Smith et al v. Chrysler Group, LLC, FCA US LLC et al
| Ramona L Smith, Ramona Allen, Glenda Zimmer and Tara Cheyenne Smith |
| Chrysler Group, LLC, GEICO Casualty Company, FCA US, LLC and Government Employee Insurance Company |
| Robert A Black |
| 1:2015cv00218 |
| June 8, 2015 |
| US District Court for the Eastern District of Texas |
| Beaumont Office |
| Gregg |
| Marcia A Crone |
| Keith F Giblin |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Filing 263 Abstract of Judgments re-issued as to Ramona Lorene Smith, Glenda Rene Zimmer, Ramona Diane Allen, and Tara Cheyenne Smith (Torres) (aam, ) |
| Filing 262 Abstract of Judgments issued as to Ramona Lorene Smith, Glenda Rene Zimmer, Ramona Diane Allen, and Tara Cheyenne Smith (Torres). (aam, ) |
| Filing 261 USCA MANDATE affirming the judgment of the District Court as to #249 Notice of Appeal filed by Glenda Zimmer, Ramona Allen, Tara Cheyenne Smith, Ramona L Smith. Ordered that plaintiffs-appellants pay to defendant-appellee the costs on appeal to be taxed by the Clerk of this Court. (Attachments: #1 USCA Opinion, #2 Cover Letter)(tkd, ) |
Filing 260
ORDER of USCA that the motion of attorney, Matthew Thomas Connelly, to withdraw as retained counsel is granted. Circuit Judge: E Grady Jolly (Attachments: #1 Cover Letter)(mrp, )
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| Filing 259 Unopposed MOTION to Withdraw and Substitute Counsel by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order)(Connelly, Matthew) |
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Filing 258
ORDER of USCA granting appellee's opposed motion to view and obtain sealed documents as to #249 Notice of Appeal filed by Glenda Zimmer, Ramona Allen, Tara Cheyenne Smith, Ramona L Smith (Attachments: #1 USCA Memorandum)(dlc, )
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| Sealed eROA as directed by Fifth Circuit sent via email secured link to appellee (dlc, ) |
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Filing 257
ORDER of USCA granting an extension of time to and including 12/29/2017 for filing appellee's/respondent's brief as to #249 Notice of Appeal (tkd, )
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| NOTICE of certification of supplemental eROA provided to 5th Circuit Court of Appeals. (dlc, ) |
| USCA 5th Circuit Notice - Supplemental record on appeal is accepted (dlc, ) |
| Appeal Remark re: Counsel can access the supplemental electronic record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (dlc, ) |
| Filing 256 TRANSCRIPT REQUEST Form indicating transcript is unnecessary for appeal purposes by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer (Brightwell, Rebecca) Modified on 11/7/2017 (dlc, ). |
| Filing 255 AMENDED NOTICE OF APPEAL as to #249 Notice of Appeal by Ramona L Smith (Brightwell, Rebecca) |
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Filing 254
ORDER granting in part and denying in part #250 Motion for Bill of Costs. Costs are awarded to Chrysler as follows: (1) $19,301.14 for deposition transcripts; and (2) $10,111.15 for obtaining medical and prescription records and certified copies of records. Signed by District Judge Marcia A. Crone on 10/23/17. (mrp, )
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| Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (dlc, ) |
| USCA 5th Circuit Notice - Original record on appeal is accepted (dlc, ) |
| Filing 253 REPLY to Response to Motion re #250 MOTION for Bill of Costs Entry filed by Chrysler Group, LLC. (Pearson, Chris) |
| Filing 252 RESPONSE in Opposition re #250 MOTION for Bill of Costs Entry Plaintiff, Ramona Allen filed by Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Affidaivt of Ramona Smith, #2 Exhibit Affidavit of Ramona Allen, #3 Exhibit Affidavit of Glenda Zimmer, #4 Exhibit Affidavit of Rebeca C. Brightwell, #5 Exhibit Chrysler Safety Recall N28 / NHTSA 13V-234, #6 Exhibit SEC Form 10Q re FCA US LLC, #7 Text of Proposed Order Order Denying Defendant FCA US LLC's Costs)(Brightwell, Rebecca) |
| NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (dlc, ) |
| NOTICE of Docketing Notice of Appeal from USCA re #249 Notice of Appeal filed by Glenda Zimmer, Ramona Allen, Tara Cheyenne Smith, Ramona L Smith. USCA Case Number 17-40901 (dlc, ) |
| Filing 251 NOTICE by GEICO Casualty Company Notice of Filing of Motion to Retain Venue and Consolidate Separate Actions (Thompson, Stacy) |
| Filing 250 MOTION for Bill of Costs Entry by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1)(Pearson, Chris) (Additional attachment(s) added on 8/30/2017: #4 Text of Proposed Order) (nkl, ). |
| Filing 249 NOTICE OF APPEAL by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Filing fee $ 505, receipt number 0540-6443956. (VanPuymbrouck, Darren) |
| Filing 248 FINAL JUDGMENT. The court enters final judgment in favor of Defendant Chrysler Group, LLC, FCA US LLC. Plaintiffs shall take nothing in this action. This is a Final Judgment. Signed by Judge Marcia A. Crone on 8/14/17. (mrp, ) |
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Filing 247
MEMORANDUM AND ORDER. The court orders that Plaintiffs' objections are overruled. The court finds that Chrysler's objection regarding causation is granted and Chrysler's other objections denied as moot. Chrysler's Motion for Summary Judgment #103 is granted. Chrysler's Motion to Strike #153 is granted and Chrysler's Motion for Leave to Re-Depose Michael Schultz #199 is denied as moot. Plaintiff's Motion to Correct Timeliness Argument #217 is struck as unnecessary. Plaintiffs' claims are dismissed in their entirety, with prejudice. Signed by Judge Marcia A. Crone on 8/14/17. (mrp, )
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| Filing 245 RESPONSE to #243 Order on Motion to Strike EXPERT TESTIMONY OF MICHAEL J. SCHULZ filed by Chrysler Group, LLC. (Pearson, Chris) |
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Filing 246
ORDER denying #242 Motion to Quash Plaintiff's Subpoena to NMS Labs for lack of standing to challenge the third-party subpoena. Signed by Magistrate Judge Keith F. Giblin on 8/10/17. (mrp, )
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| Filing 244 RESPONSE to Motion re #242 MOTION to Quash Plaintiffs' Subpoena to NMS Labs filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit 1-Stash Deposition Transcript, #2 Exhibit 2-FCA Subpoena, #3 Exhibit 3-Affidavit, #4 Exhibit 4-NMS Labs Toxicology Report, #5 Exhibit 5-Barnard Expert Report, #6 Exhibit 6-Certificate of Authenticity, #7 Text of Proposed Order Order)(VanPuymbrouck, Darren) |
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Filing 243
MEMORANDUM AND ORDER granting in part and denying in part #107 Motion to Limit Expert Testimony of Michael J. Schulz. Signed by Magistrate Judge Keith F. Giblin on 8/7/17. (mrp, )
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| Filing 242 MOTION to Quash Plaintiffs' Subpoena to NMS Labs by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Pearson, Chris) |
| NOTICE of Deficiency regarding the #241 submitted by Chrysler Group, LLC. Motion does not have a certficate of conference. Correction should be made as soon as possible. Motion is terminated. (mrp, ) |
| Filing 241 MOTION to Quash Plaintiffs' Subpoena to NMS Labs by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Smith - proposed Order Mtn. to Quash)(Pearson, Chris) |
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Filing 240
MEMORANDUM AND ORDER. On 6/8/17, Judge Giblin issued three orders #203 , #204 , #205 regarding a number of motions to strike pending before the court. Plaintiffs filed objections to two of these orders on 6/23/17. Having reviewed the objections, the submissions of the parties, the record, and the applicable law, the court finds that Plaintiff's objections are overruled. Signed by Judge Marcia A. Crone on 8/4/17. (mrp, )
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| ***Document #237 the main document in the Reply to Response has been replaced. The ONLY correction is a photo on page 6 which was incorrect in the original pleading. *** (mrp, ) |
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Filing 239
ORDER granting #231 , #236 and #238 Motions for Leave to File Responses and Replies. Signed by Judge Marcia A. Crone on 8/1/17. (mrp, )
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| Filing 238 MOTION for Leave to File Reply to Plaintiffs Response to FCA US LLCs Objections to Magistrate Judges Report and Recommendation Regarding Summary Judgment Breach of Implied Warranty of Merchantability (Plaintiffs Response) (Doc. 233) by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| NOTICE of Deficiency regarding the #234 Motion for Leave to File Reply submitted by Chrysler Group, LLC. Documents are out of sequence. The motion is attached to the main pleading which is the proposed order. Correction should be made as soon as possible. This motion has been terminated. (mrp, ) |
| Filing 237 REPLY to Response to Motion re #103 MOTION for Summary Judgment Plaintiffs' Reply to Defendant's Response to Plaintiff's Objection to Magistrate's Report and Recommendation Regarding Second Motion for Summary Judgment filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Brookes Deposition, #2 Exhibit Wilkinson Deposition, #3 Exhibit Ovcjak Deposition, #4 Exhibit Schulz Deposition, #5 Exhibit Webb Deposition, #6 Exhibit EMS report, #7 Exhibit R. Smith Deposition, #8 Exhibit Recall Notice, #9 Exhibit G. Zimmer Deposition, #10 Exhibit Wolfgang CAIR, #11 Exhibit Wolfgang CAIR II, #12 Exhibit FCA Letter, #13 Exhibit R. Allen Deposition, #14 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) (Main Document 237 replaced on 8/3/2017) (mrp, ). |
| Filing 236 Unopposed MOTION for Leave to File Eighteen Page Reply Brief to Defendant's Response to Plaintiffs' Objection by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| Filing 235 REPLY to Response to Motion re #234 MOTION for Leave to File Reply to Plaintiffs Response to FCA US LLCs Objections to Magistrate Judges Report and Recommendation Regarding Summary Judgment Breach of Implied Warranty of Merchantability (Plaintiffs Response) (Doc. 233), #103 MOTION for Summary Judgment filed by Chrysler Group, LLC. (Attachments: #1 Exhibit A)(Pearson, Chris) |
| Filing 234 MOTION for Leave to File Reply to Plaintiffs Response to FCA US LLCs Objections to Magistrate Judges Report and Recommendation Regarding Summary Judgment Breach of Implied Warranty of Merchantability (Plaintiffs Response) (Doc. 233) by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| Non-Documentary Exhibit Received (CDRom) #233 Response to Non-Motion; Exhibit #8 Video Footage. Exhibit placed on shelf in Clerk's office. (mrp, ) |
| Filing 233 RESPONSE to #226 Objection to Report and Recommendations Breach of Implied Warranty of Merchant ability Objection filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit 1- CAIR Report, #2 Exhibit 2- Ovcjak Deposition, #3 Exhibit 3- CAIR Report, #4 Exhibit 4-Texas Peace Officer Crash Report, #5 Exhibit 5-CAIR Report, #6 Exhibit 6-CAIR Report, #7 Exhibit 7-Safety Recall N28, #8 Exhibit 8- Disc with video footage, #9 Exhibit 9-R. Smith Deposition, #10 Exhibit 10- M. Schulz Deposition, #11 Exhibit 11- Safety Recal, #12 Text of Proposed Order Order)(VanPuymbrouck, Darren) |
| Filing 232 REPLY to Response to #211 Report and Recommendation filed by Chrysler Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pearson, Chris) Modified on 7/24/2017 (bjc, ). |
| Filing 231 Unopposed MOTION for Leave to File Document in Excess of Page Limitation by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
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Filing 230
ORDER denying #223 Motion regarding trial date. Parties are already scheduled for a docket call on 9/1/2017, at which time their case will be scheduled for a final pretrial conference and trial. Signed by Judge Marcia A. Crone on 7/21/2017. (bjc, )
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Filing 229
ORDER granting #225 Motion for Leave to File excess pages. Signed by Judge Marcia A. Crone on 7/21/2017. (bjc, )
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| Filing 228 REPLY to Response to Motion re #225 MOTION for Leave to File Excess Pages filed by Chrysler Group, LLC. (Pearson, Chris) |
| Filing 227 RESPONSE in Opposition re #225 MOTION for Leave to File Excess Pages Limitation for Objection to Magistrate Judge's Report and Recommendation regarding Summary Judgment filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Email communications)(VanPuymbrouck, Darren) |
| Filing 226 OBJECTION to #211 Report and Recommendations by Chrysler Group, LLC. (Gilbert, Danielle) |
| Filing 225 MOTION for Leave to File Excess Pages by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Gilbert, Danielle) |
| Filing 224 OBJECTION to #211 Report and Recommendations by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit A) A. Webb deposition transcript, #2 Exhibit B) Toxicology report, #3 Exhibit C) Barnard report, #4 Exhibit D) L. Brooks deposition transcript, #5 Exhibit E) R.Smith deposition transcript, #6 Exhibit F) J. Stash deposition transcript, #7 Exhibit G) R.Allen deposition transcript, #8 Exhibit H) G. Zimmer deposition transcript, #9 Exhibit I) color photo, #10 Exhibit J) M. Schulz deposition transcript, #11 Exhibit K) Butler deposition transcripts, #12 Exhibit L) A. Wilkinson deposition transcript, #13 Exhibit M) D.Froelich deposition transcript, #14 Exhibit N) Safety Recall Notice, #15 Exhibit O)A. Webb CV, #16 Exhibit P) New Safety Recall, #17 Exhibit Q) Color Photos, #18 Exhibit R) CAIR Report, #19 Exhibit S) Deposition transcript, #20 Exhibit T) Failure to obtain data, #21 Exhibit U) Schulz Report, #22 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| Filing 223 MOTION for Hearing re #198 Scheduling Order by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order (Pearson, Chris) |
| Filing 222 OBJECTION to #211 Report and Recommendations by Chrysler Group, LLC. (Pearson, Chris) |
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Filing 221
ORDER granting #220 Motion for Leave to File Excess Pages. Plaintiff's objections are ordered to be no longer than 20 pages. Signed by Judge Marcia A. Crone on 7/7/17. (mrp, )
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| Filing 220 Unopposed MOTION for Leave to File Excess Pages for Objection to Magistrate Judge's Report and Recommendation by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| Filing 219 RESPONSE to #209 Plaintiffs Objections to Magistrate Judges Memorandum and Order on Officer Daubert Motions filed by Chrysler Group. (Pearson, Chris) Modified on 7/5/2017 (mrp, ). |
| Filing 218 NOTICE by Chrysler Group, LLC DEFENDANT FCA US LLCS WITHDRAWAL OF TIMELINESS OBJECTIONS TO PLAINTIFFS OBJECTIONS TO MAGISTRATE JUDGES ORDER REGARDING DR. BARNARDS AND DR. STASHS OPINIONS (Pearson, Chris) |
| Filing 217 Unopposed MOTION to Amend/Correct Timeliness Argument Raised in Defendant FCA US LLC's Responses to Plaintiffs Objections to the United States Magistrate Judge's Orders by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order Order)(VanPuymbrouck, Darren) |
| Filing 216 ***FILED IN ERROR. PLEASE IGNORE.*** Unopposed MOTION to Amend/Correct Timeliness Argument Raised in FCA US LLC's Responses to Plaintiffs' Objections to the Magistrate Judge's Orders by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order Order)(VanPuymbrouck, Darren) Modified on 6/30/2017 (bjc, ). |
| NOTICE of Deficiency regarding Doc# 216 Motion to correct submitted by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Attorney signature omitted and no certificate of service. Correction should be made by 1 business day (bjc, ) |
| NOTICE of Deficiency regarding document 214 submitted by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. No certificate of conference. Correction should be made by 1 business day. (bjc, ) |
| Filing 215 REPLY to Defendant FCA US LLC's response to Plaintiffs' objection to #204 Order regarding Dr Barnard and Dr Stash's opinions filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (VanPuymbrouck, Darren) Modified on 6/30/2017 (bjc, ). |
| Filing 214 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION for Leave to File Reply to FCA US LLC's Response to Plaintiffs' Objection to Magistrate Judge's Order Regarding Dr. Barnard and Dr. Stash's Opinions by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order Order)(VanPuymbrouck, Darren) Modified on 6/30/2017 (bjc, ). |
| Filing 213 RESPONSE to Plaintiffs' #204 Order on regarding Dr John Stash's opinions filed by Chrysler Group, LLC. (Pearson, Chris) |
| Filing 212 RESPONSE to Plaintiff's objection to #204 Order regarding Dr Barnard's opinions filed by Chrysler Group, LLC. (Pearson, Chris) |
| Filing 211 REPORT AND RECOMMENDATION. It is recommended that the #103 MOTION for Summary Judgment should be granted in part and denied in part, the #153 MOTION to Strike December 8, 2016 Supplemental Report of Michael Schulz should be granted and the #199 MOTION for Leave to Re-Depose M. Schulz should be denied as moot. Signed by Magistrate Judge Keith F. Giblin on 6/26/17. (mrp, ) |
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Filing 210
***DOCKETED IN ERROR*** MEMORANDUM AND ORDER granting in part and denying in part #103 Motion for Summary Judgment; granting #153 Motion to Strike December 8, 2016, Supplemental Report of Michael Schulz; denying as moot #199 Motion for Leave to Re-Depose Michael Schulz.Signed by Magistrate Judge Keith F. Giblin on 6/26/17. (mrp, ) Modified on 6/26/2017 (mrp, ).
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| Filing 209 Plaintiff's Objections to #205 Magistrate Judge's Order. (Attachments: #1 Exh Fabianni Transcript, #2 Exh J. Stewart Transcript, #3 Exh Trooper D. Nichols Transcript)(VanPuymbrouck, Darren) Modified on 6/23/2017 (mrp, ). |
| Filing 208 RESPONSE to #204 Order on Motion to Strike,, Plaintiffs' Objections to Magistrate Judge's Order by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Autopsy Report, #2 Exhibit J. Stash Deposition Transcript)(VanPuymbrouck, Darren) |
| Filing 207 RESPONSE to #204 Order on Motion to Strike,, Plaintiffs' Objection to Magistrate Judge's Order by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit R. Smith Transcript, #2 Exhibit Medical Record, #3 Exhibit J. Barnard Transcript, #4 Exhibit J. Barnard Report)(VanPuymbrouck, Darren) |
| Filing 206 NOTICE of Attorney Appearance by Matthew Thomas Connelly on behalf of All Plaintiffs (Connelly, Matthew) |
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Filing 205
MEMORANDUM AND ORDER ON OFFICER DAUBERT MOTIONS. It is ordered that #131 Motion to Strike the Testimony of Ricardo Fabianni is denied. It is ordered that the #132 Motion to Strike the Testimony of Jesse Stewart is granted in part and denied in part. It is ordered that the #134 Motion to Strike the testimony of Dustin Nichols is denied. It is ordered that the #135 Motion to Strike is denied as moot and #136 Motion to Strike the testimony of Officer Chad Brown is granted in part and denied in part. Signed by Magistrate Judge Keith F. Giblin on 6/8/17. (mrp, )
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Filing 204
MEMORANDUM AND ORDER ON MEDICAL DAUBERT MOTIONS. Plaintiffs' motions to limit the testimony of Chrysler experts #129 , #133 and #137 are denied. Signed by Magistrate Judge Keith F. Giblin on 6/8/17. (mrp, )
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Filing 203
PARTIAL MEMORANDUM AND ORDER ON DEFENDANT'S DAUBERT MOTIONS granting #105 Defendant FCA US LLC's Motion to Strike Expert Testimony of Gary D. Kronrad and granting in part and denying in part #110 Defendant FCA US LLC's Motion to Limit Expert Testimony of George Glass. Signed by Magistrate Judge Keith F. Giblin on 6/8/17. (mrp, )
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| Filing 202 RESPONSE in Opposition re #199 MOTION for Leave to File proposed order to re-depose M. Schulz filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit D. Froelich Transcript, #2 Exhibit A. Wilkinson Transcript, #3 Text of Proposed Order Order)(VanPuymbrouck, Darren) |
| Filing 201 Additional Attachment to Main Document: #199 MOTION for Leave to File to re-depose M. Schulz. (Pearson, Chris) Modified on 6/5/2017 (mrp, ). |
| NOTICE of Deficiency regarding the Motion to Amend submitted by Chrysler Group, LLC. Document should have been filed as additional attachment to main document #199 . Correction should be made as soon as possible. Motion has been terminated. (mrp, ) |
| Filing 200 MOTION to Amend/Correct #199 MOTION for Leave to File to re-depose M. Schulz by Chrysler Group, LLC. (Pearson, Chris) |
| Filing 199 MOTION for Leave to File to re-depose M. Schulz by Chrysler Group, LLC. (Attachments: #1 Proposed Order, #2 Exh A, #3 Exh B, #4 Exh C)(Pearson, Chris) Modified on 6/2/2017 (mrp, ). |
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Filing 198
SIXTH AMENDED SCHEDULING ORDER. Joint Pre-Trial Order is due 8/18/17. Docket call set for 9/1/17 at 10:00 a.m. in Courtroom #3 before Judge Marcia A. Crone. Signed by Judge Marcia A. Crone on 5/11/17. (mrp, )
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Filing 197
ORDER denying #196 Motion to Seek a Definitive Trial Date. An amended scheduling order will be issued following this order. Signed by Judge Marcia A. Crone on 5/11/17. (mrp, )
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| Filing 196 Joint MOTION To Seek A Definitive Trial Date by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| Filing 195 REPORT of Mediation by Robert A Black. Mediation result: impasse(Black, Robert) |
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Filing 194
MEMORANDUM AND ORDER. The court orders that Judge Giblin's #141 Report and Recommendation on Chrysler's Motion for Summary Judgment Regarding Plaintiffs' DTPA Claim is adopted. Ramona Smith's DTPA claim brought on behalf of Arthur Smith's estate and her claim that Chrysler intentionally violated the DTPA are dismissed with prejudice. All of Chrysler's other grounds for summary judgment asserted in this motion are denied. Signed by Judge Marcia A. Crone on 2/24/17. (mrp, )
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| Filing 193 SUR-REPLY to Reply to Response to Motion re #137 MOTION to Strike or to Limit the Testimony of Jeffrey Barnard filed by Chrysler Group, LLC. (Attachments: #1 Exhibit Deposition Transcript J. Barnard)(Pearson, Chris) |
| Filing 192 SUR-REPLY to Reply to Response to Motion re #129 MOTION to Strike Bar the Testimony of Edward Gripon filed by Chrysler Group, LLC. (Pearson, Chris) |
| Filing 191 SUR-REPLY to Reply to Response to Motion re #132 MOTION to Strike and or Limit the Testimony of Jesse Stewart filed by Chrysler Group, LLC. (Attachments: #1 Exhibit Affidavit J. Stewart, #2 Exhibit Deposition Transcript J. Stewart)(Pearson, Chris) |
| Filing 190 SUR-REPLY to Reply to Response to Motion re #134 MOTION to Strike or to Limit the Testimony of Dustin Nichols filed by Chrysler Group, LLC. (Attachments: #1 Exhibit Affidavit D. Nichols, #2 Exhibit Deposition D. Nichols)(Pearson, Chris) |
| Filing 189 REPLY to Response to Motion re #137 MOTION to Strike or to Limit the Testimony of Jeffrey Barnard filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Barnard Deposition Transcript, #2 Exhibit Affidavit, #3 Exhibit FCA Exhibit A-7, #4 Exhibit Report, #5 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 188 REPLY to Response to Motion re #134 MOTION to Strike or to Limit the Testimony of Dustin Nichols filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Nichols Deposition Transcript, #2 Exhibit Affidavit of D. Nichols, #3 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 187 REPLY to Response to Motion re #132 MOTION to Strike and or Limit the Testimony of Jesse Stewart filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Stewart Deposition Transcript, #2 Exhibit Affidavit of J.. Stewart, #3 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 186 REPLY to Response to Motion re #129 MOTION to Strike Bar the Testimony of Edward Gripon filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Affidavit of E. Gripon, #2 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 185 OBJECTION to #141 Report and Recommendations Reply in Support of Objections to Report & Recommendation of U.S. Magistrate Judge by Chrysler Group, LLC. (Attachments: #1 Exhibit (s) A-E)(Pearson, Chris) |
| Filing 184 REPLY to Response to Motion re #107 MOTION to Strike /Limit Expert Testimony of Michael J. Schulz filed by Chrysler Group, LLC. (Attachments: #1 Exhibit (s) A-F)(Pearson, Chris) |
| Filing 183 ***FILED IN ERROR; NO CLAIM*** CLAIM, OBJECTION to #141 Report and Recommendations Reply In Support of Objections to Report & Recommendation by Chrysler Group, LLC. (Attachments: #1 Exhibit (s) A-E)(Pearson, Chris) Modified on 1/13/2017 (mrp, ). |
| Filing 182 ***FILED IN ERROR. PLEASE DISREGARD.***RESPONSE to Motion re #137 MOTION to Strike or to Limit the Testimony of Jeffrey Barnard filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Barnard deposition transcript, #2 Exhibit Affidavit of J. Barnard, #3 Exhibit FCA Exhibit A-7, #4 Exhibit Export Report, #5 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 1/13/2017 (rlf). |
| Filing 181 ***FILED IN ERROR. PLEASE DISREGARD.***RESPONSE to Motion re #134 MOTION to Strike or to Limit the Testimony of Dustin Nichols filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Nichols Deposition Transcript, #2 Exhibit Nichols Affidavit, #3 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 1/13/2017 (rlf). |
| Filing 180 ***FILED IN ERROR. PLEASE DISREGARD.***RESPONSE to #132 Motion to Strike, Limit testimony of Defendant FCA Expert Witness Jesse Stewart filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit J. Stewart Deposition Transcript, #2 Exhibit Affidavit of J. Stewart, #3 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 1/13/2017 (rlf). |
| Filing 179 *** FILED IN ERROR. PLEASE DISREGARD.***RESPONSE to Motion re #129 MOTION to Strike Bar the Testimony of Edward Gripon filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Affidavit of E. Gripon, #2 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 1/13/2017 (rlf). |
| Filing 178 ***FILED IN ERROR; PAGE LIMIT EXCEEDED*** REPLY to Response to Motion re #153 MOTION to Strike December 8, 2016 Supplemental Report of Michael Schulz filed by Chrysler Group, LLC. (Attachments: #1 Exhibit (s) A-F)(Pearson, Chris) Modified on 1/13/2017 (mrp, ). |
| NOTICE of Deficiency regarding the documents #179 - #182 submitted by Ramona Allen. Documents incorrectly titled and filed. Documents are Reply to Response to Motion, NOT Response to Motion. Atty will correct title of documents and refile as Reply to Response to Motion. (mrp, ) |
| Filing 177 Sealed Document. #176 Exhibit A-8 to Defendant FCA US LLCs Response to Plaintiffs' Motion to Limit the Testimony of Jeffrey J. Barnard, M.D. (Gilbert, Danielle) Modified on 1/9/2017 (mrp, ). |
| Filing 176 RESPONSE to Motion re #137 MOTION to Strike or to Limit the Testimony of Jeffrey Barnard filed by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-9, #10 Exhibit A-10, #11 Exhibit A-11, #12 Exhibit A-12, #13 Exhibit A-13, #14 Exhibit A-14, #15 Exhibit A-15, #16 Text of Proposed Order Denying Motion)(Gilbert, Danielle) |
| Filing 175 RESPONSE to Motion re #134 MOTION to Strike or to Limit the Testimony of Dustin Nichols filed by Chrysler Group, LLC. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Text of Proposed Order Proposed Order)(Pearson, Chris) |
| Filing 174 RESPONSE to Motion re #135 MOTION to Strike or to Limit the Testimony of Justice of the Peace Jerdy Wolverton filed by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Pearson, Chris) |
| Filing 173 RESPONSE to Motion re #132 MOTION to Strike and or Limit the Testimony of Jesse Stewart filed by Chrysler Group, LLC. (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, #9 Exhibit I, #10 Exhibit J, #11 Text of Proposed Order Denying Motion)(Gilbert, Danielle) |
| Filing 172 SEALED RESPONSE to Motion re #136 MOTION to Strike and to Limit the Testimony of Officer Chad Brown filed by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order Denying Motion)(Gilbert, Danielle) |
| Filing 171 SEALED RESPONSE to Motion re #129 MOTION to Strike Bar the Testimony of Edward Gripon filed by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit A-9, #10 Exhibit A-10, #11 Exhibit A-11, #12 Exhibit A-12, #13 Exhibit A-13, #14 Exhibit A-14, #15 Exhibit A-15, #16 Exhibit A-16, #17 Exhibit B, #18 Exhibit C, #19 Exhibit D, #20 Exhibit E, #21 Exhibit F, #22 Exhibit G, #23 Text of Proposed Order Proposed Order Denying Motion)(Gilbert, Danielle) |
| Filing 170 SEALED RESPONSE to Motion re #131 MOTION to Strike and or limit the Testimony of Ricardo Fabianni filed by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order Proposed Order)(Pearson, Chris) |
| Filing 169 SEALED RESPONSE to Motion re #133 MOTION to Strike to Limit the Testimony of John Stash filed by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order Proposed Order)(Pearson, Chris) |
| Filing 168 (Exhibit I- #167 The Smith Family's Sur-Reply to Defendant FCA US LLC's Reply to Plaintiffs' Response to Second Motion for Summary Judgment)Sealed Document. (VanPuymbrouck, Darren) Modified on 1/9/2017 (mrp, ). |
| Filing 167 SUR-REPLY to Reply to Response to Motion re #103 MOTION for Summary Judgment filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Schulz Affidavit, #2 Exhibit Schulz Suppl. Report, #3 Exhibit Schulz Dep. Transcript, #4 Exhibit Froelich Dep. Transcript, #5 Exhibit Wilkinson Dep. Transcript, #6 Exhibit Recall Notice, #7 Exhibit Schulz Initial Report, #8 Exhibit Photo, #9 Exhibit Toxicology Report, #10 Exhibit Barnard Report, #11 Exhibit Brookes Dep. Transcript, #12 Exhibit R. Smith Dep. Transcript, #13 Exhibit A. Webb Dep. Transcript, #14 Exhibit Stash Dep. Transcript, #15 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 166 RESPONSE to #152 Objections to Report and Recommendations, #151 Objection to Report and Recommendations filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Ovcjak Dep. Transcript, #2 Exhibit A. Wilkinson Dep. Transcript, #3 Exhibit Froelich Dep. Transcript, #4 Exhibit Recall Notice, #5 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 1/9/2017 (mrp, ). |
| Filing 165 RESPONSE to Motion re #153 MOTION to Strike December 8, 2016 Supplemental Report of Michael Schulz filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Schulz Initial Report, #2 Exhibit Schulz Dep. Transcript, #3 Exhibit Objections to Court Ordered Discovery, #4 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 164 Exhibit I- (G.Zimmer Deposition Transcript) Sealed Document. (VanPuymbrouck, Darren) |
| Filing 163 ***FILED IN ERROR; WRONG DOCUMENT ATTACHED*** SUR-REPLY to Reply to Response to Motion re #103 MOTION for Summary Judgment filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Schulz Affidavit, #2 Exhibit Schulz Supplemental Report, #3 Exhibit Schulz Dep. Transcript, #4 Exhibit Froelich Dep. Transcript, #5 Exhibit Wilkinson Dep. Transcript, #6 Exhibit Recall Notice, #7 Exhibit Schulz Initial Report, #8 Exhibit R. Allen Dep. Transcript, #9 Exhibit Photo, #10 Exhibit Toxicology Report, #11 Exhibit Barnard Report, #12 Exhibit L. Brookes Dep. Transcript, #13 Exhibit R. Smith Dep. Transcript, #14 Exhibit A. Webb Dep. Transcript, #15 Exhibit Stash Dep. Transcript, #16 Exhibit)(VanPuymbrouck, Darren) Modified on 1/9/2017 (mrp, ). |
| Filing 162 REPLY to Response to Motion re #158 MOTION for Leave to File Response to FCA US LLC's Motion to Limit Testimony of Dr. George Glass filed by Chrysler Group, LLC. (Pearson, Chris) |
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Filing 161
ORDER granting #157 Motion for Extension of Time to File Responses and Replies. All parties are notified that no additional extensions of time will be granted in this matter. Signed by Magistrate Judge Keith F. Giblin on 12/21/16. (mrp, )
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Filing 160
ORDER granting #144 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Keith F. Giblin on 12/21/16. (mrp, )
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| Filing 159 RESPONSE to Motion re #110 MOTION to Strike /Limit Expert Testimony of George Glass, M.D., P.A. filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order)(Brightwell, Rebecca) |
| Filing 158 MOTION for Leave to File Response to FCA US LLC's Motion to Limit Testimony of Dr. George Glass by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Brightwell, Rebecca) (Additional attachment(s) added on 12/21/2016: #1 Text of Proposed Order) (mrp, ). |
| Filing 157 Joint MOTION for Extension of Time to File Responses and Replies to Current Pending Motions by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 156 REPLY to Response to Motion re #103 MOTION for Summary Judgment filed by Chrysler Group, LLC. (Attachments: #1 Exhibit Exhibits A-B Deposition Testimony of Webb & Schulz)(Pearson, Chris) |
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Filing 155
FIFTH AMENDED SCHEDULING ORDER. Joint Pretrial Order is due 6/16/17. Docket call set for 7/7/17 at 10:00 a.m. The case will be set for Final Pretrial Conference and Trial at the docket call. Signed by Magistrate Judge Keith F. Giblin on 12/16/16. (mrp, )
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Filing 154
ORDER granting #150 Motion for Extension of Time to File Response to Defendant's Daubert Motions and Plaintiffs' Response to Defendant's Second Motion for Summary Judgment. Defendant's deadline to reply is extended to 12/30/16. Signed by Magistrate Judge Keith F. Giblin on 12/16/16. (mrp, )
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| Filing 153 MOTION to Strike December 8, 2016 Supplemental Report of Michael Schulz by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit (s) B-D)(Pearson, Chris) |
| Filing 152 AMENDED OBJECTION to #141 Report and Recommendations of United States Magistrate Judge by Chrysler Group, LLC. (Attachments: #1 Exhibit (s) A-F)(Pearson, Chris) Modified on 12/16/2016 (mrp, ). |
| Filing 151 OBJECTION to #141 Report and Recommendations of United States Magistrate Judge by Chrysler Group, LLC. (Attachments: #1 Exhibit (s) A-F)(Pearson, Chris) |
| Filing 150 Agreed MOTION for Extension of Time to File Response/Reply as to #148 Response to Motion,, #142 Response to Motion,,, by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion to Extend Deadlines)(Pearson, Chris) |
| Filing 149 Sealed Document. Exhibit F- #148 Plaintiffs' Response to FCA Motion to Limit Expert Testimony of Michael Schulz (VanPuymbrouck, Darren) Modified on 12/15/2016 (mrp, ). |
| Filing 148 RESPONSE to Motion re #107 MOTION to Strike /Limit Expert Testimony of Michael J. Schulz filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Toxicology Report, #2 Exhibit Schulz Transcript, #3 Exhibit R. Smith Transcript, #4 Exhibit Barnard Transcript, #5 Exhibit Brookes Transcript, #6 Exhibit Photograph, #7 Exhibit R. Allen Transcript, #8 Exhibit Schulz Initial Report, #9 Exhibit Schulz Supplemental Report, #10 Exhibit B. Butler Transcript, #11 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 147 ***PROPOSED ORDER FILED IN ERROR*** Additional Attachments to Main Document: #145 Response to Motion (VanPuymbrouck, Darren) Modified on 12/15/2016 (mrp, ). |
| Filing 146 ***FILED IN ERROR; SEE CORRECTED DOCUMENT #149 *** Sealed Document. Exhibit F- Plaintiff's Response to FCA's Motion to Limit Expert Testimony of Michael Schulz (VanPuymbrouck, Darren) Modified on 12/15/2016 (mrp, ). |
| Filing 145 ***FILED IN ERROR; SEE CORRECTED DOCUMENT #148 *** RESPONSE to Motion re #107 MOTION to Strike /Limit Expert Testimony of Michael J. Schulz filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exh Toxicology Report, #2 Exh Schulz Transcript, #3 Exh Ramona Smith Transcript, #4 Exh Barnard Report, #5 Exh Brookes Transcript, #6 Exh Photograph, #7 Exh R.Allen Transcript, #8 Exh Schulz Initial Report, #9 Exh Schulz Supplement Report, #10 Exh Brock Transcript)(VanPuymbrouck, Darren) Modified on 12/15/2016 (mrp, ). |
| Filing 144 MOTION for Leave to File Excess Pages by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 143 Sealed Document. Exhibit M - to Plaintiffs' Response to Defendant's Second Motion for Summary Judgment(VanPuymbrouck, Darren) |
| Filing 142 RESPONSE to Motion re #103 MOTION for Summary Judgment (Second) filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit M. Schulz Supplement to Expert Report, #2 Exhibit A. Webb Deposition Transcript, #3 Exhibit A. Wilkinson Deposition Transcript, #4 Exhibit Recall Notice, #5 Exhibit Schulz Initial Expert Report, #6 Exhibit Toxicology Report, #7 Exhibit M. Schulz Deposition Transcript, #8 Exhibit Barnard Deposition Transcript, #9 Exhibit R. SmithDeposition Transcript, #10 Exhibit Barnard Expert Report, #11 Exhibit L.Brookes Deposition Transcript, #12 Exhibit R. Allen Deposition Transcript, #13 Exhibit Photograph, #14 Exhibit B. Butler Deposition Transcript, #15 Exhibit Froelich Deposition Transcript)(VanPuymbrouck, Darren) |
| Filing 141 REPORT AND RECOMMENDATION that Chrysler's #70 Motion for Summary Judgment Regarding Plaintiffs' DTPA Claim should be granted in part and denied in part. The Court recommends that Ramona Smiths DTPA claim brought on behalf of Arthur Smiths estate and her claim that Chrysler intentionally violated the DTPA be dismissed with prejudice. All of Chryslers other grounds for summary judgment asserted in this motion should be denied. Signed by Magistrate Judge Keith F. Giblin on 12/1/16. (tkd, ) |
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Filing 140
ORDER granting #139 Motion for Extension of Time. Plaintiffs' deadline to respond to Chrysler Group LLC, FCA US LLC's #103 motion for summary judgment is extended to Friday, December 9, 2016. Chrysler's deadline to respond to Plaintiffs' eight pending Daubert motions (docs 129-137) is extended to Friday, December 30, 2016. Signed by Magistrate Judge Keith F. Giblin on 12/1/2016. (bjc, )
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| ***PLEASE IGNORE RESPONSE DEADLINE. Document # 119, Motion to bar the testimony of Dr Edward D Gripon. This should not have been set by the attorney*** (bjc, ) |
| Filing 139 Joint MOTION for Extension of Time to File Response/Reply by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Gilbert, Danielle) |
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Filing 138
ORDER granting #106 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Keith F. Giblin on 11/30/16. (mrp, )
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| Filing 137 MOTION to Strike or to Limit the Testimony of Jeffrey Barnard by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Ramona L Smith Deposition Transcript, #2 Exhibit Jeffrey Barnard Report, #3 Exhibit Jeffrey Barnard Deposition Transcript, #4 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 136 MOTION to Strike and to Limit the Testimony of Officer Chad Brown by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Chad Brown Deposition Transcript, #2 Exhibit Ramona Smith Deposition Transcript, #3 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 135 MOTION to Strike or to Limit the Testimony of Justice of the Peace Jerdy Wolverton by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit FCA US LLC Initial Disclosure of Expert Witnesses, #2 Exhibit Inquest Information Documents and Incident Reports, #3 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 134 MOTION to Strike or to Limit the Testimony of Dustin Nichols by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Dustin Nichols Deposition Transcript, #2 Exhibit Lawrence Brooks Deposition Transcript, #3 Exhibit Color Photos, #4 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| Filing 133 MOTION to Strike to Limit the Testimony of John Stash by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Autopsy Report, #2 Exhibit John Stash Deposition Transcript, #3 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| Filing 132 MOTION to Strike and or Limit the Testimony of Jesse Stewart by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Jesse Stewart Deposition Transcript, #2 Exhibit Lawrence Brookes Deposition Transcript, #3 Exhibit Color Photos, #4 Exhibit Ricardo Fabianni Deposition Transcript, #5 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| Filing 131 MOTION to Strike and or limit the Testimony of Ricardo Fabianni by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Ricardo Fabianni Deposition Transcript, #2 Exhibit Jesse Stewart Deposition Transcript, #3 Exhibit Lawrence Brookes Deposition Transcript, #4 Exhibit color photos, #5 Exhibit Major Crash Investigation Report, #6 Exhibit Texas Peace Officer Crash Report, #7 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| Filing 130 SEALED ADDITIONAL ATTACHMENTS to Main Document: #129 MOTION to Strike Bar the Testimony of Edward Gripon. (VanPuymbrouck, Darren) |
| Filing 129 MOTION to Strike Bar the Testimony of Edward Gripon by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Gripon Report, #2 Exhibit Excerpts Ramona L Smith Deposition Transcript, #3 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
| NOTICE of Deficiency regarding the Motions 119 - 128 submitted by Ramona L Smith. Motions did not have certificates of conference. Some motions had incorrect proposed orders with date and signature lines. Response deadlines should NOT be set. The attached exhibits did not have descriptions. ALL motions must have proposed orders with NO date or signature lines. Correction should be made as soon as possible. (mrp, ) |
| Filing 128 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Strike Motion to Bar the Testimony of Dr. Edward D. Gripon by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Responses due by 12/15/2016 (Attachments: #1 Exhibit)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 127 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Strike Motion to Limit the Testimony of Dustin Nichols by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Responses due by 12/15/2016 (Attachments: #1 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 126 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Strike Plaintiffs' Motion to Limit the Testimony of Expert Witenss Justice of Peace Jerdy Wolverton by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Responses due by 12/15/2016 (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 125 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Strike Plaintiffs' Motion to Limit the Testimony of Officer Chad Brown by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Responses due by 12/15/2016 (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 124 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Strike and/or Limit the Testimony of Ricardo Fabianni by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Responses due by 12/15/2016 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 123 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Strike Motion to Limit the Testimony of Expert Witenss Jeffrey J. Barnard, M.D. by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Responses due by 12/15/2016 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 122 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Strike and/or Limit the Testimony of Jesse Stewart by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Responses due by 12/15/2016 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 121 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Limit the Testimony of Dustin Nichols by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. Responses due by 12/15/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 120 ***FILED IN ERROR. PLEASE IGNORE.*** SEALED ADDITIONAL ATTACHMENTS to Main Document:. (Attachments: #1 Exhibit A-Sealed and Confidential Deposition Transcript)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
| Filing 119 ***FILED IN ERROR. PLEASE IGNORE.*** MOTION to Bar the Testimony of Dr. Edward D. Gripon by Ramona Allen. Responses due by 12/15/2016 (Attachments: #1 Exhibit, #2 Exhibit)(VanPuymbrouck, Darren) Modified on 12/1/2016 (bjc, ). |
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Filing 118
ORDER granting #111 Motion for Leave to File Second Motion for Summary Judgment. Signed by Magistrate Judge Keith F. Giblin on 11/14/16. (mrp, )
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| Filing 117 NOTICE of Attorney Appearance - Pro Hac Vice by Matthew Thomas Connelly on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-6015086. (Connelly, Matthew) |
| Filing 116 RESPONSE to Motion re #105 MOTION to Strike Expert Testimony of Gary D. Kronrad, PH.D. Regarding Mental Anguish Damages, Loss of Companionship and Society, and Loss of Household Services filed by Chrysler Group, LLC. (Pearson, Chris) |
| Filing 115 RESPONSE to Motion re #105 MOTION to Strike Expert Testimony of Gary D. Kronrad, PH.D. Regarding Mental Anguish Damages, Loss of Companionship and Society, and Loss of Household Services filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Brightwell, Rebecca) |
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Filing 114
FOURTH AMENDED SCHEDULING ORDER: Docket Call is set for 4/7/2017 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Motions due by 11/28/2016. Signed by Magistrate Judge Keith F. Giblin on 10/19/16. (mrp, )
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Filing 113
ORDER granting in part and denying in part #73 Motion to Compel. Specifically Chrysler is ordered to respond within 30 days of the Court's order to Smith's Second Requests for Production Nos. 3,8,11,12, and 30, as modified in this order and to Allen's First Set of Interrogatories 15,16, and 17. The Court's scheduling order will be modified accordingly. All other requests are denied. Signed by Magistrate Judge Keith F. Giblin on 10/19/16. (mrp, )
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| Filing 112 RESPONSE in Opposition re #111 Opposed MOTION for Leave to File Second Motion for Summary Judgment filed by Ramona Allen. (VanPuymbrouck, Darren) |
| Filing 111 Opposed MOTION for Leave to File Second Motion for Summary Judgment by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| Filing 110 MOTION to Strike /Limit Expert Testimony of George Glass, M.D., P.A. by Chrysler Group, LLC. (Attachments: #1 Exhibit A-B, #2 Exhibit C-H, #3 Text of Proposed Order)(Pearson, Chris) |
| Filing 109 MOTION for Leave to File Excess Pages re: Defendant FCA US LLC's Motion to Limit Expert Testimony of George Glass, M.D., P.A. by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| Filing 108 Additional Attachments to Main Document: #107 MOTION to Strike /Limit Expert Testimony of Michael J. Schulz, #106 MOTION for Leave to File Excess Pages re: Defendant FCA US LLC's Motion to Limit Expert Testimony of Michael J. Schulz.. (Attachments: #1 Exhibit B, #2 Exhibit C-J, #3 Exhibit K, #4 Exhibit L-O)(Pearson, Chris) |
| Filing 107 MOTION to Strike /Limit Expert Testimony of Michael J. Schulz by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| Filing 106 MOTION for Leave to File Excess Pages re: Defendant FCA US LLC's Motion to Limit Expert Testimony of Michael J. Schulz by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| Filing 105 MOTION to Strike Expert Testimony of Gary D. Kronrad, PH.D. Regarding Mental Anguish Damages, Loss of Companionship and Society, and Loss of Household Services by Chrysler Group, LLC. (Attachments: #1 Exhibit A-E, #2 Text of Proposed Order)(Pearson, Chris) |
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Filing 104
THIRD AMENDED SCHEDULING ORDER: Docket Call set for 3/3/2017 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Order granting #101 MOTION for Extension of Time to File filed by Glenda Zimmer, Ramona Allen, Tara Cheyenne Smith, Ramona L Smith.. Signed by Magistrate Judge Keith F. Giblin on 10/7/2016. (bjc, )
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| Filing 103 MOTION for Summary Judgment by Chrysler Group, LLC. (Attachments: #1 Exhibit A-E, #2 Exhibit F-J, #3 Text of Proposed Order)(Pearson, Chris) |
| Filing 102 RESPONSE in Opposition re #101 MOTION for Extension of Time to File (Second) filed by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| Filing 101 MOTION for Extension of Time to File by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order)(Brightwell, Rebecca) |
| Filing 100 RESPONSE in Opposition re #99 MOTION for Extension of Time to File motions to bar Defendants experts testimony filed by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Pearson, Chris) (Attachment 2 replaced on 10/7/2016) (mrp, ). |
| Filing 99 MOTION for Extension of Time to File motions to bar Defendants experts testimony by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order)(VanPuymbrouck, Darren) |
| NOTICE of Deficiency regarding the #99 Motion for Extension of Time submitted by Ramona Allen. Motion did not have a certificate of conference. Motion has been terminated. (mrp, ) |
| Filing 98 NOTICE of Discovery Disclosure by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer (Brightwell, Rebecca) |
| Filing 97 NOTICE of Discovery Disclosure by Chrysler Group, LLC First Supplemental Disclosure of Expert Witnesses (Pearson, Chris) |
| Filing 96 NOTICE of Discovery Disclosure by Chrysler Group, LLC First Supplemental (Pearson, Chris) |
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Filing 94
ORDER granting #92 Motion to Withdraw and Substitute Counsel. Danielle A. Gilbert is substituted in as new counsel for the Defendant in place of Lisa L. Pittman. Signed by Magistrate Judge Keith F. Giblin on 9/9/16. (mrp, )
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| Filing 93 ACKNOWLEDGMENT OF RECEIPT by SSA Custodian of Records on 9/2/16 of #88 Order Referring Motion. (mrp, ) |
| Filing 92 Unopposed MOTION to Withdraw and Substitution of Counsel of Record by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
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Filing 91
MEMORANDUM AND ORDER denying #57 Motion to Dismiss as a Spoliation Sanction. The court finds that the record in this case lacks sufficient evidence of bad faith or willful misconduct by Smith to justify dismissal for intentional spoliation of evidence. Chrysler presents no evidence of bad faith that warrants sanctions for spoliation of evidence. Signed by Judge Marcia A. Crone on 8/31/16. (mrp, )
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Filing 90
ORDER REFERRING CASE to Magistrate Judge Keith F. Giblin to conduct all pretrial proceedings, to enter findings of fact and recommend disposition on case-dispositive matters, and to determine non-dispositive matters. Signed by Judge Marcia A. Crone on 8/31/16. (mrp, )
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| Filing 89 RESPONSE to Motion re #73 MOTION to Compel Defendant FCA US LLC's Responses to Her Second Request for Production of Documents and Plaintiff Ramona Allen's Motion to Compel Defendant FCA US LLC's Answers to Her Interrogatories filed by Chrysler Group, LLC. (Attachments: #1 Exhibit)(Pearson, Chris) |
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Filing 88
ORDER OF REFERENCE. The hearing on #72 First MOTION for Sanctions will now take place before Magistrate Judge Hawthorn on 9/1/16, in Courtroom #4. CMRRR to SSA on 8/30/16 Signed by Judge Marcia A. Crone on 8/29/16. (mrp, )
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ORAL ORDER finding as moot #72 Motion for Sanctions. Movant notified the court that they have received the requested records from the Social Security Administration. Accordingly, the requested hearing set for 4:00 pm on September 1, 2016, is cancelled.Signed by Magistrate Judge Zack Hawthorn on 08/30/2016. (zjh1, )
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| NOTICE of CANCELATION of Show Cause Hearing scheduled for 9/1/2016 at 4:00 p.m. (psl, ) |
| Filing 86 NOTICE of Attorney Appearance - Pro Hac Vice by Chris A Pearson on behalf of Chrysler Group, LLC. Filing fee $ 100, receipt number 0540-5899336. (Pearson, Chris) (Additional attachment(s) added on 9/11/2017 - main document replaced with flattened image) (dlc, ). Modified on 9/11/2017 (dlc, ). |
| Filing 87 ACKNOWLEDGMENT OF RECEIPT by Custodian of Records for the SSA of #80 Order,. (mrp, ) |
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Filing 85
ORDER granting #83 Motion for Extension of Time. Response due on or before 9/2/2016. Signed by Judge Marcia A. Crone on 8/19/2016. (bjc, )
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| Filing 83 Unopposed MOTION for Extension of Time to File Response/Reply as to #73 MOTION to Compel Defendant FCA US LLC's Responses to Her Second Request for Production of Documents and Plaintiff Ramona Allen's Motion to Compel Defendant FCA US LLC's Answers to Her Interrogatories by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| Filing 84 Certified Mail GREEN CARD showing receipt of #78 Order on 8/5/2016 by Social Security Administration Custodian of Records (tkd, ) |
| Filing 82 SUR-REPLY to Reply to Response to Motion re #57 MOTION to Dismiss as a Spoliation Sanction filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit)(Brightwell, Rebecca) |
| Filing 81 REPLY to Response to Motion re #70 MOTION for Summary Judgment Regarding Plaintiffs' DTPA Claim filed by Chrysler Group, LLC. (Attachments: #1 Exhibit E-H)(Pearson, Chris) |
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Filing 80
AMENDED ORDER TO SHOW CAUSE. Ordered that the custodian of records for the Social Security Administration show cause before the court in Courtroom #3, Beaumont, TX, on 9/1/2016 at 4:00 p.m., why the Social Security Administration should not be sanctioned for failure to comply with the Court's order (#55) to produce subpoenaed documents by 7/18/2016.. Signed by Judge Marcia A. Crone on 8/17/2016. (bjc, ) cc: Custodian of Records for the SSA
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| NOTICE of Hearing: Show Cause Hearing rescheduled for 9/1/2016 04:00 PM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. (psl, ) |
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Filing 79
ORDER denying #54 Motion for Leave to File Second Amended Complaint. Signed by Judge Marcia A. Crone on 8/12/2016. (bjc, )
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Filing 78
ORDER TO SHOW CAUSE. A Show Cause Hearing is set for 8/30/2016 at 10:30 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. It is ordered that the custodian of records for the Social Security Administration show cause why the Social Security Administration should not be sanctioned for failure to comply with the court's order #55 to produce subpoenaed documents by 7/18/16. cc: CMRRR to SSA 8/12/16 Signed by Judge Marcia A. Crone on 8/11/16. (mrp, )
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Filing 77
SECOND AMENDED SCHEDULING ORDER: Status Conference is set for 3/3/2017 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Discovery due by 9/23/2016. Motions due by 10/7/2016. Motion terminated: #75 Agreed MOTION for Extension of Time to Complete Discovery. Signed by Judge Marcia A. Crone on 8/11/16. (mrp, )
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| Filing 76 REPLY to Response to Motion re #57 MOTION to Dismiss as a Spoliation Sanction filed by Chrysler Group, LLC. (Attachments: #1 Exhibit O)(Pearson, Chris) |
| Filing 75 Agreed MOTION for Extension of Time to Complete Discovery by Chrysler Group, LLC. (Pearson, Chris) (Additional attachment(s) added on 8/11/2016: #1 Proposed Order) (mrp, ). |
| Filing 74 RESPONSE by Plaintiffs, The Smiths Family's, in Opposition to FCA USA LLC's Motion for Summary Judgment Regarding Plaintiffs' DTPA Claims (doc. 70)(VanPuymbrouck, Darren) Modified on 9/12/2016 (saw, ). |
| Filing 73 MOTION to Compel Defendant FCA US LLC's Responses to Her Second Request for Production of Documents and Plaintiff Ramona Allen's Motion to Compel Defendant FCA US LLC's Answers to Her Interrogatories by Ramona L Smith. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(VanPuymbrouck, Darren) |
| Filing 72 First MOTION for Sanctions Against Social Security Administration by Chrysler Group, LLC. (Attachments: #1 Exhibit (s) A-E, #2 Text of Proposed Order)(Pearson, Chris) (Additional attachment(s) added on 8/5/2016: #3 Revised Proposed Order) (tkd, ). |
| Filing 71 RESPONSE in Opposition re #57 MOTION to Dismiss as a Spoliation Sanction filed by Ramona L Smith. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Brightwell, Rebecca) |
| Filing 70 MOTION for Summary Judgment Regarding Plaintiffs' DTPA Claim by Chrysler Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pearson, Chris) |
| NOTICE of Deficiency regarding the #66 Affidavit submitted by Ramona L Smith. Affidavit filed in error as a Motion. Document was filed as a Motion for Leave to Amend but no motion was filed. Counsel advised to file an entire new First Amended Motion for Leave to File Second Amended Complaint should they desire to amend the #54 Motion to File Second Amended Complaint. (mrp, ) |
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Filing 69
ORDER granting #59 GEICO's Motion to Intervene. Signed by Judge Marcia A. Crone on 7/19/16. (mrp, )
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Filing 68
ORDER granting #64 Motion for Extension of Time to File Response. Plaintiffs shall file their response on or before 8/1/16. Signed by Judge Marcia A. Crone on 7/18/16. (mrp, )
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Filing 67
ORDER granting #62 Motion for Leave to Exceed Page Limit. The court will consider Smith's 12 page reply #61 to be properly filed. Signed by Judge Marcia A. Crone on 7/19/16. (mrp, )
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| Filing 66 Second MOTION for Leave to File Amended Complaint by Ramona L Smith. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Service)(VanPuymbrouck, Darren) |
| ***FILED IN ERROR. Document # 65, Affidavit. Incorrect event used and no certificate of service. PLEASE IGNORE.*** (bjc, ) |
| Filing 65 ***FILED IN ERROR. PLEASE IGNORE.*** dditional Attachments to Main Document: #54 First MOTION for Leave to File Second Amended Complaint.. (Brightwell, Rebecca) Modified on 7/18/2016 (bjc, ). |
| Filing 64 Unopposed MOTION for Extension of Time to File Response/Reply Defendant Motion for Dismissal as a Spoliation Sanction by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order)(Brightwell, Rebecca) |
| Filing 63 NOTICE of Disclosure by Chrysler Group, LLC of Expert Witnesses (Pearson, Chris) |
| Filing 62 First MOTION for Leave to File Reply in excess of page limit by Ramona L Smith. (Attachments: #1 Text of Proposed Order)(VanPuymbrouck, Darren) |
| Filing 61 REPLY to Response to Motion re #54 First MOTION for Leave to File Second Amended Complaint filed by Ramona L Smith. (VanPuymbrouck, Darren) |
| Filing 60 RESPONSE to Motion re #54 First MOTION for Leave to File Second Amended Complaint filed by GEICO Casualty Company. (Attachments: #1 Text of Proposed Order)(Thompson, Stacy) |
| Filing 59 Unopposed MOTION to Intervene by GEICO Casualty Company. (Attachments: #1 Text of Proposed Order)(Thompson, Stacy) |
| Filing 58 RESPONSE to Motion re #54 First MOTION for Leave to File Second Amended Complaint filed by Chrysler Group, LLC. (Pearson, Chris) |
| Filing 57 MOTION to Dismiss as a Spoliation Sanction by Chrysler Group, LLC. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Text of Proposed Order Order)(Pearson, Chris) |
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Filing 56
ORDER granting #55 Motion to Compel. Accordingly, the custodian of records at the Social Security Administration is ordered to comply with the subpoenas issued to the Social Security Administration on 5/11/16, and produce the subpoenaed documents within 10 days from the issuance of this order. Signed by Judge Marcia A. Crone on 7/7/16. (mrp, )
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| Filing 55 MOTION to Compel Social Security Administration to Produce Records by Chrysler Group, LLC. (Attachments: #1 A, #2 B)(Pearson, Chris) |
| Filing 54 First MOTION for Leave to File Second Amended Complaint by Ramona L Smith. (Attachments: #1 Text of Proposed Order, #2 Exhibit Cert Conference, #3 Exhibit)(VanPuymbrouck, Darren) |
| Filing 53 NOTICE of Discovery Disclosure by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer (Brightwell, Rebecca) |
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Filing 52
ORDER granting #51 Defendant's Motion to Compel Responses and Answers to Requests for Production and Interrogatories. Plaintiffs are ordered to respond to Defendant's discovery requests within 10 days of entry of this order. Signed by Judge Marcia A. Crone on 5/10/16. (mrp, )
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| Filing 51 MOTION to Compel Plaintiffs' Responses and Answers to Requests for Production and Interrogatories by Chrysler Group, LLC. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Text of Proposed Order Order Granting Defendant FCA US LLC's Motion to Compel)(Pearson, Chris) |
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Filing 50
ORDER granting #40 SEALED MOTION for Summary Judgment filed by GEICO Casualty Company. Accordingly, the court dismisses Defendant GEICO with prejudice. Plaintiffs' claims against Defendant Chrysler Group LLC remain pending. Signed by Judge Marcia A. Crone on 4/8/2016. (bjc, )
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Filing 49
MEMORANDUM AND ORDER. Plaintiffs fail to present a claim that warrants relief. There remain no material facts in dispute, and GEICO is entitled to judgment as a matter of law. Accordingly, GEICO's motion for summary judgment is granted. GEICO is dismissed as a party to this lawsuit. Signed by Judge Marcia A. Crone on 4/8/2016. (bjc, )
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Filing 48
AMENDED SCHEDULING ORDER: Final Status Conference set for 2/3/2017 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Proposed Joint Pretrial Order due by 11/30/2016. Order granting #47 Second Joint MOTION For Entry of an Amended Scheduling Order. Signed by Judge Marcia A. Crone on 3/10/2016. (bjc, )
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| Filing 47 Second Joint MOTION For Entry of an Amended Scheduling Order by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit A - Amended Scheduling Order)(VanPuymbrouck, Darren) Modified on 3/11/2016 (bjc, ). |
| Filing 46 NOTICE of Discovery Disclosure by Chrysler Group, LLC First Amended Rule 7.1 Disclosure Statement (Pearson, Chris) |
| Filing 45 REPLY to Response to Motion re #40 SEALED MOTION for Summary Judgment filed by GEICO Casualty Company. (Thompson, Stacy) |
| Filing 44 RESPONSE to Motion re #40 SEALED MOTION for Summary Judgment Ramona L. Smith, individually and for the Estate of Arthur M. Smith filed by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Exhibit Ex. A - GEICO Insurance Policy, #2 Exhibit Ex. B - GEICO1_00070, #3 Exhibit Ex. C - GEICO1_00061, #4 Exhibit Ex. D - GEICO1_00060, #5 Exhibit Ex. E - GEICO1_00048, #6 Exhibit Ex. F - GEICO1_00047, #7 Exhibit Ex. G - GEICO1_00045, #8 Exhibit Ex. H - GEICO1_00044, #9 Exhibit Ex. I - GEICO Fax 06/11/2014 Holding Vehicle)(Brightwell, Rebecca) |
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Filing 43
ORDER granting #42 Motion for Extension of Time to File Response to Defendants' Motion for Summary Judgment. Plaintiffs shall file their response on or before 2/22/16. Signed by Judge Marcia A. Crone on 2/5/16. (mrp, )
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| Filing 42 First MOTION for Extension of Time to File Response/Reply GEICO's MOTION FOR SUMMARY JUDGMENT by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order)(Brightwell, Rebecca) |
| Filing 41 NOTICE by GEICO Casualty Company (Thompson, Stacy) |
| Filing 40 SEALED MOTION for Summary Judgment by GEICO Casualty Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Thompson, Stacy) (Additional attachment(s) added on 1/19/2016: #5 Text of Proposed Order) (mrp, ). |
| Filing 39 NOTICE of Discovery Disclosure by GEICO Casualty Company (Thompson, Stacy) |
| Filing 38 NOTICE of Designation of Attorney in Charge to Stacy Hemby Thompson on behalf of GEICO Casualty Company (Thompson, Stacy) |
| Filing 37 NOTICE by GEICO Casualty Company (Perry, Meloney) |
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Filing 36
AMENDED SCHEDULING ORDER: Status Conference is reset for 11/4/2016 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Discovery due by 6/22/2016. Motions due by 7/8/2016. Motion terminated: #35 Joint MOTION to Amend Scheduling Order. Signed by Judge Marcia A. Crone on 12/28/15. (mrp, )
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| Filing 35 Joint MOTION to Amend/Correct for Entry of An Amended Scheduling Order by Ramona L Smith. (Attachments: #1 Exhibit Exhibit A - Amended Scheduling Order, #2 Text of Proposed Order Proposed Order)(VanPuymbrouck, Darren) |
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Filing 34
ORDER granting #31 Motion for Leave to File First Amended Answer. Signed by Judge Marcia A. Crone on 12/16/15. (mrp, )
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| Filing 33 AMENDED ANSWER to Plaintiff's Amended Complaint by GEICO Casualty Company. (Perry, Meloney) |
| Filing 32 Defendant FCA US LLC's First Amended ANSWER to #1 Complaint, by Chrysler Group, LLC.(Pearson, Chris) |
| Filing 31 Unopposed MOTION for Leave to File First Amended Answer to Plaintiffs' Complaint by Chrysler Group, LLC. (Attachments: #1 Proposed Order)(Pearson, Chris) |
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Filing 30
AGREED PROTECTIVE ORDER. Signed by Judge Marcia A. Crone on 12/3/15. (mrp, )
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Filing 29
ORDER granting #26 Motion for Leave to File and Maintain Certain Documents and Information Under Seal. Signed by Judge Marcia A. Crone on 12/3/15. (mrp, )
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| Filing 28 NOTICE of Discovery Disclosure by GEICO Casualty Company (Perry, Meloney) |
| Filing 27 Joint MOTION for Protective Order by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Pearson, Chris) |
| Filing 26 Joint MOTION for Leave to File And Maintain Certain Documents and Information Under Seal by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Supplement Notice of Filing)(VanPuymbrouck, Darren) |
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Filing 25
SCHEDULING ORDER: Status Conference is set for 10/7/2016 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Amended Pleadings due by 12/15/2015. Discovery due by 5/25/2016. Motions due by 6/10/2016. Signed by Judge Marcia A. Crone on 10/19/15. (mrp, )
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Filing 24
Minute Entry for proceedings held before Judge Marcia A. Crone: Scheduling Conference held on 10/19/2015. Counsel convened to inform the court of the facts and issues in this personal injury case. The court and counsel agreed to a scheduling order which will govern all future proceedings.Signed at Beaumont, Texas, this 19th day of October, 2015 by Judge Marcia A. Crone. (mrp, )
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| Filing 23 NOTICE of Attorney Appearance by Meloney Cargil Perry on behalf of GEICO Casualty Company (Perry, Meloney) |
| Filing 22 NOTICE of Initial Disclosures by Ramona L Smith. (Brightwell, Rebecca) Modified on 10/28/2015 (mrp, ). |
| Filing 21 CORPORATE DISCLOSURE STATEMENT filed by GEICO Casualty Company identifying Corporate Parent Geico Corporation for GEICO Casualty Company. (Perry, Meloney) |
| Filing 20 NOTICE of Discovery Disclosure by GEICO Casualty Company (Perry, Meloney) |
| Filing 19 NOTICE by Chrysler Group, LLC of Initial Disclosures (Pearson, Chris) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting. (Pearson, Chris) |
| Filing 17 Submission of Proposed Agreed Docket Control/Scheduling order by Chrysler Group, LLC . (Pearson, Chris) |
| NOTICE of Hearing: Status Conference set for 10/19/2015 11:30 AM in Chambers (Beaumont) before Judge Marcia A. Crone. (psl, ) |
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Filing 16
ORDER denying as moot #6 Motion to Dismiss, without prejudice to refile. Signed by Judge Marcia A. Crone on 8/19/15. (mrp, )
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Filing 15
ORDER granting #12 Motion for Leave to File Amended Complaint. Signed by Judge Marcia A. Crone on 8/12/15. (mrp, )
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| Filing 14 RESPONSE to Motion re #6 SETTLEMENT Papers & MOTION to Dismiss Plaintiff's DTPA Claim Response to Motion to Dismiss filed by Ramona L Smith. (Brightwell, Rebecca) |
| Filing 95 FIRST AMENDED COMPLAINT against All Defendants filed by Ramona L Smith. (NOTE: The complaint was not filed as a separate document when order granting leave to file was granted on 8/12/2015 (doc.#15) This is correcting a clerical/docketing error only)(saw, ) |
| Filing 13 RESPONSE to Motion re #6 SETTLEMENT Papers & MOTION to Dismiss Plaintiff's DTPA Claim filed by Ramona Allen. (Brightwell, Rebecca) |
| Filing 12 Agreed MOTION for Leave to File Amended Complaint by Ramona Allen. (Brightwell, Rebecca) (Additional attachment(s) added on 8/11/2015: #1 Text of Proposed Order) (mrp, ). |
| NOTICE of Deficiency regarding the Settlement Papers and Motion to Dismiss submitted by Chrysler Group, LLC. Motion did not have a proposed order and name of document was incorrect. See corrected Motion #6 . Motion #5 has been terminated. (mrp, ) |
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Filing 11
ORDER to Conduct Rule 26(f) Conference with a proposed Scheduling Order. Signed by Judge Marcia A. Crone on 7/22/15. (mrp, )
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Filing 10
ORDER granting #9 Motion to Withdraw as Attorney. Added attorneys Chris A Pearson, Lisa Lynn Pittman and Jim Mitchell Smith for Chrysler Group, LLC. Attorney Roy Anthony Spezia terminated. Signed by Judge Marcia A. Crone on 7/22/15. (mrp, )
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| Filing 9 Unopposed MOTION to Withdraw as Attorney and Substitution of Counsel of Record by Chrysler Group, LLC. (Attachments: #1 Text of Proposed Order)(Spezia, Roy) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Chrysler Group, LLC (Spezia, Roy) |
| Filing 7 Defendant FCA US LLC's ANSWER to #1 Complaint, by Chrysler Group, LLC.(Spezia, Roy) |
| Filing 6 MOTION to Dismiss Plaintiff's DTPA Claim by Chrysler Group, LLC. (Attachments: #1 Proposed Order)(Spezia, Roy) (Attachment 1 replaced on 7/28/2015) (mrp, ). Modified on 7/28/2015 (mrp, ). |
| Filing 5 SETTLEMENT Papers & MOTION to Dismiss by Chrysler Group, LLC. (Spezia, Roy) |
| Filing 4 Original ANSWER to #1 Complaint, by GEICO Casualty Company.(Perry, Meloney) |
| Filing 3 NOTICE of Attorney Appearance - Pro Hac Vice by Darren VanPuymbrouck on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-5297172. (VanPuymbrouck, Darren) (Additional attachment(s) added on 9/11/2017 - main document replaced with flattened image) (dlc, ). Modified on 9/11/2017 (dlc, ). |
| Filing 2 SUMMONS Issued as to All Defendants: Chrysler Group and (Attachments: #3 Summons(es) GEICO Casualty Company)(aam, ) (Additional attachment(s) added on 9/11/2017 - main document and attachment replaced with flattened images) (dlc, ). Modified on 9/11/2017 (dlc, ). |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (aam, ) |
| Case Assigned to Judge Marcia A. Crone. (aam, ) |
| DEMAND for Trial by Jury by Ramona Allen, Ramona L Smith, Tara Cheyenne Smith, Glenda Zimmer. (aam, ) |
| Filing 1 COMPLAINT Ramona L. Smith, Individually, Ramona L. Smith, Adminstrator for the Estate of Arthur M. Smith, Glenda Zimmer, Ramona Allen and Tara C. Smith against FCA US LLC f/k/a Chrysler Group, LLC ( Filing fee $ 400 receipt number 0540-5234362.), filed by Ramona L Smith.(Brightwell, Rebecca) (Additional attachment(s) added on 9/11/2017 #(2) Civil Cover Sheet replaced with flattened image) (dlc, ). Modified on 9/11/2017 (dlc, ). |
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