McIntire et al v. Whirlpool Corporation et al
| Tammy McIntire and Gary McIntire |
| Whirlpool Corporation and Kenco Material Handlng Solutions, LLC |
| 3:2021cv01170 |
| June 11, 2021 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 5, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 CASE MANAGEMENT CONFERENCE ORDER. Case Management Conference (CMC) held on 8/4/21. Case is assigned to the Standard Track with trial in SEPTEMBER 2022. Counsel shall promptly file an agreed Protective Order and comply with local rules for any discovery disputes. Settlement Conference will be scheduled for July 2022. If Court assistance is needed, counsel should schedule with Chambers at least two months ahead. Parties do not anticipate discovery issues or problems at this time. Counsel are scheduling an inspection of the cart and identifying repairs. Deadline for amending pleadings/adding parties: 9/30/21. Counsel are reminded to follow the amended Civil Rules re proportional discovery and civility. Counsel will stage depositions pursuant to 2015 Civil Rules amendments. See Civil Case Management Procedures (Doc. #2 at Paragraph 3). Discovery deadlines: Liability/Damages (for non-expert fact discovery) due by 4/22/22; Parties with Burden of Proof Expert disclosures, with reports, due by 5/31/22; Rebuttal Expert disclosures, with reports, due by 7/1/22. Expert depositions and dispositive motions require prior Court approval. See attached Order for briefing requirements. Failure to follow will result in Clerk striking the briefing. Counsel shall describe in the case caption whether a motion is "opposed" or "unopposed" -- which means counsel MUST confer with opposing counsel BEFORE filing any motion -- procedural or substantive. Counsel shall file a brief Joint Status Report by 1/10/22. (30 min) Judge Jack Zouhary on 8/5/21. (S,Na) |
| Filing 17 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Richards, Adam) |
| Filing 16 Answer to Complaint and Affirmative Defenses (Related Doc #1 ) filed by Whirlpool Corporation. (Skow, Sarah) |
ORDER [non-document]. The cross-Motions for Summary Judgment (Docs. #12 #13 #14 ) are dismissed without prejudice in light of the Order of Certification (Doc. #15 ). Judge Jack Zouhary on 7/27/21. (S,Na)
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Filing 15
ORDER Certifying Question to The Ohio Supreme Court. Judge Jack Zouhary on 7/26/21. (S,Na)
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| Filing 14 Motion for partial summary judgment filed by Defendant Kenco Material Handlng Solutions, LLC. Related document(s) #13 . (Mazza, John) |
| Filing 13 Motion for partial judgment on the pleadings regarding loss of consortium filed by Defendant Whirlpool Corporation. (Skow, Sarah) |
| Filing 12 Motion for summary judgment on Loss of Consortium Claim< filed by Gary McIntire, Tammy McIntire. (Attachments: #1 Exhibit A Decision Myever v Cohn, #2 Exhibit B Decision Parpart v Lancione, #3 Exhibit C Decision McLaren v HB Klub)(Richards, Adam) |
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Filing 11
ORDER. At the request of counsel, Phone Status held on 7/8/21. Court discussed with counsel potential motion practice regarding a parental consortium claim. See attached position statements. Counsel shall file cross-motions for partial summary judgment on this issue by 7/16/21 (5-page limit). (20 min) Judge Jack Zouhary on 7/8/21. (Attachments: #1 Position Statements, #2 Myers v. Cohn) (S,Na)
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| NOTICE [non-document] of Phone Status set for 7/8/21 at 12:30 PM (EDT) before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 10 Marginal Entry Order #8 granting Motion for appearance pro hac vice by attorney Robyn E. Gallagher for Whirlpool Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 7/1/2021. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 9 Marginal Entry Order granting #7 Motion for appearance pro hac vice by attorney Kevin M. Smith for Whirlpool Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 7/1/2021. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 8 Motion for attorney Robyn E. Gallagher to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10900966, filed by Defendant Whirlpool Corporation. (Attachments: #1 Affidavit Declaration of Robin Gallagher)(Skow, Sarah) |
| Filing 7 Motion for attorney Kevin M. Smith to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10900946, filed by Defendant Whirlpool Corporation. (Attachments: #1 Affidavit Declaration of Kevin Smith)(Skow, Sarah) |
| Filing 6 CASE MANAGEMENT CONFERENCE NOTICE. Initial Phone Status held on 6/23/21. Case Management Conference (CMC) to be held on 8/4/21 at 8:45 AM before Judge Jack Zouhary. Counsel may participate by phone, and party attendance is not required. At that time, counsel shall call the District Court conference line. Initial Disclosures shall be exchanged no later than 2 weeks prior to the CMC. Report of Parties' Planning Meeting shall be jointly signed and filed at least 3 days before the CMC. (20 min) Judge Jack Zouhary on 6/23/21. (S,Na) |
| Filing 5 Corporate Disclosure Statement filed by Kenco Material Handlng Solutions, LLC. (Mazza, John) |
| Filing 4 Corporate Disclosure Statement identifying Other Affiliate Primecap Management Company, Other Affiliate Whirlpool S.A. (Brazil), Other Affiliate Whirlpool of India Limited (India), Other Affiliate Vanguard Group, Inc. for Whirlpool Corporation filed by Whirlpool Corporation. (Skow, Sarah) |
| NOTICE [non-document] of Initial Phone Status set for 6/23/21 at 9:15 AM (EDT) before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. No dispositive motions shall be filed prior to the Initial Phone Status. (S,Na) |
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ORDER [non-document] granting Defendant's Unopposed Motion for Extension of Time until 8/2/21 to answer (Doc. #3 ). Judge Jack Zouhary on 6/15/21. (S,Na)
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| Remark by Finance. Funds in the amount of $402.00 refunded on 06/15/2021 for receipt #AOHNDC-10879129. (K,Ve) |
| Filing 3 Unopposed Motion for extension of time until August 2, 2021 to answer filed by Defendant Whirlpool Corporation. (Skow, Sarah) |
| Notice to Attorney Jonathan N. Bond. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 2 Civil Case Management Procedures Order. Judge Jack Zouhary on 6/11/2021. (M,L) |
| Filing 1 Notice of Removal from Marion County Court of Common Pleas, case number 2021 CV 0140 with jury demand, . Filing fee not paid, IFP. Filed by Whirlpool Corporation. (Attachments: #1 Exhibit A - Marion County, OH Complaint and Answer of Defendant Kenco Material Hanling Solutions, LLC, #2 Exhibit B - Declaration of John P. Mazza, Esq., #3 Exhibit C - Marion County Notice of Filing Notice of Removal, #4 Civil Cover Sheet) (Skow, Sarah) |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate Payment. Receipt #: AOHNDC-10879129, filed by Whirlpool Corporation. (Skow, Sarah) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (M,L) |
| Judge Jack Zouhary assigned to case. (M,L) |
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