Northgate Lincoln-Mercury, Inc. et al v. Ford Motor Company
| Montgomery Lincoln, Inc., d/b/a Lincoln of Cincinnati, Northgate Lincoln-Mercury, Inc., Cincyautos, Montgomery Lincoln, Inc. doing business as Lincoln of Cincinnati, Northgate Lincoln-Mercury, Inc. doing business as Northgate Ford and Cincyautos, Inc. doing business as Lebanon Ford doing business as Interstate Ford |
| Ford Motor Company |
| 1:2023cv00131 |
| March 6, 2023 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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NOTATION ORDER granting #43 Defendant's Motion for Leave to File Sur-Reply. Signed by Judge Michael R. Barrett on 11/7/2023. (kkz)
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| Filing 43 MOTION for Leave to File Sur-Reply by Defendant Ford Motor Company. (Attachments: #1 Post Hearing Sur-Reply) (McNellie, Elizabeth) |
| Filing 42 BRIEF by Plaintiffs Cincyautos, Inc., Montgomery Lincoln, Inc., Northgate Lincoln-Mercury, Inc.. (Attachments: #1 Exhibit A Illinois Decision) (Cornett, Curtis) |
| Filing 41 BRIEF by Defendant Ford Motor Company. (Attachments: #1 Exhibit) (Wood, Jeremiah) |
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Notation Order: Defendant Ford Motor Company's #24 Motion to Exclude Expert Report and Testimony of Zach Doran is hereby DENIED as MOOT for the reasons stated on the record during the hearing on Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Michael R. Barrett on 10/31/2023. (kkz)
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| Filing 40 BRIEF by Plaintiffs Cincyautos, Inc., Montgomery Lincoln, Inc., Northgate Lincoln-Mercury, Inc.. (Cornett, Curtis) |
| Filing 39 Preliminary Injunction Hearing Exhibit List. (kkz) |
| Filing 38 Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing (Day 2) held on 10/17/2023 re 6 Plaintiff's MOTION for Preliminary Injunction; counsel present; testimony heard and exhibits admitted; Parties agree to the following briefing schedule: Plaintiff's post hearing brief due 10/24/2023; Defendant's Response due 10/31/2023; Reply due 11/6/2023. Court's order to follow. (Court Reporter: Lisa Conley-Yungblut) (kkz) |
| Filing 37 Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 10/16/2023 re 6 Plaintiff's MOTION for Preliminary Injunction; counsel present; testimony heard and exhibits admitted; hearing to reconvene on 10/17/2023 at 9:00 AM. (Court Reporter: Lisa Conley-Yungblut) (kkz) |
| Filing 36 NOTICE OF FILING DEPOSITION of Robert Reichert by Defendant Ford Motor Company. (Attachments: #1 Exhibit Transcript) (Wood, Jeremiah) |
| Filing 35 NOTICE OF FILING DEPOSITION of Paul Nichols by Defendant Ford Motor Company. (Attachments: #1 Exhibit Transcript) (Wood, Jeremiah) |
| Filing 34 NOTICE OF FILING DEPOSITION of Cheryl Miller by Defendant Ford Motor Company. (Attachments: #1 Exhibit Transcript) (Wood, Jeremiah) |
| Filing 33 NOTICE OF FILING DEPOSITION of Nicholas McClellan by Defendant Ford Motor Company. (Attachments: #1 Exhibit Transcript) (Wood, Jeremiah) |
| Filing 32 RESPONSE in Opposition re #24 MOTION to Exclude Expert Report and Testimony of Zach Doran filed by Plaintiffs Cincyautos, Inc., Montgomery Lincoln, Inc., Northgate Lincoln-Mercury, Inc.. (Cornett, Curtis) |
| [FILED IN ERROR] Notice of Correction re: 28 Sealed Document, exhibits were not text searchable, re-filing entire document. (md) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/12/2023; Curtis Cornett and Alison Huenfeld appeared for Plaintiffs; Jeremiah Wood and Elizabeth McNellie appeared for Defendant; Hearing format discussed; Preliminary Injunction Hearing to proceed on 10/16/2023 at 10:00 AM before Judge Michael R. Barrett in Room 109. (kkz) |
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Filing 26
ORDER granting #23 Plaintiffs' Motion to File Deposition Transcripts Under Seal. Signed by Judge Michael R. Barrett on 10/11/2023. (kkz)
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| Filing 25 Memorandum in Support of doc #24 Motion to Exclude the Expert Report and Testimony of Zach Doran (Attachments: #1 Exhibit 1 - Plaintiff's Notice Regarding Expert Witnesses, #2 Exhibit 2 - Plaintiff's Disclosure of Rebuttal Expert Witness) (McNellie, Elizabeth) Modified docket text and to link document on 10/11/2023 (md). |
| Filing 24 MOTION to Exclude Expert Report and Testimony of Zach Doran by Defendant Ford Motor Company. (McNellie, Elizabeth) |
| Filing 23 MOTION to File Document Under Seal by Plaintiffs Cincyautos, Inc., Montgomery Lincoln, Inc., Northgate Lincoln-Mercury, Inc.. (Attachments: #1 Text of Proposed Order) (Cornett, Curtis) |
| Filing 22 NOTICE OF FILING DEPOSITION of Zach Doran by Defendant Ford Motor Company. (Attachments: #1 Exhibit Exhibit 1) (Wood, Jeremiah) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 10/12/2023 at 3:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 4/26/2023 for conferencing instructions. (kkz) |
| Filing 21 Reply Brief in Support of Plaintiffs' Motion for Preliminary Injunction by Plaintiffs Cincyautos, Inc., Montgomery Lincoln, Inc., Northgate Lincoln-Mercury, Inc.. (Attachments: #1 Exhibit A New York Decision) (Cornett, Curtis) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/12/2023; Curtis Cornett appeared for Plaintiffs; Jeremiah Wood appeared for Defendant; case matters discussed; deposition to proceed as discussed by the Court. (kkz) |
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Filing 20
ORDER granting #18 Joint Motion for Extension of Time - Discovery due by 9/15/2023. Signed by Judge Michael R. Barrett on 9/5/2023. (kkz)
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| Filing 19 BRIEF in Opposition re Motion for Preliminary Injunction by Defendant Ford Motor Company of Filing Defendant's Brief in Opposition to Plaintiffs' Motion for a Preliminary Injunction (McNellie, Elizabeth) Modified docket text on 9/5/2023 (eh). |
| Filing 18 First MOTION for Extension of Time New date requested 9/15/2023. by Plaintiffs Cincyautos, Inc., Montgomery Lincoln, Inc., Northgate Lincoln-Mercury, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Cornett, Curtis) |
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NOTATION ORDER granting #17 Defendant's Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 8/28/2023. (kkz)
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| Filing 17 MOTION for Leave to File Excess Pages by Defendant Ford Motor Company. (McNellie, Elizabeth) |
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Filing 16
AMENDED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 8/14/2023. (kkz)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 8/3/2023; Curtis Cornett appeared for plaintiff; Jeremiah Wood appeared for defendant; outstanding discovery issues discussed; plaintiff to contact the Court's Law Clerk in the event another Discovery Conference is necessary. (eh) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 7/31/2023; Curtis Cornett appeared for Plaintiffs; Jeremiah Wood appeared for Defendant; Court modifies previous notation order from 7/12/2023 - documents to remain "Attorneys Eyes Only" subject to review from counsel; parties to confer regarding discovery discussed; a follow up Discovery Conference is set for 8/3/2023 at 2:30 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 4/26/2023 for conferencing instructions. (kkz) |
| NOTICE of Hearing: Please be aware that a Discovery Conference is set for 7/31/2023 at 11:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 4/26/2023 for conferencing instructions. (kkz) |
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Filing 15
PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 7/18/2023. (kkz)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 7/12/2023; Curtis Cornett appeared for plaintiffs; Jeremiah Wood appeared for defendants; Court grants in part and denies in part #10 Defendant's Motion for Protective Order; parties to proceed with discovery as directed by the Court. (kkz) |
| Filing 14 REPLY to Response to Motion re #10 MOTION for Protective Order filed by Defendant Ford Motor Company. (McNellie, Elizabeth) |
| Filing 13 CORRECTED RESPONSE (Former doc #11 ) in Opposition re #10 MOTION for Protective Order filed by Plaintiffs Cincyautos, Inc., Montgomery Lincoln, Inc., Northgate Lincoln-Mercury, Inc.. (Attachments: #1 Exhibit Declaration of Curtis L. Cornett, Esq., #2 Exhibit Proposed Protective Order) (Cornett, Curtis) Modified docket text, refiled to make text searchable on 6/22/2023 (md). |
| Filing 12 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #11 Response in Opposition to Motion, filed by Northgate Lincoln-Mercury, Inc., Cincyautos, Inc., Montgomery Lincoln, Inc.., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #11 Response in Opposition to Motion, filed by Northgate Lincoln-Mercury, Inc., Cincyautos, Inc., Montgomery Lincoln, Inc.. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 6/23/2023. (bjc) |
| Filing 11 RESPONSE (re-filed as text searchable as doc #13 ) in Opposition re #10 MOTION for Protective Order filed by Plaintiffs Cincyautos, Inc., Montgomery Lincoln, Inc., Northgate Lincoln-Mercury, Inc.. (Attachments: #1 Exhibit Declaration of Curtis L. Cornett, Esq., #2 Exhibit Proposed Protective Order) (Cornett, Curtis) Modified on 6/22/2023 (md). |
| Filing 10 MOTION for Protective Order by Defendant Ford Motor Company. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A - Memorandum in Support, #3 Exhibit B - Proposed Protective Order, #4 Exhibit C - Higgenbotham Protective Order, #5 Exhibit D - New Jersey Coaltion Protective Order, #6 Exhibit E - Dahl Protective Order, #7 Exhibit F - Crain Protective Order, #8 Exhibit G - Plaintiffs' First Request for Production of Documents, #9 Exhibit H - Plaintiffs' First Interrogatories, #10 Exhibit I - Ganley Protective Order, #11 Exhibit J - Willoughby Protective Order, #12 Exhibit K - Brooks Protective Order, #13 Exhibit L - Darling's Protective Order, #14 Exhibit M - Premier Ford Protective Order, #15 Exhibit N - Al Piemonte Protective Order) (McNellie, Elizabeth) |
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Filing 9
CALENDAR ORDER: A Status Conference is set for 7/12/2023 at 2:00 PM by Teleconference before Judge Michael R. Barrett. Preliminary Injunction Hearing set 10/16/2023 at 10:00 AM before Judge Michael R. Barrett. Motions to Amend due by 6/15/2023. Motions directed to pleadings due by 6/30/2023. Plaintiff Primary Expert due by 6/16/2023. Defendant Primary Expert due by 7/31/2023. Rebuttal Expert due by 8/16/2023. Discovery due by 9/1/2023. Dispositive motions due by 3/1/2024. Defendant's Response to Plaintiffs' Motion for Preliminary Injunction due by 9/1/2023. Signed by Judge Michael R. Barrett on 6/14/2023. NOTE: parties shall refer to the entry on 4/26/2023 for conferencing instructions. (kkz)
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| Filing 8 RULE 26(f) REPORT by Defendant Ford Motor Company. (McNellie, Elizabeth) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/31/202; Curtic Cornett appeared for plaintiffs; Jeremiah Wood appeared for defendant; case matters discussed; parties to submit calendar; a Status Conference is set for 7/12/2023 at 2:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 4/26/2023 for conferencing instructions. (kkz) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/23/2023; Curtis Cornett appeared for plaintiffs; Jeremiah Wood and Elizabeth McNellie appeared for defendant; case matters discussed; a Status Conference is set for 5/31/2023 at 1:00 PM by Teleconference before Judge Michael R. Barrett; Motion Hearing on 6 Sealed MOTION Preliminary Injunction is set for 10/16/2023 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 4/26/2023 for conferencing instructions. (kkz) |
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NOTATION ORDER granting Oral Motion to File Document Under Seal. Signed by Judge Michael R. Barrett on 5/8/2023. (kkz)
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| ORAL MOTION to File Document Under Seal by Plaintiffs Northgate Lincoln-Mercury, Inc. et al. made during status conference on 5/8/2023. (kkz) |
| Docket Text: Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/8/2023; Curtis Cornett appeared for plaintiffs; Jeremiah Wood appeared for defendant; scheduling matters discussed; Court grants plaintiff's oral motion to file the motion for preliminary injunction and exhibits under seal; a Status Conference is set for 5/23/2023 at 10:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 4/26/2023 for conferencing instructions. (kkz) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/1/2023; Curtis Cornett appeared for plaintiffs; Jeremiah Wood appeared for defendant; parties to confer and try and agree on a discovery plan; a follow up Status Conference is set for 5/8/2023 at 3:00 PM in Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 4/26/2023 for conferencing instructions. (kkz) |
| NOTICE of Deadline: Rule 26(f) Report due by 4/28/2023. Please visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of the Court's required Rule 26(f) report and joint final pretrial order forms as well as its trial procedures. (kkz) |
| Filing 5 ANSWER to #2 Complaint filed by Ford Motor Company. (McNellie, Elizabeth) |
| Filing 4 Corporate Disclosure Statement by Defendant Ford Motor Company. (McNellie, Elizabeth) |
| Filing 3 AMENDED DOCUMENT by Defendant Ford Motor Company. Supplemental Civil Cover Sheet. (McNellie, Elizabeth) |
| Filing 2 COMPLAINT against Ford Motor Company originally filed on 2/1/2023 in Hamilton County Court of Common Pleas (Case No. A 2300445) by Montgomery Lincoln, Inc., Cincyautos, Northgate Lincoln-Mercury, Inc. (zmc) |
| If this case is referred it will be to Magistrate Judge Karen L. Litkovitz. (zmc) |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Hamilton County, case number A2300445 ( Filing fee $ 402 paid - receipt number: AOHSDC-9303428), filed by Ford Motor Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - SEC Annual Report, #3 Civil Cover Sheet) (McNellie, Elizabeth) |
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