Leppek v. Ford Motor Company
| David Leppek |
| Ford Motor Company |
| 2:2018cv13801 |
| December 7, 2018 |
| US District Court for the Eastern District of Michigan |
| David R. Grand |
| Paul D Borman |
| Stephanie Dawkins Davis |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 28, 2021. A more recent docket listing may be available from PACER.
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Filing 59
COSTS TAXED in the amount of $3,851.99 against plaintiff (DPer)
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Filing 58
BILL OF COSTS by Ford Motor Company (Loverich, Shannon)
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Filing 57
JUDGMENT Signed by District Judge Paul D. Borman. (DTof)
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Filing 56
OPINION AND ORDER granting #27 Motion for Summary Judgment. Signed by District Judge Paul D. Borman. (DTof)
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Minute Entry for proceedings before District Judge Paul D. Borman: Motion Hearing held on 4/19/2021 re #27 MOTION for Summary Judgment filed by Ford Motor Company Disposition: Motion taken under advisement (Court Reporter: Leann Lizza) (DTof)
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Filing 55
NOTICE OF HEARING BY VIDEO CONFERENCE on #27 MOTION for Summary Judgment . Motion Hearing set for 4/19/2021 01:00 PM before District Judge Paul D. Borman |Zoom Webinar Information: https://www.zoomgov.com/j/1609935562?pwd=U0gyTC9SZlcyQTlldjFYMnJRZ1RTUT09 Passcode: 745396 Or iPhone one-tap : US: +16692545252,,1609935562# or +16468287666,,1609935562#| (DTof)
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Filing 54
ORDER Adopting #52 Report and Recommendation Granting in Part and Denying in Part #29 Motion in Limine, filed by Ford Motor Company - Signed by District Judge Paul D. Borman. (DTof)
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Filing 53
RESPONSE to #51 Supplemental Brief in Opposition to Defendant's Motion for Summary Judgment (ECF No. 27) Pursuant to Order of December 1, 2020 by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Declaration of Yvette Clay) (Pelton, Eric)
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Filing 52
REPORT AND RECOMMENDATION re #29 MOTION in Limine TO PRECLUDE DR. DAVID BURDETTE FROM TESTIFYING IN AN EXPERT CAPACITY AND TO PRECLUDE RELIANCE ON HIS EXPERT REPORT AND SIMILAR EVIDENCE filed by Ford Motor Company Signed by Magistrate Judge David R. Grand. (EBut)
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Filing 51
SUPPLEMENTAL BRIEF re #27 MOTION for Summary Judgment , #47 Order on Motion to Strike, Order on Motion - Free filed by David Leppek. (Attachments: #1 Exhibit 1-Clay dep trans) (Sharp, Heidi)
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Filing 50
SUPPLEMENTAL BRIEF re #27 MOTION for Summary Judgment Submitting Declaration of Yvette Clay filed by Ford Motor Company. (Pelton, Eric)
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Filing 49
ORDER granting #48 Motion for Reconsideration and amending prior order #47 . Signed by Magistrate Judge David R. Grand. (EBut)
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Filing 48
MOTION for Reconsideration re #47 Order on Motion to Strike, Order on Motion - Free Defendant's Motion for Reconsideration of Order Granting Plaintiff's Motion to Strike Defendant's Declarations by Ford Motor Company. (Pelton, Eric)
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Filing 47
ORDER granting #35 Motion to Strike; granting #39 Motion. Signed by Magistrate Judge David R. Grand. (EBut)
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Minute Entry for proceedings before Magistrate Judge David R. Grand: Motion Hearing held via zoom on 12/1/2020 re #29 MOTION in Limine TO PRECLUDE DR. DAVID BURDETTE FROM TESTIFYING IN AN EXPERT CAPACITY AND TO PRECLUDE RELIANCE ON HIS EXPERT REPORT AND SIMILAR EVIDENCE filed by Ford Motor Company Disposition: Motion taken under advisement (Court Reporter: Sheri Ward) (EBut)
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Filing 46
REPLY to Response re #39 MOTION to Supplement Summary Judgment Record with Declaration of Yvette Clay re #27 MOTION for Summary Judgment filed by Ford Motor Company. (Pelton, Eric)
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Filing 45
RESPONSE to #39 MOTION to Supplement Summary Judgment Record with Declaration of Yvette Clay re #27 MOTION for Summary Judgment filed by David Leppek. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Sharp, Heidi)
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Filing 44
RESPONSE to #35 MOTION to Strike #27 MOTION for Summary Judgment Declarations CORRECTED filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Michael Lank Declaration, #3 Exhibit B - Brandon Hrynyk Declaration, #4 Exhibit C - Dr. Arthelia Brewer Declaration, #5 Exhibit D - Yvette Clay Declaration, #6 Exhibit E - Employee History Report, #7 Exhibit F - Mayne Deposition Excerpts, #8 Exhibit G - Response to Interrogatory No. 1, #9 Exhibit H - Brewer Deposition Excerpts) (Pelton, Eric)
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Filing 43
AMENDED RENOTICE OF HEARING BY VIDEO CONFERENCE on #39 MOTION to Supplement Summary Judgment Record with Declaration of Yvette Clay re #27 MOTION for Summary Judgment , #29 MOTION in Limine TO PRECLUDE DR. DAVID BURDETTE FROM TESTIFYING IN AN EXPERT CAPACITY AND TO PRECLUDE RELIANCE ON HIS EXPERT REPORT AND SIMILAR EVIDENCE, #35 MOTION to Strike #27 MOTION for Summary Judgment Declarations. Motion Hearing set for 12/1/2020 10:00 AM before Magistrate Judge David R. Grand |Zoom Webinar Information: Please click this URL to join. https://www.zoomgov.com/j/1609837986?pwd=RkFFVzlnN2czV1c4K2RHbXJ5b29udz09| (EBut)
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Filing 42
ORDER REFERRING MOTION to Magistrate Judge David R. Grand: #39 MOTION to Supplement Summary Judgment Record with Declaration of Yvette Clay re #27 MOTION for Summary Judgment filed by Ford Motor Company. Signed by District Judge Paul D. Borman. (DTof)
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Filing 41
NOTICE OF HEARING BY VIDEO CONFERENCE on #35 MOTION to Strike #27 MOTION for Summary Judgment Declarations, #27 MOTION for Summary Judgment . Motion Hearing set for 12/1/2020 10:00 AM before Magistrate Judge David R. Grand |Zoom Webinar Information: Please click this URL to join. https://www.zoomgov.com/j/1609837986?pwd=RkFFVzlnN2czV1c4K2RHbXJ5b29udz09| (EBut)
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Filing 40
REPLY to Response re #27 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Declaration of Yvette Clay) (Pelton, Eric)
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Filing 39
MOTION to Supplement Summary Judgment Record with Declaration of Yvette Clay re #27 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Declaration of Yvette Clay) (Pelton, Eric)
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Filing 38
RESPONSE to #35 MOTION to Strike #27 MOTION for Summary Judgment Declarations filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Michael Lank Declaration, #3 Exhibit B - Brandon Hrynyk Declaration, #4 Exhibit C - Dr. Arthelia Brewer Declaration, #5 Exhibit D - Yvette Clay Declaration, #6 Exhibit E - Employee History Report, #7 Exhibit F - Mayne Deposition Excerpts, #8 Exhibit G - Response to Interrogatory No. 1, #9 Exhibit H - Brewer Deposition Excerpts) (Pelton, Eric)
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Filing 37
REPLY to Response re #29 MOTION in Limine TO PRECLUDE DR. DAVID BURDETTE FROM TESTIFYING IN AN EXPERT CAPACITY AND TO PRECLUDE RELIANCE ON HIS EXPERT REPORT AND SIMILAR EVIDENCE - Reply Supporting Defendant's Motion In Limine To Preclude Dr. David Burdette From Testifying In An Expert Capacity filed by Ford Motor Company. (Pelton, Eric)
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Filing 36
ORDER REFERRING MOTION to Magistrate Judge David R. Grand: #35 MOTION to Strike #27 MOTION for Summary Judgment Declarations filed by David Leppek. Signed by District Judge Paul D. Borman. (DTof)
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Filing 35
MOTION to Strike #27 MOTION for Summary Judgment Declarations by David Leppek. (Attachments: #1 Exhibit 1-Defendant's Initial Disclosures, #2 Exhibit 2-Defendant's Responses to Discovery) (Sharp, Heidi)
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Filing 34
RESPONSE to #27 MOTION for Summary Judgment filed by David Leppek. (Attachments: #1 Exhibit A-Plaintiff's dep trans, #2 Exhibit B-Burdette dep trans, #3 Exhibit C-Brewer dep trans, #4 Exhibit D-Mayne dep trans, #5 Exhibit E-McGuire email to Mayne, #6 Exhibit F-Brewer Summary Report 11.28.17, #7 Exhibit G-Brewer to Burdette letter, #8 Exhibit H-Kirschner IME, #9 Exhibit I-Burdette letter to Brewer 1.9.18, #10 Exhibit J-Medical Restriction Placement Form, #11 Exhibit K-Leppek Request for Accommodations, #12 Exhibit L-Completed Accommodation form, #13 Exhibit M-Mayne Notes, #14 Exhibit N-Mayne letter to Leppek, #15 Exhibit O-Brewer Summary Report 11.16.17, #16 Exhibit P-Brewer Summary Report 11.28.17) (Sharp, Heidi)
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Filing 33
RESPONSE to #29 MOTION in Limine TO PRECLUDE DR. DAVID BURDETTE FROM TESTIFYING IN AN EXPERT CAPACITY AND TO PRECLUDE RELIANCE ON HIS EXPERT REPORT AND SIMILAR EVIDENCE filed by David Leppek. (Attachments: #1 Exhibit 1-Affidavit of Dr. Burdette, #2 Exhibit 2-Dr. Burdette dep trans, #3 Exhibit 3-Dr. Burdette CV, #4 Exhibit 4) (Sharp, Heidi)
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Filing 32
STIPULATED ORDER., Set Motion and R&R Deadlines/Hearings as to #29 MOTION in Limine TO PRECLUDE DR. DAVID BURDETTE FROM TESTIFYING IN AN EXPERT CAPACITY AND TO PRECLUDE RELIANCE ON HIS EXPERT REPORT AND SIMILAR EVIDENCE, #27 MOTION for Summary Judgment :( Responses due by 10/26/2020) Signed by District Judge Paul D. Borman. (DTof)
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Filing 31
ORDER REFERRING MOTION to Magistrate Judge David R. Grand: #29 MOTION in Limine TO PRECLUDE DR. DAVID BURDETTE FROM TESTIFYING IN AN EXPERT CAPACITY AND TO PRECLUDE RELIANCE ON HIS EXPERT REPORT AND SIMILAR EVIDENCE filed by Ford Motor Company. Signed by District Judge Paul D. Borman. (DTof)
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Filing 30
STIPULATED ORDER to Seal. Signed by District Judge Paul D. Borman. (DTof)
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Filing 29
MOTION in Limine TO PRECLUDE DR. DAVID BURDETTE FROM TESTIFYING IN AN EXPERT CAPACITY AND TO PRECLUDE RELIANCE ON HIS EXPERT REPORT AND SIMILAR EVIDENCE by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Plaintiffs Rule 26(a)(2)(C) Expert Witness Disclosure, #3 Exhibit B - Spectrum Record) (Pelton, Eric)
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Filing 28
SEALED EXHIBIT A -Deposition Transcript of David Leppek - Exhibits 5, 7 and 8 re #27 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Exhibit B - Deposition of David Burdette, M.D.-Deposition Exhibits 8 and 17, #2 Exhibit E - Deposition of Arthelia Brewer, M.D. - Deposition Exhibit 8, #3 Exhibit F - Excerpts, Records of David Burdette, M.D.) (Pelton, Eric)
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Filing 27
MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Deposition of David Leppek (Deposition Exhibits 5, 7 and 8 FILED UNDER SEAL), #3 Exhibit B - Deposition of David Burdette, M.D. (Deposition Exhibits 8 and 17 FILED UNDER SEAL), #4 Exhibit C - Declaration of Michael Lank, #5 Exhibit D - Declaration of Brandon Hrynyk, #6 Exhibit E - Deposition of Arthelia Brewer, M.D. (Deposition Exhibit 8 FILED UNDER SEAL), #7 Exhibit F - Excerpts, Records of David Burdette, M.D. (FILED UNDER SEAL), #8 Exhibit G - Declaration of Dr. Arthelia Brewer, M.D., #9 Exhibit H - Fords Responses to Plaintiffs Discovery, Interrogatory No. 5, #10 Exhibit I - Deposition of Teresa Mayne, #11 Exhibit J - Appendix of Unpublished Cases) (Pelton, Eric)
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Filing 26
STIPULATED ORDER EXTENDING DEADLINES, ( Dispositive Motion Cut-off set for 9/14/2020) Signed by District Judge Paul D. Borman. (DTof)
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TEXT-ONLY NOTICE: Final Pretrial Conference and Trial are Cancelled / Adjourned without date. (DTof)
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Filing 25
STIPULATED ORDER., ( Daubert and Dispositive Motion Cut-off RESET for 7/13/2020) Signed by District Judge Paul D. Borman. (DTof)
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Minute Entry for proceedings before Magistrate Judge David R. Grand: Settlement Conference held on 3/16/2020 Disposition: The Court conducted a telephonic settlement conference, which did not resolve the case. If, after additional discovery, the parties desire a follow-up settlement conference, their counsel may jointly contact Magistrate Judge Grands chambers to schedule one. (EBut)
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Filing 24
RENOTICE TO APPEAR: Settlement Conference set for 3/16/2020 01:00 PM before Magistrate Judge David R. Grand (EBut)
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TEXT-ONLY NOTICE: Settlement Conference on 2/5/20 at 9:30a.m. before Magistrate Judge Grand is Cancelled (EBut)
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Filing 23
NOTICE TO APPEAR: Settlement Conference set for 2/5/2020 09:30 AM before Magistrate Judge David R. Grand (EBut)
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Filing 22
ORDER REFERRING OTHER MATTERS to Magistrate Judge Grand : Settlement Conference. Signed by District Judge Paul D. Borman. (DTof)
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Filing 21
Amended WITNESS LIST by Ford Motor Company (Loverich, Shannon)
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Filing 20
ANSWER to Complaint with Affirmative Defenses -Amended Affirmative Defenses by Ford Motor Company. (Loverich, Shannon)
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Filing 19
STIPULATION AND ORDER Extending Dates ( Fact Discovery due by 1/6/2020; Dispositive Motion Cut-off set for 4/13/2020) *See order for further deadlines* FACILITATION INFORMATION DUE BY 1/6/2020. Signed by District Judge Paul D. Borman. (DTof)
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Filing 18
STIPULATED ORDER GRANTING LEAVE TO DEFENDANT FORD MOTOR COMPANY TO AMEND AFFIRMATIVE DEFENSES - Signed by District Judge Paul D. Borman. (DTof)
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Filing 17
STIPULATED PROTECTIVE ORDER - Signed by District Judge Paul D. Borman. (DTof)
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Filing 16
WITNESS LIST by Ford Motor Company (Loverich, Shannon)
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Filing 15
WITNESS LIST by David Leppek (Sharp, Heidi)
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Filing 14
SCHEDULING ORDER: FACILITATION INFORMATION DUE BY 10/1/2019; Fact Discovery due by 10/7/2019; FACILITATION HELD BY 12/9/2019; Dispositive Motion Cut-off set for 1/13/2020; Final Pretrial Conference set for 8/31/2020 02:00 PM before District Judge Paul D. Borman; Jury Trial set for 9/8/2020 10:00 AM before District Judge Paul D. Borman - Signed by District Judge Paul D. Borman. (Refer to image for additional dates) (DTof)
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Filing 13
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Loverich, Shannon)
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TEXT-ONLY NOTICE: Scheduling Conference set for 03/26/2019 is Cancelled. (DTof)
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Filing 12
NOTICE TO APPEAR: DISCOVERY PLAN DUE 3/22/2019; Scheduling Conference set for 3/26/2019 04:00 PM before District Judge Paul D. Borman *READ ENTIRE NOTICE FOR IMPORTANT INFORMATION* (DTof)
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Filing 11
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ford Motor Company (Pelton, Eric)
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Filing 10
ANSWER to Complaint with Affirmative Defenses by Ford Motor Company. (Pelton, Eric)
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Filing 9
NOTICE of Appearance by Shannon V. Loverich on behalf of Ford Motor Company. (Loverich, Shannon)
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Filing 8
NOTICE of Appearance by Eric J. Pelton on behalf of Ford Motor Company. (Pelton, Eric)
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Filing 7
CERTIFICATE of Service/Summons Returned Executed. Ford Motor Company served on 2/11/2019, answer due 3/4/2019. (Camps, Peter)
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| Filing 6 NOTICE of Correction re #5 Order of MagistrateReassignment/Disqualification. (NAhm) |
| Filing 5 [STRICKEN] ORDER of RECUSAL and REASSIGNING CASE from Magistrate Judge David R. Grand to Magistrate Judge Anthony P. Patti. (NAhm) Modified on 1/14/2019 (NAhm). |
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Filing 4
ORDER REASSIGNING CASE from Magistrate Judge Stephanie Dawkins Davis to Magistrate Judge David R. Grand. (ATee)
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| Filing 3 NOTICE of Appearance by Peter N. Camps on behalf of David Leppek. (Camps, Peter) |
| Filing 2 SUMMONS Issued for *Ford Motor Company* (DPer) |
| Filing 1 COMPLAINT filed by David Leppek against Ford Motor Company with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7020458 - Fee: $ 400. County of 1st Plaintiff: Macomb - County Where Action Arose: Macomb - County of 1st Defendant: Macomb. [Previously dismissed case: No] [Possible companion case(s): None] (Sharp, Heidi) |
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| Defendant: Ford Motor Company | |
| Represented By: | Eric J. Pelton |
| Represented By: | Shannon V. Loverich |
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| Plaintiff: David Leppek | |
| Represented By: | Heidi T. Sharp |
| Represented By: | Peter N. Camps |
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