Peterson et al v. Hyundai Motor Company et al
| Larry Peterson and Gloria Peterson |
| Hyundai Motor Manufacturing Alabama, Hyundai Motor Company, Hyundai Motor America and Murdock Hyundai |
| Federal Insurance Company |
| 2:2019cv00552 |
| August 2, 2019 |
| US District Court for the District of Utah |
| Evelyn J Furse |
| Clark Waddoups |
| Paul M Warner |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 24 REQUEST to Submit for Decision re #14 MOTION to Stay re #2 Notice of Removal, and Memorandum in Support (Motion to Stay Writ of Garnishment Pending Ruling in State Court on Hyundai's Post-Trial Motions) filed by Garnishee Federal Insurance Company. (Johnson, Gary) |
| Filing 23 REQUEST to Submit for Decision re #22 Reply Memorandum/Reply to Response to Motion, #19 Response to Order to Show Cause, #21 Memorandum in Opposition to Motion, #18 Notice (Other), #17 Plaintiff's MOTION Order to Show Cause or Require Adequate Security and Memorandum in Support filed by Plaintiff Larry Peterson. (Waddoups, Trent) |
| Filing 22 Plaintiff's REPLY to Response to Motion re #17 Plaintiff's MOTION Order to Show Cause or Require Adequate Security and Memorandum in Support filed by Plaintiff Larry Peterson. (Attachments: #1 Text of Proposed Order to Show Cause)(Waddoups, Trent) |
| Filing 21 Amended MEMORANDUM in Opposition re #17 Plaintiff's MOTION Order to Show Cause or Require Adequate Security and Memorandum in Support filed by Garnishee Federal Insurance Company. (Johnson, Gary) |
| Filing 20 MEMORANDUM in Opposition re #17 Plaintiff's MOTION Order to Show Cause or Require Adequate Security and Memorandum in Support filed by Garnishee Federal Insurance Company. (Johnson, Gary) |
| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re #15 Order to Show Cause, filed by Federal Insurance Company. (Johnson, Gary) |
| Filing 18 NOTICE of Errata by Larry Peterson re #17 Plaintiff's MOTION Order to Show Cause or Require Adequate Security and Memorandum in Support (Attachments: #1 Errata Correct Exhibit D to Docket No. 17) (Waddoups, Trent) |
| Filing 17 Plaintiff's MOTION Order to Show Cause or Require Adequate Security and Memorandum in Support filed by Plaintiff Larry Peterson. (Attachments: #1 Exhibit A -- Murdock Hyundai's Initial Disclosures, #2 Exhibit B -- Insurance Certificate, #3 Exhibit C -- 8-21-19 State Court Ruling Lifting Stay, #4 Exhibit D -- Declaration of Trent J. Waddoups, #5 Exhibit E -- Writ of Garnishment) Motions referred to Paul M. Warner.(Waddoups, Trent) |
| Filing 16 Plaintiff's RESPONSE to Motion re #14 MOTION to Stay re #2 Notice of Removal, and Memorandum in Support (Motion to Stay Writ of Garnishment Pending Ruling in State Court on Hyundai's Post-Trial Motions) filed by Plaintiff Larry Peterson. (Waddoups, Trent) |
Filing 15
ORDER TO SHOW CAUSE- Federal Insurance Company is respectfully instructed to address whether the Underlying Defendants must be joined in this action as party-defendants. See Order for further details. Signed by Judge Clark Waddoups on 8/26/19. (jmr)
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| Filing 14 MOTION to Stay re #2 Notice of Removal, and Memorandum in Support (Motion to Stay Writ of Garnishment Pending Ruling in State Court on Hyundai's Post-Trial Motions) filed by Garnishee Federal Insurance Company. (Attachments: #1 Exhibit 1 - Redacted Motion to Stay Enforcement of Judgment, #2 Exhibit 2 - Motion for Protected Filing of Motion to Stay, #3 Exhibit 3 - Expedited Request for Hearing, #4 Exhibit 4 - 7/16/19 Order, #5 Exhibit 5 - 7/17/19 Order, #6 Exhibit 6 - Reply in Support of Motion to Stay Enforcement of Judgment, #7 Exhibit 7 - 8/21/19 Ruling & Order) Motions referred to Paul M. Warner.(Johnson, Gary) |
| Filing 13 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Johnson, Gary) |
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Clark Waddoups on 8/19/2019. (ncw)
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Filing 11
ORDER OF RECUSAL Judge Tena Campbell recused. Case reassigned to Judge Clark Waddoups for all further proceedings. Case number will now read 2:19-cv-552-CW. Signed by Judge Tena Campbell on 8/16/2019. (jds)
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| Filing 10 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 Tena Campbell. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (nl) |
| Filing 9 RECEIVED Consent/Reassignment Form from Garnishee Federal Insurance Company. (nl) |
| Filing 8 RECEIVED Consent/Reassignment Form from Plaintiffs Gloria Peterson, Larry Peterson. (nl) |
| Filing 7 RECEIVED Consent/Reassignment Form from Defendants Hyundai Motor America, Hyundai Motor Company, Hyundai Motor Manufacturing Alabama, Murdock Hyundai. (nl) |
| Filing 6 File Received from 4th District Court -Provo consisting of Docket and filings from state court. (Attachments: #1 Complaint, #2 Return of Service, #3 Notice of Appearance, #4 Answer of Murdock Hyundai, #5 Notice of Event Due Dates, #6 Notice of Scheduling Conference, #7 Notice of Pilot program, #8 Certificate of Service, #9 Answer of Hyundai Motor America, #10 Certificate of Service, #11 Certificate of Service, #12 Plaintiff Statement of Case, #13 Def Murdock Statement of Case, #14 Def HMA Statement of Case, #15 Certificate of Service, #16 Mtn to File Amended Complaint, #17 Order granting Mtn to Am Complaint, #18 Amended Complaint, #19 Def Murdock Hundai Answer to Am. Complaint, #20 HMA Answer to Am. Complaint, #21 Return of Service HMMA, #22 Certificate of Service, #23 HMMA Answer to Am. Complaint, #24 HMC answer to Am. Complaint, #25 Notice of Rule 16 Scheduling Conference, #26 Certificate of Service, #27 Certificate of Service, #28 Certificate of Service, #29 Murdock Hyundai Statement, #30 Notice of Depositions, #31 Order re Stipulated Protective Order, #32 Pla Notice of Appearance, #33 Certificate of Service, #34 Notice of Depositions, #35 Case Management Order, #36 Notice of Depositions, #37 Acceptance of Service G Haymond, #38 Acceptance of Service D. Hood, #39 Mtn to File Cross Claim, #40 Mtn to File Cross Claim Ex A, #41 Notice of Status Conference, #42 Notice of Deposition T Harvey-A Petersen, #43 Notice of Depostion G. Webster, #44 Am Notice of Deposition G Webster, #45 Notice of Deposition G. Hodson, #46 Notice of Deposition J Palmer, #47 Notice of Dismissal of 3rd pty claim, #48 Substitution of Counsel, #49 Notice of Withdrawal of Mtn to file crossclaim, #50 Certificate of Service, #51 Motion for Partial Summay Judgment, #52 Mtn to Dismiss Def HMMA, #53 Mtn in Limine, #54 Stip Mtn to Am Pretrial Conf and Trial, #55 Order re Mtn to Am Pretrial Conf and Trial, #56 Certificat of Readiness, #57 Order of Dismissal HMMA, #58 Mtn to Extend Opp and Reply Deadlines, #59 Hyundai's Opp to Mtn in Limine, #60 Ex A-1Hyundai's Opp to Mtn in Limine, #61 Ex A-2Hyundai's Opp to Mtn in Limine, #62 Ex B Hyundai's Opp to Mtn in Limine, #63 Hyundai's Opp to Mtn for Summary Judgment, #64 Notice of Appearance for Defs, #65 Reply Brief re MIL Def Expert Wit, #66 Def Supplement to Mtn for SJ, #67 Def Reply to Mtn for Partial SJ, #68 Joint Mtn for Jury Instructions, #69 Supp Response to Mtn for SJ, #70 Stipulated and Disputed Jury Instructions, #71 Mtn to File MIL, #72 MIL re Cause of Fire, #73 MIL to Exclude Manufacturing Defect Opinion, #74 Opposition to Mtn to File MIL, #75 MIL to Exclude Noneconomic Damages, #76 Def MIL to Exclude Damages re FMV, #77 Exhibit List pt 1, #78 Exhibit List pt 2, #79 Def Omnibus MIL, #80 Rule 51 Request, #81 Pla Objection to Def Pretrial Disclosure, #82 Def Objection to Pretrial Disclosure, #83 Pla Supplemental Pretrial Disclosure, #84 Notice of Oral Argument, #85 Mtn to Strike Def MIL, #86 Request re Jury Instructions, #87 Ruling and Order on Mtn for Summary Judgment, #88 Pla Opp to Omnibus MIL, #89 Pla Opp to MIL re FMV, #90 Pla Opp to MIL re Noneconomic Damages, #91 PLa Opp to MIL re Cause of Fire, #92 Def Opp to Mtn to Strike, #93 Opp to Jury Instructions, #94 Opp to MIL to Exclude Manufacturing defect opinion, #95 Ex 1 Opp to MIL to Exclude Manufacturing defect opinion, #96 Teply in Support MIL re FMV, #97 Teply in Support MIL re Cause of Fire, #98 Reply in Support MIL re Mtn to Strike, #99 Preliminary Jury Instructions, #100 Mtn for Protected Filing, #101 Order grantingMtn for Protected Filing, #102 Bench Brief re Expert Opinions, #103 Mtn for Directed Verdict, #104 Supp to Mtn for Directed Verdict, #105 Mtn for Sanctions, #106 Pla Designation of Expert Witnesses, #107 Pla Opp to Bench Brief, #108 Objections to Special Verdict, #109 Mtn to Limit, #110 Pla Submission for Alt Special Verdict Form, #111 Pla Revised Jury Instructions, #112 Pla Response to Supp Mtn for Directed Verdict, #113 Special Verdict Form, #114 Pla Memo of Costs, #115 Exhibit List, #116 Pla Obj to Mtn for Sanctions, #117 Pla Memo of Costs Ex 1, #118 Order to Show Cause P Hansen, #119 Order to Show Cause P Crookston, #120 Def Obj to Petition for Costs, #121 Response to Def Obj to Petition, #122 Response to Def Obj to Proposed Judgment, #123 Mtn to Strike Response re Obj, #124 Mtn for Prejudgment Interest, #125 Opp to Mtn for Prejudgment Interest, #126 Mtn to Amend Hearing, #127 Order granting Mtn to Am Hearing, #128 Memo Pla Reply to Mtn for Prejudgment Interest, #129 Ruling and Order on Mtn for Prejudgment Interest, #130 Order re Pla Costs, #131 Notice of Withdrawal of Counsel, #132 Judgment on Jury Verdict, #133 Pla Mtn for Atty Fees, #134 Ex A Pla Mtn for Atty Fees, #135 Ex B Pla Mtn for Atty Fees, #136 Ex C Pla Mtn for Atty Fees, #137 App for Writ of Garnishment, #138 Mtn for Overlength Mtn for Judgment, #139 Order granting Mtn for Overlength Mtn for Judgment, #140 Writ of Garnishment, #141 Def Mtn for Judment-New Trial, #142 Ex 1 pt 1 Def Mtn for Judment-New Trial, #143 Ex 1 pt 2 Def Mtn for Judment-New Trial, #144 Ex 1 pt 3 Def Mtn for Judment-New Trial, #145 Ex 2-5 Def Mtn for Judment-New Trial, #146 Ex 6-8 Def Mtn for Judment-New Trial, #147 Ex 9 pt 1 Def Mtn for Judment-New Trial, #148 Ex 9 pt 2 Def Mtn for Judment-New Trial, #149 Ex 10-16 Def Mtn for Judment-New Trial, #150 Ex 17-18 Def Mtn for Judment-New Trial, #151 Ex 19-20 Def Mtn for Judment-New Trial, #152 Mtn to Amend Judgment, #153 Application for With of Execution, #154 Order granting Mtn for Protected filing, #155 Return of Service Writ of Garnishment FIC, #156 Pla obj to Exparte Request for Hrg or Stay, #157 Exparte request for Hrg or stay, #158 Order granting request Exparte Hrg or Stay, #159 Writ of Execution, #160 Mtn for Expedited Briefing Hrg and Decision, #161 Notice of Appeaance for Defs, #162 Order granting Mtn Expedited Briefing Hrg and Decision, #163 Order granting Mtn for Extension re Full Transcript, #164 Notice of Compliance with Court Order, #165 Def Memo in Opp to Mtn to Am Judgment, #166 Def Memo in Opp to Pla Mtn for Atty Fees, #167 Reply re Pla Mtn for Atty Fees, #168 Reply in support re Pla Mtn to Amend, #169 Pla Mtn to Strike and Reinstate Writ of Garnishment, #170 Pla Mtn to Strike and Reinstate Writ of Execution, #171 Pla Opp to Mtn to Stay Enforcement of Judgment, #172 Notice of Oral Argument, #173 Notice of Removal of Writ of Garnishment) (nl) |
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Filing 5
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 . See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 8/5/2019. (nl) Modified on 8/5/2019 to correct dates given in the order. (nl).
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| 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 Garnishee Federal Insurance Company, Defendants Hyundai Motor America, Hyundai Motor Company, Hyundai Motor Manufacturing Alabama, Murdock Hyundai, Plaintiffs Gloria Peterson, Larry Peterson. Form due by 8/19/2019. (nl) |
| Filing 3 NOTICE OF ADR, e-mailed or mailed to Garnishee Federal Insurance Company, Defendants Hyundai Motor America, Hyundai Motor Company, Hyundai Motor Manufacturing Alabama, Murdock Hyundai, Plaintiffs Gloria Peterson, Larry Peterson. (nl) |
| Filing 2 NOTICE OF REMOVAL from 4th District Court - Utah County, Provo Department, case number 160401657, (Filing fee $ 400, receipt number 1088-3339719) filed by Federal Insurance Company. (Attachments: #1 Exhibit 1 - Amended Complaint & Jury Demand, #2 Exhibit 2 - Judgment, #3 Exhibit 3 - Writ of Garnishment - Service of Process, #4 Civil Cover Sheet DN 1 - Civil Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Mastrorocco, Jennifer) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Garnishee Federal Insurance Company 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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