Burke v. Ford Motor Company et al
| Timothy J Burke |
| Ford Motor Company, JOHN DOE 1" to "JOHN DOE 50", JOHN DOE 51" to "JOHN DOE 100, John Doe 1-50 and John Doe 51-100 |
| 3:2017cv01763 |
| June 5, 2017 |
| US District Court for the District of Puerto Rico |
| San Juan Office |
| San Juan |
| Bruce J McGiverin |
| John Woodcock |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2021. A more recent docket listing may be available from PACER.
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Filing 77
ORDER ON JOINT STIPULATION OF DISMISSAL dismissing as moot #75 Motion to Dismiss Signed by Judge John Woodcock, Jr on 07/07/2021. (cs)
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| Filing 76 Joint STIPULATION for Voluntary Dismissal with Prejudice by Ford Motor Company and Timothy J. Burke. (Ramirez-Coll, Jose) Modified to add filer on 6/30/2021 (rim). |
| Filing 75 MOTION to dismiss as to All Defendants filed by Jorge Carazo-Quetglas on behalf of All Plaintiffs Responses due by 6/21/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Carazo-Quetglas, Jorge) |
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Filing 74
NOTICE of Settlement by Parties and PROCEDURAL ORDER RE: SETTLEMENT: Counsel having advised the Court on May 26, 2021 that settlement has been effected by mutual agreement of the parties herein, it is hereby ORDERED that counsel shall complete the settlement of this matter within thirty (30) days of this date and cause to be filed a stipulation of dismissal of this matter with prejudice and without costs, failing which, the case will be dismissed pursuant to Local Rule 41(a). Stipulation of Dismissal due by 6/25/2021.Signed by Judge John Woodcock, Jr on May 26, 2021.(tcs)
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Filing 73
ORDER granting #72 Motion to Vacate Scheduling Order Signed by Judge John Woodcock, Jr on May 26, 2021.(tcs)
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| Filing 72 Joint NOTICE of Settlement and Motion to Vacate Scheduling Order by Ford Motor Company (Ramirez-Coll, Jose) |
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Filing 71
ORDER granting #70 Motion for extension of time Parties to exchange exhibits, file stipulations, submit proposed jury instructions and submit verdict forms by 5/26/2021. Parties to File Exhibit List and Witness List due by 6/4/2021. Signed by Judge John Woodcock, Jr on April 22, 2021. (tcs)
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| Filing 70 Joint MOTION for extension of time until thirty (30) days to extend the deadlines set forth in its Order at Docket No. 63, as extended by the Order at Docket No. 69 filed by Ford Motor Company and Timothy J. Burke. Responses due by 5/6/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Coll, Jose) Modified to add filer on 5/3/2021 (rim). |
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Filing 69
ORDER granting #68 Motion for Extension of Time Signed by Judge John Woodcock, Jr on March 19, 2021. (tcs)
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| Filing 68 Joint MOTION for extension of time until "thirty (30) days for extension of pending deadlines set forth in Order at Docket No. 63, as extended by the Order at Docket No. 67" to obtain Third-Party Information in Connection with Potential Settlement filed by Jose L. Ramirez-Coll on behalf of Ford Motor Company Responses due by 4/5/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Coll, Jose) |
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Filing 67
ORDER granting #66 Motion for extension of time Signed by Judge John Woodcock, Jr on February 19, 2021. (tcs)
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| Filing 66 MOTION for extension of time until "extend by thirty (30) days the deadlines" to set forth in its Order at Docket No. 63, in order for the parties to renew settlement discussions prior to submitting final trial materials filed by Jose L. Ramirez-Coll on behalf of Ford Motor Company Responses due by 3/5/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Coll, Jose) |
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Filing 65
ORDER granting #64 Motion to Withdraw as Attorney. Attorney Manuel A. Guzman-Rodriguez terminated; granting #64 Motion for Leave to Appear Signed by Judge John Woodcock, Jr on 01/29/2021. (cs)
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| Filing 64 MOTION to Withdraw "Manuel A. Guzman's Motion to Withdraw as Co-Counsel for Ford Motor Company and Jos L. Ramirez-Coll's Motion to Appear as Co-Counsel of Record" Attorney as to Jose L. Ramirez-Coll, MOTION for Leave to Appear filed by Jose L. Ramirez-Coll on behalf of Ford Motor Company Responses due by 2/12/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Coll, Jose) |
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Filing 63
REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER Signed by Judge John Woodcock, Jr on 10/27/2020.(cs)
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| Filing 62 Minute Entry for proceedings held before Judge John Woodcock, Jr:Final Pretrial Conference held on 10/27/2020 Report and Order to follow(Court Reporter Tammy Martell.) (cs) |
| Filing 61 NOTICE: Pretrial Conference via Zoom videoconference set for 10/27/2020 01:00 PM before Judge John Woodcock Jr. (cs) |
| Filing 60 NOTICE: Video Pretrial Conference set for 10/20/2020 at 1:00pm is cancelled. Conference to be rescheduled to a date to be determined. (cs) |
| Filing 59 NOTICE: Pretrial Conference via Zoom videoconference set for 10/20/2020 01:00 PM before Judge John Woodcock Jr. Login info forwarded to counsel. (cs) |
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Filing 58
ORDER ON MOTION IN LIMINE granting #43 Motion in Limine to Preclude Plaintiff's Two Treating Physicians From Testifying As Expert Witnesses Signed by Judge John Woodcock, Jr on 06/09/2020. (cs)
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Filing 57
ORDER noted #56 Motion In Compliance. The court urges the parties to continue to explore settlement and to notify the court if any agreement is reached. In absence of an agreement, this case will proceed to trial. Signed by US Magistrate Judge Bruce J. McGiverin on June 3, 2020. (McGiverin, Bruce)
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| Filing 56 Motion In Compliance as to 54 Order, Set Hearings filed by Jorge Carazo-Quetglas on behalf of All Plaintiffs Responses due by 6/1/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 54 ) (Carazo-Quetglas, Jorge) |
| Filing 55 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin: A settlement conference was held by telephone on 5/7/2020. Present were Atty. Jorge Carazo for plaintiff, Attys. Manuel Guzman and Henry Salas for defendant, and Atty. Kristin Pil (in-house counsel for defendant). Plaintiff Timothy Burke was also available. The parties exchanged settlement proposals but remain far apart. Plaintiff will consider defendant's latest offer. The parties shall file a joint informative motion re settlement status by 5/18/2020. The parties may request a further settlement conference if they believe it would be productive. Joint informative motion due by 5/18/2020. (jm) |
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Filing 54
ORDER: A Telephone Settlement Conference is set for 5/7/2020 at 3:00 PM before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 4/24/2020. (jm)
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Filing 53
ORDER granting #52 Motion to Continue Trial - The Jury Trial is continued for a period of ninety days. All current deadlines are stayed, and the Court will reset the pretrial deadlines once trial has been rescheduled. SO ORDERED. Signed by Judge John Woodcock, Jr on April 21, 2020. (tcs)
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| Filing 52 MOTION to Continue Trial filed by Manuel A. Guzman-Rodriguez on behalf of Ford Motor Company Responses due by 4/29/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Guzman-Rodriguez, Manuel) Modified on 4/16/2020 change italics (gav). |
| Filing 51 RESPONSE in Opposition to Motion filed by All Plaintiffs Re: #43 MOTION in Limine To Preclude Plaintiff's Two Treating Physicians From Testifying As Expert Witnesses filed by Ford Motor Company filed by All Plaintiffs. (Attachments: #1 Exhibit Initial Disclosures' Letter)(Carazo-Quetglas, Jorge) Modified on 4/15/2020 change italics (gav). |
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Filing 50
REPORT ON FINAL PRETRIAL CONFERENCE AND ORDER Signed by Judge John Woodcock, Jr on 03/13/2020.(cs)
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Filing 49
ORDER REFERRING TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. Signed by Judge John Woodcock, Jr on 03/13/2020.(cs)
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| Filing 48 Minute Entry for proceedings held before Judge John Woodcock, Jr: Initial Pretrial Conference held on 3/13/2020 (Court Reporter Dennis Ford.) (cs) |
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Filing 47
ORDER : Video Telephone Conference is set for 3/13/2020 at 2:00 PM in Courtroom 4, Hato Rey Courthouse, before Judge John Woodcock Jr.. Signed by Judge John Woodcock, Jr on 3/10/20.(cmd)
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Filing 46
ORDER: The Court reviewed the Proposed Joint Pretrial Order in this case and notes that counsel have estimated that the total trial time is five days, three for the Plaintiff and two for the Defendant. The Court also noted the scheduling difficulties presented by certain dates. The Court is contemplating scheduling this case for trial from June 8, 2020 through June 12, 2020. The Court is in the process of scheduling a videoconference of counsel and at that conference will discuss setting other deadlines, such as motions in limine, jury instructions, verdict form, witness and exhibit lists, etc., in anticipation of a trial from June 8 through June 12. Counsel should be prepared to discuss these matters at the upcoming videoconference. SO ORDERED. Signed by Judge John Woodcock, Jr on 03/05/2020.(cs)
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Filing 45
ORDER REASSIGNING CASE. This case is transferred to the docket of Senior U.S. District Judge John A. Woodcock, Jr., from the District of Maine, who has consented to said transfer, and has been designated and assigned to perform the duties of district judge in the District of Puerto Rico pursuant to 28 U.S.C. 294(b). Signed by Chief Judge Gustavo A. Gelpi on 03/04/2020. (gr)
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| Filing 44 Proposed Pretrial Order by Ford Motor Company. (Guzman-Rodriguez, Manuel) |
| Filing 43 MOTION in Limine to Preclude Plaintiff's Two Treating Physicians From Testifying As Expert Witnesses filed by Manuel A. Guzman-Rodriguez on behalf of Ford Motor Company Responses due by 3/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Guzman-Rodriguez, Manuel) Modified on 3/5/2020 change italics (gav). |
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Filing 42
ORDER REFERRING CASE to Magistrate Judge Bruce J. McGiverin for a pretrial/settlement conference. Parties shall, on or before March 5, 2020, prepare a joint proposed pretrial order. Signed by Judge Gustavo A. Gelpi on 2/12/2020. (AGF)
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Filing 41
ORDER: Denying #29 motion for summary judgment. Signed by Judge Gustavo A. Gelpi on 2/12/2020. (AGF)
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Filing 40
ORDER: Noted #39 INFORMATIVE motion. Signed by Judge Gustavo A. Gelpi on 7/1/2019. (AGF)
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| Filing 39 INFORMATIVE Motion regarding Vacations of Plaintiff's Attorney filed by Jorge Carazo-Quetglas on behalf of Timothy J Burke Responses due by 7/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Carazo-Quetglas, Jorge) |
| Filing 38 REPLY to Response to Motion for Summary Judgment filed by Ford Motor Company Re: #29 MOTION for Summary Judgment filed by Ford Motor Company filed by Ford Motor Company. (Attachments: #1 Exhibit)(Guzman-Rodriguez, Manuel) |
| Filing 37 Memorandum in Opposition to Motion filed by Timothy J Burke Re: #29 MOTION for Summary Judgment filed by Ford Motor Company filed by Timothy J Burke. (Attachments: #1 OPPOSING STATEMENT OF MATERIAL FACTS AND ADDITIONAL FACTS SUBMITTED BY PLAINTIFF, #2 Exhibit I - Statement under Penalty of Perjury bt Eng. Ivn Baiges, #3 Exhibit A to Exhibit I - Eng. Baiges' CV and List of Cases, #4 Exhibit II - Eng. Baiges' Expert REport, #5 Exhibit III - Transcript of deposition of Defendant's expert)(Carazo-Quetglas, Jorge) |
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Filing 36
ORDER: Granting as requested #35 Motion for Extension of Time to File Response/Reply. Signed by Judge Gustavo A. Gelpi on 4/26/2019. (AGF)
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| Filing 35 Third MOTION for Extension of Time until April 30, 2019 to File Response/Reply to Motion for Summary Judgment filed by Jorge Carazo-Quetglas on behalf of Timothy J Burke Responses due by 5/10/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Carazo-Quetglas, Jorge) |
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Filing 34
ORDER: Granting as requested #33 Motion for Extension of Time to File Response/Reply. Signed by Judge Gustavo A. Gelpi on 4/17/2019. (AGF)
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| Filing 33 Second MOTION for Extension of Time until April 26, 2019 to File Response/Reply to Defendant's Motion for Summary Judgment filed by Jorge Carazo-Quetglas on behalf of All Plaintiffs Responses due by 5/1/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Carazo-Quetglas, Jorge) |
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Filing 32
ORDER: Granting as requested #31 Motion for Extension of Time to File Response/Reply. Signed by Judge Gustavo A. Gelpi on 3/20/2019. (AGF)
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| Filing 31 MOTION for Extension of Time until April 18, 2019 to File Response/Reply as to #29 MOTION for Summary Judgment filed by Ford Motor Company filed by Jorge Carazo-Quetglas on behalf of All Plaintiffs Responses due by 4/3/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #29 ) (Carazo-Quetglas, Jorge) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #28 Transcript Request, #26 Motion for Summary Judgment. ***FILED IN ERROR. Correct docket entries at #27 STATEMENT of Undisputed Facts, #29 MOTION for Summary Judgment. (gmm) |
| Filing 30 MEMORANDUM of Law in Support of #29 Motion for Summary Judgment by Ford Motor Company. (Attachments: #1 Affidavit Affidavit Ram Krishnaswami) (Guzman-Rodriguez, Manuel) Modified on 3/11/2019 to edit title and add docket relationship (gmm). |
| Filing 29 MOTION for Summary Judgment filed by Manuel A. Guzman-Rodriguez on behalf of Ford Motor Company Suggestions in Opposition to Summary Judgment due by 3/25/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Memorandum of Law in Support of Motion For Summary Judgment)(Guzman-Rodriguez, Manuel) |
| Filing 28 ***FILED IN ERROR- REFER TO DOCKET #27***TRANSCRIPT REQUEST by Ford Motor Company. (Attachments: #1 Transcript Deposition Plaintiff's Expert) (Guzman-Rodriguez, Manuel) Modified on 3/11/2019 (gmm). |
| Filing 27 STATEMENT of Undisputed Facts filed by Ford Motor Company re: #29 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit) (Guzman-Rodriguez, Manuel) Modified on 3/11/2019 to edit docket relationship (gmm). |
| Filing 26 ***FILED IN ERROR-DUPLICATE FILING (SEE DOCKET #29) *** MOTION for Summary Judgment filed by Manuel A. Guzman-Rodriguez on behalf of Ford Motor Company Suggestions in Opposition to Summary Judgment due by 3/25/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Guzman-Rodriguez, Manuel) Modified on 3/11/2019 (gmm). |
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Filing 25
ORDER: Granting #24 Motion to Appear PHV. Signed by Judge Gustavo A. Gelpi on 10/31/2018. (AGF)
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| Filing 24 Motion to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6125973) filed by Manuel A. Guzman-Rodriguez on behalf of Ford Motor Company Responses due by 11/14/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Guzman-Rodriguez, Manuel) |
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Filing 23
ORDER granting #21 Motion for extension of time. Deadline to conclude all discovery extended to March 11, 2019. Deadline to file dispositive motions extended to April 10, 2019, with oppositions due May 20, 2019. No further extensions will be granted.Signed by US Magistrate Judge Bruce J. McGiverin on October 30, 2018. (McGiverin, Bruce)
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Filing 22
ORDER REFERRING MOTION: #21 Second MOTION for extension of time until March 10, 2019 to to Conclude Discovery filed by Timothy J Burke REFERRED to Magistrate Judge Bruce J. McGiverin. Signed by Judge Gustavo A. Gelpi on 10/30/2018. (AGF)
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| Filing 21 Second MOTION for extension of time until March 10, 2019 to to Conclude Discovery filed by Jorge Carazo-Quetglas on behalf of All Plaintiffs Responses due by 11/13/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Carazo-Quetglas, Jorge) |
| Filing 20 CERTIFICATE OF SERVICE by Timothy J Burke re #18 MOTION for extension of time until December 30, 2018 to Conclude all discovery (Carazo-Quetglas, Jorge) |
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Filing 19
ORDER: Granting as requested #18 Motion for extension of time until 12/30/2018 . This extension is final. The filing of dispositive motions are extended until 1/20/2019 and oppositions thereto to be filed by 2/20/2019. Signed by Judge Gustavo A. Gelpi on 10/02/2018. (AGF)
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| Filing 18 MOTION for extension of time until December 30, 2018 to Conclude all discovery filed by Jorge Carazo-Quetglas on behalf of Timothy J Burke Responses due by 10/16/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Carazo-Quetglas, Jorge) |
| Filing 17 STIPULATION Sharing and Non-Sharing Protective Order by Ford Motor Company. (Medina, PHV Sergio) |
| Filing 16 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin:Scheduling Conference held on 10/30/2017. The parties have held a Rule 26 conference and made initial disclosures. If deemed necessary, the parties shall file a motion to amend pleadings. The parties shall file a joint proposed protective order by 11/15/17. Plaintiffs shall serve any expert reports by 6/30/18. Defendants shall file any liability expert reports by 7/31/18, and any medical expert reports by 8/28/18. All discovery to conclude by 10/30/18. Dispositive motions to be filed by 11/30/18, with oppositions due 12/20/18. Dates for pretrial and trial to be set by the presiding district judge. The court urged the parties to explore settlement as soon a practicable. So ordered. (McGiverin, Bruce) |
| Filing 15 Joint INITIAL SCHEDULING CONFERENCE MEMORANDUM by Timothy J Burke and Ford Motor Company. (Carazo-Quetglas, Jorge) Modified on 10/27/2017 to add filer (ram). |
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Filing 14
ORDER: Joint ISC Memorandum is due by 10/27/2017. Initial Scheduling/Settlement Conference is set for 10/30/2017 at 2:00 PM in BJM's Chambers before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 10/19/2017. (jm)
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Filing 13
MEMORANDUM OF THE CLERK. Pursuant to the 13 Order Referring Case entered by Judge Gustavo A. Gelpi on 9/15/17, the case is referred to Magistrate Judge Bruce J. McGiverin to hold Initial Settlement and Scheduling Conference. Signed by Clerk on 9/15/17.(gsr)
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Filing 12
ORDER REFERRING CASE to Magistrate Judge BRUCE J. MCGIVERIN for Initial Settlement and Scheduling Conference. Failure to comply in a timely manner with deadlines and directives detailed to this referral order may result in the imposition of sanctions. Signed by Judge Gustavo A. Gelpi on 9/15/2017.(ram)
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Filing 11
STANDING ORDER RE: CODE OF CIVILITY. Signed by Judge Gustavo A. Gelpi on 8/1/2017.(cm)
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Filing 10
ORDER: Granted #9 Motion to Appear PHV. Signed by Judge Gustavo A. Gelpi on 8/3/2017. (HR)
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| Filing 9 Motion to appear pro hac vice (Pro Hac fee $300 receipt number 0104-5556345) filed by Manuel A. Guzman-Rodriguez on behalf of Ford Motor Company Responses due by 8/16/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Guzman-Rodriguez, Manuel) |
| Filing 8 Corporate Disclosure Statement byFord Motor Company. (Guzman-Rodriguez, Manuel) |
| Filing 7 ANSWER to #1 Complaint, filed by Manuel A. Guzman-Rodriguez on behalf of Defendant Ford Motor Company.(Guzman-Rodriguez, Manuel) |
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Filing 6
AMENDED STANDING ORDER RE: COMMUNICATION BY COUNSEL AND THEIR STAFF WITH JUDGE GELPI'S CHAMBERS' STAFF. Signed by Judge Gustavo A. Gelpi on 7/5/2017.(cm)
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Filing 5
STANDING ORDERS: (1) DISCOVERY DISPUTES, (2) COURTESY COPIES, (3) COMMUNICATIONS BY COUNSEL OR THEIR STAFF WITH JUDGE GELPI'S LAW CLERKS, (4) CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE, (5) DEPOSITIONS IN CIVIL CASES. Signed by Judge Gustavo A. Gelpi on 6/8/2017.(cm)
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| Filing 4 Summons Issued as to Ford Motor Company (Attachments: #1 Summons) (arg) |
| Filing 3 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Gustavo A. Gelpi (arg) |
| Filing 2 NOTICE of Appearance by Jorge Carazo-Quetglas on behalf of Timothy J Burke (Carazo-Quetglas, Jorge) |
| Filing 1 COMPLAINT against Ford Motor Company, JOHN DOE 1" to "JOHN DOE 50", JOHN DOE 51" to "JOHN DOE 100 ( Filing fee $400 receipt number 0104-5469603.), filed by Timothy J Burke. Service due by 9/5/2017, (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Summons)(Carazo-Quetglas, Jorge) |
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