Luna, et al v. Melter, S.A. de C.V., et al
Plaintiff: Ann Marie Luna, Manuel R. Hernandez, Teresa Martinez and Richard Luna, Jr.
Intervenor Plaintiff: Pacific Employers Insurance Company, Patrick Lucas and Crystal Lynn Lucas
Intervenor Defendant: Melter, S.A. de C.V. and Fuchs Systems, Inc.
Case Number: 5:2003cv00443
Filed: May 29, 2003
Court: US District Court for the Western District of Texas
Presiding Judge: Fred Biery
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 5, 2006. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2006 Opinion or Order Filing 210 JUDGMENT - ORDERED that the settlement agreement and release and the qualified assignment and release agreement is in all respects approved, inclusive of the periodic payments made payable to R.J.L. It is further ORDERED that the above-captioned and numbered action be dismissed as to Defendant, Melter, S.A., De C.V., with prejudice to plaintiff's right to refile same. All costs of Court are to be borne by the party incurring same. Signed by Judge Fred Biery. (rg, )
June 5, 2006 Opinion or Order Filing 209 AGREED JUDGMENT - ORDERED by the Court that the said offer of settlement be, and the same is hereby approved, and that Plaintiff's recover of and from the Defendant, Fuchs Systems, Inc., the sum of $4,000,000.00. Signed by Judge Fred Biery. (rg, )
June 5, 2006 Opinion or Order Filing 208 AGREED JUDGMENT - ORDERED by the Court that the said offer of settlement be, and the same is hereby approved, and that Intervenors, Patrick Scott Lucas, Crystal Lynn Lucas and Pacific Employers Insurance Company recover of and from the Defendant, Fuchs Systems, Inc. the sum of $2,800,000.00. Signed by Judge Fred Biery. (rg, )
May 11, 2006 Remark: Received from Patricia A. Orozco, $192.00 Reimbursement for Court Intreperter (Per Court Order), Receipt #201118 (ep, )
April 5, 2006 Opinion or Order Filing 207 Order granting in part motion for reconsideration and modification of the Court's March 10, 2006 order approving settlement [201-1] signed by Fred Biery (rg)
March 31, 2006 Opinion or Order Filing 206 Order granting Fuchs' motion to extend time to pay ad litem's fee [204-1] Fuchs Systems, Inc. shall have 30 days from the date the Court rules on Fuchs' motion for reconsideration and modification to pay the ad litem fees assessed by the Court. signed by Honorable Fred Biery (rg)
March 27, 2006 Filing 205 Reply by Fuchs Systems, Inc. to plaintiff's response to Fuchs motion for reconsideration and modification of the Court's March 10, 2006 order approving settlement [201-1] (rg)
March 23, 2006 Filing 204 Unopposed Motion by Fuchs Systems, Inc. to extend time to pay ad litem's fee (rg)
March 22, 2006 Filing 203 Response by Ann Marie Luna to defendant Fuchs Systems, Inc.'s motion for reconsideration and modification of the Court's March 10, 2006 order approving settlement [201-1] (rg)
March 16, 2006 Opinion or Order Filing 202 Order granting motion to extend time to submit settlement/dismissal documents on or before 4/24/06 [198-1] signed by Honorable Fred Biery (rg)
March 15, 2006 Filing 201 Motion by Fuchs Systems, Inc. for reconsideration and modification of the Court's March 10, 2006 order approving settlement (rg1)
March 10, 2006 Opinion or Order Filing 200 ORDER Approving Settlement. signed by Honorable Fred Biery (rg)
March 9, 2006 Filing 199 Notice of filing supplemental report and recommendation of the attorney ad litem Ernest G. Valdez (rg)
March 9, 2006 Filing 198 Unopposed Motion by Fuchs Systems, Inc. to extend time to submit settlement/dismissal documents (rg)
February 24, 2006 Filing 197 Recovery of Court Costs: Ms. Orozco is ORDERED to pay the prevailing rate for a certified court interpreter at the rate of $192.00 for one-half day(s) interpreting service signed by Honorable Fred Biery (tm)
February 22, 2006 Filing 196 Minutes of proceedings for Settlement conference conducted on 2/22/06 by Judge Biery. Court Reporter: Poage (tm)
February 22, 2006 Oral order by Honorable Fred Biery denying motion for (Patricia A. Orozco) to appear pro hac vice [195-1] (tm)
February 22, 2006 Settlement conference held. Ad Litem fee approved. Patricia Orozco's motion for pro hac vice DENIED. (tm)
February 21, 2006 Filing 195 Motion by Teresa F. Martinez and Richard Luna Jr. for (Patricia A. Orozco) to appear pro hac vice (rg)
February 15, 2006 Opinion or Order Filing 194 ORDERED that the above-entitled and numbered cause be RETURNED to the District Court for all purposes. signed by Honorable John W. Primomo (rg)
February 15, 2006 CASE NO LONGER REFERRED TO Honorable John W. Primomo (rg)
February 15, 2006 Opinion or Order Filing 192 ORDER Setting Settlement Hearing for Wednesday, 2/22/06 @ 10:00 a.m. All plaintiffs and their counsel are required to attend the hearing. Defendants, intervenors, and their counsel may attend the hearing but their attendance is not mandatory. It is further ORDERED that the Clerk shall forward a copy of this order to all attorneys of record as well as Patricia Orozco at 214 Dwyer Ave., Suite 303, San Antonio, Texas 78204. signed by Honorable Fred Biery (rg)
February 15, 2006 Settlement conference set on 10:00 2/22/06 (rg)
February 14, 2006 Filing 193 Notice by Ernest G. Valdez of: Report from the attorney ad litem (rg)
February 10, 2006 Opinion or Order Filing 191 ORDERED: that the parties shall submit their settlement papers or stipulation of dismissal on or before 3/10/06; All pretrial deadlines are hereby STAYED; All motions pending are DENIED. Order denying motion for partial summary judgment relating to plaintiffs' and intervenors' panel design allegations [131-1], denying motion to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann [107-1] signed by Honorable Fred Biery (rg)
February 3, 2006 Opinion or Order Filing 190 Order granting motion for leave to designate Structural Metals, Inc. as a responsible third party relating to claims filed by intervenors Patrick Scott Lucas, Crystal Lynn Lucas, and Pacific Employers Insurance Company [174-1] signed by Honorable John W. Primomo (rg)
February 1, 2006 Filing 189 Reply by Fuchs Systems, Inc. to plaintiff's and intervenor's response to motion for partial summary judgment relating to plaintiffs' and intervenors' panel design allegations [131-1] (rg)
February 1, 2006 Opinion or Order Filing 187 Order granting motion for leave to file defendant's revised first supplemental designation of potential witnesses, testifying experts and proposed exhibits [184-1] signed by Honorable John Primomo (rg)
January 31, 2006 Filing 188 Reply by Fuchs Systems, Inc. to intervenor's response to motion for leave to designate Structural Metals, Inc. as a responsible third party relating to claims filed by intervenors Patrick Scott Lucas, Crystal Lynn Lucas, and Pacific Employers Insurance Company [174-1] (rg)
January 31, 2006 Opinion or Order Filing 185 Order granting motion for an extension in page limit under Local Rule 7(e) for defendant's reply to Intervenors' response to Fuchs' third party relating to claims filed by Intervenors Patrick Scott Lucas, Crystal Lynn Lucas and Pacific Emoloyers Insrance Company [182-1] signed by Honorable John W. Primomo (rg)
January 27, 2006 Filing 184 Unopposed Motion by Fuchs Systems, Inc. for leave to file defendant's revised first supplemental designation of potential witnesses, testifying experts and proposed exhibits (rg)
January 27, 2006 Received Fuchs revised first supplemental ... (rg)
January 24, 2006 Opinion or Order Filing 183 Order granting motion for appointment of guardian ad litem. [180-1] It is ORDERED that Ernest G. Valdez is appointed guardian ad litem. signed by Honorable John W. Primomo (rg)
January 20, 2006 Filing 182 Unopposed motion by Fuchs Systems, Inc. for an extension in page limit under Local Rule 7(e) for defendant's reply to Intervenors' response to Fuchs' third party relating to claims filed by Intervenors Patrick Scott Lucas, Crystal Lynn Lucas and Pacific Emoloyers Insrance Company (Reply received) (tm)
January 18, 2006 Opinion or Order Filing 181 Order GRANTING motion to withdraw motion to exclude certain testimony of expert Richard J. Fruehan [179-1]. Motion to exclude certain testimony of expert Richard J. Fruehan [143-1] is WITHDRAWN signed by Honorable John W. Primomo (tm)
January 13, 2006 Filing 180 Agreed motion by Ann Marie Luna for appointment of guardian ad litem. (tm)
January 12, 2006 Filing 179 Motion by Ann Marie Luna, Manuel R. Hernandez to withdraw motion to exclude certain testimony of expert Richard J. Fruehan (rg)
January 10, 2006 Filing 178 Response by Patrick Scott Lucas, Crystal Lynn Lucas to Fuchs Systems, Inc.'s motion for leave to designate Structural Metals, Inc. as a responsible third party relating to claims filed by intervenors Patrick Scott Lucas, Crystal Lynn Lucas, and Pacific Employers Insurance Company [174-1] (rg)
January 3, 2006 Opinion or Order Filing 177 Order granting motion to strike defendant Fuchs Systems, Inc.'s first supplemental designation of potential witnesses, testifying experts and proposed exhibits [169-1] signed by Honorable John W. Primomo (rg)
January 3, 2006 Opinion or Order Filing 176 Order granting motion to strike defendant Fuchs Systems, Inc's first supplemental designation of potential witnesses, testifying experts and proposed exhibits [170-1] signed by Honorable John W. Primomo (rg)
January 3, 2006 Opinion or Order Filing 175 Order granting motion to reschedule the 1/11/06 Daubert Hearing on plaintiff's expert Karl Bleimann and defendant's expert Dr. Richard Fruehan [173-1] Motion hearing motion to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann [107-1] reset for 9:00 2/15/06 signed by Honorable John W. Primomo (rg)
December 29, 2005 Filing 174 Motion by Fuchs Systems, Inc. for leave to designate Structural Metals, Inc. as a responsible third party relating to claims filed by intervenors Patrick Scott Lucas, Crystal Lynn Lucas, and Pacific Employers Insurance Company (rg)
December 29, 2005 Filing 173 Unopposed Motion by Fuchs Systems, Inc. to reschedule the 1/11/06 Daubert Hearing on plaintiff's expert Karl Bleimann and defendant's expert Dr. Richard Fruehan (rg)
December 22, 2005 Opinion or Order Filing 172 Order denying motion for oral hearing on plaintiffs' response to defendant Fuchs Systems, Inc's motion for partial summary judgment [171-1] signed by Honorable John W. Primomo (rg)
December 16, 2005 Filing 171 Motion by Ann Marie Luna, Manuel R. Hernandez for oral hearing on plaintiffs' response to defendant Fuchs Systems, Inc's motion for partial summary judgment (tm)
December 12, 2005 Filing 170 Motion by Patrick Scott Lucas, Crystal Lynn Lucas to strike defendant Fuchs Systems, Inc's first supplemental designation of potential witnesses, testifying experts and proposed exhibits (tm)
December 8, 2005 Filing 169 Motion by Ann Marie Luna to strike defendant Fuchs Systems, Inc.'s first supplemental designation of potential witnesses, testifying experts and proposed exhibits (rg)
December 7, 2005 Opinion or Order Filing 168 Order granting motion for leave to file first supplemental designation of potential witnesses, testifying experts and proposed exhibits [163-1] signed by Honorable John W. Primomo (rg)
December 7, 2005 Opinion or Order Filing 167 Order granting motion requesting oral hearing on plaintiffs' motion to exclude certain testimony of expert Richard J. Fruehan [162-1] signed by Honorable John W. Primomo (rg)
December 5, 2005 Mooted motions motion to issue an advisory as to the role and responsibilities as the Court-appointed guardian ad litem [161-1] pursuant to Court's Order dkt no. 164 (tm)
December 5, 2005 Filing 166 First supplemental combined Witness, Exhibit and Expert List by Fuchs Systems, Inc. (tm)
December 5, 2005 Opinion or Order Filing 165 Order GRANTING motion for an extension of page limit under local rule 7 for Defendant's Reply to Plaintiffs' and Intervenors' Response to Fuch System Inc.'s Motion for Summary Judgment [160-1] signed by Honorable John W. Primomo (tm)
December 5, 2005 Opinion or Order Filing 164 Order directing Guardian Ad Litem for Ryan Juston Luna to be present at the mediation scheduled for 12/15/05 signed by Honorable John W. Primomo (tm)
December 2, 2005 Filing 163 Unopposed motion by Fuchs Systems, Inc. for leave to file first supplemental designation of potential witnesses, testifying experts and proposed exhibits (Received first supplemental designation) (tm) Modified on 12/05/2005
December 1, 2005 Filing 162 Motion by Ann Marie Luna, Manuel R. Hernandez requesting oral hearing on plaintiffs' motion to exclude certain testimony of expert Richard J. Fruehan (tm)
November 30, 2005 Filing 161 Motion by Ernest G. Valdez to issue an advisory as to the role and responsibilities as the Court-appointed guardian ad litem (rg)
November 28, 2005 Filing 160 Unopposed motion by Fuchs Systems, Inc. for an extension of page limit under local rule 7 for Defendant's Reply to Plaintiffs' and Intervenors' Response to Fuch System Inc.'s Motion for Summary Judgment (original Reply received) (ga)
November 22, 2005 Filing 159 Appendix in support of response to plaintiff's motion to exclude certain testimony of expert Richard J. Fruehan [158-1] by Fuchs Systems, Inc. (rg)
November 22, 2005 Filing 158 Response by Fuchs Systems, Inc. to plaintiff's motion to exclude certain testimony of expert Richard J. Fruehan [143-1] (rg)
November 22, 2005 Opinion or Order Filing 157 Order granting motion for an extension of page-limit under Local Rule 7 for defendant's response to plaintiffs' motionto exclude certain testimony of defendant's expert Richard J. Fruehan (Response and appendix received) [152-1] signed by Honorable John W. Primomo (rg)
November 17, 2005 Filing 156 First supplemental Appendix to defendant Fuchs Systems, Inc's Daubert motion to strike the Testimony of Plaintiffs' ans Intervenors' expert Karl Bleimann filed by Fuchs [108-1] (tm)
November 17, 2005 Motion hearing set at 9:00 1/11/06 on [107-1] (tm)
November 17, 2005 Opinion or Order Filing 155 Order granting motion requesting oral hearing on defendant Fuch Systems, Inc.'s Daubert motion to strike the testimony of plaintiffs' and intervenors' expert Karl Bleimann [142-1.] Hearing will be held at 1/11/05 at 9:00 signed by Honorable John W. Primomo (tm)
November 17, 2005 Opinion or Order Filing 154 Order granting motion for leave to file first supplemental appendix to defendant Fuchs Systems, Inc.'s Daubert Motion to Strike the Testimony of Plaintiffs' and Intervenors' Expert Karl Bleimann [126-1] signed by Honorable John W. Primomo (tm)
November 16, 2005 Filing 153 Court Advisory regarding relationship to witness signed by Honorable Fred Biery (tm)
November 15, 2005 Filing 152 Unopposed motion by Fuchs Systems, Inc. for an extension of page-limit under Local Rule 7 for defendant's response to plaintiffs' motionto exclude certain testimony of defendant's expert Richard J. Fruehan (Response and appendix received) (tm)
November 15, 2005 Filing 151 Appendix for motion response [150-1] by Ann Marie Luna, Manuel R. Hernandez, Pacific Employers, Patrick Scott Lucas, Crystal Lynn Lucas (tm)
November 15, 2005 Filing 150 Response by Ann Marie Luna, Manuel R. Hernandez, Pacific Employers, Patrick Scott Lucas, Crystal Lynn Lucas to defendant Fuchs Systems, Inc.'s motion for partial summary judgment relating to plaintiffs' and intervenors' panel design allegations [131-1] (tm)
November 15, 2005 Opinion or Order Filing 149 Order referring case to U.S. Magistrate Judge Primomo for all remaining pretrial matters signed by Honorable Fred Biery (tm)
November 15, 2005 Filing 148 Thrid amended intervenor's complaint by Pacific Employers : amending intervenor complaint [147-1] (tm)
November 15, 2005 Filing 147 Second amended intervenor's complaint by Pacific Employers : amending intervenor complaint [88-1] ) (tm)
November 15, 2005 Opinion or Order Filing 146 Order GRANTING unopposed motions for leave to file amended petitions in intervention [144-1], [145-1] signed by Honorable Fred Biery (tm)
November 15, 2005 Case referred to Honorable John W. Primomo (tm)
November 10, 2005 Filing 145 Motion by Pacific Employers for leave to file third amended petition in intervention (Third amended petition received) (tm)
November 10, 2005 Filing 144 Motion by Pacific Employers for leave to file second amended petition in intervention regarding Partick Scott Lucas (Second amended petition received) (tm)
November 4, 2005 Motion referred : referred motion to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann [107-1] to Honorable John W. Primomo (pjr)
November 2, 2005 Filing 143 Motion by Ann Marie Luna to exclude certain testimony of expert Richard J. Fruehan (ga)
November 2, 2005 Filing 142 Motion by Fuchs Systems, Inc. requesting oral hearing on defendant Fuch Systems, Inc.'s Daubert motion to strike the testimony of plaintiffs' and intervenors' expert Karl Bleimann (ga)
November 2, 2005 Opinion or Order Filing 141 Order granting motion for leave to file first amended answer and cross-claim against defendant Melter, S.A. de C.V. [89-1], denying without prejudice motion to dismiss Fuchs Systems, Inc's cross-claim against defendant Melter, S.A. DE C.V. [94-1] signed by Honorable Fred Biery (ga)
November 1, 2005 Motion referred : referred motion to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann [107-1] to Honorable John W. Primomo (rg)
November 1, 2005 Filing 140 Answer by Fuchs Systems, Inc. to second amended intervenor complaint of Pacific Employers Insurance Company relating to Richard Luna, deceased. [88-1] (rg1)
November 1, 2005 Filing 139 Answer by Fuchs Systems, Inc. to amended intervenor complaint of Pacific Employers Insurance Company regarding Patrick Scott Lucas [87-1] (rg1)
November 1, 2005 Filing 138 Answer by Fuchs Systems, Inc. to intervenor complaint of Patrick Scott Lucas and Crystal Lynn Lucas [51-1] (rg1)
November 1, 2005 Filing 137 First Amended intervenor's complaint by Patrick Lucas and Crystal Lynn Lucas : amending intervenor complaint [51-1] ) (rg1)
November 1, 2005 Filing 136 Third Amended complaint by Ann Marie Luna, Manuel R. Hernandez amending complaint [1-1] (Pages: ) (rg1)
November 1, 2005 Opinion or Order Filing 135 Order granting plaintiffs' motion for leave to amend complaint [37-1] [111-1], granting motion for leave to file First Amended Patition in Intervention [113-1] signed by Honorable Fred Biery (rg1)
November 1, 2005 Opinion or Order Filing 134 Order granting plaintiffs' and Intervenors' motion for an extension of page-limit under local rule 7 [120-1], granting defendant Fuchs motion for an extension of page-limit under local rule 7 [124-1] referring motion to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann [107-1] to a randomly assigned US Magistrate Judge for resolution. signed by Honorable Fred Biery (rg1)
November 1, 2005 Filing 132 Appendix for motion for partial summary judgment relating to plaintiffs' and intervenors' panel design allegations [131-1] by Fuchs Systems, Inc. (rg1)
November 1, 2005 Filing 131 Motion by Fuchs Systems, Inc. for partial summary judgment relating to plaintiffs' and intervenors' panel design allegations (rg1)
November 1, 2005 Filing 130 Third supplemental combined Witness, Exhibit and Expert List by Ann Marie Luna, Manuel R. Hernandez (tm)
November 1, 2005 Opinion or Order Filing 129 Order DENYING Plaintiffs' motion for protective order from Defendant Fuchs System's Inc. Notice of the Oral/Videotaped of Aniseto Luna [105-1] signed by Honorable Fred Biery (tm)
November 1, 2005 Opinion or Order Filing 128 Order GRANTING motion for leave to file Plaintiff's third supplemental designation of potential witnesses, testifying expert witnesses and proposed exhibits to de-designate Sara A. Hornby Anderson [121-1], GRANTING motion to de-designate Sara A. Hornsby as testifying expert witness [122-1], GRANTING motion to de-designate Sara Hornby Anderson as a testifying expert witness [123-1]. It is further ORDERED that the motion to strike the testimony of plaintiffs' and intervenors' expert Sara Hornby Anderson relating to defects in the design of the furnace roof [114-1], and the motion challenging the qualifications of plaintiffs and intervenors' expert Sara Hornby Anderson [115-1] are DISMISSED AS MOOT signed by Honorable Fred Biery (tm)
November 1, 2005 Opinion or Order Filing 127 Order DENYING motion for appointment of guardian ad litem [104-1] in part as to the requested appointment of Ann Marie Luna. The motion is GRANTED in part such that Ernest G. Valdez is appointed guardian ad litem. signed by Honorable Fred Biery (tm)
October 28, 2005 Filing 126 Motion by Fuchs Systems, Inc. for leave to file first supplemental appendix to defendant Fuchs Systems, Inc.'s Daubert Motion to Strike the Testimony of Plaintiffs' and Intervenors' Expert Karl Bleimann (First Supplemental Appendix... attached) (rg1) Modified on 10/31/2005
October 28, 2005 Filing 125 Reply by Fuchs Systems, Inc. to response to motion to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann [107-1] (rg1)
October 28, 2005 Filing 124 Motion by Fuchs Systems, Inc. for an extension of page-limit under local rule 7 (rg1)
October 27, 2005 Filing 123 Intervenor's motion by Patrick Scott Lucas, Crystal Lynn Lucas to de-designate Sara Hornby Anderson as a testifying expert witness (ga)
October 26, 2005 Filing 122 Unopposed motion by Manuel R. Hernandez to de-designate Sara A. Hornsby as testifying expert witness (ga)
October 21, 2005 Filing 121 Agreed motion by Ann Marie Luna, Manuel R. Hernandez for leave to file Plaintiff's third supplemental designation of potential witnesses, testifying expert witnesses and proposed exhibits to de-designate Sara A. Hornby Anderson (original attached as exhibit 1...pulled and marked received) (ga)
October 14, 2005 Filing 120 Motion by Ann Marie Luna, Manuel R. Hernandez, Patrick Scott Lucas, Crystal Lynn Lucas for an extension of page-limit under local rule 7 (ga)
October 14, 2005 Filing 119 Appendix to Plaintiffs' and Intervenors' response to defendant Fuchs Systems, Inc.'s daubert motion to strike the t timony of expert Karl Bleimann [118-1] by Ann Marie Luna, Manuel R. Hernandez, Patrick Scott Lucas, Crystal Lynn (ga)
October 14, 2005 Filing 118 Plaintiffs' and Intervenors' Response by Ann Marie Luna, Manuel R. Hernandez, Patrick Scott Lucas, Crystal Lynn Lucas motion to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann [107-1] (ga)
October 11, 2005 Filing 117 Appendix for motion challenging the qualifications of plaintiffs and intervenors' expert Sara Hornby Anderson [115-1] by Fuchs Systems, Inc. (tm)
October 11, 2005 Filing 116 Appendix for motion to strike the testimony of plaintiffs' and intervenors' expert Sara Hornby Anderson relating to alleged defects in the design of the furnace roof [114-1] by Fuchs Systems, Inc. (tm)
October 11, 2005 Filing 115 Daubert motion by Fuchs Systems, Inc. challenging the qualifications of plaintiffs and intervenors' expert Sara Hornby Anderson (tm)
October 11, 2005 Filing 114 Daubert motion by Fuchs Systems, Inc. to strike the testimony of plaintiffs' and intervenors' expert Sara Hornby Anderson relating to alleged defects in the design of the furnace roof (ga)
October 11, 2005 Filing 113 Intervenors' motion by Patrick Scott Lucas, Crystal Lynn Lucas for leave to file First Amended Patition in Intervention (original First Amended Petition was submitted as exhibit "A" - pulled and marked "received") (ga)
October 3, 2005 Filing 112 Second supplemental Combined Witness, Exhibit and Expert List by Ann Marie Luna, Manuel R. Hernandez (tm)
October 3, 2005 Filing 111 Motion by Ann Marie Luna, Manuel R. Hernandez for leave to amend complaint [37-1] (Amended complaint received marked) (tm)
October 3, 2005 Filing 110 Combined Witness, Exhibit and Expert List by Ann Marie Luna, Manuel R. Hernandez (tm)
September 30, 2005 Filing 109 Combined Witness, Exhibit and Expert List by Patrick Scott Lucas, Crystal Lynn Lucas (tm)
September 30, 2005 Filing 108 Appendix for motion to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann [107-1] by Fuchs Systems, Inc. (ga)
September 30, 2005 Filing 107 Motion by Fuchs Systems, Inc. to strike the testimony of Plaintiffs' and Intervenors' expert Karl Bleimann (ga)
September 27, 2005 Filing 106 Response by Fuchs Systems, Inc. motion for protective order from Defendant Fuchs System's Inc. Notice of the Oral/Videotaped Deposition of Aniseto Luna [105-1] (tm)
September 21, 2005 Filing 105 Motion by Ann Marie Luna for protective order from Defendant Fuchs System's Inc. Notice of the Oral/Videotaped Deposition of Aniseto Luna (ga)
September 12, 2005 Filing 104 Motion by Melter, S.A. de C.V. for appointment of guardian ad litem. (tm)
September 6, 2005 Filing 103 Notice by Pacific Employers of: address change (tm)
July 8, 2005 Filing 102 First amended certificate of conference to the second verified motion of defendant Melter S.A. de C.V. for enlargement of time in which to file its designation of potential witnesses, testifying experts, and proposed exhibits, and to serve materials required by Fed.R.Civ.P.26(a)(2)(B) filed by Melter, S.A. de C.V. (tm)
June 30, 2005 Opinion or Order Filing 101 Order granting motion for enlargement of time in which to file its designation of potential witnesses, testifying experts, and proposed exhibits, and to sever materials required by Fed.R.Civ.P.26(a)(2)(B) by 8/31/05 [99-1] signed by Honorable Fred Biery (rg)
June 30, 2005 Opinion or Order Filing 100 Order granting motion to extend time for discovery deadlines [98-1] scheduling order deadlines amended: Deadline for filing dispositive motions by 11/1/05; Discovery deadline 9/30/05 signed by Honorable Fred Biery (rg)
June 28, 2005 Filing 99 Second verified motion by Melter, S.A. de C.V. for enlargement of time in which to file its designation of potential witnesses, testifying experts, and proposed exhibits, and to sever materials required by Fed.R.Civ.P.26(a)(2)(B) (tm)
June 28, 2005 Filing 98 Motion by Ann Marie Luna, Manuel R. Hernandez, Fuchs Systems, Inc., Pacific Employers, Patrick Scott Lucas, Crystal Lynn Lucas to extend time for discovery deadlines (ct)
June 10, 2005 Opinion or Order Filing 97 Order granting motion for protective order from plaintiffs' notice of the oral/ videotaped deposition, subpoena duces tecum of the corporate representative for Fuchs Systems, Inc. [Re: Knowledge of design and development of the subject of electric arc furnace] [84-1] signed by Honorable Fred Biery (tm)
June 7, 2005 Filing 96 Sur-Reply by Melter, S.A. de C.V. to defendants' reply to motion for leave to file first amended original answer and cross-claim against Melter, S.A. DE C.V. [95-1] (tm)
May 27, 2005 Filing 95 Reply by Fuchs Systems, Inc. to response in opposition to motion for leave to file first amended answer and cross-claim against defendant Melter, S.A. de C.V. [89-1], and response to motion to dismiss Fuchs Systems, Inc's cross-claim against defendant Melter, S.A. DE C.V. [94-1] (tm)
May 23, 2005 Filing 94 Motion by Melter, S.A. de C.V. to dismiss Fuchs Systems, Inc's cross-claim against defendant Melter, S.A. DE C.V. (tm)
May 23, 2005 Filing 93 Response by Melter, S.A. de C.V. in opposition to motion for leave to file first amended answer and cross-claim against defendant Melter, S.A. de C.V. [89-1] (tm)
May 16, 2005 Opinion or Order Filing 92 Order granting motion to extend time in which to file its designation of potential witnesses, testifying experts, and proposed exhibits, and to serve materials required by Fed.R.Civ.P.26(a)(2)(B) [91-1]. Defendant Melter has until 7/1/05 to file materials signed by Honorable Fred Biery (tm)
May 11, 2005 Filing 91 Unopposed motion by Melter, S.A. de C.V. to extend time in which to file its designation of potential witnesses, testifying experts, and proposed exhibits, and to serve materials required by Fed.R.Civ.P.26(a)(2)(B) (tm)
May 11, 2005 Filing 90 Combined Witness, Exhibit and Expert List by Fuchs Systems, Inc. (tm)
May 11, 2005 Filing 89 Motion by Fuchs Systems, Inc. for leave to file first amended answer and cross-claim against defendant Melter, S.A. de C.V. (First amended answer placed in file) and brief in support thereof (tm)
April 8, 2005 Filing 88 Seoncd amended intervenor's complaint by Pacific Employers : amending intervenor complaint [47-1] (Pages: 4) (tm)
April 8, 2005 Filing 87 Amended intervenor's complaint by Pacific Employers : regarding Patrick Scott Lucas [51-1] (Pages: 4) (tm)
April 8, 2005 Opinion or Order Filing 86 Order Conccerniing pending motions: dismissing motion to amend Scheduling order [17-1] [68-1] as moot, dismissing motion to modify scheduling order [17-1] [71-1] as moot, granting motion for leave to file second amended petition in intervention [82-1], granting motion for leave to file amended petition in intervention regarding Patrick Scott Lucas [83-1], granting motion for protective order from plaintiffs' first amended notice of the oral/videotaped deposition, subpoena duces tecum of the corporate represenative for Fuchs Systems, Inc. [73-1], granting motion to substitute attorney Richard J. Bortnick and Mitch Milby in place of Darrell L. Barger and Gregory C. Mack as counsel [85-1] signed by Honorable Fred Biery (tm)
April 4, 2005 Filing 85 Unopposed Motion by Melter, S.A. de C.V. to substitute attorney Richard J. Bortnick and Mitch Milby in place of Darrell L. Barger and Gregory C. Mack as counsel (rg1)
March 30, 2005 Filing 84 Motion by Fuchs Systems, Inc. for protective order from plaintiffs' notice of the oral/ videotaped deposition, subpoena duces tecum of the corporate representative for Fuchs Systems, Inc. [Re: Knowledge of design and development of the subject of electric arc furnace] (tm)
March 28, 2005 Filing 83 Motion by Pacific Employers for leave to file amended petition in intervention regarding Patrick Scott Lucas (Amended petition placed in file) (tm)
March 28, 2005 Filing 82 Motion by Pacific Employers for leave to file second amended petition in intervention (Second amended petition in intervention placed in file) (tm)
March 11, 2005 Opinion or Order Filing 81 Order denying motion to amend scheduling order [69-2] [76-1] signed by Honorable Fred Biery (tm)
March 11, 2005 Filing 80 Combined Witness, Exhibit and Expert List by Ann Marie Luna, Manuel R. Hernandez (tm)
March 10, 2005 Filing 79 Second designation of potential Witness, Exhibit and Expert List by Pacific Employers (tm)
March 10, 2005 Filing 78 Combined Witness, Exhibit and Expert List by Patrick Scott Lucas, Crystal Lynn Lucas (tm)
March 10, 2005 Opinion or Order Filing 77 Order denying plaintiffs' third motion to modify scheduling order [75-1] signed by Honorable Fred Biery (tm)
March 9, 2005 Filing 76 Third motion by Patrick Scott Lucas, Crystal Lynn Lucas to amend scheduling order [69-2] (tm)
March 8, 2005 Filing 75 Third motion by Ann Marie Luna to modify scheduling order (tm)
March 4, 2005 Opinion or Order Filing 74 Order granting motion for protection from Patrick and Crystal Lucas' cross-notice of the oral/ videotaped deposition of the corporate representative for Fuchs Systems, Inc. [72-1] signed by Honorable Fred Biery (tm)
March 3, 2005 Filing 73 Motion by Fuchs Systems, Inc. for protective order from plaintiffs' first amended notice of the oral/videotaped deposition, subpoena duces tecum of the corporate represenative for Fuchs Systems, Inc. (tm)
March 1, 2005 Filing 72 Motion by Fuchs Systems, Inc. for protection from Patrick and Crystal Lucas' cross-notice of the oral/ videotaped deposition of the corporate representative for Fuchs Systems, Inc. (tm)
February 8, 2005 Filing 71 Second motion by Pacific Employers to modify scheduling order [17-1] (tm)
February 4, 2005 Filing 70 Reply by Patrick Scott Lucas, Crystal Lynn Lucas to response to motion to modify Scheduling order [17-1] [65-1] (tm)
February 4, 2005 Opinion or Order Filing 69 Order granting in part, denying in part motion to modify Scheduling order [17-1] [65-1] resetting scheduling order deadlines: Joining of parties, amended pleadings on 5/11/05; Discovery deadline on 6/30/05 ; Deadline for filing of all dispositive motions by 8/1/05 signed by Honorable Fred Biery (tm)
February 2, 2005 Filing 68 Plaintiffs' Joinder in intervenor Lucas' second motion by Ann Marie Luna to amend Scheduling order [17-1] (tm)
February 1, 2005 Filing 67 Combined Witness, Exhibit and Expert List by Manuel R. Hernandez (tm)
January 31, 2005 Filing 186 Revised Supplemental Combined Witness, Exhibit and Expert List by Fuchs Systems, Inc. (rg)
January 28, 2005 Filing 66 Response by Fuchs Systems, Inc. motion to modify Scheduling order [17-1] [65-1] (tm)
January 26, 2005 Filing 65 Second motion by Crystal Lynn Lucas, Patrick Scott Lucas to modify Scheduling order [17-1] (tm)
December 13, 2004 Opinion or Order Filing 64 Order granting motion to amend Scheduling order [17-1] [60-1], granting motion to modify scheduling order [59-1] signed by Honorable Fred Biery (sj)
December 10, 2004 Filing 63 Combined Witness, Exhibit and Expert List by Patrick Scott Lucas (tm)
December 10, 2004 Filing 62 Combined Witness, Exhibit and Expert List by Pacific Employers (tm)
December 10, 2004 Filing 61 Response by Fuchs Systems, Inc. motion to amend Scheduling order [17-1] [60-1] (tm)
December 9, 2004 Filing 60 Opposed motion by Patrick Scott Lucas, Crystal Lynn Lucas to amend Scheduling order [17-1] (tm)
December 8, 2004 Filing 59 Agreed Motion by Ann Marie Luna, Manuel R. Hernandez to modify scheduling order (sj)
November 8, 2004 Filing 58 Supplemental pretrial disclosures filed by Pacific Employers [57-1] (tm)
November 8, 2004 Filing 57 Pretrial disclosures filed by Pacific Employers (tm)
October 12, 2004 Filing 56 Notice of filing by Patrick Scott Lucas, Crystal Lynn Lucas of interested parties (tm)
October 12, 2004 Filing 55 Pretrial disclosures filed by Patrick Scott Lucas, Crystal Lynn Lucas (tm)
October 1, 2004 Filing 54 Alternate Dispute Resolution Report filed by Pacific Employers regarding Luna Claim, Party(s) agree to Alternate Dispute Resolution (tm)
October 1, 2004 Filing 53 Alternate Dispute Resolution Report filed by Patrick Scott Lucas regarding Lucas Claim, Party(s) agree to Alternate Dispute Resolution (tm) Modified on 10/04/2004
October 1, 2004 Filing 52 Alternate Dispute Resolution Report filed by Ann Marie Luna, Manuel R. Hernandez, Melter, S.A. de C.V., Fuchs Systems, Inc., Patrick Scott Lucas, Crystal Lynn Lucas, Party(s) agree to Alternate Dispute Resolution (tm)
September 22, 2004 Filing 51 Intervenor's complaint by Patrick Scott Lucas, Crystal Lynn Lucas against Melter, S.A. de C.V., Fuchs Systems, Inc. (Pages: 10) (lp)
September 22, 2004 Opinion or Order Filing 50 Order granting motion to intervene [49-1] signed by Honorable Fred Biery (lp)
September 20, 2004 Filing 49 Motion by Patrick Lucas, Crystal Lynn Lucas to intervene (kc)
September 20, 2004 Received "Petition in Intervention" attached to motion #49 (kc)
August 25, 2004 Filing 48 Pretrial disclosures filed by Patrick Lucas (1 box of attachments/exhibits in file room) (tm)
August 23, 2004 Filing 47 Amended intervenor's complaint by Pacific Employers : amending intervenor complaint [32-1] (Pages: 4) (lp)
August 23, 2004 Opinion or Order Filing 46 Order granting motion for leave to file amended petition in intervention [38-1] signed by Honorable Fred Biery (lp)
August 13, 2004 Filing 45 Notice by Pacific Employers of: Offer of Settlement to Melter, S.A. and Fuchs Systems, Inc. (rg)
August 6, 2004 Filing 44 Response by Fuchs Systems, Inc. to Pacific Employers Insurance Company's Workers' compensation intervenor notice of offer of settlement (rg)
August 6, 2004 Filing 43 Response by Fuchs Systems, Inc. to plaintiff's notice of offer of settlement [33-1] (rg)
August 6, 2004 Filing 42 Response by Fuchs Systems, Inc. to Pacific Employers Insurance Co. and subrogee of Patrick Lucas, notice of offer of settlement (rg)
July 30, 2004 Filing 41 Response by Melter, S.A. de C.V. to Pacific Employers Insurance Company's, Intervenor and subrogee of Patrick Lucas, notice of offer of settlement (rg)
July 30, 2004 Filing 40 Response by Melter, S.A. de C.V. to Pacific Employers Insurance Company's Workers' notice of offer of settlement (rg)
July 30, 2004 Filing 39 Response by Melter, S.A. de C.V.to plaintiff's notice of offer of settlement [33-1] (rg)
July 15, 2004 Filing 38 Motion by Fuchs Systems, Inc. for leave to file amended petition in intervention (rg) Modified on 07/16/2004
July 15, 2004 Received Pacific's amended petition in intervention (rg)
July 14, 2004 Filing 37 First Amended complaint by Ann Marie Luna, Manuel R. Hernandez, amending complaint [1-1] (Pages: 15) (rg)
July 13, 2004 Opinion or Order Filing 36 Order granting unopposed motion for leave to file first amended complaint [35-1] signed by Honorable Fred Biery (fe)
July 9, 2004 Filing 35 Unopposed Motion by Ann Marie Luna, Manuel R. Hernandez for leave to file first amended complaint (rg)
July 9, 2004 Filing 34 Pretrial disclosures filed by Pacific Employers (rg)
July 6, 2004 Filing 33 Notice by Ann Marie Luna, Manuel R. Hernandez of: Offer of Settlement (rg)
June 18, 2004 Filing 32 Intervenor's complaint by Patrick Lucas against Melter, S.A. de C.V., Fuchs Systems, Inc. (Pages: 13) (rg)
June 18, 2004 Opinion or Order Filing 31 Order granting motion for Michael W. Cramer to appear pro hac vice [27-1], granting motion for leave to intervene [26-1] signed by Honorable Fred Biery (rg)
May 19, 2004 Filing 30 Minutes of proceedings for Status Conference conducted on 5/19/04 by Judge Biery. Court Reporter: Chris Poage (rg)
May 19, 2004 Status conference held. (rg)
May 18, 2004 Filing 29 Non-consent to proceed before a U.S. Magistrate by Ann Marie Luna (rg)
May 18, 2004 Filing 28 Non-consent to proceed before a U.S. Magistrate by Manuel R. Hernandez (rg)
May 17, 2004 Filing 27 Motion by Patrick Lucas for Michael W. Cramer to appear pro hac vice (fe)
May 17, 2004 Filing 26 Motion by Pacific Employers Insurance Company, the workers' compensation carrier and real party in interest with regard to the Patrick Lucas claims for leave to intervene (Received "Petition in Intervention filed by Patrick Lucas") (fe)
May 17, 2004 Received "Patrick Lucas' Petition in Intervention". (fe)
May 12, 2004 Filing 25 Notice of filing initial disclosures by Ann Marie Luna (lp)
May 11, 2004 Filing 24 Notice of attorney appearance for Manuel R. Hernandez by Rolando L. Rios (rg)
April 22, 2004 Opinion or Order Filing 23 Order granting amended motion for (Michael W. Cramer) to appear pro hac vice [22-1] signed by Honorable Fred Biery (rg)
April 21, 2004 Mail addressed to Fuchs Systems, Inc. : order [20-1], order [19-1], scheduling set initial status conference for 8:30 5/19/04 [18-1], order [18-2], Scheduling order [17-1] : returned by post office marked Forwarding Order Expired (sj)
April 15, 2004 Filing 22 Amended motion by Pacific Employers, Pacific Employers : for (Michael W. Cramer) to appear pro hac vice amending motion for Michael W. Cramer to appear pro hac vice [14-1] (rg)
April 7, 2004 Filing 21 Intervenor's complaint by Pacific Employers against Melter, S.A. de C.V., Fuchs Systems, Inc. (sj)
April 7, 2004 Opinion or Order Filing 20 ORDER - Court Advisory Concerning Discovery. signed by Honorable Fred Biery (rg)
April 7, 2004 Opinion or Order Filing 19 Order granting Pacific Employers Ins. Co. motion for leave to intervene [15-1], denying without prejudice to refiling motion for Michael W. Cramer to appear pro hac vice [14-1] signed by Honorable Fred Biery (rg)
April 7, 2004 Opinion or Order Filing 18 Order set initial status conference for 8:30 5/19/04 signed by Honorable Fred Biery (rg)
April 7, 2004 Opinion or Order Filing 17 SCHEDULING ORDER setting Joining of parties, amending of pleadings for plaintiff's on 2/28/05; amend pleadings for defendants 3/10/05; Deadline for filing dispositive motions 4/11/05 Discovery cutoff 3/11/05 Alternate Dispute Resolution Report due by 10/1/04. signed Honorable Fred Biery (rg)
March 11, 2004 Filing 16 Recommendations for scheduling order by Ann Marie Luna, Manuel R. Hernandez (sj)
March 5, 2004 Filing 15 Motion by Pacific Employers for leave to intervene (sj)
March 5, 2004 Filing 14 Motion by Pacific Employers for Michael W. Cramer to appear pro hac vice (sj)
March 5, 2004 Received Movant, Pacific Employers Insurance Company, Petition for Intervention (placed on left side of file) (sj)
February 10, 2004 Filing 13 Answer by Melter, S.A. de C.V.; jury demand (rg)
January 26, 2004 Opinion or Order Filing 12 Order granting motion to extend time in which to answer, move or otherwise plead [10-1] answer due 2/10/04 for Melter, S.A. de C.V. signed by Honorable Fred Biery (rg)
January 26, 2004 Opinion or Order Filing 11 Order granting motion for (Martin J. Sweeney, Mitchell S. Milby and Richard J. Bortnick) to appear pro hac vice [9-1] signed by Honorable Fred Biery (rg) Modified on 03/31/2005
January 26, 2004 Pro hac vice fee paid by Martin J. Sweeney with Amount: $ 25.00 Receipt # 187446 (ep)
January 22, 2004 Filing 10 Unopposed Motion by Melter, S.A. de C.V. to extend time in which to answer, move or otherwise plead (rg)
January 22, 2004 Filing 9 Motion by Melter, S.A. de C.V. for (Martin J. Sweeney, Mitchell S. Milby and Richard J. Bortnick) to appear pro hac vice (rg)
November 5, 2003 Opinion or Order Filing 8 Order granting agreed motion to extend scheduling order deadlines until 30 days after Defendant S.A. de C.V. has appeared [7-1] signed by Honorable Fred Biery (rg)
November 3, 2003 Filing 7 Motion by Ann Marie Luna, Manuel R. Hernandez to extend time scheduling order deadlines until 30 days after Defendant S.A. de C.V. has appeared (rg)
September 8, 2003 Opinion or Order Filing 6 Order that the plaintiff shall submit a proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant. Signed by Honorable Fred Biery (rg)
September 3, 2003 Filing 5 Answer by Fuchs Systems, Inc.; jury demand (rg)
September 3, 2003 Filing 4 Pretrial disclosures filed by Fuchs Systems, Inc. (rg)
August 15, 2003 Opinion or Order Filing 3 Order granting motion to appoint special process server [2-1] signed by Honorable Fred Biery (rg)
July 31, 2003 Filing 2 Motion by Ann Marie Luna, Manuel R. Hernandez to appoint special process server (rg)
July 23, 2003 Summons issued for Melter, S.A. de C.V., Fuchs Systems, Inc. (ct)
May 29, 2003 Filing 1 Demand for jury trial by Ann Marie Luna, Manuel R. Hernandez (ct)
May 29, 2003 Case assigned to Honorable Fred Biery (ct)

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Search for this case: Luna, et al v. Melter, S.A. de C.V., et al
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Plaintiff: Ann Marie Luna
Represented By: Francisco Guerra, IV
Represented By: Mikal C. Watts
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Plaintiff: Manuel R. Hernandez
Represented By: Francisco Guerra, IV
Represented By: Mikal C. Watts
Represented By: Rolando L. Rios
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Plaintiff: Teresa Martinez
Represented By: Francisco Guerra, IV
Represented By: Mikal C. Watts
Represented By: Patricia A. Orozco
Represented By: Shalimar S. Wallis
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Plaintiff: Richard Luna, Jr.
Represented By: Francisco Guerra, IV
Represented By: Mikal C. Watts
Represented By: Patricia A. Orozco
Represented By: Shalimar S. Wallis
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Intervenor plaintiff: Pacific Employers Insurance Company
Represented By: Michael W. Cramer
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Intervenor plaintiff: Patrick Lucas
Represented By: Michael W. Cramer
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Intervenor plaintiff: Crystal Lynn Lucas
Represented By: Thomas C. Hall
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Intervenor defendant: Melter, S.A. de C.V.
Represented By: Darrell L. Barger
Represented By: Martin J. Sweeney
Represented By: Mitchell S. Milby
Represented By: Richard J. Bortnick
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Intervenor defendant: Fuchs Systems, Inc.
Represented By: Michael B. Jones
Represented By: Randy A. Nelson
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