Cunningham et al v. Ford Motor Company
| Tri-State Collision, LLC, William Cunningham, Joel Weiss and Jeff Moestretti |
| Ford Motor Company |
| 4:2021cv10781 |
| April 7, 2021 |
| US District Court for the Eastern District of Michigan |
| Kimberly G Altman |
| Matthew F Leitman |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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Filing 67
NOTICE of Appearance by Eden M Darrell on behalf of Ford Motor Company. (Darrell, Eden)
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Filing 66
NOTICE of Appearance by Jodi M. Schebel on behalf of Ford Motor Company. (Schebel, Jodi)
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Filing 65
STIPULATED ORDER for First Extension of the Scheduling Order. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 64
STIPULATED Protocol to Govern Discovery of Electronically Stored and Hard Copy Information. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 63
STIPULATED PROTECTIVE ORDER. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 62
NOTICE of Appearance by Heather Fields on behalf of Ford Motor Company. (Fields, Heather)
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Filing 61
SCHEDULING ORDER: Fact Discovery due by 12/29/2023, Dispositive Motion Cut-off set for 7/14/2024. Signed by District Judge Matthew F. Leitman. (Refer to image for additional dates) (HRya)
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Filing 60
ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Ford Motor Company. (Wise, Robert)
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Filing 59
NOTICE of Appearance by Sandra G. Ezell on behalf of Ford Motor Company. (Ezell, Sandra)
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Minute Entry for virtual proceedings before District Judge Matthew F. Leitman: Scheduling Conference held on 12/19/2022. Court to issue scheduling order. (Court Reporter: None Present, Not on the Record) (HRya)
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Filing 58
NOTICE of Appearance by Kathleen S. Corpus on behalf of All Defendants. (Corpus, Kathleen)
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Filing 57
NOTICE of Appearance by Blake Stubbs on behalf of William Cunningham, Jeff Moestretti, Tri-State Collision, LLC, Joel Weiss. (Stubbs, Blake)
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Filing 56
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Hughes, Emily)
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Filing 55
ORDER TO ATTEND VIDEO SCHEDULING CONFERENCE AND NOTICE OF REQUIREMENTS FOR SUBMISSION OF DISCOVERY PLAN: Scheduling Conference set for 12/19/2022 at 11:00 AM before District Judge Matthew F. Leitman. **PLEASE SEE ORDER FOR IMPORTANT DEADLINE AND ZOOM LINK** (HRya)
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Filing 54
ORDER Granting in Part and Denying in Part Defendant's #30 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 53
ORDER (1) Granting Defendant's #29 Motion to Compel Arbitration and (2) Staying Claims Brought by Plaintiffs Tri-State Collision, LLC and Joel Weiss. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 52
SUPPLEMENTAL BRIEF re #29 MOTION to Compel ARBITRATION OF CLAIMS BY PLAINTIFFS TRI-STATE COLLISION, LLC AND JOEL WEISS filed by Ford Motor Company. (Hodge, Jason)
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Filing 51
SUPPLEMENTAL BRIEF re #32 Response to Motion, to Compel Arbitration filed by All Plaintiffs. (Miller, E.)
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Filing 50
TRANSCRIPT of Motion Hearings held on 06/15/2022. (Court Reporter/Transcriber: Robert L. Smith) (Number of Pages: 97) The parties have 21 days to file with the court and Court Reporter/Transcriber 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 7/13/2022. Redacted Transcript Deadline set for 7/25/2022. Release of Transcript Restriction set for 9/20/2022. 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. (Smith, R.)
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Filing 49
ORDER (1) Directing Parties to File Supplemental Briefs and (2) Amending Supplemental Briefing Schedule. Signed by District Judge Matthew F. Leitman. (HRya)
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Minute Entry for in-person proceedings before District Judge Matthew F. Leitman: Motion Hearing held on 6/15/2022 re #29 MOTION to Compel ARBITRATION OF CLAIMS BY PLAINTIFFS TRI-STATE COLLISION, LLC AND JOEL WEISS filed by Ford Motor Company, #30 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT filed by Ford Motor Company. Disposition: Motion Taken Under Advisement. Plaintiffs to file supplemental brief by June 22, 2022; Ford to file supplemental brief by June 29, 2022. (Court Reporter: Rob Smith) (HRya)
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Filing 48
ATTORNEY APPEARANCE: Jason Ryan Hodge appearing on behalf of Ford Motor Company (Hodge, Jason)
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Filing 47
ATTORNEY APPEARANCE: Emily E. Hughes appearing on behalf of All Plaintiffs (Hughes, Emily)
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Filing 46
NOTICE by All Plaintiffs re #44 MOTION for Leave to File Notice of Supplemental Authority Plaintiffs' Notice in Response (Miller, E.)
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Filing 45
NOTICE OF IN PERSON HEARING on #30 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT, #29 MOTION to Compel ARBITRATION OF CLAIMS BY PLAINTIFFS TRI-STATE COLLISION, LLC AND JOEL WEISS. Motion Hearing set for 6/15/2022 at 9:30 AM before District Judge Matthew F. Leitman. (HRya)
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Filing 44
MOTION for Leave to File Notice of Supplemental Authority by Ford Motor Company. (Attachments: #1 Exhibit 1 (Notice of Supplemental Authority)) (Wise, Robert)
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TEXT-ONLY ORDER Granting #44 MOTION for Leave to File Notice of Supplemental Authority filed by Ford Motor Company. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 43
NOTICE of Appearance by Dylan Thomas Martin on behalf of William Cunningham, Jeff Moestretti, Tri-State Collision, LLC, Joel Weiss. (Martin, Dylan)
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Filing 42
REPLY to Response re #30 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT filed by Ford Motor Company. (Wise, Robert)
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Filing 41
REPLY to Response re #37 MOTION for Leave to File Notice of Supplemental Authority Regarding Defendant Ford Motor Company's Motion to Compel Arbitration of Claims by Plaintiffs Tri-State Collision, LLC and Joel Weiss filed by Ford Motor Company. (Rehsi, Sunny)[RESPONSE TO #37 MOTION] Modified on 2/15/2022 (DPer).
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Filing 40
NOTICE by Ford Motor Company re #29 MOTION to Compel ARBITRATION OF CLAIMS BY PLAINTIFFS TRI-STATE COLLISION, LLC AND JOEL WEISS Corrected Index of Authorities (Rehsi, Sunny)
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Filing 39
ATTORNEY APPEARANCE: Dana Fraser appearing on behalf of All Plaintiffs (Fraser, Dana)
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Filing 38
NOTICE by All Plaintiffs of Supplemental Authority (Attachments: #1 Exhibit A - Ngo v. BMW of North America, LLC, No. 20-56027, 2022 WL 109004 (9th Cir. Jan. 12, 2022)) (Miller, E.)
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Filing 37
MOTION for Leave to File Notice of Supplemental Authority Regarding Defendant Ford Motor Company's Motion to Compel Arbitration of Claims by Plaintiffs Tri-State Collision, LLC and Joel Weiss by All Plaintiffs. (Attachments: #1 Exhibit 1 - Notice of Supplemental Authority) (Miller, E.)
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TEXT-ONLY ORDER Granting #37 MOTION for Leave to File Notice of Supplemental Authority Regarding Defendant Ford Motor Company's Motion to Compel Arbitration of Claims by Plaintiffs Tri-State Collision, LLC and Joel Weiss filed by Tri-State Collision, LLC, William Cunningham, Jeff Moestretti, Joel Weiss. Defendant may respond to the authority within fourteen days. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 36
REPLY to Response re #29 MOTION to Compel ARBITRATION OF CLAIMS BY PLAINTIFFS TRI-STATE COLLISION, LLC AND JOEL WEISS filed by Ford Motor Company. (Rehsi, Sunny)
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Filing 35
STIPULATED ORDER Enlarging Page Limit for Defendant's Reply in Support of It's Motion to Compel Arbitration. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 34
RESPONSE to #30 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Unpublished Cases) (Miller, E.)
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Filing 33
STIPULATED ORDER Enlarging Page Limits for the Parties' Briefing on Defendant's Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (HRya)
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Filing 32
RESPONSE to #29 MOTION to Compel ARBITRATION OF CLAIMS BY PLAINTIFFS TRI-STATE COLLISION, LLC AND JOEL WEISS filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Unpublished Cases, #3 Exhibit 2 - Order Re Toyotas Motion to Compel Plaintiffs Alejandra Renteria and Mark Altier to Arbitration, No. 2:19-ml-02905-JAK-PLA, *9 (C.D. Cal. Sept. 27, 2021)) (Miller, E.)
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Filing 31
STIPULATED ORDER on Defendant's Response to Plaintiffs' First Amended Complaint, Briefing Schedule for Same, and Defendant's Upcoming Hearing for Its Motion to Compel Arbitration. Signed by District Judge Matthew F. Leitman. (HMon)
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TEXT-ONLY NOTICE: Motion Hearing on 12/13/2021 is Cancelled re #24 Notice of Hearing on Motion. (HMon)
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Filing 30
MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT by Ford Motor Company. (Rehsi, Sunny)
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Filing 29
MOTION to Compel ARBITRATION OF CLAIMS BY PLAINTIFFS TRI-STATE COLLISION, LLC AND JOEL WEISS by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Ala. Vehicle Retail Installment Contract (Alabama Sales Contract), #3 Exhibit B - Florida Vehicle Retail Installment Contract (Florida Sales Contract)) (Rehsi, Sunny)
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Filing 28
NOTICE of Appearance by Rebecca D Gilliland on behalf of All Plaintiffs. (Gilliland, Rebecca)
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Filing 27
AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Technical Service Bulletin October 16, 2017, #3 Exhibit B - NHTSAs PE 18-011 Opening Resume, #4 Exhibit C - December 4, 2019 Part 573 Safety Recall Report, #5 Exhibit D - Recall Chronology, #6 Exhibit E - NHTSAs RQ 21-001 Opening Resume, #7 Exhibit F - NHTSAs PE 18-011 Closing Resume, #8 Exhibit G - 2017 Super Duty, #9 Exhibit H - 2018 F-250 Super Duty, #10 Exhibit I - 2019 F-350 Super Duty, #11 Exhibit J - 2020 Super Duty, #12 Exhibit K - Ford US Super Duty 2010, #13 Exhibit L - Ford US Super Duty 2012, #14 Exhibit M - Ford US Super Duty 2014, #15 Exhibit N - Ford US Super Duty 2016) (Miller, E.)
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Filing 26
ORDER Granting Request to Withdraw Attorney Leslie Pescia as Counsel of Record for Plaintiffs. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 25
NOTICE of Withdrawal of Attorney Leslie Pescia for on behalf of William Cunningham. (Pescia, Leslie)
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Filing 24
NOTICE OF IN PERSON HEARING on #12 MOTION to Compel Arbitration of Claims by Tri-State Collision, LLC. Motion Hearing set for 12/13/2021 at 9:30 AM before District Judge Matthew F. Leitman. (HMon)
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Filing 23
NOTICE of Appearance by Daniel R Ferri on behalf of All Plaintiffs. (Ferri, Daniel)
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Filing 22
NOTICE of Appearance by John E. Tangren on behalf of All Plaintiffs. (Tangren, John)
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Filing 21
NOTICE of Appearance by Adam J. Levitt on behalf of All Plaintiffs. (Levitt, Adam)
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Filing 20
STIPULATED ORDER Extending the Deadline for Plaintiffs' Amended Complaint. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 19
CERTIFICATE OF SERVICE re #18 Reply to Response to Motion by Ford Motor Company (Rehsi, Sunny)
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Filing 18
REPLY to Response re #12 MOTION to Compel Arbitration of Claims by Tri-State Collision, LLC filed by Ford Motor Company. (Rehsi, Sunny)
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Filing 17
NOTICE of Appearance by Leslie Pescia on behalf of William Cunningham, Tri-State Collision, LLC. (Pescia, Leslie)
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Filing 16
STIPULATED ORDER Extending the Deadline for Defendant's Reply to Plaintiffs' Opposition to Defendant's #12 MOTION to Compel Arbitration of Claims by Tri-State Collision, LLC. Reply due by 7/27/2021. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 15
RESPONSE to #12 MOTION to Compel Arbitration of Claims by Tri-State Collision, LLC filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Unpublished Cases) (Miller, E.)
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Filing 14
STIPULATED ORDER Extending the Deadline for Plaintiffs' Response to Defendant's #12 MOTION to Compel Arbitration of Claims by Tri-State Collision, LLC. Response due by 7/13/2021. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 13
MOTION to Dismiss Plaintiffs' Complaint by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 2018 Ford Car Lt. Truck Warranty, #3 Exhibit B - 2019 Ford Car Truck Warranty) (Rehsi, Sunny)
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Filing 12
MOTION to Compel Arbitration of Claims by Tri-State Collision, LLC by Ford Motor Company. (Attachments: #1 Exhibit Vehicle Retail Installment Contract) (Rehsi, Sunny)
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Filing 11
NOTICE of Appearance by Robert Latane Wise on behalf of Ford Motor Company. (Wise, Robert)
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Filing 10
STIPULATED ORDER Extending Deadline for Responsive Pleading re #1 Complaint. Response due by 6/15/2021. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 9
ATTORNEY APPEARANCE: Sunny Rehsi appearing on behalf of Ford Motor Company (Rehsi, Sunny)
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Filing 8
CERTIFICATE of Service/Summons Returned Executed. Ford Motor Company served on 4/16/2021, answer due 5/7/2021. (Miller, E.)
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Filing 7
NOTICE of Appearance by W. Daniel Miles, III on behalf of William Cunningham, Tri-State Collision, LLC. (Miles, W.)
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Filing 6
NOTICE of Appearance by James Mitchell Williams on behalf of William Cunningham, Tri-State Collision, LLC. (Williams, James)
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Filing 5
NOTICE of Appearance by H. Clay Barnett, III on behalf of William Cunningham, Tri-State Collision, LLC. (Barnett, H.)
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Filing 4
SUMMONS Issued for *Ford Motor Company* (DAll)
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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 (DAll)
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Filing 3
NOTICE of Appearance by Dennis A. Lienhardt on behalf of All Plaintiffs. (Lienhardt, Dennis)
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Filing 2
NOTICE of Appearance by Sharon S. Almonrode on behalf of All Plaintiffs. (Almonrode, Sharon)
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Filing 1
COMPLAINT Class Action Complaint and Jury Trial Demanded filed by All Plaintiffs against Ford Motor Company with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8416976 - Fee: $ 402. County of 1st Plaintiff: Out of State - 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 - Technical Service Bulletin October 16, 2017, #3 Exhibit B - NHTSAs PE 18-011 Opening Resume, #4 Exhibit C - December 4, 2019 Part 573 Safety Recall Report, #5 Exhibit D - Recall Chronology, #6 Exhibit E - NHTSAs RQ 21-001 Opening Resume, #7 Exhibit F - NHTSAs PE 18-011 Closing Resume, #8 Exhibit G - 2017 Super Duty, #9 Exhibit H - 2018 F-250 Super Duty, #10 Exhibit I - 2019 F-350 Super Duty, #11 Exhibit J - 2020 Super Duty, #12 Exhibit K - Ford US Super Duty 2010, #13 Exhibit L - Ford US Super Duty 2012, #14 Exhibit M - Ford US Super Duty 2014, #15 Exhibit N - Ford US Super Duty 2016) (Miller, E.)
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