Clower v. Ferno Group Inc et al
| Charles Todd Clower |
| Ferno-Washington, Inc., Ferno Group, Inc., Ferno-Washington Inc doing business as Ferno and Ferno Group Inc |
| 3:2021cv00693 |
| March 24, 2021 |
| US District Court for the Northern District of Texas |
| Barbara M G Lynn |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 39
AGREED PROTECTIVE ORDER (Ordered by Chief Judge Barbara M. G. Lynn on 1/25/2022) (ykp)
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| Filing 38 AMENDED COMPLAINT WITH JURY DEMAND Plaintiff's Second Amended Complaint against Ferno-Washington Inc filed by Charles Todd Clower. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Redlined First Amended Complaint) (Miller, Brett) |
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Filing 37
ORDER: Before the Court is Plaintiff's Motion for Leave to File Second Amended Complaint. ECF No. #28 . Defendant objects to leave on the grounds that Plaintiff's proposed amendments are futile. ECF No. #34 . The Motion is GRANTED. The Court will assess at trial whether Plaintiff has put forth the necessary factual prerequisite for gross negligence and exemplary damages to be submitted to the jury. The hearing set on 1/25/2022, is hereby CANCELLED. (The plaintiff must file the second amended complaint with the clerk.) (Ordered by Chief Judge Barbara M. G. Lynn on 1/24/2022) (ctf)
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| Filing 36 REPLY filed by Charles Todd Clower re: #28 Emergency MOTION for Leave to File Second Amended Complaint (Miller, Brett) |
| Filing 35 Agreed MOTION for Protective Order filed by Ferno Group Inc, Ferno-Washington Inc (Attachments: #1 Proposed Order) (Rutherford, Bryan) |
| Filing 34 RESPONSE filed by Ferno Group Inc, Ferno-Washington Inc re: #28 Emergency MOTION for Leave to File Second Amended Complaint (Rutherford, Bryan) |
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Filing 33
***HEARING CANCELLED PER ORDER (DOC. #37 )*** ORDER denying as moot #19 Motion for Partial Summary Judgment. The hearing on Plaintiff's Motion for Leave to File Second Amended Complaint shall proceed as previously scheduled on 1/25/2022, at 2:00 p.m. via zoom. ECF No. #29 . The Court reserves the right to cancel the hearing if it determines that the briefing on Plaintiffs Motion for Leave make a hearing unnecessary. (Ordered by Chief Judge Barbara M. G. Lynn on 1/21/2022) (ykp) Modified on 1/24/2022 (ctf).
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| Filing 32 NOTICE of Joint Notice Regarding Defendants' Motion for Partial Summary Judgment re: #19 MOTION for Partial Summary Judgment filed by Charles Todd Clower (Miller, Brett) |
| Filing 31 Joint STIPULATION OF DISMISSAL as to Defendant Ferno Group, Inc. by Charles Todd Clower. (Miller, Brett) |
| Filing 30 Joint STIPULATION as to Plaintiff's Medical Expenses by Charles Todd Clower. (Miller, Brett) |
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Filing 29
ORDER: re: #28 Emergency MOTION for Leave to File Second Amended Complaint. Responses due by 1/21/2022. Replies due by 1/24/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 1/13/2022) (ndt)
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| Filing 28 Emergency MOTION for Leave to File Second Amended Complaint filed by Charles Todd Clower (Attachments: #1 Exhibit(s) Plaintiff's Second Amended Complaint (Redline), #2 Proposed Order Proposed Order) (Miller, Brett) |
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Filing 27
ORDER: Before the Court is the Motion for Partial Summary Judgment, filed b y Defendants Ferno Group, Inc. and Ferno-Washington, Inc. A Zoom hearing on the Motion is SET for 1/25/2022 at 2:00 p.m. CST. The Zoom link for the hearing will be emailed to counsel when it becomes available. (Ordered by Chief Judge Barbara M. G. Lynn on 1/7/2022) (ndt)
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| Filing 26 REPLY filed by Ferno Group Inc, Ferno-Washington Inc re: #19 MOTION for Partial Summary Judgment (Rutherford, Bryan) |
| Filing 25 Designation of Experts by Charles Todd Clower. (Miller, Brett) |
| Filing 24 Appendix in Support filed by Charles Todd Clower re #23 Brief/Memorandum in Support of Motion, #22 Response/Objection to Defendant's Motion for Partial Summary Judgment (Miller, Brett) |
| Filing 23 Brief/Memorandum in Support filed by Charles Todd Clower re #22 Response/Objection to Defendant's Motion for Partial Summary Judgment (Miller, Brett) |
| Filing 22 RESPONSE filed by Charles Todd Clower re: #19 MOTION for Partial Summary Judgment (Miller, Brett) |
| Filing 21 ADDITIONAL ATTACHMENTS to #20 Brief/Memorandum in Support of Motion by Defendants Ferno Group Inc, Ferno-Washington Inc. (Madden, Patrick) |
| Filing 20 Brief/Memorandum in Support filed by Ferno Group Inc, Ferno-Washington Inc re #19 MOTION for Partial Summary Judgment (Madden, Patrick) |
| Filing 19 MOTION for Partial Summary Judgment filed by Ferno Group Inc, Ferno-Washington Inc (Attachments: #1 Proposed Order) (Madden, Patrick) |
| Filing 18 Second AMENDED ANSWER to #15 Amended Complaint, with Jury Demand filed by Ferno-Washington Inc (Madden, Patrick) Modified docket text on 11/30/2021 (oyh). |
| Filing 17 Second AMENDED ANSWER to #15 Amended Complaint, with Jury Demand filed by Ferno Group Inc (Madden, Patrick) Modified docket text on 11/30/2021 (oyh). |
| Filing 16 Joint STIPULATION to Extend Interim Deadlines by Charles Todd Clower. (Miller, Brett) |
| Filing 15 AMENDED COMPLAINT WITH JURY DEMAND Plaintiff's First Amended Complaint against Ferno Group Inc, Ferno-Washington Inc filed by Charles Todd Clower. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Redlined Original Complaint) (Miller, Brett) |
| Filing 14 Joint STIPULATION to Extend Interim Deadlines by Charles Todd Clower. (Miller, Brett) |
| Filing 13 Joint STATUS REPORT filed by Ferno Group Inc, Ferno-Washington Inc. (Madden, Patrick) |
| Filing 12 NOTICE of Executed Subpoena Directed to CareFlite filed by Charles Todd Clower (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B) (Miller, Brett) |
| Filing 11 NOTICE of Serving Initial Disclosures filed by Ferno Group Inc, Ferno-Washington Inc (Madden, Patrick) |
| Filing 10 NOTICE of Serving Plaintiff's Initial Disclosures filed by Charles Todd Clower (Miller, Brett) |
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Filing 9
SCHEDULING ORDER: Jury Trial set for three-week docket beginning 3/28/2022 09:00 AM before Chief Judge Barbara M. G. Lynn. Joinder of Parties due by 8/16/2021. Amended Pleadings due by 9/20/2021. Motions due by 12/6/2021. Fact and Expert Discovery due by 12/13/2021. Settlement Status Report due by 9/20/2021. Pretrial Order due by 3/7/2022. Pretrial Materials due by 3/7/2022. Pretrial Conference set for 3/25/2022 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 4/20/2021) (oyh) Modified text on 4/21/2021 (jmg).
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| Filing 8 Joint STATUS REPORT filed by Ferno Group Inc, Ferno-Washington Inc. (Madden, Patrick) |
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Filing 7
ORDER: Before the Court is Plaintiff's Unopposed Motion for Leave to Proceed Without Local Counsel (ECF No. #6 ). The Motion is GRANTED. Plaintiff may proceed in this case without local counsel. (Ordered by Chief Judge Barbara M. G. Lynn on 4/12/2021) (ctf)
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| Filing 6 Plaintiff's Unopposed MOTION for Leave to Proceed Without Local Counsel filed by Charles Todd Clower (Attachments: #1 Proposed Order Proposed Order) (Miller, Brett) Modified docket text on 4/13/2021 (oyh). |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charles Todd Clower. (Miller, Brett) |
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Filing 4
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before 4/16/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 3/26/2021) (ctf)
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| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (hml) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ferno Group Inc, Ferno-Washington, Inc identifying Corporate Parent/Other Affiliate Ferno Group Inc for Ferno-Washington Inc. (Madden, Patrick) Modified text on 3/25/2021 (hml). |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Ferno-Washington, Inc., Ferno Group, Inc.. (Filing fee $402; receipt number 0539-11729098) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Index of State Court Pleadings, #4 Exhibit(s) B - State Court Docket, #5 Exhibit(s) C-1 - Cover Letter, #6 Exhibit(s) C-2 - Plaintiff's Original Petition, #7 Exhibit(s) C-3 - Demand for Jury, #8 Exhibit(s) C-4 - Citation to Ferno Washington, #9 Exhibit(s) C-5 - Citation to Ferno Group, #10 Exhibit(s) C-6 - Def Ferno-Washinton Answer, #11 Exhibit(s) C-7 - Def Def Ferno Group Answer, #12 Exhibit(s) C-8 - Def Ferno Group Amended Answer, #13 Exhibit(s) C-9 - Def Ferno-Washington Amended Answer, #14 Exhibit(s) D - Corporate Disclosure Statement, #15 Exhibit(s) E - Notice of Removal for State Court, #16 Exhibit(s) F - Affidavit of Removal) (Madden, Patrick) |
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