Stidham v. Hunter's Manufacturing Company, Inc.
| Stidham and Ronald Stidham |
| Hunter's Manufacturing Company, Inc. and Hunter's Manufacturing Company, Inc. doing business as TenPoint Crossbow Technologies doing business as Wicked Ridge Crossbows |
| 5:2017cv00810 |
| April 14, 2017 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Portage |
| Sara Lioi |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on August 20, 2018. A more recent docket listing may be available from PACER.
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| Filing 46 Stipulation & Order of Voluntary Dismissal: Upon agreement of the parties, the above-captioned action is voluntarily dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party to bear its own costs. (Related Doc. No. #45 ). Judge Sara Lioi on 8/20/2018. (P,J) |
| Filing 45 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Ronald Stidham. (Elliott, Michael) |
Filing 44
Order: Upon the representation of the parties that the above-entitled cause of action has been settled between them, this case is hereby dismissed. A final Agreed Entry, approved by counsel for both parties, shall be submitted for the Court's approval on or before August 17, 2018. Any subsequent order setting forth different terms and conditions relative to the settlement and dismissal of the within action shall supersede the within order. This case hereby is closed. Judge Sara Lioi on 7/19/2018. (P,J)
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| Notice: The parties have informed Magistrate Judge George J. Limbert that this matter has settled. (S,AA) |
| Filing 43 Joint Status Report filed by Ronald Stidham. (Tittle, Don) |
| Filing 42 Reply and Memorandum in Support of #33 Motion for Summary Judgment with Request for Oral Argument filed by Hunter's Manufacturing Company, Inc. Related document #40 . (Cappel, Carolyn) |
| Filing 41 FILING ERROR, counsel to refile. Reply in support of #34 Motion for summary judgment Memorandum in Support of its Motion for Summary Judgment with Request for Oral Argument, #33 Motion for summary judgment with Request for Oral ArgumentMotion for conference/hearing filed by Hunter's Manufacturing Company, Inc.. (Cappel, Carolyn) Modified on 7/9/2018 for filing error, filer notified court of error (H,SP). |
| Filing 40 Response to Defendant's #33 motion for Summary Judgment filed by Ronald Stidham. Related document #34 . (Attachments: #1 Exhibit 1 - Rick Bednar deposition, #2 Exhibit 2 - 2005 Patent Application Grip Guard, #3 Exhibit 3 - 2015 Catalog, #4 Exhibit 4 - 2016 Catalog, #5 Exhibit 5 - Photos of Crossbow with safety wings, #6 Exhibit 6 - Crossbow Claims Chart, #7 Exhibit 7 - Sabrina Simon deposition, #8 Exhibit 8 - Ron Stidham deposition, #9 Exhibit 9 - Brian O'Donel deposition, #10 Exhibit 10 - D's Supp Answers to Plaintiff's Rogs, #11 Exhibit 11 - George Saunders deposition, #12 Exhibit 12 - 2003 Sales Catalog, #13 Exhibit 13 - Dave Robb email, #14 Exhibit 14 - Dave Robb email 11-17-08, #15 Exhibit 15 - 3-11-05 T. M. letter, #16 Exhibit 16 - 2006 Sales Catalog, #17 Exhibit 17 - Michael Shaffer depo, #18 Exhibit 18 - Sabrina Simon 3-2010 email, #19 Exhibit 19 - O. W. email, #20 Exhibit 20 - T. B. email w/ drawings, #21 Exhibit 21 - 2011 Sales Catalog, #22 Exhibit 22 - Hayes 12-10-12 email, #23 Exhibit 23 - Robb 10-3-12 email, #24 Exhibit 24 - Richard Gardner deposition, #25 Exhibit 25 - Rick Coe deposition, #26 Exhibit 26 - Affidavit of Brian O'Donel, #27 Exhibit 27 - 2009 Owner Manual, #28 Exhibit 28 - UDRI Phase 1 Report, #29 Exhibit 29 - Grip Guard emails, #30 Exhibit 30 - 1999 User's Guard with photos)(Tittle, Don) |
| Minute Order [non-document] of Telephone Conference held on 6/28/2018. Present were Attorney Don A. Tittle, Jr. as counsel for Plaintiff and Attorneys Carolyn M. Cappel and Monica L. Frantz as counsel for Defendant. Plaintiff's brief on the pending discovery dispute is due 7/13/2018; Defendant's opposition brief is due 7/27/2018; Plaintiff's reply is due 8/3/2018; Defendant's sur-reply, if necessary, is due 8/10/2018. Magistrate Judge George J. Limbert on 6/28/2018. Time: 10 Minutes(S,L) |
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Order [non-document] granting #39 plaintiff's Motion for Extension of Time until 6/29/2018 to File Response re #33 Motion for summary judgment; defendant's Reply re Motion for summary judgment due by 7/9/2018. Judge Sara Lioi on 6/14/2018. (D,S)
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| Filing 39 Unopposed Motion for extension of time until 6/22/18 to file response/reply to #33 Motion for summary judgment filed by Plaintiff Ronald Stidham. Related document(s) #33 . (Tittle, Don) |
| Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; telephonic conference held on 5/31/18 regarding the parties' discovery disputes (Related documents #35 and #37 ); Don A. Tittle, Jr. participated as counsel for plaintiff; Carolyn M. Cappel and Monica L. Frantz participated as counsel for defendant; a telephonic status conference is scheduled before Magistrate Judge George J. Limbert on 6/28/18 at 10:00 a.m.; the Court shall set up the conference call to counsel; (Court Reporter: None); Time: 30 minutes. (S,AA) |
| Filing 38 Notice of Hearing: Pursuant to the agreement of counsel, a telephonic conference upon the parties' discovery disputes is scheduled before Magistrate Judge George J. Limbert on 5/31/18 at 10:00 a.m.; the Court shall set up the conference call to counsel (Related documents #35 and #37 ). (S,AA) |
| Filing 37 Response to Plaintiffs' #35 Renewed Notice of Discovery Dispute filed by Hunter's Manufacturing Company, Inc. (Cappel, Carolyn) |
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Filing 36
Order: Pursuant to Rule 72(a) of the Federal Rules of Civil Procedure and Rule 72.2(a) of the Local Civil Rules, this matter is referred to Magistrate Judge George J. Limbert for resolution of the discovery dispute, as outlined in Plaintiffs Renewed Notices of Discovery Dispute. (Doc. No. #35 ). Judge Sara Lioi on 5/22/2018. (P,J)
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| Filing 35 Renewed Notice of Discovery Dispute filed by Ronald Stidham. Related document #25 .(Tittle, Don) |
| Filing 34 Memorandum in Support of its #33 Motion for Summary Judgment with Request for Oral Argument filed by Defendant Hunter's Manufacturing Company, Inc. (Attachments: #1 Exhibit A- Deposition of Ronald Stidham, #2 Exhibit B - Plaintiff's First Amended Objections and Answers to Defendant's First Set of Interrogatories, #3 Exhibit C - TenPoint's Supplemental Answers and Objections to Plaintiff's First Set of Interrogatories, #4 Exhibit D- TenPoint Warning Tag, #5 Exhibit E - TenPoint Owner's Manual, #6 Exhibit F - Deposition of Brian O'Donel, #7 Exhibit G - Deposition of Richard Bednar)(Cappel, Carolyn) Modified to remove motion on 5/22/2018 (M,TL). |
| Filing 33 Motion for Summary Judgment and Motion (Request) for Oral Argument filed by Defendant Hunter's Manufacturing Company, Inc. (Cappel, Carolyn). Modified to add second motion on 5/22/2018 (M,TL). |
| Filing 32 Joint Status Report filed by Ronald Stidham. (Tittle, Don) |
| Filing 31 Notice of Resolution of Discovery Dispute filed by Hunter's Manufacturing Company, Inc.. Related document(s) #29 , #25 .(Cappel, Carolyn) |
| Filing 30 Notice of Deposition Duces Tecum of Brian O'Donel, P.E. on April 18, 2018 filed by Hunter's Manufacturing Company, Inc. (Cappel, Carolyn) |
| Filing 29 Notice: Plaintiff's counsel advised the Court that the outstanding discovery dispute has been resolved; therefore, the telephonic conference which was scheduled to be held before Magistrate Judge George J. Limbert on 3/21/18 at 2:30 p.m. is cancelled at this time; counsel shall file a notice with the Court, confirming that the discovery dispute has been resolved (Related document #25 ). (S,AA) |
| Filing 28 Notice of Hearing: Pursuant to the agreement of counsel, a telephonic conference upon plaintiff's discovery dispute is scheduled before Magistrate Judge George J. Limbert on 3/21/18 at 2:30 p.m.; the Court shall set up the conference call to Attorneys Tittle and Cappel (Related document #25 ). (S,AA) |
| Filing 27 Joint Status Report filed by Ronald Stidham. (Tittle, Don) |
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Filing 26
Order: Pursuant to Rule 72(a) of the Federal Rules of Civil Procedure and Rule 72.2(a) of the Local Civil Rules, this matter is referred to Magistrate Judge George J. Limbert for resolution of the discovery dispute, as outlined in Plaintiffs' Notices of Discovery Dispute. (Doc. No. #25 ). Judge Sara Lioi on 3/14/2018. (P,J)
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| Filing 25 Notice of Discovery Dispute filed by Ronald Stidham. (Tittle, Don) |
| Filing 24 Notice to take Deposition of Dr. Lan Hua on March 27, 2018 filed by Hunter's Manufacturing Company, Inc.. (Frantz, Monica) |
| Minutes of proceedings [non-document]: A telephonic status conference was conducted on 3/8/2018 by Judge Sara Lioi. Attorney Don Tittle, Jr. participated on behalf of plaintiff; Attorney Carolyn Cappel participated on behalf of defendant. The Court reminded counsel of the requirement to file 45-day status reports. Counsel reported that they are working well together and are mostly on track to meet the case management deadlines, with the exception of a discovery dispute relating to plaintiff's request for electronic discovery. They are having trouble narrowing the search terms and have a disagreement over who should bear the cost of the ultimate production. Since the non-expert discovery cutoff has already passed, the Court will permit plaintiff to file his LR 37.1 letter outlining the discovery dispute by 3/13/2018. Thereafter, the Court will refer the matter to Magistrate Judge Limbert to assist counsel in timely resolving the dispute. (Court reporter: none) (Time: 30 minutes) (T,Je) |
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Order [non-document] granting joint motion to change status conference from 3/1/18 to 3/8/18 at 1:00 P.M. and convert status conference from in-person to telephonic. (Related Doc #23 ). The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. Judge Sara Lioi on 1/29/2018.(T,Je)
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| Filing 23 Joint Motion to Change the Date of the Status Conference to 3/8/18 and to Convert the Status Conference to a Telephonic Status Conference filed by Defendant Hunter's Manufacturing Company, Inc. (Cappel, Carolyn) |
| Filing 22 Notice to take Deposition of Plaintiff, Ronald Stidham on December 5, 2017 filed by Hunter's Manufacturing Company, Inc.. (Cappel, Carolyn) |
| Filing 21 Joint Status Report filed by Ronald Stidham. (Tittle, Don) |
| Filing 20 First Amended Answer to #1 Complaint, with Jury Demand filed by Hunter's Manufacturing Company, Inc.. (Frantz, Monica) |
| Filing 19 Unopposed Motion for leave To File First Amended Answer Instanter filed by Defendant Hunter's Manufacturing Company, Inc. (Attachments: #1 Exhibit A - First Amended Answer of Hunter's Manufacturing Company, Inc. to Plaintiff's Complaint)(Frantz, Monica) |
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Order [non-document] granting defendant's unopposed motion for leave to file its first amended answer; defendant shall forthwith separately file the amended answer that was appended to the motion for leave. (Related Doc. No. #19 ). Judge Sara Lioi on 11/6/2017.(P,J)
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Order [non-document] denying the joint motion (Doc. No. #18 ) to convert the 12/12/17 status conference to a telephone conference; further, in view of the fact that the non-expert discovery cutoff is set for 2/28/18 and dispositive motions are not due until 5/18/18, the status conference set for 12/12/17 is cancelled. The Court will conduct an in-person status conference, with party representatives and counsel, on 3/1/18 at 1:00 pm, with the goal of discussing settlement. Should the parties believe that settlement is unlikely at such conference, the Court will entertain a joint motion to convert it to a telephone conference. Judge Sara Lioi on 11/6/2017.(P,J)
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| Filing 18 Joint Motion to Convert In Person Status Conference to Telephonic Status Conference filed by Defendant Hunter's Manufacturing Company, Inc. Related document(s) #12 . (Cappel, Carolyn) |
| Filing 17 Notice of Service of First Request for Production of Documents and First Set of Interrogatories Propounded to Plaintiff filed by Hunter's Manufacturing Company, Inc.. (Cappel, Carolyn) |
| Filing 16 Notice of Service of Responses to Plaintiff's First Request for Production of Documents and First Set of Interrogatories filed by Hunter's Manufacturing Company, Inc.. (Cappel, Carolyn) |
| Filing 15 Stipulated Protective Order regarding confidential documents. Judge Sara Lioi on 9/13/2017. (Attachments: #1 Acknowledgement and Agreement to be Bound) (P,J) |
| Filing 14 Proposed Stipulation for Protective Order filed by Hunter's Manufacturing Company, Inc. (Document not text searchable.) (Attachments: #1 Acknowledgement and Agreement to be Bound)(Cappel, Carolyn) Modified text to note document not text searchable and attorney notified on 9/15/2017 (M,TL). |
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Order [non-document] denying the parties' joint proposal for entry of a stipulated protective order. (Doc. No. #13 ) Paragraph 6(d) of the form protective order in Appendix L to the Local Rules provides that when a judicial officer has developed procedures regarding the filing of sealed documents, those procedures must be followed. In this case, the Court has published procedures for filing sealed documents in Section VII of the Initial Standing Order (Doc. No. 4). Although paragraph 6 of the proposed protective order generally follows the pattern order in Appendix L to the Local Rules, that pattern order is not consistent with the Court's method set forth in the Initial Standing Order. If the parties still desire a protective order, they should submit another proposed order that contains language consistent with Section VII of the Court's Initial Standing Order regarding the filing of sealed documents. Judge Sara Lioi on 9/6/2017. (D,S)
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| Filing 13 Proposed Stipulation for Protective Order filed by Hunter's Manufacturing Company, Inc.. (Cappel, Carolyn) |
| Filing 12 Case Management Plan and Trial Order. Case is assigned to the standard track. Deadline to add parties or amend pleadings 9/29/2017; Deadline for completing non-expert discovery 2/28/2018; The parties do not anticipate discovery of electronically-stored information (but will address if it comes up); Deadline for party with burden of proof to identify experts and provide reports 1/12/2018; Deadline to identify rebuttal experts and provide reports 3/9/2018; Deadline for completing expert discovery 4/30/2018; Deadline for filing dispositive motions 5/18/2018; Deadline for filing oppositions to motions 6/15/2018; Deadline for filing replies to responses 6/29/2018; Status Conference set for 12/12/2017 at 11:00 a.m.; Final Pretrial Conference set for 9/25/2018 at 1:30 p.m.; Jury Trial set on two week standby period beginning 10/22/2018 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 6/21/2017. (P,J) |
| Minutes of proceedings [non-document]. A telephonic Case Management Conference was conducted on 6/21/17 by Judge Sara Lioi. Attorney Don Tittle, Jr. participated on behalf of plaintiff; Attorney Carolyn Cappel participated on behalf of defendant. The Court discussed case management deadlines and the same will issue by separate order. (Court reporter: None) (Time: 10 minutes) (P,J) |
| Filing 11 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Ronald Stidham. (Tittle, Don) |
| Filing 10 Notice of Service of Defendant's Rule 26(A)(1) Initial Disclosures filed by Hunter's Manufacturing Company, Inc.. (Cappel, Carolyn) |
| Filing 9 Notice of Service of Initial Disclosures filed by Ronald Stidham. (Tittle, Don) |
| Filing 8 Corporate Disclosure Statement filed by Hunter's Manufacturing Company, Inc.. (Cappel, Carolyn) |
| Notice by Clerk that Hunter's Manufacturing Company, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,TL) |
| Filing 7 Magistrate Consent Package issued. (P,J) |
| Filing 6 Case Management Conference Scheduling Order. Telephone case management conference, with counsel only, to be held on 6/21/2017 at 1:00 PM before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 5/31/2017. All other parties must serve on opposing parties the initial disclosures by 6/7/2017. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 5/15/2017. (Attachments: #1 Report of Parties' Planning Meeting)(P,J) |
| Filing 5 Answer to #1 Complaint, with Jury Demand filed by Hunter's Manufacturing Company, Inc.. (Cappel, Carolyn) |
| Filing 4 Initial Standing Order. Judge Sara Lioi on 4/17/2017. (P,J) |
| Filing 3 Original Summons and Magistrate Consent Form issued for service upon Hunter's Manufacturing Company, Inc. (Attachments: #1 Magistrate Consent Form) (M,TL) (Additional attachment(s) added on 4/17/2017: #2 Summons) (M,TL). |
| Judge Sara Lioi assigned to case. (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) |
| Filing 2 Praecipe for issuance of Original Summons . filed by Ronald Stidham. Related document(s) #1 . (Attachments: #1 Summons)(Tittle, Don) |
| Filing 1 Complaint with jury demand against Hunter's Manufacturing Company, Inc. Filing fee paid $ 400, receipt number 0647-8115842. Plaintiff has indicated that case may be a refiling of terminated case 5:16cv2262. Filed by Ronald Stidham. (Attachments: #1 Civil Cover Sheet) (Tittle, Don) |
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