Kitchens v. Ford Motor Company
| Joel Kitchens |
| Ford Motor Company |
| 1:2020cv00115 |
| March 27, 2020 |
| US District Court for the Southern District of Mississippi |
| John C Gargiulo |
| Halil S Ozerden |
| Robert H Walker |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
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Filing 109
FINAL JUDGMENT OF DISMISSAL: Ordered that this case is dismissed with prejudice as to all parties. Signed by District Judge Halil S. Ozerden on 11/17/21. (JCH)
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| Minute Entry for proceedings held before Magistrate Judge Robert H Walker: Settlement Conference held on 11/16/2021. PARTICIPANTS: S. Robert Hammond, Jr., R. Graham Esdale, Jr. - PHV, Patrick M. Ardis and Rachel Grace Gelfand (counsel for Plaintiff); Joel Kitchens (Plaintiff); Dean Sterling Kidd and Bradley W. Smith (counsel for Defendant). The case settled at the conference. Tape Number: 11/16/2021. (AB) |
| NOTICE of Settlement by All Parties. The parties agreed that the matter is ready for the District Judge to enter the standard closing order with the Court retaining jurisdiction to enforce the settlement agreement. (AB) |
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Filing 108
ORDER denying #81 Plaintiff's Motion for Leave from Scheduling Order to Take Deposition of Treating Physician. Signed by Magistrate Judge Robert H Walker on 11/1/2021 (HM)
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| NOTICE of Hearing: Settlement Conference set for 11/16/2021 at 9:30 AM in Chambers 870 (Gulfport) before Magistrate Judge Robert H Walker. Counsel are instructed to submit to Judge Walker, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Walker via e-mail (walker_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB) |
| Minute Entry for proceedings held before Magistrate Judge Robert H Walker: Telephone Conference held on 10/7/2021. PARTICIPANTS: R. Graham Esdale, Jr. - PHV and Patrick M. Ardis (counsel for Plaintiffs); Dean Sterling Kidd, Bradley W. Petersen - PHV and Bradley W. Smith (counsel for Defendants). The court will conduct a settlement conference and counsel are to advise by October 8, 2021 if their clients are available on the date suggested by the Court. (AB) |
| NOTICE of Hearing: Telephone Conference regarding scheduling a settlement conference set for 10/7/2021 at 10:00 AM before Magistrate Judge Robert H Walker. Counsel for Plaintiff will place the call to Judge Walker's Chambers (228-563-1755) with all necessary counsel on the line. (AB) |
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Filing 107
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert H Walker for all further proceedings. Magistrate Judge John C. Gargiulo no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 10/1/2021 (wld)
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| Parties should include the newly assigned Magistrate Judge's initials RHWR on future filings. (wld) |
| Docket Annotation as to Doc. #102. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings by including a brief description of each exhibit. (wld) |
| Filing 106 REPLY to Response to Motion re #86 MOTION to Exclude Plaintiff's Experts Donald R. Phillips and Stephen A. Batzer, Ph.D., #96 Response in Opposition,,,, filed by Ford Motor Company (Attachments: #1 Exhibit 1 - Analysis of Head Form Impacts, #2 Exhibit 2 - Daily Copy, dated 11-7-2006, #3 Exhibit 3 - Oral Deposition of Batzer)(Kidd, Dean) |
| Filing 105 REPLY to Response to Motion re #99 Response in Opposition,,,,,,,, #92 MOTION for Summary Judgment Partial filed by Ford Motor Company (Attachments: #1 Exhibit 1 - Comparison Chart)(Kidd, Dean) |
| Filing 104 REPLY to Response to Motion re #88 MOTION for Summary Judgment , #97 Response in Opposition,,,, filed by Ford Motor Company (Attachments: #1 Exhibit 1 - Accident report, #2 Exhibit 2 - Deposition Excerpts of Donald Phillips)(Kidd, Dean) |
| Filing 103 REPLY to Response to Motion re #98 Response in Opposition,,,,,, #90 MOTION to Exclude Expert Rick Psonak filed by Ford Motor Company (Attachments: #1 Exhibit 1 - Excerpts to Deposition of Rick Psonak)(Kidd, Dean) |
| Filing 102 MEMORANDUM in Support re #84 MOTION to Exclude (or Limit) the Testimony of Defendant's Expert Michael Carhert filed by Joel Kitchens (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K)(Ardis, Patrick) |
| Filing 101 MEMORANDUM IN SUPPORT re #100 Reply to Response to Motion, #84 MOTION to Exclude (or Limit) the Testimony of Defendant's Expert Michael Carhert, #85 Memorandum in Support of Motion filed by Ford Motor Company (Kidd, Dean) |
| Filing 100 REPLY to Response to Motion re #84 MOTION to Exclude (or Limit) the Testimony of Defendant's Expert Michael Carhert, #85 Memorandum in Support of Motion filed by Ford Motor Company (Attachments: #1 Exhibit 1 - Affidavit of M. Carhart, #2 Exhibit 2 - Excerpts of Depo. Batzer, #3 Exhibit 3 - Excerpts of Phillips)(Kidd, Dean) |
| Filing 99 Response in Opposition re #93 MEMORANDUM IN SUPPORT re #92 MOTION for Summary Judgment Partial filed by Ford Motor Company (Kidd, Dean), #92 MOTION for Summary Judgment Partial by Ford Motor Company (Attachments: #1 Exhibit 1 - Fed. Motor Vehicle Safety Standard, #2 Exhibit 2 - American National Standard for Safety Glazing, #3 Exhibit 3 - ejection Mitigation Report I, #4 Exhibit 4 - Ejection Mitigation Report II, #5 Exhibit 5 - Ejection Mitigation Adv. Glazing Final Report, #6 Exhibit 6 - 67 Fed Reg 41,365, 41367, #7 Exhibit 7 - 68 Fed Reg 43964, #8 Exhibit 8 - Final Rule 76 Fed Reg, #9 Exhibit 9 - Police Report, #10 Exhibit 10 - Securities and Exchange Commission)(Kidd, Dean) to Ford Motor Company's Motion for Partial Summary Judgment filed by Joel Kitchens (Attachments: #1 Exhibit 1 ANSI Z26.1-1996, #2 Exhibit 2 NHTSA, Ejection Mitigation 1995, #3 Exhibit 3 32 Fed. Reg. 2408, #4 Exhibit 4 Side Impact Protection - Passenger Cars, #5 Exhibit 5 NHTSA, Ejection Mitigation 1999, #6 Exhibit 6 NHTSA, Ejection Mitigation 2001, #7 Exhibit 7 67 Fed. Reg. 41,365, #8 Exhibit 8 NHTSA, Initiatives 2003, #9 Exhibit 9 NHTSA Vehicle Safety Rulemaking Priorities 2003-2006, #10 Exhibit 10 NHTSA Vehicle Safety Rulemaking 2005-2009, #11 Exhibit 11 VIN FSA Details, #12 Exhibit 12 Ford dealerships, #13 Exhibit 13 1958 Fredericks Report on Glazing, #14 Exhibit 14 Crash Test 116, #15 Exhibit 15 1969 Engineering Memo, #16 Exhibit 16 1971 NAAO Working Safety Committee Minutes, #17 Exhibit 17 1973 Pinto Crash Test 2661, #18 Exhibit 18 Laminated Side Glass White Paper, #19 Exhibit 19 Headform Impact Evaluation, #20 Exhibit 20 Bradford v. Ford Corp Rep Depo Excerpts, November 13, 2001, #21 Exhibit 21 Carhart Depo Excerpts, #22 Exhibit 22 Phillips Expert Report Excerpts, #23 Exhibit 23 Phillips Depo Excerpts, #24 Exhibit 24 Batzers Depo Excerpts, #25 Exhibit 25 Laminated Safety Glass, #26 Exhibit 26 Du Pont Research 1957, #27 Exhibit 27 Bigham v. Land Rover Deposition of Richard Morrison, October 26, 2000, #28 Exhibit 28 Carfax)(Esdale - PHV, R.) |
| Filing 98 Response in Opposition re #90 MOTION to Exclude Expert Rick Psonak by Ford Motor Company (Attachments: #1 Exhibit 1 - Psonak Report, #2 Exhibit 2 - Buckner Prosthetics Medical Records, #3 Exhibit 3 - Deposition Excerpts of Rick Psonak, #4 Exhibit 4 - Deposition Excerpts of Joel Kitchens, #5 Exhibit 5 - Deposition Excerpts of Barbieri, M.D.)(Kidd, Dean), #91 MEMORANDUM IN SUPPORT re #90 MOTION to Exclude Expert Rick Psonak filed by Ford Motor Company (Kidd, Dean) to Ford Motor Company's Motion to Strike or to Exclude Pick Psonak filed by Joel Kitchens (Attachments: #1 Exhibit 1 Psonak Depo Excerpts, #2 Exhibit 2 Plaintiff's Expert Disclosures, #3 Exhibit 3 Medical Releases, #4 Exhibit 4 Merit Health and Buckner Prosthetics Records, #5 Exhibit 5 Psonak Prosthetic Care Report, #6 Exhibit 6 Psonak CV, #7 Exhibit 7 Touch Solutions Support Manual, #8 Exhibit 8 Multi-Articulating Prostheses, #9 Exhibit 9 Analysis of Factors Influencing Outcomes, #10 Exhibit 10 Managing the Upper Extremity Amputee, #11 Exhibit 11 Managing the Upper Extremity Amputee, #12 Exhibit 12 Enhancing the Functional Envelope, #13 Exhibit 13 Pulse hand, #14 Exhibit 14 Preliminary Outcomes Comparing Function, #15 Exhibit 15 Individualizing Goals, #16 Exhibit 16 A survey of overuse problems, #17 Exhibit 17 Functional Outcomes, #18 Exhibit 18 Biomechanical analysis of users)(Esdale - PHV, R.) |
| Filing 97 Response in Opposition re #89 MEMORANDUM IN SUPPORT re #88 MOTION for Summary Judgment filed by Ford Motor Company (Kidd, Dean), #88 MOTION for Summary Judgment by Ford Motor Company (Attachments: #1 Exhibit 1 - Depo Excerpts of Joel Kitchens, #2 Exhibit 2 - Report of Donald Tandy, #3 Exhibit 3 - Report of Donald Phillips - Depo Excerpts of Beasley, #4 Exhibit 4 - Police Report, # 5 Exhibit 5 - Report of Jerry Lindsley, # 6 Exhibit 6 - Report of Stephen Batzer, # 7 Exhibit Deposition Excerpts of Donald Tandy, # 8 Exhibit 8 - Report of Michael Carhart, # 9 Exhibit 9 - Deposition Excerpts of Stephen Batzer, # 10 Exhibit 10 - Deposition Excerpts of Donald Phillips)(Kidd, Dean) to Ford's Motion for Summary Judgment filed by Joel Kitchens (Attachments: #1 Exhibit 1. Don Phillips Expert Report, #2 Exhibit 2. Excerpts from Batzer Depo, #3 Exhibit 3. Excerpts from Phillips Depo, #4 Exhibit 4. Stephen Batzer Expert Report)(Esdale - PHV, R.) |
| Filing 96 Response in Opposition re #86 MOTION to Exclude Plaintiff's Experts Donald R. Phillips and Stephen A. Batzer, Ph.D. by Ford Motor Company (Attachments: #1 Exhibit 1 - Crash Report, #2 Exhibit 2 - Report of Donald Tandy, #3 Exhibit 3 - Report of Donald Phillips, #4 Exhibit 4 - Deposition Excerptss of Donald Phillips, #5 Exhibit 5 - Report of Michael Carhart, #6 Exhibit 6 - Report of Stephen Batzer, #7 Exhibit 7 - Deposition Excerpts of Stephen Batzer)(Kidd, Dean), #87 MEMORANDUM IN SUPPORT re #86 MOTION to Exclude Plaintiff's Experts Donald R. Phillips and Stephen A. Batzer, Ph.D. filed by Ford Motor Company (Kidd, Dean) filed by Joel Kitchens (Attachments: #1 Exhibit 1. 2019 Published Paper on ASME, #2 Exhibit 2. Phillips Affidavit, #3 Exhibit 3. Excerpts from Phillips Deposition, #4 Exhibit 4. Batzer Affidavit, #5 Exhibit 5. Excerpts from Carhart Deposition, #6 Exhibit 6. Excerpts from Batzer Deposition, #7 Exhibit 7. Batzer CV, #8 Exhibit 8. Phillips CV, #9 Exhibit 9. Batzer Expert Report, #10 Exhibit 10. Phillips Expert Report)(Esdale - PHV, R.) |
| NOTICE of CANCELLED Calendar Setting. Due to a conflict with the Court, the Settlement Conference set for 9/16/2021 is CANCELLED and will be reset for a future date and time. (AB) |
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AMENDED TEXT ONLY ORDER amending Text Only Order filed 08/23/2021 which granted Defendant's Motion #95 for Leave to Place Exhibits Under Restricted Access or Under Seal. The Clerk of Court shall restrict, pursuant to Local Rule 79(e)(3)(B)(2), access to case participants and Court users only, Exhibits [86-1] to Defendant's Motion #86 to Exclude Plaintiff's Experts Donald R. Phillips and Stephen A. Batzer. The Clerk of Court shall also restrict, pursuant to Local Rule 79(e)(3)(B)(2), access to case participants and Court users only, Exhibits [88-4] to Defendant's Motion #88 for Summary Judgment. Defendant need not submit to the Clerk of Court a Notice of Conventional Filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on 08/27/2021 (BTC)
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TEXT ONLY ORDER granting Defendant's Motion #95 for Leave to Place Exhibits Under Restricted Access or Under Seal. Defendant's request is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. The Clerk of Court shall file, pursuant to Local Rule 79(e)(3)(B)(2), as restricted access to case participants and Court users only, Exhibits [86-1] to Defendant's Motion #86 to Exclude Plaintiff's Experts Donald R. Phillips and Stephen A. Batzer. The Clerk of Court shall also file, pursuant to Local Rule 79(e)(3)(B)(2), as restricted access to case participants and Court users only, Exhibits [88-4] to Defendant's Motion #88 for Summary Judgment. Defendant shall submit to the Clerk of Court a Notice of Conventional Filing along with the documents to be filed restricted access. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on 08/23/2021 (BTC)
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| Filing 95 Unopposed MOTION to RESTRICT from public Ford Motor Company's Motion to Place Exhibits Under Restricted Access or Under Seal by Ford Motor Company (Kidd, Dean) |
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TEXT ONLY ORDER granting as unopposed Plaintiff's Motion #94 for Extension of Time to File a Response to Defendant's Motions #88 #92 for Summary Judgment and Motion #90 to Exclude Plaintiff's Expert, and Defendant's request for Extension of Time to File a Response to Plaintiff's Motion #84 to Exclude Defendant's Expert. Plaintiff's Response to Defendant's Motions #88 #90 #92 is now due on or before September 13, 2021, and Defendant's Reply is now due on or before September 27, 2021. The Defendant's Response to Plaintiff's Motion #84 is now due on or before September 13, 2021, and Plaintiff's Reply is now due on or before September 27, 2021. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 08/20/2021 (BTC)
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| Filing 94 Unopposed MOTION to Extend Response to Dispositive Motions Deadline by Joel Kitchens (Esdale - PHV, R.) |
| Docket Annotation as to Doc. #84. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings by including a brief description of each exhibit and an exhibit letter or number on each exhibit. (wld) |
| Filing 93 MEMORANDUM IN SUPPORT re #92 MOTION for Summary Judgment Partial filed by Ford Motor Company (Kidd, Dean) |
| Filing 92 MOTION for Summary Judgment Partial by Ford Motor Company (Attachments: #1 Exhibit 1 - Fed. Motor Vehicle Safety Standard, #2 Exhibit 2 - American National Standard for Safety Glazing, #3 Exhibit 3 - ejection Mitigation Report I, #4 Exhibit 4 - Ejection Mitigation Report II, #5 Exhibit 5 - Ejection Mitigation Adv. Glazing Final Report, #6 Exhibit 6 - 67 Fed Reg 41,365, 41367, #7 Exhibit 7 - 68 Fed Reg 43964, #8 Exhibit 8 - Final Rule 76 Fed Reg, #9 Exhibit 9 - Police Report, #10 Exhibit 10 - Securities and Exchange Commission)(Kidd, Dean) |
| Filing 91 MEMORANDUM IN SUPPORT re #90 MOTION to Exclude Expert Rick Psonak filed by Ford Motor Company (Kidd, Dean) |
| Filing 90 MOTION to Exclude Expert Rick Psonak by Ford Motor Company (Attachments: #1 Exhibit 1 - Psonak Report, #2 Exhibit 2 - Buckner Prosthetics Medical Records, #3 Exhibit 3 - Deposition Excerpts of Rick Psonak, #4 Exhibit 4 - Deposition Excerpts of Joel Kitchens, #5 Exhibit 5 - Deposition Excerpts of Barbieri, M.D.)(Kidd, Dean) |
| Filing 89 MEMORANDUM IN SUPPORT re #88 MOTION for Summary Judgment filed by Ford Motor Company (Kidd, Dean) |
| Filing 88 MOTION for Summary Judgment by Ford Motor Company (Attachments: #1 Exhibit 1 - Depo Excerpts of Joel Kitchens, #2 Exhibit 2 - Report of Donald Tandy, #3 Exhibit 3 - Report of Donald Phillips - Depo Excerpts of Beasley, #4 Exhibit 4 - Police Report, #5 Exhibit 5 - Report of Jerry Lindsley, #6 Exhibit 6 - Report of Stephen Batzer, #7 Exhibit Deposition Excerpts of Donald Tandy, #8 Exhibit 8 - Report of Michael Carhart, #9 Exhibit 9 - Deposition Excerpts of Stephen Batzer, #10 Exhibit 10 - Deposition Excerpts of Donald Phillips)(Kidd, Dean) |
| Filing 87 MEMORANDUM IN SUPPORT re #86 MOTION to Exclude Plaintiff's Experts Donald R. Phillips and Stephen A. Batzer, Ph.D. filed by Ford Motor Company (Kidd, Dean) |
| Filing 86 MOTION to Exclude Plaintiff's Experts Donald R. Phillips and Stephen A. Batzer, Ph.D. by Ford Motor Company (Attachments: #1 Exhibit 1 - Crash Report, #2 Exhibit 2 - Report of Donald Tandy, #3 Exhibit 3 - Report of Donald Phillips, #4 Exhibit 4 - Deposition Excerptss of Donald Phillips, #5 Exhibit 5 - Report of Michael Carhart, #6 Exhibit 6 - Report of Stephen Batzer, #7 Exhibit 7 - Deposition Excerpts of Stephen Batzer)(Kidd, Dean) |
| Filing 85 MEMORANDUM in Support re #84 MOTION to Exclude (or Limit) the Testimony of Defendant's Expert Michael Carhert filed by Joel Kitchens (Ardis, Patrick) |
| Filing 84 MOTION to Exclude (or Limit) the Testimony of Defendant's Expert Michael Carhert by Joel Kitchens (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Ardis, Patrick) |
| Pro Hac Vice fee paid for S. Scott West receipt number AMSSDC-4633626 $ 100 (Ardis, Patrick) |
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TEXT ONLY ORDER granting #83 Motion to Appear Pro Hac Vice. That Attorney S. Scott West be admitted pro hac vice in this case on behalf of Plaintiff Joel Kitchens in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 8/9/2021 (AB)
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| Filing 83 MOTION for S. Scott West to Appear Pro Hac Vice by Joel Kitchens (Attachments: #1 Exhibit Certificates of Good Standing)(Ardis, Patrick) |
| Filing 82 Response in Opposition re #81 MOTION for Leave from Scheduling Order to take Deposition of Treating Physician by Joel Kitchens (Esdale - PHV, R.) filed by Ford Motor Company (Kidd, Dean) |
| Filing 81 MOTION for Leave from Scheduling Order to take Deposition of Treating Physician by Joel Kitchens (Esdale - PHV, R.) |
| Filing 80 NOTICE to Take Deposition of Edna Craddieth and Rick Psonak by Ford Motor Company (Kidd, Dean) |
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Filing 79
ORDER quashing amended notice of deposition #34 ; resolving Defendant's #44 Motion for Protective Order. Signed by Magistrate Judge John C. Gargiulo on 7/15/2021 (HM)
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| DOCKET ANNOTATION as to # 78. Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. Clerk's Office has saved the attached subpoena in the correct format and replaced the incorrectly saved document. (JCH) |
| Filing 78 NOTICE OF INTENT TO SERVE SUBPOENA on Autoliv ASP, Inc. by Joel Kitchens (Attachments: #1 Attachment Subpoena)(Ardis, Patrick) (Attachment 1 replaced on 7/12/2021) (JCH). |
| Filing 77 NOTICE of Service of Plaintiff's Supplemental Response to Request for Production by Joel Kitchens (Esdale - PHV, R.) |
| DOCKET ANNOTATION as to #76: Notice and exhibit are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (RLW) |
| Filing 76 NOTICE to Take Deposition of Stephen A. Batzer, Ph.D. by Ford Motor Company (Kidd, Dean) |
| Filing 75 NOTICE to Take Deposition of Ford Motor Company Employee, Desi Ujkashevic by Joel Kitchens (Ardis, Patrick) |
| Filing 74 NOTICE to Take Deposition of Head of Automotive Safety for Ford Motor Company by Joel Kitchens (Ardis, Patrick) |
| Filing 73 NOTICE to Take Deposition of Ford Motor Company Head of the Automotive Safety Office Subgroup responsible for tracking or gathering early warning field materials by Joel Kitchens (Ardis, Patrick) |
| Filing 72 NOTICE to Take Deposition of Ford Motor Company Head of Automotive Safety Office Subgroup by Joel Kitchens (Ardis, Patrick) |
| Filing 71 NOTICE to Take Deposition of Michael Carhart, Ph.D. by Joel Kitchens (Ardis, Patrick) |
| Filing 70 NOTICE to Take Deposition of Donald Tandy by Joel Kitchens (Esdale - PHV, R.) |
| DOCKET ANNOTATION as to # 69. The Notice to Take Deposition and exhibits are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (JCH) |
| DOCKET ANNOTATION as to # 71. The Notice to Take Deposition and exhibits are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (JCH) |
| Filing 69 NOTICE to Take Deposition of Donald R. Phillips by Ford Motor Company (Kidd, Dean) |
| Filing 68 NOTICE of Appearance by Grant M. Tarleton on behalf of Ford Motor Company (Tarleton, Grant) |
| Filing 67 NOTICE to Take Deposition of Michael Carhart, Ph.D. by Joel Kitchens (Ardis, Patrick) |
| Filing 66 NOTICE to Take Deposition of Dr. Rocco Barbieri by Joel Kitchens (Esdale - PHV, R.) |
| DOCKET ANNOTATION as to # 65. Attorney is advised that this document is not a Notice to Take Deposition, but a generic Notice of Service, which is not necessary. Attorney is directed to prepare a correct Notice to Take Deposition and re-file using the same event. This document will be disregarded on the docket. (JCH) |
| Filing 65 **DISREGARD**NOTICE to Take Deposition of Dr. Rocco Barbieri by Joel Kitchens (Esdale - PHV, R.) Modified on 6/15/2021 (JCH). |
| DOCKET ANNOTATION as to #64. Incorrect event code selected. Counsel should have selected "Reply to Response to Motion" which can be found under "Responses and Replies". Counsel does not need to refile. (wld) |
| Filing 64 RESPONSE in Support re #44 MOTION for Protective Order Regarding Plaintiff's Notice of Deposition filed by Ford Motor Company (Kidd, Dean) |
| Filing 63 NOTICE to Take Deposition of Stephen A. Batzer, Ph.D. by Ford Motor Company (Kidd, Dean) |
| Filing 62 NOTICE OF INTENT TO SERVE SUBPOENA Eligah Jones by Ford Motor Company (Attachments: #1 Exhibit 1 - Subpoena of Eligah Jones)(Kidd, Dean) |
| Filing 61 NOTICE to Take Deposition of Plaintiff's sister, Joe Kitchens, Timothy Hall, Eligah Jones, Blake Goodwin, Joshua Beasley by Ford Motor Company (Kidd, Dean) |
| Filing 60 Subpoena Returned Executed as to Rainforest Carwash. (Kidd, Dean) |
| Filing 59 Subpoena Returned Executed as to IP Casino Resort. (Kidd, Dean) |
| Filing 58 (DISREGARD)AFFIDAVIT of Service for Subpoena served on Adrenne Riley, Rainforest Carwash and Oil Change on 05/28/2021, filed by Ford Motor Company. (Kidd, Dean) Modified on 6/8/2021 (wld). |
| Filing 57 (DISREGARD)AFFIDAVIT of Service for Subpoena served on Kyra Monk, IP Casino Resort and Spa on 05/28/2021, filed by Ford Motor Company. (Kidd, Dean) Modified on 6/8/2021 (wld). |
| DOCKET ANNOTATION as to #57 & #58. Incorrect event code selected. Counsel should refile using the event code "Subpoena Returned" which can be found under "Service of Process". Document #57 & #58 will be disregarded. (wld) |
| Filing 56 RESPONSE in Opposition re #44 MOTION for Protective Order Regarding Plaintiff's Notice of Deposition filed by Joel Kitchens (Attachments: #1 Exhibit "A" Email correspondence, #2 Exhibit "B" Eikey Deposition)(Esdale - PHV, R.) |
| Filing 55 NOTICE OF INTENT TO SERVE SUBPOENA by Ford Motor Company (Attachments: #1 Exhibit 1 - SDT Estes Tire, #2 Exhibit 2 - IP Casino Resort and Spa, #3 Exhibit 3 - Direct General Insurance, #4 Exhibit 4 - Rainforest Carwash and Oil Change)(Kidd, Dean) |
| Filing 54 NOTICE to Take Deposition of Donald R. Phillips by Ford Motor Company (Kidd, Dean) |
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TEXT ONLY ORDER granting #52 Joint MOTION to Extend Discovery and Motion Deadlines. The discovery deadline is extended to 8/2/21. The deadline for dispositive and Daubert motions is extended to 8/16/21. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 5/20/21 (HM)
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| Filing 53 NOTICE to Take Deposition of Donald Phillips by Ford Motor Company (Kidd, Dean) |
| Filing 52 Joint MOTION to Extend Discovery and Motion Deadline by Ford Motor Company (Kidd, Dean) |
| Filing 51 NOTICE of Service of Response to Interrogatories by Ford Motor Company (Kidd, Dean) |
| Filing 50 NOTICE to Take Deposition of Donald Phillips by Ford Motor Company (Kidd, Dean) |
| Filing 49 NOTICE of Appearance by Mary Leah Miller on behalf of Joel Kitchens (Miller, Mary) |
| Filing 48 NOTICE to Take Deposition of Dr. Rocco Barbieri by Joel Kitchens (Esdale - PHV, R.) |
| Filing 47 NOTICE to Take Deposition of Jerry Lindsley by Joel Kitchens (Ardis, Patrick) Modified on 5/17/2021 (wld). |
| Filing 46 NOTICE of Appearance by Bradley W. Smith on behalf of Ford Motor Company (Smith, Bradley) |
| Filing 45 MEMORANDUM IN SUPPORT re #44 MOTION for Protective Order Regarding Plaintiff's Notice of Deposition filed by Ford Motor Company (Kidd, Dean) |
| Filing 44 MOTION for Protective Order Regarding Plaintiff's Notice of Deposition by Ford Motor Company (Attachments: #1 Exhibit A - Dec. of Christopher L. Eikey, #2 Exhibit B - Production letters, #3 Exhibit C - FMC Initial Disclosure Statement, #4 Exhibit D - Expert Excerpts, #5 Exhibit E - Amended Notice of Deposition, #6 Exhibit F - FMC Response to Amended Notice of Deposition, #7 Exhibit G - 03-14-2021 Email from P. Ardis, #8 Exhibit H - Pls. Sec. Amended Notice of Depositon (Valasquez), #9 Exhibit I - Good Faith Certificate)(Kidd, Dean) |
| Filing 43 NOTICE of Service of Response to Request for Admissions by Ford Motor Company (Kidd, Dean) |
| Filing 42 NOTICE to Take Deposition of Donald Phillips by Ford Motor Company (Kidd, Dean) |
| Filing 41 NOTICE to Take Deposition of Plaintiff Joel Kitchens by Ford Motor Company (Kidd, Dean) |
| Filing 40 NOTICE to Take Deposition of Anita Mast by Ford Motor Company (White, Robert) |
| Filing 39 NOTICE to Take Deposition of Jamie Farmer by Ford Motor Company (White, Robert) |
| Filing 38 First NOTICE of Service of Plaintiff's First Set of Interrogatories to Defendant Ford Motor Company Interrogatories by Joel Kitchens (Ardis, Patrick) |
| Filing 37 NOTICE of Service of Plaintiff's First Set of Requests for Admissions to Ford Motor Company Request for Admissions by Joel Kitchens (Ardis, Patrick) |
| Filing 36 NOTICE OF INTENT TO SERVE SUBPOENA Stone County Sheriff's Department by Ford Motor Company (Attachments: #1 Exhibit 1 - SDT Stone County Sheriff's Department)(White, Robert) |
| Filing 35 NOTICE of Service of Designation of Experts by Ford Motor Company (Kidd, Dean) |
| Filing 34 NOTICE to Take Deposition of Rule 30(b)(1) Representative of Defendant, Ford Motor Company by Joel Kitchens (Ardis, Patrick) |
| Filing 33 NOTICE to Take Deposition of Charles Willison by Ford Motor Company (Kidd, Dean) |
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TEXT ONLY AMENDED SCHEDULING ORDER: The Settlement Conference is reset for 9/16/2021 at 1:30 PM in Chambers 870 (Gulfport) before Magistrate Judge John C. Gargiulo. Counsel are instructed to submit to Judge Gargiulo, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via e-mail (gargiulo_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 3/22/2021 (AB)
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TEXT ONLY ORDER granting #32 Unopposed Motion to Extend Deadlines. The deadline for discovery is extended an additional thirty (30) days to June 21, 2021 and the deadline for filing dispositive motions is extended an additional thirty (30) days to July 7, 2021. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/22/21 (HM)
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| Docket Annotation as to Doc. #32. Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (wld) |
| Filing 32 Unopposed MOTION to Extend Discovery and dispositive motions Deadline by Joel Kitchens (Attachments: #1 Attachment Proposed Order)(Ardis, Patrick) |
| Filing 31 NOTICE to Take Deposition of Juanita Hill, Laton Hill and Candace Lizana by Ford Motor Company (Kidd, Dean) |
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TEXT ONLY ORDER granting #30 Motion to Appear Pro Hac Vice of Bradley W. Petersen. Bradley W. Petersen is admitted pro hac vice in this case on behalf of Defendant Ford Motor Company in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 3/17/2021 (AB)
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| Filing 30 MOTION for Bradley W. Petersen to Appear Pro Hac Vice by Ford Motor Company (Attachments: #1 Exhibit A - Certificate of Good Standing)(Kidd, Dean) |
| Filing 29 (DISREGARD)ATTACHMENT re Pro Hac Vice fee paid by Ford Motor Company (Attachments: #1 Exhibit A - Certificate of Good Standing)(Kidd, Dean) Modified on 3/16/2021 (wld). |
| Pro Hac Vice fee paid for Bradley W. Petersen receipt number 0538-4506936 $ 100 (Kidd, Dean) |
| DOCKET ANNOTATION as to #29. Incorrect event code selected. Counsel should refile this document as a Motion and select the relief "to appear pro hac vice". Document #29 should be disregarded. (wld) |
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Filing 28
AGREED PROTECTIVE ORDER, granting #27 Motion for Protective Order. Signed by Magistrate Judge John C. Gargiulo on 3/10/21 (HM)
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| Filing 27 Unopposed MOTION for Protective Order by Ford Motor Company (Kidd, Dean) |
| Filing 26 NOTICE of Service of Plaintiff's Designation of Experts by Joel Kitchens (Esdale - PHV, R.) |
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TEXT ONLY AMENDED SCHEDULING ORDER: The Settlement Conference is reset for 8/2/2021 at 1:30 PM in Chambers 870 (Gulfport) before Magistrate Judge John C. Gargiulo. Counsel are instructed to submit to Judge Gargiulo, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via e-mail (gargiulo_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 12/28/2020 (AB)
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TEXT ONLY ORDER granting #25 Joint MOTION to extend the expert disclosure deadlines, discovery deadline, and motions deadline by sixty (60) days. Plaintiff's deadline for designating experts is extended to 2/22/21. Defendant's deadline for designating experts is extended to 4/5/21. The discovery deadline is extended to 5/21/21. The deadline for dispositive and Daubert-type motion is extended to 6/7/21. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/21/20 (HM)
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| Filing 25 Consent MOTION to Extend Three Deadlines in CMO Deadline by Ford Motor Company (Kidd, Dean) |
| Filing 24 NOTICE of Service of Response to Request for Production by Ford Motor Company (Kidd, Dean) |
| Filing 23 NOTICE of Service of First Set of Request for Production by Joel Kitchens (Ardis, Patrick) |
| Filing 22 NOTICE of Service of Response to Request for Production by Joel Kitchens (Esdale - PHV, R.) |
| Filing 21 NOTICE of Service of Response to Interrogatories by Joel Kitchens (Esdale - PHV, R.) |
| Docket Annotation as to Doc. #21. Attorney is advised when filing a document with combined discovery, each part of discovery must be filed separately and listed in the Notice of Service found under the discovery Documents category [L.U.Civ.R. 5(d)(3) Official form no. 2(b)]. The same PDF document may be used for each filing. Counsel should file document #21 again using the event code "Notice of Service of Response to Request for Production of Documents". (wld) |
| Filing 20 NOTICE of Service of First Request for Production by Ford Motor Company (Kidd, Dean) |
| Filing 19 NOTICE of Service of First Interrogatories by Ford Motor Company (Kidd, Dean) |
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TEXT ONLY ORDER granting #18 unopposed Motion to Extend Deadlines for Experts. The deadline for Plaintiff to designate experts is 12/22/2020. The deadline for Defendant to designate experts is 2/2/2021. Signed by Magistrate Judge John C. Gargiulo on 8/19/20 (HM)
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| Filing 18 Unopposed MOTION to Extend Expert Disclosure Deadline by Joel Kitchens (Esdale - PHV, R.) |
| Filing 17 NOTICE of Service of Initial Disclosure by Ford Motor Company (Kidd, Dean) |
| Filing 16 NOTICE of Service of Plaintiff's Initial Disclosures Disclosure by Joel Kitchens (Esdale - PHV, R.) |
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Filing 15
AMENDED CASE MANAGEMENT ORDER: Disclosure due by 8/5/2020. Confidentiality Protective Order due 8/14/2020. Jury Trial set for a three week trial calendar beginning on 2/7/2022 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 1/18-20/2022 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 3/22/2021. Motions for Amended Pleadings due by 8/21/2020. Motions for Joinder of Parties due by 8/21/2020. Designate Experts Plaintiff Deadline due by 10/23/2020. Designate Experts for Defendant Deadline due by 12/4/2020. Motions due by 4/5/2021. Settlement Conference set for 6/22/2021 at 9:30 AM in Chambers 870 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 1/11/2022. Proposed Pretrial Order due by 1/18/2022. EDT: 10 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 8/3/2020 (AB)
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TEXT ONLY ORDER. The parties are to submit their agreed Confidentiality Protective Order on or before August 14, 2020. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 7/31/2020 (AB)
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| Filing 14 NOTICE OF INTENT TO SERVE SUBPOENA by Ford Motor Company (Attachments: #1 Exhibit 1)(White, Robert) Modified on 7/30/2020 (wld). |
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Filing 13
CASE MANAGEMENT ORDER: Disclosure due by 8/5/2020. Confidentiality Protective Order due 7/31/2020. Jury Trial set for a three week trial calendar beginning on 2/7/2022 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 1/18-20/2022 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 3/22/2021. Motions for Amended Pleadings due by 8/21/2020. Motions for Joinder of Parties due by 8/21/2020. Designate Experts Plaintiff Deadline due by 10/23/2020. Designate Experts for Defendant Deadline due by 12/4/2020. Motions due by 4/5/2021. Settlement Conference set for 6/22/2021 at 9:30 AM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 1/11/2022. Proposed Pretrial Order due by 1/18/2022. EDT: 10 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 7/22/2020 (AB)
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| Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 7/22/2020. PARTICIPANTS: S. Robert Hammond, Jr., Patrick M. Ardis and R. Graham Esdale, Jr. - PHV (counsel for Plaintiff); Dean Sterling Kidd (counsel for Defendant). A Case Management Order will be entered. (AB) |
| Filing 12 NOTICE of Appearance by Patrick M. Ardis on behalf of All Plaintiffs (Ardis, Patrick) |
| Filing 11 Corporate Disclosure Statement by Ford Motor Company (White, Robert) |
| Reset Hearing: At the request of Defense, the Telephonic Case Management Conference is RESET for 7/22/2020 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel will follow all other instructions given in the Rule 16(a) Initial Order. (AB) |
| Filing 10 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 6/23/2020 at 10:30 AM before Magistrate Judge John C. Gargiulo. (AB) |
| Filing 9 ANSWER to #8 Amended Complaint by Ford Motor Company.(Kidd, Dean) |
| DOCKET ANNOTATION as to #8. No case number on document. Counsel should include the case number on future filings. Also, L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings by also including a brief description of any exhibits. Counsel does not need to refile. (wld) |
| Filing 8 AMENDED COMPLAINT Agreed to Amended Complaint against Ford Motor Company, filed by Joel Kitchens. (Attachments: #1 Exhibit "A")(Esdale - PHV, R.) |
| Filing 7 RESPONSE to Motion re #5 MOTION for Extension of Time to File Answer re #1 Complaint filed by Joel Kitchens (Hammond, S.) |
| Filing 6 NOTICE of Appearance by Dean Sterling Kidd on behalf of Ford Motor Company (Kidd, Dean) |
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TEXT ONLY ORDER granting #5 unopposed MOTION for Extension of Time to File Answer re #1 Complaint, filed by Ford Motor Company. Ford Motor Company is granted an extension of time until May 11, 2020 to respond to Plaintiff's Complaint. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 4/24/20 (HM)
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| Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint by Ford Motor Company (White, Robert) |
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TEXT ONLY ORDER granting #4 Motion to Appear Pro Hac Vice of R. Graham Esdale, Jr. R. Graham Esdale, Jr. is admitted pro hac vice in this case on behalf of Plaintiff Joel Kitchens in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 4/23/2020 (AB)
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| Filing 4 MOTION for R. Graham Esdale, Jr. to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4257737) by Joel Kitchens (Attachments: #1 Attachment Certificate of Good Standing for R. Graham Esdale, Jr.)(Hammond, S.) |
| Filing 3 SUMMONS Returned Executed by Joel Kitchens. Ford Motor Company served on 3/31/2020, answer due 4/21/2020. (Hammond, S.) |
| Filing 2 Summons Issued as to Ford Motor Company. (JCH) |
| Filing 1 COMPLAINT against Ford Motor Company (Filing fee $ 400; receipt number 0538-4241007), filed by Joel Kitchens. Jury trial requested. (Attachments: #1 Civil Cover Sheet)(JCH) |
| Emailed issued summons to Plaintiff's attorney. (JCH) |
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