Michel v. Ford Motor Company, et al
Plaintiff: Victor Anthony Michel, Victor Michel, Keith Michel, Norbert Michel and Vickie Michel
Defendant: Honeywell Int. Inc., as Successor in Interest to Bendix Corp., Crane Company, Metropolitan Life Insurance Company, CertainTeed Corporation Inc., Pneumo-Abex, LLC, Borg-Warner Morse Tec LLC, Dana Companies LLC, General Electric, Aurora Pump Company, Ford Motor Company, Cummins Inc, Crown Cork & Seal Co., Inc., Honeywell International, Inc., Genuine Parts Company, Dap, Inc., Union Carbide Coporation, BWDAC, Inc, CBS Corporation, Certain-Teed Corporation, DCO, LLC, General Electric Company, Pneumo Abex Corporation, Anco Insulations Inc, Arvinmeritor, Inc., Bridgestone/Firestone Americas Holding, Inc., BWD Automotive Corporation, Carlisle Companies Incorporated, Viacom Inc, Westinghouse Electric Corporation, Eaton Corporation, Georgia Pacific LLC, Hennessy Industries, Inc., Lear Siegler Diversified Holdings Corp., Maremont Corporation, Taylor Seidenbach, Inc., Viking Pump Inc, United Auto Supply Of Syracuse, Inc, Crown Cork & Seal USA, Inc., Bridgestone Americas, Inc. and Ford Leasing Development Company LLC
Case Number: 2:2018cv04738
Filed: May 8, 2018
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Orleans
Presiding Judge: Karen Wells Roby
Referring Judge: Wendy B Vitter
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1332 Diversity-Asbestos Litigation
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2020 Opinion or Order Filing 308 ORDER: IT IS HEREBY ORDERED that the #307 Motion to Withdraw as Attorney is GRANTED. Terrence M.R. Zic shall be withdrawn as counsel of record pro hac vice for defendant, Ford Motor Company. Signed by Judge Wendy B Vitter on 10/19/2020. (jeg)
October 16, 2020 Opinion or Order Filing 307 EXPARTE/CONSENT MOTION to Withdraw Terrence M.R. Zic as Attorney Pro Hac Vice by Ford Motor Company. (Attachments: #1 Proposed Order)(Rudin, Skylar)
August 11, 2020 Opinion or Order Filing 306 ORDER OF DISMISSAL: IT IS HEREBY ORDERED that this action is DISMISSED without costs and without prejudice to the right, upon good cause shown, to reopen the action if settlement is not consummated within a reasonable time. The Court retains jurisdiction to enforce the compromise agreed upon by the parties. Signed by Judge Wendy B Vitter on 8/11/2020.(jeg)
July 24, 2020 Opinion or Order Filing 305 Exhibit List by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Exhibit, #2 Exhibit)(Dunn, Alex)
July 24, 2020 Opinion or Order Filing 304 Witness List by Keith Michel, Norbert Michel, Vickie Michel. (Dunn, Alex)
July 23, 2020 Opinion or Order Filing 303 Witness List by Ford Leasing Development Company LLC. (Polk, Janika)
July 23, 2020 Opinion or Order Filing 302 Exhibit List by Ford Leasing Development Company LLC. (Polk, Janika)
June 26, 2020 Opinion or Order Filing 301 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 8/18/2020 10:00 AM before Chief Magistrate Judge Karen Wells Roby. All lead counsel are ORDERED TO APPEAR BY VIDEO. Signed by Magistrate Judge Karen Wells Roby on June 25, 2020.(mp)
June 15, 2020 Opinion or Order Filing 300 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 9/25/2020 at 10:00 AM before Chief Magistrate Judge Karen Wells Roby. All lead counsel are ordered to appear BY VIDEO. Counsel must immediately contact chambers with any scheduling conflicts. Signed by Magistrate Judge Karen Wells Roby on June 12, 2020.(mp)
June 11, 2020 Opinion or Order Filing 299 SETTLEMENT CONFERENCE ORDER: Due to the continuation of Pretrial and Trial dates, the #287 Settlement Conference presently set for 6/12/2020 is CANCELLED to be reset. Signed by Magistrate Judge Karen Wells Roby on June 11, 2020.(mp)
May 13, 2020 Opinion or Order Filing 298 ORDER AND REASONS: IT IS HEREBY ORDERED that #250 Motion in Limine To Exclude Testimony or Opinions From Plaintiffs' Experts Regarding Plaintiffs' Employer and Premises Liability Claims is GRANTED. Chris DePasquale, MPH, CIH, Dr. Brent C. Staggs and Dr. Murray Finkelstein may only testify as experts regarding Plaintiffs' products liability claims, and may not offer expert opinions regarding Plaintiffs' employer and premises liability claims. Signed by Judge Wendy B Vitter on 5/12/2020. (jeg)
April 13, 2020 Opinion or Order Filing 297 SECOND AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 10/21/2020 10:00 AM before Judge Wendy B Vitter. Jury Trial set for 11/9/2020 09:00 AM before Judge Wendy B Vitter. All discovery must be completed by 8/21/2020. Signed by Judge Wendy B Vitter on 4/13/2020. (Attachments: #1 Pretrial Notice Form)(jeg)
April 13, 2020 Opinion or Order Filing 296 Minute Entry for proceedings held before Judge Wendy B Vitter: A Status Conference was held on 4/13/2020. The Court discussed with counsel the status of the case and the Court's April 8, 2020 Order granting the Defendants' Motion to Continue the Trial Date and Amend the Scheduling Order (R. Doc. 295) as set forth in document. IT IS HEREBY ORDERED that the jury trial in this case is rescheduled for November 9, 2020, at 9:00 a.m. A final pretrial conference is scheduled for October 21, 2020, at 10:00 a.m. (jeg)
April 8, 2020 Opinion or Order Filing 295 ORDER: ORDERED that #288 Motion to Continue the Trial Date and Amend the Scheduling Order is GRANTED. A telephone status conference is set for Monday, April 13, 2020, at 3:15 p.m., to select a new trial date and new pretrial deadlines. Dial-in information for the conference will be emailed to counsel of record. FURTHER ORDERED that #292 Motion for Extension of Deadlines is DENIED as moot. Signed by Judge Wendy B Vitter on 4/8/2020. (jeg)
April 7, 2020 Opinion or Order Filing 294 Reply Memorandum filed by Ford Leasing Development Company LLC, in Support of #272 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Wrongful Death Causes of Action Due to Workers' Compensation Immunity. (mmv)
April 7, 2020 Opinion or Order Filing 293 TEXT ORDER (No PDF Document Attached) Granting #291 Ford Leasing Development Company, LLC's Motion for Leave to File Reply. The clerk's office is directed to file the Reply brief (R. Doc. 291-2) into the record in this matter. Signed by Judge Wendy B Vitter on 4/7/20. (fmm)
April 6, 2020 Opinion or Order Filing 292 MOTION for Extension of Deadlines Plaintiffs' Expert Reports by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 4/21/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order, #4 Notice of Submission)(Donahue, Roshawn) Responses due by 4/13/2020 (mmv).
April 6, 2020 Opinion or Order Filing 291 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of its Rule 12(b)(6) Motion to Dismiss Plaintiffs Wrongful Death Causes of Action Due to Workers Compensation Immunity (rec doc 272) by Ford Leasing Development Company LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Polk, Janika) Modified text on 4/7/2020 (jeg).
April 6, 2020 Opinion or Order Filing 290 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #288 MOTION to Continue the Trial Date MOTION to Amend/Correct #257 Scheduling Order . (Donahue, Roshawn)
April 2, 2020 Opinion or Order Filing 289 TEXT ORDER (No PDF Document Attached) re #288 MOTION to Continue the Trial Date MOTION to Amend/Correct #257 Scheduling Order filed by Ford Leasing Development Company LLC, Ford Motor Company. IT IS HEREBY ORDERED that the submission date on the Motion to Continue (R. Doc. 288) is RESET for April 6, 2020. Any opposition to the Motion must be filed by April 6, 2020. Signed by Judge Wendy B Vitter.(fmm)
April 1, 2020 Opinion or Order Filing 288 MOTION to Continue the Trial Date, MOTION to Amend/Correct #257 Scheduling Order by Ford Leasing Development Company LLC, Ford Motor Company. Motion(s) will be submitted on 4/21/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Polk, Janika) Responses due by 4/13/2020 (mmv).
April 1, 2020 Opinion or Order Filing 287 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 6/12/2020 at 10:00 AM before Chief Magistrate Judge Karen Wells Roby. All lead counsel are ordered to appear. Counsel must immediately contact chambers with any conflicts. Signed by Magistrate Judge Karen Wells Roby on March 31, 2020.(mp)
March 31, 2020 Opinion or Order Filing 286 Reply Memorandum filed by Ford Motor Company, in Support of #248 MOTION for Partial Summary Judgment on Plaintiffs Premises Liability, Employment Liability, and Undertaking Claims. (mmv)
March 31, 2020 Opinion or Order Filing 285 TEXT ORDER (No PDF Document Attached) Granting #277 Ford Motor Company's Motion for Leave to File Reply. The clerk's office is directed to file Ford Motor Company's Reply brief (R. Doc. 277-4), into the record in this matter. Signed by Judge Wendy B Vitter on 3/31/20. (fmm)
March 31, 2020 Opinion or Order Filing 284 SEALED Opposition to #277 MOTION for Leave to File Reply Memorandum (jeg)
March 31, 2020 Opinion or Order Filing 283 ORDER GRANTING #281 Motion to Seal Document. Plaintiffs' Memorandum in Opposition to Ford Motor Companys Reply Memorandum to Plaintiffs Opposition to Ford Motor Company's Rule 56 Motion For Partial Summary Judgment on Plaintiffs' Premises Liability, Employment Liability and Undertaking Claims shall be filed into the record UNDER SEAL. The Opposition brief shall remain under seal for the duration of this litigation. Signed by Judge Wendy B Vitter on 3/30/2020. (jeg)
March 30, 2020 Opinion or Order Filing 282 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #272 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Wrongful Death Causes of Action Due to Workers' Compensation Immunity . (Donahue, Roshawn)
March 27, 2020 Opinion or Order Filing 281 EXPARTE/CONSENT MOTION to Seal Document 279 Order on Motion to Expedite, #277 MOTION for Leave to File Reply Memorandum in Support of its Rule 56 Motion for Partial Summary Judgment on Premises Liability, Employment Liability, and Undertaking Claims by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Donahue, Roshawn) (Additional attachment(s) added on 3/30/2020: #3 Sealed Proposed Pleading) (jeg).
March 25, 2020 Opinion or Order Filing 280 ORDER GRANTING #278 Motion to Enroll as Counsel of Record. Mr. Mennucci shall also be permitted to appear as a visiting attorney for and on behalf of defendant, Ford Leasing Development Company LLC. Signed by Judge Wendy B Vitter on 3/25/2020. (Attachments: #1 PHV Notice) (jeg)
March 25, 2020 Opinion or Order Filing 279 TEXT ORDER (No PDF Document Attached) Granting #275 Motion For Expedited Consideration. IT IS HEREBY ORDERED that the submission date on Ford Motor Company's Motion for Leave to File Reply (R. Doc. 277) is reset for Friday, March 27, 2020. Plaintiffs shall have until March 27, 2020, to file an opposition to the Motion for Leave to File Reply (R. Doc. 277). Signed by Judge Wendy B Vitter on 3/25/20. (fmm)
March 24, 2020 Opinion or Order Filing 278 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record William Mennucci by Ford Leasing Development Company LLC. (Attachments: #1 Proposed Order)(Polk, Janika)
March 24, 2020 Opinion or Order Filing 277 MOTION for Leave to File Reply Memorandum in Support of its Rule 56 Motion for Partial Summary Judgment on Premises Liability, Employment Liability, and Undertaking Claims (rec doc 269) by Ford Motor Company. Motion(s) will be submitted on 4/7/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Proposed Pleading)(Ziffer, Lee) Modified text on 3/25/2020 (jeg). Responses due by 3/30/2020 (mmv).
March 24, 2020 Opinion or Order Filing 276 Statement of Corporate Disclosure by Ford Leasing Development Company LLC identifying Corporate Parent Ford Motor Company for Ford Leasing Development Company LLC (Polk, Janika)
March 23, 2020 Opinion or Order Filing 275 EXPARTE/CONSENT MOTION to Expedite Consideration on Ford Motor Companys #277 Motion for Leave to File Reply Memorandum in Support of its Rule 56 Motion for Partial Summary Judgment on Premises Liability, Employment Liability, and Undertaking Claims by Ford Motor Company. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order)(Ziffer, Lee) Modified text on 3/25/2020 (jeg).
March 23, 2020 Opinion or Order Filing 274 **DEFICIENT** MOTION for Leave to File to File Reply Memorandum in Support of its Rule 56 Motion for Partial Summary Judgment on Premises Liability, Employment Liability, and Undertaking Claims by Ford Motor Company. Motion(s) will be submitted on 4/7/2020. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Proposed Pleading)(Ziffer, Lee) Modified on 3/24/2020 (jeg).
March 20, 2020 Opinion or Order Filing 273 ANSWER to #204 Amended Complaint with Jury Demand , ANSWER to #239 Amended Complaint, with Jury Demand by Ford Motor Company. (Attachments: #1 Exhibit)(Ziffer, Lee) Modified text on 3/23/2020 (jeg).
March 20, 2020 Opinion or Order Filing 272 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Wrongful Death Causes of Action Due to Workers' Compensation Immunity by Ford Leasing Development Company LLC. Motion(s) will be submitted on 4/7/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Ziffer, Lee) Responses due by 3/30/2020. (mmv).
March 18, 2020 Opinion or Order Filing 271 Correction of Docket Entry by Clerk re #270 Response/Memorandum in Opposition to Motion. **Document was incorrectly filed as a separate document instead of an attachment to document 269. Clerk took corrective action. No further action is needed.** (jeg)
March 17, 2020 Opinion or Order Filing 270 **ERROR- See correct document rec doc 269** RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #248 MOTION for Partial Summary Judgment on Plaintiffs Premises Liability, Employment Liability, and Undertaking Claims Plaintiffs' Statement of Contested Facts. (Attachments: #1 Exhibit A, #2 Exhibit B)(Donahue, Roshawn) Modified on 3/18/2020 (jeg).
March 17, 2020 Opinion or Order Filing 269 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #248 MOTION for Partial Summary Judgment on Plaintiffs Premises Liability, Employment Liability, and Undertaking Claims . (Attachments: #1 Exhibit A, #2 Exhibit B)(Donahue, Roshawn) (Additional attachment(s) added on 3/18/2020: #3 Statement of Contested/Uncontested Facts) (jeg).
March 9, 2020 Opinion or Order Filing 268 ORDER: IT IS ORDERED that the #264 Motion to Dismiss Party is GRANTED. The action against defendant, Pneumo Abex, LLC, is hereby dismissed without costs and without prejudice to the right, upon good cause shown, to reopen the action if settlement is not consummated within a reasonable time. Signed by Judge Wendy B Vitter on March 9, 2020. (mp)
March 9, 2020 Opinion or Order Filing 267 ORDER: IT IS ORDERED that the #260 Motion to Dismiss Party, #261 Motion to Dismiss Party, and #262 Motion to Dismiss Party are GRANTED. All of the Plaintiffs' claims against BorgWarner Morse Tec, LLC, Dana Companies, LLC and DAP, Inc. are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs. Signed by Judge Wendy B Vitter on March 6, 2020. (mp)
March 6, 2020 Opinion or Order Filing 266 Correction of Docket Entry by Clerk re #263 MOTION to Dismiss Party Pneumo Abex, LLC. This is a duplicate filing of Rec. Doc. 264 and will be noted as such. No further action is necessary. (mp)
March 6, 2020 Opinion or Order Filing 265 Correction of Docket Entry by Clerk re #262 EXPARTE/CONSENT Joint MOTION to Dismiss Party Dap, Inc.. 1.) Filing attorney did not select Dap, Inc. as a joint filer. Clerk added filer. 2.) Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. (mp)
March 6, 2020 Opinion or Order Filing 264 EXPARTE/CONSENT MOTION to Dismiss Party Pneumo Abex, LLC by Keith Michel, Norbert Michel, Vickie Michel, Pneumo Abex Corporation. (Attachments: #1 Proposed Order)(Dunn, Alex) Modified filers on 3/6/2020 (mp).
March 6, 2020 Opinion or Order Filing 263 ***FILED IN ERROR - SEE REC. DOC. 264: MOTION to Dismiss Party Pneumo Abex, LLC by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 3/6/2020. (Attachments: #1 Proposed Order)(Dunn, Alex) Modified text on 3/6/2020 (mp).
March 6, 2020 Opinion or Order Filing 262 EXPARTE/CONSENT Joint MOTION to Dismiss Party Dap, Inc. by Keith Michel, Norbert Michel, Vickie Michel, Dap. Inc. Motion(s) will be submitted on 3/6/2020. (Attachments: #1 Proposed Order)(Dunn, Alex) Modified filers/text on 3/6/2020 (mp).
March 5, 2020 Opinion or Order Filing 261 EXPARTE/CONSENT MOTION to Dismiss Party Dana Companies, LLC by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Donahue, Roshawn)
March 5, 2020 Opinion or Order Filing 260 EXPARTE/CONSENT MOTION to Dismiss Party BorgWarner Morse TEC, LLC by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Donahue, Roshawn)
March 5, 2020 Opinion or Order Filing 259 Amended Exhibit List by Ford Motor Company. (Polk, Janika)
March 5, 2020 Opinion or Order Filing 258 Witness List by Ford Motor Company. (Attachments: #1 Exhibit A)(Polk, Janika)
March 4, 2020 Opinion or Order Filing 257 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 7/8/2020 02:00 PM before Judge Wendy B Vitter. Jury Trial set for 7/27/2020 09:00 AM before Judge Wendy B Vitter. Signed by Judge Wendy B Vitter on March 4, 2020.(mp)
March 3, 2020 Opinion or Order Filing 256 Minute Entry for proceedings held before Judge Wendy B Vitter: The Court first sought clarification from counsel regarding why counsel for Borg-Warner Morse Tec LLC, Bridgestone Americas, Inc., Dana Companies LLC, Dap, Inc., and Pneumo Abex Corporation were not participating in the telephone status conference. After a discussion with counsel, which revealed that Plaintiffs had either settled or dismissed their claims against those defendants, as set forth in document. ORDERED that the jury trial in this case is rescheduled for July 27, 2020, at 9:00 a.m. A final pretrial conference is scheduled for July 8, 2020, at 2:00 p.m. FURTHER ORDERED that the submission dates on #248 MOTION for Partial Summary Judgment, #250 MOTION in Limine to to Exclude Testimony or Opinions from Plaintiffs Experts Regarding Plaintiffs Employer and Premises Liability Claims are reset for March 24, 2020. FURTHER ORDERED that Plaintiffs shall have until Friday, March 6, 2020, to file formal motions to dismiss the following defendants from this litigation: Borg-Warner Morse Tec LLC, Bridgestone Americas, Inc., Dana Companies LLC, Dap, Inc., and Pneumo Abex Corporation. (jeg)
February 28, 2020 Opinion or Order Filing 255 ORDER GRANTING #251 MOTION to Amend/Correct #227 Scheduling Order, and Continue Trial Date. The pretrial deadlines set forth in the Courts April 11, 2019 Scheduling Order (R. Doc. 227), including the April 13, 2020 trial date and the April 2, 2020 final pretrial conference date, are hereby CONTINUED without date. FURTHER ORDERED that a telephone status conference is set for Tuesday, March 3, 2020, at 10:00 a.m., during which the Court will set a new trial date and pretrial deadlines.. Signed by Judge Wendy B Vitter on 2/28/2020.(jeg)
February 28, 2020 Opinion or Order Filing 254 ORDER GRANTING #249 Motion for Leave to File Certain Exhibits Under Seal. Exhibits B, C, D and E to #248 MOTION for Partial Summary Judgment shall be filed into the record UNDER SEAL. The Exhibits shall remain under seal for the duration of this litigation. Signed by Judge Wendy B Vitter on 2/28/2020. (jeg)
February 26, 2020 Opinion or Order Filing 253 ORDER granting #247 Motion to Enroll as Counsel of Record for Attorney Skylar B. Rudin for Ford Leasing Development Company LLC and Ford Motor Company. Signed by Judge Wendy B Vitter on 2/24/2020. (caa)
February 26, 2020 Opinion or Order Filing 252 Correction of Docket Entry by Clerk re #249 MOTION for Leave to File Certain Exhibits Under Seal re #248 MOTION for Partial Summary Judgment. **1. Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 248. No further action necessary. 2. Filing attorney incorrectly attached copy of Motion for Partial Summary Judgment as proposed pleading. For future Motions for leave to file under seal, filing attorney must link motion to the document instead of attaching it as a proposed pleading. Please follow this requirement on future pleadings.** (jeg)
February 24, 2020 Opinion or Order Filing 251 EXPARTE/CONSENT MOTION to Amend/Correct #227 Scheduling Order, and Continue Trial Date by Ford Leasing Development Company LLC, Ford Motor Company. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Polk, Janika)
February 24, 2020 Opinion or Order Filing 250 MOTION in Limine to to Exclude Testimony or Opinions from Plaintiffs Experts Regarding Plaintiffs Employer and Premises Liability Claims by Ford Motor Company. Motion(s) will be submitted on 3/10/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Ziffer, Lee) Responses due by 3/2/2020 (mmv).
February 24, 2020 Opinion or Order Filing 249 EXPARTE/CONSENT MOTION for Leave to File Certain Exhibits Under Seal re #248 MOTION for Partial Summary Judgment by Ford Motor Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Ziffer, Lee) Modified text/linkage on 2/26/2020 (jeg).
February 24, 2020 Opinion or Order Filing 248 MOTION for Partial Summary Judgment on Plaintiffs Premises Liability, Employment Liability, and Undertaking Claims by Ford Motor Company. Motion(s) will be submitted on 3/10/2020. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Notice of Submission, #9 Proposed Order)(Ziffer, Lee) Responses due by 3/2/2020 (mmv). (Additional attachment(s) added on 2/28/2020: #10 Sealed Exhibits B, C, D and E) (jeg).
February 21, 2020 Opinion or Order Filing 247 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Skylar B. Rudin by Ford Leasing Development Company LLC, Ford Motor Company. (Attachments: #1 Proposed Order)(Polk, Janika)
February 20, 2020 Opinion or Order Filing 246 ORDER DENYING #245 Motion for Rule 16 Scheduling Conference as set forth in document. Signed by Judge Wendy B Vitter on 2/20/2020. (jeg)
February 19, 2020 Opinion or Order Filing 245 EXPARTE/CONSENT MOTION Unopposed Motion for Rule 16 Scheduling Conference by Ford Leasing Development Company LLC, Ford Motor Company. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Polk, Janika)
February 18, 2020 Opinion or Order Filing 244 TEXT ORDER (No PDF Document Attached) Granting #242 Motion for Extension of Time to Answer re [1-2] Petition for Damages, #204 First Supplemental and Amended Complaint, and #239 Second Supplemental and Amended Complaint as to Ford Leasing Development Company LLC. Answer due 3/20/2020. Signed by Judge Wendy B. Vitter on 2/18/20. (fmm)
February 18, 2020 Opinion or Order Filing 243 Correction of Docket Entry by Clerk re #242 MOTION for Extension of Time to Answer re #239 Amended Complaint, #240 Summons Issued . **Filing attorney incorrectly linked document to document 240. Clerk took corrective action and removed link. No further action necessary.** (jeg)
February 18, 2020 Opinion or Order Filing 242 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #239 Amended Complaint. (Attachments: #1 Proposed Order)Attorney Janika D. Polk added to party Ford Leasing Development Company LLC(pty:dft).(Polk, Janika) Modified text/linkage on 2/18/2020 (jeg).
February 18, 2020 Opinion or Order Filing 241 SUMMONS Returned Executed; Ford Leasing Development Company LLC served on 2/7/2020, answer due 2/28/2020. (Dunn, Alex)
January 21, 2020 Opinion or Order Filing 240 Summons Issued as to Ford Leasing Development Company LLC. (mp) (Main Document 240 replaced on 1/21/2020 w certified copy) (mp).
January 21, 2020 Opinion or Order Filing 239 SECOND AMENDED COMPLAINT against All Defendants filed by Vickie Michel, Keith Michel, Norbert Michel.(mp)
January 21, 2020 Opinion or Order Filing 238 ORDER: IT IS ORDERED that the #236 Motion for Leave to File Second Supplemental and Amending Complaint is GRANTED. Signed by Magistrate Judge Karen Wells Roby on January 17, 2020. (mp)
November 12, 2019 Opinion or Order Filing 237 RESPONSE/MEMORANDUM in Opposition filed by Ford Motor Company re #236 MOTION for Leave to File Second Amended Complaint . (Attachments: #1 Exhibit A - Ford Motor Companys Third Set of Interrogatories, Second Set of Requests for Admission, and Third Set of Requests for Production of Documents to Plaintiffs, #2 Exhibit B - Plaintiffs Responses to Ford Motor Companys Third Set of Interrogatories, Second Set of Requests for Admission and Third Set of Requests for Production of Documents, #3 Exhibit C - Louisiana Secretary of State records concerning Ford Motor Company, #4 Exhibit D - Louisiana Secretary of State records concerning Ford Leasing Development Company, LLC)(Ziffer, Lee)
October 29, 2019 Opinion or Order Filing 236 MOTION for Leave to File Second Amended Complaint by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 11/20/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Notice of Submission, #6 Statement, #7 Proposed Pleading)(Donahue, Roshawn)
October 28, 2019 Opinion or Order Filing 235 DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File Second Amended Complaint by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) referred to Karen Wells Roby. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Statement, #6 Proposed Pleading)(Donahue, Roshawn) Modified text on 10/29/2019 (mp).
October 9, 2019 Opinion or Order Filing 234 ORDER GRANTING #232 Motion to Dismiss Party. All of Plaintiff's claims against defendant, Aurora Pump Company, are DISMISSED WITH PREJUDICE. Signed by Judge Wendy B Vitter on 10/9/2019. (jeg)
October 8, 2019 Opinion or Order Filing 233 Correction of Docket Entry by Clerk re #232 MOTION to Dismiss Party With Prejudice. Document contains incorrect Section. All future pleadings must reflect Section D, Judge Vitter. (clw)
October 7, 2019 Opinion or Order Filing 232 EXPARTE/CONSENT MOTION to Dismiss Party With Prejudice by Aurora Pump Company, Vickie Michel, Norbert Michel, Keith Michel. (Attachments: #1 Proposed Order)(Thibodeaux, Brandie) Modified text/filers on 10/8/2019 (clw).
June 4, 2019 Opinion or Order Filing 230 ORDER granting #229 Motion to Withdraw as Attorney. Signed by Judge Sarah S. Vance on 6/4/2019. (mm)
June 3, 2019 Opinion or Order Filing 231 ORDER TRANSFERRING CASE. Case transferred to Judge Wendy B Vitter. Judge Sarah S. Vance no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 6/3/2019.(mm)
June 3, 2019 Opinion or Order Filing 229 EXPARTE/CONSENT MOTION to Withdraw Ashley Page as Attorney by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Donahue, Roshawn)
May 23, 2019 Opinion or Order Filing 228 ORDER AND REASONS: For the foregoing reasons set forth in the document, defendant's #209 motion is DENIED, except as to plaintiffs' wrongful death employer liability claim, which is DISMISSED WITH PREJUDICE. Signed by Judge Sarah S. Vance on 5/23/2019. (mm)
April 11, 2019 Opinion or Order Filing 227 SCHEDULING ORDER: Final Pretrial Conference set for 4/2/2020 02:00 PM before Judge Sarah S. Vance. Jury Trial (3 days) set for 4/13/2020 08:30 AM before Judge Sarah S. Vance. All discovery must be completed by 3/3/2020.. Signed by Judge Sarah S. Vance on 4/11/19. (Attachments: #1 Pretrial Notice Form)(jjs)
April 4, 2019 Opinion or Order Filing 226 ORDER granting #220 Motion for Leave to File Exhibit A Under Seal to Ford Motor Company's Counter-Designations to the Testimony of Matthew Fiye submitted to the Court on April 2, 2019. Signed by Judge Sarah S. Vance on 4/3/2019. (cg)
April 2, 2019 Opinion or Order Filing 225 Brief by Ford Motor Company Counter-Designations to the Testimony of Matthew Fyie taken April 16, 2018 (Attachments: #1 Exhibit A)(Polk, Janika) Modified text on 4/3/2019 (mm).
April 2, 2019 Opinion or Order Filing 224 OBJECTIONS by Ford Motor Company re #212 Brief Objections to Plaintiffs' Page and Line Designations of Matthew Fyie taken April 16, 2018 (Attachments: #1 Exhibit A)(Polk, Janika) Modified text on 4/3/2019 (mm).
April 2, 2019 Opinion or Order Filing 223 Brief by Ford Motor Company Counter-Designations to the Testimony of Matthew Fyie taken February 13, 2018 (Attachments: #1 Exhibit A)(Polk, Janika) Modified text on 4/3/2019 (mm).
April 2, 2019 Opinion or Order Filing 222 Brief by Ford Motor Company Counter-Designations to Deposition Testimony of Matthew Fyie taken October 25, 2018 (Attachments: #1 Exhibit)(Polk, Janika) Modified text on 4/3/2019 (mm).
April 2, 2019 Opinion or Order Filing 221 OBJECTIONS by Ford Motor Company re #211 Brief Plaintiffs' Page and Line Designations of Matthew Fyie taken October 25, 2018 (Polk, Janika) Modified text on 4/3/2019 (mm).
April 2, 2019 Opinion or Order Filing 220 EXPARTE/CONSENT MOTION for Leave to File Deposition and Deposition Exhibits Under Seal by Ford Motor Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Memorandum in Support, #4 Exhibit A, #5 Proposed Pleading, #6 Proposed Order)(Polk, Janika)
April 2, 2019 Opinion or Order Filing 219 OBJECTIONS by Ford Motor Company re #213 Plaintiffs' Page and Line Designations of Mathew Fyie taken February 13, 2018 (Attachments: #1 Exhibit)(Polk, Janika) Modified text on 4/3/2019 (mm).
March 27, 2019 Opinion or Order Filing 218 REPLY in Support to Response to Motion filed by Ford Motor Company re #209 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Wrongful Death Causes of Action Due to Workers' Compensation Immunity. (cg)
March 27, 2019 Opinion or Order Filing 217 ORDER granting #216 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 3/27/2019. (cg)
March 26, 2019 Opinion or Order Filing 216 EXPARTE/CONSENT MOTION for Leave to File Reply 12 (b)(6) Motion to Dismiss Plaintiffs' Wrongful Death Causes of Action Due to Workers' Compensation Immunity by Ford Motor Company. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Ziffer, Lee) Modified text on 3/27/2019 (jeg).
March 20, 2019 Opinion or Order Filing 215 Correction of Docket Entry by Clerk re #214 Reply to Response to Motio.**1. Exhibit A was imaged as 8-1/2" x 14". All documents should be 8-1/2" x 11". Clerk has corrected the image. **2. Filing attorney selected incorrect event. Correct event is Response/Memorandum. Clerk took corrective action by changing the event.** (am)
March 19, 2019 Opinion or Order Filing 214 RESPONSE/MEMORANDUM in Opposition to Motion filed by Keith Michel, Norbert Michel, Vickie Michel re #209 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Wrongful Death Causes of Action Due to Workers' Compensation Immunity . (Attachments: #1 Exhibit A, #2 Exhibit B)(Donahue, Roshawn) (Attachment 1 replaced on 3/20/2019) (am). Modified text on 3/20/2019 (am).
March 19, 2019 Opinion or Order Filing 213 Brief by Keith Michel, Norbert Michel, Vickie Michel Page Line Designation of Deposition of Matthew Fyie Deposition taken February 13, 2018 (Donahue, Roshawn)
March 19, 2019 Opinion or Order Filing 212 Brief by Keith Michel, Norbert Michel, Vickie Michel Page Line Designation of Deposition of Matthew Fyie Deposition taken April 16, 2018 (Donahue, Roshawn)
March 19, 2019 Opinion or Order Filing 211 Brief by Keith Michel, Norbert Michel, Vickie Michel Page Line Designation of Deposition of Matthew Fyie Deposition taken October 25, 2018 (Donahue, Roshawn)
March 19, 2019 Opinion or Order Filing 210 ORDER Scheduling Conference set for 4/11/2019 10:00 AM before case manager by telephone. Signed by Judge Sarah S. Vance on 3/19/19.(jjs)
March 6, 2019 Opinion or Order Filing 209 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Wrongful Death Causes of Action Due to Workers' Compensation Immunity by Ford Motor Company. Motion(s) will be submitted on 3/27/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Ziffer, Lee)
March 1, 2019 Opinion or Order Filing 208 ORDER denying #206 Motion to Strike. Ford's motion is denied per paragraph three of the Court's February 13, 2019 order. No designations responding to counterdesignations shall be permitted to be introduced at trial by either party. Signed by Judge Sarah S. Vance on 3/1/2019. (cg)
February 22, 2019 Opinion or Order Filing 206 MOTION to Strike #198 Memorandum Plaintiff's Untimely Counter Designations to the Deposition Designations of Victor Michel by Ford Motor Company. Motion(s) will be submitted on 3/13/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Polk, Janika)
February 20, 2019 Opinion or Order Filing 205 ORDER AND REASONS regarding #171 Motion to Quash; #194 Motion for Leave to File; and #202 Motion to Strike. For the foregoing reasons, Ford's motion to quash is GRANTED. Plaintiff's motion for leave to designate deposition testimony is GRANTED. Plaintiffs shall submit Mr. Fyie's deposition designations within 30 days. Ford's motion to strike plaintiffs' objections to its counterdesignations is GRANTED. Signed by Judge Sarah S. Vance on 2/20/2019. (cg)
February 20, 2019 Opinion or Order Filing 204 AMENDED COMPLAINT against All Defendants filed by Vickie Michel, Keith Michel, Norbert Michel.(cg)
February 20, 2019 Opinion or Order Filing 203 ORDER AND REASONS granting #174 Motion for Leave to File Amended Complaint. Signed by Judge Sarah S. Vance on 2/20/2019. (cg)
February 13, 2019 Opinion or Order Filing 202 MOTION to Strike #196 Objections Plaintiffs Untimely Memorandum in Support of Unresolved Objections to Ford Motor Companys Counter-Designations to the Testimony of Plaintiff, Victor A. Michel by Ford Motor Company. Motion(s) will be submitted on 3/13/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Polk, Janika)
February 13, 2019 Opinion or Order Filing 201 ORDER - By separate order, the Court will grant plaintiffs' motion to amend their complaint to include employer liability claims, premises liability claims, survival claims, wrongful death claims, and to more clearly allege their strict liability product claims. Ford may file an amended answer in response. Thereafter, no further amendments to pleadings shall be permitted as stated herein. The Court shall hold a scheduling conference to determine a new trial date and to re-set pretrial deadlines. Signed by Judge Sarah S. Vance on 2/13/2019.(cg)
February 13, 2019 Opinion or Order Filing 200 ORDER AND REASONS regarding #139 Motion in Limine; granting #140 Motion in Limine. The Court resolves each party's motions in limine as stated in this order. Signed by Judge Sarah S. Vance on 2/13/2019. (cg)
February 12, 2019 Opinion or Order Filing 207 Minute Entry for proceedings held before Judge Lance M Africk: Settlement Conference held on 2/12/2019. Unfortunately, no resolution could be made at this time. Counsel are to contact the undersigned if an additional conference would be beneficial prior to trial. (blg)
February 12, 2019 Opinion or Order Filing 199 RESPONSE/MEMORANDUM in Opposition filed by Ford Motor Company re #194 MOTION for Leave to File Page and Line Deposition Testimony of Matthew Fyie . (Polk, Janika)
February 12, 2019 Opinion or Order Filing 198 Counter Designations to the Deposition Designations of Victor Michel by Ford Motor Company Filed by Keith Michel, Norbert Michel, Vickie Michel re #157 Counter-Designations (Donahue, Roshawn) Modified text on 2/13/2019 (am).
February 12, 2019 Opinion or Order Filing 197 Second Amended Designation of the Testimony of Victor Michel by Keith Michel, Norbert Michel, Vickie Michel re #131 Amendment/Supplement to Document (Donahue, Roshawn) Modified text on 2/13/2019 (am).
February 12, 2019 Opinion or Order Filing 196 OBJECTIONS by Keith Michel, Norbert Michel, Vickie Michel re #157 Notice (Other) to Counter Designations of Testimony of Victor Michel Filed by Ford Motor Company (Donahue, Roshawn) Modified text on 2/13/2019 (am).
February 12, 2019 Opinion or Order Filing 195 EXPARTE/CONSENT MOTION to Expedite Motion for Leave to designate page and lines designations of deposition testimony of Matthew Fyie by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex)
February 12, 2019 Opinion or Order Filing 194 MOTION for Leave to File Page and Line Deposition Testimony of Matthew Fyie by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 2/27/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission, #4 Proposed Order, #5 Proposed Pleading, #6 Proposed Pleading, #7 Proposed Pleading)(Dunn, Alex) Modified text on 2/13/2019 (am).
February 12, 2019 Opinion or Order Filing 193 REPLY to Response to Motion filed by Ford Motor Company re #171 MOTION to Quash Plaintiffs' Subpoena Issued to Mathew Fyie. (cg)
February 12, 2019 Opinion or Order Filing 192 ORDER granting #184 Motion for Leave to File Reply Memorandum in Support of its Motion to Quash. Signed by Judge Sarah S. Vance on 2/12/2019. (cg)
February 11, 2019 Opinion or Order Filing 191 Proposed Jury Verdict Form by Keith Michel, Norbert Michel, Vickie Michel. (Donahue, Roshawn)
February 11, 2019 Opinion or Order Filing 190 Proposed Jury Verdict Form by Ford Motor Company. (Attachments: #1 Proposed Jury Interrogatories)(Polk, Janika)
February 11, 2019 Opinion or Order Filing 189 Proposed Voir Dire by Keith Michel, Norbert Michel, Vickie Michel. (Donahue, Roshawn)
February 11, 2019 Opinion or Order Filing 188 Final Witness List by Keith Michel, Norbert Michel, Vickie Michel. (Donahue, Roshawn)
February 11, 2019 Opinion or Order Filing 187 Proposed Voir Dire by Ford Motor Company. (Polk, Janika)
February 11, 2019 Opinion or Order Filing 186 Memorandum by Ford Motor Company on Unresolved Objections to Plaintiffs Amended Designation of the Testimony of Victor Michel (Attachments: #1 Exhibit A)(Polk, Janika)
February 11, 2019 Opinion or Order Filing 185 Final Witness List by Ford Motor Company. (Polk, Janika)
February 11, 2019 Opinion or Order Filing 184 EXPARTE/CONSENT MOTION for Leave to File a Reply Memorandum in Support of the Motion to Quash Plaintiffs Subpoena Issued to Matthew Fyie Rec. Doc. 171 by Ford Motor Company. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Polk, Janika) Modified text on 2/12/2019 (am).
February 8, 2019 Opinion or Order Filing 183 ORDER - Settlement Conference set for 2/12/2019 02:30 PM before Judge Lance M Africk. Parties shall comply as stated herein. Signed by Judge Lance M Africk on 2/8/19.(sbs)
February 7, 2019 Opinion or Order Filing 182 ORDER OF PARTIAL DISMISSAL - The Court having been advised by counsel for all parties that they have firmly agreed upon a compromise in this matter with defendant, Cummins, Inc. only; IT IS ORDERED that this action be and it is hereby dismissed as to Cummins, Inc. only, without costs and without prejudice to the right, upon good cause shown, within sixty days, to reopen the action if settlement is not consummated. In addition, the Court specifically retains jurisdiction to enforce the settlement agreement if settlement is not consummated within sixty days. Signed by Judge Sarah S. Vance on 2/7/2019.(cg)
February 7, 2019 Opinion or Order Filing 181 ORDER granting #180 Motion for Leave to File Exhibits Under Seal. Signed by Judge Sarah S. Vance on 2/7/2019. (cg)
February 5, 2019 Opinion or Order Filing 180 EXPARTE/CONSENT MOTION for Leave to File Certain Exhibits L,M,O,P Under Seal by Ford Motor Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Polk, Janika) Modified on 2/6/2019 (am). (Additional attachment(s) added on 2/6/2019: #3 SEALED Exhibit L, #4 SEALED Exhibit M, #5 SEALED Exhibit O, #6 SEALED Exhibit P) (jls).
February 5, 2019 Opinion or Order Filing 179 RESPONSE/MEMORANDUM in Opposition filed by Ford Motor Company re #174 MOTION for Leave to File to File First Supplemental and Amended Complaint . (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)(Polk, Janika)
February 5, 2019 Opinion or Order Filing 178 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #171 MOTION to Quash Plaintiffs' Subpoena Issued to Mathew Fyie . (Donahue, Roshawn)
February 1, 2019 Opinion or Order Filing 177 ORDER granting #172 Motion to Withdraw as Attorney. Attorney Parwana Noorzad terminated. Signed by Judge Sarah S. Vance on 2/1/2019. (cg)
February 1, 2019 Opinion or Order Filing 176 Correction of Docket Entry by Clerk re #175 Exhibit List. **For future filings, please be sure all filings include a signature block.** (am)
January 31, 2019 Opinion or Order Filing 175 Final Exhibit List by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Appendix Expert Reliance Literature)(Donahue, Roshawn)
January 30, 2019 Opinion or Order Filing 174 MOTION for Leave to File to File First Supplemental and Amended Complaint by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 2/13/2019. (Attachments: #1 Statement Statement of Opposition, #2 Memorandum in Support Memorandum in Support of Motion for Leave, #3 Proposed Pleading Proposed Supplemental and Amended Complaint, #4 Notice of Submission, #5 Proposed Order)(Donahue, Roshawn) Modified referral per chambers on 1/31/2019 (cg).
January 30, 2019 Opinion or Order Filing 173 Brief by Ford Motor Company on Unresolved Objections to Exhibits (Attachments: #1 Exhibit A, #2 Exhibit B)(Polk, Janika) Modified text on 1/31/2019 (am).
January 30, 2019 Opinion or Order Filing 172 EXPARTE/CONSENT MOTION to Withdraw Parwana Noorzad Pro Hac Vice as Attorney by Cummins Inc. (Attachments: #1 Proposed Order)(Hart, Joseph)
January 29, 2019 Opinion or Order Filing 171 MOTION to Quash Plaintiffs' Subpoena Issued to Mathew Fyie by Ford Motor Company. Motion(s) will be submitted on 2/13/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission)(Polk, Janika)
January 29, 2019 Opinion or Order Filing 170 **DEFICIENT**MOTION for Leave to File First Supplemental and Amended Complaint by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 2/13/2019. (Attachments: #1 Proposed Pleading Proposed Amended Complaint, #2 Memorandum in Support, #3 Notice of Submission, #4 Proposed Order)(Donahue, Roshawn) Modified text on 1/30/2019 (am).
January 29, 2019 Opinion or Order Filing 169 OBJECTIONS by Ford Motor Company re #147 Proposed Jury Instructions (Ziffer, Lee)
January 29, 2019 Opinion or Order Filing 168 Response/Reply by Keith Michel, Norbert Michel, Vickie Michel to #145 Trial Brief, Response to Defendants' Memorandum Regarding the Applicable Standard of Care and Apportionment of Liability (Attachments: #1 Exhibit A, #2 Exhibit B)(Donahue, Roshawn)
January 29, 2019 Opinion or Order Filing 167 Proposed Jury Instructions by Ford Motor Company. (Ziffer, Lee)
January 29, 2019 Opinion or Order Filing 166 Response/Reply by Ford Motor Company to #148 Trial Brief Response to Plaintiffs' Memorandum Regarding the Applicable Standard of Care and Apportionment of Liability; and Trial Brief Pursuant to the Court's January 22, 2019 Order [R. Doc. 151] Requesting Additional Briefing on the Standard of Care and Apportionment of Fault (Ziffer, Lee)
January 29, 2019 Opinion or Order Filing 165 ORDER denying #158 Motion for Leave to File Excess Pages. Ford's brief exceeding the Court's page limit will not be considered. In light of plaintiffs large number of exhibits, Ford Motor Company may submit a brief of no more than twenty-five (25) pages by 5:00 p.m. on January 30,2019. It is unnecessary for Ford to spend pages explaining plaintiffs' failure to reduce their exhibits. The Court has seen the volume of exhibits that plaintiffs purportedly intend to use. Signed by Judge Sarah S. Vance on 1/29/2019. (cg)
January 29, 2019 Opinion or Order Filing 163 Correction of Docket Entry by Clerk re #159 Brief - Filed in Error. Proposed document is attached to the Motion for Leave. Once Order on Motion is issued, the clerks office will docket the proposed pleading, if granted. No further action is needed. (cg)
January 28, 2019 Opinion or Order Filing 162 MEMORANDUM in Support Regarding Admissibility of Plaintiffs' Exhibits Objected to by Defendant, Ford Motor Company and MEMORANDUM in Objection of Exhibits Sought to be Admitted By Ford Motor Company by Keith Michel, Norbert Michel, Vickie Michel. (Dunn, Alex) Modified text on 1/29/2019 (cg).
January 28, 2019 Opinion or Order Filing 161 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #139 MOTION in Limine of Ford Motor Company. (Donahue, Roshawn)
January 28, 2019 Opinion or Order Filing 160 Final Witness List by Keith Michel, Norbert Michel, Vickie Michel. (Dunn, Alex)
January 28, 2019 Opinion or Order Filing 159 **FILED IN ERROR----Brief by Ford Motor Company Briefing on Unresolved Objections to Exhibits (Attachments: #1 Exhibit A, #2 Exhibit B)(Polk, Janika) Modified on 1/29/2019 (cg).
January 28, 2019 Opinion or Order Filing 158 EXPARTE/CONSENT MOTION for Leave to File Motion to Exceed Page Limitations by Ford Motor Company. (Attachments: #1 Proposed Order, #2 Memorandum in Support #3 Proposed Pleading (Polk, Janika) Modified text on 1/29/2019 (cg).
January 28, 2019 Opinion or Order Filing 157 Counter-Designations to the Testimony of Plaintiff, Victor A. Michel by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Polk, Janika) Modified text on 1/29/2019 (cg).
January 28, 2019 Opinion or Order Filing 156 OBJECTIONS by Ford Motor Company re #131 Amendment/Supplement to Document Amended Designation of the Testimony of Victor Michel (Attachments: #1 Exhibit A)(Polk, Janika)
January 28, 2019 Opinion or Order Filing 155 Second Exhibit List by Ford Motor Company. (Polk, Janika)
January 28, 2019 Opinion or Order Filing 154 RESPONSE/MEMORANDUM in Opposition filed by Ford Motor Company re #140 MOTION in Limine . (Polk, Janika)
January 25, 2019 Opinion or Order Filing 164 MINUTE ENTRY for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 1/25/2019. Negotiations were successful and a settlement was reached between plaintiff and defendant Cummins Inc. Therefore, the #153 Settlement Conference set for 1/30/2019 is CANCELLED. (Court Reporter Sandra Minutillo.)(NEF: Sect. R) (mp)
January 24, 2019 Opinion or Order Filing 153 MINUTE ENTRY AND ORDER for proceedings held before Chief Magistrate Judge Karen Wells Roby: Continued settlement discussions held on 1/24/2019. The parties were unable to reach a settlement. However, negotiations are ongoing. IT IS ORDERED that another Settlement Conference is set for 1/30/2019 at 9:00 AM before Chief Magistrate Judge Karen Wells Roby. All counsel are to have access to someone with full authority. (NEF: Sect. R) (mp)
January 23, 2019 Opinion or Order Filing 152 Minute Entry for proceedings held before Judge Sarah S. Vance: Final Pretrial Conference held on 1/23/2019. TRIAL PREPARATION AND PROCEDURES (JURY TRIAL) (cg)
January 22, 2019 Opinion or Order Filing 151 ORDER - Defendants' memorandum on the applicable standard of care and apportionment of liability does not address the strict liability claims that plaintiffs seek to include in their amended complaint on the grounds that plaintiffs' motion to amend is untimely and the claims were not included in the original petition for damages. In order to avoid a delay of the proceedings in this matter while the Court considers whether plaintiffs adequately pleaded a basis for strict liability or may amend to do so, defendants are ordered to brief all strict liability issues on the merits in their responses due at 5:00pm on January 29, 2019, including whether strict liability affects how fault is apportioned. Signed by Judge Sarah S. Vance on 1/22/2019.(cg)
January 22, 2019 Opinion or Order Filing 150 Correction of Docket Entry by Clerk re #141 MOTION for Leave to File First Supplemental and Amended Complaint.**This is a duplicate filing of document142 and will be noted as such. No further action is necessary.** (am)
January 22, 2019 Opinion or Order Filing 149 Correction of Docket Entry by Clerk re #139 MOTION in Limine .**Exhibits on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper. Clerk has reduced images. No further action needed.** (am)
January 22, 2019 Opinion or Order Filing 148 TRIAL BRIEF Regarding Standard of Care and Apportionment of Fault by Keith Michel, Norbert Michel, Vickie Michel. (Donahue, Roshawn)
January 22, 2019 Opinion or Order Filing 147 Proposed Jury Instructions by Keith Michel, Norbert Michel, Vickie Michel. (Donahue, Roshawn)
January 22, 2019 Opinion or Order Filing 146 Proposed Jury Instructions by Cummins Inc, Ford Motor Company. (Ziffer, Lee)
January 22, 2019 Opinion or Order Filing 145 TRIAL BRIEF Regarding Standard of Care and Fault Apportionment by Cummins Inc, Ford Motor Company. (Attachments: #1 Exhibit Selikoff Partnership for Prevention, #2 Exhibit Pierce Report, #3 Exhibit Hollins Report, #4 Exhibit Pierce et al 2008, #5 Exhibit Pierce et al. 2016, #6 Exhibit Burst v Shell Oil Co)(Ziffer, Lee)
January 21, 2019 Opinion or Order Filing 144 EXPARTE/CONSENT MOTION to Expedite Consideration of Defendants' Motion to Strike Plaintiffs' Amended Designation of the Testimony of Victor Michel by Cummins Inc, Ford Motor Company. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Hart, Joseph)
January 21, 2019 Opinion or Order Filing 143 MOTION to Strike #131 Amendment/Supplement to Document by Cummins Inc, Ford Motor Company. Motion(s) will be submitted on 2/13/2019. (Attachments: #1 Notice of Submission, #2 Memorandum in Support)(Hart, Joseph) Modified text on 1/22/2019 (am).
January 21, 2019 Opinion or Order Filing 142 **DEFICIENT** MOTION for Leave to File First Supplemental and Amended Complaint by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 2/13/2019. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit A, #5 Proposed Pleading First Supplemental and Amended Complaint)(Donahue, Roshawn) Modified text on 1/22/2019 (am).
January 21, 2019 Opinion or Order Filing 141 **FILED IN ERROR - SEE REC. DOC 142** MOTION for Leave to File First Supplemental and Amended Complaint by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 2/13/2019. (Attachments: #1 Exhibit A, #2 Memorandum in Support, #3 Notice of Submission)(Donahue, Roshawn) Modified text on 1/22/2019 (am).
January 20, 2019 Opinion or Order Filing 140 MOTION in Limine by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 2/13/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Donahue, Roshawn) Modified text on 1/22/2019 (am).
January 18, 2019 Opinion or Order Filing 139 MOTION in Limine by Cummins Inc, Ford Motor Company. Motion(s) will be submitted on 2/13/2019. (Attachments: #1 Memorandum in Support, #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 Notice of Submission)(Polk, Janika) (Attachment 2-5 replaced on 1/22/2019) (am). Modified text on 1/22/2019 (am).
January 18, 2019 Opinion or Order Filing 138 ORDER GRANTING #135 Motion to Appear Pro Hac Vice as to Parwana Noorzad. Signed by Judge Sarah S. Vance on 1/18/2019. (Attachments: #1 Notice Pro Have Vice Attorney) (mmv)
January 18, 2019 Opinion or Order Filing 137 Correction of Docket Entry by Clerk re #134 Pretrial Memorandum.**Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s). Also, filing attorney selected incorrect event. Correct event is Proposed Pretrial Order. Clerk took corrective action by changing the event.** (am)
January 17, 2019 Opinion or Order Filing 136 ORDER granting #133 Motion to Enroll as Counsel of Record for Attorney Roshawn H. Donahue for Keith Michel, Norbert Michel, and Vickie Michel. Signed by Judge Sarah S. Vance on 1/17/2019. (cg)
January 17, 2019 Opinion or Order Filing 135 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Parwana Noorzad (Filing fee $ 100 receipt number 053L-7367571) by Cummins Inc. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Certificate, #4 Attorney Registration Form)(Hart, Joseph)
January 17, 2019 Opinion or Order Filing 134 JOINT PROPOSED PRETRIAL ORDER by Keith Michel, Norbert Michel, Vickie Michel, Cummins Inc, Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Donahue, Roshawn) Modified text on 1/18/2019 (am).
January 16, 2019 Opinion or Order Filing 133 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Roshawn H. Donahue by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex) Modified text on 1/17/2019 (am).
January 15, 2019 Opinion or Order Filing 132 ORDER granting #129 Motion to Appear Pro Hac Vice as to Jason John Steinmeyer. Signed by Judge Sarah S. Vance on 01/15/2019. (Attachments: #1 Pro Hac Vice Notice) (am)
January 14, 2019 Opinion or Order Filing 131 Amendment/Supplement to Document by All Plaintiffs Designation of Deposition Testimony of Victor Michel (Donahue, Roshawn)
January 14, 2019 Opinion or Order Filing 130 JURY CHARGE ORDER - In advance of the pre-trial conference in this case, in addition to the requirements of the standard pretrial order, the Court orders that each side shall submit to the Court a brief of no more than twenty (20) pages on the applicable standard of care and apportionment of liability in the case. The parties shall also submit their proposed jury charges. Both of these documents shall be filed by 9:00am on January 22, 2019 with any responses due by 5:00pm on January 29, 2019. Signed by Judge Sarah S. Vance on 1/14/2019.(cg)
January 14, 2019 Opinion or Order Filing 129 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jason Steinmeyer (Filing fee $ 100 receipt number 053L-7357795) by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Affidavit, #2 Certificate of Good Standing State of Missouri, #3 ECF Attorney Registration Form, #4 Proposed Order)(Dunn, Alex) Modified text on 1/15/2019 (am).
January 10, 2019 Opinion or Order Filing 128 Amended Exhibit List by Ford Motor Company. (Polk, Janika)
January 10, 2019 Opinion or Order Filing 127 Amended Exhibit List by Keith Michel, Norbert Michel, Vickie Michel. (Donahue, Roshawn) Modified text on 1/11/2019 (am).
January 7, 2019 Opinion or Order Filing 126 MINUTE ENTRY for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 1/7/2019. Negotiations were unsuccessful and a settlement was not reached. (NEF: Sect. R) (mp)
January 7, 2019 Opinion or Order Filing 125 ORDER AND REASONS: For the foregoing reasons, defendants' #70 motion for summary judgment is DENIED. Signed by Judge Sarah S. Vance on 1/7/2019. (mmv)
January 7, 2019 Opinion or Order Filing 124 ORDER: For the foregoing reasons, defendants' #67 , #68 , #69 motions to exclude or limit Dr. Brent Staggs' testimony, Dr. Murray Finkelstein's testimony, and Christopher Depasquale's testimony are DENIED. Signed by Judge Sarah S. Vance on 1/7/2019. (mmv)
January 4, 2019 Opinion or Order Filing 123 ORDER granting #122 Motion to Appear Pro Hac Vice as to William L. Mennucci. Signed by Judge Sarah S. Vance on 01/04/2019. (Attachments: #1 Pro Hac Vice Notice) (am)
January 3, 2019 Opinion or Order Filing 122 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice William L. Mennucci (Filing fee $ 100 receipt number 053L-7335910) by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Barlow, Amber)
January 2, 2019 Opinion or Order Filing 121 Witness List by Ford Motor Company. (Polk, Janika)
January 2, 2019 Opinion or Order Filing 120 Exhibit List by Ford Motor Company. (Polk, Janika)
January 2, 2019 Opinion or Order Filing 119 Exhibit List by Cummins Inc. (Hart, Joseph)
January 2, 2019 Opinion or Order Filing 118 Witness List by Cummins Inc. (Hart, Joseph)
January 2, 2019 Opinion or Order Filing 117 Witness List by Keith Michel, Norbert Michel, Vickie Michel. (Donahue, Roshawn)
January 2, 2019 Opinion or Order Filing 116 Exhibit List by Keith Michel, Norbert Michel, Vickie Michel. (Donahue, Roshawn)
December 28, 2018 Opinion or Order Filing 115 ORDER AND REASONS granting #66 Motion to Exclude Dr. Brody and Dr. Castleman's expert testimony; denying #82 Motion to Amend/Correct the Court's scheduling order. Signed by Judge Sarah S. Vance on 12/28/2018. (cg)
December 27, 2018 Opinion or Order Filing 114 Correction of Docket Entry by Clerk re #112 Order on Motion to Strike, Order on Motion to Amend/Correct.**The order only addressed the denial of Doc. 80. Motion to amend/Correct Scheduling Order remains open for ruling re: Doc. 82.** (am)
December 27, 2018 Opinion or Order Filing 113 ORDER - Because January 21, 2019 is a federal holiday, IT IS ORDERED that the Final Pretrial Conference is this matter set for January 21, 2019 is hereby CONTINUED AND RESET to be held on TUESDAY, JANUARY 22, 2019, at 2:00 p.m. in the chambers of District Judge Sarah S. Vance. All other aspects of the scheduling order remain in full force and effect.. Signed by Judge Sarah S. Vance on 12/27/18.(jjs)
December 27, 2018 Opinion or Order Filing 112 ORDER AND REASONS denying #80 Motion to Strike, as set forth in document. Signed by Judge Sarah S. Vance on 12/27/2018. (am) Modified text on 12/27/2018 (am).
December 21, 2018 Opinion or Order Filing 111 RESPONSE/MEMORANDUM in Opposition filed by Cummins Inc, Ford Motor Company re #99 MOTION for Extension of Time to File Oppositions . (Polk, Janika)
December 19, 2018 Opinion or Order Filing 110 REPLY to Response to Motion filed by Cummins Inc, Ford Motor Company re #80 MOTION to Strike Plaintiffs Untimely Oppositions to Defendants Motions to Exclude Expert Testimony and Joint Motion for Summary Judgment and Plaintiffs Motion to Amend Scheduling Order. (am)
December 19, 2018 Opinion or Order Filing 109 ORDER granting #107 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 12/19/2018. (am)
December 19, 2018 Opinion or Order Filing 108 Correction of Docket Entry by Clerk re #107 MOTION for Leave to File Reply. **The title of the attached proposed order should not include the word Proposed but only reflect Order on the actual document.** (am)
December 18, 2018 Opinion or Order Filing 107 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Defendants' Motion to Strike Plaintiffs' Untimely Oppositions to Defendants' Motions to Exclude Expert Testimony and Joint Motion for Summary Judgment and Plaintiffs' Motion to Amend Scheduling Order by Cummins Inc, Ford Motor Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Polk, Janika)
December 18, 2018 Opinion or Order Filing 106 SETTLEMENT CONFERENCE ORDER: IT IS ORDERED that the Settlement Conference is RESET for 1/7/2019 at 10:00 AM before Chief Magistrate Judge Karen Wells Roby. ALL LEAD COUNSEL ARE ORDERED TO APPEAR AND ARE TO HAVE ACCESS TO SOMEONE WITH FULL AUTHORITY. Signed by Magistrate Judge Karen Wells Roby.(mp)
December 18, 2018 Opinion or Order Filing 105 ORDER granting #103 Motion to Dismiss Party. Party Genuine Parts Company dismissed with prejudice. Signed by Judge Sarah S. Vance on 12/18/2018. (am)
December 18, 2018 Opinion or Order Filing 104 Correction of Docket Entry by Clerk re #103 Joint MOTION to Dismiss Party Genuine Parts Company.**Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (am)
December 17, 2018 Opinion or Order Filing 103 EXPARTE/CONSENT Joint MOTION to Dismiss Party Genuine Parts Company by Genuine Parts Company, Norbert Michel, Keith Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Puente-Martin, Magali) Modified text on 12/18/2018 (am).
December 11, 2018 Opinion or Order Filing 102 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #80 MOTION to Strike Plaintiffs Untimely Oppositions to Defendants Motions to Exclude Expert Testimony and Joint Motion for Summary Judgment and Plaintiffs Motion to Amend Scheduling Order . (Attachments: #1 Exhibit)(Donahue, Roshawn)
December 11, 2018 Opinion or Order Filing 101 RESPONSE/MEMORANDUM in Opposition filed by Cummins Inc, Ford Motor Company re #82 MOTION to Amend/Correct #53 Scheduling Order,, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Polk, Janika)
December 11, 2018 Opinion or Order Filing 100 Correction of Docket Entry by Clerk re #99 MOTION for Extension of Time to File Oppositions.**Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (am)
December 10, 2018 Opinion or Order Filing 99 MOTION for Extension of Time to File Oppositons by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 1/2/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Dunn, Alex) Modified text on 12/11/2018 (am).
December 7, 2018 Opinion or Order Filing 98 SETTLEMENT CONFERENCE ORDER: Due to a conflict on the Court's calendar, the #58 Settlement Conference presently set for 12/14/2018 is CANCELLED to be reset. Signed by Magistrate Judge Karen Wells Roby on December 6, 2018.(mp)
December 5, 2018 Opinion or Order Filing 97 REPLY to Response to Motion filed by Cummins Inc, Ford Motor Company re #69 MOTION to Exclude Christopher Depasquale's Testimony at Trial. (am)
December 5, 2018 Opinion or Order Filing 96 ORDER granting #87 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 12/05/2018. (am)
December 5, 2018 Opinion or Order Filing 95 REPLY to Response to Motion filed by Cummins Inc, Ford Motor Company re #70 Joint MOTION for Summary Judgment . (Attachments: #1 Exhibit)(am)
December 5, 2018 Opinion or Order Filing 94 ORDER granting #86 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 12/05/2018. (am)
December 5, 2018 Opinion or Order Filing 93 REPLY to Response to Motion filed by Cummins Inc, Ford Motor Company re #67 MOTION to Exclude or, in the Alternative, Limit Dr. Brent Staggs Testimony at Trial. (am) (Additional attachment(s) added on 12/5/2018: #1 Exhibit A) (am).
December 5, 2018 Opinion or Order Filing 92 ORDER granting #85 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 12/05/2018. (am)
December 5, 2018 Opinion or Order Filing 91 REPLY to Response to Motion filed by Cummins Inc, Ford Motor Company re #68 MOTION to Exclude or, in the Alternative, Limit Dr. Murray Finkelsteins Testimony at Trial. (am) (Additional attachment(s) added on 12/5/2018: #1 Exhibit A, #2 Exhibit B) (am).
December 5, 2018 Opinion or Order Filing 90 ORDER granting #84 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 12/05/2018. (am)
December 5, 2018 Opinion or Order Filing 89 REPLY to Response to Motion filed by Cummins Inc, Ford Motor Company re #66 MOTION to Exclude Plaintiffs' Expert Witnesses, Dr. Arnold Brody and Dr. Barry Castleman. (am)
December 5, 2018 Opinion or Order Filing 88 ORDER granting #83 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 12/05/2018. (am)
December 4, 2018 Opinion or Order Filing 87 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Defendants' Daubert Motion to Exclude Christopher Depasquale's Testimony at Trial by Cummins Inc, Ford Motor Company. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Hart, Joseph)
December 4, 2018 Opinion or Order Filing 86 EXPARTE/CONSENT MOTION for Leave to File to File Reply in Support of Defendants' Joint Motion for Summary Judgment by Cummins Inc, Ford Motor Company. (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Exhibit)(Hart, Joseph)
December 4, 2018 Opinion or Order Filing 85 EXPARTE/CONSENT MOTION for Leave to File a Reply in Support of their Motion to Exclude or, in the Alternative, Limit Dr. Brent Staggs Testimony at Trial by Cummins Inc, Ford Motor Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A)(Ziffer, Lee)
December 4, 2018 Opinion or Order Filing 84 EXPARTE/CONSENT MOTION for Leave to File a Reply in Support of their Motion to Exclude or, in the Alternative, Limit Dr. Murray Finkelsteins Testimony at Trial by Cummins Inc, Ford Motor Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A, #4 Exhibit B)(Ziffer, Lee)
December 4, 2018 Opinion or Order Filing 83 EXPARTE/CONSENT MOTION for Leave to File a Reply Memorandum in Support of their Motion to Exclude Plaintiffs Expert Witnesses, Dr. Arnold Brody and Dr. Barry Castleman by Cummins Inc, Ford Motor Company. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Ziffer, Lee)
November 30, 2018 Opinion or Order Filing 82 MOTION to Amend/Correct #53 Scheduling Order,, by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 12/19/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit 1, #5 Exhibit 2)(Dunn, Alex)
November 30, 2018 Opinion or Order Filing 81 **DEFICIENT**EXPARTE/CONSENT MOTION to Amend/Correct #53 Scheduling Order, by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit, #4 Exhibit)(Dunn, Alex) Modified text on 11/30/2018 (am).
November 29, 2018 Opinion or Order Filing 80 MOTION to Strike Plaintiffs Untimely Oppositions to Defendants Motions to Exclude Expert Testimony and Joint Motion for Summary Judgment and Plaintiffs Motion to Amend Scheduling Order by Cummins Inc, Ford Motor Company. Motion(s) will be submitted on 12/19/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Polk, Janika) Modified text on 11/30/2018 (am).
November 29, 2018 Opinion or Order Filing 79 Correction of Docket Entry by Clerk re #73 Response/Memorandum in Opposition to Motion, #75 MOTION to Amend/Correct #53 Scheduling Order,, , #76 Response/Memorandum in Opposition to Motion, #74 Response/Memorandum in Opposition to Motion.**Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Also, filing attorney incorrectly selected Victor Michel as a filer(s). Correct filers are Keith Michel, Norbert Michel, Vickie Michel. Clerk took corrective action.** (am)
November 29, 2018 Opinion or Order Filing 78 Correction of Docket Entry by Clerk re #73 Response/Memorandum in Opposition to Motion, #76 Response/Memorandum in Opposition to Motion, #72 Response/Memorandum in Opposition to Motion,, #74 Response/Memorandum in Opposition to Motion.**Filing attorney incorrectly selected Victor Michel as a filer(s). Correct filers are Keith Michel, Norbert Michel, Vickie Michel. Clerk took corrective action.** (am)
November 28, 2018 Opinion or Order Filing 77 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #70 Joint MOTION for Summary Judgment . (Attachments: #1 Exhibit A -Victor Michel SSPO, #2 Exhibit B- Pathology Report, #3 Exhibit C - Finkelstein Report, #4 Exhibit D -Staggs Report, #5 Exhibit E - Depasquale Report, #6 Exhibit F - Victor Michel Deposition, #7 Exhibit G - 20 US Code 3601, #8 Exhibit H - OSHA Bulletin, #9 Exhibit I - Onan MSDS, #10 Exhibit J - Finkelstein Deposition, #11 Exhibit K - Staggs Deposition, #12 Exhibit L - Depasquale Deposition, #13 Exhibit M - Castleman Report, #14 Exhibit N - Brody Report, #15 Statement of Contested/Uncontested Facts)(Dunn, Alex) Modified text on 11/29/2018 (am).
November 28, 2018 Opinion or Order Filing 76 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #66 MOTION to Exclude Plaintiffs' Expert Witnesses, Dr. Arnold Brody and Dr. Barry Castleman . (Attachments: #1 Exhibit A Plaintiff's Preliminary Witness List, #2 Exhibit B Castleman Report, CV & Trial List, #3 Exhibit C Brody Report & CV)(Dunn, Alex) Modified text on 11/29/2018 (am).
November 28, 2018 Opinion or Order Filing 75 **DEFICIENT**EXPARTE/CONSENT MOTION to Amend/Correct #53 Scheduling Order, by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Exhibit 1 Castleman Report, #2 Exhibit 2 Brody Report, #3 Proposed Order)(Dunn, Alex) Modified text on 11/29/2018 (am).
November 28, 2018 Opinion or Order Filing 74 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #69 MOTION to Exclude Christopher Depasquale's Testimony at Trial . (Attachments: #1 Exhibit A - Depasquale Depo, #2 Exhibit B - Depasquale Report)(Dunn, Alex) Modified text on 11/29/2018 (am).
November 28, 2018 Opinion or Order Filing 73 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #67 MOTION to Exclude or, in the Alternative, Limit Dr. Brent Staggs Testimony at Trial . (Attachments: #1 Affidavit 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)(Dunn, Alex) Modified text on 11/29/2018 (am).
November 28, 2018 Opinion or Order Filing 72 RESPONSE/MEMORANDUM in Opposition filed by Keith Michel, Norbert Michel, Vickie Michel re #68 MOTION to Exclude or, in the Alternative, Limit Dr. Murray Finkelsteins Testimony at Trial . (Attachments: #1 Exhibit Victor Michel's SSPO, #2 Affidavit Dr. Finkelstein's Affidavit, #3 Exhibit Sahmel Article, #4 Exhibit Bernstein Article, #5 Exhibit Dr. Finkelstein's Deposition, #6 Exhibit Dodson Article, #7 Exhibit Ford Document)(Dunn, Alex) Modified text on 11/29/2018 (am).
November 28, 2018 Opinion or Order Filing 71 ORDER denying Oral Argument - IT IS ORDERED that the Ford Motor Company's motions to either exclude or limit either expert witnesses or trial testimony will be considered on the briefs without oral argument or evidentiary hearing. Signed by Judge Sarah S. Vance on 11/28/2018.(cg)
November 20, 2018 Opinion or Order Filing 70 Joint MOTION for Summary Judgment by Cummins Inc, Ford Motor Company. Motion(s) will be submitted on 12/5/2018. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I)(Hart, Joseph)
November 20, 2018 Opinion or Order Filing 69 MOTION to Exclude Christopher Depasquale's Testimony at Trial by Cummins Inc, Ford Motor Company. Motion(s) will be submitted on 12/5/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Notice of Submission)(Hart, Joseph)
November 20, 2018 Opinion or Order Filing 68 MOTION to Exclude or, in the Alternative, Limit Dr. Murray Finkelsteins Testimony at Trial by Cummins Inc, Ford Motor Company. Motion(s) will be submitted on 12/5/2018. (Attachments: #1 Memorandum in Support, #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 Notice of Submission)(Ziffer, Lee)
November 20, 2018 Opinion or Order Filing 67 MOTION to Exclude or, in the Alternative, Limit Dr. Brent Staggs Testimony at Trial by Cummins Inc, Ford Motor Company. Motion(s) will be submitted on 12/5/2018. (Attachments: #1 Memorandum in Support, #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 Notice of Submission)(Ziffer, Lee)
November 20, 2018 Opinion or Order Filing 66 MOTION to Exclude Plaintiffs' Expert Witnesses, Dr. Arnold Brody and Dr. Barry Castleman by Cummins Inc, Ford Motor Company. Motion(s) will be submitted on 12/5/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)(Ziffer, Lee)
October 30, 2018 Opinion or Order Filing 65 ORDER granting #64 Motion to Dismiss Party. Party Crown Cork & Seal USA, Inc. dismissed, without prejudice. Signed by Judge Sarah S. Vance on 10/30/2018. (mm)
October 29, 2018 Opinion or Order Filing 64 EXPARTE/CONSENT MOTION to Dismiss Party Crown, Cork & Seal by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex)
October 24, 2018 Opinion or Order Filing 63 ORDER granting #61 Motion to Dismiss Party. Party General Electric Company dismissed. Signed by Judge Sarah S. Vance on 10/24/2018. (am)
October 24, 2018 Opinion or Order Filing 62 ORDER granting #60 Motion to Appear Pro Hac Vice as to Christopher Thomas Layloff. Signed by Judge Sarah S. Vance on 10/24/2018. (Attachments: #1 Pro Hac Vice Notice) (am)
October 23, 2018 Opinion or Order Filing 61 EXPARTE/CONSENT MOTION to Dismiss Party General Electric by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex)
October 23, 2018 Opinion or Order Filing 60 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Christopher Layloff (Fee previously paid) by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Certificate of Good Standing State of Illinois, #4 ECF Attorney Registration Form)(Dunn, Alex)
October 22, 2018 Opinion or Order Filing 59 **DEFICIENT**EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Christopher Layloff (Filing fee $ 100 receipt number 053L-7184579) by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Affidavit, #2 Certificate of Good Standing State of Illinois, #3 ECF Attorney Registration Form)(Dunn, Alex) Modified text on 10/23/2018 (am).
October 11, 2018 Opinion or Order Filing 58 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 12/14/2018 at 10:00 AM before Chief Magistrate Judge Karen Wells Roby. All lead counsel are ordered to appear. Signed by Magistrate Judge Karen Wells Roby.(mp)
October 1, 2018 Opinion or Order Filing 57 ORDER granting #56 Motion to Appear Pro Hac Vice as to Terrence M.R. Zic. Signed by Judge Sarah S. Vance on 10/01/2018. (Attachments: #1 PHV Notice) (am)
September 28, 2018 Opinion or Order Filing 56 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Terrence M.R. Zic (Filing fee $ 100 receipt number 053L-7144167) by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Barlow, Amber)
September 18, 2018 Opinion or Order Filing 55 MINUTE ENTRY for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 9/18/2018. The parties have a pending partial settlement as to Aurora Pump Company and Pneumo Abex Corporation. The parties were unable to reach a settlement as to Ford Motor Company, Crown Cork & Seal USA, Inc., General Electric Company and Cummins. However, negotiations are ongoing and the Court will set an additional settlement conference date. (NEF: Sec. R) (mp)
September 14, 2018 Opinion or Order Filing 54 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 9/18/2018 at 2:00 PM before Chief Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby on September 13, 2018.(mp)
September 7, 2018 Opinion or Order Filing 53 SCHEDULING ORDER: Parties met with the Court at a Preliminary Conference held 9/6/18. Depositions of the listed persons/entities must be taken by 11/6/18. Final Pretrial Conference set for 1/21/2019 02:00 PM before Judge Sarah S. Vance. Jury Trial (5 days) set for 2/19/2019 08:30 AM before Judge Sarah S. Vance. See order for further details regarding the filing of motions, witness and exhibit lists, and other pretrial practices. Signed by Judge Sarah S. Vance on 9/7/18. (Attachments: #1 Pretrial Notice Form)(jjs)
September 6, 2018 Opinion or Order Filing 52 ORDER granting #42 Motion to Dismiss Party. IT IS HEREBY ORDERED that the claims of Plaintiffs, Norbert Michel, Vickie Michel and Keith Michel, brought against Crane Co. be dismissed, without prejudice, and with each party to bear its own costs, specifically reserving to Plaintiffs all rights to prosecute claims and/or actions against all other defendants, third parties, solidary obligors and other persons and/or entities whether named or unnamed in the captioned matter. Signed by Judge Sarah S. Vance on 9/6/2018. (cg)
September 6, 2018 Opinion or Order Filing 51 ORDER granting #41 Motion to Dismiss Party. IT IS HEREBY ORDERED that the claims of Plaintiffs, Norbert Michel, Vickie Michel and Keith Michel, brought against Union Carbide Corporation be dismissed, without prejudice, and with each party to bear its own costs, specifically reserving to Plaintiffs all rights to prosecute claims and/or actions against all other defendants, third parties, solidary obligors and other persons and/or entities whether named or unnamed in the captioned matter. Signed by Judge Sarah S. Vance on 9/6/2018. (cg)
September 6, 2018 Opinion or Order Filing 50 ORDER granting #40 Motion to Dismiss Party. All claims of Plaintiff Victor Michel, against Defendant Taylor-Seidenbach, Inc. be and are hereby dismissed, with prejudice, reserving to Plaintiff all rights against other parties, named or unnamed, each party to bear its own costs. Signed by Judge Sarah S. Vance on 9/6/2018. (cg)
September 6, 2018 Opinion or Order Filing 49 ORDER granting #39 Motion to Dismiss Party. IT IS HEREBY ORDERED that the claims of Plaintiffs, Norbert Michel, Vickie Michel and Keith Michel, brought against Metropolitan Life Insurance Company be dismissed, without prejudice, and with each party to bear its own costs, specifically reserving to Plaintiffs all rights to prosecute claims and/or actions against all other defendants, third parties, solidary obligors and other persons and/or entities whether named or unnamed in the captioned matter. Signed by Judge Sarah S. Vance on 9/6/2018. (cg)
September 6, 2018 Opinion or Order Filing 48 ORDER granting #38 Motion to Dismiss Party. IT IS HEREBY ORDERED that the claims of Plaintiffs, Norbert Michel, Vickie Michel and Keith Michel, brought against CertainTeed Corporation be dismissed, without prejudice, and with each party to bear its own costs, specifically reserving to Plaintiffs all rights to prosecute claims and/or actions against all other defendants, third parties, solidary obligors and other persons and/or entities whether named or unnamed in the captioned matter. Signed by Judge Sarah S. Vance on 9/6/2018. (cg)
September 6, 2018 Opinion or Order Filing 47 ORDER granting #37 Motion to Dismiss Party. IT IS HEREBY ORDERED that the claims of Plaintiffs, Norbert Michel, Vickie Michel and Keith Michel, brought against Honeywell International Inc. be dismissed, without prejudice, and with each party to bear its own costs, specifically reserving to Plaintiffs all rights to prosecute claims and/or actions against all other defendants, third parties, solidary obligors and other persons and/or entities whether named or unnamed in the captioned matter. Signed by Judge Sarah S. Vance on 9/6/2018. (cg)
September 6, 2018 Opinion or Order Filing 46 Statement of Corporate Disclosure by Ford Motor Company (Ziffer, Lee)
September 6, 2018 Opinion or Order Filing 45 Statement of Corporate Disclosure by General Electric Company (Bowlin, Angela)
September 6, 2018 Opinion or Order Filing 44 Correction of Docket Entry by Clerk re #38 MOTION to Dismiss Party CertainTeed . **Filing attorney did not include a clear copy of the proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion.** (am)
September 6, 2018 Opinion or Order Filing 43 Correction of Docket Entry by Clerk re #40 Joint MOTION to Dismiss Party Taylor-Seidenbach .**Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and remove submission date. Also, filing attorney incorrectly named and selected Victor Michel, a terminated party, as a filer. For all future filings, please be sure to name and select correct parties.** (am)
September 5, 2018 Opinion or Order Filing 42 EXPARTE/CONSENT MOTION to Dismiss Party Crane Co. by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex)
September 5, 2018 Opinion or Order Filing 41 EXPARTE/CONSENT MOTION to Dismiss Party Union Carbide by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex)
September 5, 2018 Opinion or Order Filing 40 EXPARTE/CONSENT Joint MOTION to Dismiss Party Taylor-Seidenbach by Victor Michel, Taylor-Seidenbach. (Attachments: #1 Proposed Order)(Dunn, Alex) Modified text on 9/6/2018 (am).
September 5, 2018 Opinion or Order Filing 39 EXPARTE/CONSENT MOTION to Dismiss Party Metropolitan Life by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex)
September 5, 2018 Opinion or Order Filing 38 EXPARTE/CONSENT MOTION to Dismiss Party CertainTeed by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex) (Attachment 1 replaced on 9/6/2018) (am).
September 5, 2018 Opinion or Order Filing 37 EXPARTE/CONSENT MOTION to Dismiss Party Honeywell International by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order)(Dunn, Alex) Modified text on 9/5/2018 (am).
September 4, 2018 Opinion or Order Filing 36 STATUS REPORT by Norbert Michel, Keith Michel, and Vickie Michel and by Aurora Pump Company, Borg-Warner Morse Tec LLC, Certain-Teed Corporation, Crane Company, Crown Cork & Seal USA, Inc., Cummins Inc, Dana Companies LLC, Ford Motor Company, General Electric Company, Honeywell International, Inc.(as successor-in-interest to Allied Chemical Corporation), Honeywell International, Inc.(in its capacity as successor to Bendix and successor in Interest to AlliedSignal, Inc.), Honeywell International, Inc.(in its capacity as Honeywell, Inc), Metropolitan Life Insurance Company, Pneumo Abex Corporation, Taylor Seidenbach, Inc., Union Carbide Coporation, United Auto Supply Of Syracuse, Inc (Polk, Janika) Modified text on 9/4/2018 (am).
August 28, 2018 Opinion or Order Filing 35 ORDER IN ADVANCE OF PRELIMINARY CONFERENCE - The Court will hold a preliminary conference in chambers on September 6, 2018 at 2:30 pm. The parties are to submit a joint status report to the Court, which must identify the parties that remain in the case. It is the Court's understanding from the parties' earlier motions that discovery was concluded in state court. The parties report must therefore advise the Court of any matters that must be addressed at the conference other than setting the date for dispositive motions, non-expert motions in limine, the pretrial conference, and trial. This report is due by Tuesday, September 4, 2018. Signed by Judge Sarah S. Vance on 8/28/2018.(cg)
August 28, 2018 Opinion or Order Filing 34 ORDER AND REASONS denying #28 Motion to Remand to State Court. Signed by Judge Sarah S. Vance on 8/28/2018. (cg)
August 8, 2018 Opinion or Order Filing 33 Correction of Docket Entry by Clerk re #32 Response/Memorandum in Opposition to Motion. **Exhibits on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper. Clerk has reduced images. No further action needed.** (am)
August 7, 2018 Opinion or Order Filing 32 RESPONSE/MEMORANDUM in Opposition filed by Cummins Inc re #28 MOTION to Remand to State Court . (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)(Hart, Joseph) (Attachment 5 replaced on 8/8/2018) (am). (Attachment 6 replaced on 8/8/2018) (am). (Attachment 7 replaced on 8/8/2018) (am). (Attachment 8 replaced on 8/8/2018) (am).
August 1, 2018 Opinion or Order Filing 31 ORDER - the preliminary conference set for August 9, 2018 is hereby CONTINUED AND RESET to be held IN PERSON before District Judge Sarah S. Vance in the Judge's Chambers, Room C255, 500 Poydras Street in New Orleans on THURSDAY, SEPTEMBER 6, 2018 at 2:30 p.m. The purpose of the conference is to schedule a pre-trial conference and trial on the merits, and for a discussion of the status of the case and discovery deadlines. A written report outlining a proposed discovery plan shall be filed into the record no later than three business days before the date of the conference. Signed by Judge Sarah S. Vance on 8/1/18.(jjs)
July 31, 2018 Opinion or Order Filing 30 Correction of Docket Entry by Clerk re #29 MOTION to Continue Preliminary Conference. **Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and remove submission date.** (am)
July 30, 2018 Opinion or Order Filing 29 EXPARTE/CONSENT MOTION to Continue Preliminary Conference by Keith Michel, Norbert Michel, Vickie Michel. (Attachments: #1 Proposed Order, #2 Notice of Submission)(Dunn, Alex) Modified text on 7/31/2018 (am).
July 24, 2018 Opinion or Order Filing 28 MOTION to Remand to State Court by Keith Michel, Norbert Michel, Vickie Michel. Motion(s) will be submitted on 8/15/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E)(Dunn, Alex)
July 19, 2018 Opinion or Order Filing 27 ORDER granting #18 Motion for Leave to File Motion to Remand. Plaintiffs are directed to refile their motion to remand, which must address the citizenship of the survivor plaintiffs. Signed by Judge Sarah S. Vance on 7/18/2018. (cg)
July 17, 2018 Opinion or Order Filing 26 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #11 MOTION for Hearing to Set Preliminary Conference . (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Dunn, Alex)
July 16, 2018 Opinion or Order Filing 25 Statement of Corporate Disclosure by Crane Company (Romero, Jacqueline)
July 16, 2018 Opinion or Order Filing 24 Notice of Compliance re #1 Notice of Removal by Crane Company. (Attachments: #1 Exhibit Exception and Answer to Petition for Damages)(Romero, Jacqueline) Modified text on 7/17/2018 (am).
July 12, 2018 Opinion or Order Filing 23 ORDER Scheduling Conference set for 8/9/2018 10:30 AM before case manager by telephone. Signed by Judge Sarah S. Vance on 7/12/18.(jjs)
July 10, 2018 Opinion or Order Filing 22 ORDER - Plaintiff filed a Motion for Leave of Court to File Amended Motion toRemand. Defendant Cummins Inc. filed an opposition to the motion. IT IS ORDERED that plaintiff's motion is hereby consideredsubmitted without oral argument as of July 18, 2018. Signed by Judge Sarah S. Vance on 7/10/2018.(cg)
July 10, 2018 Opinion or Order Filing 21 ORDER granting #14 Motion to Substitute Party. Keith Michel, Norbert Michel and Vickie Michel added. Victor Michel terminated. Signed by Judge Sarah S. Vance on 7/10/2018. (cg)
July 9, 2018 Opinion or Order Filing 20 RESPONSE/MEMORANDUM in Opposition filed by Cummins Inc re #18 First MOTION for Leave to File Amended Motion to Remand and Memorandum in Support of Motion to RemandAmended MOTION to Remand to State Court . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Hart, Joseph)
July 9, 2018 Opinion or Order Filing 19 Correction of Docket Entry by Clerk re #18 First MOTION for Leave to File Amended Motion to Remand and Memorandum in Support of Motion to RemandAmended MOTION to Remand to State Court . **Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and remove submission date. Also, Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.** (am)
July 5, 2018 Opinion or Order Filing 18 EXPARTE/CONSENT First MOTION for Leave to File Amended Motion to Remand and Memorandum in Support of Motion to Remand by Victor Michel. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading, #4 Proposed Pleading, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G)(Dunn, Alex) Modified text on 7/6/2018 (am). Modified text on 7/9/2018 (am).
July 5, 2018 Opinion or Order Filing 17 Correction of Docket Entry by Clerk re #14 MOTION to Substitute Party Keith Michel, Norbert Michel and Vickie Michel. **Filing attorney should have selected No at the question 'Is this an Exparte/Consent Motion Y/N?'. Filing attorney selected incorrect submission/hearing date. Clerk took corrective action to set motion for submission on 07/18/2018 before Judge Sarah S. Vance. No further action is necessary.** (am)
July 5, 2018 Opinion or Order Filing 16 **DEFICIENT** First MOTION for Leave to File Amended Motion to Remand and Memorandum in Support of Motion to Remand by Victor Michel. Motion(s) will be submitted on 8/1/2018. (Attachments: #1 Proposed Order Granting Motion for Leave, #2 Proposed Pleading Amended Motion to Remand, #3 Proposed Pleading Memorandum in Support of Motion to Remand, #4 Notice of Submission, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G)(Dunn, Alex) Modified text on 7/5/2018 (am).
July 4, 2018 Opinion or Order Filing 15 **DEFICIENT** First MOTION for Leave to File Amended Motion to Remand by Keith Michel, Vickie Michel, Victor Michel, norbert Michel. Motion(s) will be submitted on 8/1/2018. (Attachments: #1 Proposed Order Granting Motion for Leave, #2 Notice of Submission, #3 Proposed Pleading Amended Motion to Remand, #4 Proposed Pleading Memorandum in Support of Motion to Remand, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G)(Dunn, Alex) Modified text on 7/5/2018 (am).
July 3, 2018 Opinion or Order Filing 14 MOTION to Substitute Party Keith Michel, Norbert Michel and Vickie Michel by norbert Michel, Vickie Michel, Keith Michel. Motion will be submitted on 07/18/2018. (Attachments: #1 Proposed Order, #2 Notice of Submission).(Dunn, Alex) Modified text on 7/5/2018 (am).
July 3, 2018 Opinion or Order Filing 13 DUPLICATE FILING SEE REC. DOC. 14 EXPARTE/CONSENT MOTION to Substitute Party Keith Michel, Norbert Michel and Vickie Michel by Victor Michel. (Attachments: #1 Proposed Order)(Dunn, Alex) Modified text on 7/5/2018 (am).
July 3, 2018 Opinion or Order Filing 12 Correction of Docket Entry by Clerk re #11 MOTION for Miscellaneous Relief to Set Preliminary Conference. **Filing attorney selected incorrect event. Correct event is MOTION for Hearing. Clerk took corrective action by changing the event.** (am)
July 2, 2018 Opinion or Order Filing 11 EXPARTE/CONSENT MOTION to Set Preliminary Conference by Cummins Inc. (Attachments: #1 Proposed Order, #2 Exhibit)(Hart, Joseph) Modified text on 7/3/2018 (am).
June 11, 2018 Opinion or Order Filing 10 Statement of Corporate Disclosure by Metropolitan Life Insurance Company identifying Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company (Jalenak, Jay)
June 7, 2018 Opinion or Order Filing 9 **DEFICIENT** MOTION to Remand to State Court by Victor Michel. Motion(s) will be submitted on 6/27/2018. (Attachments: #1 Proposed Order Proposed Remand Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G)(Dunn, Alex) Modified on 6/8/2018 (sbs).
May 24, 2018 Opinion or Order Filing 8 Statement of Corporate Disclosure by Cummins Inc (Hart, Joseph)
May 23, 2018 Opinion or Order Filing 7 Notice of Compliance by Cummins Inc re #1 Notice of Removal, (Attachments: #1 Exhibit A - State Court Record Part 1, #2 Exhibit A - State Court Record Part 2, #3 Exhibit A - State Court Record Part 3, #4 Exhibit A - State Court Record Part 4, #5 Exhibit A - State Court Record Part 5, #6 Exhibit A - State Court Record Part 6, #7 Exhibit A - State Court Record Part 7, #8 Exhibit A - State Court Record Part 8, #9 Exhibit A - State Court Record Part 9, #10 Exhibit B - Sheriff Returns)(Hart, Joseph) Modified on 5/24/2018 (am).
May 18, 2018 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned to Judge Sarah S. Vance. Chief Judge Kurt D. Engelhardt no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 5/16/2018.(cg)
May 11, 2018 Opinion or Order Filing 5 Directive Pursuant to 28:1447(b) by Clerk. (cg)
May 10, 2018 Opinion or Order Filing 4 Initial Case Assignment to Chief Judge Kurt D. Engelhardt and Magistrate Judge Karen Wells Roby. (gk)
May 10, 2018 Opinion or Order Filing 3 AMENDED NOTICE OF REMOVAL from Victor Michel versus Ford Motor Company, et al., case number 2017-7318 (Fee previously paid) filed by Cummins Inc.(Hart, Joseph) Modified text on 5/11/2018 (jeg).
May 9, 2018 Opinion or Order Filing 2 AMENDED NOTICE OF REMOVAL from Victor Michel versus Ford Motor Company, et al., case number 2017-7318 (Fee previously paid) filed by Cummins Inc. (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, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC)(Hart, Joseph) Modified text on 5/11/2018 (jeg).
May 8, 2018 Opinion or Order Filing 1 NOTICE OF REMOVAL from Civil District Court, Orleans Parish, case number 2017-7318 Div N Sec 8 (Filing fee $ 400 receipt number 053L-6851649) filed by Cummins Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Original Petition for Damages, #3Exhibit B - DWOP of Anco, #4 Exhibit C - DWOP of Arvin Meritor, #5 Exhibit D - DWOP of Bridgestone-Firestone, #6 Exhibit E - DWOP of BWDAC, #7 Exhibit F - DWOP of Carlisle, #8 Exhibit G - DWOP of CBS, #9 Exhibit H - DWOP of Eaton, #10 Exhibit I - DWOP of Georgia-Pacific, #11 Exhibit J - DWOP of Hennessy, #12 Exhibit K - DWOP of Honeywell as to Allied Chemical, #13 Exhibit L - DWOP of Lear, #14 Exhibit M - DWOP of Maremont, #15 Exhibit N - DWOP of Viking Pumps, #16 Exhibit O - Aurora Pump Co., Michel, Consent to Removal, #17 Exhibit P - Borg-Warner, Michel, Consent to Removal, #18 Exhibit Q - CertainTeed, Michel, Consent to Removal, #19 Exhibit R - Crane Co., Michel, Consent to Removal, #20 Exhibit Exhibit S - Crown Cork, Michel, Consent to Removal, #21 Exhibit T - Cummins, Michel, Consent to Removal, #22 Exhibit Exhibit U - Dana Companies, Michel, Consent to Removal, #23 Exhibit Exhibit V - DAP, Michel, Consent to Removal, #24 Exhibit W - Ford, Michel, Consent to Removal, #25 Exhibit X - GE, Michel, Consent to Removal, #26 Exhibit Y - Genuine Parts, Michel, Consent to Removal, #27 Exhibit Z - Honeywell (Bendix), Michel, Consent to Removal, #28 Exhibit AA - Honeywell, Michel, Consent to Removal, #29 Exhibit BB - Metro Life, Michel, Consent to Removal, #30 Exhibit CC - Pneumo Abex, Michel, Consent to Removal, #31 Exhibit DD - UCC, Michel, Consent to Removal, #32 Exhibit EE - New York SOS Search Results for United Auto Supply, #33 Exhibit FF - Louisiana SOS Search Results for Untied Auto Supply, #34 Exhibit GG - Social Security Records of Plaintiff, #35 Exhibit HH - Deposition of Victor Michel Vol. I, #36 Exhibit II Depo of Taylor-Seidenbach (Goodman), #37 Exhibit JJ - Expert Report of Christopher DePasquale, #38 Exhibit KK - Deposition of Christopher Depasquale, #39 Exhibit LL - Expert Report of Murray M. Finkelstein, #40 Exhibit MM - Deposition of Dr. Murray Finkelstein, #41 Exhibit NN - Expert Reports of Dr. Brent C. Staggs, #42 Exhibit OO - Deposition of Brent Staggs, #43 Exhibit PP - Ct. Rep. E-mail with Brent Staggs Transcript, #44 Exhibit QQ - Deposition of Mary Beth Beasley, M.D., #45 Exhibit RR - Deposition of Dominik D. Alexander, Ph.D., M.S.P.H., #46 Exhibit SS - Deposition of Dana Hollins, #47 Exhibit TT - Deposition of Jennifer Pierce, #48 Exhibit UU Deposition of Bryan Hardin, #49 Exhibit VV - Pre-Trial and Scheduling Order, #50 Exhibit WW - Davidson v Georgia Pacific LLC, #51 Exhibit XX - Smith v Union Carbide Corp, #52 Exhibit YY - Ct. Rep. E-mail with Mary Beth Beasley Transcript, #53 Exhibit ZZ - Ct. Rep. E-mail with Dominick Alexander Transcript, #54 Exhibit AAA - Ct. Rep. E-mail with Dana Hollins Transcript, #55 Exhibit BBB - Ct. Rep. E-mail with Jennifer Pierce Transcript, #56 Exhibit CCC - Ct. Rep. E-mail with Bryan Hardin Transcript)Attorney Joseph Henry Hart, IV added to party Cummins Inc(pty:dft).(Hart, Joseph) Modified text on 5/14/2018 (jeg). Modified text on 5/25/2018 (am).

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Search for this case: Michel v. Ford Motor Company, et al
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Plaintiff: Victor Anthony Michel
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Plaintiff: Victor Michel
Represented By: Alex S. Dunn, Jr.
Represented By: Ashley Lynette Page
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Plaintiff: Keith Michel
Represented By: Alex S. Dunn, Jr.
Represented By: Ashley Lynette Page
Represented By: Christopher Thomas Layloff
Represented By: Jason John Steinmeyer
Represented By: Roshawn H. Donahue
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Plaintiff: Norbert Michel
Represented By: Alex S. Dunn, Jr.
Represented By: Ashley Lynette Page
Represented By: Christopher Thomas Layloff
Represented By: Jason John Steinmeyer
Represented By: Roshawn H. Donahue
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Plaintiff: Vickie Michel
Represented By: Ashley Lynette Page
Represented By: Christopher Thomas Layloff
Represented By: Jason John Steinmeyer
Represented By: Roshawn H. Donahue
Represented By: Alex S. Dunn, Jr.
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Defendant: Honeywell Int. Inc., as Successor in Interest to Bendix Corp.
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Defendant: Crane Company
Represented By: Lawrence Pugh, III
Represented By: Shelley L. Thompson
Represented By: Donna M. Young
Represented By: Jacqueline Romero
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Defendant: Metropolitan Life Insurance Company
Represented By: Jay Morton Jalenak, Jr.
Represented By: Patrick Dale Roquemore
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Defendant: CertainTeed Corporation Inc.
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Defendant: Pneumo-Abex, LLC
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Defendant: Borg-Warner Morse Tec LLC
Represented By: Natasha Amber Corb
Represented By: Glenn Lyle Maximilian Swetman
Represented By: Bradley Adam Hays
Represented By: Brandie Mendoza Thibodeaux
Represented By: Christopher O. Massenburg
Represented By: Danielle M.S. Riera
Represented By: David R. Frohn
Represented By: Helen Meredith Buckley
Represented By: Jeanette Seraile-Riggins
Represented By: Meghan B. Senter
Represented By: Quinn Kelcie Brown
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Defendant: Dana Companies LLC
Represented By: Barbara Bourgeois Ormsby
Represented By: William Claudy Harrison, Jr.
Represented By: Arthur Wendel Stout, III
Represented By: Jason P. Franco
Represented By: Jennifer E. Adams
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Defendant: General Electric
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Defendant: Aurora Pump Company
Represented By: Bradley Adam Hays
Represented By: Christopher O. Massenburg
Represented By: Danielle M.S. Riera
Represented By: Jeanette Seraile-Riggins
Represented By: Meghan B. Senter
Represented By: Natasha Amber Corb
Represented By: Quinn Kelcie Brown
Represented By: Glenn Lyle Maximilian Swetman
Represented By: Brandie Mendoza Thibodeaux
Represented By: David R. Frohn
Represented By: Helen Meredith Buckley
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Defendant: Ford Motor Company
Represented By: Lee Blanton Ziffer
Represented By: Skylar B. Rudin
Represented By: Amber Barlow Garcia
Represented By: Janika D. Polk
Represented By: Deborah DeRoche Kuchler
Represented By: William Mennucci
Represented By: Monique M. Weiner
Represented By: Terrence M.R. Zic
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Defendant: Cummins Inc
Represented By: Joseph Henry Hart, IV
Represented By: Thomas A. Porteous
Represented By: Daniel E. Oser
Represented By: Parwana Noorzad
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Defendant: Crown Cork & Seal Co., Inc.
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Defendant: Honeywell International, Inc.
Represented By: Nancy Lee Cromartie
Represented By: Eric Shuman
Represented By: Glenn B. Adams
Represented By: Sarah Elizabeth McMillan
Represented By: Matthew Edward Simmons
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Defendant: Genuine Parts Company
Represented By: Lacey Moghis
Represented By: Magali Ann Puente-Martin
Represented By: James H. Brown, Jr.
Represented By: John Joseph Hainkel, III
Represented By: Angela M. Bowlin
Represented By: Barry C. Campbell
Represented By: Kelly L. Long
Represented By: Kelsey Eagan
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Defendant: Dap, Inc.
Represented By: Margaret Adams Casey
Represented By: Martin James Dempsey, Jr.
Represented By: Kay B. Baxter
Represented By: Forrest Ren Wilkes
Represented By: Jason K. Elam
Represented By: Ashley A. Edwards
Represented By: Georgia Noble Ainsworth
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Defendant: Union Carbide Coporation
Represented By: McGready Lewis Richeson
Represented By: Ernest G. Foundas
Represented By: Perrey S. Lee
Represented By: Kathleen Jordan Brien
Represented By: Francis Xavier deBlanc, III
Represented By: Milele N. St. Julien
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Defendant: BWDAC, Inc
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Defendant: CBS Corporation
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Defendant: Certain-Teed Corporation
Represented By: Barbara Bourgeois Ormsby
Represented By: William Claudy Harrison, Jr.
Represented By: Arthur Wendel Stout, III
Represented By: Jason P. Franco
Represented By: Jennifer E. Adams
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Defendant: DCO, LLC
Represented By: Barbara Bourgeois Ormsby
Represented By: William Claudy Harrison, Jr.
Represented By: Arthur Wendel Stout, III
Represented By: Jason P. Franco
Represented By: Jennifer E. Adams
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Defendant: General Electric Company
Represented By: James H. Brown, Jr.
Represented By: Kelsey Eagan
Represented By: Lacey Moghis
Represented By: John Joseph Hainkel, III
Represented By: Angela M. Bowlin
Represented By: Barry C. Campbell
Represented By: Kelly L. Long
Represented By: Magali Ann Puente-Martin
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Defendant: Pneumo Abex Corporation
Represented By: Jennifer E. Adams
Represented By: Barbara Bourgeois Ormsby
Represented By: William Claudy Harrison, Jr.
Represented By: Jason P. Franco
Represented By: Arthur Wendel Stout, III
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Defendant: Anco Insulations Inc
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Defendant: Arvinmeritor, Inc.
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Defendant: Bridgestone/Firestone Americas Holding, Inc.
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Defendant: BWD Automotive Corporation
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Defendant: Carlisle Companies Incorporated
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Defendant: Viacom Inc
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Defendant: Westinghouse Electric Corporation
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Defendant: Eaton Corporation
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Defendant: Georgia Pacific LLC
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Defendant: Hennessy Industries, Inc.
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Defendant: Lear Siegler Diversified Holdings Corp.
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Defendant: Maremont Corporation
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Defendant: Taylor Seidenbach, Inc.
Represented By: Christopher Kelly Lightfoot
Represented By: Richard J. Garvey, Jr.
Represented By: Edward J. Lassus, Jr.
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Defendant: Viking Pump Inc
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Defendant: United Auto Supply Of Syracuse, Inc
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Defendant: Crown Cork & Seal USA, Inc.
Represented By: Rodger Gregory Green, Jr
Represented By: Michael D. Lonegrass
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Defendant: Bridgestone Americas, Inc.
Represented By: John J. Simpson
Represented By: Benjamin J. Guilbeau, Jr.
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Defendant: Ford Leasing Development Company LLC
Represented By: Deborah DeRoche Kuchler
Represented By: Janika D. Polk
Represented By: Lee Blanton Ziffer
Represented By: Monique M. Weiner
Represented By: Skylar B. Rudin
Represented By: William Mennucci
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