Smith et al v. Ford Motor Company
| Christian Smith, Shysen Pinero, Fainuu Soliai, Nicole Pinero and Jadee Rose Smith |
| Ford Motor Company |
| 4:2020cv00046 |
| May 13, 2020 |
| US District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
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Filing 95
STIPULATED ORDER DISMISSING CASE With Prejudice- CASE CLOSED. Magistrate Judge Paul Kohler no longer assigned to case. Signed by Judge David Nuffer on 12/1/21 (alt)
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| Filing 94 STIPULATION of Dismissal with Prejudice by Ford Motor Company. (Davis, Dawn) |
| Filing 93 Minute Entry for proceedings held before Judge David Nuffer: Status Conference held on 11/30/2021. Counsel, court, and court reporter present by Zoom video conference. Discussion heard on the current status of settlement. Counsel reports that they are planning on filing a notice to dismiss as soon as they are able. Court adjourned Attorney for Plaintiff: Joshua Berrett, Attorney for Defendant: Dawn Davis. Court Reporter: Kelly Sommerville.(Time Start: 10:00, Time End: 10:6, Room 2B St. George-Zoom.)(pjd) |
| Filing 92 NOTICE OF VIDEO HEARING: Status Conference set for 11/30/2021 at 10:00 AM Zoom Video Conference before Judge David Nuffer. Hearing set to check on Settlement Status. Conference link will be emailed to counsel and court reporter by Outlook calendar invitation. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email dj.nuffer@utd.uscourts.gov to obtain conference information. (pjd) |
| Filing 91 NOTICE VACATING Jury Trial and FPT HEARING set for 2/14/2022 at 08:15 AM before Judge Nuffer. Trial vacated due to Defendants #90 Notice of Settlement. (pjd) |
| Filing 90 NOTICE of Settlement by Ford Motor Company (Davis, Dawn) |
| Filing 88 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Zoom Recorded Motion Hearing held on August 26, 2021 before Judge Magistrate Judge Paul Kohler. Court Reporter/Transcriber Kelly Brown Hicken, RMR, RPR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2021. Redacted Transcript Deadline set for 9/30/2021. Release of Transcript Restriction set for 11/29/2021. (jrj) Modified by removing restricted text on 11/30/2021 (nmt). |
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Filing 87
DOCKET TEXT ORDER granting in part and denying in part #70 Motion for Short Term Discovery Signed by Magistrate Judge Paul Kohler on 8/4/2021. No attached document. (jlh)
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Filing 86
DOCKET TEXT ORDER granting #69 Motion for Discovery Signed by Magistrate Judge Paul Kohler on 8/4/2021. No attached document. (jlh)
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| Filing 85 Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Motion Hearing held on 8/4/2021 re #70 MOTION for Short Form Discovery re: Quash Subpoena filed by Fainuu Soliai, Christian Smith, Jadee Rose Smith, Nicole Pinero, #69 Defendant's MOTION for Discovery (Short form) filed by Ford Motor Company. All parties appearing via Zoom. #69 Defendant Ford Motor Companys Short Form Discovery MotionThe Court held a status conference on August 4, 2021. Defendant Ford Motor Companys Short Form Discovery Motion is GRANTED as described by the parties on the record. #70 Plaintiffs Short Form Discovery MotionThe Court held a status conference on August 4, 2021. The parties have been working on requests for production and interrogatories at the Courts request. Plaintiffs Short Form Discovery Motion is GRANTED IN PART and DENIED IN PART as described on the record.Separate DTO: Scheduling OrderThe deadlines for filing dispositive or potentially dispositive motions and motions to exclude expert testimony are continued from August 24, 2021 to September 17, 2021. All settlement and trial deadlines in the #63 Second Amended Scheduling Order remain unchanged. Attorney for Plaintiff: Josh Barrett, Attorney for Defendant: Vaughn Crawford, Dawn Davis. Court Reporter: Electronic.(Time Start: 9:59, Time End: 10:45, Room 2B St. George.)(jlh) |
| Filing 84 NOTICE of Ford Motor Company's Notice of De-Designation of Expert Witnesses by Ford Motor Company re #55 Designation of Experts, (Davis, Dawn) |
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Filing 83
ORDER SETTING HEARING Status Conference set for 8/4/2021 at 10:00 AM in Room 2B (St George) before Magistrate Judge Paul Kohler. Signed by Magistrate Judge Paul Kohler on 7/14/2021. (jlh)
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Filing 82
**SEALED DOCUMENT** ORDER granting #58 Motion to Seal Document Signed by Magistrate Judge Paul Kohler on 7/14/2021. (jlh)
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Filing 81
DOCKET TEXT ORDER denying #57 Motion for Sanctions Signed by Magistrate Judge Paul Kohler on 7/14/2021. No attached document. (jlh)
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Filing 80
DOCKET TEXT ORDER granting #56 Motion to Enforce; granting #56 Motion for Sanctions Signed by Magistrate Judge Paul Kohler on 7/14/2021. No attached document. (jlh)
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Filing 79
DOCKET TEXT ORDER denying #49 Motion to Amend/Correct Signed by Magistrate Judge Paul Kohler on 7/14/2021. No attached document. (jlh)
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| Filing 78 Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Motion Hearing held on 7/14/2021 re #56 MOTION to Enforce Protective Order and MOTION for Sanctions filed by Ford Motor Company, #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses filed by Fainuu Soliai, Christian Smith, Jadee Rose Smith, Nicole Pinero, #58 MOTION to Seal Document #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses filed by Fainuu Soliai, Christian Smith, Jadee Rose Smith, Nicole Pinero, #49 MOTION to Amend/Correct #35 Amended Complaint filed by Fainuu Soliai, Christian Smith, Jadee Rose Smith, Nicole Pinero. All parties present via Zoom. Plaintiffs Motion to Amend Complaint to Add Claims for Fraudulent Concealment and for Punitive Damages #49 For the reasons stated on the record, Plaintiffs Motion to Amend Complaint to Add Claims for Fraudulent Concealment and for Punitive Damages is DENIED.Ford Motor Companys Motion to Enforce Protective Order and for Sanctions #56 For the reasons stated on the Record, Ford Motor Companys Motion to Enforce Protective Order and for Sanctions is GRANTED. Sanctions are limited to defendants costs associated with the Motion. If defendant seeks such costs, defendant is to submit an accounting and proposed order no later than August 4, 2021.Plaintiffs Motion for Sanctions due to Ford Motor Companys Discovery Abuses #57 For the reasons stated on the record, Plaintiffs Motion for Sanctions due to Ford Motor Companys Discovery Abuses is DENIED.Plaintiffs Motion to File Under Seal Plaintiffs Motion for Sanctions due to Ford Motor Companys Discovery Abuses #58 For the reasons stated on the record, Plaintiffs Motion to File Under Seal Plaintiffs Motion for Sanctions due to Ford Motor Companys Discovery Abuses is GRANTED. Attorney for Plaintiff: Josh Berrett, Attorney for Defendant: Vaughn Crawford, Dawn Davis. Court Reporter: Electronic.(Time Start: 10:00, Time End: 11:22, Room 2B St. George.)(jlh) |
| Filing 77 RESPONSE to Motion re #69 Defendant's MOTION for Discovery (Short form) filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Berrett, Joshua) |
| Filing 76 Defendant's RESPONSE to Motion re #70 MOTION for Short Form Discovery re: Quash Subpoena filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Leiss Deposition Notice)(Davis, Dawn) |
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Filing 75
ORDER Setting Hearing on Motion #56 MOTION to Enforce Protective Order and MOTION for Sanctions , #58 MOTION to Seal Document #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses, #49 MOTION to Amend/Correct #35 Amended Complaint, #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses, #70 MOTION for Short Form Discovery re: Quash Subpoena , #69 Defendant's MOTION for Discovery (Short form) : Motion Hearing set for 7/14/2021 at 10:00 AM in Room 2B (St George) before Magistrate Judge Paul Kohler. This hearing will be held through Zoom. A link will be emailed to counsel. Signed by Magistrate Judge Paul Kohler on 7/8/2021. (jlh)
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| Filing 74 REPLY to Response to Motion re #56 MOTION to Enforce Protective Order and MOTION for Sanctions , #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses, #58 MOTION to Seal Document #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Berrett, Joshua) |
| Filing 73 REQUEST to Submit for Decision re #56 MOTION to Enforce Protective Order and MOTION for Sanctions filed by Defendant Ford Motor Company. (Davis, Dawn) |
| Filing 72 Defendant's REPLY to Response to Motion re #56 MOTION to Enforce Protective Order and MOTION for Sanctions filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Executed ESC Compilation Agreements)(Davis, Dawn) |
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Filing 71
DOCKET TEXT ORDER taking under advisement #49 Motion to Amend/Correct; taking under advisement #56 Motion to Enforce; taking under advisement #56 Motion for Sanctions; taking under advisement #57 Motion for Sanctions; taking under advisement #58 Motion to Seal Document ; taking under advisement #69 Motion for Discovery; taking under advisement #70 Motion for Short Term Discovery (the "Pending Motions"). The parties must file any reply to the #56 and #57 Motions for Sanctions by Wednesday, July 7, 2021. The parties must file their oppositions to the #69 and #70 Motions for Discovery by Friday, July 9, 2021. A hearing will be scheduled to decide the Pending Motions. Signed by Magistrate Judge Paul Kohler on 7/2/2021. No attached document. (anf)
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| Filing 70 MOTION for Short Form Discovery re: Quash Subpoena filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. Motions referred to Paul Kohler.(Berrett, Joshua) |
| Filing 69 Defendant's MOTION for Discovery (Short form) filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - NOI SDT to 3P Consumer Reports, #2 Exhibit B - Plaintiff 2nd Interrogatories, #3 Exhibit C - Plaintiff 2nd Requests for Production, #4 Exhibit D - Plaintiff 3rd Requests for Production) Motions referred to Paul Kohler.(Davis, Dawn) |
| Filing 68 RESPONSE to Motion re #56 MOTION to Enforce Protective Order and MOTION for Sanctions filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Berrett, Joshua) |
| Filing 67 AFFIDAVIT/DECLARATION of Dawn L. Davis in Opposition re #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit 1 part 1 - Ford Resp to 1st RFPs, #2 Exhibit 1 part 2 - Ford Resp to 1st RFPs, #3 Exhibit 2 - Excerpts from Leiss Depo 2021 0622)(Davis, Dawn) |
| Filing 66 Defendant's RESPONSE to Motion re #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses filed by Defendant Ford Motor Company. (Davis, Dawn) |
| Filing 65 NOTICE of SUPPLEMENTAL AUTHORITY by Ford Motor Company re #50 Response to Motion, (Attachments: #1 Exhibit A - Excerpts of Peter James Leiss Deposition) (Davis, Dawn) |
| Filing 64 REQUEST to Submit for Decision re #50 Response to Motion, #53 Reply Memorandum/Reply to Response to Motion, #49 MOTION to Amend/Correct #35 Amended Complaint filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Berrett, Joshua) |
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Filing 63
ORDER granting #62 Motion for Second Amended Scheduling Order. Signed by Magistrate Judge Paul Kohler on 6/24/21 (alt)
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| Filing 62 Stipulated MOTION for Amended Scheduling Order filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Attachments: #1 Text of Proposed Order Proposed Second Amended Scheduling Order) Motions referred to Paul Kohler.(Berrett, Joshua) Modified on 6/24/2021: corrected motion relief to "Amended scheduling Order" (alt) |
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Filing 61
DOCKET TEXT ORDER taking under advisement #56 Motion to Enforce; taking under advisement #56 Motion for Sanctions; taking under advisement #57 Motion for Sanctions; taking under advisement #58 Motion to Seal Document. Until the #56 , #57 , and #58 motions (the "Motions") have been fully briefed and decided, the documents filed as 51 Motion for Sanctions and 52 Withdrawal of the 51 Motion shall be sealed. The parties are advised that non-compliance with DUCivR 5-3 will be considered when the Motions are decided. The parties are also reminded to comply with all applicable local rules when briefing the Motions. So ordered by Magistrate Judge Paul Kohler on 6/17/21 (docket text only - no attached document) (alt)
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| Filing 60 CLERK'S NOTICE OF POSSIBLE ERROR re #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses. Description of possible error: The motion filed as #57 on the docket does not have any exhibits attached, whereas the version of the motion filed as 51 had multiple exhibits included. (alt) |
| Filing 59 NOTICE OF ERRORS re #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses, #58 MOTION to Seal Document #57 Redacted MOTION for Sanctions Due to Dft's Discovery Abuses. The #58 Motion incorrectly consists of more than simply a motion for leave to file sealed document and proposed order and is filed using the "Seal Document" motion relief instead of the "Leave to File Sealed Document" relief per DUCivR 5-3(b) and directions for filing under seal provided in the Administrative Procedures manual. Both entries were filed with repetitive text added to the entries. The clerk has removed the repetitive text from the entries and links to filings not identified in the motions. (alt) |
| Filing 58 MOTION to Seal Document #57 Redacted MOTION for Sanctions and Memorandum in Support Due to Dft's Discovery Abuses, filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. Motions referred to Paul Kohler.(Berrett, Joshua) Modified on 6/17/2021: removed repetitive text and incorrectly added links (alt) |
| Filing 57 Redacted MOTION for Sanctions and Memorandum in Support Due to Dft's Discovery Abuses filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. Motions referred to Paul Kohler.(Berrett, Joshua) Modified on 6/17/2021: removed repetitive entry text (alt) |
| Filing 56 MOTION to Enforce Protective Order and, MOTION for Sanctions filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Declaration of Dawn Davis, #2 Exhibit B - Standard Protective Order) Motions referred to Paul Kohler.(Davis, Dawn) |
| Filing 55 DESIGNATION OF EXPERTS Donald F. Tandy, Tandy Engineering & Associates, Inc., Gregory A. Miller, P.E., Collision Protection Sciences, LLC, Elizabeth H. Raphael, M.D., Delta V. Biomechanics, Inc., Michelle Vogler, Design Research Engineering, Robert Pascarella, Ford Motor Company, filed by Defendant Ford Motor Company.(Davis, Dawn) |
| Filing 54 NOTICE OF DEFICIENCY re 52 Withdrawal of Motion. The documents improperly attached to the entry are copies of everything already filed as entry 51 rather than a simple "Withdrawal of Motion" document indicating that the party is withdrawing a previously filed motion. The clerk will add text to the entry indicating this error. No other corrections need to be made at this time. (alt) |
| Filing 53 REPLY to Response to Motion re #49 MOTION to Amend/Correct and Memorandum in Support Plaintiffs' Motion to Amend Complaint to Add Claims for Fraudulent Concealment and for Damages Reply in Support of Plaintiffs' Motion to Amend Complaint to Add Claims for Fraudulent Concealment and for Punitive Damages filed by Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Berrett, Joshua) |
| Filing 50 Defendant's RESPONSE to Motion re #49 MOTION to Amend/Correct and Memorandum in Support Plaintiffs' Motion to Amend Complaint to Add Claims for Fraudulent Concealment and for Damages filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Declaration of R Pascarella)(Davis, Dawn) |
| Filing 49 MOTION to Amend/Correct #35 Amended Complaint, and Memorandum in Support filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Attachments: #1 Exhibit UHP Report, #2 Exhibit Fainuu Depo Trans, #3 Exhibit Scene Photos, #4 Exhibit Pascarella Depo Trans, #5 Exhibit Trandy Depo Trans, #6 Exhibit Pascarella 2018 Depo Trans, #7 Exhibit Travis Case Order, #8 Exhibit Travis Case Ford Opp, #9 Exhibit Amended Complaint) Motions referred to Paul Kohler.(Berrett, Joshua) Modified on 6/2/2021: added link and removed repetitive/incorrectly added text and terminated filer (alt) |
| Filing 48 DESIGNATION OF EXPERTS Peter Leiss Plaintiffs' Designation of Expert Witnesses filed by Plaintiffs Nicole Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai.(Berrett, Joshua) |
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Filing 47
DOCKET TEXT ORDER granting #43 Motion for Short Term Discovery. The defendants motion is granted as described on the record. Signed by Magistrate Judge Paul Kohler on 3/4/2021. No attached document. (jlh)
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| Filing 46 Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Motion Hearing held on 3/4/2021. On March 4, 2021 the court held a hearing regarding defendants Defendant For Motor Companys Short Form Discovery Motion. #43 . The defendants motion is granted as described on the record. Attorney for Plaintiff: Josh Berrett, Attorney for Defendant: Dawn Davis. Court Reporter: Electronic.(Time Start: 12:59, Time End: 1:38, Room 2B St. George.)(jlh) |
| Filing 45 RESPONSE to Motion re #43 Defendant's MOTION for Short Form Discovery re: Interrogatory No. 15 and Deposition Questions re Non-Privileged Communications filed by Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Berrett, Joshua) |
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Filing 44
ORDER SETTING HEARING Short Form Discovery Hearing set for 3/4/2021 at 01:00 PM in Room 2B (St George) before Magistrate Judge Paul Kohler. Signed by Magistrate Judge Paul Kohler on 3/2/2021. (jlh)
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| Filing 43 Defendant's MOTION for Short Form Discovery re: Interrogatory No. 15 and Deposition Questions re Non-Privileged Communications filed by Defendant Ford Motor Company. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - Fords Interrogatories, #3 Exhibit B - Plaintiffs Responses to Fords Interrogatories, #4 Exhibit C - 10/26/2020 Letter, #5 Exhibit D - F. Soliai Deposition, #6 Exhibit E - J. Smith Deposition) Motions referred to Paul Kohler.(Davis, Dawn) |
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Filing 42
ORDER granting #41 Motion for Amended Scheduling Order: Amended Pleadings due by 5/7/2021. Joinder of Parties due by 5/7/2021. Expert Discovery due by 7/27/2021. Motions due by 8/24/2021. Final Pretrial Conference set for 2/2/2022 at 10:00 AM in Room 2B (St George) before Judge David Nuffer. 10-Day Jury Trial set for 2/14/2022 at 08:15 AM in Room 2B (St George) before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 2/19/21 (alt)
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| Filing 41 Stipulated MOTION for Amended Scheduling Order and Memorandum in Support filed by Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Berrett, Joshua) Modified on 2/19/2021: corrected motion relief (alt) |
| Modification of Docket re #41 MOTION for Extension of Time to Complete Discovery. Error: Filer selected the wrong motion relief. Correction: Motion relief will be been corrected to "Amended Scheduling Order" so that all related deadlines can be updated with order. (alt) |
| Filing 40 STIPULATION re #37 Scheduling Order, by Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Attachments: #1 Text of Proposed Order Amended Scheduling Order)(Berrett, Joshua) |
| Filing 39 NOTICE of Plaintiffs' Proposed Deposition Plan by Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai (Berrett, Joshua) |
| Filing 38 NOTICE OF FILING of Ford Motor Company's Deposition Plan filed by Defendant Ford Motor Company. (Davis, Dawn) |
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Filing 37
SCHEDULING ORDER: Amended Pleadings due by 3/8/2021. Joinder of Parties due by 3/8/2021. Expert Discovery due by 5/28/2021. Motions due by 6/25/2021. Final Pretrial Conference set for 11/19/2021 at 01:30 PM in Room 2B (St George) before Judge David Nuffer. 10-Day Jury Trial set for 12/7/2021 at 08:30 AM in Room 2B (St George) before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 9/10/20 (alt)
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| Filing 36 ANSWER to #35 Amended Complaint, with Jury Demand filed by Ford Motor Company.(Davis, Dawn) |
| Filing 35 AMENDED COMPLAINT against Ford Motor Company with Jury Demand. New Plaintiffs: Nicole Pinero as parent and/or legal guardian of Shysen Pinero. Removed Plaintiffs: Shysen Pinero. filed by Jadee Rose Smith, Christian Smith, Fainuu Soliai, Nicole Pinero. (Berrett, Joshua) |
| Filing 34 RE-FILED CORRECTLY AS #35 AMENDED COMPLAINT - AMENDED COMPLAINT against All Plaintiffs with Jury Demand. New Plaintiffs: Nicole Pinero as parent and/or legal guardian of Shysen Pinero. Removed Plaintiffs: Shysen Pinero. filed by Jadee Rose Smith, Christian Smith, Fainuu Soliai, Nicole Pinero, Shysen Pinero. (Berrett, Joshua) Modified on 9/3/2020: added refiling ionfo (alt) |
| Filing 33 Minute Entry for proceedings held before Judge David Nuffer and Judge Kohler: Case Management & Scheduling Conference held on 8/26/2020. Counsel, court and court reporter present by Zoom video conference. Discussion held on scheduling order. Court adjourned. Attorney for Plaintiff: Jacob Leavitt, Joshua Berrett, Attorney for Defendant: Dawn David, Vaughn Crawdford. Court Reporter: Kelly Sommerville.(Time Start: 1:00, Time End: 1:31, Room 2B St. George.)(pjd) |
| Filing 32 Minute Entry for proceedings held before Judge David Nuffer: Status Conference held on 8/21/2020. Plaintiff's counsel is not present for the hearing set for today. Defense counsel attempted to contact Plaintiff's counsel without success. Case Management & Scheduling Conference reset for 8/26/2020 at 01:00 PM by Zoom Video Hearing before Judge David Nuffer. Conference link emailed to counsel and court reporter by Outlook calendar invitation. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email dj.nuffer@utd.uscourts.gov to obtain conference informationAttorney for Defendant Dawn Davis. Court Reporter: Kelly Sommerville.(Time Start: 1:40, Time End: 1:47, Room 2B St. George.)(pjd) |
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Filing 31
ORDER denying #3 Motion for Summary Judgment; granting #29 Motion to Amend/Correct Removed Complaint. Signed by Judge David Nuffer on 8/21/20 (alt)
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| Filing 30 NOTICE OF ERROR AND CORRECTING ACTION re #27 Affidavit/Declaration in Opposition to Motion. The document was filed contrary to DUCivR 7-1(b)(1)(A), combining a motion with a responsive pleading. To expedite ruling on pending SJ motion, filer was allowed to re-file the existing document as #29 Plaintiff's MOTION to Amend/Correct so that it can be ruled on in CM/ECF. (alt) |
| Filing 29 Plaintiff's MOTION to Amend/Correct #2 Notice of Removal, and Memorandum in Support (re Removed Complaint) filed by Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) Motions referred to Paul Kohler.(Berrett, Joshua) Modified on 8/21/2020: removed repetitive text (alt) |
| Filing 28 Supplemental MEMORANDUM in Support re #3 MOTION for Summary Judgment filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Declaration of Dawn Davis)(Davis, Dawn) |
| Filing 27 AFFIDAVIT/DECLARATION of Jacob Leavitt in Opposition re #3 MOTION for Summary Judgment filed by Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Attachments: #1 Exhibit 1 - Traffic Report, #2 Exhibit 2 - Scene Photos, #3 Exhibit 3 - Complaint)(Berrett, Joshua) |
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Filing 26
ORDER Regarding Jurisdiction. Signed by Judge David Nuffer on 7/28/20 (alt)
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Filing 25
ORDER converting #3 MOTION to Dismiss into a Motion for Summary Judgment. Signed by Judge David Nuffer on 7/28/20 (alt)
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| Filing 24 NOTICE of Subject Matter Jurisdiction by Ford Motor Company (Attachments: #1 Exhibit A - Case Summary, #2 Exhibit B - Police Report) (Davis, Dawn) |
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Filing 23
ORDER TO SHOW CAUSE - by no later than 7/27/20, Ford Motor Company must file a notice or response re subject matter jurisdiction. Signed by Judge David Nuffer on 7/13/20 (alt)
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| Filing 22 NOTICE OF HEARING ON MOTION re: #3 MOTION to Dismiss : Scheduling Conference and Oral Argument on Motion to Dismiss Hearing set for 8/21/2020 at 01:30 PM in Judges Chambers before Judge David Nuffer. (pjd) |
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Filing 21
DOCKET TEXT ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Jacob Leavitt for Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Magistrate Judge Paul Kohler on 7/7/20 (docket text only - no attached document) (alt)
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| Filing 20 REQUEST to Submit for Decision re #3 MOTION to Dismiss filed by Defendant Ford Motor Company. (Fowler, Tracy) |
| Filing 19 MOTION for Admission Pro Hac Vice of Jacob Leavitt , Registration fee $ 250, receipt number 005097,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Thomas, Glen) |
| Filing 18 REPLY to Response to Motion re #3 MOTION to Dismiss filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Declaration of D. Davis)(Fowler, Tracy) |
| Filing 17 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Jadee Rose Smith, Christian Smith, Fainuu Soliai, Nicole Pinero, Shysen Pinero as to Ford Motor Company served on 6/19/2020, answer due 7/10/2020. (Berrett, Joshua) |
| Filing 16 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Ford Motor Company. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kn) |
| Filing 15 Plaintiff's MEMORANDUM in Opposition re #3 MOTION to Dismiss Complaint filed by Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. Attorney Joshua P. Berrett added to party Nicole Pinero(pty:pla), Attorney Joshua P. Berrett added to party Shysen Pinero(pty:pla), Attorney Joshua P. Berrett added to party Christian Smith(pty:pla), Attorney Joshua P. Berrett added to party Jadee Rose Smith(pty:pla), Attorney Joshua P. Berrett added to party Fainuu Soliai(pty:pla)(Berrett, Joshua) |
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Filing 14
ORDER granting #13 Motion for Extension of Time to File Response/Reply re #3 MOTION to Dismiss: Response due by 6/17/2020. Signed by Magistrate Judge Paul Kohler on 6/11/20 (alt)
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| Filing 13 Stipulated MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Dismiss filed by Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. Motions referred to Paul Kohler.(Thomas, Glen) |
| Filing 12 NOTICE of Appearance by Glen R. Thomas on behalf of Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai (Thomas, Glen) |
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Filing 11
DOCKET TEXT ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Vaughn A. Crawford for Ford Motor Company.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Magistrate Judge Paul Kohler on 6/4/20 (docket text only - no attached document) (alt)
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| Filing 10 MOTION for Admission Pro Hac Vice of Vaughn A. Crawford , Registration fee $ 250, receipt number AUTDC-3595868,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit 1 - Application for PHV, #2 Text of Proposed Order Granting PHV)(Fowler, Tracy) |
| Filing 9 File Downloaded from XChangeWEB for 5th District Court, Iron Cnty, consisting of docket sheet and state court documents (Attachments: #1 St Court Complaint, #2 St Court Ntc of Removal) (alt) |
| Filing 8 NOTICE of Appearance by Tracy H. Fowler on behalf of Ford Motor Company (Fowler, Tracy) |
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 5/15/2020. (asb)
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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 Paul Kohler on 5/14/20 (alt)
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| Filing 5 NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (asb) |
| Filing 4 NOTICE OF ADR, e-mailed or mailed to Defendant Ford Motor Company, Plaintiffs Nicole Pinero, Shysen Pinero, Christian Smith, Jadee Rose Smith, Fainuu Soliai. (kn) |
| Filing 3 MOTION to Dismiss and Memorandum in Support Ford Motor Company's Motion to Dismiss Plaintiffs' Complaint filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Complaint)(Davis, Dawn) |
| Filing 2 NOTICE OF REMOVAL from Fifth Judicial District Court, Iron County, case number 200500035, (Filing fee $ 400, receipt number AUTDC-3574689) filed by Ford Motor Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Summons and Complaint, #3 Exhibit Exhibit B - Docket Sheet) Assigned to Judge David Nuffer (Davis, Dawn) |
| Filing 1 Case has been indexed and assigned to Judge David Nuffer. Defendant Ford Motor 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. (kn) |
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