Patrick et al v. Ford Motor Company
| Phillip Patrick |
| Ford Motor Company |
| Jose Garcia Esparza |
| Accident Fund Insurance Company of America |
| Craig Kennedy |
| 2:2019cv02539 |
| September 5, 2019 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Eric F Melgren |
| Carlos Murguia |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Civil Case Terminated per #64 Joint Stipulation for Dismissal with Prejudice/EFM chambers.(mam) |
| Filing 64 STIPULATION OF DISMISSAL JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by Jose Garcia Esparza, Craig Kennedy, Phillip Patrick. (Brose, David) |
Filing 63
ORDER granting #62 Motion to Seal Document. Defendant's Motion to Seal Transcript and Redact Portions of Memorandum and Order #60 , Doc. #62 , is hereby GRANTED and the transcript of the February 17, 2021 hearing is hereby sealed, the above referenced portions of the Court's Memorandum and Order (Dkt. #60 ) shall be redacted, and counsel for Intervenor shall keep the amount of the settlement between Plaintiffs and Ford confidential by Order of this Court. Signed by District Judge Eric F. Melgren on 3/3/2021. (sz)
|
| Filing 62 Unopposed MOTION to Seal Document by Defendant Ford Motor Company. (Ward, Steven) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #62 Unopposed MOTION to Seal Document . The motion will be resolved by the District Judge.(adc) |
|
Filing 61
ORDER granting #54 Motion for Settlement. See Order for specific details. Upon receipt of settlement proceeds, Plaintiff is directed to file a Stipulation of Dismissal, electronically signed by all parties. The filing of this Stipulation will close the court's file. Signed by District Judge Eric F. Melgren on 2/24/2021. (cm)
|
|
Filing 60
MEMORANDUM AND ORDER. Plaintiff's Motion for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d) (Doc. #47 ) is GRANTED. The Court assesses the fault of Shane Patrick to be thirty-three percent. Accident Fund's lien is accordingly reduced to $0. Plaintiff's Motion to Determine Validity of an Alleged Lien (Doc. #40 ) is DENIED as MOOT. Signed by District Judge Eric F. Melgren on 2/24/2021. (mam) (Additional attachment(s) added on 3/3/2021: #1 ***Redacted Corrected Entry***) (sz).
|
| Filing 59 MINUTE ENTRY for proceedings held before District Judge Eric F. Melgren: MOTION HEARING held on 2/17/2021 re #54 MOTION for Settlement Approval And Apportionment filed by Phillip Patrick, Jose Garcia Esparza, #47 MOTION for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d) filed by Jose Garcia Esparza, #40 MOTION for Order to Determine Validity of an Alleged Lien filed by Jose Garcia Esparza. (Court Reporter Jo Wilkinson.) (Attachments: #1 Exhibit List Plaintiffs) (cm) |
| Filing 58 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #47 MOTION for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d), #54 MOTION for Settlement Approval And Apportionment, #40 MOTION for Order to Determine Validity of an Alleged Lien : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 2/17/2021 at 01:30 PM in Video Conference - Zoom before District Judge Eric F. Melgren. Zoom log-in information will be emailed at a later date.(cm) |
| Filing 57 NOTICE OF CANCELLED HEARING: MOTION HEARING scheduled for 2/2/2021 cancelled to be rescheduled at a later date. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) |
| Filing 56 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #47 MOTION for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d), #54 MOTION for Settlement Approval And Apportionment, #40 MOTION for Order to Determine Validity of an Alleged Lien : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) At the direction of Judge Eric F. Melgren, the Motion Hearing is re-set for 2/2/2021 at 10:00 AM in Video Conference - Zoom before District Judge Eric F. Melgren. NOTE: THIS IS A TIME CHANGE ONLY.(cm) |
| Filing 55 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #47 MOTION for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d), #54 MOTION for Settlement Approval And Apportionment, #40 MOTION for Order to Determine Validity of an Alleged Lien : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 2/2/2021 at 09:30 AM in Video Conference - Zoom before District Judge Eric F. Melgren. Zoom Log-In will be emailed to all parties as soon as it is scheduled.(cm) |
| Filing 54 MOTION for Settlement Approval And Apportionment by Plaintiffs Jose Garcia Esparza, Phillip Patrick (Attachments: #1 Exhibit A)(Tyner, John) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #40 MOTION for Order to Determine Validity of an Alleged Lien. The motion will be resolved by the District Judge.(adc) |
| Filing 53 SUPPLEMENTAL INDEX OF EXHIBITS AND SUPPLEMENTAL EXHIBIT by Plaintiff Jose Garcia Esparza re #51 Memorandum in Support of #47 Motion for Hearing. (Attachments: #1 Exhibit 3, 11.17.20 Letter to Kent Emison)(Patterson, Gary) Modified title/link on 11/20/2020 (ca). |
| Filing 52 MEMORANDUM IN OPPOSITION by Movant Accident Fund Insurance Company of America re #40 MOTION for Order to Determine Validity of an Alleged Lien (Attachments: #1 Exhibit)(Ferguson, Mark) |
| Filing 51 SUPPLEMENTAL MEMORANDUM IN SUPPORT of #47 MOTION for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d) Supplemental Memorandum in Support by Plaintiff Jose Garcia Esparza (Attachments: #1 Exhibit - Redacted Ex. 1, Application for Benefits, #2 Exhibit - Redacted Ex. 2, Kansas Motor Vehicle Crash Report)(Patterson, Gary) Modified title on 11/17/2020 (ca). |
|
Filing 50
ORDER granting #42 Motion to Intervene. Intervenor Plaintiff, Accident Fund Insurance Company of America, shall have until November 16, 2020 to file any response to Plaintiff's Motion to Determine Validity of an Alleged Lien (ECF 40). Signed by Magistrate Judge Gwynne E. Birzer on 11/9/2020. (kf)
|
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #47 MOTION for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d). The motion will be resolved by the District Judge.(kf) |
| Filing 49 NOTICE of Pltf's Consent to Accident Fund Insurance Company of America ("AF") Motion to Intervene by Jose Garcia Esparza re #42 MOTION to Intervene (Patterson, Gary) |
| Filing 48 MEMORANDUM IN SUPPORT of #47 MOTION for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d) by Plaintiff Jose Garcia Esparza(Patterson, Gary) |
| Filing 47 MOTION for Hearing on Apportionment of Recovery Pursuant to K.S.A. 60-1905 and to Determine Comparative Fault Pursuant to K.S.A. 44-504(d) by Plaintiff Jose Garcia Esparza (Patterson, Gary) |
|
Filing 46
ORDER granting #45 Motion for Extension of Time to File Settlement Documents. The parties are granted up to and including 12/1/2020 to seek approval of the settlement; the deadline for filing a Stipulation of Dismissal remains at 7 days after settlement funds are received and the parties are directed to contact the court when those funds are received. The Court will not grant any additional extensions. Signed by District Judge Eric F. Melgren on 11/2/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
|
| Filing 45 Joint MOTION for extension of time For Settlement Deadlines by Plaintiffs Jose Garcia Esparza, Phillip Patrick (referred to Magistrate Judge Gwynne E. Birzer) (Brose, David) |
| Filing 44 MEMORANDUM IN SUPPORT of #40 MOTION for Order to Determine Validity of an Alleged Lien by Movant Accident Fund Insurance Company of America (Attachments: #1 Exhibit)(Ferguson, Mark) |
| Filing 43 MEMORANDUM IN SUPPORT of #42 MOTION to Intervene by Movant Accident Fund Insurance Company of America (Attachments: #1 Exhibit #1, Notice of Legal and Equitable Lien)(Ferguson, Mark) |
| Filing 42 MOTION to Intervene by Movant Accident Fund Insurance Company of America (referred to Magistrate Judge Gwynne E. Birzer) (Ferguson, Mark) |
| Filing 41 MEMORANDUM IN SUPPORT of #40 MOTION for Order to Determine Validity of an Alleged Lien Plaintiff's Memorandum in Support of Motion to Determine Validity of a Workers Compensation Lien by Plaintiff Jose Garcia Esparza (Attachments: #1 Exhibit - Redacted Exhibit 1: Kansas Dept. of Labor Worksheet for Settlement with Exhibits A through D, #2 Exhibit Exhibit 2: Email from Accident Recovery subrogation representative asserting lien, #3 Exhibit Exhibit 3: Order Appointing Administrator, #4 Exhibit Exhibit 4: Journal Entry of Final Settlement of Estate)(Patterson, Gary) |
| Filing 40 MOTION for Order to Determine Validity of an Alleged Lien by Plaintiff Jose Garcia Esparza (Patterson, Gary) |
|
Filing 39
NUNC PRO TUNC ORDER DENYING MOTION TO INTERVENE re #37 Order on Motion to Intervene. For good cause shown, the Court hereby denies Accident Fund's motion without prejudice. Accident Fund may refile its motion with a supporting memorandum no later than October 16, 2020. Signed by Magistrate Judge Gwynne E. Birzer on 10/19/2020. (sz)
|
|
Filing 38
ORDER granting #34 Motion to Appoint Guardian ad Litem. The court hereby appoints Mr. Craig Kennedy to serve as Guardian Ad Litem of Shane Patrick for the sole purpose of reviewing and effectuating settlement of Plaintiff Shane Patrick's claims made in this cause of action. Signed by Magistrate Judge Gwynne E. Birzer on 10/14/2020. (sz)
|
|
Filing 37
ORDER denying without prejudice #33 Motion to Intervene. Action Fund Insurance Company of America may refile its motion with a supporting memorandum no later than October 16, 2020. Signed by Magistrate Judge Gwynne E. Birzer on 10/14/2020. (kf)
|
|
Filing 36
ORDER granting in part and denying in part #35 Motion for Extension of Time to File Settlement Documents; extend deadline for filing Stipulation of Dismissal to 7 days after receipt of funds, leave to file settlement documents under seal. The Court GRANTS the request to file motion seeking court approval of the settlement until 10/30/2020; extends the deadline for filing a Stipulation of Dismissal to 7 days after settlement funds are received; the parties are directed to contact the court when those funds are received; but DENIES the request to file settlement documents under seal. Once a formal motion for leave to file under seal is filed, with a copy of the document to be sealed attached, the court will review and make a ruling accordingly. Signed by District Judge Eric F. Melgren on 10/9/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
|
| Filing 35 Joint MOTION for extension of time for Settlement Deadlines by Plaintiffs Jose Garcia Esparza, Phillip Patrick (referred to Magistrate Judge Gwynne E. Birzer) (Brose, David) |
| Filing 34 MOTION to Appoint Guardian ad Litem for Plaintiff Shane Patrick by Plaintiffs Jose Garcia Esparza, Phillip Patrick (referred to Magistrate Judge Gwynne E. Birzer) (Brose, David) |
| Filing 33 MOTION to Intervene by Movant Accident Fund Insurance Company of America (referred to Magistrate Judge Gwynne E. Birzer). (Ferguson, Mark) (Modified on 9/25/2020 to correct Movant name. (heo)) Modified role type on 10/21/2020. (kao) |
| Filing 32 ENTRY OF APPEARANCE by Mark A. Ferguson on behalf of Accident Fund Insurance Company. (Ferguson, Mark) |
|
Filing 31
ORDER re 29 Order, Terminate Deadlines and Hearings, Terminate Scheduling Order Deadlines, Terminate Trial Order Deadlines. At the direction of Judge Eric F. Melgren, the parties are given up to and including 10/19/2020 in which to file their Stipulation of Dismissal to close this matter. Signed by District Judge Eric F. Melgren on 9/18/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cm)
|
| Filing 30 ANSWER to #28 Amended Complaint by Ford Motor Company.(Rozell, Sherry) |
|
Filing 29
ORDER. Upon notification by counsel that this case has been resolved, all pending deadlines are CANCELLED. Counsel shall file a motion to dismiss and submit a proposed order for approval by District Judge Eric F. Melgren, or file a stipulation of dismissal no later than September 16, 2020. Signed by Magistrate Judge Gwynne E. Birzer on 8/14/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(rel)
|
| Filing 28 AMENDED COMPLAINT against All Defendants, filed by Jose Garcia Esparza, Phillip Patrick.(Brose, David) |
|
Filing 27
ORDER granting #26 Plaintiffs' Motion for Leave to File an Amended Complaint for purposes of amending the case caption. Having reviewed the Motion, and finding the consent of defendant Ford Motor Company, the Court finds that the Motion should be and is hereby GRANTED. Plaintiffs shall file the First Amended Complaint forthwith. Signed by Magistrate Judge Gwynne E. Birzer on 8/11/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel)
|
| Filing 26 MOTION to Amend Complaint re #1 Complaint (attorney) by Plaintiffs Jose Garcia Esparza, Phillip Patrick (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A)(Brose, David) |
| Filing 25 NOTICE of Subpoena Duces Tecum by Ford Motor Company (Attachments: #1 Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action)(Ward, Steven) |
| Filing 24 JOINT MEDIATION NOTICE - Mediation to be held July 30, 2020 by Ford Motor Company (Rozell, Sherry) |
| Filing 23 NOTICE of Subpoena Duces Tecum by Ford Motor Company (Attachments: #1 Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action)(Ward, Steven) |
|
Filing 22
ORDER granting in part #21 Second Joint Motion for Extension of Time for Defendant Ford to File Discovery Motion. Defendant shall have until 8/27/2020 to file any necessary motion to compel should the 7/30/2020 mediation prove unsuccessful. As stated in the Scheduling Order, counsel may arrange a telephone conference with the undersigned magistrate judge before filing such a motion if issues remain unresolved after the parties have complied with the applicable meet and confer requirements. Signed by Magistrate Judge Gwynne E. Birzer on 6/24/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel)
|
| Filing 21 Second Joint MOTION for extension of time to File Discovery Motion by Defendant Ford Motor Company (referred to Magistrate Judge Gwynne E. Birzer) (Rozell, Sherry) |
|
Filing 20
ORDER granting #19 Joint Motion for Extension of Time to File. Ford is granted an additional 90 days, until and including June 18, 2020, to file a discovery motion regarding Plaintiffs' discovery responses, should such a motion be necessary. Signed by Magistrate Judge Gwynne E. Birzer on 3/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
|
| Filing 19 Joint MOTION for extension of time to File Discovery Motion by Defendant Ford Motor Company (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A - E-mail Chain)(Rozell, Sherry) |
| Filing 18 NOTICE by Defendant Ford Motor Company of taking deposition of Shane Patrick, Phillip Patrick, and Jose Esparza on 03/24/2020 (Ward, Steven) |
| Filing 17 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Eric F. Melgren for all further proceedings. District Judge Carlos Murguia no longer assigned to case. Signed by deputy clerk on 2/21/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao) |
| Filing 16 CERTIFICATE OF SERVICE of Plaintiff's Answers and Responses to Defendant's 1st Interrogatories and Requests for Production by Jose Garcia Esparza, Phillip Patrick (Brose, David) |
| Filing 15 CERTIFICATE OF SERVICE of Discovery directed to Plaintiffs by Ford Motor Company. (Ward, Steven) |
| Filing 14 DESIGNATION OF COMPARATIVE FAULT by Defendant Ford Motor Company. (Ward, Steven) |
|
Filing 13
SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 9/24/2020. Mediation deadline 10/29/2020. Discovery deadline 2/25/2021. Proposed Pretrial Order due by 3/4/2021. Dispositive motion deadline 3/25/2021. Final Pretrial Conference set for 3/11/2021 at 11:00 AM in Telephone GEB - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 9686294 before Magistrate Judge Gwynne E. Birzer. Jury Trial set for 11/1/2021 at 09:00 AM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. The parties expect the jury trial of this case to take approximately 10 trial days. Signed by Magistrate Judge Gwynne E. Birzer on 12/6/2019. (mam)
|
|
Filing 12
STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER. Signed by Magistrate Judge Gwynne E. Birzer on 12/6/19. (adc)
|
| Filing 11 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: SCHEDULING CONFERENCE held on 12/6/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) |
| Filing 10 CERTIFICATE OF SERVICE of COS re: Def. FMC Initial Disclosures by Ford Motor Company (Rozell, Sherry) |
| Filing 9 CERTIFICATE OF SERVICE of Plaintiffs' Rule 26(a) Initial Disclosures by Jose Garcia Esparza, Phillip Patrick. (Brose, David) |
|
Filing 8
ORDER granting #7 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 Gwynne E. Birzer on 11/15/19. (alm)
|
| Filing 7 MOTION for attorney Sherry A. Rozell to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4979881.) by Defendant Ford Motor Company (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit Affidavit in Support of Motion for Leave to File Pro Hac Vice, #2 ECF Registration Form ECF Registration Form)(Ward, Steven) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Ford Motor Company (Ward, Steven) |
|
Filing 5
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 12/6/2019 at 11:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Participants shall dial into the conference call at 888-363-4749, enter access code 9686294#, and follow the prompts to join the call. Report of Parties Planning Conference and Rule 26 Initial Disclosures due 11/29/2019. Signed by Magistrate Judge Gwynne E. Birzer on 10/18/19. (alm)
|
| Filing 4 ANSWER to Complaint by Ford Motor Company.(Ward, Steven) |
| Filing 3 SUMMONS RETURNED EXECUTED -- Personal Service by Jose Garcia Esparza, Phillip Patrick upon Ford Motor Company served on 9/25/2019, answer due 10/16/2019 (Brose, David) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Carlos Murguia and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) |
| 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) (ca) |
| Filing 2 CIVIL COVER SHEET by estate plaintiff Jose Garcia Esparza, Plaintiff Phillip Patrick. (Brose, David) |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4913295.), filed by Jose Garcia Esparza, Phillip Patrick.(Brose, David) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kansas District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
