Wurm v. Ford Motor Company
Plaintiff: Matthew R. Wurm
Defendant: Ford Motor Company
Case Number: 2:2018cv02322
Filed: June 15, 2018
Court: US District Court for the District of Kansas
Office: Kansas City Office
County: Shawnee
Presiding Judge: John W Lungstrum
Referring Judge: Gerald L Rushfelt
2 Judge: Holly L Teeter
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2021 Filing 115 APPEAL MANDATE from 10CCA: AFFIRMING decision of the District Court. (Appeal No. 20-3126) (Attachments: #1 Transmittal Letter)(kas)
July 21, 2020 Filing 114 LETTER TO 10CCA stating record is complete re #110 Notice of Appeal - Final Judgment. ( Appeal No. 20-3126) (smc)
July 20, 2020 Filing 113 TRANSCRIPT ORDER FORM: No Transcript Required filed by Matthew R. Wurm re #110 Notice of Appeal - Final Judgment, (Kjorlie, Eric)
July 2, 2020 Filing 112 APPEAL DOCKETED in 10CCA on 7/1/2020 and assigned Appeal No. 20-3126 re #110 Notice of Appeal - Final Judgment filed by Matthew R. Wurm. (smc)
July 1, 2020 Filing 111 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re #110 Notice of Appeal - Final Judgment. (Attachments: #1 Preliminary Packet)(smc)
July 1, 2020 Filing 110 NOTICE OF APPEAL as to #102 Judgment, #101 Order on Motion to Exclude, Order on Motion to Strike, Order on Motion for Sanctions, Order on Motion for Summary Judgment by Plaintiff Matthew R. Wurm. Filing fee $ 505, Internet Payment Receipt Number AKSDC-5185873. (Kjorlie, Eric)
June 1, 2020 Opinion or Order Filing 109 MEMORANDUM AND ORDER denying #105 Motion for New Trial Altering or Amending the Court's Memorandum and Order. Each party shall bear their own costs related to the motion. Signed by District Judge Holly L. Teeter on 6/1/2020. (jal)
May 26, 2020 Filing 108 REPLY TO RESPONSE TO MOTION by Plaintiff Matthew R. Wurm re: #105 MOTION for New Trial Altering and Amending the Courts Memorandum and Order (Attachments: #1 Exhibit "AA", #2 Exhibit "BB", #3 Exhibit "CC")(Kjorlie, Eric)
May 11, 2020 Filing 107 RESPONSE by Defendant Ford Motor Company re #105 MOTION for New Trial Altering and Amending the Courts Memorandum and Order (Rozell, Sherry)
April 28, 2020 Filing 106 MEMORANDUM IN SUPPORT of #105 MOTION for New Trial Altering and Amending the Courts Memorandum and Order by Plaintiff Matthew R. Wurm (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G")(Kjorlie, Eric)
April 28, 2020 Filing 105 MOTION for New Trial Altering and Amending the Courts Memorandum and Order by Plaintiff Matthew R. Wurm (Kjorlie, Eric)
April 14, 2020 Opinion or Order Filing 104 ORDER granting #103 Motion for Extension of Time. Plaintiff seeks an extension until April 28, 2020 to file a motion for reconsideration of the order granting the Daubert motions. Defendant, via email to the Court, does not oppose the motion. Although the grounds for a motion for reconsideration are limited, the Court grants the requested extension. Plaintiff may file a motion for reconsideration of the order granting the Daubert motions on or before April 28, 2020. Signed by District Judge Holly L. Teeter on 4/14/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
April 14, 2020 Filing 103 MOTION for Extension of Time to File Motion for Reconsideration Doc. 68 and Doc. 72 as to #101 Order on Motion to Exclude, Order on Motion to Strike, Order on Motion for Sanctions, Order on Motion for Summary Judgment by Plaintiff Matthew R. Wurm (Kjorlie, Eric)
April 1, 2020 Filing 102 JUDGMENT ENTERED: Pursuant to the Memorandum and Order (Doc. #101 ), judgment is entered in favor of Defendant Ford Motor Company against Plaintiff Matthew R. Wurm and this action is dismissed without prejudice. Signed by deputy clerk on 4/1/2020. (jal)
April 1, 2020 Opinion or Order Filing 101 MEMORANDUM AND ORDER ENTERED: Ford's Motion to Exclude the Expert Testimony of Shawn Parcells (Doc. #68 ) and Motion to Exclude the Expert Testimony of David McLellan (Doc. #72 ) are GRANTED. The testimony of both Parcells and McLellan is EXCLUDED. Ford's Motion for Summary Judgment (Doc. #76 ) is GRANTED. Judgment is to be entered in favor of Ford. Ford's Motion to Strike Errata Changes (Doc. #70 ) is GRANTED. The Court STRIKES the deposition errata changes of Parcells and Kerley. Ford's Motion for Sanctions (Doc. #74 ) is DENIED WITHOUT PREJUDICE as moot. Signed by District Judge Holly L. Teeter on 4/1/2020. (jal)
March 9, 2020 Filing 100 REPLY TO RESPONSE TO MOTION by Defendant Ford Motor Company re: #70 MOTION to Strike Errata Changes (Rozell, Sherry)
March 9, 2020 Filing 99 REPLY TO RESPONSE TO MOTION by Defendant Ford Motor Company re: #74 MOTION for Sanctions (Rozell, Sherry)
March 5, 2020 Filing 98 REPLY TO RESPONSE TO MOTION by Defendant Ford Motor Company re: #76 MOTION for Summary Judgment (Attachments: #1 Ex. A-Depo of David McLellan, #2 Ex. B-Depo of Mathew Wurm)(Rozell, Sherry)
March 5, 2020 Filing 97 REPLY TO RESPONSE TO MOTION by Defendant Ford Motor Company re: #68 MOTION to Exclude Testimony of Expert Shawn Parcells (Attachments: #1 Exhibit 1-Depo of Shawn Parcells, #2 Exhibit 2-Depo of Brittany Kerley, #3 Exhibit 3-Depo of Matthew Wurm, #4 Exhibit 4-Depo of William Pagan)(Rozell, Sherry)
March 5, 2020 Filing 96 REPLY TO RESPONSE TO MOTION by Defendant Ford Motor Company re: #72 MOTION to Exclude Testimony of Expert Dave McLellan (Rozell, Sherry)
February 27, 2020 Opinion or Order Filing 95 ORDER granting #89 Motion for Leave to File Out of Time. Wurm is granted leave to file Doc. #87 and Doc. #88 out of time. Ford's reply deadlines as to its Motion to Strike (Doc. #70 ) and Motion for Sanctions (Doc. #74 ) are extended to March 9, 2020. Signed by District Judge Holly L. Teeter on 2/27/2020. (jal)
February 26, 2020 Filing 94 REPLY TO RESPONSE TO MOTION by Plaintiff Matthew R. Wurm re: #89 MOTION FOR LEAVE to File Non-Dispositive Motions to strike and Sanctions for Spoliation Out of Time (Kjorlie, Eric)
February 26, 2020 Filing 93 CONVENTIONALLY FILED VIDEO EXHIBIT IN SUPPORT of #85 Response to #72 Motion and #86 Response to #76 Motion. Original will be maintained in the clerk's office and a copy was provided to Judge Teeter's chambers.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.). (ydm)
February 26, 2020 Filing 92 RESPONSE by Defendant Ford Motor Company re #89 MOTION FOR LEAVE to File Non-Dispositive Motions to strike and Sanctions for Spoliation Out of Time (Rozell, Sherry)
February 24, 2020 Opinion or Order Filing 91 ORDER FOR EXPEDITING BRIEFING regarding #89 MOTION FOR LEAVE to File Non-Dispositive Motions to strike and Sanctions for Spoliation Out of Time filed by Matthew R. Wurm. Defendant's response is due by noon on February 26, 2020. Any reply by Plaintiff is due by noon on February 27, 2020. Signed by District Judge Holly L. Teeter on 2/24/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
February 23, 2020 Filing 90 MEMORANDUM IN SUPPORT of #89 MOTION FOR LEAVE to File Non-Dispositive Motions to strike and Sanctions for Spoliation Out of Time by Plaintiff Matthew R. Wurm(Kjorlie, Eric)
February 23, 2020 Filing 89 MOTION FOR LEAVE to File Non-Dispositive Motions to strike and Sanctions for Spoliation Out of Time by Plaintiff Matthew R. Wurm (Kjorlie, Eric)
February 16, 2020 Filing 88 RESPONSE by Plaintiff Matthew R. Wurm re #70 MOTION to Strike Errata Changes of Shawn Parcells and Brittany Kerley (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F")(Kjorlie, Eric)
February 16, 2020 Filing 87 RESPONSE by Plaintiff Matthew R. Wurm re #74 MOTION for Sanctions (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G")(Kjorlie, Eric)
February 13, 2020 Filing 86 RESPONSE by Plaintiff Matthew R. Wurm re #76 MOTION for Summary Judgment (Kjorlie, Eric)
February 13, 2020 Filing 85 RESPONSE by Plaintiff Matthew R. Wurm re #72 MOTION to Exclude Testimony of Expert Dave McLellan (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G", #8 Exhibit "H", #9 Exhibit "I", #10 Exhibit "J", #11 Exhibit "K", #12 Exhibit "L")(Kjorlie, Eric) (Attachment added: #13 Corrected Main Document) (mls)
February 13, 2020 Opinion or Order Filing 84 ORDER granting #83 Motion for Leave to File A Video Exhibit Conventionally to his responses to Defendant's Daubert Motion (McLellan)/Summary Judgment Motion. A two copies shall be provided to the Clerk's office (one for filing and one for chambers). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Signed by District Judge Holly L. Teeter on 2/13/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
February 13, 2020 Filing 83 Unopposed MOTION FOR LEAVE to File A Video Exhibit Conventionally to his responses to Defendant's Daubert Motion (McLellan)/ Summary Judgment Motion by Plaintiff Matthew R. Wurm (Kjorlie, Eric)
February 13, 2020 Filing 82 RESPONSE by Plaintiff Matthew R. Wurm re #68 MOTION to Exclude Testimony of Expert Shawn Parcells (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit"G", #8 Exhibit "H", #9 Exhibit "I", #10 Exhibit "J", #11 Exhibit "K", #12 Exhibit "L", #13 Exhibit "M", #14 Exhibit "N", #15 Exhibit"O", #16 Exhibit "P", #17 Exhibit "Q")(Kjorlie, Eric)
January 13, 2020 Opinion or Order Filing 81 ORDER granting #79 and #80 Motions for Extension of Time to File Response/Reply to non-dispositive and dispositive motions #68 , #70 , #72 , #74 and #76 . Response deadline is 2/13/2020. Reply deadline is 3/5/2020. Signed by District Judge Holly L. Teeter on 1/13/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
January 11, 2020 Filing 80 Unopposed MOTION for Extension of Time to File Response as to #76 MOTION for Summary Judgment , #77 Memorandum in Support of Motion by Plaintiff Matthew R. Wurm (Kjorlie, Eric)
January 11, 2020 Filing 79 Unopposed MOTION for Extension of Time to File Response as to #68 MOTION to Exclude Testimony of Expert Shawn Parcells, #74 MOTION for Sanctions , #72 MOTION to Exclude Testimony of Expert Dave McLellan, #73 Memorandum in Support of Motion, #75 Memorandum in Support of Motion, #71 Memorandum in Support of Motion, #70 MOTION to Strike Errata Changes, #69 Memorandum in Support of Motion, by Plaintiff Matthew R. Wurm (Kjorlie, Eric)
January 6, 2020 Filing 78 EXHIBIT(S) IN SUPPORT of #76 MOTION for Summary Judgment by Defendant Ford Motor Company (Attachments: #1 Exhibit 2- Wurm, Jr Deposition, #2 Exhibit 3 - Plaintiffs Initial Disclosures, #3 Exhibit 4 - McLellan Report, #4 Exhibit 5 - McLellan Resume, #5 Exhibit 6 - McLellan Deposition, #6 Exhibit 7 - McLellan Depo Excerpts, #7 Exhibit 8 - McLellan Declaration, #8 Exhibit 9- Parcells Deposition, #9 Exhibit 10 - McLellan Supplemental Report, #10 Exhibit 11 - Wurm. Sr. Deposition, #11 Exhibit 12 - Letter, #12 Exhibit 13 - Email, #13 Exhibit 14 - IAA Salvage Note, #14 Exhibit 15 - Late Model Parts Notes, #15 Exhibit 16 - Parcells Resume, #16 Exhibit 17 - Parcells Report, #17 Exhibit 18 - Krishnaswami Report, #18 Exhibit 19 - Vogler Report, #19 Exhibit 20 - Raphael Report, #20 Exhibit 21 - Toomey Report)(Rozell, Sherry)
January 3, 2020 Filing 77 MEMORANDUM IN SUPPORT of #76 MOTION for Summary Judgment by Defendant Ford Motor Company (Attachments: #1 Exhibits 1-21)(Rozell, Sherry).
January 3, 2020 Filing 76 MOTION for Summary Judgment by Defendant Ford Motor Company (Rozell, Sherry)
January 3, 2020 Filing 75 MEMORANDUM IN SUPPORT of #74 MOTION for Sanctions by Defendant Ford Motor Company (Attachments: #1 Exhibits 1-17)(Rozell, Sherry). #2 Exhibits 1-17 - Redacted) (smc). Modified on 1/7/2020; Redacted version of exhibits added on 1/7/2020; original exhibits blocked from public view due to violation of privacy policy. (smc)
January 3, 2020 Filing 74 MOTION for Sanctions by Defendant Ford Motor Company (Rozell, Sherry)
January 3, 2020 Filing 73 MEMORANDUM IN SUPPORT of #72 MOTION to Exclude Testimony of Expert Dave McLellan by Defendant Ford Motor Company (Attachments: #1 Exhibits 1-12)(Rozell, Sherry). #2 Exhibits 1-12 - Redacted (smc). Modified on 1/7/2020; Redacted version of exhibits added on 1/7/2020; original exhibits blocked from public view due to violation of privacy policy. (smc)
January 3, 2020 Filing 72 MOTION to Exclude Testimony of Expert Dave McLellan by Defendant Ford Motor Company (Rozell, Sherry)
January 3, 2020 Filing 71 MEMORANDUM IN SUPPORT of #70 MOTION to Strike Errata Changes by Defendant Ford Motor Company (Attachments: #1 Exhibit Exhibits 1-6)(Rozell, Sherry)
January 3, 2020 Filing 70 MOTION to Strike Errata Changes by Defendant Ford Motor Company (Rozell, Sherry)
January 3, 2020 Filing 69 MEMORANDUM IN SUPPORT of #68 MOTION to Exclude Testimony of Expert Shawn Parcells by Defendant Ford Motor Company (Attachments: #1 Exhibits 1-12)(Rozell, Sherry). (Redacted version of exhibits added on 1/7/2020; original exhibits blocked from public view due to violation of privacy policy. #2 Exhibits 1-12 - Redacted) (smc). Modified on 1/7/2020. (smc)
January 3, 2020 Filing 68 MOTION to Exclude Testimony of Expert Shawn Parcells by Defendant Ford Motor Company (Rozell, Sherry)
December 12, 2019 Filing 67 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING As stated in #66 the pretrial order, if this case is not resolved through summary-judgment practice and the district judge believes that mediation would be helpful, the magistrate judge has reserved June 2, 2020, to mediate this case. Settlement Conference set for 6/2/2020 at 9:00 AM in Location TBD before Magistrate Judge Angel D. Mitchell. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
December 12, 2019 Opinion or Order Filing 66 PRETRIAL ORDER ENTERED Estimated trial time is 8-10 days; Dispositive motion deadline 1/3/2020. Jury Trial set for 7/6/2020 at 9:30 AM before District Judge Holly L. Teeter. Signed by Magistrate Judge Angel D. Mitchell on 12/12/2019. (bh)
December 5, 2019 Filing 65 MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: FINAL PRETRIAL CONFERENCE held on 12/5/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
December 3, 2019 Filing 64 NOTICE of RESCHEDULED Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Final Pretrial Conference set for 12/5/2019 at 09:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht)
November 14, 2019 Opinion or Order Filing 63 ORDER RESCHEDULING Final Pretrial Conference. Final Pretrial Conference is now set for 12/3/2019 at 11:00 AM via Telephone (ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627) Proposed Pretrial Order due by 11/25/2019. Signed by Magistrate Judge Angel D. Mitchell on 11/14/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
October 28, 2019 Filing 62 SUMMONS RETURNED UNEXECUTED as to Ford Motor Company. (Attachments: #1 Envelope) (ydm)
October 17, 2019 Filing 61 RETURN OF SERVICE of subpoena executed upon Dr. Corey Wells on 10/11/2019 by Personal Service. (Attachments: #1 Envelope) (ydm)
October 7, 2019 Filing 60 NOTICE by Defendant Ford Motor Company of taking deposition of Cody Heckman, Dr. Lee E. Leinwetter, and Dr. Corey Wells on October 11, 2019 (Ward, Steven)
September 20, 2019 Filing 59 NOTICE OF SERVICE by Matthew R. Wurm of Rule 26(e) and Rule26(a)(2) Disclosures (Kjorlie, Eric)
September 6, 2019 Filing 58 CERTIFICATE OF SERVICE of Ford Motor Co.'s Expert Witness Designations and Expert Reports Pursuant to Federal Rule of Civil Procedure 26(a)(2) by Ford Motor Company. (Ward, Steven)
September 5, 2019 Filing 57 CERTIFICATE OF SERVICE of Ford Motor Co.'s First Supplemental Mandatory Disclosures by Ford Motor Company. (Ward, Steven)
August 20, 2019 Opinion or Order Filing 56 ORDER RESCHEDULING Final Pretrial Conference. Final Pretrial Conference rescheduled for 11/15/2019 at 11:00 AM via Telephone (ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627) before Magistrate Judge Angel D. Mitchell. No later than November 8, 2019, defense counsel must submit the parties' proposed pretrial order as an attachment to an email sent to ksd_mitchell_chambers@ksd.uscourts.gov. Signed by Magistrate Judge Angel D. Mitchell on 8/20/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
July 29, 2019 Filing 55 AMENDED NOTICE by Defendant Ford Motor Company of taking deposition of David R. McLellan on August 16, 2019 (Ward, Steven)
July 26, 2019 Opinion or Order Filing 54 ORDER granting #53 Unopposed Motion for Extension of Time to Depose Plaintiff's Expert. For good cause shown, the court extends the deadline for defendant to depose Dave McLelland from August 1, 2019, to August 16, 2019. Signed by Magistrate Judge Angel D. Mitchell on 7/26/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
July 26, 2019 Filing 53 MOTION for extension of time of the Deadline for the Deposition of Plaintiff's Expert David McLellan by Defendant Ford Motor Company (referred to Magistrate Judge Angel D. Mitchell) (Ward, Steven)
July 16, 2019 Opinion or Order Filing 52 MEDIATION MINUTE ORDER. The court has reviewed the parties' confidential settlement reports and finds that mediation is unlikely to be fruitful at this time. The magistrate judge will revisit the topic of mediation at the final pretrial conference. Signed by Magistrate Judge Angel D. Mitchell on 7/16/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
July 15, 2019 Filing 51 NOTICE by Defendant Ford Motor Company of taking deposition of Shawn Lynn Parcells on August 1, 2019 (Ward, Steven)
July 15, 2019 Filing 50 NOTICE by Defendant Ford Motor Company of taking deposition of David R. McLellan on July 29, 2019 (Ward, Steven)
July 12, 2019 Filing 49 RETURN OF SERVICE of subpoena(s) filed by Defendant Ford Motor Company executed upon William Pagan on 07/07/2019 by personal service (Ward, Steven)
July 12, 2019 Filing 48 RETURN OF SERVICE of subpoena(s) filed by Defendant Ford Motor Company executed upon Melissa Jeanneret on 07/01/2019 by personal service (Ward, Steven)
July 12, 2019 Filing 47 RETURN OF SERVICE of subpoena(s) filed by Defendant Ford Motor Company executed upon Ben McCaleb on 07/01/2019 by personal service (Ward, Steven)
July 8, 2019 Opinion or Order Filing 46 WRITTEN ORDER FOLLOWING ORAL ORDERS. See text of order for expert-related deadlines. Signed by Magistrate Judge Angel D. Mitchell on 7/8/2019. (bh)
July 3, 2019 Filing 45 MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: TELEPHONE CONFERENCE held on 7/3/2019.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
July 2, 2019 Filing 44 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Telephone Conference set for 7/3/2019 at 3:00 PM by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627) before Magistrate Judge Angel D. Mitchell. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
June 5, 2019 Opinion or Order Filing 43 ORDER MODIFYING SCHEDULING ORDER. Paragraph 3(g) of the scheduling order is modified to require the parties, after complying with the "meet and confer" requirements under Fed. R. Civ. P. 37(a)(1) and D. Kan. Rule 37.2, to arrange a discovery conference with the undersigned magistrate judge to address unresolved issues before filing a disputed discovery-related motion. Parties may arrange a conference by emailing the undersigned's chambers at ksd_mitchell_chambers@ksd.uscourts.gov and providing a brief, nonargumentative explanation of the dispute and stating the approximate amount of time they believe they will need with the court to discuss the issue before filing the anticipated motion. If a discovery motion becomes necessary, the court will impose briefing deadlines and page limits at the discovery conference. Signed by Magistrate Judge Angel D. Mitchell on 6/5/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
June 5, 2019 Opinion or Order Filing 42 ORDER denying without prejudice #40 Motion to Exclude Plaintiff's Experts. Defendant asks for a court order precluding plaintiff from utilizing expert witnesses pursuant to Fed. R. Civ. P. 37(c)(1) because plaintiff failed to disclose them by May 20, 2019, the deadline set out in the scheduling order. The court denies the motion without prejudice because it appears hypothetical at this point inasmuch as the motion does not indicate that plaintiff actually intends to offer the testimony of any expert witnesses at trial. Therefore, unless and until plaintiff affirmatively takes the position that he intends to offer the testimony of any expert witnesses at trial, the motion seeks an improper advisory opinion. The court previously ordered that "The parties shall arrange a telephone conference with the magistrate judge before filing motions related to discovery disputes." (ECF No. 28) If and when this issue resurfaces in a more concrete way, the parties are directed to request a discovery conference with the magistrate judge prior to filing their motion. The parties shall follow the procedures previously set forth in the prior order (ECF No. 28). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
June 4, 2019 Filing 41 MEMORANDUM IN SUPPORT of #40 MOTION to Exclude Plaintiff's Experts by Defendant Ford Motor Company (Attachments: #1 Exhibit - Redacted A - Plaintiff's Rule 26(a)(1) Initial Disclosures, #2 Exhibit B - Report of Parties Planning Conference)(Ward, Steven)
June 4, 2019 Filing 40 MOTION to Exclude Plaintiff's Experts by Defendant Ford Motor Company (referred to Magistrate Judge Angel D. Mitchell) (Ward, Steven)
May 28, 2019 Filing 39 RETURN OF SERVICE of subpoena(s) filed by Defendant Ford Motor Company executed upon William Pagan on 05/20/2019 by personal service (Ward, Steven)
May 28, 2019 Filing 38 RETURN OF SERVICE of subpoena(s) filed by Defendant Ford Motor Company executed upon Trenton Moore on 05/22/2019 by personal service (Ward, Steven)
May 28, 2019 Filing 37 RETURN OF SERVICE of subpoena(s) filed by Defendant Ford Motor Company executed upon Nathan Gerisch on 05/21/2019 by personal service (Ward, Steven)
May 23, 2019 Filing 36 NOTICE OF SERVICE by Ford Motor Company of Subpoenas to Testify at Depositions (Ward, Steven)
May 13, 2019 Filing 35 NOTICE by Defendant Ford Motor Company of taking deposition of Mathew R. Wurm on 5-29-19 (Ward, Steven)
May 13, 2019 Filing 34 NOTICE by Defendant Ford Motor Company of taking deposition of William Pagan on 5-28-19 (Ward, Steven)
May 13, 2019 Filing 33 NOTICE by Defendant Ford Motor Company of taking deposition of Trenton Moore on 5-28-19 (Ward, Steven)
May 13, 2019 Filing 32 NOTICE by Defendant Ford Motor Company of taking deposition of Russell Mitchell on 5-28-19 (Ward, Steven)
May 13, 2019 Filing 31 NOTICE by Defendant Ford Motor Company of taking deposition of Ora Mitchell on 5-28-19 (Ward, Steven)
May 13, 2019 Filing 30 NOTICE by Defendant Ford Motor Company of taking deposition of Nathan Gerisch on 5-28-19 (Ward, Steven)
May 13, 2019 Filing 29 NOTICE by Defendant Ford Motor Company of taking deposition of Brittany Kerley on 5-29-19 (Ward, Steven)
April 5, 2019 Opinion or Order Filing 28 ORDER denying without prejudice #26 Motion to Compel. The parties shall arrange a telephone conference with the undersigned magistrate judge before filing motions relating to discovery disputes. Parties may arrange a conference by emailing the undersigned's chambers at ksd_mitchell_chambers@ksd.uscourts.gov and providing a brief, nonargumentative explanation of the dispute and stating the approximate amount of time they believe they will need with the court to discuss the issue before filing the anticipated motion. Signed by Magistrate Judge Angel D. Mitchell on 4/5/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
April 3, 2019 Filing 27 MEMORANDUM IN SUPPORT of #26 MOTION to Compel by Defendant Ford Motor Company(Ward, Steven)
April 3, 2019 Filing 26 MOTION to Compel by Defendant Ford Motor Company (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit A - Ford's 1st Int to Plaintiff, #2 Exhibit B-Ford's 1st RFP to Plaintiff, #3 Exhibit C-P's Answers to Ford's ROGS, #4 Exhibit D-Emails requesting discovery responses, #5 Exhibit E-Letter to Kjorlie re Ps Interrogatory Answers, #6 Exhibit F-P's Responses to Ford's 1st RFPS, #7 (***See Doc. 26-12 for redacted version of this filing***) Exhibit G-redacted 20190330194743493, #8 Exhibit H-email to Eric Kjorlie re RFP responses, #9 Exhibit I-Letter from Kjorlie re Ps Int. Answers, #10 Exhibit J-emails with Eric re MTC, #11 Exhibit K-P Initial Disclosures)(Ward, Steven) (Additional attachment added on 4/5/2019 due to violation of privacy policy: #12 Exhibit - Redacted G-redacted 20190330194743493) (heo).
March 25, 2019 Filing 25 MINUTE ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Angel D. Mitchell for all further proceedings. Magistrate Judge James P. O'Hara no longer assigned to case. Signed by Deputy Clerk on 03/25/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
March 1, 2019 Opinion or Order Filing 24 ORDER granting #23 Ford's motion for extension of time until April 3, 2019, to file a motion to compel discovery responses. Plaintiff has informed the court the motion for extension is unopposed. Signed by Magistrate Judge James P. O'Hara on 3/1/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
March 1, 2019 Filing 23 MOTION for extension of time to File Motion to Compel by Defendant Ford Motor Company (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit 1 - email)(Ward, Steven)
January 9, 2019 Opinion or Order Filing 22 STIPULATED PROTECTIVE ORDER. The court finds good cause to enter the order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 1/9/2019. (amh)
January 2, 2019 Filing 21 NOTICE of Service - Discovery to Plaintiff by Ford Motor Company (Ward, Steven)
November 21, 2018 Opinion or Order Filing 20 ORDER granting #19 Motion to Appear Pro Hac Vice of Paul F. Malek 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 James P. O'Hara on 11/21/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)
November 20, 2018 Filing 19 MOTION for attorney Paul Malek to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4640247.) by Defendant Ford Motor Company (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Affidavit in Support, #2 ECF Registration Form ECF Registration Form)(Ward, Steven)
November 19, 2018 Filing 18 DESIGNATION OF COMPARATIVE FAULT by Defendant Ford Motor Company. (Ward, Steven)
October 29, 2018 Opinion or Order Filing 17 SCHEDULING ORDER: estimated trial time 10 days. Discovery deadline 10/15/2019. Dispositive motion deadline 1/3/2020. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 7/15/2019. Proposed Pretrial Order due by 10/29/2019. Final Pretrial Conference set for 11/14/2019 at 01:00 PM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Jury Trial set for 7/6/2020 at 09:30 AM in Topeka Courtroom 401 (HLT) before District Judge Holly L. Teeter. Signed by Magistrate Judge James P. O'Hara on 10/29/2018. (ydm)
October 29, 2018 Filing 16 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 10/29/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Scheduling Order will follow. (yh)
October 16, 2018 Filing 15 CERTIFICATE OF SERVICE of Plaintiff's Rule 26(a)(1) Initial Disclosures by Matthew R. Wurm (Kjorlie, Eric)
October 15, 2018 Filing 14 CERTIFICATE OF SERVICE of Ford Motor Co.'s Rule 26(a) Initial Disclosures by Ford Motor Company. (Ward, Steven)
October 9, 2018 Opinion or Order Filing 13 ORDER granting #12 Motion to Appear Pro Hac Vice of Sherry A. Rozell 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 James P. O'Hara on 10/9/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)
October 9, 2018 Filing 12 MOTION for attorney Sherry A. Rozell to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4603239.) by Defendant Ford Motor Company (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit of Sherry Rozell, #2 ECF Registration Form)(Ward, Steven)
October 9, 2018 Filing 11 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.) Scheduling Conference continued to 10/29/2018 at 11:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara per request of all counsel and with the approval of Judge O'Hara.(yh)
September 6, 2018 Opinion or Order Filing 10 INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/24/2018 at 1:00 PM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 10/15/2018. Rule 26 Initial Disclosures Deadline set for 10/15/2018. Signed by Magistrate Judge James P. O'Hara on 9/6/18. (ss)
September 6, 2018 Opinion or Order Filing 9 ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge James P. O'Hara for all further proceedings. Magistrate Judge Gerald L. Rushfelt no longer assigned to case Signed by deputy clerk on 9/6/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(yh)
August 31, 2018 Filing 8 CORPORATE DISCLOSURE STATEMENT by Ford Motor Company. (Ward, Steven)
August 31, 2018 Filing 7 ANSWER to Complaint by Ford Motor Company.(Ward, Steven)
August 20, 2018 Filing 6 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Holly L. Teeter for all further proceedings. District Judge John W. Lungstrum no longer assigned to case. Signed by deputy clerk on 8/20/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cs)
August 16, 2018 Filing 5 SUMMONS RETURNED EXECUTED - Certified Mail by Matthew R. Wurm upon All Defendants. (Kjorlie, Eric)
August 16, 2018 Filing 4 SUMMONS RETURNED EXECUTED by Matthew R. Wurm upon All Defendants. (Kjorlie, Eric)
June 18, 2018 SUMMONS ISSUED as to Ford Motor Company. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (tvn)
June 15, 2018 Filing 3 CIVIL COVER SHEET by Plaintiff Matthew R. Wurm. (Kjorlie, Eric)
June 15, 2018 Filing 2 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Matthew R. Wurm - trial to be held in Kansas City. (Kjorlie, Eric)
June 15, 2018 Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4510159.), filed by Matthew R. Wurm.(Kjorlie, Eric)
June 15, 2018 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Lungstrum and Magistrate Judge Gerald L. Rushfelt for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sw)

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Defendant: Ford Motor Company
Represented By: Paul F. Malek
Represented By: Sherry A. Rozell
Represented By: Steven E. Ward
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Plaintiff: Matthew R. Wurm
Represented By: Eric Kjorlie
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