Jensen v. BMW of North America

Plaintiff: Robert Jensen
Defendant: BMW of North America
Intervenor: Progressive Classic Insurance Company a/s/o Robert Jensen
Case Number: 1:2018cv00142
Filed: November 7, 2018
Court: US District Court for the District of Utah
Presiding Judge: Evelyn J Furse
Referring Judge: Clark Waddoups
2 Judge: Brooke C Wells
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 15, 2020 Filing 43 NOTICE OF TRANSMITTAL that case has been transferred to 2nd District Court - Davis County. Notice, Remand Order, and Docket Sheet sent via mail. Case number 180701018. (lnp)
July 15, 2020 Filing 42 ORDER granting #37 Motion to Amend and REMANDS the Case to State Court. Signed by Judge Clark Waddoups on 7/15/2020. (lnp)
July 14, 2020 Filing 41 NOTICE of Conditional Non-Opposition to Plaintiffs' Motion to Amend Complaint and Remand Case to State Court by BMW of North America re #37 MOTION to Amend/Correct #2 Notice of Removal, Complaint And Remand Case to State Court (Fowler, Tracy)
July 14, 2020 Filing 40 FOURTH AMENDED SCHEDULING ORDER: Amended Pleadings due by 8/30/2020. Joinder of Parties due by 8/30/2020. Discovery due by 12/11/2020. Motions due by 1/4/2021. Status Conference set for 1/14/2021 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups. Signed by Magistrate Judge Cecilia M. Romero on 7/14/2020. (lnp)
July 13, 2020 Filing 39 STIPULATION re #29 Order on Motion for Amended Scheduling Order, Fourth Amended Scheduling Order by Robert Jensen. (Young, Daniel)
July 7, 2020 Filing 38 Motions No Longer Referred: #37 MOTION to Amend/Correct #2 Notice of Removal, Complaint And Remand Case to State Court. District Judge will handle this motion. (ncw)
July 6, 2020 Filing 37 MOTION to Amend/Correct #2 Notice of Removal, Complaint And Remand Case to State Court filed by Plaintiff Robert Jensen, Intervenor Progressive Classic Insurance Company a/s/o Robert Jensen. Motions referred to Cecilia M. Romero.(Young, Daniel)
May 7, 2020 Filing 36 Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 5/7/2020. Counsel anticipate an amended complaint, which will add a defendant and add claims. Amended scheduling order filed within 60 days of today.Court adjourned. Attorney for Plaintiff: Theodore Kanell, Daniel Young. Intv Attorney: Spencer Lythgoe, Attorney for Defendant: Tracy Fowler. Court Reporter: Laura Robinson.(Time Start: 3:00, Time End: 3:06, Room Telephonic.)(asb)
April 28, 2020 Filing 35 2nd AMENDED NOTICE OF HEARING: Status Conference reset for Thursday, 5/7/2020 at 03:00 PM by telephone conference before Judge Clark Waddoups. (time change only).Conference call information has been emailed to counsel and court reporter by Outlook calendar invitation. For other individuals (media, public, etc) wishing to listen to the hearing, they are instructed to email Judge Waddoups' chambers at utdecf_waddoups@utd.uscourts.gov to obtain call in information. (asb)
February 10, 2020 Filing 34 ORDER granting #33 Motion to Extend Expert Discovery: Plaintiffs will have 30 days following destructive testing to supplement their expert disclosures and provide expert reports, with Defendant's expert reports due thirty days after Defendant's expert designations. Signed by Magistrate Judge Cecilia M. Romero on 2/10/20. (dla)
February 7, 2020 Filing 33 MOTION to Stay Expert Discovery filed by Plaintiff Robert Jensen, Intervenor Progressive Classic Insurance Company a/s/o Robert Jensen. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero. Attorney Daniel E. Young added to party Progressive Classic Insurance Company a/s/o Robert Jensen(pty:intv)(Young, Daniel)
January 16, 2020 Filing 32 DESIGNATION OF EXPERTS filed by Intervenor Progressive Classic Insurance Company a/s/o Robert Jensen.(Lythgoe, Spencer)
January 15, 2020 Filing 31 DESIGNATION OF EXPERTS filed by Plaintiff Robert Jensen.(Young, Daniel)
January 13, 2020 Filing 30 AMENDED NOTICE OF HEARING: Status Conference set for 5/7/2020 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups. ***NOTE: CHANGE IN COURTROOM ONLY*** (tcs)
November 25, 2019 Filing 29 THIRD AMENDED SCHEDULING ORDER - granting #28 Motion for Amended Scheduling Order. Expert Discovery due by 4/2/2020. Motions due by 4/30/2020. Scheduling/Status Conference set for 5/7/2020 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. See Order for further details. Signed by Magistrate Judge Cecilia M. Romero on 11/25/19. (jmr)
November 22, 2019 Filing 28 Stipulated MOTION for Amended Scheduling Order filed by Defendant BMW of North America. (Attachments: #1 Text of Proposed Order Third Amended Scheduling Order) Motions referred to Cecilia M. Romero.(Fowler, Tracy)
August 22, 2019 Filing 27 SECOND AMENDED SCHEDULING ORDER - granting #26 Motion for Amended Scheduling Order. Amended Pleadings due by 8/30/2019. Joinder of Parties due by 8/30/2019. Expert Discovery due by 3/2/2020. Motions due by 3/30/2020. Status Conference set for 4/9/2020 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. Signed by Magistrate Judge Cecilia M. Romero on 8/22/19. (jmr)
August 21, 2019 Filing 26 Stipulated MOTION for Amended Scheduling Order and Memorandum in Support (Second) filed by Plaintiff Robert Jensen. (Attachments: #1 Text of Proposed Order Second Amended Scheduling Order) Motions referred to Cecilia M. Romero.(Young, Daniel)
June 26, 2019 Filing 25 ANSWER to Complaint with Jury Demand (Answer to Progressive Classic Insurance Co.'s Intervenor's Complaint) filed by BMW of North America.(Fowler, Tracy)
June 10, 2019 Filing 24 REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Cecilia M. Romero. Magistrate Judge Brooke C. Wells no longer assigned to the case. Case number will now read 1:18-cv-00142-CW-CMR. Please make changes to document captions accordingly. (las)
June 5, 2019 Filing 23 ORDER granting #20 Motion to Intervene. Signed by Judge Clark Waddoups on 6/5/2019. (las)
June 4, 2019 Filing 22 NOTICE of Non - Opposition of BMW to Progressive Insurance's Motion to Intervene by BMW of North America re #20 MOTION to Intervene and Memorandum in Support (Overton, Kristen)
May 8, 2019 Filing 21 Motions No Longer Referred: #20 MOTION to Intervene and Memorandum in Support . District Judge will handle this Motion. (ncw)
May 7, 2019 Filing 20 MOTION to Intervene and Memorandum in Support filed by Movant Progressive Classic Insurance Company a/s/o Robert Jensen. (Attachments: #1 Exhibit Intervenor's Proposed Complaint) Motions referred to Brooke C. Wells. Attorney Spencer B. Lythgoe added to party Progressive Classic Insurance Company a/s/o Robert Jensen(pty:mov)(Lythgoe, Spencer)
May 7, 2019 Filing 19 JOINT AND STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Brooke C. Wells on 5/7/19. (jlw)
May 6, 2019 Filing 18 Stipulated MOTION for Protective Order filed by Defendant BMW of North America. Motions referred to Brooke C. Wells.(Fowler, Tracy)
May 2, 2019 Filing 17 FIRST AMENDED SCHEDULING ORDER: Hear Motions by: 7/1/19. Amended Pleadings due by 7/1/2019., Joinder of Parties due by 7/1/2019., Discovery due by 9/3/2019., Motions due by 1/31/2020., If the parties do not intend to file dispositive or potentially dispositive motions, a Scheduling Conference is set for 2/6/2020 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. See order for further details. Signed by Magistrate Judge Brooke C. Wells on 5/2/19. (jlw)
May 2, 2019 Filing 16 Stipulated MOTION for Amended Scheduling Order and Memorandum in Support filed by Plaintiff Robert Jensen. (Attachments: #1 Text of Proposed Order Proposed First Amended Scheduling Order) Motions referred to Brooke C. Wells.(Young, Daniel)
December 13, 2018 Filing 15 NOTICE of Appearance by Daniel E. Young on behalf of Robert Jensen (Young, Daniel)
December 6, 2018 Filing 14 SCHEDULING ORDER: Amended Pleadings due by 5/1/2019 for Dfts. Joinder of Parties due by 5/1/2019 for Dfts. Expert Discovery due by 10/30/2019. Motions due by 12/2/2019. Scheduling/Status Conference set for 11/21/2019 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. Signed by Magistrate Judge Brooke C. Wells on 12/6/18. (jmr)
December 5, 2018 Filing 13 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Kanell, Theodore)
November 28, 2018 Filing 12 ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Clark Waddoups on 11/28/2018. (ncw)
November 26, 2018 Filing 11 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Clark Waddoups. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las)
November 26, 2018 Filing 10 RECEIVED Consent/Reassignment Form from Defendant BMW of North America. (las)
November 26, 2018 Filing 9 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las)
November 21, 2018 Filing 8 ANSWER to Complaint with Jury Demand filed by BMW of North America.(Fowler, Tracy)
November 8, 2018 Filing 7 RECEIVED Consent/Reassignment Form from Plaintiff Robert Jensen. (las)
November 8, 2018 Filing 6 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 11/8/2018. (las)
November 7, 2018 Filing 5 File Received from Second District Court - Farmington, Davis County consisting of docket sheet and documents filed in state court. (Attachments: #1 State Complaint, #2 Return of Service, #3 Notice to State Court, #4 Exhibit 1) (las)
November 7, 2018 Filing 4 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant BMW of North America, Plaintiff Robert Jensen. Form due by 11/23/2018. (nl)
November 7, 2018 Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendant BMW of North America, Plaintiff Robert Jensen. (nl)
November 7, 2018 Filing 2 NOTICE OF REMOVAL from Second District Court in and for Davis County, case number 180701018, (Filing fee $ 400, receipt number 1088-3141521) filed by BMW of North America. (Attachments: #1 Exhibit A: Complaint, #2 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Overton, Kristen)
November 7, 2018 Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Defendant BMW of North America is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (nl)

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Plaintiff: Robert Jensen
Represented By: Theodore E. Kanell
Represented By: Daniel E. Young
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Defendant: BMW of North America
Represented By: Kristen J. Overton
Represented By: Tracy H. Fowler
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Intervenor: Progressive Classic Insurance Company a/s/o Robert Jensen
Represented By: Daniel E. Young
Represented By: Spencer B. Lythgoe
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