Zirbel v. Ford Motor Company
| Donna Jean Zirbel |
| Ford Motor Company |
| 2:2018cv13212 |
| October 15, 2018 |
| US District Court for the Eastern District of Michigan |
| Nancy G Edmunds |
| Elizabeth A Stafford |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.
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Filing 45
MANDATE from U.S. Court of Appeals - Sixth Circuit as to #44 Appeal Order/Opinion/Judgment [Appeal Case Number 20-1149] (SKra)
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Filing 44
OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re #39 Notice of Appeal filed by Donna Jean Zirbel [Appeal Case Number 20-1149] (TTho)
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Filing 43
TRANSCRIPT of Motion Hearing held on 12/11/2019. (Court Reporter: Suzanne Jacques (Email: jacques@transcriptorders.com)) (Number of Pages: 21) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/23/2020. Redacted Transcript Deadline set for 4/2/2020. Release of Transcript Restriction set for 6/1/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jacques, S.)
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Filing 42
Certificate of Service re #39 Notice of Appeal. (LHos)
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Filing 41
COSTS TAXED in the amount of $3,465.30 against plaintiff (DPer)
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Filing 40
BILL OF COSTS by Ford Motor Company (Baumhart, Julia)
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Filing 39
NOTICE OF APPEAL by Donna Jean Zirbel. Receipt No: 0645-7604241 - Fee: $ 505 - Fee Status: Fee Paid. (Attachments: #1 Proof of Service) (Shensky, Katherine)
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Filing 38
JUDGMENT in favor of Defendant against Plaintiff. Judgment in the amount of $ 243,189.70 - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 37
OPINION and ORDER Denying #25 Motion for Judgment to Reverse the Decision of the Plan Administrator and Granting #26 Motion for Summary Judgment. Defendant is entitled to a judgment in the amount of $243,189.70 - Signed by District Judge Nancy G. Edmunds. (LBar)
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Minute Entry for proceedings before District Judge Nancy G. Edmunds: Motion Hearing held on 12/11/2019 re #26 and #25 MOTIONS for Judgment. Disposition: Motions taken under advisement (Court Reporter: Suzanne Jacques) (LBar)
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Filing 36
REPLY to Response re #26 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Index of Exhibits Index, #2 Exhibit G - Donati v Ford Motor Co. General Retirement, #3 Exhibit H - Sieggreen v. Unum Provident Corp., #4 Exhibit I - Plaintiff/Counter Defendant's Reply to Ford's Response to Plaintiff/Counter-Defendant's Motion to Reverse The Decision of the Plan Admin. and for Summary Judgment on Counterclaim) (Baumhart, Julia)
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Filing 35
EXHIBIT PP Amendment re #34 Reply to Response to Motion, by Donna Jean Zirbel (Attachments: #1 Proof of Service) (Shensky, Katherine)
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Filing 34
REPLY to Response re #25 MOTION for Judgment to Reverse the Decision of the Plan Administator and For Summary Judgment on Counterclaim filed by Donna Jean Zirbel. (Attachments: #1 Index of Exhibits, #2 PP - FORD's Witness List, #3 QQ - FORD's Supplemental and Amended Answers to ZIRBEL's First Set of Interrogatories (Pertinent Portions), #4 Proof of Service) (Shensky, Katherine)
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Filing 33
RESPONSE to #26 MOTION for Summary Judgment filed by Donna Jean Zirbel. (Attachments: #1 Brief in Support of Response to Defendant's Motion for Summary Judgment, #2 Index of Exhibits, #3 Exhibit MM - PASS Notes from Conduent side as third-party administrator for FORD, #4 Exhibit NN - Bumgarner v. Ford Motor General Retirement Plan, 2016 U.S. Dist. LEXIS 95949 (S.D. Ohio 2016), #5 Exhibit OO - Shumpert v. GM Life & Disability Benefits Program for Hourly Employees, 2014 U.S. Dist. LEXIS 158486 (2014), #6 Proof of Service) (Shensky, Katherine)
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Filing 32
RESPONSE to #25 MOTION for Judgment to Reverse the Decision of the Plan Administator and For Summary Judgment on Counterclaim filed by Ford Motor Company. (Attachments: #1 Index of Exhibits Index, #2 Exhibit F - Travis Winkels Declaration) (Baumhart, Julia)
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Filing 31
EXHIBIT "A" [Dkt. No. 25-3] Amendment (Addition of Errata Pages Only) re #25 MOTION for Judgment to Reverse the Decision of the Plan Administator and For Summary Judgment on Counterclaim by Donna Jean Zirbel (Attachments: #1 Proof of Service) (Shensky, Katherine)
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Filing 30
NOTICE OF HEARING on #25 MOTION for Judgment to Reverse the Decision of the Plan Administator and for Summary Judgment on Counterclaim; and #26 MOTION for Summary Judgment. Motion Hearings re-set for 12/11/2019 @ 02:00 PM before District Judge Nancy G. Edmunds (LBar)
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Filing 29
NOTICE OF HEARING on #25 MOTION for Judgment to Reverse the Decision of the Plan Administator and for Summary Judgment on Counterclaim, and #26 MOTION for Summary Judgment. Motion Hearings set for 10/30/2019 @ 2:00 PM before District Judge Nancy G. Edmunds (LBar)
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TEXT-ONLY NOTICE: Pretrial Conference set for 10/30/2019 and Jury Trial set for 11/12/2019 is Cancelled re #18 Scheduling Order. (New dates to be set after ruling on the motions for summary judgment) (LBar)
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Filing 28
EXHIBIT (CONTINUED - Part 2) re #26 MOTION for Summary Judgment by Ford Motor Company (Attachments: #1 Exhibit D - Deposition Transcript of Lavell Logan, #2 Exhibit E - Deposition Transcript of Matt Dupuis) (Baumhart, Julia)
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Filing 27
EXHIBIT (CONTINUED) re #26 MOTION for Summary Judgment by Ford Motor Company (Attachments: #1 Exhibit B - Declaration of Julia Turner Baumhart, #2 Exhibit C - Deposition Transcript of Laura Peeke (1 of 3), #3 Exhibit C - Deposition Transcript of Laura Peeke (2 of 3), #4 Exhibit C - Deposition Transcript of Laura Peeke (3 of 3)) (Baumhart, Julia)
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Filing 26
MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Index of Exhibits Index, #2 Exhibit A - Deposition Transcript of Donna Zirbel (1 of 4), #3 Exhibit A (Deposition Transcript of Donna Zirbel (2 of 4), #4 Exhibit A - Deposition Transcript of Donna Zirbel (3 of 4), #5 Exhibit A - Deposition Transcript of Donna Zirbel (4 of 4)) (Baumhart, Julia)
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Filing 25
MOTION for Judgment to Reverse the Decision of the Plan Administator and For Summary Judgment on Counterclaim by Donna Jean Zirbel. (Attachments: #1 Brief in Support of Plaintiff/Counter-Defendant's Motion to Reverse the Decision of the Plan Administrator, #2 Index of Exhibits Exhibit List to Plaintiff/Counter-Defendant's Motion to Reverse the Decision of the Plan Administrator and For Summary Judgment on Counterclaim, #3 Exhibit A - Deposition Transcripts of Donna J. Zirbel, Vols. I & II, #4 Exhibit B - Qualified Domestic Relations Order for Ford Motor Company General Retirement Plan entered on February 6, 2009, #5 Exhibit C - Amended Judgment of Divorce entered on January 30, 2009, #6 Exhibit D - Plaintiff's notes concerning percentages, #7 Exhibit E - Retirement Benefit Statement, #8 Exhibit F - Package from FORD to ZIRBEL of July 26, 2013, #9 Exhibit G - Deposition Transcript of Matthew DuPuis, #10 Exhibit H - Deposition Transcript of Lavell Logan, #11 Exhibit K - Deposition Transcripts of Laura Peeke, Vols. I & II, #12 Exhibit L - Peeke's Note of August 13, 2013, #13 Exhibit M - Affidavit of Donna Jean Zirbel, #14 Exhibit N - Package from FORD to ZIRBEL of September 6, 2013, #15 Exhibit O - Peeke's Note of September 17, 2013, #16 Exhibit P - Peeke's Note of September 27, 2013, #17 Exhibit Q - Peeke's Note of October 18, 2013, #18 Exhibit R - Email correspondence from ZIRBEL to Peeke dated October 23, 2013, #19 Exhibit S - Email correspondence from ZIRBEL to Peeke dated October 25, 2013, #20 Exhibit T - Election Sheet of October 25, 2013, #21 Exhibit U - Peeke's Note of October 29, 2013, #22 Exhibit V - Email correspondence from ZIRBEL to Peeke dated November 4, 2013, #23 Exhibit W - Email string between ZIRBEL and Peeke dated November 5, 2013, #24 Exhibit X - Email correspondence from ZIRBEL to Peeke dated November 17, 2013, #25 Exhibit Y - Packet of November 4, 2013 (pertinent portion), #26 Exhibit Z - Email correspondence from ZIRBEL to Peeke dated November 7, 2014, entitled "latest phone call from Ford", #27 Exhibit AA - Email correspondence from ZIRBEL to Peeke dated November 7, 2013, entitled "Answer from Carly", #28 Exhibit BB - Checks, #29 Exhibit CC - Life First Distribution Summary of December 2013, #30 Exhibit DD - Letter from FORD to ZIRBEL dated May 24, 2017, #31 Exhibit EE - Appeal Letter from ZIRBEL to FORD of July 20, 2017, #32 Exhibit FF - Letter from NESC to ZIRBEL dated December 26, 2017, #33 Exhibit GG - Letter from FORD to ZIRBEL dated January 2, 2018, #34 Exhibit HH - Appeal Letter from WK to FORD of February 9, 2018, #35 Exhibit II - Letter from General Retirement Committee to ZIRBEL dated May 7, 2018, #36 Exhibit JJ - Gilcrest v. UNUM Life Ins. Co. of Am., 255 Fed. Appx. 38, 45-46, 2007 U.S. App. LEXIS 24633 (2007), #37 Exhibit KK - Pages 119 - 120 of The Plan, #38 Exhibit LL - Longuski v. Iron Workers' Local No. 25 Pension Plan, 2012 U.S. Dist. LEXIS 52177; 2013 WL 1247172 (Apr. 2012), #39 Proof of Service) (Shensky, Katherine)
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Filing 24
SEALED EXHIBIT "I" and Exhibit "J" to Plaintiff/Counter-Defendant's Motion to Reverse the Decision of the Plan Administrator and For Summary Judgment on Counterclaim by Donna Jean Zirbel. (Attachments: #1 Exhibit I - Tower Watson Contract with Addendums and Amendments, #2 Exhibit J - Xerox Contract with Addendums and Amendments) (Shensky, Katherine)
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Filing 23
NOTICE by Donna Jean Zirbel of Filing of Exhibits to Plaintiff/Counter-Defendant's Motion to Reverse the Decision of the Plan Administrator and For Summary Judgment on Counterclaim Under Seal (Attachments: #1 Proof of Service) (Shensky, Katherine)
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Filing 22
ORDER Granting #21 Motion for Leave to File Excess Pages re Motion to Reverse Decision Plan Administrator (Brief not to exceed 30 pages) - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 21
Ex Parte MOTION for Leave to File Excess Pages of Plaintiff/Counter-Defendant's Motion to Reverse Decision of Plan Administrator by Donna Jean Zirbel. (Attachments: #1 Exhibit A - Proposed Order Granting Plaintiff/Counter-Defendant's Ex Parte Motion to Exceed Page Limitation of Plaintiff/Counter-Defendant's Motion to Reverse Decision of Plan Administrator, #2 Proof of Service) (Shensky, Katherine)
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Filing 20
MOTION for Leave to File Excess Pages Defendant/Counter-Plaintiff's Application for Leave to File Summary Judgment Brief in Excess of 25 Pages by Ford Motor Company. (Baumhart, Julia)
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TEXT-ONLY ORDER Granting #20 Motion for Leave to File Excess Pages (Brief may not exceed 30 pages) - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 19
STIPULATED PROTECTIVE ORDER - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 18
SCHEDULING ORDER: Discovery due by 8/14/2019; Dispositive Motion Cut-off set for 8/14/2019; Final Pretrial Conference re-set for 10/3/2019 @ 02:00 PM before District Judge Nancy G. Edmunds; and Trailing Trial Docket re-set for 11/12/2019 - Signed by District Judge Nancy G. Edmunds. (Refer to image for additional dates) (LBar)
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TEXT-ONLY ORDER Granting #17 Second MOTION to Adjourn (See Document 18 for Image) - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 17
Second MOTION to Adjourn #15 Stipulation and Order,, Scheduling Order, by Donna Jean Zirbel. (Attachments: #1 Brief in Support of Motion for Second Modification of Scheduling Order, #2 Index of Exhibits, #3 Exhibit A - Defendant/Counter-Plaintiff's Supplemental and Amended Answers to Plaintiff/Counter-Defendant's First Set of Interrogatories, #4 Exhibit B - Plaintiff/Counter-Defendant's Notice of Taking Deposition of Kenneth Mitchell, #5 Exhibit C - Plaintiff/Counter-Defendant's Amended Notice of Taking Deposition Under Rule 30(b) of Ford Motor Company's Employee Benefits Committee, #6 Exhibit D - Letter from Plaintiff ZIRBEL's counsel to defense counsel of June 3, 2019, #7 Exhibit E - Letter from Plaintiff ZIRBEL's counsel to Conduent of June 4, 2019, along with Subpoenan and Plaintiff/Counter-Defendant's Notice of Taking Videoconference Deposition Under Rule 30(b), #8 Exhibit F - Proof of Service of Subpoena and Notice to Conduent dated June 5, 2019, #9 Exhibit G - Email correspondence from Dionne Rainey, Vice President and Corporate Counsel for Conduent, to Plaintiff ZIRBEL's counsel dated June 7, 2019, #10 Exhibit H - Proposed Order for Second Adjournment of Scheduling Order, #11 Proof of Service) (Shensky, Katherine)
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Filing 16
STIPULATION AND ORDER (Discovery due by 6/21/2019) - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 15
STIPULATION AND ORDER, SCHEDULING ORDER: (Discovery due by 6/17/2019, Dispositive Motion Cut-off set for 7/15/2019, Final Pretrial Conference set for 9/5/2019 02:00 PM before District Judge Nancy G. Edmunds, Trailing Trial Docket set for 10/15/2019 @9:00 am) - Signed by District Judge Nancy G. Edmunds. (Refer to image for additional dates) (LBar)
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Filing 14
MOTION to Adjourn #11 Scheduling Order, by Donna Jean Zirbel. (Attachments: #1 Exhibit A - Proposed Stipulated Order Modifying Scheduling Order of January 9, 2019) (Shensky, Katherine)
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Filing 13
WITNESS LIST by Donna Jean Zirbel (Attachments: #1 Proof of Service) (Shensky, Katherine)
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Filing 12
WITNESS LIST by Ford Motor Company (Baumhart, Julia)
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Filing 11
SCHEDULING ORDER: Discovery due by 5/17/2019; Dispositive Motion Cut-off set for 6/14/2019; Final Pretrial Conference set for 8/22/2019 @ 02:00 PM before District Judge Nancy G. Edmunds and Trailing Trial Docket set for 9/16/2019 - Signed by District Judge Nancy G. Edmunds. (Refer to image for additional dates) (LBar)
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Minute Entry for proceedings before District Judge Nancy G. Edmunds: Scheduling Conference held on 1/9/2019 (LBar)
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Filing 10
NOTICE of Appearance by Sonja L. Lengnick on behalf of Ford Motor Company. (Lengnick, Sonja)
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Filing 9
ANSWER to Counterclaim by Donna Jean Zirbel. (Attachments: #1 Proof of Service) (Shensky, Katherine)
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Filing 8
NOTICE TO APPEAR: Scheduling Conference set for 1/9/2019 @ 10:00 AM before District Judge Nancy G. Edmunds (LBar)
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| Filing 7 ANSWER to Complaint with Affirmative Defenses , COUNTERCLAIM filed by Ford Motor Company against Donna Jean Zirbel by Ford Motor Company. (Baumhart, Julia) |
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Filing 6
STIPULATION AND ORDER re #1 Complaint (Responsive Pleading due by 12/10/2018) - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 5 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ford Motor Company (Baumhart, Julia) |
| Filing 4 NOTICE of Appearance by Julia T. Baumhart on behalf of Ford Motor Company. (Baumhart, Julia) |
| Filing 3 CERTIFICATE of Service/Summons Returned Executed. Ford Motor Company served on 10/18/2018, answer due 11/8/2018. (Shensky, Katherine) |
| Filing 2 SUMMONS Issued for *Ford Motor Company* (SKra) |
| Filing 1 COMPLAINT For Declaratory and Equitable Relief filed by All Plaintiffs against Ford Motor Company. Plaintiff requests summons issued. Receipt No: 0645-6946710 - Fee: $ 400. County of 1st Plaintiff: Barnstable - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A-1 - Ford Motor Company General Retirement Plan (pp 1 - 169), #3 Exhibit A-2 - Ford Motor Company General Retirement Plan (pp 170 - 350), #4 Exhibit A-3 - Ford Motor Company General Retirement Plan (pp 351 - 369), #5 Exhibit A-4 - Ford Motor Company General Retirement Plan (pp 370 - 412), #6 Exhibit B - Judgment of Divorce entered Janaury 13, 2009, #7 Exhibit C - Qualified Domestic Relations Order entered February 6, 2009, #8 Exhibit D - Letter from Ford to Zirbel of June 28, 2011, #9 Exhibit E - Letter from Ford to Zirbel of July 17, 2013, #10 Exhibit F - Package from Ford to Zirbel of July 26, 2013, #11 Exhibit G - Benefit Statement of September 6, 2013, #12 Exhibit H - Election Sheet of October 25, 2013, #13 Exhibit I - Packet of November 4, 2013 (pertinent portion), #14 Exhibit J - Letter from Ford to Zirbel of May 24, 2017, #15 Exhibit K - Appeal Letter from Zirbel to Ford of July 20, 2017, #16 Exhibit L - Letter from WK to Ford of August 9, 2017, #17 Exhibit M - Letter from MESC to Zirbel of August 23, 2017, #18 Exhibit N - Letter from NESC to Zirbel of October 26, 2017, #19 Exhibit O - Letter from NESC to Zirbel of January 2, 2018, #20 Exhibit P - Appeal Letter from WK to Ford of February 9, 2018, #21 Exhibit Q - Letter frm General Retirement Committee to Zirbel of May 7, 2018, #22 Exhibit R - Affidavit of Donna Jean Zirbel) (Shensky, Katherine) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (SKra) |
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| Plaintiff: Donna Jean Zirbel | |
| Represented By: | Katherine W. Shensky |
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| Defendant: Ford Motor Company | |
| Represented By: | Julia T. Baumhart |
| Represented By: | Sonja L. Lengnick |
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