Kole et al v. Ford Motor Co.
Plaintiff: Kole, Peggy Joyce Kole and Charles Kole
Defendant: Takata Corporation, TK Holdings and Ford Motor Co.
Case Number: 2:2016cv00663
Filed: June 22, 2016
Court: US District Court for the District of Utah
Office: Central Office
County: Washington
Presiding Judge: Evelyn J Furse
Referring Judge: Clark Waddoups
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2022 Opinion or Order Filing 57 ORDER GRANTING STIPULATED MOTION TO DISMISS WITH PREJUDICE - Magistrate Judge Cecilia M. Romero no longer assigned to case. Motions Granted #56 Stipulated MOTION to Dismiss Party Ford Motor Co. filed by Ford Motor Co.. See Order for details. Signed by Judge Clark Waddoups on 7/29/22. (jrj)
July 28, 2022 Filing 56 Stipulated MOTION to Dismiss Party Ford Motor Co. filed by Defendant Ford Motor Co.. (Attachments: #1 Text of Proposed Order)(McOmber, Elisabeth)
July 26, 2022 Opinion or Order Filing 55 DOCKET TEXT ORDER - Plaintiff shall file a status report regarding the settlement agreement within 14 days from the date of this order, no later than August 9, 2022. Signed by Judge Clark Waddoups on 7/26/2022. No attached document (lrh)
April 20, 2022 Filing 54 STATUS REPORT on Settlement by Ford Motor Co.. (McOmber, Elisabeth)
April 19, 2022 Opinion or Order Filing 53 ORDER TO SHOW CAUSE - Plaintiff if hereby ordered to show cause why this case should not be dismissed. Plaintiff is directed to respond to the court in writing no later than May 3, 2022, to inform the court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. Signed by Judge Clark Waddoups on 4/19/2022. No attached document. (lrh)
March 29, 2022 Opinion or Order Filing 52 DOCKET TEXT ORDER: On December 2, 2021, Defendant filed a #50 Joint Notice of Settlement, which indicated that the parties had reached an "agreement in principle" to resolve all claims and that they anticipated filing documents dismissing this matter in the entirety no later than January 16, 2022. That deadline has now passed, and nothing further has been filed with the court. Accordingly, Plaintiff is directed to file a Status Report with the court no later than April 12, 2022. Signed by Judge Clark Waddoups on 3/29/2022. No attached document. (lrh)
December 7, 2021 Filing 51 NOTICE VACATING STATUS & SCHEDULING CONFERENCE HEARING set for 12/7/2021 at 2:45 p.m. before Judge Clark Waddoups (asb)
December 2, 2021 Filing 50 NOTICE of Settlement (Joint) by Ford Motor Co. (McOmber, Elisabeth)
December 2, 2021 Filing 49 NOTICE OF HEARING: Scheduling Conference set for Tuesday, 12/7/2021 at 02:45 PM in US District Court *virtual Court Via Zoom Conference* before Judge Clark Waddoups. Video conference link emailed to counsel by Outlook calendar invitation. Counsel may share the link with any party that wishes to be present for the hearing. All others instructed to email utdecf_waddoups@utd.uscourts.gov to obtain video link. (asb)
April 13, 2021 Opinion or Order Filing 48 ORDER VACATING HEARING. In light of #47 Withdrawal of Motion, the discovery hearing set for 04/13/2021 at 2:30 PM before Judge Romero is vacated. Signed by Magistrate Judge Cecilia M. Romero on 4/13/2021. (cvm)
April 12, 2021 Filing 47 WITHDRAWAL OF MOTION by Plaintiffs Charles Kole, Peggy Joyce Kole re #36 Plaintiff's MOTION to Compel Depositions, Discovery, and Privilege Log and Memorandum in Support filed by Peggy Joyce Kole, Charles Kole . (Dean, Kevin)
March 31, 2021 Opinion or Order Filing 46 FOURTH AMENDED SCHEDULING ORDER granting #44 Motion for Amended Scheduling Order. Amended Pleadings due by 4/12/2021. Expert Discovery due by 11/1/2021. Motions due by 11/29/2021. Scheduling Conference set for 12/7/2021 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups. See Order for further details. Signed by Magistrate Judge Cecilia M. Romero on 3/31/21. (jrj)
March 31, 2021 Opinion or Order Filing 45 ORDER SETTING HEARING ON MOTION - Set Deadlines as to #36 Plaintiff's MOTION to Compel Depositions, Discovery, and Privilege Log and Memorandum in Support .(ZOOM Motion Hearing set for 4/13/2021 at 02:30 PM before Magistrate Judge Cecilia M. Romero.) Signed by Magistrate Judge Cecilia M. Romero on 3/31/21. (jrj)
March 31, 2021 Opinion or Order ORDER SETTING HEARING ON MOTION. Discovery Hearing Re: #36 Plaintiff's MOTION to Compel Depositions, Discovery, and Privilege Log set for 4/13/2021 at 02:30 PM before Magistrate Judge Cecilia M. Romero via ZOOM. Instructions for ZOOM participation will be available on Judge Romero's daily calendar. (cvm)
March 12, 2021 Filing 44 Stipulated MOTION for Amended Scheduling Order filed by Defendant Ford Motor Co.. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(McOmber, Elisabeth)
February 2, 2021 Filing 43 REQUEST to Submit for Decision re #36 Plaintiff's MOTION to Compel Depositions, Discovery, and Privilege Log and Memorandum in Support , #42 Request to Submit for Decision, #41 Memorandum in Opposition to Motion, filed by Plaintiffs Charles Kole, Peggy Joyce Kole. (Dean, Kevin)
February 1, 2021 Filing 42 REQUEST to Submit for Decision re #36 Plaintiff's MOTION to Compel Depositions, Discovery, and Privilege Log and Memorandum in Support filed by Defendant Ford Motor Co.. (McOmber, Elisabeth)
February 1, 2021 Filing 41 MEMORANDUM in Opposition re #36 Plaintiff's MOTION to Compel Depositions, Discovery, and Privilege Log and Memorandum in Support filed by Defendant Ford Motor Co.. (Attachments: #1 Exhibit 1 - Remand Briefing and Order, #2 Exhibit 2 - Conferral Correspondence, #3 Exhibit 3 - Quade Conferral Correspondence, #4 Exhibit 4 - 2020 0626 Ford Responses to 1st Requests for Production, #5 Text of Proposed Order Proposed Order)(McOmber, Elisabeth)
February 1, 2021 Filing 40 NOTICE of Withdrawal of Plaintiffs' Motion to Compel the Deposition of Marshall Quade by Charles Kole, Peggy Joyce Kole re #36 Plaintiff's MOTION to Compel Depositions, Discovery, and Privilege Log and Memorandum in Support (Dean, Kevin)
February 1, 2021 Opinion or Order Filing 39 ORDER granting #37 Motion for Leave to File Overlength Opposition Memo to Motion #36 . Signed by Magistrate Judge Cecilia M. Romero on 1/31/21. (alf)
January 29, 2021 Filing 38 NOTICE of Issuance of Subpoena Duces Tecum by Charles Kole, Peggy Joyce Kole (Attachments: #1 Exhibit A to Notice of Issuance of Subpoena - M. Quade) (O'Neill, John)
January 27, 2021 Filing 37 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages in Opposition to Motion to Compel filed by Defendant Ford Motor Co.. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(McOmber, Elisabeth)
January 25, 2021 Filing 36 Plaintiff's MOTION to Compel Depositions, Discovery, and Privilege Log and Memorandum in Support filed by Plaintiffs Charles Kole, Peggy Joyce Kole. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(O'Neill, John) Modified on 2/16/2021 motion reopened per chambers (jwt).
November 23, 2020 Opinion or Order Filing 35 3RD AMENDED SCHEDULING ORDER: Amended Pleadings due by 4/12/2021., Discovery due by 11/1/2021., Motions due by 11/29/2021., Scheduling/Status Conference reset for 12/8/2021 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups. Signed by Magistrate Judge Cecilia M. Romero on 11/23/2020. (lnp)
November 23, 2020 Filing 34 NOTICE of Issuance of Subpoena Duces Tecum for Non-Parties by Charles Kole, Peggy Joyce Kole (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum to Sean West, #2 Exhibit 2 - Subpoena Duces Tecum to Mark Tuneoff, #3 Exhibit 3 - Subpoena Duces Tecum to Mark Quade, #4 Exhibit 4 - Subpoena Duces Tecum to John Jakovski) (O'Neill, John)
November 20, 2020 Filing 33 Joint MOTION for Amended Scheduling Order filed by Defendant Ford Motor Co.. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order) Motions referred to Cecilia M. Romero.(McOmber, Elisabeth)
August 25, 2020 Opinion or Order Filing 32 SCHEDULING ORDER: Discovery due by 8/3/2021., Motions due by 8/31/2021., Scheduling/Status Conference set for 9/8/2021 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups. Signed by Magistrate Judge Cecilia M. Romero on 8/25/2020. (lnp)
August 24, 2020 Filing 31 Joint MOTION for Amended Scheduling Order filed by Defendant Ford Motor Co.. (Attachments: #1 Text of Proposed Order Scheduling Order) Motions referred to Cecilia M. Romero.(McOmber, Elisabeth)
March 27, 2020 Opinion or Order Filing 30 SCHEDULING ORDER:(Expert Discovery due by 4/30/2021., Motions due by 5/28/2021., Scheduling/Status Conference set for 6/2/2021 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups.), Motions terminated: #29 Joint MOTION for Extension of Time to Extend Case Deadlines filed by Ford Motor Co.. See Order for details. Signed by Magistrate Judge Cecilia M. Romero on 3/27/20. (jrj)
March 25, 2020 Filing 29 Joint MOTION for Extension of Time to Extend Case Deadlines filed by Defendant Ford Motor Co.. (Attachments: #1 Text of Proposed Order Amended Scheduling Order) Motions referred to Cecilia M. Romero.(McOmber, Elisabeth)
October 17, 2019 Filing 28 Plaintiff's RESPONSE re #27 Scheduling Order,,26(a)(1) Initial Disclosures filed by Charles Kole, Peggy Joyce Kole. (O'Neill, John)
September 30, 2019 Opinion or Order Filing 27 SCHEDULING ORDER: Amended Pleadings due by 1/10/2020. Joinder of Parties due by 1/10/2020. Discovery due by 12/11/2020. Motions due by 1/29/2021. Status Conference set for 2/3/2021 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. (See order for other deadlines.) Signed by Magistrate Judge Cecilia M. Romero on 9/30/2019. (jwt)
September 27, 2019 Filing 26 REPORT OF ATTORNEY PLANNING MEETING. (Dean, Kevin)
August 30, 2019 Opinion or Order Filing 25 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 Cecilia M. Romero on 8/30/19. (jmr)
July 2, 2019 Filing 24 NOTICE OF WITHDRAWAL OF COUNSEL of Lauren Channell filed by Judson D. Burton on behalf of Charles Kole, Peggy Joyce Kole (Burton, Judson)
June 10, 2019 Filing 23 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 2:16-cv-00663-CW-CMR. Please make changes to document captions accordingly. (jwt)
May 31, 2019 Filing 22 NOTICE of Appearance by John David O'Neill on behalf of Charles Kole, Peggy Joyce Kole (O'Neill, John)
May 29, 2019 Filing 21 NOTICE of Appearance by Tracy H. Fowler on behalf of Ford Motor Co. (Fowler, Tracy)
May 29, 2019 Filing 20 NOTICE of Appearance by Elisabeth M. McOmber on behalf of Ford Motor Co. (McOmber, Elisabeth)
May 29, 2019 Opinion or Order Filing 19 ORDER granting #17 Motion for Admission Pro Hac Vice of John David O'Neill for Charles Kole,John David O'Neill for Peggy Joyce Kole. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/29/19. (jmr)
May 28, 2019 Filing 18 REQUEST for Scheduling Conference filed by Defendant Ford Motor Co.. (Attachments: #1 Exhibit A - Motion for Suggestion of Remand, #2 Exhibit B - Conditional Remand Order, #3 Exhibit C - Joint Stipulation of Remand Record)(Fowler, Tracy)
May 16, 2019 Filing 17 MOTION for Admission Pro Hac Vice of John David O'Neill , Registration fee $ 250, receipt number 1088-3276441, filed by Plaintiffs Charles Kole, Peggy Joyce Kole. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Electronic Case Filing Registration Form, #3 Exhibit Application for Admission Pro Hac Vice, #4 Text of Proposed Order)(Burton, Judson)
February 20, 2019 Filing 16 NOTICE of Appearance by Kevin R. Dean on behalf of Charles Kole, Peggy Joyce Kole (Dean, Kevin)
February 5, 2019 Opinion or Order Filing 15 ORDER granting #14 Motion for Admission Pro Hac Vice of Kevin R. Dean for Charles Kole,Kevin R. Dean for Peggy Joyce Kole. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 2/5/19. (jlw)
February 4, 2019 Filing 14 MOTION for Admission Pro Hac Vice of Kevin R. Dean , Registration fee $ 250, receipt number 1088-3197077, filed by Plaintiffs Charles Kole, Peggy Joyce Kole. (Attachments: #1 Exhibit Application for Admission Pro Hac Vice, #2 Exhibit Electronic Case Filing Registration Form, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Burton, Judson)
January 23, 2019 Filing 13 NOTICE of Appearance by Judson D. Burton on behalf of Charles Kole, Peggy Joyce Kole (Burton, Judson)
December 13, 2018 Opinion or Order 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 12/13/2018. (tcs)
December 11, 2018 Filing 11 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Fredrick Howard Lebron McClure, for Defendant Ford Motor Co. (rks)
December 11, 2018 Filing 10 File Received from USDC Southern District of Florida consisting of MDL Docket Sheet and Related Case (Attachments: #1 Docket Sheet - related case) (rks)
December 11, 2018 Filing 9 CLERKS ORDER of MDL Conditional Remand signed by Jeffery N. Luthi, Clerk of the Panel. The transferee court in this litigation has advised the Panel that coordinated or consolidated pretrial proceedings in the action(s) on this conditional remand order have been completed and that remand to the transferor court(s), as provided in 28 U.S.C. 1407(a), is appropriate. Case Remanded back from USDC Southern District of Florida, case number 1:16cv23419. MDL Case Number 1:15md2599. (rks)
December 11, 2018 Filing 7 Case Reassigned to Judge Clark Waddoups. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (rks)
August 9, 2016 Filing 6 NOTICE OF TRANSMITTAL that case has been transferred to USDC Southern District of Florida via electronic case transfer given case number 1:16-cv-23419. (jwt)
August 5, 2016 Filing 5 Interdistrict Transfer to USDC Southern Florida. Record transferred to receiving court electronically. All future documents should be filed in USDC Southern Florida District Court. (rks)
August 5, 2016 Filing 4 CLERKS ORDER of Conditional Transfer re Takata Airbag Products Liability Litigation MDL 2599 signed by Jeffery N. Luthi, Clerk of the Panel (Attachments: #1 Transmittal Letter) (rks)
June 22, 2016 Filing 3 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Kevin R. Dean, for Plaintiffs Charles Kole, Peggy Joyce Kole (dsf) Modified by correcting plaintiff's name on 6/22/2016 (rks).
June 22, 2016 Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-2533736) filed by Peggy Joyce Kole, Charles Kole. (Attachments: #1 Civil Cover Sheet Civil Covery Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Jensen, Steven) Modified by correcting plaintiff's name on 6/22/2016 (rks).
June 22, 2016 Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiffs Charles Kole, Peggy Joyce Kole is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400 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. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (dsf) Modified by correcting plaintiff's name on 6/22/2016 (rks).

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Search for this case: Kole et al v. Ford Motor Co.
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Plaintiff: Kole
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Plaintiff: Peggy Joyce Kole
Represented By: John David O'Neill
Represented By: Judson Dee Burton
Represented By: Kevin R. Dean
Represented By: Steven K. Jensen
Represented By: Lauren E. Channell
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Plaintiff: Charles Kole
Represented By: John David O'Neill
Represented By: Judson Dee Burton
Represented By: Kevin R. Dean
Represented By: Steven K. Jensen
Represented By: Lauren E. Channell
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Defendant: Takata Corporation
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Defendant: TK Holdings
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Defendant: Ford Motor Co.
Represented By: Elisabeth M. McOmber
Represented By: Tracy H. Fowler
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