Leon v. Dale et al
| Vincent Leon |
| John Dale, IV, Patrick P. Burns, Jr., Bad Boy Enterprises, L.L.C., BB Buggies, Inc. D/B/A Bad Boy Buggies, E-Z GO and Textron, Inc. |
| 5:2015cv00072 |
| July 24, 2015 |
| US District Court for the Southern District of Mississippi |
| Western Office |
| Adams |
| David C Bramlette |
| Michael T Parker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 2, 2015. A more recent docket listing may be available from PACER.
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Filing 63
ORDER remanding this case to the Circuit Court of Adams County, MS. Signed by Honorable David C. Bramlette, III on 9/2/15. (RRL)
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Filing 62
ORDER denying #34 Motion for Hearing; granting #36 Motion for Leave to File; denying #37 Motion in Limine; denying #39 Motion in Limine; denying #44 Motion to Stay Proceedings; denying #47 Motion for Summary Judgment; denying #48 Motion to Bifurcate; denying #49 Motion to Exclude; denying #50 Motion to Exclude; denying #51 Motion in Limine; denying #52 Motion in Limine; denying #53 Motion to Exclude; granting #9 Motion to Remand; denying request for attorneys fees and costs; granting #11 Motion to Expedite; denying #25 Motion to Compel; denying #26 Motion to Compel Signed by Honorable David C. Bramlette, III on 9/2/2015 (ECW)
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| Remark: Certified copy of Order [doc. 63] mailed to Adams County Circuit Clerk, 115 South Wall Street, Natchez, MS 39120. (RRL) |
| Filing 61 Joinder in Document by BB Buggies, Inc., Textron, Inc. to #58 Notice (Other), filed by John Dale, IV, Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr. (McDaniel, Keith) |
| Filing 60 NOTICE OF INTENTION TO FILE MOTIONS TO EXCLUDE DEFENDANTS' DESIGNATED EXPERTS' OPINIONS by Vincent Leon (Stutzman, Jacob) |
| Filing 59 RESPONSE in Opposition re #39 MOTION in Limine TO PRECLUDE ALL SEAT BELT RELATED EVIDENCE filed by BB Buggies, Inc., Textron, Inc. (Attachments: #1 Exhibit A)(McDaniel, Keith) |
| Filing 58 NOTICE of Intent to Respond to Plaintiffs' Pending Motions by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV re #39 MOTION in Limine TO PRECLUDE ALL SEAT BELT RELATED EVIDENCE, #37 MOTION in Limine OMNIBUS (Thomas, William) |
| Filing 57 Joinder in Document by BB Buggies, Inc., Textron, Inc. to #53 MOTION to Exclude the Testimony of Proffered Damages Expert Bruce H. Brawner filed by John Dale, IV, Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr. (McDaniel, Keith) |
| Filing 56 Joinder in Document by BB Buggies, Inc., Textron, Inc. to #51 MOTION in Limine to Exclude Evidence of Subsequent Remedial Measures filed by John Dale, IV, Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr. (McDaniel, Keith) |
| Filing 55 Joinder in Document by BB Buggies, Inc., Textron, Inc. to #50 MOTION to Exclude Opinions of Mark Kittel filed by John Dale, IV, Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr. (McDaniel, Keith) |
| Filing 54 Joinder in Document by BB Buggies, Inc., Textron, Inc. to #49 MOTION to Exclude Opinions of Andrew Irwin filed by John Dale, IV, Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr. (McDaniel, Keith) |
| Filing 53 MOTION to Exclude the Testimony of Proffered Damages Expert Bruce H. Brawner by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 52 MOTION in Limine Omnibus by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Miller, Robert) |
| Filing 51 MOTION in Limine to Exclude Evidence of Subsequent Remedial Measures by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Miller, Robert) |
| Filing 50 MOTION to Exclude Opinions of Mark Kittel by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 49 MOTION to Exclude Opinions of Andrew Irwin by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 48 MOTION to Bifurcate by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 47 MOTION for Summary Judgment by Bad Boy Enterprises, L.L.C. (Thomas, William) |
| Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Motion Hearing held on 8/21/2015 re #44 Emergency MOTION to Stay Proceedings and for Order Suspending State Court Scheduling Order filed by John Dale, IV, Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr. The court heard arguments on the motion. The motion was taken under advisement. PARTICIPANTS: Chad Mask and Jacob Stutzman for plaintiff; Will Thomas for John Dale, IV, Patrick P. Burns, Jr., and Bad Boy Enterprises, L.L.C.; Lance Williams for BB Buggies, Inc. and Textron, Inc. (KPM) |
| Filing 46 RESPONSE to Motion re #44 Emergency MOTION to Stay Proceedings and for Order Suspending State Court Scheduling Order filed by Vincent Leon (Warren, James) |
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TEXT ONLY ORDER finding that the Emergency Motion for Stay #44 should be afforded expedited consideration. Any response to the motion shall be filed on or before August 20, 2015. The Court will conduct a telephonic hearing on the matter on August 21, 2015 at 10:00 a.m. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge Michael T. Parker on August 19, 2015. (ES)
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| Set/Reset Hearings: Telephone Conference set for 8/21/2015 10:00 AM before Magistrate Judge Michael T. Parker regarding the Emergency Motion for Stay #44 . The parties are to dial 1.888.273.3658, code 1055457 to connect to the call. (ES) |
| Filing 45 Joinder in Document by BB Buggies, Inc., Textron, Inc. to #44 Emergency MOTION to Stay Proceedings and for Order Suspending State Court Scheduling Order filed by John Dale, IV, Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr. (McDaniel, Keith) |
| Filing 44 Emergency MOTION to Stay Proceedings and for Order Suspending State Court Scheduling Order by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Attachments: #1 Exhibit A - Emails between J. Warren and R. Miller dated August 4-5, 2015, #2 Exhibit B - Agreed Scheduling Order & Agreed Order Extending Certain Deadlines)(Miller, Robert) |
| Filing 43 RESPONSE to Motion re #36 MOTION for Leave to File Sur-Reply to Plaintiffs' Motion to Remand filed by Vincent Leon (Warren, James) |
| Filing 42 MEMORANDUM IN SUPPORT re #37 MOTION in Limine OMNIBUS filed by Vincent Leon (Warren, James) |
| Filing 41 MEMORANDUM IN SUPPORT re #37 MOTION in Limine OMNIBUS filed by Vincent Leon (Warren, James) |
| Filing 40 MEMORANDUM IN SUPPORT re #39 MOTION in Limine TO PRECLUDE ALL SEAT BELT RELATED EVIDENCE filed by Vincent Leon (Warren, James) |
| Filing 39 MOTION in Limine TO PRECLUDE ALL SEAT BELT RELATED EVIDENCE by Vincent Leon (Attachments: #1 Exhibit A - Excerpts from Deposition of Jean-Ah Leon, #2 Exhibit B - Irwin Report, #3 Exhibit C - October 26, 2011 Recall Notice, #4 Exhibit D - Report of Metallurgist Lisa Eastep, #5 Exhibit E - Excerpts from William Newberry Report, #6 Exhibit F - Excerpts from Deposition of William Newberry, #7 Exhibit G - Mark Kittel Report, #8 Exhibit H - Owner's Manual, #9 Exhibit I - Email produced as CHAR-0017-0018)(Warren, James) |
| Filing 38 MEMORANDUM IN SUPPORT re #37 MOTION in Limine OMNIBUS filed by Vincent Leon (Warren, James) |
| Filing 37 MOTION in Limine OMNIBUS by Vincent Leon (Attachments: #1 Exhibit A - Gillen Designation, #2 Exhibit B - June 25, 2015 Hearing Transcript, #3 Exhibit C - Sheriff's Accident Report, #4 Exhibit D - Williams Affidavit, #5 Exhibit E - Excerpts from Deposition of Jimmy Woodard, #6 Exhibit F - Combined LSU Shreveport Discharge Summary and Excerpts of Newberry Report, #7 Exhibit G - Excerpts from Deposition of Vince Leon, #8 Exhibit H - June 29, 2015 Correspondence, #9 Exhibit I - Shelton Report, #10 Exhibit J - Excerpts from Deposition of Dr. Vogel)(Warren, James) |
| DOCKET ANNOTATION as to #41 . Incorrect PDF document attached. Attorney is directed to refile and attach the correct PDF document. (ND) |
| DOCKET ANNOTATION as to #38 . Incorrect PDF document attached. Attorney is directed to refile and attach the correct PDF document. (ND) |
| Filing 36 MOTION for Leave to File Sur-Reply to Plaintiffs' Motion to Remand by BB Buggies, Inc., Textron, Inc. (Attachments: #1 Exhibit 1 - Reply to Plts Rebuttal)(Jicka, Mark) |
| Filing 35 Rebuttal re #33 Response in Opposition to Motion,, Rebuttal in Support of Motion to Remand filed by Vincent Leon (Warren, James) |
| Pro Hac Vice fee paid by Lance B. Williams, $ 100, receipt number 34643034771. (ND) |
| Filing 34 MOTION for (Oral Argument on Response Memorandum in Opposition to Plaintiffs' Motion to Remand) Hearing by BB Buggies, Inc., Textron, Inc. (Attachments: #1 Exhibit A - Email correspondence, #2 Exhibit B - 7 28 2015 Letter, #3 Exhibit C - 8 4 2015 Email corr., #4 Exhibit D - Kittel Report, #5 Exhibit E - Irwin Report, #6 Exhibit F - Eastep Report, #7 Exhibit G - Eastep deposition, #8 Exhibit H - Irwin deposition, #9 Exhibit I - Kittel deposition)(Jicka, Mark) |
| Filing 33 RESPONSE in Opposition re #9 MOTION to Remand Urgent and Necessitous Expedited Review Requested filed by BB Buggies, Inc., Textron, Inc. (Attachments: #1 Exhibit A - Email correspondence, #2 Exhibit B - 7 28 2015 Letter, #3 Exhibit C - 8 4 2015 Email Corr., #4 Exhibit D - Kittel Report, #5 Exhibit E - Irwin Report, #6 Exhibit F - Eastep Report, #7 Exhibit G - Eastep deposition, #8 Exhibit H - Irwin deposition, #9 Exhibit I - Kittel deposition)(Jicka, Mark) |
| Filing 32 Corporate Disclosure Statement by BB Buggies, Inc. identifying Corporate Parent Textron Inc. for BB Buggies, Inc.. (McDaniel, Keith) |
| Filing 31 Corporate Disclosure Statement by Textron, Inc. (McDaniel, Keith) |
| Filing 30 MOTION for Lance B. Williams to Appear Pro Hac Vice by BB Buggies, Inc., Textron, Inc. (Attachments: #1 Exhibit A, Certificate of Good Standing, #2 Exhibit B, Pro Hav Vice Application)(McDaniel, Keith) |
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TEXT ONLY ORDER granting #30 Motion to Appear Pro Hac Vice. Lance B. Williams is hereby admitted pro hac vice upon payment of the pro hac admission fee and registering for electronic filing. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on August 7, 2015 (KPM)
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| Filing 29 State Court Record by Defendants BB Buggies, Inc., Textron, Inc. Volumes 3 and 4 (Attachments: #1 Supplement Vol 4 (State Court File))(Jicka, Mark) |
| Filing 28 State Court Record by Defendants BB Buggies, Inc., Textron, Inc. Volumes 1 and 2 (Attachments: #1 Supplement Vol 2 (State Court File))(Jicka, Mark) |
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Filing 27
ORDER denying expedited consideration of the Motions to Compel #25 & #26 . The motions will remain pending before the Court, and will be addressed, if necessary, pending the disposition of the Motion to Remand #9 . Signed by Magistrate Judge Michael T. Parker on August 4, 2015. (ES)
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| Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephone Conference held on 8/3/2015 to discuss whether the pending discovery motions should be addressed while the motion to remand is pending. An order will be entered. PARTICIPANTS: Jim Warren and Jim Carroll for plaintiffs; Bobby Miller for John Dale, IV, Patrick P. Burns, Jr., and Bad Boy Enterprises, L.L.C.; Keith McDaniel, Mark Jicka and Lance Williams for BB Buggies, Inc. and Textron, Inc. (KPM) |
| Set Hearings: Having confirmed the availability of counsel, a Telephone Conference is set for TODAY 8/3/2015 1:30 PM before Magistrate Judge Michael T. Parker. Counsel shall dial 1.888.273.3658, code 1055457 to connect to the call. (KPM) |
| Filing 26 MOTION to Compel and for Sanctions (Pending in Adams County Circuit Court Prior to Removal) by Vincent Leon (Attachments: #1 Exhibit A - Deposition Notice of Textron, Inc., #2 Exhibit B - Deposition Notice of BB Buggies Inc., #3 Exhibit C - Email from Bobby Miller, #4 Exhibit D - Miller Deposition Testimony Excerpts, #5 Exhibit E - Emails with Bobby Miller on May 15, #6 Exhibit F - Emergency Motion of Butler Snow, #7 Exhibit G - Emails with Will Thomas on May 15, #8 Exhibit H - Hearing Transcript 11-13-14, #9 Exhibit I - Email between McDaniel and Warren delaying deposition, #10 Exhibit J - Emails with Williams, #11 Exhibit K - Email from Valerie Waddick to Jim Warren, #12 Exhibit L - June 12 Letter from Plaintiffs counsel to McDaniel and Williams, #13 Exhibit M - June 22 Good Faith Email)(Stutzman, Jacob) |
| Filing 25 Emergency MOTION to Compel Compliance with Court's June 25, 2015 Discovery Rulings (Pending in Adams County Circuit Court Prior to Removal) by Vincent Leon (Attachments: #1 Exhibit A - Excerpts from 6-25-15 Hearing, #2 Exhibit B - Plaintiffs' Fourteenth Set of Discovery Requests to Textron and BB Buggies, #3 Exhibit C - Packard Testimony Excerpts, #4 Exhibit D - Plaintiffs' Fourth Set of RFP Requests 3)(Stutzman, Jacob) |
| Filing 24 NOTICE to Take Deposition of Textron, Inc. by Vincent Leon (Stutzman, Jacob) |
| Filing 23 NOTICE to Take Deposition of BB Buggies, Inc. by Vincent Leon (Stutzman, Jacob) |
| Filing 22 NOTICE to Take Deposition of Mr. Chris Spencer by Vincent Leon (Stutzman, Jacob) |
| Filing 21 NOTICE to Take Deposition of Thomas Adrian Batchelor by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 20 NOTICE to Take Deposition of Billy Conly by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 19 NOTICE to Take Deposition of James Guin by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 18 NOTICE to Take Deposition of Eric Carter by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 17 NOTICE to Take Deposition of Robert Watts by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 16 NOTICE to Take Deposition of Austin Hand by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 15 NOTICE to Take Deposition of Seth Knotts by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 14 NOTICE to Take Deposition of Joshua Williams by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
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TEXT ONLY ORDER granting #12 Motion to Allow Discovery to Proceed. For good cause shown and without oppostion, the parties are granted leave to proceed with discovery as scheduled in this matter prior to its removal to this court. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on July 29, 2015. (Parker, Michael)
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| Filing 13 NOTICE of Appearance by Anthony A. Heidelberg on behalf of All Plaintiffs (Heidelberg, Anthony) |
| Filing 12 Unopposed MOTION for Discovery to Proceed as Scheduled in Removed Matter Urgent and Necessitous Expedited Review Requested by Vincent Leon (Attachments: #1 Exhibit A - Circuit Court Agreed Orders)(Warren, James) |
| Filing 11 MOTION to Expedite Consideration of Motion to Remand by Vincent Leon (Attachments: #1 Exhibit A - Circuit Court Agreed Orders)(Warren, James) |
| Filing 10 MEMORANDUM IN SUPPORT re #9 MOTION to Remand Urgent and Necessitous Expedited Review Requested filed by Vincent Leon (Carroll, James) |
| Filing 9 MOTION to Remand Urgent and Necessitous Expedited Review Requested by Vincent Leon (Attachments: #1 Exhibit A - Circuit Court Agreed Order, #2 Exhibit B - LSU Shreveport Discharge Summary, #3 Exhibit C - October 19, 2012 Article, #4 Exhibit D - Recall Notice, #5 Exhibit E - First Amended Complaint, #6 Exhibit F - Leons' Answer in Opposition to Petition for Interlocutory Appeal, #7 Exhibit G - Leons' Appellees' Brief)(Carroll, James) |
| Filing 8 NOTICE of Appearance by Nicholas J. Greene on behalf of All Plaintiffs (Greene, Nicholas) |
| Filing 7 NOTICE of Appearance by Jacob T. E. Stutzman on behalf of All Plaintiffs (Stutzman, Jacob) |
| Filing 6 NOTICE of Appearance by J. Chadwick Mask on behalf of All Plaintiffs (Mask, J.) |
| Filing 5 NOTICE of Appearance by James L. Warren, III on behalf of All Plaintiffs (Warren, James) |
| Filing 4 NOTICE of Appearance by James L. Carroll on behalf of All Plaintiffs (Carroll, James) |
| Filing 3 NOTICE of Appearance by William Polk Thomas on behalf of Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV (Thomas, William) |
| Filing 2 Joinder in Document by Bad Boy Enterprises, L.L.C., Patrick P. Burns, Jr, John Dale, IV to #1 Notice of Removal,,,, filed by BB Buggies, Inc., Textron, Inc. (Miller, Robert) |
| Filing 1 NOTICE OF REMOVAL by BB Buggies, Inc. and Textron, Inc. from Circuit Court of Adams County, MS, case number 12-KV-0058-S. ( Filing fee $ 400 receipt number 34643034461) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - 6/25/15, Hearing Transcript, #2 Exhibit B - First Amended Complaint, #3 Exhibit C - Answer to Amended Complaint, #4 Exhibit D - CPSC News Release, #5 Exhibit E - Response in Opposition, #6 Exhibit F - Motion for Summary Judgment, #7 Exhibit G - Motion for Continuance, #8 Exhibit H - Email on 7/22/15, #9 Civil Cover Sheet)(ND) |
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