Bennett et al v. Ford Motor Company et al
| Norbert A Bennett and Diana L Bennett |
| Ford Motor Company and Lear Corporation |
| 1:2014cv00318 |
| April 25, 2014 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Jeremiah J McCarthy |
| William M Skretny |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Both |
Docket Report
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| Filing 60 TEXT ORDER This Court having been advised that this case has been settled. IT HEREBY IS ORDERED that this case is DISMISSED with the right, to re-open upon good cause shown within 60 days, if settlement is not consummated. FURTHER, the parties are directed to file with the Clerk of the Court a stipulation of discontinuance on or before 6/15/2017. FURTHER, that the Clerk of the Court is DIRECTED to close this case. SO ORDERED. Issued by William M. Skretny, United States District Judge on 4/17/2017. (MEAL) - CLERK TO FOLLOW UP- |
| Filing 59 Mediation Certification by Michael Menard(Menard, Michael) |
| Filing 58 Minute Entry for proceedings held before the Hon. William M. Skretny: Status Conference held on 3/9/2017. Case did not settle through mediation with Michael Menard. Parties will pursue another mediation session. Consent to proceed before the Magistrate Judge being considered. An additional Status Conference is scheduled for 4/19/2017 at 10:00 AM before the Hon. William M. Skretny. For the pltf. - Michael Perley and Earl Cantwell. For the defts. - Robert Scumaci and Kyle Dukmen. (Court Reporter Lori Beck, Jack W. Hunt and Associates, Inc.) (JDK) |
| E-Filing Notification: 57 SCHEDULING NOTICE. A Status Conference is scheduled for 3/9/2017 at 10:00 AM before the Hon. William M. Skretny. (MEAL) Modified on 2/6/2017 to correct the year of the scheduled conference. (MEAL). |
| Filing 57 SCHEDULING NOTICE. A Status Conference is scheduled for 3/9/2017 at 10:00 AM before the Hon. William M. Skretny. (MEAL) Modified on 2/6/2017 to correct the year of the scheduled conference. (MEAL). |
| Filing 56 TEXT ORDER Presently before this Court are Defendant Ford Motor Company's Objections #54 to the Magistrate Judge's Report and Recommendation #51 . Having reviewed the Report and Recommendation de novo after considering Defendant's Objections and the parties' submissions, see 28 U.S.C. 636(b)(1), this Court concurs with the recommendation contained in the Report and Recommendation. Accordingly, the #54 Objections are DENIED, and the #51 Report and Recommendation is ACCEPTED in its entirety, including the authorities cited and the reasons given therein. IT HEREBY IS ORDERED, that the #51 Report and Recommendation is ACCEPTED. FURTHER, that the #54 Objections are DENIED. FURTHER, that Defendants Motion for Summary Judgment #39 is DENIED consistent with the Report and Recommendation. SO ORDERED. Issued by William M. Skretny, United States District Judge on 1/11/2017. (MEAL) |
| Filing 55 REPLY/RESPONSE to re #54 Objection to Report and Recommendations, #51 REPORT AND RECOMMENDATIONS re #39 MOTION for Summary Judgment filed by Ford Motor Company Objections due fourteen days from receipt. filed by Diana L Bennett, Norbert A Bennett. (Cantwell, Earl) |
| Filing 54 OBJECTION to #51 Report and Recommendations by Ford Motor Company. (Attachments: #1 Certificate of Service)(Scumaci, Robert) |
| Filing 53 TEXT ORDER. IT HEREBY IS ORDERED THAT, Defendant Ford Motor Company's #52 Motion for a 45 Day Extension of Time to File Objections to the #51 Report and Recommendation of Magistrate Judge McCarthy is GRANTED. SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/30/2016. (MEAL) |
| Filing 52 MOTION for Extension of Time to File Objections to Magistrate McCarthy's Report and Recommendation of 9-15-16 by Ford Motor Company. (Attachments: #1 Affidavit Affirmation of Robert G. Scumaci, #2 Certificate of Service)(Scumaci, Robert) |
| Filing 51 REPORT AND RECOMMENDATION re #39 MOTION for Summary Judgment filed by Ford Motor Company. Objections to R&R due by 10/3/2016. Signed by Hon. Jeremiah J. McCarthy on 9/15/16. (DAZ) |
| Filing 50 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 7/26/2016 re #39 MOTION for Summary Judgment by Ford Motor Company. Report and Recommendation in due course. APPEARANCES: Earl K. Cantwell for Plaintiffs; Robert Scumaci, Kyle William Dukmen for Defendant. (FTR GOLD) (DAZ) |
| Filing 49 REPLY/RESPONSE to re #39 MOTION for Summary Judgment filed by Diana L Bennett, Norbert A Bennett. (Cantwell, Earl) |
| Filing 48 NOTICE of Appearance by Earl K. Cantwell on behalf of Diana L Bennett, Norbert A Bennett (Cantwell, Earl) |
| Filing 47 CALENDAR EVENT : Oral Argument set for 7/26/2016 at 03:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) |
| Filing 46 TEXT ORDER granting #45 Plaintiffs' Motion for Leave to File a Reply. Reply will be due by July 15, 2016. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/8/16. (DAZ) |
| Filing 45 Plaintiffs' Motion for Leave to File a Reply by Diana L Bennett, Norbert A Bennett re #39 MOTION for Summary Judgment (Cantwell, Earl) Modified on 7/8/2016 (DAZ). |
| Filing 44 CONTINUATION OF EXHIBITS Mark Hoffman Declaration. (Scumaci, Robert) |
| E-Filing Notification regarding #43 RESPONSE - Attachment #1 (Affidavit of M. Hoffman) is filed sideways. Filer is directed to use the "continuation of exhibits" event and refile this exhibit (not the entire filing) so that it can be viewed on line. (JMM) |
| Filing 43 RESPONSE in Support re #39 MOTION for Summary Judgment and in Reply to Plaintiffs' Opposition filed by Ford Motor Company. (Attachments: #1 Affidavit Declaration of Mark Hoffman, #2 Exhibit A, #3 Exhibit B, #4 Memorandum in Support, #5 Certificate of Service)(Scumaci, Robert) |
| Filing 42 AFFIDAVIT of Earl K. Cantwell in Opposition re #39 MOTION for Summary Judgment filed by Diana L Bennett, Norbert A Bennett. (Attachments: #1 Exhibit A to Cantwell Affidavit, #2 Exhibit B to Cantwell Affidavit, #3 Exhibit C to Cantwell Affidavit, #4 Exhibit D to Cantwell Affidavit, #5 Exhibit E to Cantwell Affidavit, #6 Exhibit F to Cantwell Affidavit, #7 Exhibit G to Cantwell Affidavit, #8 Exhibit H to Cantwell Affidavit, #9 Affidavit Affidavit of Cam Cope, #10 Exhibit A to Cope Affidavit, #11 Exhibit B to Cope Affidavit, #12 Exhibit C to Cope Affidavit, #13 Exhibit D to Cope Affidavit, #14 Exhibit E to Cope Affidavit, #15 Affidavit Affidavit of Norbert Kupinski, #16 Exhibit A to Kupinski Affidavit, #17 Affidavit Affidavit of Norbert Bennett, #18 Exhibit A to Bennett Affidavit, #19 Memorandum in Support Memorandum of Law in Opposition to Summary Judgment Motion, #20 Certificate of Service Certificate of Service)(Cantwell, Earl) |
| Filing 41 STATEMENT OF FACTS (Plaintiffs' Response to Defendant's Rule 56 Statement of Facts) by Diana L Bennett, Norbert A Bennett Related document: #39 Motion for Summary Judgment,. (Cantwell, Earl) |
| Filing 40 TEXT ORDER : Plaintiffs' response to defendant's motion for summary judgment #39 shall be served and filed on or before June 27, 2016; a reply, if any, shall be served and filed on or before July 6, 2016, after which time the motion will be taken under advisement without oral argument unless otherwise requested by the parties or deemed necessary by the Court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/3/16. (DAZ) |
| Filing 39 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Statement of Undisputed Facts, #2 Affidavit, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Affidavit of Mark Hoffman, #9 Exhibit 1 to Hoffman Affidavit, #10 Exhibit 2 of Hoffman Affidavit, #11 Exhibit 3 of Hoffman Affidavit, #12 Exhibit 4 of Hoffman Affidavit, #13 Memorandum in Support, #14 Certificate of Service)(Scumaci, Robert) |
| Filing 38 Mediation Certification by Michael Menard(Menard, Michael) |
| Filing 37 TEXT ORDER : By letter dated November 2, 2015 #36 , the deadline for completion of fact discovery under my Amended Case Management Order #33 , counsel request a six-month extension of all remaining deadlines "because certain aspects of discovery have been delayed as a result of the parties being engaged in a substantial mediation process". However, this court has repeatedly made clear that participation in mediation is not a basis for extending deadlines to which the parties have agreed. SeeCase Management Order #23 6; Amended Case Management Order #33 6; ADR Plan 4.1(C) ("[t]he referral of a case to ADR does not delay or defer other dates established in the Scheduling Order"); Arnold v. Krause, Inc., 233 F.R.D. 126, 130 (W.D.N.Y. 2005) ("the possibility of settlement exists in virtually every civil case. However... this does not provide an adequate basis for failing to comply with an unequivocal scheduling order of the court"). While the parties may voluntarily continue discovery beyond the deadlines of the Amended Case Management Order, they may not seek the court's assistance in doing so. The deadline for dispositive motions will be extended to June 3, 2016. In the event no dispositive motions are filed, a status conference will be held on June 10, 2016 at 9:30 a.m. The parties may participate by telephone upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/3/15. (DAZ) |
| Filing 36 The parties' joint motion to extend the remaining deadlines of the Amended Case Management Order (Robert G. Scumaci, Esq.)(DAZ) |
| CALENDAR EVENT : Status Conference set for 6/10/2016 at 09:30 AM before Hon. Jeremiah J. McCarthy. (DAZ) |
| Filing 35 Mediation Certification by Michael Menard(Menard, Michael) |
| Filing 34 Mediation Certification by Michael Menard(Menard, Michael) |
| Filing 33 AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 4/4/2016. In the event that no dispositive motions are filed, a Status Conference is set for 4/7/2016 at 09:30AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 4/8/15. (DAZ) |
| *** MOTION TERMINATED *** #32 Motion for Extension of Time to Complete Discovery granted per #33 . (DAZ) |
| Filing 32 Joint MOTION for Extension of Time to Complete Discovery (Harry F. Mooney, Esq.) (Filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) |
| Filing 31 Mediation Certification by Michael Menard(Menard, Michael) |
| Filing 30 Stipulation-Selection of Mediator by Ford Motor Company. (Scumaci, Robert) |
| Filing 29 DECISION AND ORDER granting Plaintiffs' #24 Motion to Dismiss Defendant Lear Corporation from this action without prejudice and without an award of costs or attorney's fees to Lear. Signed by Hon. Jeremiah J. McCarthy on 1/14/2015. (CLERK TO FOLLOW UP). (CMD) |
| Filing 28 REPLY/RESPONSE to re #27 Declaration filed by Diana L Bennett, Norbert A Bennett. (Attachments: #1 Memorandum in Support)(Mooney, Harry) |
| Filing 27 DECLARATION signed by Kevin A. Szanyi re #24 MOTION to Dismiss Defendant Lear filed by Lear Corporation filed by Lear Corporation. (Attachments: #1 Memorandum in Support)(Szanyi, Kevin) |
| Filing 26 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by William M. Skretny, Chief Judge on 8/12/2014. (MEAL) |
| Filing 25 SCHEDULING NOTICE on #24 Motion to Dismiss. Response due by 8/25/2014. Reply due by 9/4/2014. Oral Argument will be scheduled by the Court as necessary. (MEAL) |
| Filing 24 MOTION to Dismiss Defendant Lear by Diana L Bennett, Norbert A Bennett. (Attachments: #1 Affidavit of Harry F. Mooney, Esq., #2 Exhibit Szanyi correspondence, #3 Exhibit Szanyi correspondence, #4 Memorandum in Support)(Mooney, Harry) |
| Filing 23 CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 11/16/2015. In the event that no dispositive motions are filed, a Trial Date Status Conference set for 11/20/2015 at 09:00AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 7/24/14. (DAZ) |
| Filing 22 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Chambers Conference held on 7/24/2014. Discussed scheduling issues. APPEARANCES: Harry F. Mooney for Plaintiffs; Robert G. Scumaci and Kyle William Dukmen for Defendant Ford Motor Company; Kevin A. Szanyi for Defendant Lear Corporation. (DAZ) |
| Filing 21 DISCOVERY PLAN by Ford Motor Company.(Scumaci, Robert) |
| Filing 20 TEXT ORDER: As agreed to by the parties at the July 3, 2014 proceeding, the deadline for the parties' submission of a proposed case management order or orders shall be July 21, 2014. The July 17, 2014 scheduling conference is rescheduled to July 24, 2014 at 10:00 a.m.SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/7/2014. (JCCh) |
| Filing 18 TEXT ORDER granting #17 Motion for Pro Hac Vice of Burgain G. Hayes. Issued by Hon. Jeremiah J. McCarthy on 7/7/14. (DAZ) |
| Verified admission to the Texas State Bar for Burgain Hayes, Esq. (SG) |
| Filing 19 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/3/2014. Set further deadlines for parties' submission of proposed case management order or orders and alternate Rule 16 conference date in the event that the parties cannot reach agreement on a proposed case management order. Appear: Michael F. Perley (Norbert A. Bennett and Diana L. Bennett); Robert G. Scumaci and Kyle William Dukmen (Ford Motor Company); Kevin A. Szanyi (Lear Corporation). (FTR Gold) (JCCh) |
| Filing 17 MOTION to appear pro hac vice on behalf of Burgain Hayes, Esq. ( Filing fee $ 150 receipt number 0209-2063225.) by Lear Corporation. (Attachments: #1 Affidavit Sponsoring Affidavit of Kevin A. Szanyi, #2 Petition of Burgain Hayes, Attorney's Oath, Oath of Office, and Attorney Data Base Information, #3 Certificate of Service)(Szanyi, Kevin) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (DLC) |
| Filing 16 ANSWER to #1 Complaint by Lear Corporation. (Attachments: #1 Certificate of Service)(Szanyi, Kevin) |
| Filing 15 TEXT ORDER : At the parties' request, a conference is scheduled for July 3, 2014 at 10:30 a.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/27/14. (DAZ) |
Filing 14
ORDER OF PRELIMINARY PRETRIAL Conference set for 7/17/2014 at 11:30 AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 6/16/14. (DAZ)
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Filing 13
TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Chief Judge William M. Skretny on 6/11/2014. (JCD)
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| Filing 12 AFFIDAVIT of Service for Summons & Complaint by personal service on Lear Corporation served on Lear Corporation on May 6, 2014, filed by Diana L Bennett, Norbert A Bennett. (Mooney, Harry) |
| Filing 11 NOTICE of Appearance by Kyle William Dukmen on behalf of Ford Motor Company (Dukmen, Kyle) |
| Filing 10 CERTIFICATE OF SERVICE by Ford Motor Company re #8 Notice of Appearance, #9 Answer to Complaint (Scumaci, Robert) |
| Filing 9 ANSWER to #1 Complaint by Ford Motor Company.(Scumaci, Robert) |
| Filing 8 NOTICE of Appearance by Robert G. Scumaci on behalf of Ford Motor Company (Scumaci, Robert) |
| Filing 7 AFFIDAVIT of Service for Summons & Complaint served on Lear Corporation on May 15, 2014, filed by Diana L Bennett, Norbert A Bennett. (Mooney, Harry) |
| Filing 6 TEXT ORDER. The #5 Stipulation for Extension of Time for Defendant, Lear Corporation to Answer is HEREBY APPROVED. The Defendant's time to answer or otherwise make motions with respect to the Summons and Complaint is extended to 6/30/2014. Issued by William M. Skretny, Chief Judge U.S.D.C. on 5/27/2014. (CMD) |
| Filing 5 STIPULATION re #1 Complaint signed by the parties, by their respective counsel, that Defendant Lear Corporation's time to respond to plaintiffs' complaint be extended to and including June 30, 2014 by Lear Corporation. (Szanyi, Kevin) |
| Filing 4 NOTICE of Appearance by Kevin A. Szanyi on behalf of Lear Corporation (Attachments: #1 Certificate of Service)(Szanyi, Kevin) |
| Filing 3 AFFIDAVIT of Service for Summons and Complaint served on Ford Motor Company on 05/06/2014, filed by Diana L Bennett, Norbert A Bennett. (Mooney, Harry) |
| Filing 2 Consent to Magistrate Judge forms electronically forwarded to attorney. Notification to chambers of on-line civil opening (SG) |
| Case assigned to Hon. William M. Skretny. (SG) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0209-2019017.), filed by Norbert A Bennett, Diana L Bennett. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Mooney, Harry) |
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