Martinez et al v. Continental Tire The Americas, LLC
| Irma Martinez, Felipe Martinez, Larry Munn, Jose Prieto and Lee Hunt |
| Continental Tire The Americas, LLC |
| 1:2017cv00922 |
| September 8, 2017 |
| US District Court for the District of New Mexico |
| Albuquerque Office |
| -OUT OF STATE- |
| James O. Browning |
| Laura Fashing |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1441 |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
767
REDACTED FINDINGS OF FACT AND CONCLUSIONS OF LAW by District Judge Kea W. Riggs. (cmm)
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Filing
756
ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE by District Judge Kea W. Riggs. The 755 Joint Motion to Dismiss with Prejudice is GRANTED. All claims, including claims for attorneys' fees and costs, that were or could have been brought by Plaintiff, Jose Prieto against Defendant, Continental Tire the Americas, LLC are DISMISSED WITH PREJUDICE. (ve)
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Filing
754
ORDER TO SHOW CAUSE by District Judge Kea W. Riggs. The Court DIRECTS Mr. Prieto to file his closing documents within fourteen (14) days of the entry of this order. Alternatively, if Mr. Prieto's claims have not been settled, Mr. Prieto SHOULD SHOW CAUSE why his claims should not be dismissed without prejudice for failure to prosecute his claims within fourteen (14) days of the entry of this order. (ve)
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Filing
751
ORDER GRANTING MOTIONS TO SEAL PORTIONS OF TRIAL TRANSCRIPT by District Judge Kea W. Riggs. Defendant's 718 and 735 Motions to Seal are GRANTED. The transcripts for July 18, 19, 27, and 28 shall be SEALED. Defendant shall submit within fourteen (14) days of the entry of this order redacted versions of the transcripts for July 18, 19, 27, and 28, redacting only those lines previously identified in its motions (Docs. 718 and 735), which the Court will file for public viewing. (ve)
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Filing
749
ORDER GRANTING MOTION by District Judge Kea W. Riggs. Plaintiffs' 739 Plaintiffs' Motion to File under Seal Plaintiffs' Response to CTA Motion to Seal Portions of the Trial Transcripts for July 27 and 28, 2022 is GRANTED. Plaintiffs shall file their response under seal within seven (7) days of the entry of this order. (ve)
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Filing
740
ORDER REGARDING OBJECTIONS AND PROPOSED CORRECTIONS TO THE COURT'S FINAL EXHIBIT LIST by District Judge Kea W. Riggs. The Court's Exhibit Reconciliation List attached to this Order as "Exhibit A" is ADOPTED as an Order of the Court. The Court SHALL ENTER its amended final exhibit list which reflects these amendments. (ve)
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Filing
738
STIPULATED ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME FOR POST-TRIAL SUBMISSIONS by District Judge Kea W. Riggs. All post-trial submissions shall be due on or before Tuesday January 17, 2023. (ve)
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Filing
701
ORDER DIRECTING POST-TRIAL SUBMISSIONS by District Judge Kea W. Riggs. (ve)
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Filing
700
ORDER REGARDING OBJECTIONS TO DEPOSITION DESIGNATIONS FOR JOSE PRIETO by District Judge Kea W. Riggs. (ve)
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Filing
696
ORDER OVERRULING OBJECTION TO WITNESS DR. MARK JENKINS by District Judge Kea W. Riggs. (ve)
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Filing
691
ORDER REGARDING CERTAIN OBJECTIONS TO DEPOSITIONS by District Judge Kea W. Riggs. The objections reviewed in this opinion are NOT WELL-TAKEN IN PART and are SUSTAINED IN PART and OVERRULED IN PART. (ve)
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Filing
687
ORDER OVERRULING IN PART DEFENDANT'S OBJECTIONS TO WITNESSES by District Judge Kea W. Riggs. Defendant's objections are OVERRULED as set forth in this opinion. (ve)
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Filing
680
ORDER DENYING DEFENDANT'S MOTION IN LIMINE No. 2 by District Judge Kea W. Riggs. Defendant's 621 Motion in Limine No. 2 to Exclude Argument or Evidence that CTA had a Duty to Recall the Subject Tire is DENIED. (ve)
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Filing
651
ORDER DENYING PLAINTIFF' MOTION TO PERMIT INSPECTION OF CRASH VEHICLE AT TRIAL by District Judge Kea W. Riggs. Plaintiffs' 623 Motion to Permit Inspection of Crash Vehicle at Trial is DENIED. (ve)
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Filing
643
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO FILE UNDER SEAL PLAINTIFFS' UNREDACTED RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. 1 [DOC. 620] AND RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. 2 [DOC. 6 21] by District Judge Kea W. Riggs. Plaintiffs may file an unredacted Response in Opposition to 620 Defendant's Motion in Limine No. 1 and Response in Opposition to 621 Defendant's Motion in Limine No. 2 under seal. (ve)
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Filing
635
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. Plaintiffs' 610 Motion to Allow Live Video Testimony and Remote Attendance at Trial, filed June 3, 2022 is GRANTED IN PART and DENIED IN PART. The parties SHALL SUBMIT an updated proposed pretrial order by Monday, July 11, 2022, by 5:00 p.m. (ve)
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Filing
608
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. Defendant Continental Tire the Americas, LLC's 597 Motion to Strike Plaintiffs' Expert Dr. Barry M. Crown is GRANTED. Plaintiffs' 598 Motion to Extend Deadlines for Submitting Expert Reports Related to Plaintiff Felipe Martinez's Damages is DENIED. (ve)
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Filing
582
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. Plaintiff's 517 and 520 Motion in Limine to Exclude Warranty Adjustment Data is DENIED. (ve)
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Filing
493
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. Plaintiffs' 322 Motion to Exclude the Expert Opinions of John Glennon is GRANTED IN PART and DENIED IN PART. (ve)
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Filing
478
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. Plaintiff's 441 and 444 Motion to Strike Defendant's Notice of Errata is DENIED IN PART. Discovery and pretrial scheduling matters, as specified above, are REFERRED to United States Magistrate Judge John F. Robbenhaar. The punitive damages motions 310 and 311 and motions to exclude Mr. Carlson's testimony 307 and 321 are DENIED WITHOUT PREJUDICE. The parties may file new motions taking into account any new di sclosures as appropriate. Defendant's 472 Motion for Leave to File Surreply, Defendant's 473 Motion to Seal and Plaintiff's 475 Unopposed Motion for Leave to File Amended Reply (Doc. 475) are all GRANTED. The Court has considered the reply and surreply as attached to the motions in making this ruling. (ve)
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Filing
471
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. The 317 Motion to Exclude the Expert Opinions of Brian McDonald is GRANTED IN PART and DENIED IN PART. (ve)
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Filing
468
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. The 316 Motion for Partial Summary Judgment on the Issue of Lost Earnings and Lost Earning Capacity is DENIED. The 325 Motion in Limine is GRANTED IN PART. (ve)
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Filing
433
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs granting 324 Motion in Limine (cab)
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Filing
421
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. The 255 Motion in Limine is granted in part. (ve)
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Filing
377
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs denying 314 Motion for Summary Judgment (Partial) on the Issue of Aggravating Circumstances and 315 Motion for Summary Judgment (Partial) on the Issue of Aggravating Circumstances (FILED UNDER SEAL). (ve)
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