Exhibit "J"Ford Abstract SAE #2001-22-0002)(Kjorlie, Eric)
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Filing 54
MOTION to Compel the Removal and Non-Destructive Testing of the Subject Front Right Passenger Seat Belt Assembly and Suggestions in Support by Defendant Ford Motor Company (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Exhibit McLellan Expert Report-Exhibit A, #2 Exhibit Testing Protocol-Exhibit B, #3 Exhibit Gregory Miller Affidavit-Exhibit C, #4 Exhibit Defendant's Certificate of Service-Exhibit D, #5 Exhibit Plaintiffs' Responses to Defendant's 1st RFP-Exhibit E, #6 Exhibit Email and attachments of 7-7-2015-Exhibit F, #7 Exhibit Email of 7-20-2015-Exhibit G, #8 Exhibit Email of 7-22-2015-Exhibit H)(Miller, Brad)
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Filing 53
MOTION to Strike Supplemental Attachments to Plaintiffs' Expert Mr. David McLellan's Report and Memorandum of Law in Support by Defendant Ford Motor Company (referred to Magistrate Judge Teresa J. James) (Miller, Brad)
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Filing 52
NOTICE by Defendant Ford Motor Company of taking deposition of Ali McDermed on July 13, 2015 (Ward, Steven)
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Filing 51
NOTICE by Defendant Ford Motor Company of taking deposition of Michelle Beavers on July 13, 2015 (Ward, Steven)
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Filing 50
NOTICE by Defendant Ford Motor Company of taking deposition of Bonnie Stovall on July 14, 2015 (Ward, Steven)
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Filing 49
NOTICE by Defendant Ford Motor Company of taking deposition of Charles Stovall on July 14, 2015 (Ward, Steven)
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Filing 48
NOTICE by Defendant Ford Motor Company of taking deposition of Paul McDermed on July 14, 2015 (Ward, Steven)
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Filing 47
NOTICE by Defendant Ford Motor Company of taking deposition of Emma Edwards on July 14, 2015 (Ward, Steven)
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Filing 46
CERTIFICATE OF SERVICE of Certificate of Service of Ford's Response to Plaintiff's RFP by Ford Motor Company. (Ward, Steven)
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Filing 45
CERTIFICATE OF SERVICE of Certificate of Service for Ford's Answers to Plaintiffs' Second INT by Ford Motor Company. (Ward, Steven)
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Filing 44
CERTIFICATE OF COMPLIANCE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed Re #21 Scheduling Order, Supplemental Attachments. (Kjorlie, Eric)
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Filing 43
AMENDED SCHEDULING ORDER Granting in Part and Denying in Part #41 the Parties' Joint Motion to Extend Discovery Deadlines. Jointly filed mediation notice, or confidential settlement reports to the Magistrate Judge due 12/29/2015. Telephone Discovery Status Conference set for 11/10/2015 at 11:00 AM before Magistrate Judge Teresa J. James. Discovery deadline 12/15/2015. Proposed Pretrial Order due by 1/5/2016. Final Pretrial Conference set for 1/12/2016 at 01:30 PM by telephone before Magistrate Judge Teresa J. James. Participating counsel should dial 913-735-2279 to join the telephone conferences with the Magistrate Judge. Please do not call more than five minutes prior to the scheduled time. Dispositive motion deadline 2/1/2016. Mediation deadline 2/12/2016. Jury Trial set on a docket beginning on 9/6/2016 at 01:00 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. See Amended Scheduling Order for more deadlines and details. Signed by Magistrate Judge Teresa J. James on 6/24/2015. (byk)
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Filing 42
MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: TELEPHONE STATUS/SCHEDULING CONFERENCE held on 6/23/2015 re the parties' #41 Joint Motion to Extend Discovery Deadlines. Amended Scheduling Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 41
Joint MOTION to Amend Scheduling Order by Defendant Ford Motor Company (referred to Magistrate Judge Teresa J. James) (Ward, Steven)
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Filing 40
CERTIFICATE OF COMPLIANCE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #21 Scheduling Order, Certificate of Compliance/Designation of Expert Witness. (Kjorlie, Eric)
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Filing 39
CERTIFICATE OF COMPLIANCE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed re #21 Scheduling Order, Supplemental Certificate of Compliance. (Kjorlie, Eric)
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Filing 38
NOTICE OF SERVICE by Diane L. McDermed of DISCOVERY (Kjorlie, Eric)
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Filing 37
CERTIFICATE OF SERVICE of Defendant Ford's Answers to Plaintiff's First Set of Interrogatories by Ford Motor Company. (Miller, Brad)
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Filing 36
ORDER CONTINUING DISCOVERY STATUS CONFERENCE. The Discovery Status Conference, presently set for 6/17/2015, is hereby continued to 6/23/2015 at 11:00 AM before Magistrate Judge Teresa J. James. Counsel shall dial 913-735-2279 to join the conference. The conference line will open 5 minutes before the scheduled time. Signed by Magistrate Judge Teresa J. James on 5/4/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(byk)
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Filing 35
ORDER CONTINUING DISCOVERY STATUS CONFERENCE. The Discovery Status Conference, presently set for 6/10/2015, is hereby continued one week to 6/17/2015 at 01:30 PM before Magistrate Judge Teresa J. James. Counsel shall dial 913-735-2279 to join the conference. The conference line will open 5 minutes before the scheduled time. Signed by Magistrate Judge Teresa J. James on 4/30/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(byk)
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Filing 34
ORDER granting #33 Defendant Ford Motor Company's unopposed Motion for Additional Time to Respond to Plaintiffs' First Interrogatories. The deadline for Defendant to serve its answers and objections to Plaintiffs' First Set of Interrogatories is hereby extended to May 4, 2015. Signed by Magistrate Judge Teresa J. James on 4/30/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 33
MOTION for extension of time to Respond to Plaintiffs' First Interrogatories by Defendant Ford Motor Company (referred to Magistrate Judge Teresa J. James) (Miller, Brad)
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Filing 32
ORDER granting #31 the parties' Joint Motion to Extend Expert Witness Deadlines. For good cause shown, the #21 Scheduling Order deadline for Plaintiffs to produce their experts for depositions is hereby extended to 6/15/2015. Defendant's deadline to serve its disclosures required by Fed. R. Civ. P. 26(a)(2), including reports from retained experts, is extended to 7/1/2015. Defendant's deadline to produce its experts for depositions is extended to 8/12/2015. Signed by Magistrate Judge Teresa J. James on 4/21/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 31
Joint MOTION to Amend Scheduling Order to Extend Expert Witness Deadlines by Defendant Ford Motor Company (referred to Magistrate Judge Teresa J. James) (Miller, Brad)
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Filing 30
NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Kenneth J. Morton as to State Farm Mutual Automobile Insurance Company (Schaffer, Mark)
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Filing 29
NOTICE OF SERVICE by Diane L. McDermed of Discovery (Kjorlie, Eric)
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Filing 28
CERTIFICATE OF COMPLIANCE by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed Re: #21 Scheduling Order (Kjorlie, Eric)
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Filing 27
NOTICE OF SERVICE by Diane L. McDermed of Plaintiffs' Responses to Defendant's First Interrogatories and First Requests for Production of Documents all Plaintiffs (Kjorlie, Eric)
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Filing 26
ORDER granting #24 Plaintiffs' Motion for Additional Time to Respond to Defendant Ford's First Interrogatories and First Request for Production to Plaintiffs. For good cause shown, Plaintiffs are granted an additional thirty (30) days, up to and including 2/4/2015, in which to respond to Defendant Ford Motor Company's First Interrogatories and First Request for Production of Documents to Plaintiffs. Signed by Magistrate Judge Teresa J. James on 1/5/2015. (byk)
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Filing 25
DESIGNATION OF COMPARATIVE FAULT by Defendant Ford Motor Company. (Miller, Brad)
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Filing 24
MOTION for Extension of Time to File Response to Defendant's Discovery Requests as to #22 Certificate of Service by Plaintiffs Georgia Lee Iocco, Diane L. McDermed, Paul C. McDermed (referred to Magistrate Judge Teresa J. James) (Kjorlie, Eric)
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Filing 23
STIPULATED PROTECTIVE ORDER limiting the disclosure and use of Confidential Information. Signed by Magistrate Judge Teresa J. James on 12/29/2014. (byk)
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Filing 22
CERTIFICATE OF SERVICE of Defendant's First Interrogatories and First Requests for Production to Plaintiffs by Ford Motor Company. (Miller, Brad)
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Filing 21
SCHEDULING ORDER: Mediation deadline 7/1/2015. Discovery Status Conference set for 6/10/2015 at 01:30 PM by telephone before Magistrate Judge Teresa J. James. Discovery deadline 11/13/2015. Proposed Pretrial Order due by 12/1/2015. Final Pretrial Conference set for 12/8/2015 at 02:00 PM by telephone before Magistrate Judge Teresa J. James. Both telephone conferences will be conducted as a Meet Me dial-in conference call, requiring counsel to dial 913-735-2279 to join the conference. Dispositive motion deadline 12/29/2015. Jury Trial set for 7/27/2016 at 09:00 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Estimated trial time 10 days. See Scheduling Order for other deadlines and details. Signed by Magistrate Judge Teresa J. James on 12/3/2014. (byk)
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Filing 20
MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: SCHEDULING CONFERENCE held on 12/2/2014. Scheduling Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ck)
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Filing 19
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Scheduling Conference reset for 12/2/2014 at 02:30 PM in Telephone before Magistrate Judge Teresa J. James. Parties please dial in to 913-735-2279. (ck)
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Filing 18
CERTIFICATE OF SERVICE of Plaintiffs' Rule 26(a) Initial Disclosures and Appendix by Diane L. McDermed. (Kjorlie, Eric)
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Filing 17
ORDER granting #16 Unopposed Motion for Extension of Time to Respond or Serve Objections to Subpoena filed by non-party State Farm Mutual Automobile Insurance Company. For good cause shown, the Fed. R. Civ. P. 45(d)(2)(B) deadline for the subpoenaed party, State Farm Mutual Automobile Insurance Company, to serve its objection or response to Defendant's subpoena requesting its claim file is hereby extended ten (10) days, up to and including 12/5/2014. Signed by Magistrate Judge Teresa J. James on 11/25/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 16
Unopposed MOTION for extension of time to Respond or Serve Objections to Subpoena by Objector State Farm Mutual Automobile Insurance Company(Morton, Kenneth)
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Filing 15
ENTRY OF APPEARANCE by Kenneth J. Morton on behalf of State Farm Mutual Automobile Insurance Company. (Morton, Kenneth)
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Filing 14
CERTIFICATE OF SERVICE of Defendant Ford Motor Company's Rule 26(a) Disclosures by Ford Motor Company. (Miller, Brad)
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Filing 13
ORDER granting #11 and #12 Motions to Appear Pro Hac Vice of Sherry A. Rozell and Rodney E. Loomer for Ford Motor Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 11/20/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg)
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Filing 12
MOTION for attorney Rodney E. Loomer to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-3238289.) by Defendant Ford Motor Company (Attachments: #1 Affidavit Affidavit, #2 ECF Registration Form ECF Registration Form)(Ward, Steven)
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Filing 11
MOTION for attorney Sherry A. Rozell to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-3238284.) by Defendant Ford Motor Company (Attachments: #1 Affidavit Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 Declaration ECF Registration Form)(Ward, Steven)
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Filing 10
RETURN OF SERVICE of subpoena(s) filed by Defendant Ford Motor Company executed upon State Farm Auto Claims on 11-11-2014 by Regular Mail (Miller, Brad)
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Filing 9
RETURN OF SERVICE of subpoena(s) filed by Defendant Ford Motor Company executed upon Key Insurance Company on 11-11-2014 by Regular Mail (Miller, Brad)
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Filing 8
(DISREGARD ENTRY - FILED IN INCORRECT CASE) INITIAL ORDER REGARDING PLANNING AND SCHEDULING: (ck) Modified on 10/9/2014 to block from public view. (kao)
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Filing 7
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 12/2/2014 at 01:00 PM by Telephone before Magistrate Judge Teresa J. James. Report of Parties Planning Meeting and Rule 26 Initial Disclosures deadline: 11/25/2014. The report must follow the prescribed form and must be submitted electronically in.pdf format as an attachment to an e-mail sent to ksd_james_chambers@ksd.uscourts.gov. It must not be filed with the Clerk's Office. Signed by Magistrate Judge Teresa J. James on 10/9/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ck) Modified on 10/9/2014 to correct date by which completed report of parties planning conference is due. Correct date is 11/25/14. (kao)
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Filing 6
ANSWER to Complaint by Ford Motor Company.(Ward, Steven)
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Filing 5
CERTIFICATE OF SERVICE of Certificate of Mailing Complaint and Designation of Place of Trial by Diane L. McDermed re #3 Designation of Place of Trial, #1 Complaint (Kjorlie, Eric)
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Filing 4
SUMMONS RETURNED EXECUTED -- Personal Service by Diane L. McDermed upon All Plaintiffs (Kjorlie, Eric)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Diane L. McDermed - trial to be held in Kansas City. (Kjorlie, Eric)
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Filing 2
CIVIL COVER SHEET by Plaintiff Diane L. McDermed . (Kjorlie, Eric)
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Filing 1
COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number 1083-3159073.), filed by Diane L. McDermed .(Kjorlie, Eric)
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SUMMONS ISSUED as to Ford Motor Company. Summons emailed to Plaintiff's Attorney for service.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Carlos Murguia and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta)
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