Gingras v. Wal-Mart Stores, Inc.
Plaintiff: Michaela Gingras
Defendant: Wal-Mart Stores, Inc.
Case Number: 1:2005cv00378
Filed: October 27, 2005
Court: US District Court for the District of New Hampshire
Office: Concord Office
Presiding Judge: Joseph A DiClerico
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 15, 2006. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2006 Filing 37 JUDGMENT is hereby entered in accordance with #36 Order, #35 Order on Motion for Reconsideration. Signed by Clerk James R. Starr. (Case Closed) (amm, )
December 13, 2006 Opinion or Order Filing 36 ///ORDER approving #32 Motion for settlement. Signed by Judge Joseph A. DiClerico Jr. (amm, )
December 13, 2006 Opinion or Order Filing 35 ///ORDER granting #34 Motion for Reconsideration. Re: #33 Order granted, upon reconsideration. So Ordered by Judge Joseph A. DiClerico Jr. (amm, )
December 12, 2006 Filing 34 Assented to MOTION for Reconsideration re #33 Order filed by Michaela Gingras (Fine, Stephen)
December 11, 2006 Opinion or Order Filing 33 ORDER, Held in Abeyance #32 Joint Motion for Approval of Settlement on behalf of a minor. Signed by Judge Joseph A. DiClerico Jr. (amm, )
December 4, 2006 Filing 32 Joint Assented to MOTION Approval of Settlement on Behalf of a Minor filed by Michaela Gingras (Attachments:, #1 Exhibit Exhibit 1- Birth Certificate, #2 Exhibit Exhibit 2- Medical Reports, #3 Exhibit Exhibit 3- Structured Settlement Documents, #4 Exhibit Exhibit 4- Contingency Fee Contract, #5 Exhibit Exhibit 5- Statement of Work Performed, #6 Exhibit Exhibit 6- Proposed Order)(Fine, Stephen)
November 14, 2006 Chris Hawkins advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court will dismiss the case with prejudice. Case Settlement Deadline 12/14/2006. (amm, )
November 14, 2006 Deadlines terminated trial ddls (amm, )
November 13, 2006 Filing 31 Proposed Jury Instructions by Michaela Gingras. (Fine, Stephen)
November 13, 2006 Filing 30 Pretrial Statement filed by Michaela Gingras. (Fine, Stephen)
November 13, 2006 Filing 29 MOTION in Limine to Preclude Evidence of Wal-Mart's Sale of Other Trampolines and/or Enclosures filed by Wal-Mart Stores, Inc. Follow up on Objection on 12/4/2006 (Hawkins, Christopher)
November 13, 2006 Filing 28 MOTION in Limine to Preclude Evidenceof Wal-Mart's Marketing of Trampolines and Enclosures after the Trampoline in this Case was Allegedly Purchased filed by Wal-Mart Stores, Inc. Follow up on Objection on 12/4/2006 (Hawkins, Christopher)
November 13, 2006 Filing 27 Proposed Voir Dire by Wal-Mart Stores, Inc.. (Hawkins, Christopher)
November 13, 2006 Filing 26 Proposed Jury Instructions by Wal-Mart Stores, Inc.. (Hawkins, Christopher)
November 13, 2006 Filing 25 Pretrial Statement filed by Wal-Mart Stores, Inc.. (Attachments:, #1 Exhibit A - Florida Comparative Fault Statute, #2 Exhibit B - Florida Products Liability Cases, #3 Exhibit C- Florida Case on Industry Standards, #4 Exhibit D - Florida Product Misuse Cases, #5 Exhibit E - Florida Cases on Retailer's Liability, #6 Exhibit F - Florida Case on Damages)(Hawkins, Christopher)
November 8, 2006 Filing 24 MOTION for Discovery filed by Michaela Gingras Follow up on Objection on 11/28/2006 (Attachments:, #1 Exhibit 1- Def's responses to admission requests, #2 Exhibit 2- Excerpts Def's Summary Judgment Memo)(Fine, Stephen)
October 30, 2006 Opinion or Order ENDORSED ORDER mooting #21 Motion for Discovery. Text of Order: Moot. So Ordered by Judge James R. Muirhead. (djb, )
October 30, 2006 Opinion or Order ENDORSED ORDER mooting #20 Motion for Discovery. Text of Order: Moot. So Ordered by Judge James R. Muirhead. (djb, )
October 18, 2006 Filing 23 OBJECTION to #21 MOTION for Discovery for Determination of Insufficiency of Def.'s Objection to Pls.' First Request for Admissions filed by Wal-Mart Stores, Inc.. (Attachments:, #1 Memorandum of Law, #2 Exhibit 1 - Letter Dated October 17, 2006)(Hawkins, Christopher)
October 18, 2006 Filing 22 OBJECTION to #20 MOTION for Discovery for Order Compelling Answers to Interrogatories filed by Wal-Mart Stores, Inc.. (Attachments:, #1 Memorandum of Law, #2 Exhibit 1 - Letter Dated October 17, 2006)(Hawkins, Christopher)
October 6, 2006 Filing 21 MOTION for Discovery for Determination of Insufficiency of Def.'s Objection to Pls.' First Request for Admissions filed by Michaela Gingras Follow up on Objection on 10/26/2006 (Attachments:, #1 Exhibit 1- Def.'s Responses First Admissions Request, #2 Memorandum of Law, #3 Exhibit 1-Def.'s Responses Second Admissions Request)(Fine, Stephen)
October 6, 2006 Filing 20 MOTION for Discovery for Order Compelling Answers to Interrogatories filed by Michaela Gingras Follow up on Objection on 10/26/2006 (Attachments:, #1 Exhibit 1-Def.'s Answers to Interrogatories, #2 Memorandum of Law)(Fine, Stephen)
September 18, 2006 Filing 19 REPLY to Objection to Motion re #13 MOTION in Limine to Preclude Expert Testimony of Dr. Marc Rabinoff filed by Wal-Mart Stores, Inc.. (Attachments:, #1 Exhibit Rabinoff Deposition Excerpts)(Hawkins, Christopher)
September 11, 2006 Filing 18 Notice of Intent to Reply to Objection to #13 MOTION in Limine to Preclude Expert Testimony of Dr. Marc Rabinoff. Follow up on Reply on 9/25/2006. (Hawkins, Christopher)
September 8, 2006 Filing 17 OBJECTION to #13 MOTION in Limine to Preclude Expert Testimony of Dr. Marc Rabinoff filed by Michaela Gingras. (Attachments:, #1, #2 Exhibit (Affidavit) Rabinoff Supplementary Aff., #3 Exhibit Rabinoff CV-1A, #4 Exhibit Rabinoff report- 1B, #5 Exhibit NEISS data- 1C part1, #6 Exhibit Neiss data- 1C part2, #7 Exhibit Neiss data- 1C part3, #8 Exhibit ANSI Standard- 1D, #9 Exhibit Hedstrom ad- 1E, #10 Exhibit Wal-Mart Website- 1F, #11 Exhibit Wal-Mart Website- 1G, #12 Exhibit Wal-Mart Website- 1H, #13 Exhibit Wal-Mart Website- 1I, #14 Exhibit CPSC safety alert- 1J, #15 Exhibit Rabinoff Depo. Excerpt- 1K, #16 Exhibit AAOS Public Statement- 1L, #17 Exhibit AAOS public statement- 1M, #18 Exhibit Pavolko Depo. Excerpt- 2, #19 Exhibit Def's. Memo Celmer- 3)(Fine, Stephen) Additional attachment(s) added on 9/11/2006 (amm, ).
September 5, 2006 Filing 16 REPLY to Objection to Motion re #12 MOTION for Summary Judgment (Replaces Document # 11) filed by Wal-Mart Stores, Inc.. (Hawkins, Christopher)
August 27, 2006 Filing 15 Notice of Intent to Reply to Objection to Defendant Wal-Mart Stores, Inc.'s Motion for Summary Judgment. Follow up on Reply on 9/11/2006. (Hawkins, Christopher)
August 25, 2006 Filing 14 OBJECTION to #12 MOTION for Summary Judgment (Replaces Document # 11) filed by Michaela Gingras. (Attachments:, #1 Memorandum of Law, #2 Exhibit 1-Def.'s Responses to Admission Requests, #3 Exhibit 2- Def.'s Website, #4 Exhibit (Affidavit) 3-Marc Rabinoff,Ed.D., #5 Exhibit 3A-Marc Rabinoff C.V., #6 Exhibit 3B- Marc Rabinoff 5/30/06 Report)(Fine, Stephen)
August 24, 2006 Filing 13 MOTION in Limine to Preclude Expert Testimony of Dr. Marc Rabinoff filed by Wal-Mart Stores, Inc. Follow up on Objection on 9/13/2006 (Attachments:, #1 Memorandum of Law, #2 Exhibit (Affidavit) of Christopher D. Hawkins, Esq., #3 Exhibit 1 - ASTM Mission Statement, #4 Exhibit 2 - Excerpts of Marc Rabinoff Deposition, #5 Exhibit 3 - Marc Rabinoff Deposition Excerpts (Jensen), #6 Exhibit 4 - Dr. Marc Rabinoff Expert Report)(Hawkins, Christopher)
August 1, 2006 Filing 12 MOTION for Summary Judgment (Replaces Document # 11) filed by Wal-Mart Stores, Inc. Follow up on Objection on 9/6/2006 (Attachments:, #1 Memorandum of Law, #2 Exhibit (Affidavit) of Christopher D. Hawkins, #3 Exhibit 1-Responses to Requests for Admissions, #4 Exhibit 2-Michael Alfonso Deposition Excerpts, #5 Exhibit 3-Kathlena Morris-Johnson Deposition Excerpts, #6 Exhibit 4-Photo of Trampoline Warning Label, #7 Exhibit 5-Photo of Trampoline Spring Cover, #8 Exhibit 6-Christopher Brian Alfonso Deposition Excerpts, #9 Exhibit 7-ASTM Trampoline Standard 2001, #10 Exhibit 8-ASTM Enclosure Standard 2006, #11 Exhibit 9A-Dr. Marc Rabinoff Deposition Excerpts, #12 Exhibit 9B-Dr. Marc Rabinoff Deposition Excerpts, #13 Exhibit 10-CPSC Trampoline Publication 2000, #14 Exhibit 11-Michaela Gingras Deposition Excerpt, #15 Exhibit 12-ASTM Mission Statement, #16 Exhibit 13-CPSC Trampoline Safety Alert)(Hawkins, Christopher)
August 1, 2006 Filing 11 MOTION for Summary Judgment filed by Wal-Mart Stores, Inc. Follow up on Objection on 9/6/2006 (Attachments:, #1 Memorandum of Law, #2 Exhibit (Affidavit) of Christopher D. Hawkins, #3 Exhibit 1-Requests for Admissions, #4 Exhibit 2-Michael Alfonso Deposition Excerpts, #5 Exhibit 3-Kathlena Morris-Johnson Deposition Excerpts, #6 Exhibit 4-Photo of Warning Label, #7 Exhibit 5-Photo of Trampoline Spring Cover, #8 Exhibit 6-Christopher Brian Alfonso Deposition Excerpts, #9 Exhibit 7-ASTM Trampoline Specifications 2001, #10 Exhibit 8-ASTM Enclosure Specification 2006)(Hawkins, Christopher) Modified on 8/2/2006 REPLACED BY DOCUMENT #12 (amm, ).
July 27, 2006 Opinion or Order ENDORSED ORDER granting #10 Motion to Extend time to disclose expert witnesses. Text of Order: Granted So Ordered by Judge James R. Muirhead. (amm, )
July 21, 2006 Filing 10 Assented to MOTION to Extend Time to Disclose Expert Witnesses filed by Wal-Mart Stores, Inc. (Hawkins, Christopher)
July 6, 2006 TRIAL NOTICE: LR 16.2(d) Objections due 11/27/06. Jury Trial set for 12/12/2006 09:30 AM before Judge Joseph A. DiClerico Jr. Final Pretrial Conference set for 12/1/2006 10:00 AM before Judge Joseph A. DiClerico Jr. Pretrial Statements due 11/13/2006. (amm, )
June 26, 2006 Case reassigned to Judge Joseph A. DiClerico, Jr. Reason for Reassignment: financial interest in Wal-Mart Stores, Inc.. The new case designation is: 05-cv-378-JD, please show this number with the correct judge designation on all further pleadings. (jar, )
June 21, 2006 Opinion or Order Filing 9 ORDER OF RECUSAL. Judge Steven J. McAuliffe recused - financial interest in Wal-Mart Stores, Inc. Signed by Judge Steven J. McAuliffe. (jar, )
May 25, 2006 Filing 8 STIPULATION re: Choice of Law by Wal-Mart Stores, Inc. (Hawkins, Christopher)
April 21, 2006 Opinion or Order ENDORSED ORDER granting #7 Motion to Extend Time. Text of Order: Granted. So Ordered by Judge James R. Muirhead. (djb, )
April 20, 2006 Filing 7 Assented to MOTION to Extend Time filed by Michaela Gingras. (Fine, Stephen)
December 19, 2005 TRIAL NOTICE: LR 16.2(d) Objections due 11/20/2006. Jury Trial set for 12/5/2006 09:30 AM before Chief Judge Steven J. McAuliffe. Final Pretrial Conference set for 11/27/2006 11:30 AM before Chief Judge Steven J. McAuliffe. Pretrial Statements due 11/6/2006. (jar, )
December 15, 2005 Opinion or Order ENDORSED ORDER approving #6 Discovery Plan. Length of Trial 3-4 days. Case Track: STANDARD. Text of Order: Approved and adopted as a pretrial scheduling order. So Ordered by Judge Steven J. McAuliffe. Ready for Trial on 12/5/2006. Summary Judgment Motions due by 8/1/2006. Dispositive Motion Filing Deadline 1/17/2006. (jar, )
December 15, 2005 Minute Entry for proceedings held before Judge Steven J. McAuliffe. PRELIMINARY PRETRIAL CONFERENCE held on 12/15/2005. (Total Hearing Time: 15 mins) (jar, )
December 8, 2005 Filing 6 Proposed Discovery Plan. (Hawkins, Christopher)
November 22, 2005 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 12/15/2005 04:30 PM before Chief Judge Steven J. McAuliffe. Follow up on Discovery Plan 12/9/2005. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to Magistrate Judge Muirhead.(jar, )
November 14, 2005 Filing 5 ANSWER to Complaint filed by Wal-Mart Stores, Inc.. (Hawkins, Christopher)
November 2, 2005 Filing 4 Certified Copies of State Court Record. State Court Case No. 05-C-687, Hillsborough (North) County Superior Court. (Hawkins, Christopher)
November 1, 2005 Filing 3 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. (cms, )
October 27, 2005 Filing 2 Disclosure Statement by Wal-Mart Stores, Inc. disclosing no parent companies, and no merger agreement. (cms, )
October 27, 2005 Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough County Superior Court - ND, case number unknown. ( Filing fee $ 250, receipt number 027980) filed by Wal-Mart Stores Inc. Answer due by 11/16/2005. State Court Record due by 11/10/2005. (Attachments:, #1 Exhibit A, Writ of Summons, #2 Exhibit B, Notice of Filing Notice of Removal.)(cms, )

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Plaintiff: Michaela Gingras
Represented By: Stephen R. Fine
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Defendant: Wal-Mart Stores, Inc.
Represented By: Christopher D. Hawkins
Represented By: E. Tupper Kinder
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