Harbuck v. Ford Motor Company et al
| Elizabeth Ann Harbuck, Harroll Harbuck, Jr. and Emery Harbuck |
| Ford Motor Company and RLB Sales and Leasing, LLC |
| Mark Haney and William Kelly Puls, Sr |
| Guardian Ad Litem |
| 4:2018cv00576 |
| July 13, 2018 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| Tarrant |
| John McBryde |
| Torts/Pers Inj: Motor Vehicle Product Liability |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2019. A more recent docket listing may be available from PACER.
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Filing 41
Acknowledgment of receipt of Plaintiff Exhibits A & B by Mark Haney, exhibits received on 11/5/19. (tle)
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Filing 40
(Document Restricted) Notice of Filing of SEALED Electronic Transcript of Settlement Prove-Up Proceedings held on 12/4/18 before Judge John McBryde. Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. (44 pages) (dgs)
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Filing 39
(Document Restricted) Sealed Notice of Filing Certain Documents filed by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr, William Kelly Puls, Sr (npk)
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Filing 38
(Document Restricted) Sealed Notice of Receipt and Delivery of Certain Documents filed by Mark Haney (npk)
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Filing 37
(Document Restricted) Transcript Order Form: transcript requested by Emery Harbuck , Settlement Hearing held on 12/4/18 (Court Reporter: Debbie Saenz.) Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. Reminder to appellant: this document must also be filed with the appeals court. [Copy provided to Court Reporter]. (tle)
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Filing 36
Transcript Order Form: transcript requested by Emery Harbuck (Court Reporter: Debbie Saenz.) Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. Reminder to appellant: this document must also be filed with the appeals court.. (Ammons, Robert)
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Filing 35
(Document Restricted) Sealed Order. The court has determined that the proceedings in this action should be maintained under seal except for the notice of removal filed July 13, 2018 (docketed as item 2) and the court's final judgment as to certain defendant signed September 13, 2018 (docketed as item 20). (Ordered by Senior Judge John McBryde on 12/6/2018) (npk)
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Filing 34
FINAL JUDGMENT. Release and Settlement Agreement be and is hereby approved. The total settlement proceeds $1,500,000.00 shall be allocated and paid by defendant to the following identified persons and entities.... Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Senior Judge John McBryde on 12/4/2018) (npk) [copy mailed to 3 entities listed in judgment]
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Filing 33
(Document Restricted) Sealed Court's Exhibit List from Settlement prove-up held 12/4/18. (npk)
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Filing 32
Minute Entry for proceedings held before Senior Judge John McBryde: Settlement Prove-up held on 12/4/2018. Settlement approved. Judgment as revised to be signed today. Attorney Appearances: Plaintiff - Mark Haney; Defense - William Mennucci. (Court Reporter: Debbie Saenz) (Exhibits admitted) Time in Court - :51. (npk) Modified on 12/4/2018 (npk).
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Filing 31
ORDER: the court continues to have certain concerns that could adversely affect the settlement as it affects the minor plaintiffs if the document continues to be worded as it is now worded.... Presumably, wording can be added that will resolve the court's concerns mentioned above. (See order for specifics) (Ordered by Senior Judge John McBryde on 12/3/2018) (npk)
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Filing 30
(Document Restricted) Revised Confidential Compromise Settlement Agreement, Release and Indemnity Agreement Filed Pursuant to Judge McBryde's November 20, 2018 Order (Document 29) filed by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr (npk)
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Filing 29
ORDER: The court has concluded that a hearing should be conducted where the court can consider approval of the settlement the parties have reached in the above-captioned action. Therefore, The court ORDERS that such hearing shall commence at 10:30 a.m. on December 4, 2018. (Ordered by Senior Judge John McBryde on 11/20/2018) (bdb)
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Filing 28
(Document Restricted) Sealed Appendix in Support of Plaintiffs' Request to Approve the Settlement and Final Judgment filed by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr (npk)
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Filing 27
(Document Restricted) Sealed Final Report of Adam P. Simmons, Guardian Ad Litem for Minor Plaintiffs filed by Guardian Ad Litem (npk)
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Filing 26
UPDATED STATUS REPORT filed by Ford Motor Company, Guardian Ad Litem, Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr. (npk)
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Filing 25
ORDER: The court ORDERS that by November 16, 2018, the parties file a further status report to be signed by counsel for the parties and the guardian ad litem detailing the things that need to be accomplished for this action to be concluded and their expectations as to when this action will be fully and finally concluded and having attached to it the form of agreed judgment the parties propose to present to the court for approval. (Ordered by Senior Judge John McBryde on 10/18/2018) (bdb)
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Filing 24
STATUS REPORT filed by Ford Motor Company, Guardian Ad Litem, Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr. (npk)
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Filing 23
(Document Restricted) Sealed Notice of Minors' Identity filed by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr (npk)
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Filing 22
ORDER granting #21 Motion to Appoint Guardian ad Litem. Appointed Adam Patrick Simmons as Guardian Ad Litem. By October 17, 2018, the attorneys for the parties and the guardian ad litem shall prepare and file a written report.... By September 21, 2018, plaintiffs shall file a document under seal giving the names of the minor children. (See order for specifics) (Ordered by Judge John McBryde on 9/17/2018) (npk)
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Filing 21
MOTION to Appoint Guardian ad Litem filed by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr (npk)
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Filing 20
FINAL JUDGMENT AS TO CERTAIN DEFENDANT. Consistent with the court's memorandum opinion and order signed this date, The court ORDERS, ADJUDGES, and DECREES that the claims of plaintiffs, Emery Harbuck, individually, and as representative of the Estate of Joshua Harbuck, Deceased, HHl and HH2, minors, through Emery Harbuck as next friend, Harroll Harbuck, Jr., and Elizabeth Ann Harbuck, against defendant RLB Sales and Leasing, LLC, be, and are hereby, dismissed without prejudice. (Ordered by Judge John McBryde on 9/13/2018) (npk)
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Filing 19
MEMORANDUM OPINION AND ORDER denying #11 Motion to Remand, filed by Harroll Harbuck, Jr., Emery Harbuck, Elizabeth Ann Harbuck. Plaintiff's claims against RLB be, and are hereby, dismissed without prejudice. The court...hereby directs, entry of final judgment as to the dismissal of plaintiffs' claims against RLB. The caption of this action shall be amended to reflect that Ford is the sole defendant. (Ordered by Judge John McBryde on 9/13/2018) (npk)
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Filing 18
Minute Entry for proceedings held before Judge John McBryde: Telephone Conference held on 9/13/2018. Attorney Appearances: Plaintiff - John Gsanger; Defense - William Mennucci, Julie Albright, Robert Haslam. (Court Reporter: Ana Warren) (No exhibits) Time in Court - :21. (bdb)
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| Filing 17 REPLY filed by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr re: #11 MOTION to Remand (npk) |
| Filing 16 Appendix in Support filed by Ford Motor Company re #14 Response (Attachments: #1 pp. 51-100, #2 pp. 101-150, #3 pp. 151-159) (npk) |
| Filing 15 Brief/Memorandum in Support filed by Ford Motor Company re #14 Response/Objection (npk) |
| Filing 14 RESPONSE filed by Ford Motor Company re: #11 MOTION to Remand (npk) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by RLB Sales and Leasing, LLC. (Gallagher, J) |
| Filing 12 Brief/Memorandum in Support filed by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr re #11 MOTION to Remand (npk) |
| Filing 11 Opposed MOTION to Remand filed by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr. Attorney Justin Burrow added to party Elizabeth Ann Harbuck(pty:pla), Attorney Justin Burrow added to party Emery Harbuck(pty:pla), Attorney Justin Burrow added to party Harroll Harbuck, Jr(pty:pla) (npk) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Elizabeth Ann Harbuck, Emery Harbuck, Harroll Harbuck, Jr. (bdb) |
| Filing 9 Judge McBryde's paper original and copy pursuant to the Standing Order of document #2 filed by Ford Motor Company. (copy of document #6 included) (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s)) (mpw) |
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Filing 8
ORDER Unfiling #5 Judge's paper original and copies filed by Ford Motor Company due to the following deficiency: Both the original and judge's copy bear an electronic signature, in violation of the court's standing order and the undersigned's judge-specific requirements. The notice of removal does not have attached to it a separately signed certificate of interested persons, and the attached exhibits do not bear index tabs or consecutive page numbers. And, because the notice of removal and its attachments exceed fifty pages in length, the document should be spiral-bound on the side. (Ordered by Judge John McBryde on 7/18/2018) (bdb)
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| Filing 7 CERTIFICATE OF NOTICE OF REMOVAL by Ford Motor Company. (tln) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ford Motor Company. (tln) |
| Filing 5 ***UNFILED AND STRICKEN PER #8 ORDER*** Judge McBryde's paper original and copies pursuant to the standing order of #2 Notice of Removal, filed by Ford Motor Company. (tln) Modified on 7/19/2018 (bdb). |
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Filing 4
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 7/13/2018) (npk)
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| Filing 3 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (npk) |
| Filing 2 NOTICE OF REMOVAL WITH JURY DEMAND from 236th District Court, Tarrant County, case number 236-291736-17 filed by Ford Motor Company. (Filer fee note- Clerk to add prior fee payment info here.) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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 Appendix to Notice of Removal, #2 Exhibit(s), #3 Cover Sheet, #4 Cover Sheet Supplement) (Mennucci, William) |
| Filing 1 ***DISREGARD PER ATTORNEY - FILING WITH CORRECT PDF*** NOTICE OF REMOVAL WITH JURY DEMAND from 236th District Court of Tarrant County, case number 236-191736-17 filed by Ford Motor Company. (Filing fee $400; receipt number 0539-9314177) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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 Appendix to Notice of Removal, #2 Exhibit(s), #3 Cover Sheet, #4 Cover Sheet Supplement) (Mennucci, William) Modified on 7/13/2018 (bdb). |
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