Burk v. Ford Motor Company et al
| Burk and Travis Burk |
| Ford Motor Company, Philpott Motors, Ltd., Bank of America National Association and Geico County Mutual |
| 1:2016cv00021 |
| January 22, 2016 |
| US District Court for the Eastern District of Texas |
| Beaumont Office |
| Jefferson |
| Marcia A Crone |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
Docket Report
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Filing 48
Order of Dismissal. This action is dismissed in its entirety, with prejudice. Each party shall bear its own costs of court and attorney's fees. This is a Final Judgment. Signed by District Judge Marcia A. Crone on 12/7/17. (mrp, )
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| Filing 47 STIPULATION of Dismissal by Travis Burk. (Dalton, Richard) |
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Filing 46
ORDER. It is ordered that the parties submit on or before 12/11/17, a stipulation of dismissal according to their settlement agreement or a status update regarding the pendency of the settlement. Should the parties fail to file the requested documents, the court will sua sponte dismiss all claims against GEICO for want of prosecution. Signed by District Judge Marcia A. Crone on 12/4/17. (mrp, )
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Filing 45
ORDER OF DISMISSAL. The claims against Defendant GEICO County Mutual remain conditionally dismissed, pending the filing of settlement papers. This is a Final Judgment against defendants Ford, Philpott, and BOA. Signed by Judge Marcia A. Crone on 8/22/17. (mrp, )
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| Filing 44 STIPULATION of Dismissal of Plaintiffs' Claims Against Ford Motor Company, Philpott Motors and Bank of America National Association by Ford Motor Company. (Attachments: #1 Text of Proposed Order)(Chambless, Johnny) |
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Filing 43
ORDERED that Plaintiffs' claims against GEICO are dismissed on the merits without prejudice to the right of counsel of record to move for reinstatement within 90 days upon presentation of adequate proof that final approval of the settlement could not be obtained from the respective principals for whom counsel act. Any outstanding motions are conditionally denied as moot pending final settlement papers. the court retains jurisdiction to enforce the settlement. Signed by Judge Marcia A. Crone on 7/21/2017. (bjc, )
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| Filing 42 NOTICE of Settlement by Travis Burk (Dalton, Richard) |
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Filing 41
ORDER OF PARTIAL DISMISSAL. It is ordered that Plaintiffs' claims against Ford, Philpott, and Bank of America are dismissed on the merits without prejudice to the right of counsel of record to move for reinstatement within 90 days upon presentation of adequate proof that final approval of the settlement could not be obtained from the respective principals for whom counsel act. The #35 MOTION for Summary Judgment is denied as moot pending final settlement papers. Plaintiffs' claims against Defendant Geico County Mutual remain pending. Signed by Judge Marcia A. Crone on 5/22/17. (mrp, )
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| Filing 40 NOTICE of Settlement PARTIAL NOTICE OF SETTLEMENT by Travis Burk (Dalton, Richard) |
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Filing 39
ORDER denying as moot #37 Motion for Extension of Time to File Response; granting #38 Motion for Extension of Time to File Response. Plaintiffs shall respond to Defendants' Motion for Summary Judgment on or before 5/19/17. Signed by Judge Marcia A. Crone on 5/2/17. (mrp, )
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| Filing 38 Amended MOTION for Extension of Time to File Response/Reply by Travis Burk. (Dalton, Richard #1 Text of Proposed Order) |
| Filing 37 Amended MOTION for Extension of Time to File Response/Reply by Travis Burk. (Attachments: #1 Text of Proposed Order)(Dalton, Richard) |
| Filing 36 First MOTION for Extension of Time to File Response/Reply by Travis Burk. (Attachments: #1 Text of Proposed Order)(Dalton, Richard) |
| ***FILED IN ERROR. Document #36 , Motion for Extension of Time. PLEASE IGNORE. MOTION HAS BEEN TERMINATED.*** (mrp, ) |
| Filing 35 MOTION for Summary Judgment by Bank of America National Association, Ford Motor Company, Philpott Motors, Ltd.. (Attachments: #1 Exh A, #2 Exh B, #3 Exh C, #4 Exh D, #5 Exh E, #6 Exh F, #7 Proposed Order)(Chambless, Johnny) |
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Filing 34
ORDER granting #30 Motion to Substitute Attorneys. Attorneys Donald W Gould, II and Andrew H Sharenson are terminated and John W. Chambless II and Israel Flores, Jr are substituted as counsel for defendants Philpott Motors, Ltd. and Bank of America National Association. Signed by Judge Marcia A. Crone on 1/17/17. (mrp, )
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| Filing 33 NOTICE of Discovery Disclosure by Ford Motor Company Expert Disclosures (Attachments: #1 Exhibit FMC's Expert Disclosures, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Flores, Israel) |
| Filing 32 NOTICE by Philpott Motors, Ltd. of Expert Designation (Gould, Donald) |
| Filing 31 expert Witness List by Geico County Mutual. (Stanley, J) |
| Filing 30 Unopposed MOTION to Substitute Attorney by Philpott Motors, Ltd.. (Attachments: #1 Text of Proposed Order)(Chambless, Johnny) |
| Filing 29 NOTICE by Geico County Mutual Notice of initial Disclosure (Stanley, J) |
| Filing 28 NOTICE of Discovery Disclosure by Bank of America National Association Rule 26 Disclosures (Gould, Donald) |
| Filing 27 NOTICE of Discovery Disclosure by Philpott Motors, Ltd. Rule 26 Disclosures (Gould, Donald) |
| Filing 26 NOTICE of Discovery Disclosure by Ford Motor Company Rule 26 Initial Disclosures (Flores, Israel) |
| Filing 25 STIPULATION Joint Stipulation to Extend Deadline to Exchange Rule 26 Initial Disclosures by Ford Motor Company. (Flores, Israel) |
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Filing 24
SCHEDULING ORDER: Status Conference is set for 8/4/2017 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Amended Pleadings due by 10/7/2016. Discovery due by 4/7/2017. Motions due by 4/21/2017. Signed by Judge Marcia A. Crone on 7/6/16. (mrp, )
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Filing 23
Minute Entry for proceedings held before Judge Marcia A. Crone: Scheduling Conference held on 7/6/2016. Counsel convened to inform the court of the facts and issues in this contract case. The court and counsel agreed to a scheduling order which will govern all future proceedings.Signed at Beaumont, Texas, this 6th day of July, 2016, by Judge Marcia A. Crone. (mrp, )
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| 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. (bjc, ) |
| Filing 22 DEFENDANT GEICO COUNTY MUTUAL INCORRECTLY NAMED AS GEICO CASUALTY COMPANY'S ANSWER to Complaint by GEICO Casualty Company.(Stanley, J) |
| Filing 21 Submission of Proposed Agreed Docket Control/Scheduling order by Ford Motor Company . (Flores, Israel) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Flores, Israel) |
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Filing 19
ORDER granting #16 Motion to Continue Status Conference. The court will reschedule the status conference for a date in July 2016. Signed by Judge Marcia A. Crone on 5/6/16. (mrp, )
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| Filing 18 NOTICE of Attorney Appearance - Pro Hac Vice by Andrew H Sharenson on behalf of Bank of America National Association, Philpott Motors, Ltd.. Filing fee $ 100, receipt number 0540-5733326. (Sharenson, Andrew) |
| NOTICE of Hearing: Status Conference rescheduled for 7/6/2016 10:30 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. (psl, ) |
| Filing 17 Unopposed MOTION for Leave to Appear Pro Hac Vice Andrew H. Sharenson by Bank of America National Association, Philpott Motors, Ltd.. (Sharenson, Andrew) |
| Filing 16 Unopposed MOTION to Continue Status Conference by Travis Burk. (Attachments: #1 Text of Proposed Order)(Dalton, Richard) |
| Filing 15 SUMMONS Issued as to GEICO Casualty Company and emailed to pla's atty for service (aam, ) |
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Filing 14
ORDER granting in part #12 Motion to Extend Time. The parties must file with the court a joint written report no later than 5/6/16. Signed by Judge Marcia A. Crone on 3/31/16. (mrp, )
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Filing 13
ORDER granting #10 Motion to File First Amended Complaint. Signed by Judge Marcia A. Crone on 3/30/16. (mrp, )
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| Filing 12 Joint MOTION for Extension of Time to File Joint Written Report, Joint MOTION Extension of Time to Conduct Rule 26(f) Conference and Status Conference by Bank of America National Association, Ford Motor Company, GEICO Casualty Company, Philpott Motors, Ltd. (Attachments: #1 Text of Proposed Order)(Flores, Israel) |
| Filing 11 AMENDED COMPLAINT against All Defendants, filed by Travis Burk.(Dalton, Richard) |
| Filing 10 First MOTION to Amend/Correct #1 Complaint by Travis Burk. (Attachments: #1 Memo in Support, #2 Order)(Dalton, Richard) (Additional attachment(s) added on 3/30/2016: #3 Revised Proposed Order) (tkd, ). |
| 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. (tkd, ) |
| Filing 9 Original ANSWER to #1 Complaint by Bank of America National Association.(Gould, Donald) |
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Filing 5
ORDER to Conduct Rule 26(f) Conference with a proposed Scheduling Order. Signed by Judge Marcia A. Crone on 2/18/16. (mrp, )
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| Filing 4 ANSWER to #1 Complaint by Philpott Motors, Ltd..(Gould, Donald) |
| NOTICE of Hearing: Status Conference set for 5/12/2016 10:30 AM in Chambers (Beaumont) before Judge Marcia A. Crone. (psl, ) |
| Filing 8 SUMMONS Returned Executed CMRRR by Travis Burk. Bank of America National Association served on 1/29/2016, answer due 2/19/2016. (mrp, ) |
| Filing 7 SUMMONS Returned Executed CMRRR by Travis Burk. Ford Motor Company served on 1/29/2016, answer due 2/19/2016. (mrp, ) |
| Filing 6 SUMMONS Returned Executed CMRRR by Travis Burk. Philpott Motors, Ltd. served on 1/28/2016, answer due 2/18/2016. (mrp, ) |
| Filing 3 NOTICE of Attorney Appearance by Israel Flores, Jr on behalf of Ford Motor Company (Flores, Israel) |
| Filing 2 Original ANSWER to #1 Complaint Statement of Affirmative Defenses, and Reliance on Jury Demand by Ford Motor Company.(Chambless, Johnny) |
| 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, ) |
| SUMMONS Issued as to Bank of America National Association, Ford Motor Company, Philpott Motors, Ltd. and emailed to pla's atty for service (aam, ) |
| Case Assigned to Judge Marcia A. Crone. (aam, ) |
| DEMAND for Trial by Jury by Travis Burk. (aam, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-5577145.), filed by Travis Burk. (Attachments: #1 Civil Cover Sheet, #2 Summons(es), #3 Summons(es), #4 Summons(es))(Dalton, Richard) |
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