BARRY et al v. POLARIS INDUSTRIES, INC. et al
Plaintiff: BARRY, JOHN BARRY and SANDRA BARRY
Defendant: POLARIS INDUSTRIES, INC, POLARIS INDUSTRIES, INC. and ABC SELLERS/LESSORS/AUTHORIZED DEALERS
Special Master: THOMAS BLEWITT
Consolidated Plaintiff: JOHN JAMES BARRY, III
Case Number: 2:2016cv00910
Filed: June 21, 2016
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: XX US, Outside State
Presiding Judge: Cathy Bissoon
Referring Judge: Mark A Kearney
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 27, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2017 Filing 63 STIPULATION of Dismissal by POLARIS INDUSTRIES, INC.. (Attachments: #1 Proposed Order) (Trischler, Clem)
June 13, 2017 Opinion or Order Filing 62 ORDER FOR STATISTICAL CLOSING. The Court shall retain jurisdiction for ninety (90) days to enforce final performance of the terms of the parties' settlement. The Clerk of Court shall mark this matter administratively CLOSED. Signed by Judge Mark A. Kearney on 6/13/2017. (kly)
May 23, 2017 Opinion or Order Filing 61 ORDER: The Honorable Thomas M. Blewitt is appointed as a Special Settlement Master. Motions in Limine due by 8/2/2017. Motions for Summary Judgment due by 6/26/2017. Responses to Motions for Summary Judgment due by 7/10/2017. Responses to Motions in Limine due by 8/11/2017, Final Pretrial Conference set for 8/16/2017 at 08:15 AM before Judge Mark A. Kearney. Plaintiffs' counsel shall coordinate the telephone conference and call Chambers at 267-299-7680 when lead trial counsel are on the line. Signed by Judge Mark A. Kearney on 5/23/2017. (kly)
May 23, 2017 Filing 60 Minute Entry for proceedings held before Judge Mark A. Kearney: Telephone Conference held on 5/23/2017. (Court Reporter: NONE) (kly)
May 19, 2017 Opinion or Order Filing 59 ORDER: Telephone Conference set for 5/23/2017 at 11:00 AM before Judge Mark A. Kearney. Defendants' counsel shall initiate this call and timely call Chambers at 267-229-7680 when all lead counsel are on the line. Signed by Judge Mark A. Kearney on 5/19/2017. (kly)
April 28, 2017 Opinion or Order Filing 58 ORDER granting in part #54 Motion to Take Deposition of Kenneth L. d'Entremont. Signed by Judge Mark A. Kearney on 4/28/2017. (kly)
April 27, 2017 Filing 57 RESPONSE IN OPPOSITION to #54 Motion to Take Deposition, filed by POLARIS INDUSTRIES, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Trischler, Clem)
April 25, 2017 Filing 56 Proposed Order re #54 Second Motion for Leave to Redepose Kenneth Dentremont, Ph.D. by JOHN BARRY, SANDRA BARRY. (Leh, Michael) Modified on 4/25/2017. (jsp)
April 25, 2017 Opinion or Order Filing 55 ORDER granting in part and denying in part #50 Motion to Extend the Case Management Deadlines. Signed by Judge Mark A. Kearney on 4/25/2017. (kly)
April 25, 2017 Set/Reset Trial Management Order Deadlines: Motions for Summary Judgment and Daubert Motions due by 6/15/2017. Response to Motions for Summary Judgment due by 7/29/2017. Motions in Limine due by 7/21/2017. Response to Motions in Limine due by 7/31/2017. Proposed Voir Dire by 7/21/2017. Proposed Jury Instructions due by 7/18/2017. Proposed Verdict Slips due by 7/18/2017. Exhibit List due by 7/10/2017. (kly) Modified on 4/25/2017. (kly)
April 25, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #54 Motion for Leave to Redepose Kenneth Dentremont, Ph.D. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to promptly file a proposed order by using the Proposed Order event and linking it to the document in question. Filer should not re-file the motion itself. This message is for informational purposes only. (jsp)
April 24, 2017 Filing 54 Second MOTION for Leave to Redepose Kenneth Dentremont, Ph.D. by JOHN BARRY. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit) (Leh, Michael) Modified on 4/25/2017. (jsp)
April 21, 2017 Filing 53 RESPONSE IN OPPOSITION to #49 Motion for Leave to File, filed by POLARIS INDUSTRIES, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Trischler, Clem)
April 21, 2017 Opinion or Order Filing 52 ORDER granting in part #51 Motion to Strike and Remove Confidential Documents from the Public Docket. Signed by Judge Mark A. Kearney on 4/21/2017. (kly)
April 21, 2017 Filing 51 Unopposed MOTION to Strike and Remove Confidential Documents from the Public Docket by JOHN BARRY, SANDRA BARRY. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (Leh, Michael)
April 21, 2017 Filing 50 Joint MOTION to Extend the Case Management Deadlines by JOHN BARRY, SANDRA BARRY. (Attachments: #1 Proposed Order) (Leh, Michael)
April 18, 2017 Filing 49 MOTION for Leave to File To Redepose Kenneth L. D'Entremont, PH.D. by JOHN BARRY, SANDRA BARRY. (Attachments: #1 Proposed Order, #2 Exhibit List, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L) (Leh, Michael)
March 21, 2017 Opinion or Order Filing 48 ORDER granting in part and denying in part #44 Motion to Compel Full and Complete Responses of Defendant Polaris Industries, Inc. to Plaintiffs' Second Request for Production of Documents. Signed by Judge Mark A. Kearney on 3/21/2017. (kly)
March 20, 2017 Filing 47 RESPONSE in Opposition to Motion re #44 MOTION to Compel Full and Complete Responses of Defendant Polaris Industries, Inc. to Plaintiffs' Second Request for Production of Documents filed by POLARIS INDUSTRIES, INC.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Trischler, Clem) Modified on 3/21/2017. (jsp)
March 16, 2017 Opinion or Order Filing 46 ORDER denying #45 Motion for Extension of Time to File Response/Reply. Signed by Judge Mark A. Kearney on 3/16/2017. (kly)
March 16, 2017 Filing 45 MOTION for Extension of Time to File Response/Reply as to #44 MOTION to Compel Full and Complete Responses of Defendant Polaris Industries, Inc. to Plaintiffs' Second Request for Production of Documents by POLARIS INDUSTRIES, INC.. (Attachments: #1 Exhibit, #2 Proposed Order) (Trischler, Clem)
March 15, 2017 Filing 44 MOTION to Compel Full and Complete Responses of Defendant Polaris Industries, Inc. to Plaintiffs' Second Request for Production of Documents by JOHN BARRY, SANDRA BARRY. (Attachments: #1 Proposed Order, #2 Attorney Certification, #3 Exhibit List, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M) (Leh, Michael)
March 3, 2017 Opinion or Order Filing 43 ORDER granting #42 Motion to Permt Production of Third-Party Severance Agreement. Signed by Judge Mark A. Kearney on 3/3/2017. (jsp)
March 3, 2017 Filing 42 Unopposed MOTION to Produce Third-Party Severance Agreement by POLARIS INDUSTRIES, INC.. (Attachments: #1 Proposed Order) (Trischler, Clem)
January 24, 2017 Opinion or Order Filing 41 ORDER: Discovery due by 5/9/2017. Expert Depositions to be completed by 5/10/2017. Exhibit List due by 6/23/2017. Motions for Summary Judgment due by 5/15/2017. Responses to Motions for Summary Judgment due by 5/31/2017. Motions in Limine due by 7/14/2017. Responses to Motions in Limine due by 7/24/2017. Proposed Voir Dire by 7/14/2017. Proposed Jury Instructions due by 6/30/2017. Proposed Verdict Slips due by 6/30/2017. Final Pretrial Conference set for 8/14/2017 at 04:30 PM before Judge Mark A. Kearney. Plaintiffs' counsel shall coordinate the telephone conference and call Chambers at 267-299-7680 when all lead trial counsel are on the line. Jury Trial set for 8/21/2017 at 09:00 AM in Courtroom 6B before Judge Mark A. Kearney. Signed by Judge Mark A. Kearney on 1/24/2017. (kly)
January 24, 2017 Filing 40 Joint MOTION to Extend Case Management Deadlines by POLARIS INDUSTRIES, INC. (Attachments: #1 Proposed Order) (Trischler, Clem) Modified on 1/26/2017. (jsp)
December 22, 2016 Filing 39 REPORT of Mediation: Case has not been resolved. KENNETH J. BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 12/9/2016. (Benson, Kenneth)
December 5, 2016 Opinion or Order Filing 38 ORDER re #37 Stipulation of Dismissal filed by JOHN JAMES BARRY, III. Only Consolidated Plaintiff John James Barry, III's claims against Defendant Polaris Industries, Inc. are DISMISSED WITH PREJUDICE. Signed by Judge Mark A. Kearney on 12/5/2016. (kly)
December 5, 2016 Filing 37 STIPULATION of Dismissal by JOHN JAMES BARRY, III. (Schepps, Steven)
November 23, 2016 Opinion or Order Filing 36 ORDER denying #35 Stipulated Protective Order filed by POLARIS INDUSTRIES, INC. Signed by Judge Mark A. Kearney on 11/23/2016. (kly)
November 23, 2016 Filing 35 STIPULATED PROTECTIVE ORDER by POLARIS INDUSTRIES, INC.. (Attachments: #1 Proposed Order) (Trischler, Clem)
October 28, 2016 Opinion or Order Filing 34 TRIAL MANAGEMENT ORDER: Motions in Limine due by 4/19/2017. Response to Motions in Limine due by 4/28/2017. Proposed Voir Dire by 4/19/2017. Proposed Jury Instructions due by 4/17/2017. Discovery due by 3/9/2017. Motions for Summary Judgment due by 3/15/2017. Response to Motions for Summary Judgment due by 4/3/2017. Exhibit List due by 4/10/2017 Pretrial Conference set for 5/8/2017 at 04:30 PM before Judge Mark A. Kearney. Plaintiff's counsel shall coordinate the telephone conference and call Chambers at 267-299-7680 when all lead trial counsel are on the line. Jury Trial set for 5/15/2017 0at 9:30 AM in Courtroom 6B before Judge Mark A. Kearney. Signed by Judge Mark A. Kearney on 10/27/2016. (kly)
October 28, 2016 Filing 33 Minute Entry for proceedings held before Judge Mark A. Kearney: Status Telephone Conference held on 10/27/2016. (Court Reporter: NONE) (kly)
October 26, 2016 Filing 32 AMENDED Rule 26(f) Report of the Parties by JOHN BARRY, SANDRA BARRY. Amendment to #15 Report of Rule 26(f) Planning Meeting. (Leh, Michael) Modified on 10/27/2016. (jsp)
October 25, 2016 Filing 31 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kly)
October 21, 2016 Opinion or Order Filing 30 ORDER OF COURT: Telephonic Conference set for 10/27/2016 at 02:00 PM before Judge Mark A. Kearney. Plaintiff's counsel shall coordinate the telephone conference and call Chambers at 267-299-7680 when all lead trial counsel are on the line. Signed by Judge Mark A. Kearney on 10/21/2016. (kly)
October 20, 2016 Opinion or Order Filing 29 ORDER REASSIGNING CASE. Case reassigned to Judge Mark A. Kearney for all further proceedings. Counsel are directed to review Judge Kearney's Chamber Procedures on this Court's website. Judge Cathy Bissoon no longer assigned to case. Signed by Judge Cathy Bissoon on 10/20/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi)
October 20, 2016 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #27 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised for future reference, that motions are to be submitted with an ATTACHED proposed order. No further action is required at this time. This message is for informational purposes only. (jsp)
October 19, 2016 Opinion or Order Filing 28 ORDER granting #27 Motion for Steven L. Schepps to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 10/19/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
October 19, 2016 Filing 27 MOTION for attorney Steven L. Schepps to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4124839) by JOHN JAMES BARRY, III. (Schepps, Steven)
October 6, 2016 Opinion or Order Filing 26 ORDER granting #23 Motion for Jacqueline DeCarlo to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 10/6/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
October 6, 2016 Opinion or Order Filing 25 ORDER granting #22 Motion for Michael R. Hobbie to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 10/6/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
October 6, 2016 Opinion or Order Filing 24 ORDER granting #21 Motion for Norman M. Hobbie to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 10/6/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
October 5, 2016 Filing 23 MOTION for attorney Jacqueline DeCarlo to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4109465) by JOHN BARRY, SANDRA BARRY. (DeCarlo, Jacqueline)
October 5, 2016 Filing 22 MOTION for attorney Michael R. Hobbie to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4109463) by JOHN BARRY, SANDRA BARRY. (Hobbie, Michael)
October 5, 2016 Filing 21 MOTION for attorney Norman M. Hobbie to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4109454) by JOHN BARRY, SANDRA BARRY. (Hobbie, Norman)
September 29, 2016 Opinion or Order Filing 20 ORDER REFERRING CASE to Mediation. Kenneth J. Benson is appointed as mediator. Party KENNETH J. BENSON added. Signed by Judge Cathy Bissoon on 9/29/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
September 29, 2016 Opinion or Order Filing 19 CASE MANAGEMENT ORDER. See contents of filing for detailed instructions and deadlines. Signed by Judge Cathy Bissoon on 9/29/16. (jwr)
September 28, 2016 Filing 18 Minute Entry for proceedings held before Judge Cathy Bissoon: Case Management Conference held on 9/28/2016. (Court Reporter: none) Order to follow. (jhi)
September 28, 2016 Filing 17 STIPULATION selecting ADR process by POLARIS INDUSTRIES, INC.. (Trischler, Clem)
September 23, 2016 Opinion or Order Filing 16 ORDER denying #14 Plaintiffs John and Sandra Barry's Motion to Appear at the Rule 16 Scheduling Conference via Telephone. Notwithstanding counsel's "preference," the proffered reasons are insufficient. Given the expressed position that counsel can appear, counsel shall appear. Signed by Judge Cathy Bissoon on 9/23/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
September 23, 2016 Filing 15 REPORT of Rule 26(f) Planning Meeting. (Trischler, Clem)
September 23, 2016 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #14 Motion to Attend Rule 16 Conference by Telephone. ERROR: Proposed Order was not attached. CORRECTION: For future reference, Attorney is advised motions are to be submitted with proposed orders. No further action is required. This message is for informational purposes only. (jsp)
September 22, 2016 Filing 14 MOTION To Appear at the Rule 16 Scheduling Conference Via Telephone by JOHN BARRY, SANDRA BARRY. (Leh, Michael)
September 22, 2016 Opinion or Order Filing 13 ORDER granting #12 Plaintiff John James Barry, III's Motion to Attend Rule 16 Conference by Telephone. Counsel for John James Barry, III shall call into chambers at the time of the conference. Signed by Judge Cathy Bissoon on 9/22/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
September 22, 2016 Filing 12 MOTION to Attend Rule 16 Conference by Telephone by JOHN JAMES BARRY, III. (Schepps, Steven) Modified on 9/23/2016. (jsp)
September 20, 2016 Opinion or Order Filing 11 ORDER. The parties' Motion to Consolidate (Doc. #10 ), for the purposes of discovery only, is GRANTED; the Rule 16 Status Conference scheduled for September 28, 2016 at 2:15 PM at Case No. 16-910 will proceed as scheduled and apply to both actions. Counsel for all parties in both actions are required to attend and comply with the terms of the Courts August 18, 2016 Order ((Doc. #3 ) at Case No. 16-1102). The Clerk is directed to add counsel for Plaintiff from 16-1102 to the docket for 16-910 for the duration of the discovery period. Signed by Judge Cathy Bissoon on 9/20/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
September 14, 2016 Filing 10 Unopposed MOTION to Consolidate Cases by POLARIS INDUSTRIES, INC.. (Attachments: #1 Proposed Order) (Trischler, Clem)
August 18, 2016 Filing 9 Disclosure Statement identifying None as corporate parent or other affiliate, by POLARIS INDUSTRIES, INC.. (Trischler, Clem)
August 5, 2016 Filing 8 Defendant's ANSWER to #1 Complaint, by POLARIS INDUSTRIES, INC.. (Trischler, Clem)
August 1, 2016 Filing 7 NOTICE of Appearance by Clem C. Trischler on behalf of POLARIS INDUSTRIES, INC.. (Trischler, Clem)
July 13, 2016 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: For future reference, Attorney is advised that motions should be submitted with an attached proposed order. No further action at this time is required. This message is for informational purposes only. (jsp)
July 12, 2016 Opinion or Order Filing 6 ORDER granting #5 Motion for Michael B. Leh to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 7/12/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr)
July 12, 2016 Filing 5 MOTION for attorney Michael B. Leh to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4018278) by JOHN BARRY, SANDRA BARRY. (Leh, Michael)
July 6, 2016 Filing 4 NOTICE of Appearance by Clem C. Trischler on behalf of POLARIS INDUSTRIES, INC.. (Trischler, Clem)
July 6, 2016 Filing 3 NOTICE of Appearance by Marc P. Weingarten on behalf of JOHN BARRY, SANDRA BARRY. (Weingarten, Marc)
June 21, 2016 Filing 1 COMPLAINT against ABC SELLERS/LESSORS/AUTHORIZED DEALERS, POLARIS INDUSTRIES, INC. (Filing fee, including Administrative fee, $400, receipt number 0315-3998671), filed by JOHN BARRY, SANDRA BARRY. (Attachments: #1 Civil Cover Sheet, #2 Summons) (jsp)
June 21, 2016 Summons Issued as to *POLARIS INDUSTRIES, INC.* (jsp)

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Search for this case: BARRY et al v. POLARIS INDUSTRIES, INC. et al
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Defendant: POLARIS INDUSTRIES, INC
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Defendant: POLARIS INDUSTRIES, INC.
Represented By: Clem C. Trischler
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Defendant: ABC SELLERS/LESSORS/AUTHORIZED DEALERS
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Plaintiff: BARRY
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Plaintiff: JOHN BARRY
Represented By: Marc P. Weingarten
Represented By: Michael B. Leh
Represented By: Jacqueline DeCarlo
Represented By: Michael R. Hobbie
Represented By: Norman M. Hobbie
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Plaintiff: SANDRA BARRY
Represented By: Marc P. Weingarten
Represented By: Michael B. Leh
Represented By: Jacqueline DeCarlo
Represented By: Michael R. Hobbie
Represented By: Norman M. Hobbie
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Special master: THOMAS BLEWITT
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Consolidated plaintiff: JOHN JAMES BARRY, III
Represented By: Steven Schepps
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