Susman, et al v. The Goodyear Tire & Rubber Company, et al
Plaintiff: Jacob Summers and Rysta Leona Susman
Defendant: Goodwear Tire & Rubber Company, Goodyear Tire & Rubber Company and The Goodyear Tire & Rubber Company
Case Number: 8:2018cv00127
Filed: March 23, 2018
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Susan M. Bazis
Presiding Judge: Laurie Smith Camp
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 13, 2020 Opinion or Order Filing 304 GENERAL ORDER 2020-04 IN RE: Continuances due to Novel Coronavirus and COVID-19 Disease. Ordered by Chief Judge John M. Gerrard. (DKM)
March 5, 2020 Opinion or Order Filing 263 MEMORANDUM AND ORDER - Goodyear's Motions in Limine, ECF No. 160 , are granted in part in accordance with this Memorandum and Order. Plaintiffs' Motion in Limine on Certain expert Witnesses, ECF No. 180 , is granted in part in accordance with this Memorandum and Order. Plaintiffs' Motions in Limine, ECF No. 185 , are granted in part in accordance with this Memorandum and Order. These motions are otherwise denied, denied as moot, or denied without prejudice in accordance with this Memorandum and Order. Ordered by Senior Judge Laurie Smith Camp. (LKO)
February 27, 2020 Opinion or Order Filing 258 ORDER - To assist counsel in preparation for trial, the Court advises them of the following: Ten days have been set aside for the trial of this case. A jury of twelve, with no alternates, will be selected. The trial will continue despite any jury attrition. A unanimous verdict will be required, unless the parties later stipulate to a less-than-unanimous verdict. Ordered by Senior Judge Laurie Smith Camp. (LKO)
February 19, 2020 Opinion or Order Filing 256 ORDER RE: TRIAL PREPARATION - This matter is scheduled for trial on Tuesday, March 17, 2020, subject only to the Court's need to commence any previously scheduled criminal trial in which a Speedy Trial Act deadline exists.Ordered by Senior Judge Laurie Smith Camp. (LKO)
February 18, 2020 Opinion or Order Filing 238 ORDER ON FINAL PRETRIAL CONFERENCE - Counsel estimate the length of trial will consume not less than 8 day(s), not more than 12 day(s), and probably about 10 day(s). (The court has reminded the parties that the final progression order indicated 10 days of trial.) Trial Date. Trial is set to begin on March 17, 2020. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
January 13, 2020 Opinion or Order Filing 150 ORDER - that the Motion to Alter or Amend (Filing No. 136 ) is granted, in part, as set forth above. The Clerk of Court is directed to modify the docket sheet to reflect that Kearney Towing and Repair Center, Inc. is an intervenor in this action. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
November 1, 2019 Opinion or Order Filing 149 AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - A telephone conference was held in this matter on November 1, 2019 to discuss the Defendant's Motion to Continue Trial Date, Motion for Special Setting, and Motion for Modifica tion of Progression Order. (Filing No. 145 .) The motion is granted in part, as follows: IT IS ORDERED that the provisions of the Court's earlier final progression order remain in effect, and in addition to those provisions, the following shall apply: Final Pretrial Conference set for 2/18/2020 at 10:00 AM Internet/Telephonic Conferencing before Magistrate Judge Susan M. Bazis. Jury Trial set for 3/17/2020 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18 th Plaza, Omaha, NE before Senior Judge Laurie Smith Camp. A telephonic conference to discuss the status of case progression and the parties' interest in settlement will be held with the undersigned magistrate judge on January 21, 2020 at 11:00 a.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Susan M. Bazis. (TCL)
October 10, 2019 Opinion or Order Filing 138 MEMORANDUM AND ORDER: I. Plaintiffs' Motion for Summary Judgment, ECF 105, is granted in part as follows: A. Goodyear's affirmative defenses of comparative fault or contributory negligence, substantial alteration, assumption of risk, and efficient intervening cause, are dismissed; and B. Goodyear may not introduce evidence of seatbelt misuse or nonuse; and The Plaintiffs' Motion for Summary Judgment is otherwise denied; II. Plaintiffs' Motion in Limine to Apply Ohio Law to Punitive Damages. ECF No. 106, is granted; III. Defendant's Partial Motion for Summary Judgment, ECF No. 107, is granted in part as follows: A. Count I of Plaintiffs' Complaint for negligence is dismissed as it relates to the tire' s anti-oxidation measures; B. Count II of Plaintiffs' Complaint for strict liability is dismissed as it relates to the tire's anti-oxidation measures; and C. Count III of Plaintiff's Complaint for breach of warranty is dismissed in its entirety; and Defendant's Partial Motion for Summary Judgment is otherwise denied. Ordered by Senior Judge Laurie Smith Camp. (ADB)
September 16, 2019 Opinion or Order Filing 134 ORDER - Kearney's Petition to Intervene (Filing No. 95 ) is denied in its entirety. Kearney's Request for Oral Argument Concerning the Petition to Invervene (Filing No. 102 ) is denied as moot. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
June 19, 2018 Opinion or Order Filing 66 PROTECTIVE ORDER - This matter is before the Court on the parties' Unopposed Motion for Protective Order. (Filing No. 65 .) This motion is granted. Accordingly, a protective order is entered. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Defendant: Goodwear Tire & Rubber Company
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Defendant: Goodyear Tire & Rubber Company
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Defendant: The Goodyear Tire & Rubber Company
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Plaintiff: Jacob Summers
Represented By: Kyle W. Farrar
Represented By: Daniel J. Sherry, Jr.
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Plaintiff: Rysta Leona Susman
Represented By: Kyle W. Farrar
Represented By: Daniel J. Sherry, Jr.
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