Rathmann v. Ford Motor Company
| David M Rathmann and David M. Rathmann |
| Ford Motor Company |
| 6:2021cv00610 |
| June 14, 2021 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Jeffrey C Manske |
| Other Fraud |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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Filing 97
ORDER ADOPTING #94 REPORT AND RECOMMENDATIONS. #72 Sealed Motion to Certify Class, to Appoint Class Representative, and to Appoint Counsel filed by David M. Rathmann is denied. Signed by Judge Alan D Albright. (lad)
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| Filing 96 OBJECTION to #94 Report and Recommendations by David M. Rathmann.. (Underwood, Jessica) |
| Filing 95 REPLY to Response to Motion, filed by David M. Rathmann, re #90 Opposed MOTION to Strike Rule 68 Offer of Judgment filed by Plaintiff David M. Rathmann (Underwood, Jessica) |
| Filing 94 REPORT AND RECOMMENDATIONS re #72 Sealed Motion,,, filed by David M. Rathmann: RECOMMENDS Defendants Motion to Certify Class, to Appoint Class Representative, and to Appoint Class Counsel (ECF No. 72) be DENIED, consistent with the discussion above. Signed by Judge Jeffrey C. Manske. (ad3) |
| Filing 93 Response in Opposition to Motion, filed by Ford Motor Company, re #90 Opposed MOTION to Strike Rule 68 Offer of Judgment filed by Plaintiff David M. Rathmann (Attachments: #1 Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration)(Hudgins, Rebekah) |
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Filing 92
ORDER re Appeal of Magistrate Judge Decision to District Court filed by Ford Motor Company. The Court therefore OVERRULES Defendants Appeal and Objections, ECF No. 88, ADOPTS the Magistrate Judges Order, ECF No. 85, and DENIES Defendants Motion to Exclude the Opinions and Testimony of Dr. Donald House, Sr.. Signed by Judge Alan D Albright. (ad3)
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| Filing 91 SUPPLEMENT to #83 Order Reply in Support of Plaintiff's Supplemental Brief on Enforceability of Class Action Waiver by David M. Rathmann. (Underwood, Jessica) |
| Filing 90 Opposed MOTION to Strike Rule 68 Offer of Judgment by David M. Rathmann. (Attachments: #1 Exhibit A - Offer of Judgment, #2 Exhibit B - Email Correspondence, #3 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
| Filing 89 RESPONSE IN OPPOSITION TO PLAINTIFFS SUPPLEMENTAL BRIEF ON ENFORCEABILITY OF CLASS ACTION WAIVER to #83 Order by Ford Motor Company. (Hudgins, Rebekah) |
| Filing 88 MOTION APPEAL FROM AND OBJECTIONS TO JULY 10, 2023, ORDER re #85 Order on Motion to exclude by Ford Motor Company.. Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Ford Motor Company re #85 Order on Motion to exclude. (ad3) |
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Text Order GRANTING #87 Motion entered by Judge Jeffrey C. Manske. The Court GRANTS the Motion and hereby extends the deadline to appeal the ruling denying Ford Motor Company's Motion to Exclude the Opinions and Testimony of Dr. Donald House, Sr. from July 24, 2023, to July 31, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 87 Unopposed MOTION to Extend Deadline to Appeal Ruling re #85 Order on Motion to exclude by Ford Motor Company. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 86 SUPPLEMENT to #72 Sealed Motion filed On Enforceability of Class Action Waiver by David M. Rathmann. (Attachments: #1 Exhibit A - Limited Warranty, #2 Exhibit B - 30 Baylor L Rev 5, #3 Exhibit C - Dealership Documents, #4 Exhibit D - Ford's Responses to Third Set of Requests for Production)(Underwood, Jessica) |
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Filing 85
ORDER DENYING #76 Motion to exclude Signed by Judge Jeffrey C. Manske.. (ad3)
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Text Order GRANTING #84 Motion for Extension of Time to File entered by Judge Jeffrey C. Manske. The parties' Motion for Extension of Time to File supplemental briefing is GRANTED as unopposed. Plaintiff's supplement shall be due on July 12, 2023. Defendant's response to Plaintiff's supplement is due August 2, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 84 Joint MOTION for Extension of Time to File Supplemental Briefing on Enforceability of Class Action Waiver by David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
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Filing 83
ORDER. The Court ORDERS the parties to submit supplemental briefing solely related to the issue of the enforceability of the class-action waiver. Signed by Judge Jeffrey C. Manske. (bw)
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| Filing 82 REPLY to Response to Motion, filed by David M. Rathmann, re #72 Sealed Motion filed filed by Plaintiff David M. Rathmann (Attachments: #1 Exhibit 1 - Excerpts from Deposition of Dr. David Harless, #2 Exhibit 2 - Excerpts from Deposition of Dr. Benjamin Lester)(Underwood, Jessica) |
| Filing 81 REPLY to Response to Motion, filed by Ford Motor Company, re #76 MOTION to Exclude Plaintiff's Expert, Dr. Donald House, Sr. filed by Defendant Ford Motor Company Reply Brief In Support (Hudgins, Rebekah) |
| Filing 80 Response in Opposition to Motion, filed by David M. Rathmann, re #76 MOTION to Exclude Plaintiff's Expert, Dr. Donald House, Sr. filed by Defendant Ford Motor Company (Attachments: #1 Exhibit 1 - Excerpts from Deposition of Dr. David Harless)(Haacker, William) |
| Parties shall comply with Judge Albright's updated Standing Orders: #Order Regarding Court Docket Management and #Amended Standing Order for Pretrial Procedure. Both orders are available by clicking the hyperlink. (bot2) |
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Text Order GRANTING #79 Motion to Withdraw as Attorney. entered by Judge Jeffrey C. Manske. Counsel Robert Horn's Motion to Withdraw is hereby GRANTED. The Clerk of the Court is directed to terminate Mr. Horn as counsel of record for Plaintiff. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 79 MOTION to Withdraw as Attorney: MOTION for Leave to File Leave to Withdraw Robert Horn as Counsel of Record for Plaintiffs by David M. Rathmann. (Attachments: #1 Proposed Order proposed order). Motions referred to Judge Jeffrey C. Manske. (Haacker, William) Modified on 5/11/2023 to change event entry (zv). |
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Text Order GRANTING #78 Motion for Extension of Time to File Response/Reply re #78 Unopposed MOTION for Extension of Time to File Response/Reply as to #76 MOTION to Exclude Plaintiff's Expert, Dr. Donald House, Sr. entered by Judge Jeffrey C. Manske. Plaintiff's Motion for Extension of Time to File a Response to Defendant's Motion to Exclude Plaintiff's Expert (ECF No. 78) is GRANTED. Plaintiff's Response to Defendant's Motion to Exclude is due by May 26, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 78 Unopposed MOTION for Extension of Time to File Response/Reply as to #76 MOTION to Exclude Plaintiff's Expert, Dr. Donald House, Sr. by David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
| Filing 77 Response in Opposition to Motion, filed by Ford Motor Company, re #72 Sealed Motion filed filed by Plaintiff David M. Rathmann (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Affidavit Declaration in Support of Ford Motor Company's Opposition to Plaintiff's Class Certification)(Hudgins, Rebekah) |
| Filing 76 MOTION to Exclude Plaintiff's Expert, Dr. Donald House, Sr. by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) Modified on 4/25/2023. Defendant's counsel office informed the Clerk's Office there is a typographical/substantive error in the document. They will be reaching out to chambers to confirm which direction to move forward about this matter (zv). |
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Text Order GRANTING #75 Motion to Withdraw as Attorney. entered by Judge Jeffrey C. Manske. This Motion is GRANTED. The Clerk of the Court is further DIRECTED to terminate Becky Hafiz as counsel of record for Plaintiff David Rathmann. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 75 MOTION to Withdraw as Attorney Becky Hafiz by David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
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Filing 74
AMENDED SCHEDULING ORDER. Motions terminated: #73 Joint MOTION to Extend Scheduling Order Deadlines Remaining filed by Ford Motor Company. Signed by Judge Jeffrey C. Manske. (zv)
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| Filing 73 Joint MOTION to Extend Scheduling Order Deadlines Remaining by Ford Motor Company. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 72 Sealed Motion filed: PLAINTIFFS MOTION TO CERTIFY CLASS, TO APPOINT CLASSREPRESENTATIVE, AND TO APPOINT CLASS COUNSEL AND BRIEF IN SUPPORT. Referral Judge: Jeffrey C. Manske. (Attachments: #1 Proposed Order, #2 Declaration of Jessica Underwood, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31) (zv) |
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Text Order GRANTING #70 Motion for Leave to File Sealed Document entered by Judge Jeffrey C. Manske. The Clerk of the Court is directed to file Plaintiff's Motion under seal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 71 Redacted Public Version Plaintiff's Motion for Class Certification of #70 Motion for leave to File Sealed Document by David M. Rathmann. (Attachments: #1 Proposed Order Plaintiff's Motion to Certify Class, #2 Exhibit Declaration of Jessica Underwood, #3 Exhibit 1 - FORD-RATHMANN 000085, #4 Exhibit 2 - Deposition of Aaron Bresky, #5 Exhibit 3 - Deposition of Brian Rathsburg, #6 Exhibit 4 - FORD-RATHMANN 000445, #7 Exhibit 5 - Deposition of Devarajulu, #8 Exhibit 6 - FORD-RATHMANN 000549, #9 Exhibit 7 - FORD-RATHMANN 000606, #10 Exhibit 8 - Excerpts from RATHMANN 0038563, #11 Exhibit 9 - 2023-01-26 Ford's Supplemental Disclosures, #12 Exhibit 10 - FORD-RATHMANN 000505, #13 Exhibit 11 - RATHMANN 0013096, #14 Exhibit 12 - FORD-RATHMANN 000219, #15 Exhibit 13 - RV and Trailer Towing Guide, #16 Exhibit 14 - RATHMANN 0032035, #17 Exhibit 15 - Deposition of Dawn Mckenzie, #18 Exhibit 16 - Deposition of Mike Gaduski, #19 Exhibit 17 - FORD-RATHMANN 000087, #20 Exhibit 18 - RATHMANN 0003355, #21 Exhibit 19 - NHTSA Part 573 Safety Recall Report, #22 Exhibit 20 - FORD-RATHMANN 000074, #23 Exhibit 21 - FORD-RATHMANN 000068, #24 Exhibit 22 - RATHMANN-0000033, #25 Exhibit 23 - RATHMANN 0014981, #26 Exhibit 24 - RATHMANN 0004171, #27 Exhibit 25 - Expert Report of Dr. House in Support of Class Certification with Ex A & B, #28 Exhibit 26 - Deposition of David Rathmann, #29 Exhibit 27 - RATHMANN-0000028, #30 Exhibit 28 - Rathmann v. Ford - Proposed Class Action Notice, #31 Exhibit 29 - Nix Patterson Firm Resume, #32 Exhibit 30 - DT Firm Resume, #33 Exhibit 31 - PMR Firm Resume)(Underwood, Jessica) |
| Filing 70 Motion for leave to File Sealed Document. Referral Judge: Jeffrey C. Manske. (Attachments: #1 Proposed Order on Plaintiff's Motion to Seal, #2 Exhibit SEALED DOCUMENT - Plaintiff's Motion for Class Certification, #3 Exhibit Proposed Order on Plaintiff's Motion to Certify Class, #4 Exhibit Declaration of Jessica Underwood, #5 Exhibit 1 - FORD-RATHMANN 000085, #6 Exhibit 2 - SEALED DOCUMENT Deposition of Aaron Bresky, #7 Exhibit 3 - Deposition of Brian Rathsburg, #8 Exhibit 4 - SEALED DOCUMENT FORD RATHMANN 000445, #9 Exhibit 5 - SEALED DOCUMENT Deposition of Devarajulu, #10 Exhibit 6 - SEALED DOCUMENT FORD-RATHMANN 000549, #11 Exhibit 7 - SEALED DOCUMENT FORD-RATHMANN 000606, #12 Exhibit 8 - SEALED DOCUMENT Excerpts from RATHMANN 0038563, #13 Exhibit 9 - 2023-01-26 Ford's Supplemental Disclosures, #14 Exhibit 10 - SEALED DOCUMENT FORD-RATHMANN 000505, #15 Exhibit 11 - SEALED DOCUMENT RATHMANN 0013096, #16 Exhibit 12 - FORD-RATHMANN 000219, #17 Exhibit 13 - RV and Trailer Towing Guide, #18 Exhibit 14 - SEALED DOCUMENT RATHMANN 0032035, #19 Exhibit 15 - SEALED DOCUMENT Deposition of Dawn Makenzie, #20 Exhibit 16 - SEALED DOCUMENT Deposition of Mike Gaduski, #21 Exhibit 17 - SEALED DOCUMENT FORD-RATHMANN 000087, #22 Exhibit 18 - SEALED DOCUMENT RATHMANN 0003355, #23 Exhibit 19 - NHTSA Part 573 Safety Recall Report, #24 Exhibit 20 - FORD-RATHMANN 000074, #25 Exhibit 21 - FORD-RATHMANN 000068, #26 Exhibit 22 - RATHMANN-0000033, #27 Exhibit 23 - RATHMANN 0014981, #28 Exhibit 24 - SEALED DOCUMENT RATHMANN 0004171, #29 Exhibit 25 - SEALED DOCUMENT Expert Report of Dr. House in Support of Class Certification with Ex A & B, #30 Exhibit 26 - Deposition of David Rathmann, #31 Exhibit 27 - RATHMANN-0000028, #32 Exhibit 28 - Rathmann v. Ford - Proposed Class Action Notice, #33 Exhibit 29 - 2023-02-28 - Nix Patterson Firm Resume, #34 Exhibit 30 - DT Firm Resume, #35 Exhibit 31 - PMR Firm Resume) (Underwood, Jessica) |
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Filing 69
ORDER re #60 Order on Motion to Strike. The Court therefore OVERRULES Defendants Objection, ECF No. 61, ADOPTS the Magistrate Judges Order, ECF No. 60, and GRANTS Plaintiffs Motion to Strike Defendants Motion to Deny Class Certification, ECF No. 56. Signed by Judge Alan D Albright. (zv)
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Text Order GRANTING #68 Motion entered by Judge Jeffrey C. Manske. Plaintiff's opening brief and Defendant's response shall not exceed 30 pages. Plaintiff's reply shall not exceed 15 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 68 Joint MOTION to Increase Page Limit for Class Certification Briefing by David M. Rathmann. (Attachments: #1 Proposed Order Proposed Order Increasing Page Limits for Class Certification Briefing). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
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Filing 67
AMENDED SCHEDULING ORDER. Motions terminated: #66 Joint MOTION for Extension of Time to File Motion for Class Certification and Deposing Plaintiff's Experts filed by Ford Motor Company. Signed by Judge Jeffrey C. Manske. (zv)
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| Filing 66 Joint MOTION for Extension of Time to File Motion for Class Certification and Deposing Plaintiff's Experts by Ford Motor Company. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 65 BRIEF REPLY IN SUPPORT regarding #61 Miscellaneous Objection by Ford Motor Company. (Hudgins, Rebekah) |
| Filing 64 RESPONSE to #61 Miscellaneous Objection by David M. Rathmann. (Attachments: #1 Exhibit A - Sept. 27 Email from J. Thomas, #2 Exhibit B - Oct. 17, 2022 Email from T. Duck)(Underwood, Jessica) |
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Text Order GRANTING #63 Motion for Extension of Time to File entered by Judge Jeffrey C. Manske. Plaintiff's Response to Defendant's Appeal of the Magistrate Judge's Order (ECF No. 61) is due on January 3, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 63 Unopposed MOTION for Extension of Time to File Response to Defendant's Appeal From and Objections to Magistrate's November 29, 2022 Order by David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
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Text Order GRANTING #62 Motion to Withdraw as Attorney. entered by Judge Jeffrey C. Manske. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 62 MOTION to Withdraw as Attorney Kim Saindon by David M. Rathmann. (Attachments: #1 Proposed Order on Motion to Withdraw Kim Saindon). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
| Filing 61 Miscellaneous Objection to #60 Order on Motion to Strike Appeal from and Objections to Magistrate's November 29, 2022 Order by Ford Motor Company. (Hudgins, Rebekah) |
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Filing 60
ORDER GRANTING #56 Motion to Strike #56 Opposed MOTION to Strike Fords Motion To Deny Class Certification, or, in the alternative, Motion for Extension of Time to File Response. Signed by Judge Jeffrey C. Manske. (zv)
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| Filing 59 NOTICE of Attorney Appearance by Robert Lee Horn on behalf of David M. Rathmann. Attorney Robert Lee Horn added to party David M. Rathmann(pty:pla) (Horn, Robert) |
| Filing 58 REPLY to Response to Motion, filed by David M. Rathmann, re #56 Opposed MOTION to Strike Fords Motion To Deny Class Certification, or, in the alternative, Motion for Extension of Time to File Response filed by Plaintiff David M. Rathmann (Attachments: #1 Exhibit 1)(Underwood, Jessica) |
| Filing 57 Response in Opposition to Motion, filed by Ford Motor Company, re #56 Opposed MOTION to Strike Fords Motion To Deny Class Certification, or, in the alternative, Motion for Extension of Time to File Response filed by Plaintiff David M. Rathmann, #52 MOTION to Deny Class Certification filed by Defendant Ford Motor Company (Attachments: #1 Declaration, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Hudgins, Rebekah) |
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Text Order HELD IN ABEYANCE #52 Motion entered by Judge Jeffrey C. Manske. The present Motion is HELD IN ABEYANCE pending the Court's ruling on Plaintiff's Motion to Strike Defendant's Motion to Deny Class Certification (ECF No. 56). (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 56 Opposed MOTION to Strike Fords Motion To Deny Class Certification, or, in the alternative, Motion for Extension of Time to File Response by David M. Rathmann. (Attachments: #1 Exhibit A - Sept. 27 Email from J. Thomas, #2 Exhibit B - 2022-10-05 Dkt048 Plaintiff's Motion to Compel Production of Documents, #3 Exhibit C - Sept. 22 Email from J. Thomas to Court, #4 Exhibit D - Oct. 11, 2022 Email from J. Thomas, #5 Exhibit E - Oct. 17, 2022 Email from T. Duck, #6 Proposed Order Granting Plaintiff's Motion to Strike). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
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Filing 55
ORDER GRANTING #54 Motion to Appear Pro Hac Vice for Attorney James P. Feeney. Attorney added for Ford Motor Company. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot2)
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| Filing 54 MOTION to Appear Pro Hac Vice by Rebekah L. Hudgins for James P. Feeney ( Filing fee $ 100 receipt number ATXWDC-16692053) by on behalf of Ford Motor Company.. Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 53 ATTACHMENT Proposed Order to #52 MOTION to Deny Class Certification by Ford Motor Company. (Hudgins, Rebekah) |
| Filing 52 MOTION to Deny Class Certification by Ford Motor Company. (Attachments: #1 Affidavit Declaration of John M. Thomas in Support of Motion, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
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Text Order GRANTING #51 Motion to Withdraw #51 Unopposed MOTION to Withdraw 48 MOTION to Compel Production of Documents and Interrogatory Responses entered by Judge Jeffrey C. Manske. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 51 Unopposed MOTION to Withdraw 48 MOTION to Compel Production of Documents and Interrogatory Responses by David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
| Filing 50 DEFICIENCY NOTICE: re #49 Notice (Other) (lad) |
| Filing 49 NOTICE of Withdrawal by David M. Rathmann re 48 MOTION to Compel Production of Documents and Interrogatory Responses (Underwood, Jessica) |
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Text Order GRANTING #47 Motion to Extend Scheduling Order Deadlines entered by Judge Jeffrey C. Manske. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)
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| Filing 47 Joint MOTION to Extend Scheduling Order Deadlines by Ford Motor Company. (Attachments: #1 Proposed Order Amending Scheduling Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 46 STIPULATION (JOINT) TO AMEND SCHEDULING ORDER by Ford Motor Company. (Attachments: #1 Proposed Order)(Hudgins, Rebekah) |
| DEFICIENCY NOTICE: re #46 Stipulation. A Scheduling Order has already been entered in the case. Any changes to the Scheduling Order must be filed as a Motion. Please refile using the correct event entry and attached the Proposed Order. Thank you. (zv) |
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Filing 45
ORDER. Signed by Judge Jeffrey C. Manske. (sv)
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| Filing 44 REPLY to Response to Motion, filed by David M. Rathmann, re #36 MOTION to Compel Production of Documents and 30b6 Testimony filed by Plaintiff David M. Rathmann Plaintiff's Reply in Support of Motion to Compel Production of Documents and 30(B)(6) Deposition Testimony (Attachments: #1 Exhibit A, #2 Exhibit B)(Underwood, Jessica) |
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Filing 43
ORDER GRANTING #41 Motion to Appear Pro Hac Vice for Attorney Hannah R. Strawser. Attorney added for David M. Rathmann. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot2)
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| Filing 42 Transcript filed of Proceedings held on July 20, 2022, Proceedings Transcribed: Discovery Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: Lily_Reznik@txwd.uscourts.gov or 512-391-8792. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/30/2022, Redacted Transcript Deadline set for 9/9/2022, Release of Transcript Restriction set for 11/7/2022, (lr) |
| Filing 41 MOTION to Appear Pro Hac Vice by Sabrina R. Tour for Hannah R. Strawser ( Filing fee $ 100 receipt number ATXWDC-16368580) by on behalf of David M. Rathmann.. Motions referred to Judge Jeffrey C. Manske. (Tour, Sabrina) |
| Filing 40 Response in Opposition to Motion, filed by Ford Motor Company, re #36 MOTION to Compel Production of Documents and 30b6 Testimony filed by Plaintiff David M. Rathmann (Attachments: #1 Schebel Declaration, #2 Thomas Declaration, #3 Exhibit A to the Thomas Declaration, #4 Exhibit B to the Thomas Declaration, #5 Exhibit C to the Thomas Declaration, #6 Proposed Order)(Hudgins, Rebekah) |
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Filing 39
ORDER GRANTING #31 Motion to Extend Scheduling Order Deadlines Signed by Judge Jeffrey C. Manske. (sv)
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| Filing 38 Proposed Order CORRECTED to #36 MOTION to Compel Production of Documents and 30b6 Testimony by David M. Rathmann. (Underwood, Jessica) |
| Filing 37 DEFICIENCY NOTICE: re #36 MOTION to Compel Production of Documents and 30b6 Testimony (sv) |
| Filing 36 MOTION to Compel Production of Documents and 30b6 Testimony by David M. Rathmann. (Attachments: #1 Dec. of Jessica Underwood, #2 Exhibit Ex A - 2022-07-13 - Rathmann v. Ford - Plaintiff's Summary of Discovery Dispute of Discovery Dispute, #3 Exhibit Ex B - 2022-07-20 Transcript of Discovery Hearing Before Judge Manske, #4 Exhibit Ex C - Underwood and Thomas Correspondence, #5 Exhibit Ex D - W.Haacker Email, #6 Exhibit Ex E - JT Email Corresp., #7 Exhibit Ex F - JU 7/19/22 Corresp, #8 Exhibit Ex G - 2021-12-10 Ford's Response to Plaintiff's 1st RFPs, #9 Exhibit Ex H - 2022-06-21 Ford's response to Plaintiff's June 10 letter, #10 Exhibit Ex I - 2022-07-18 Defendant's Summary of Discovery Issues, #11 Exhibit Ex J - 2022-07-22 Ford's Amended Objections & Responses to 30(b)(6) Notice 7-22-22, #12 Exhibit Ex K - 2022-06-22 Plaintiff's First Set of Interrogatories, #13 Exhibit Ex L - 2022-07-22 Defendants's Responses to Second Set of Requests for Production, #14 Exhibit Ex M - July 20 Email from John Thomas, #15 Proposed Order Plaintiff's Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
| Filing 35 Memorandum in Opposition to Motion, filed by Ford Motor Company, re #31 MOTION to Extend Scheduling Order Deadlines Plaintiff's Motion to Amend Scheduling Order filed by Plaintiff David M. Rathmann (Attachments: #1 Affidavit Declaration of John M. Thomas, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit i, #11 Exhibit J, #12 Exhibit k, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Hudgins, Rebekah) |
| Filing 34 TRANSCRIPT REQUEST by David M. Rathmann for proceedings held on 7/20/2022. Proceedings Transcribed: Discovery Hearing. Court Reporter: Lily Reznik. (Underwood, Jessica) |
| Filing 33 Minute Entry for proceedings held before Judge Jeffrey C. Manske: Discovery Hearing held on 7/21/2022. CASE CALLED FOR DISCOVERY CONFERENCE. COUNSEL MAKE APPEARANCES.ARGUMENT PRESENTED. PLAINTIFF TO FILE A FORMAL MOTION BY 7/29/22. DEFENSE SHALL FILE A RESPONSE BY 8/5/22. PLAINTIFF TO FILE ANY REPLY BY 8/12/22 THE COURT WILL THEREAFTER SET THE MATTER FOR A MOTIONS HEARING OR RULE VIA WRITTEN ORDER. (Minute entry documents are not available electronically). (Court Reporter FTR)(sv) Modified on 7/21/2022 (mm6). |
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Filing 32
ORDER GRANTING #29 Motion to Appear Pro Hac Vice for Attorney Michael P. Cooney. Attorney added for Ford Motor Company. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot1)
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| Filing 31 MOTION to Extend Scheduling Order Deadlines Plaintiff's Motion to Amend Scheduling Order by David M. Rathmann. (Attachments: #1 Declaration of William N. Haacker, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
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Filing 30
ORDER GRANTING #28 Motion to Appear Pro Hac Vice for Attorney Becky Hafiz. Attorney added for David M. Rathmann. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot1)
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| Filing 29 MOTION to Appear Pro Hac Vice by Rebekah L. Hudgins on behalf of Michael P. Cooney ( Filing fee $ 100 receipt number 0542-16270469) by on behalf of Ford Motor Company. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 28 MOTION to Appear Pro Hac Vice by Jessica Elaine Underwood for Becky Hafiz ( Filing fee $ 100 receipt number 0542-16261494) by on behalf of David M. Rathmann.. Motions referred to Judge Jeffrey C. Manske. (Underwood, Jessica) |
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Filing 27
ORDER. Video Status Conference set for 7/20/2022 03:00 PM before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (sv)
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Text Order GRANTING #25 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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| Filing 25 MOTION to Appear Pro Hac Vice by Rebekah L. Hudgins on behalf of Paul T. Stewart ( Filing fee $ 100 receipt number 0542-16059101) by on behalf of Ford Motor Company. (Attachments: #1 Proposed Order Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 24 DEFICIENCY NOTICE: re #23 MOTION for Admission Pro Hac Vice of Paul T. Stewart Incorrect Motion event was used. Please refile using the Motion to Appear Pro Hac Vice. Instant motion 23 is terminated. (lad) |
| Filing 23 MOTION for Admission Pro Hac Vice of Paul T. Stewart by Ford Motor Company. (Attachments: #1 Proposed Order Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
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Text Order GRANTING #22 Motion to Withdraw as Attorney entered by Judge Jeffrey C. Manske. The Clerk of Court is directed to remove attorney David M. George from the CM/ECF system. Defendant's remaining counsel is unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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| Filing 22 MOTION to Withdraw as Attorney David M. George by Ford Motor Company. (Attachments: #1 Proposed Order on Motion to Withdraw David M. George). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
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Filing 21
ORDER GRANTING #20 Motion to Extend Scheduling Order Deadlines Signed by Judge Jeffrey C. Manske. (sv)
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| Filing 20 STIPULATION Joint by David M. Rathmann. (Paranjpe, Tej) Modified on 4/22/2022 (lad). |
| Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) |
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Filing 19
STIPULATED PROTECTIVE ORDER. Signed by Judge Jeffrey C. Manske. (ir)
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| Filing 18 Joint MOTION for Protective Order (Stipulated) by Ford Motor Company. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
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Text Order GRANTING #17 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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| Filing 17 MOTION to Appear Pro Hac Vice by Robert Winn Cutler on behalf of Kim Saindon ( Filing fee $ 100 receipt number 0542-15198010) by on behalf of David M. Rathmann. (Attachments: #1 Proposed Order for Motion to Admit PHV). Motions referred to Judge Jeffrey C. Manske. (Cutler, Robert) |
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Filing 16
SCHEDULING ORDER:November 19, 2021 Deadline for Plaintiff to join additional parties. January 7, 2022 Deadline for Defendant to join additional parties. Signed by Judge Jeffrey C. Manske. (ir)
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| Filing 15 Scheduling Recommendations/Proposed Scheduling Order Jointly Proposed by David M. Rathmann. (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Underwood, Jessica) |
| Filing 14 MOTION to Appear Pro Hac Vice by Rebekah L. Hudgins on behalf of John M. Thomas and Proposed Order ( Filing fee $ 100 receipt number 0542-15141442) by on behalf of Ford Motor Company.. Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 13 MOTION to Appear Pro Hac Vice by Rebekah L. Hudgins on behalf of David George and Proposed Order ( Filing fee $ 100 receipt number 0542-15140820) by on behalf of Ford Motor Company.. Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
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Text Order GRANTING #14 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jeffrey C. Manske. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhg)
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Text Order GRANTING #13 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Filing 12
DOCKET CONTROL ORDER PURSUANT TO RULES 16(b) AND 26(f). Signed by Judge Jeffrey C. Manske. (jc5)
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| Filing 11 Ford Motor Company's ANSWER to #1 Complaint by Ford Motor Company.(Hudgins, Rebekah) |
| Reset Deadlines: Ford Motor Company answer due 8/9/2021. (ir) |
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Text Order GRANTING #10 Motion for Extension of Time to Answer entered by Judge Jeffrey C. Manske. Defendant Ford's deadline to answer or otherwise respond to the Complaint is extended from July 9, 2021 to August 9, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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| Filing 10 Unopposed MOTION for Extension of Time to File Answer by Ford Motor Company.. Motions referred to Judge Jeffrey C. Manske. (Hudgins, Rebekah) |
| Filing 9 SUMMONS Returned Executed by David M. Rathmann. Ford Motor Company served on 6/18/2021, answer due 7/9/2021. (Paranjpe, Tej) |
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Text Order GRANTING #5 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Text Order GRANTING #6 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Text Order GRANTING #8 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Text Order GRANTING #4 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Text Order GRANTING #7 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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| Filing 8 MOTION to Appear Pro Hac Vice by Robert Winn Cutler for Jessica Underwood ( Filing fee $ 100 receipt number 0542-14925844) by on behalf of David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cutler, Robert) (Main Document 8 replaced on 6/17/2021) (lad). |
| Filing 7 MOTION to Appear Pro Hac Vice by Robert Winn Cutler for Drew Pate ( Filing fee $ 100 receipt number 0542-14925824) by on behalf of David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cutler, Robert) (Main Document 7 replaced on 6/17/2021) (lad). |
| Filing 6 MOTION to Appear Pro Hac Vice by Robert Winn Cutler for Trey Duck ( Filing fee $ 100 receipt number 0542-14925807) by on behalf of David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cutler, Robert) (Main Document 6 replaced on 6/17/2021) (lad). |
| Filing 5 MOTION to Appear Pro Hac Vice by Robert Winn Cutler for Jeff Angelovich ( Filing fee $ 100 receipt number 0542-14925788) by on behalf of David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cutler, Robert) (Main Document 5 replaced on 6/17/2021) (lad). |
| Filing 4 MOTION to Appear Pro Hac Vice by Robert Winn Cutler for Brad Beckworth ( Filing fee $ 100 receipt number 0542-14925527) by on behalf of David M. Rathmann. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cutler, Robert) (Main Document 4 replaced on 6/17/2021) (lad). |
| Filing 3 Summons Issued as to Ford Motor Company. (lad) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by David M Rathmann. (Paranjpe, Tej) (Main Document 2 replaced on 6/14/2021) (lad). |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-14910231), filed by David M Rathmann. (Attachments: #1 Civil Cover Sheet)(Paranjpe, Tej) (Attachment 1 replaced on 6/14/2021) (lad). |
| Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Jeffrey C. Manske. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE (lad) |
| All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) |
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