Nelson v. Ford Motor Co.
| Tina Nelson |
| Ford Motor Co. |
| 2:2019cv02712 |
| October 21, 2019 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| John T Fowlkes |
| Thomas L Parker |
| Personal Property: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
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| Filing 56 JUDGMENT. Signed by Judge Thomas L. Parker on 03/31/2021. (Parker, Thomas) |
| Filing 55 STIPULATION of Dismissal (Joint) by Tina Nelson. (Kingsbury, Timothy) |
| Filing 54 NOTICE of Settlement by Tina Nelson (Kingsbury, Timothy) |
Filing 53
ORDER REQUIRING MEDIATION CERTIFICATION AND NOTICE OF SETTLEMENT. Signed by Judge Thomas L. Parker on 02/23/2021. (Parker, Thomas)
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Filing 52
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] The parties jointly move to extend the deadline for completing non-expert discovery and the ADR deadline. (ECF No. #51 .) They request these extensions because the parties are currently discussing settlement. (Id. at PageID 214.) For good cause shown, the Court GRANTS the motion. The Court extends the deadline for completing non-expert discovery until January 28, 2021, and extends the ADR deadline until February 11, 2021. Signed by Judge Thomas L. Parker on 1/14/2021. (ljt)
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| Filing 51 Joint MOTION to Extend Deadline for Completing Non-Expert Discovery and Attempting Initial Alternative Dispute Resolution - proposed order submitted by Ford Motor Co.. (Scoville, George) |
| Filing 50 NOTICE by Ford Motor Co. of Service of its First Set of Interrogatories and First Set of Requests for Production of Documents and Things to Plaintiff (Bibb, John) |
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Filing 49
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] The parties jointly move to extend the ADR deadline until January 28, 2021. (ECF No. #48 .) The parties request this extension because they want to complete discovery before having settlement negotiations. (Id. at 206.) For good cause shown, the Court GRANTS the motion. The Court extends the ADR deadline until January 28, 2021. Signed by Judge Thomas L. Parker on 10/19/2020. (ljt)
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| Filing 48 Joint MOTION to Continue ADR Deadline proposed order submitted by Tina Nelson. (Kingsbury, Timothy) |
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Filing 47
Consent Protective Order and ESI Protocol. Signed by Judge Thomas L. Parker on 10/07/2020. (ljt)
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| Filing 46 Consent MOTION for Protective Order and a Stipulated Protocol to Govern Discovery of Electronically Stored and Hard Copy Information (proposed order submitted) by Ford Motor Co.. (Attachments: #1 Exhibit Exhibit A - Stipulated Protective Order, #2 Exhibit Exhibit B - Stipulated Protocol)(Bibb, John) |
| Filing 45 Minute Entry for proceedings held before Judge Thomas L. Parker; Telephonic Scheduling Conference held on 6/25/2020. Robert Cox and Timothy Kingsbury appeared for the Plaintiffs. Randolph Bibb, Krista Lenart, Fred Fresard and Kathy Corpus appeared for the Defendant. The parties agreed that the Court can enter the same schedule for both cases (19-2546; Cavette, et al. v. Ford Motor Co.) and (19-2712; Nelson, et al. v. Ford Motor Co). Nelson is a putative class action alleging a corrosion defect on the aluminum body panels of Ford F-150 vehicles. Two other putative class actions are currently pending that also allege a corrosion defect on aluminum body panels in certain Ford vehicles: Cavette v. Ford Motor Co., No. 2:19-cv-02546 (W.D. Tenn.) (alleging corrosion in Ford Explorer vehicles) and Simmons v. Ford Motor Co., No. 9:18-cv-81558 (S.D. Fla.) (alleging corrosion in Ford Explorer, Expedition, and Mustang vehicles). As for Discovery, it is Fords position that discovery should be related to the design, manufacture, and use of aluminum body panels in Ford Explorers produced within the applicable limitations period. Additionally, Ford argued that no discovery should be permitted in this matter that is duplicative of discovery taken in Simmons v. Ford Motor Co. The Court Ordered Discovery to proceed forward without any limitations. Plaintiff consented for the Court to enter the Defendant's Proposed Scheduling Order with no limitation on Discovery. The Court agreed to allow the parties to submit a Joint Proposal as to ESI at a later date; however until such order is entered, Rule 26(1)(e) shall govern both cases. Proposed Pretrial Order due by 9/8/2021. Final Pretrial Conference set for 9/17/2021 at 09:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. Jury Trial (10 days) set for 10/18/2021 at 09:30 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (Court Reporter, Catherine Phillips) (mlk) |
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Filing 44
SCHEDULING ORDER. Signed by Judge Thomas L. Parker on 06/25/2020. (Parker, Thomas)
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| Filing 43 SETTING LETTER: Final Pretrial Conference set for 9/17/2021 at 09:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. Jury Trial (10-days) set for 10/18/2021 at 09:30 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) |
| Filing 42 NOTICE of Appearance by Kathleen Corpus on behalf of Ford Motor Co. (Corpus, Kathleen) |
| Filing 41 REPORT of Rule 26(f) Planning Meeting [Plaintiff's Report] [Proposed Complex Track Scheduling Order Submitted]. (Kingsbury, Timothy) |
| Filing 40 REPORT of Rule 26(f) Planning Meeting filed by Ford Motor Company [Proposed Complex Track Scheduling Order Submitted]. (Bibb, John) |
| Filing 39 SETTING LETTER: Scheduling Conference reset for Thursday, 6/25/2020 at 9:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (jpw) |
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Filing 38
[**TEXT ORDER ONLY--NO IMAGE ATTACHED**] ORDER granting #37 Joint Motion to Continue Scheduling Conference. By separate order, the Court will reset the scheduling conference. Signed by Judge Thomas L. Parker on 04/15/2020. (kah)
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| Filing 37 Joint MOTION to Continue Scheduling Conference (proposed order submitted) by Ford Motor Co.. (Bibb, John) |
| Filing 36 SETTING LETTER - Telephonic Scheduling Conference set for 4/21/2020 at 10:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. To participate by telephone, counsel may call 877-336-1839 to dial into the conference call. The access code is 6517215. If you have any questions or concerns, please contact me at 901-495-1211 (mlk) |
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Filing 35
[**TEXT ORDER ONLY--NO IMAGE ATTACHED**] ORDER CONTINUING SCHEDULING CONFERENCE. Because of the declaration of a national emergency and the related public health concerns caused by the COVID-19 Pandemic, on March 17, 2020, this Court entered Administrative Order 2020-12; IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES RESULTING FROM COVID-19 OUTBREAK, which continued in-person civil and criminal court settings until a date after April 17, 2020. The Court thus GRANTS #34 Joint Motion to Continue Scheduling Conference. The Court also GRANTS the parties request to conduct the scheduling conference via telephone. By separate order, the Court will reset the scheduling conference. Signed by Judge Thomas L. Parker on 03/17/2020. (kah)
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| Filing 34 Joint MOTION to Continue Scheduling Conference (proposed order submitted) by Ford Motor Co.. (Bibb, John) |
| Filing 33 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Scheduling Conference set for 3/24/2020 at 09:15 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) |
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Filing 32
[**TEXT ORDER ONLY--NO IMAGE ATTACHED**] ORDER granting #31 Unopposed Motion to Reset Scheduling Conference. By separate Order, the Court will reset the scheduling conference. Signed by Judge Thomas L. Parker on 02/28/2020. (kah)
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| Filing 31 MOTION To Reset the Scheduling Conference proposed order submitted by Ford Motor Co.. (Scoville, George) |
| Filing 30 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Scheduling Conference set for 3/4/2020 at 10:15 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) |
| Filing 29 NOTICE by Ford Motor Co. and Request to Set a Scheduling Conference (Bibb, John) |
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Filing 28
[**TEXT ORDER ONLY--NO IMAGE ATTACHED**] ORDER granting #27 Unopposed Motion to Convert Scheduling Conference into Status Conference. Signed by Judge Thomas L. Parker on 01/30/2020. (kah)
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| Filing 27 MOTION To Convert the Scheduling Conference to a Status Conference proposed order submitted by Ford Motor Co.. (Bibb, John) |
| Filing 26 AMENDED DOCUMENT by Ford Motor Co.. Amendment to #24 Notice of Appearance, 25 Deficiency Notice,, . (Fresard, Fred) |
| Filing 25 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #24 Notice of Appearance filed by Ford Motor Co. has been filed. However, the following deficiency has been found: the pleading has a "wet" signature and not the required electronic signature. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj) |
| Filing 24 NOTICE of Appearance by Fred J Fresard on behalf of Ford Motor Co. (Fresard, Fred) |
| Filing 23 NOTICE of Appearance by Krista L. Lenart on behalf of Ford Motor Co. (Lenart, Krista) |
| Filing 22 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #21 Notice of Appearance filed by Ford Motor Co. has been filed. However, the following deficiency has been found: the pleading has a "wet' signature and not the required electronic signature. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj) |
| Filing 21 NOTICE of Appearance by Krista L. Lenart on behalf of Ford Motor Co. (Lenart, Krista) |
| Filing 20 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Scheduling Conference set for 2/4/2020 at 01:00 PM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) |
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Filing 19
ORDER OF TRANSFERING CASE FOR JUDICIAL ECONOMY. Signed by Judge John T. Fowlkes, Jr. on 01/17/2020. (Fowlkes, John)
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| Judge Thomas L. Parker added. Judge John T. Fowlkes, Jr no longer assigned to case. (jld) |
| Filing 18 SETTING LETTER: A Status Conference is set for 2/6/2020 at 9:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr. A JOINT proposed scheduling order in WORD format should be submitted at least 4 days prior to the scheduling conference to the ECF propdocs email address @ Judge_Fowlkes@tnwd.uscourts.gov. Please follow Judge Fowlkes' scheduling guidelines at Judge Fowlkes' website @ https://connection.tnwd.circ6.dcn. Counsel should be prepared to set case deadlines and discuss case status and all pending motions at the conference. Following the scheduling conference, the approved order will be filed by the Case Manager. (ljf) |
| Filing 17 ANSWER to #1 Complaint, by Ford Motor Co..(Bibb, John) |
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Filing 16
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 1/13/2020. (Fowlkes, J.)
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| Filing 15 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3253975) by Tina Nelson. (Attachments: #1 Exhibit A - Certificate of Good Standing (Illinois), #2 Exhibit B - Certificate of Good Standing (USDC NDIL))(Kingsbury, Timothy) |
| Filing 14 NOTICE by Ford Motor Co. of a companion civil case assigned to a different judge (Bibb, John) |
| Filing 13 NOTICE of Appearance by George S Scoville, III on behalf of Ford Motor Co. (Scoville, George) |
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Filing 12
TEXT ORDER - [NO IMAGE ATTACHED] Granting #11 Motion for Extension of Time to Respond to Complaint, signed by Judge John T. Fowlkes, Jr. on 11/13/19. (Fowlkes, J.)
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| Filing 11 MOTION Unopposed Motion for Extension of Time to Respond to Complaint and Memorandum in Support proposed order submitted by Ford Motor Co.. (Bibb, John) |
| Filing 10 Corporate Disclosure Statement by Ford Motor Co.. (Bibb, John) |
| Filing 9 NOTICE of Appearance by Ryan Nelson Clark on behalf of Ford Motor Co. (Clark, Ryan) |
| Filing 8 NOTICE of Appearance by John Randolph Bibb, Jr on behalf of Ford Motor Co. (Bibb, John) |
| Filing 7 AFFIDAVIT of Service for Summons in a Civil Action served on Ford Motor Co. on 10/24/2019, filed by Tina Nelson. (Wallis, Edwin) |
| Filing 6 Summons Issued as to Ford Motor Co.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Main Document 6 replaced on 10/22/2019) (jld). |
| Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) |
| Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) |
| Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) |
| Filing 2 Judge John T. Fowlkes, Jr and Magistrate Judge Charmiane G. Claxton added. (jld) |
| Filing 1 COMPLAINT Class Action ($400 fee paid; Tracking Id: ATNWDC-3196379; Approval Code: 140795) against Ford Motor Co., filed by Tina Nelson. (Attachments: #1 Exhibit A - Ford case record, #2 Civil Cover Sheet, #3 Summons)(Wallis, Edwin) |
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