Roth, Jr v. Ford Motor Company
| John P. Roth, Jr. |
| Ford Motor Company |
| 2:2014cv00064 |
| April 8, 2014 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| Campbell |
| William O Bertelsman |
| Candace J Smith |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on September 25, 2017. A more recent docket listing may be available from PACER.
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Filing 46
JUDGMENT: IT IS ORDERED AND ADJUDGED that summary judgment is ENTERED IN FAVOR OF DEFENDANT FORD MOTOR COMPANY. Signed by Judge William O. Bertelsman on 9/25/2017.(ECO)cc: COR w/copy mailed to John P. Roth, Jr., pro se, at address listed on the docket sheet
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Filing 45
MEMORANDUM OPINION & ORDER: That def's motion for summary judgment #36 is GRANTED. A separate judgment shall enter concurrently herewith. Signed by Judge William O. Bertelsman on 9/25/2017.(ECO)cc: COR w/copy mailed to John P. Roth, Jr., pro se, at address listed on the docket sheet
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Filing 44
Letter from John P. Roth, Jr, pro se (Attachments: #1 Envelope returned to Plaintiff -Undeliverable as Addressed, #2 Envelope to the Court post marked 9/7/17) (Filed per Order DE #43 ).(ECO) Modified on 9/18/2017 (ECO).
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Filing 43
ORDER: That the Clerk of the Court file of record said correspondence from Plaintiff. Signed by Magistrate Judge Candace J. Smith on 9/18/2017.(ECO)cc: COR, w/copy mailed to John P. Roth, Jr., pro se
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Filing 42
STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. Signed by Judge Karen K. Caldwell on 6/6/2016.(ECO)cc: COR, John R. Roth, Jr., pro se Plf
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Filing 41
ORDER: 1) Attorney Carey's MOTION to Withdraw as Counsel #40 is granted. Following the Clerk's service of this Order, Attorney Carey may be termed from the case docket and his name removed from the case service list. 2) The Clerk of Court is directed to mail a copy of this Order to Plf at the following address: John P. Roth, Jr., c/o Simpson County Detention Center, 217 E. Kentucky Street, Franklin, KY 42134. 3) Plf, who is no longer represented by counsel, shall have until 8/15/2017,to file his response, if any, to Def's pending Motion for Summary Judgment #36 . If no response is filed by 8/15/2017, the presiding District Judge will proceed to adjudicate Def's Motion for Summary Judgment w/out hearing from Plf. Signed by Magistrate Judge Candace J. Smith on 7/31/2017.(ECO)cc: COR w/copy of Order mailed to John P. Roth, Jr., pro se Plf, at address above, via U.S. Mail.
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IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers. cc: COR, John R. Roth, Jr., pro se Plf. (ECO)
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Filing 40
MOTION to Withdraw as Attorney by John P. Roth, Jr Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Carey, Marcus)
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #40 MOTION to Withdraw as Attorney by John P. Roth, Jr (ECO)
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Filing 39
ORDER: that the Motion is sustained, and the Plaintiff shall have until August 1, 2017 in which to file a Response to Defendant's Motion for Summary Judgment, or in the alternative, Plaintiff's counsel to file a Motion to withdraw. Signed by Judge William O. Bertelsman on 07/18/2017. (KRB)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #38 MOTION for Extension of Time to File Response/Reply by John P. Roth, Jr (ECO)
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Clerk's Note: re #38 MOTION for Extension of Time to File Response/Reply by John P. Roth, Jr . Telephone call to counsel, counsel advised Clerk that page 2 of the proposed order is indeed a blank page. (ECO)
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Filing 38
MOTION for Extension of Time to File Response/Reply by John P. Roth, Jr . (Attachments: #1 Proposed Order)(Carey, Marcus) Modified text to take out referral language on 7/14/2017 (ECO).
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Filing 37
ORDER: That Plf shall SHOW CAUSE ON OR BEFORE 7/17/2017, why Def's motion #36 should not be granted. Signed by Judge William O. Bertelsman on 7/12/2017.(ECO)cc: COR
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Filing 36
MOTION for Summary Judgment by Ford Motor Company (Attachments: #1 Memorandum in Support, #2 Exhibit A: Complaint, #3 Exhibit B: Cornett depo excerpts, #4 Exhibit C: Roth depo excerpts, #5 Exhibit D: Leiss depo excerpts, #6 Exhibit E: Proleika depo excerpts, #7 Exhibit F: Hoover report, #8 Exhibit G: Toomey report, #9 Proposed Order)(Keal, R.)
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Filing 35
ORDER: That any summary judgment motions shall be filed on or before 6/16/2017, with responses thereto and replies to be filed by the deadline established pursuant to Jt Local Rule 7.1. Signed by Magistrate Judge Candace J. Smith on 5/17/2017.(ECO)cc: COR
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Filing 34
ORDER: That Plf's Motion to Permit Late Disclosure of Witnesses #32 is denied. Signed by Magistrate Judge Candace J. Smith on 3/31/2017. (ECO)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #32 MOTION To Permit Late Disclosure of Additional Expert Witnesses by John P. Roth, Jr (ECO)
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #32 MOTION To Permit Late Disclosure of Additional Expert Witnesses by John P. Roth, Jr (ECO)
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Filing 33
RESPONSE in Opposition re #32 MOTION To Permit Late Disclosure of Additional Expert Witnesses by John P. Roth, Jr filed by Ford Motor Company. (Attachments: #1 Exhibit A: Cornett depo. excerpts, #2 Exhibit B: Roth depo. excerpts, #3 Exhibit C: March 30, 2015 email, #4 Exhibit D: Depo. Notice and Subpoena for Medical Records, #5 Exhibit E: Response to Subpoena for Medical Records, #6 Exhibit F: May 12, 2015 letter, #7 Exhibit G: Ford's Rule 26 Disclosures, #8 Exhibit H: Proleika depo. excerpts, #9 Exhibit I: Leiss depo. excerpts, #10 Exhibit J: Leiss Rule 26 Report, #11 Exhibit K: Proleika Rule 26 Report, #12 Exhibit L: Various correspondence to Leiss, #13 Exhibit M: March 20, 2014 letter, #14 Exhibit N: Robson Forensic Invoice dated July 24, 2015, #15 Exhibit O: Robson Forensic Invoice Total)(Keal, R.)
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Filing 32
MOTION To Permit Late Disclosure of Additional Expert Witnesses by John P. Roth, Jr Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Carey, Marcus)
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #32 MOTION To Permit Late Disclosure of Additional Expert Witnesses by John P. Roth, Jr (ECO)
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Filing 31
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 4/6/2016 before Magistrate Judge Candace J. Smith: Plaintiff has until . 4/22/2016 to file motion to permit late disclosure of an additional expert witness. Defendant has until 5/13/2016 to respond. Should plaintiff wish to reply, counsel should email chambers and defense counsel and identify how much time he seeks to file said reply. (Court Reporter ECR.) (TJZ)cc: COR
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Filing 30
MINUTE ENTRY ORDER FOR TELEPHONE STATUS CONFERENCE held on 3/30/2016 before Magistrate Judge Candace J. Smith: Parties present as noted. IT IS ORDERED: 1) Def's Objection to permitting an entry of appearance by counsel on behalf of Plf is OVERRULED. Def's oral Motion to advance the case is GRANTED; 2) The Court will conduct a TELEPHONE CONFERENCE on 4/6/2016 at 10:00 AM before the undersigned. Participants in the telephone conference must dial in five minutes before the conference is scheduled to begin (See Minutes Entry Order for details); 3) The Clerk shall mail a copy of this Minute Entry to Plf at 4566 Winters Lane, Cold Spring, KY 41076, and a courtesy copy to Atty Marcus Carey at 3814 Dixie Hwy, Erlanger, KY 41018. (Tape #KYED-C0V-2-14-CV-64-WOB-CJS-20160330 095748.) Signed by Candace J. Smith. (ECO)cc: COR w/copy to John P. Roth, Jr., pro se plf, and Atty Marcus Carey, via U.S. Mail at addresses in Minute Entry.
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ORAL MOTION of Defendant to Move Case Forward. Motions referred to Candace J. Smith. (ECO)
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Filing 29
MINUTE ENTRY ORDER FOR STATUS CONFERENCE/SHOW CAUSE HEARING held on 2/25/2016 before Magistrate Judge Candace J. Smith: Parties present as noted. IT IS ORDERED: 1) Plf having shown cause as to why he did not dial in and participate in the Telephonic Status Conf held on 2/11/16, the Show Cause has therefore been satisfied; 2) Plf has 30 days from this date,same being 3/28/2016 to acquire new counsel if he intends to do so and have that counsel file an appearance; 3) A TELEPHONIC STATUS CONFERENCE will be held on 3/30/2016 at 10:00 AM before the undersigned. Parties to telephone conference must dial in 5 minutes before the conference is scheduled to begin (See Order for Details). If Plf John P. Roth, Jr. has not acquired new counsel by 3/28, he must participate in this call by dialing in as instructed; 4) The Clerk shall mail a copy of this Minute Entry to Plf at 4566 Winters Lane, Cold Spring, KY 41076. Clerk further instructed to update the docket to note the phone number of Plf (see Order). (Tape #KYED-COV 2-14-cv-64-WOB-CJS-20160225 095845.) Signed by Candace J. Smith. (ECO)cc: COR w/copy to John P. Roth, Jr., pro se Plf, via U.S. Mail, at address on the docket sheet.
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Filing 28
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 2/11/2016 before Magistrate Judge Candace J. Smith: 1) In Court STATUS CONFERENCE set for 2/25/2016 at 10:00 AM in COVINGTON before Magistrate Judge Candace J. Smith. Plaintiff Roth shall appear for this February 25, 2016 hearing in person; 2) Defense counsel Mr. Keal may participate in this show cause hearing by telephone with dial in instructions included in this paragraph; 3) Clerk of Court instructed to mail a copy of this Minute Entry to Plaintiff John P. Roth, Jr.; 4) Plaintiff Roth is forewarned that if he fails to appear on February 25, 2016, the undersigned likely will recommend to the District Judge that this case be dismissed for failure to prosecute and comply with Court orders. (Tape #KYED-COV_2-14-64-WOB-CJS_20160211_095801.) Signed by Magistrate Judge Candace J. Smith. (TED)cc: COR, John P. Roth, Jr. via U.S. Mail
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Filing 27
ORDER: This case is scheduled for a TELEPHONIC STATUS CONFERENCE on 2/11/2016 at 10:00 AM. Parties to the telephone conf must dial in 5 minutes before the conf is scheduled to begin (See Order for Details). Plf John R. Roth, Jr. must participate in the call. Additionally, Mr. Roth must call the Clerk's office (859-392-7925) promptly upon receipt of this Order to provide updated contact information, including his telephone number. Signed by Magistrate Judge Candace J. Smith on 1/28/2016.(ECO)cc: COR w/copy of Order to John R. Roth, Jr., pro se Plf, via U.S. Mail at address listed on the docket sheet.
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Filing 26
NOTICE TO THE COURT by John P. Roth, Jr re #25 Minute Entry Order for Hearing held on 11/17/2015. (ECO)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #26 Notice of Order to the Court re: #25 Minute Entry Order for Hearing held on 11/17/2015. (ECO)
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Filing 25
MINUTE ENTRY ORDER FOR MOTION HEARING held on 11/17/2015 before Magistrate Judge Candace J. Smith: 1. Plaintiffs counsels Motion to Withdraw #23 is GRANTED. 2. Plaintiff is given 60 days to obtain new counsel to represent him in this case. New counsel must file a Notice of Appearance by January 16, 2016. If Plaintiff has not obtained new counsel by January 16, 2016, he shall file a Notice with the Court to report that counsel has not been obtained and to confirm whether he intends to continue to pursue his claims by representing himself. 3. The December 2, 2015, Discovery and Status Report deadline, as well as the January 14, 2016, Dispositive Motion deadline are VACATED at this time. Those deadlines shall be reestablished once Plaintiff has either obtained new counsel or filed a Notice as ordered above. 4. Clerk to mail a copy of this Minute Entry to Pro Se Plaintiff, John P. Roth, Jr., at 4566 Winters Lane, Cold Springs, KY 41076. (Tape #KYED-COV_2-14-cv-64-WOB-CJS-20151117_102706.) Signed by Judge Candace J. Smith. (KRB)cc: COR, John P. Roth via US Mail
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Filing 24
ORDER: 1) That the MOTION TO WITHDRAW HEARING #23 is set for 11/17/2015 at 10:30 AM in COVINGTON before Magistrate Judge Candace J. Smith. Attys Franke, Shipp, and Best shall appear as Plf's counsel of record; 2) Plf John R. Roth, Jr. shall appear for this hearing and Plf's counsel is directed to serve him with a copy of this Order. If Plf has retained or should retain new counsel prior to this hearing date, that counsel shall enter his or her appearance in the record. Signed by Magistrate Judge Candace J. Smith on 11/3/2015.(ECO)cc: COR Modified bracket on 11/3/2015 (ECO).
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Filing 23
MOTION to Withdraw as Attorney by John P. Roth, Jr Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Affidavit of Gary F. Franke, #2 Exhibit Affidavit of Jeffrey C. Shipp, #3 Exhibit Affidavit of Scott A. Best, #4 Proposed Order)(Shipp, Jeffrey)
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Filing 22
NOTICE of Service of Defendants' Rule 26(a)(2) Expert Disclosures by John P. Roth, Jr (Best, Scott) Modified to better describe pleading on 9/1/2015 (ECO).
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Filing 21
ORDER: Plaintiff's motion for extension of time #20 is GRANTED. 1) Reports from experts due from plaintiff 9/1/2015. 2) Reports from experts due from defendant 11/2/2015. 3) Fact and expert discovery to be completed and status reports to be filed by 12/2/2015. 4) Dispositive motions to be filed 1/4/2016. Signed by Magistrate Judge Candace J. Smith on 7/29/2015.(TJZ)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE SMITH for review: re #20 MOTION for Extension of Time to produce reports from retained experts by John P. Roth, Jr (TED)
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Filing 20
MOTION for Extension of Time to produce reports from retained experts by John P. Roth, Jr Motions referred to Candace J. Smith. (Attachments: #1 Exhibit, #2 Proposed Order)(Shipp, Jeffrey) Modified motion relief on 6/30/2015 (TED).
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NOTICE OF DOCKET MODIFICATION TO Jeffrey Shipp re #20 MOTION for Extension of Time to produce reports from retained experts by John P. Roth, Jr ; Error: Attachment was insufficiently described as "Exhibit"; Entry by Attorney; Correction: Clerk renamed the attachment. Attachments must be adequately descried. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TED)
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Filing 19
ORDER: 1) Plf's #18 Motion for Extension of Time is GRANTED; 2) Discovery and dispositive motion schedule set forth in Docket Call Order #13 are amended as follows: (1) Reports from retained experts due from Plf by 7/1/2015; (2) Reports from retained experts due from Def by 9/1/2015; (3) All fact and expert discovery shall be completed and jt or separate status reports due 10/1/2015; (4) Dispositive motions due 11/1/2015. Signed by Magistrate Judge Candace J. Smith on 5/13/2015. (ECO)cc: COR
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Set/Reset Deadlines: Dispositive Motions due by 11/1/2015. Discovery due by 10/1/2015. Reports from Retained Experts due from Plf by 7/1/2015. Reports from Retained Experts due from Def by 9/1/2015; Status Report due by 10/1/2015. (ECO)
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NOTICE OF DOCKET MODIFICATION TO Jeffrey Shipp re #18 MOTION for Extension of Time by John P. Roth, Jr ; Error: Attachment was insufficiently described as "Exhibit A"; Entry by Attorney; Correction: Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect). Exhibit A Affidavit of John doe (correct). No further action required by counsel. cc: COR (TED)
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Filing 18
MOTION for Extension of Time to produce reports from retained experts by John P. Roth, Jr Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A, #2 Proposed Order)(Shipp, Jeffrey) Modified describing text on 5/4/2015 (TED).
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Filing 17
ORDER (PROTECTIVE ORDER): 1) Jt Motion for Protective Order #16 is granted in part to the extent the parties seek a protective order for discovery document production and have agreed upon certain provisions of such an order, but is denied in part as to the proposed paragraphs 11 and 17 of that agreed-upon proposal; 2) The attached Stipulated Sharing and Non-Sharing Protective order as proposed by the parties ( #16 -1) is approved and incorporated by reference, with the exception of paragraphs 11 and 17. Paragraphs 11 and 17 as revised in this Order must be utilized by the parties. Signed by Magistrate Judge Candace J. Smith on 2/7/2015. (Attachments: #1 Stipulated Sharing and Non-Sharing Protective Order) (ECO)cc: COR
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Filing 16
JOINT MOTION for Protective Order by Ford Motor Company, John P. Roth, Jr. Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Keal, R.) Modified adding filer on 1/29/2015 (TED).
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***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE SMITH for review: re #16 JOINT MOTION for Protective Order by Ford Motor Company, John Roth (TED)
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Filing 15
AGREED LITIGATION PLAN AND DISCOVERY SCHEDULE OUTLINE - REPORT of Rule 26(f) Planning Meeting. (Keal, R.) Modified to better describe on 9/19/2014 (TED).
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***FILE SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: #15 Agreed Litigation Plan and Discovery schedule outline - Report of Rule 26(f) Planning Meeting (TED)
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Filing 14
ORDER: The following procedure shall be used to address discovery disputes: 1) Parties shall first meet and/or confer in an attempt to resolve disputes between themselves, without judicial intervention; 2) If the parties are unable to resolve such disputes informally, they shall attempt to resolve their disagreement by telephone conference with the Magistrate Judge; and, 3) If, and only if, the parties are unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court. Written motions regarding discovery shall include the certification required by Civil Rule 37(a)(1) and Local Rule of Civil Practice 37.1, if applicable. Signed by Magistrate Judge Candace J. Smith on 9/16/2014.(ECO)cc: COR
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Filing 13
MINUTE ENTRY ORDER FOR DOCKET CALL held on 9/10/2014 before Judge William O. Bertelsman: 1) Discovery due by 7/1/2015 with joint or separate status reports due the same date; 2) Dispositive Motions due by 8/1/2015. Although documents must now be filed electronically with the Court Clerk, a paper court courtesy copy must be provided to CHAMBERS within 48 hours of the filing of the brief or memorandum in support of any motion, where such brief or memorandum (including any attached exhibits) exceeds 10 pages. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
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Filing 12
ORDER: DOCKET CALL set for 9/10/2014 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 8/22/2014.(ECO)cc: COR
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Filing 11
FRCP 7.1 DISCLOSURE STATEMENT by Ford Motor Company identifying Other Affiliate State Street Bank and Trust Company, Other Affiliate State Street Corporation for Ford Motor Company.. (Keal, R.)
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Filing 10
ANSWER to #6 Amended Complaint by Ford Motor Company.(Keal, R.)
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Filing 9
SUMMONS RETURNED by John P. Roth, Jr: SERVICE BY SECRETARY OF STATE to Ford Motor Company COMPLETED on 5/5/2014. Secretary of State return states to Ford Motor Company Certified Mail #7192 2677 0010 0190 1159 delivered on 4/23/14 Dearborn, MI. (ECO)
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Filing 8
SUMMONS RETURNED by John P. Roth, Jr: SERVICE BY SECRETARY OF STATE to Ford Motor Company COMPLETED on 5/5/2014. Secretary of State return states to Ford Motor Company. Certified Mail #7192 2677 0010 0190 1142 delivered 4/23/14 Dearborn, MI. (ECO)
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Filing 7
Summons Issued as to Ford Motor Company; Summons issued and returned to counsel by U.S. Mail for service by Secretary of State. Packed mailed to attorney 4/11/2014. (TJZ)
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Filing 6
AMENDED COMPLAINT against Ford Motor Company, filed by John P. Roth, Jr. (Attachments: #1 Summons to Serve Amended Complaint, #2 Summons to Serve Amended Complaint)(Shipp, Jeffrey)
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Filing 5
ORDER: 1) That Plaintiff file an amended complaint within seven (7) days of entry of this Order. Signed by Judge William O. Bertelsman on 4/10/2014.(ECO)cc: COR
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Conflict Check run. (TJZ)
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Filing 4
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge shall conduct all pretrial and status conferences, rule on non-dispositive motions. Dispositive motions and motions in limine will be ruled on by district judge; final pretrial conference and trial will be conducted by the district judge unless the parties agree to trial by Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(TJZ)cc: COR
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Filing 3
Summons Issued as to Ford Motor Company; Summons issued and returned to counsel by U.S. Mail for service by Secretary of State. (TJZ) Packet mailed to attorney 4/9/2014. Modified text on 4/10/2014 (TJZ).
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Filing 2
MAGISTRATE JUDGE CANDACE SMITH chosen by random selection to handle matters that may be referred in this case. (TJZ)
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Filing 1
COMPLAINT ( Filing fee $400; receipt number 0643-2916315), filed by John P. Roth, Jr. (Attachments: #1 Civil Cover Sheet, #2 Case Assignment, #3 Summons-Ford Motor, #4 Summons-c/o CT Corp)(TJZ)
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| Plaintiff: John P. Roth, Jr. | |
| Represented By: | Gary F. Franke |
| Represented By: | Jeffrey C. Shipp |
| Represented By: | Marcus S. Carey |
| Represented By: | Scott A. Best |
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| Defendant: Ford Motor Company | |
| Represented By: | R. Thaddeus Keal |
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