Braudaway et al v. Ford Motor Company
| Braudaway, Ronald Braudaway and Mary Braudaway |
| Ford Motor Company |
| Bobbie Peterson Cate |
| 4:2016cv00383 |
| June 10, 2016 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Anderson |
| Don D Bush |
| Kimberly C Priest Johnson |
| Amos L Mazzant |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| None |
Docket Report
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This docket was last retrieved on April 14, 2017. A more recent docket listing may be available from PACER.
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Filing 46
ORDER ESTABLISHING THE A.B. TRUST. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/14/2017. (pad, )
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Filing 45
ORDER APPROVING SETTLEMENT AND FINAL JUDGMENT - IT IS THEREFORE ORDERED that this matter is DISMISSED in its entirety, with prejudice. IT IS FURTHER ORDERED that all costs and expenses associated with this matter, including, but not limited to, the services of the guardian ad litem, shall be allocated according to the terms of the Settlement Agreement. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/14/2017. (baf, )
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Filing 44
ORDER ESTABLISHING THE C.B. TRUST - GRANTING #42 Sealed Document. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/14/2017. (baf, )
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Filing 43
***WRONG DOCUMENT ATTACHED. PLEASE IGNORE*** ORDER ESTABLISHING THE A.B. TRUST - GRANTING #41 Sealed Document. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/14/2017. (baf, ) Modified on 5/2/2017 (pad, ).
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| Filing 42 Sealed Document. (Attachments: #1 Exhibit Decree)(Peterson Cate, Bobbie) |
| Filing 41 Sealed Document. (Attachments: #1 Exhibit Decree)(Peterson Cate, Bobbie) |
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Filing 40
ORDER OF REFERENCE - IT IS HEREBY ORDERED that this case be referred to a United States Magistrate Judge for all further proceedings and the entry of judgment in accordance with 28 U.S.C. Section 636(c) and the foregoing consent of the parties. Signed by Judge Amos L. Mazzant, III on 4/11/2017. (baf, )
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| Filing 39 CONSENT to Proceed Before US Magistrate Judge by Mary Braudaway, Ronald Braudaway, Ford Motor Company. Case reassigned to Magistrate Judge Kimberly C Priest Johnson. (baf, ) |
| Filing 38 Sealed Document. (Attachments: #1 Text of Proposed Order)(Matthews, Stewart) (Attachment 1 replaced on 4/13/2017) (baf, ). |
| Filing 36 NOTICE of Attorney Appearance by Julie Hathorn Albright on behalf of Ford Motor Company (Albright, Julie) |
| Filing 35 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Prove-Up Hearing held on 3/30/2017. (Digital Recording - Plano 108 SEALED.) (ttm, ) |
| Filing 34 NOTICE by Ford Motor Company of Appearance of Additional Counsel (Mennucci, William) |
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Filing 33
ORDER - GRANTING #32 Unopposed MOTION for Hearing Minor Prove-up filed by C.B., A.B., Ronald Braudaway, Mary Braudaway. Plaintiffs and Defendant have agreed to settle this matter. Plaintiffs Ronald Braudaway and Mary Braudaway have individual claims in this action and also appear as the next friend of their minor children, A.B. and C.B. Bobbie Peterson Cate was appointed to serve as guardian ad litem, on behalf of A.B. and C.B. See Dkt. 30. Minor Prove-up Hearing set for 3/30/2017 at 10:00 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/20/2017. (baf, )
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| Filing 32 Unopposed MOTION for Hearing Minor Prove-up by A.B., Mary Braudaway, Ronald Braudaway, C.B.. (Attachments: #1 Text of Proposed Order)(Matthews, Stewart) (Attachment 1 replaced on 3/15/2017) (baf, ). |
| Filing 31 STATUS REPORT by Guardian Ad Litem by Bobbie Peterson Cate. (Peterson Cate, Bobbie) |
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Filing 30
ORDER REGARDING APPOINTMENT OF GUARDIAN AD LITEM. ORDERED that the Law Office of Bobbie Peterson Cate, 120 S. Crockett, Sherman, TX 75090, Phone: (903) 870-1007, Fax: (903) 870-1446, E-mail: bobbie.peterson@4ladyjustice.com, shall be appointed guardian ad litem to protect the interests of the Minor Plaintiffs in this action and to participate in settlement proceedings on their behalf as needed. Signed by Magistrate Judge Kimberly C Priest Johnson on 1/25/2017. (kls, )
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Filing 29
ORDER - Pending before the Court is the Plaintiffs Agreed Motion to Extend Deadline to Appoint Guardian Ad Litem (Dkt. #27 ). Plaintiffs request an extension until January 25, 2017, to report to the Court the name of an agreed upon guardian ad litem. After reviewing the motion, and all other relevant filings, the Court finds Plaintiffs motion (Dkt. #27 ) is GRANTED.IT IS THEREFORE ORDERED THAT Plaintiffs may report to the Court the name of the agreed upon guardian ad litem no later than January 25, 2017. Signed by Magistrate Judge Kimberly C Priest Johnson on 1/23/2017. (baf, )
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| Filing 28 NOTICE by A.B., C.B., Ford Motor Company of Agreed Upon Guardian Ad Litem (Wamsted, Ronald) |
| Filing 27 Agreed MOTION for Extension of Time to File Agreed Upon Name of Guardian Ad Litem by A.B., Mary Braudaway, Ronald Braudaway, C.B.. (Attachments: #1 Text of Proposed Order)(Matthews, Stewart) (Attachment 1 replaced on 1/23/2017) (baf, ). |
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Filing 26
ORDER APPOINTING GUARDIAN AD LITEM - GRANTING #25 Motion to Appoint GUARDIAN AD LITEM ad Litem. IT IS THEREFORE ORDERED that on or before January 20, 2017, counsel for both parties shall jointly select a guardian ad litem and submit notice to the Court accordingly. If counsel cannot agree on a guardian ad litem, on or before January 20, 2017, each counsel shall submit the names of three (3) proposed guardian ad litems, and the Court will appoint one guardian ad litem from the list. IT IS FURTHER ORDERED that the costs and expenses of said guardian ad litem shall be allocated according to the terms of any settlement agreement reached. Signed by Magistrate Judge Kimberly C Priest Johnson on 1/11/2017. (baf, )
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| Filing 25 Agreed MOTION to Appoint Guardian ad Litem by Ford Motor Company. (Attachments: #1 Text of Proposed Order)(Wamsted, Ronald) (Attachment 1 replaced on 1/5/2017) (baf, ). |
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Filing 24
SCHEDULING ORDER: Final Pretrial Conference set for 12/15/2017 at 9:00 AM in Ctrm 208 (Sherman) before Judge Amos L. Mazzant III. Amended Pleadings due by 3/6/2017 for Plaintiff and by 3/20/2017 for Defendant. Discovery due by 5/15/2017. Expert Witness List due by 2/21/2017 for Plaintiff and by 3/20/2017 for Defendant. Joinder of Parties due by 10/19/2016. Proposed Jury instructions/Form of Verdict or Proposed Findings of Fact and Conclusions of Law due by 12/1/2017. Mediation Completion due by 5/15/2017. Designation of Mediator due by 4/3/2017. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 5/15/2017. Joint Final Pretrial Order due by 11/17/2017. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/5/2016. (baf, )
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Filing 23
AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/3/2016. (baf, )
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Filing 22
DISCOVERY ORDER. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/3/2016. (baf, )
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Filing 21
ORDER - It is therefore ORDERED that Defendants objections to Local Rule CV-26(d) are overruled and its motion to amend the discovery provision of the Courts Order Governing Proceedings (Dkt. #13 ) is DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/3/2016. (baf, )
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| Filing 20 Agreed MOTION Agreed Motion for Scheduling Order Agreed Motion for Scheduling Order by A.B., Mary Braudaway, Ronald Braudaway, C.B.. (Attachments: #1 Text of Proposed Order)(Matthews, Stewart) |
| NOTICE of Deficiency regarding the MOTION FOR SCHEDULING ORDER submitted DOCUMENT #19 - INCORRECT DOCKET EVENT USED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 19 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***Submission of Proposed Agreed Docket Control/Scheduling order by Mary Braudaway, Ronald Braudaway . (Attachments: #1 Text of Proposed Order)(Matthews, Stewart) Modified on 10/3/2016 (baf, ). |
| ***FILED IN ERROR - PROPOSED ORDER ONLY. Document # 18, SUBMISSION OF PROPOSED AGREED SCHEDULING ORDER. PLEASE IGNORE.*** (baf, ) |
| Filing 18 ***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY - PROPOSED ORDER ONLY***Submission of Proposed Agreed Docket Control/Scheduling order by Mary Braudaway, Ronald Braudaway . (Matthews, Stewart) Modified on 9/28/2016 (baf, ). |
| Filing 17 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Scheduling Conference held on 9/15/2016, Motion Hearing held on 9/15/2016 re #13 Opposed MOTION for Discovery Ford Motor Company's Opposed Objections to Eastern District Local Rule CV-26(d) and Motion to Amend Discovery Provision of the Court's Order Governing Proceedings filed by Ford Motor Company. (Court Reporter Digital Recording - Plano 108.) (ttm, ) |
| Filing 16 RESPONSE in Opposition re #13 Opposed MOTION for Discovery Ford Motor Company's Opposed Objections to Eastern District Local Rule CV-26(d) and Motion to Amend Discovery Provision of the Court's Order Governing Proceedings Response to Ford's Objection to Local Rule 26(d) filed by A.B., Mary Braudaway, Ronald Braudaway, C.B.. (Matthews, Stewart) |
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Filing 15
REFERRAL ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Kimberly C Priest Johnson for all further proceedings. Magistrate Judge Don D. Bush no longer assigned to case. Signed by Judge Amos L. Mazzant, III on 9/7/2016. (baf, )
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| NOTICE of Hearing on Motion #13 Opposed MOTION for Discovery Ford Motor Company's Opposed Objections to Eastern District Local Rule CV-26(d) and Motion to Amend Discovery Provision of the Court's Order Governing Proceedings : Motion Hearing set for Thurday, 9/15/2016 03:00 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. (ttm, ) |
| NOTICE of Hearing: Scheduling Conference set for Thursday, 9/15/2016 02:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. (ttm, ) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order Agreed Protective Order, #2 Text of Proposed Order Proposed Scheduling Order)(Mennucci, William) |
| NOTICE RESETTING Hearing: Scheduling Conference is RESET to Thursdy, 9/15/2016 02:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly P Johnson. (ttm, ) |
| Filing 13 Opposed MOTION for Discovery Ford Motor Company's Opposed Objections to Eastern District Local Rule CV-26(d) and Motion to Amend Discovery Provision of the Court's Order Governing Proceedings by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mennucci, William) |
| Filing 12 NOTICE of Discovery Disclosure by Ford Motor Company Rule 26 Initial Disclosures (Mennucci, William) |
| Filing 11 NOTICE of Discovery Disclosure by Mary Braudaway (Matthews, Stewart) |
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Filing 10
ORDER EXTENDING DEADLINES IN ORDER GOVERNING PROCEEDINGS - The Courts July 13, 2016 Order Governing Proceedings provided the parties with an April 21, 2017 pretrial conference date and a May 2017 trial window (see Dkt. 8). In light of the District Judges current pretrial docket and the filing date of this case, the Court hereby extends those deadlines. The final pretrial conference date to be used in the parties proposed scheduling order shall be August 25, 2017 and the proposed trial window shall be September 11, 2017 through September 28, 2017. The deadline for the parties to confer and submit their report and proposed scheduling order incorporating these extended pretrial and trial dates is extended until August 31, 2016. The Rule 16 management conference date remains the same. Signed by Magistrate Judge Don D. Bush on 8/9/2016. (baf, )
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| Filing 9 NOTICE of Attorney Appearance by Israel Flores, Jr on behalf of Ford Motor Company (Flores, Israel) |
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Filing 8
ORDER GOVERNING PROCEEDINGS - Rule 16 Management Conference set for 9/13/2016 at 2:00 PM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush. Rule 26 Meeting Joint Report due by 8/16/2016. Signed by Magistrate Judge Don D. Bush on 7/12/2016. (baf, )
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| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Ford Motor Company (Wamsted, Ronald) |
| Filing 6 Ford Motor Company's Original ANSWER to #5 Amended Complaint , Statement of Affirmative Defenses, and Reliance on Jury Demand by Ford Motor Company.(Wamsted, Ronald) |
| 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. (baf, ) |
| Filing 5 AMENDED COMPLAINT First Amended against All Defendants, filed by Ronald Braudaway, C.B., Mary Braudaway, A.B..(Matthews, Stewart) |
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Filing 4
ORDER - Plaintiffs have recently filed this suit in the Sherman Division of the Eastern District of Texas. According to the complaint, this suit involves an automobile accident on eastbound IH 10. No further details as to the location of the accident or venue are provided, and the complaint is silent as to why venue is proper in this District and division. On or before July 1, 2016, Plaintiffs are directed to file an amended complaint setting forththe specific facts and statutory provisions supporting proper venue in this District and division. Signed by Magistrate Judge Don D. Bush on 6/16/2016. (baf, )
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Filing 3
ORDER OF RECUSAL - The undersigned judge hereby recuses herself in the above entitled and numbered cause. Magistrate Judge Christine A. Nowak recused. Signed by Magistrate Judge Christine A. Nowak on 6/15/2016. (baf, )
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| Case REASSIGNED to Magistrate Judge Don D. Bush. (baf, ) |
| Filing 2 SUMMONS Issued as to Ford Motor Company. (baf, ) |
| Filing 1 COMPLAINT against Ford Motor Company ( Filing fee $ 400 receipt number 0540-5783030.), filed by Ronald Braudaway, Mary Braudaway. (Attachments: #1 Civil Cover Sheet)(Tracy, E) |
| 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. (baf, ) |
| Case ASSIGNED to Judge Amos L. Mazzant, III and REFERRED to Magistrate Judge Christine A. Nowak. (baf, ) |
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