GODFRIED v. FORD MOTOR COMPANY
NATHAN GODFRIED |
FORD MOTOR COMPANY |
1:2019cv00372 |
August 14, 2019 |
US District Court for the District of Maine |
JOHN C NIVISON |
NANCY TORRESEN |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 Diversity-Product Liability |
Both |
Docket Report
This docket was last retrieved on July 21, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 76 JUDGMENT By DEPUTY CLERK: Stacey L. Graf. (slg) |
Filing 75 ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT granting #65 Motion for Summary Judgment; denying as moot #68 Motion to Exclude Expert Testimony of Arica Millett and Ryan Fitch. By JUDGE NANCY TORRESEN. (slg) |
Filing 74 REPLY TO ADDITIONAL Statement of Fact Reply Statement of Material Facts filed by FORD MOTOR COMPANY. (SCHAFFER, MICHELLE) |
Filing 73 REPLY to Response to Motion re #65 MOTION for Summary Judgment Ford Motor Companys Reply Memorandum of Law in Support of Its Motion for Summary Judgment filed by FORD MOTOR COMPANY. (SCHAFFER, MICHELLE) |
Filing 72 RESPONSE to Statement of Fact with Statement of Additional Facts filed by NATHAN GODFRIED. (BLACK, ERIK) |
Filing 71 RESPONSE in Opposition re #65 MOTION for Summary Judgment filed by NATHAN GODFRIED. Reply due by 5/16/2022. (BLACK, ERIK) |
Filing 70 RESPONSE to Motion re #68 MOTION to Exclude Expert Testimony Ford Motor Companys Motion to Exclude the Expert Testimony of Arica Millett and Ryan Fitch filed by NATHAN GODFRIED. Reply due by 5/16/2022. (BLACK, ERIK) |
Filing 69 MEMORANDUM by FORD MOTOR COMPANY in support of #68 MOTION to Exclude Expert Testimony Ford Motor Companys Motion to Exclude the Expert Testimony of Arica Millett and Ryan Fitch Ford Motor Companys Memorandum of Law in Support of its Motion to Exclude the Expert Testimony of Arica Millett and Ryan Fitch. (SCHAFFER, MICHELLE) |
Filing 68 MOTION to Exclude Expert Testimony Ford Motor Companys Motion to Exclude the Expert Testimony of Arica Millett and Ryan Fitch by FORD MOTOR COMPANY Responses due by 5/2/2022. (SCHAFFER, MICHELLE) |
Filing 67 STATEMENT OF FACT in Support of Ford Motor Company's Motion for Summary Judgment by FORD MOTOR COMPANY. (SCHAFFER, MICHELLE) |
Filing 66 MEMORANDUM by FORD MOTOR COMPANY in support of #65 MOTION for Summary Judgment Ford Motor Companys Memorandum of Law in Support of its Motion for Summary Judgment. (SCHAFFER, MICHELLE) |
Filing 65 MOTION for Summary Judgment by FORD MOTOR COMPANY Responses due by 5/2/2022. (Attachments: #1 Memo of Law in Support of Motion for Summary Judgment, #2 Statement of Facts in Support of Motion for Summary Judgment)(SCHAFFER, MICHELLE) |
Filing 64 LOCAL RULE 56(h) RECORD by FORD MOTOR COMPANY. (Attachments: #1 Exhibit Deposition transcript of Kenneth Buzzell, 8/6/21, #2 Exhibit Deposition transcript of Frank Cochran, 11/16/21, #3 Exhibit Deposition transcript of Ryan Fitch, 9/10/21, #4 Exhibit Deposition transcript of Nathan Godfried, 10/5/21, #5 Exhibit Deposition transcript of Arica Millett, 8/5/21, #6 Exhibit Deposition transcript of Karen Horton, 12/20/21, #7 Errata Deposition errata of Karen Horton, 1/22/22, #8 Exhibit Karen Horton Report of 5/8/2017, #9 Exhibit Plaintiff's expert-designation letter for Horton, 11/8/21, #10 Exhibit Plaintiff's expert-designation email for Millett and Fitch, 11/29/21, #11 Exhibit Plaintiff's Answers to Interrogatories, 8/30/21, #12 Exhibit Correspondence between State Farm and Plaintiff's counsel, 10/16/13 to 9/27/19, #13 Exhibit Ford 501 Series Sickle Mowers - Operator's Manual (p. 1-22), referenced in Horton Report, #14 Exhibit Ford 501 Series Sickle Mowers - Dealer Parts Book 1958 (p. 1-20), referenced in Horton Report, #15 Exhibit Product Photographs by Karen Horton (5), #16 Exhibit Nathan Godfried CV (p. 1-8), #17 Exhibit State of Maine Crash Report, 8/18/2013 (p. 1-11), #18 Affidavit Affidavit of Curtis Berglund of 4/8/2022, with Exhibits 1-9, #19 Exhibit Report of Michael W. Rogers of Fusion Engineering, 3/18/22, #20 Exhibit Plaintiff's Complaint of 8/14/19, (EFC Document 1, p 1-3), #21 Exhibit Stipulation of the Parties Withdrawing the Plaintiff's Failure to Warn Claim, 2/16/22 (EFC Document 63, p. 1-3))(BERGLUND, CURTIS) |
Filing 63 STIPULATION Stipulation of the Parties Withdrawing the Plaintiffs Failure to Warn Claim by FORD MOTOR COMPANY. (SCHAFFER, MICHELLE) |
Filing 62 LOCAL RULE 56(h) PRE-FILING CONFERENCE REPORT AND ORDER - By JUDGE NANCY TORRESEN. (mnd) |
Filing 61 Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Local Rule 56 Pre-Filing Conference held. (Court Reporter: Dennis Ford) (slg) |
Set Deadlines - Per Local Rule 56(h) Pre-Filing Conference Report and Order #62: Discovery due by 3/31/2022. Defendant's Motion for Summary Judgment due by 4/11/2022. Response due by 5/2/2022. Reply due by 5/16/2022. Any Daubert and Kumho Motions due by 4/11/2022. (mnd) |
Filing 60 RESPONSE to Local Rule 56(h) Pre-Conference Filing Memo filed by NATHAN GODFRIED. (BLACK, ERIK) |
Filing 59 LOCAL RULE 56(h) Pre-Filing Conference Memorandum by FORD MOTOR COMPANY. (SCHAFFER, MICHELLE) |
Filing 58 PROCEDURAL ORDER Re Local Rule 56(h): Pre-Filing Conference Memo due by 1/19/2022. Local Rule 56(h) Pre-Filing Conference set for 2/9/2022 at 01:00 PM before JUDGE NANCY TORRESEN. By JUDGE NANCY TORRESEN. All participants will be provided with the court's call-in information.(slg) |
Filing 57 NOTICE of Appearance by CURTIS A. BERGLUND on behalf of FORD MOTOR COMPANY (BERGLUND, CURTIS) |
Filing 56 NOTICE of Intent to File Summary Judgment Motion and Need for Pre-Filing Conference per Local Rule 56(h) by FORD MOTOR COMPANY (SCHAFFER, MICHELLE) |
Filing 55 ORDER granting #54 Motion to Amend Scheduling Order. Deadline for Plaintiff to designate expert witnesses is extended to December 1, 2021; deadline for Defendant to designate expert witnesses is extended to February 23, 2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) |
Filing 54 Consent MOTION to Amend Scheduling Order by NATHAN GODFRIED Responses due by 11/18/2021. (BLACK, ERIK) |
Filing 53 ORDER granting #52 Motion to Amend Scheduling Order. Deadline for the amendment of pleadings and joinder of parties is extended to October 19, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) |
Filing 52 MOTION to Amend Scheduling Order to Extend the Deadline for the Amendment of Pleadings and Joinder of Parties by Sixty (60) Days by FORD MOTOR COMPANY Responses due by 9/9/2021. (SCHAFFER, MICHELLE) Modified on 8/19/2021 to clean up text (mnd). |
Filing 51 AMENDED SCHEDULING ORDER: Discovery due by 3/1/2022. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 3/8/2022. Motions due by 3/22/2022. Ready for Trial on 6/7/2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) |
Filing 50 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Amended Scheduling Order to issue. (Court Reporter: Tammy Martell) (MFS) |
Filing 49 NOTICE of Hearing: Telephone Conference set for 5/18/2021 at 3:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) |
Filing 48 ORDER ON DEFENDANT'S MOTION TO DISMISS - denying #39 Motion to Dismiss for Lack of Jurisdiction. By JUDGE NANCY TORRESEN. (mnd) |
Filing 47 PLAINTIFF'S SUPPLEMENTAL BRIEF by NATHAN GODFRIED . (BLACK, ERIK) Modified on 4/8/2021 to clean up text (mnd). |
Filing 46 SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION by FORD MOTOR COMPANY (Attachments: #1 Exhibit U.S. Supreme Court Opinion(s) in Montana & Bandemer)(SCHAFFER, MICHELLE) Modified on 4/8/2021 to clean up text (mnd). |
Set Deadlines : In accordance with Order #45, the stay is lifted and Supplemental Briefs are due by 4/8/2021. (mnd) |
Filing 45 ORDER - As discussed during the January 5, 2021, telephone conference, this case is STAYED until the disposition of two cases pending in the Supreme Court of the United States, Ford Motor Company v. Montana Eighth Judicial District Court, No. 19-368, and Ford Motor Company v. Bandemer, No. 19-369. This stay will automatically lift upon the issuance of the Supreme Court's opinion(s). The parties are ORDERED to file supplemental briefs within two weeks of the issuance of the Supreme Court's opinion(s) and shall address how, if at all, the parties' earlier arguments are impacted. No reply will be permitted unless otherwise ordered. By JUDGE NANCY TORRESEN. (mnd) |
Filing 44 Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Telephone Conference held. (Court Reporter: Lori Dunbar) (mnd) |
Filing 43 NOTICE OF HEARING: Telephone Conference set for 1/5/2021 at 4:00 PM before JUDGE NANCY TORRESEN. Counsel have been provided with the call-in information. (mnd) |
Filing 42 REPLY to Response to Motion re #39 MOTION to Dismiss for Lack of Jurisdiction filed by FORD MOTOR COMPANY. (Attachments: #1 Exhibit Pitts v Ford, #2 Exhibit Sullivan v Ford, #3 Exhibit Gaillet v Ford, #4 Exhibit Brown v Ford, #5 Exhibit Cahen v Toyota)(SCHAFFER, MICHELLE) |
Filing 41 RESPONSE in Opposition re #39 MOTION to Dismiss for Lack of Jurisdiction filed by NATHAN GODFRIED. Reply due by 12/18/2020. (Attachments: #1 Exhibit 30(b)(6) Deposition of Erich Kemnitz (p. 10-17, 26-29), #2 Affidavit of Natasha E. Pomroy with Exhibits)(BLACK, ERIK) Modified on 12/4/2020 to clean up duplicate text (mnd). |
Filing 40 MEMORANDUM by FORD MOTOR COMPANY in support of #39 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit Complaint, #2 Exhibit Declaration of Erich Kemnitz)(SCHAFFER, MICHELLE) |
Filing 39 MOTION to Dismiss for Lack of Jurisdiction by FORD MOTOR COMPANY Responses due by 11/24/2020. (SCHAFFER, MICHELLE) |
Reset Deadlines as to #39 MOTION to Dismiss for Lack of Jurisdiction : Per U.S. Magistrate Judge John C. Nivison - Response due by 12/4/2020. (mnd) |
Filing 38 ORDER ON SCOPE OF JURISDICTIONAL DISCOVERY. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) |
Filing 37 (Access to document is restricted to case participants only) ADDITIONAL DISCOVERY DOCUMENTS PER COURT ORDER filed by FORD MOTOR COMPANY (Attachments: #1 Exhibit Declaration of Erich Kemnitz, #2 Exhibit Ford Motor Company's Answers to Interrogatories, #3 Exhibit Ford Motor Company's Response and Objections to Request for Production of Documents)(SCHAFFER, MICHELLE) |
Filing 36 (Access to document is restricted to case participants only) DISCOVERY Letter/Brief Per Court Order filed by NATHAN GODFRIED(BLACK, ERIK) |
Filing 35 ORDER ON DISCOVERY ISSUES. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) |
Reset Deadlines: Per order #35: Defendant may file a renewed motion to dismiss on or before October 30, 2020. The Plaintiff shall have until November 30, 2020 to respond to the motion. (MFS) |
Set Deadlines: Per Order #35, simultaneous legal memoranda due by 10/2/2020. (MFS) |
Filing 34 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephonic Discovery Hearing held. Order to issue. (Court Reporter: Julie Edgecomb) (jwr) |
Filing 33 NOTICE of Hearing: Telephone Conference set for 9/18/2020 at 10:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) |
Filing 32 (Access to document is restricted to case participants only) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by NATHAN GODFRIED (Attachments: #1 Exhibit Ford's Answers and Objections to Interrogatories, #2 Exhibit Ford's Responses and Objections to Document Requests)(BLACK, ERIK) |
Filing 31 NOTICE of Docket Entry Modification regarding #30 Request for a Hearing Regarding a Discovery Dispute : Docket entry modified by the Clerk's Office to reflect that it was filed in error. Counsel to re-file at the request of the clerk's office. (mnd) |
Filing 30 **FILED IN ERROR** (Access to document is restricted to case participants only) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by NATHAN GODFRIED (Attachments: #1 Exhibit Ford's Answers and Objections to Interrogatories, #2 Exhibit Ford's Responses and Objections to Document Requests)(BLACK, ERIK) Modified on 9/14/2020 to add filed in error notation, counsel to re-file (mnd). |
Filing 29 ORDER terminating #25 Motion to Dismiss for Lack of Jurisdiction. By the agreement of the parties, the Defendant may file a renewed motion to dismiss on, or before, September 30, 2020. The Plaintiff shall have until October 30, 2020 to respond to the motion. By JUDGE NANCY TORRESEN. (MMB) |
Filing 28 ORDER granting #27 Motion to Extend Time By JUDGE NANCY TORRESEN. (MMB) |
Set Deadlines per order #29: Defendant may file a renewed motion to dismiss on, or before, September 30, 2020. The Plaintiff shall have until October 30, 2020 to respond to the motion. (clp) |
Filing 27 Consent MOTION to Extend Time 30 days to Complete Jurisdictional Discovery and Reset Motion to Dismiss Deadlines by NATHAN GODFRIED Responses due by 9/21/2020. (BLACK, ERIK) |
Filing 26 MEMORANDUM by FORD MOTOR COMPANY in support of #25 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit Complaint, #2 Exhibit Declaration of Erich Kemnitz)(SCHAFFER, MICHELLE) |
Filing 25 MOTION to Dismiss for Lack of Jurisdiction by FORD MOTOR COMPANY Responses due by 9/21/2020. (SCHAFFER, MICHELLE) |
Filing 24 ORDER terminating #17 Motion to Dismiss for Lack of Jurisdiction. The parties have been engaged in jurisdictional discovery since March 30, 2020 and will likely continue to conduct jurisdictional discovery until August 30, 2020. There appearing to be no reason to maintain the motion to dismiss as an open motion until the close of jurisdictional discovery on August 30, 2020, the motion is TERMINATED. The Defendant is free to refile the motion to dismiss on, or before, September 4, 2020. The Plaintiffs response will remain due on September 30, 2020. By JUDGE NANCY TORRESEN. (MMB) |
Filing 23 ORDER granting #22 Motion to Amend Scheduling Order. Plaintiff shall propound jurisdictional written discovery and serve deposition notice upon Defendant by May 15, 2020; Defendant shall respond to jurisdictional discovery requests by July 15, 2020; Defendant shall produce its deponent(s) in response to Plaintiff's request by August 30, 2020; Plaintiff shall file his response to the motion to dismiss by September 30, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) |
Deadlines reset per Scheduling Order #23: Jurisdictional written discovery and serve deposition notice upon Defendant due by 5/15/2020. Defendant's response to jurisdictional discovery requests due by 7/15/2020. Defendant shall produce its deponent(s) in response to Plaintiff's request by 8/30/2020. Plaintiff's Response to #17 MOTION to Dismiss for Lack of Jurisdiction due by 9/30/2020.) (slg) |
Filing 22 MOTION to Amend Scheduling Order by FORD MOTOR COMPANY Responses due by 4/17/2020. (SCHAFFER, MICHELLE) |
Reset Deadlines - Per General Order 2020-2 issued by Chief Judge Jon D. Levy on 3/18/2020: Jurisdictional Discovery deadline reset to 5/19/2020. (mnd) |
Reset Deadlines - Per Order #21: Jurisdictional Discovery due by 4/19/2020. (mnd) |
Reset Deadlines as to #17 MOTION to Dismiss for Lack of Jurisdiction - Per Order #21: Responses due by 5/20/2020. (mnd) |
Filing 21 ORDER granting #20 Motion to Extend Time. Deadline to complete jurisdictional discovery is extended to April 19, 2020; deadline to file opposition to motion to dismiss is extended to May 20, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) |
Filing 20 Consent MOTION to Extend Time Six Weeks to Respond to Defendant's Motion to Dismiss by NATHAN GODFRIED Responses due by 3/17/2020. (BLACK, ERIK) |
Filing 19 NOTICE of Appearance by ERIK M.P. BLACK on behalf of NATHAN GODFRIED (BLACK, ERIK) |
Filing 18 MEMORANDUM by FORD MOTOR COMPANY in support of #17 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit Complaint, #2 Declaration of Erich Kemnitz)(SCHAFFER, MICHELLE) |
Filing 17 MOTION to Dismiss for Lack of Jurisdiction by FORD MOTOR COMPANY Responses due by 1/3/2020. (SCHAFFER, MICHELLE) |
Reset Deadlines as to #17 MOTION to Dismiss for Lack of Jurisdiction - Per Procedural Order #14: Response deadline reset to 3/29/2020. (mnd) |
Filing 16 ORDER granting #15 Motion to Extend Time to File Motion to Dismiss. Time is extended to December 13, 2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) |
Reset Deadlines - Per Order #16: Defendant's Motion to Dismiss due by 12/13/2019. (mnw) |
Filing 15 MOTION to Extend Time December 13, 2019 To File its Motion to Dismiss for Lack of Personal Jurisdiction (Assented to) by FORD MOTOR COMPANY Responses due by 12/26/2019. (SCHAFFER, MICHELLE) |
Filing 14 PROCEDURAL ORDER - Set Deadlines: Defendant's Motion to Dismiss due by 12/6/2019. Response due by 3/29/2020. Reply time governed by Local Rule 7(c). Jurisdictional Discovery due by 3/8/2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (mnw) |
Filing 13 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: FTR) (MFS) |
Filing 12 NOTICE of Hearing: Telephone Conference set for 11/19/2019 at 10:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) |
Filing 11 ORDER granting #10 Motion for Conference of Counsel. The Court will schedule a telephonic conference. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) |
Filing 10 MOTION for Conference of Counsel re #9 Scheduling Order, by FORD MOTOR COMPANY Responses due by 11/27/2019. (SCHAFFER, MICHELLE) |
Filing 9 SCHEDULING ORDER: Discovery due by 3/11/2020. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 3/18/2020. Motions due by 4/1/2020. Ready for Trial on 6/2/2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) |
Filing 8 NOTICE of Appearance by JAMES M. CAMPBELL on behalf of FORD MOTOR COMPANY (CAMPBELL, JAMES) |
Filing 7 CORPORATE DISCLOSURE STATEMENT by FORD MOTOR COMPANY. (SCHAFFER, MICHELLE) |
Filing 6 ANSWER to #1 Complaint with Jury Demand by FORD MOTOR COMPANY.(SCHAFFER, MICHELLE) Modified on 10/23/2019 to clean up text (mnw). |
Filing 5 NOTICE of Appearance by MICHELLE I. SCHAFFER on behalf of FORD MOTOR COMPANY (SCHAFFER, MICHELLE) |
Filing 4 SUMMONS Returned Executed by NATHAN GODFRIED. FORD MOTOR COMPANY served on 10/1/2019. (GREIF, ARTHUR) |
Set Answer Deadline for FORD MOTOR COMPANY per filing of #4 summons returned executed: Answer due by 10/22/2019. (slg) |
Filing 3 Summons Issued as to FORD MOTOR COMPANY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (sfw) |
Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-2063768.), filed by NATHAN GODFRIED.(GREIF, ARTHUR) |
Filing 2 CIVIL COVER SHEET. (sfw) |
Filing 1 COMPLAINT against FORD MOTOR COMPANY with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by NATHAN GODFRIED. (Service of Process Deadline 11/12/2019) Fee due by 8/16/2019.(sfw) |
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Defendant: FORD MOTOR COMPANY | |
Represented By: | CURTIS A. BERGLUND |
Represented By: | JAMES M. CAMPBELL |
Represented By: | MICHELLE I. SCHAFFER |
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Plaintiff: NATHAN GODFRIED | |
Represented By: | ARTHUR J. GREIF |
Represented By: | ERIK M.P. BLACK |
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