Tucker v. Ford Motor Company
Michael Tucker |
Ford Motor Company and Bommarito Ford, Inc. |
4:2022cv00430 |
April 13, 2022 |
US District Court for the Eastern District of Missouri |
Audrey G Fleissig |
Contract Product Liability |
28 U.S.C. § 1332 Diversity-Other Contract |
Defendant |
Docket Report
This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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Filing 62 Docket Text ORDER of DISMISSAL re: #61 STIPULATION of Dismissal with Prejudice by Plaintiff Michael Tucker; SO ORDERED. Signed by District Judge Audrey G. Fleissig on 6/5/23. (KJS) |
Filing 61 STIPULATION of Dismissal with Prejudice by Plaintiff Michael Tucker. (Applewhite, Thomas) |
Filing 60 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants motion to strike Plaintiffs class allegations, (Doc. No. #38 ), is GRANTED in part and DENIED in part. The Court will strike Plaintiffs Declaratory Relief Class. The Court will also strike Plaintiffs warranty-related class allegations in Count II of his petition. Signed by District Judge Audrey G. Fleissig on 3/28/23. (KJS) |
Filing 59 SUPPLEMENTAL re #40 Memorandum in Opposition to Motion, by Plaintiff Michael Tucker. (Applewhite, Thomas) |
Filing 58 Docket Text ORDER: Re: #57 MOTION to Supplement #38 MOTION for Leave to Deny Class Certification and Strike Class Allegations by Defendant Ford Motor Company. (Attachments: # 1 Exhibit A - Hearing Transcript)(Brooks, Laura) filed by Ford Motor Company ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 2/6/23. (KJS) |
Filing 57 MOTION to Supplement #38 MOTION for Leave to Deny Class Certification and Strike Class Allegations by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Hearing Transcript)(Brooks, Laura) |
Filing 56 TRANSCRIPT ORDER REQUEST for 53 (Oral Argument Hearing re Motion to Deny Class Certification and Strike Class Allegations) by Michael Tucker. (Applewhite, Thomas) (Sent request to court reporter Carla Klaustermeier on 2/1/2023 (KJS).) |
Filing 55 TRANSCRIPT of 53 (MOTION HEARING) held on 1/20/23 before Judge Audrey G. Fleissig. Court Reporter/Transcriber Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984. 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 it may be obtained through PACER. Redaction Request due 2/17/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/27/2023. (KJS) |
***REMARK Sent transcript to Court reporter on this day. (JMP) |
Filing 54 TRANSCRIPT ORDER REQUEST for 53 (Oral Argument Hearing re Motion to Deny Class Certification and Strike Class Allegations) by Ford Motor Company. (Brooks, Laura) |
Filing 53 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 1/20/2023 re #38 MOTION for Leave to Deny Class Certification and Strike Class Allegations filed by Ford Motor Company. Arguments heard. Matter taken under submission. The court grants defendant two weeks to respond to new cases. (Court Reporter:Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984) (proceedings started: 1:02 pm) (proceedings ended: 2:17 pm) (Deputy Clerk: JParker)(Appearance for Plaintiff: Thomas Richard Applewhite, Christian T. Misner)(Appearance for Defendant: Krista L. Lenart, Laura Kathryn Brooks) (JMP) |
Filing 52 ORDER - This matter is before the Court on Defendants Request for Oral Argument. (Doc. No. #39 ). The Court will hold oral argument on Defendants Motion to Deny Class Certification and Strike Class Allegations on Friday, January 20, 2023 at 1:00 p.m. If any party or counsel wishes to attend via teleconference or video conference, they must promptly file a request to do so. (Motion Hearing set for 1/20/2023 01:00 PM in Courtroom 12S - St. Louis before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 1/6/23. (KJS) |
Filing 51 ORDER - IT IS HEREBY ORDERED that the parties' Joint Motion for Protective Order, (Doc. No. #50 ), is GRANTED. The parties are advised, however, that the fact that a document or information is produced pursuant to a protective order does not mean it may automatically be filed under seal. The parties must still file a motion requesting that the filing be made under seal, with proper justification, and otherwise comply with Local Rule 13.05. Signed by District Judge Audrey G. Fleissig on 12/7/2022. (JMP) |
Filing 50 Joint MOTION for Protective Order by Defendant Ford Motor Company. (Attachments: #1 Attachment [Proposed] Stipulated Protective Order)(Brooks, Laura) |
Filing 49 REPLY to Response to Motion re #38 MOTION for Leave to Deny Class Certification and Strike Class Allegations filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A)(Brooks, Laura) |
Filing 48 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiff's Motion For Leave to File Documents Under Seal is GRANTED in part. (Doc. No. #41 ). IT IS FURTHER OREDERED that Defendant's Uncontested Motion For Leave to File Document Under Seal is GRANTED. (Doc. No. #46 ). The Clerk of the Court is directed to unseal Doc. Nos. 42-1 and 42-3 only. Doc. No. 42-2 shall remain sealed until further order of the Court. Signed by District Judge Audrey G. Fleissig on 7/26/2022. (Documents 42-1 and 42-3 unsealed this date.)(CBL) |
Filing 47 DEFENDANT FORD MOTOR COMPANYS MEMORANDUM IN SUPPORT OF UNCONTESTED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL re #46 MOTION Defendant Ford Motor Company's Uncontested Motion for Leave to File Document Under filed by Defendant Ford Motor Company. (JMP) |
Filing 46 MOTION Defendant Ford Motor Company's Uncontested Motion for Leave to File Document Under by Defendant Ford Motor Company. (Attachments: #1 Exhibit A)(Brooks, Laura) |
Filing 45 Docket Text ORDER: Re: #44 MOTION for Extension of Time to File Response/Reply as to #40 Memorandum in Opposition to Motion, Defendant Ford Motor Company's Agreed Motion for Extension of Time to File Reply to Plaintiff's Opposition to Ford's Motion to Deny Class Certification and Strike Class Allegations by Defendant Ford Motor Company. (Brooks, Laura) filed by Ford Motor Company ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 7/20/2022. (JMP) |
Filing 44 MOTION for Extension of Time to File Response/Reply as to #40 Memorandum in Opposition to Motion, Defendant Ford Motor Company's Agreed Motion for Extension of Time to File Reply to Plaintiff's Opposition to Ford's Motion to Deny Class Certification and Strike Class Allegations by Defendant Ford Motor Company. (Brooks, Laura) |
Filing 43 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Ford Motor Company shall file redacted copies of the documents or a notice explaining why redacted copies cannot be filed within seven days of the date of this order. Signed by District Judge Audrey G. Fleissig on 7/18/2022. (JMP) |
Filing 42 SEALED MEMORANDUM in Support of #41 MOTION for Leave to File Under Seal filed by Plaintiff Michael Tucker. Redacted Copy due by 7/14/2022. (Attachments: #1 Exhibit 3 - Chinese Corrosion Report Test Failures, #2 Exhibit 4 - 12 Weeks Equals 6 Years, #3 Exhibit 5 - Week 10 Photos of Undercarriage of Ford Test Vehicles)(Applewhite, Thomas) |
Filing 41 MOTION for Leave to File Under Seal by Plaintiff Michael Tucker. (Applewhite, Thomas) |
Filing 40 MEMORANDUM in Opposition re #38 MOTION for Leave to Deny Class Certification and Strike Class Allegations filed by Plaintiff Michael Tucker. (Attachments: #1 Exhibit 1 - Letter from Laura Brooks Dated March 4, 2022, #2 Exhibit 2 - Excerpts from Deposition of Eric Kalis, #3 Exhibit 6 - Excerpts from Deposition of Mike Tucker, #4 Exhibit 7 - Photos of Corrosion on Plaintiff's Vehicle)(Applewhite, Thomas) |
Filing 39 Request for Oral Argument by Defendant Ford Motor Company. (Brooks, Laura) Modified on 6/14/2022 (AFO). |
Filing 38 MOTION to Deny Class Certification and Strike Class Allegations by Defendant Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brooks, Laura) Modified on 6/14/2022 (AFO). |
Filing 37 Electronic Notice Re: #36 Affidavit, #31 Notice (Other), #35 Affidavit filed by Defendant Ford Motor Company. Counsel are reminded that discovery documents are not accepted by the Court. See Rule 3.02 (FRCP 26) Filing of Discovery and Disclosure Materials:(A) In civil actions, discovery and disclosure materials pursuant to Fed.R.Civ.P. 26, 30, 31, 33, 34, 35, and 36, and the certificates of their service, shall not be filed with the Court except as exhibits to a motion or memorandum. (KJS) |
Filing 36 AFFIDAVIT of Service by Defendant Ford Motor Company. (Brooks, Laura) |
Filing 35 AFFIDAVIT of Service by Defendant Ford Motor Company. (Brooks, Laura) |
Filing 34 CASE MANAGEMENT ORDER This case is assigned to Track: 3: Complex. [SEE ORDER FOR COMPLETE DETAILS.] (Motion to Join Parties due by 6/30/2022. ADR Future Reference 7/3/2023. Jury Trial set for 1/8/2024 09:00 AM in Courtroom 12S - St. Louis before District Judge Audrey G. Fleissig. Pretrial Compliance due by 12/19/2023. Motion in Limine due by 12/25/2023.) Signed by District Judge Audrey G. Fleissig on 5/26/2022. (AFO) |
Filing 33 ORDER - IT IS HEREBY ORDERED that the Rule 16 Scheduling Conference set for May 26, 2022 at 10:00 AM will be RESET for May 26, 2022 at 9:30 AM. (Rule 16 Conference set for 5/26/2022 09:30 AM in Zoom Video Conference before District Judge Audrey G. Fleissig.). Signed by District Judge Audrey G. Fleissig on 5/25/22. (KJS) |
Filing 32 ORDER: IT IS HEREBY ORDERED that the Rule 16 Scheduling Conference set for May 27, 2022 at 2:00 PM will be RESET for May 26, 2022 at 10:00 AM. (Rule 16 Conference set for 5/26/2022 10:00 AM in Zoom Video Conference before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 5/23/2022. (AFO) |
Filing 31 NOTICE by Defendant Ford Motor Company Ford Motor Company's Notice of Subpoena to Produce Documents, Information, or Objects (Attachments: #1 Exhibit Exhibit 1 to Notice of Subpoena)(Brooks, Laura) |
Filing 30 JOINT SCHEDULING PLAN by Plaintiff Michael Tucker. . (Applewhite, Thomas) |
Filing 29 RULE 16 ORDER This case is assigned to Track: 3: COMPLEX Joint Scheduling Plan due by 5/20/2022. Rule 16 Conference set for 5/27/2022 02:00 PM in Zoom Video Conference before District Judge Audrey G. Fleissig.. Signed by District Judge Audrey G. Fleissig on 4/27/22. (KJS) |
Filing 28 CJRA ORDER (GJL). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to District Judge Audrey G. Fleissig for all further proceedings. (JEB) |
Filing 27 ENTRY of Appearance by Michael C. Bowgren for Defendant Ford Motor Company. (Bowgren, Michael) |
Filing 26 ENTRY of Appearance by Krista L. Lenart for Defendant Ford Motor Company. (Lenart, Krista) |
Judge Mensah enters a Standing Order in all of her cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/shirley-padmore-mensah (JEB) |
Filing 25 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
Filing 24 ENTRY of Appearance by Steven A. Donner for Plaintiff Michael Tucker. (Donner, Steven) |
Filing 23 ANSWER to Complaint (Notice of Removal) #22 Third Amended Petition (Removal/Transfer) filed by Defendant Ford Motor Company. (JWD) |
Filing 22 Third Amended Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Michael Tucker.(JWD) |
Filing 21 PARTIAL DISMISSAL WITH PREJUDICE as to defendant Bommarito Ford, Inc. Signed by Judge Ellen Ribaudo, St. Louis County Circuit Court, on 11/24/21. (JWD) |
Filing 20 MEMORANDUM in Opposition re #16 MOTION for Protective Order filed by Plaintiff Michael Tucker. (JWD) |
Filing 19 MOTION to Strike and Opposition to #17 MOTION for Sanctions by Defendant Ford Motor Company. (JWD) (Additional attachment(s) added on 4/14/2022: #1 Exhibit A) (JWD). |
Filing 18 MEMORANDUM in Support of Motion re #17 MOTION for Sanctions filed by Plaintiff Michael Tucker. (JWD) |
Filing 17 MOTION for Sanctions Pursuant to Rule 61.01(d) by Plaintiff Michael Tucker. (JWD) |
Filing 16 MOTION for Protective Order by Defendant Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(JWD) |
Filing 15 ANSWER to Complaint (Notice of Removal) #14 Second Amended Petition (Removal/Transfer) filed by Defendant Ford Motor Company. (JWD) |
Filing 14 Second Amended Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Michael Tucker.(JWD) |
Filing 13 ANSWER to Complaint (Notice of Removal) #12 First Amended Petition (Removal/Transfer) filed by Defendant Ford Motor Company. (JWD) |
Filing 12 First Amended Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Michael Tucker.(JWD) |
Filing 11 Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Michael Tucker.(JWD) |
Filing 10 ENTRY of Appearance by John Mark Thomas for Defendant Ford Motor Company. (Thomas, John) |
Filing 9 ENTRY of Appearance by Christian T. Misner for Plaintiff Michael Tucker. (Misner, Christian) |
Case Opening Notification. Judge Assigned: Honorable Shirley P. Mensah. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (JWD) |
Filing 8 ENTRY of Appearance by Thomas Richard Applewhite for Plaintiff Michael Tucker. (Applewhite, Thomas) |
Filing 7 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Ford Motor Company Sent To: Plaintiff (Brooks, Laura) |
Filing 6 SUPPLEMENTAL re #1 Notice of Removal by Defendant Ford Motor Company Original Filing Form (Brooks, Laura) Modified on 4/14/2022 to correct event type(JKL). |
Filing 5 SUPPLEMENTAL re #1 Notice of Removal, by Defendant Ford Motor Company Civil Cover Sheet (Brooks, Laura) Modified on 4/14/2022 to correct event type (JKL). |
Filing 4 ENTRY of Appearance by Stephen M. Bledsoe for Defendant Ford Motor Company. (Bledsoe, Stephen) |
Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Ford Motor Company. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Brooks, Laura) Modified on 4/14/2022 to correct event type (JKL). |
Filing 2 ENTRY of Appearance by Laura Kathryn Brooks for Defendant Ford Motor Company. (Brooks, Laura) |
Filing 1 NOTICE OF REMOVAL from Circuit Court of St. Louis County, case number 19SL-CC00498, with receipt number AMOEDC-9239022, in the amount of $402 Jury Demand,, filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B)(Brooks, Laura) |
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