Priority Auto Group, Inc. v. Ford Motor Company
| Priority Auto Group, Inc. |
| Ford Motor Company |
| 2:2012cv00492 |
| August 30, 2012 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Chesapeake City |
| Lawrence R Leonard |
| Rebecca Beach Smith |
| Contract: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 66 AMENDED Opinion of USCA (Copy) re #59 Notice of Appeal attached copy of judgment will not take effect until issuance of the mandate. (13-1696) (tbro) |
| Filing 65 USCA Mandate re #59 Notice of Appeal : The judgment of this court, entered June 26, 2014, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (13-1696) (bgra) |
| Filing 64 USCA JUDGMENT as to #59 Notice of Appeal filed by Priority Auto Group, Inc. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate. (13-1696) (tbro) |
| Filing 63 Opinion of USCA (Copy) re #59 Notice of Appeal (13-1696) (tbro) |
Filing 62
ORDER of USCA as to #59 Notice of Appeal filed by Priority Auto Group, Inc. The court grants the motion of Christopher T. Handman to withdraw from further representation on appeal. (13-1696) (tbro)
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| Filing 61 USCA Case Number 13-1696 USCA Case Mgr. S.E. Nagle for #59 Notice of Appeal filed by Priority Auto Group, Inc. (mwin, ) |
| Filing 60 Transmission of Notice of Appeal to US Court of Appeals re #59 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: #1 Notice of Appeal)(mwin, ) |
| Filing 59 NOTICE OF APPEAL by Priority Auto Group, Inc.. Filing fee $ 455, receipt number 0422-3534488. (Weiss, Brad) |
| Filing 58 CLERK'S JUDGMENT pursuant to the Court's Final Order, granting defendant Ford Motor Company's motion for partial judgment on the pleadings and dismissing Counts I through III of the complaint with prejudice. Count IV of the complaint is dismissed with prejudice by the Court, pursuant to the parties' joint stipulation. Signed by the Clerk and filed on 5/15/13. (mwin, ) |
| Filing 57 FINAL ORDER denying plaintiff's #52 Motion to Certify Question to Supreme Court of Virginia; adopting and approving in full the findings and recommendations set forth in #40 Report and Recommendations; granting defendant's #13 Motion for Partial Judgment on the Pleadings; dismissing Counts I through III of the Complaint with prejudice. Pursuant to the parties' joint stipulation, the Court dismisses with prejudice Count IV. Signed by Chief District Judge Rebecca Beach Smith and filed on 5/15/13.(mwin, ) |
| Filing 56 Reply to Response re #52 MOTION to Certify Question to Supreme Court of Virginia filed by Priority Auto Group, Inc.. (Weiss, Brad) Modified on 5/6/2013 to link to the motion (mwin, ). |
| Notice of Correction re #56 Reply: The filing should have been linked to the subject motion. The clerk has made the correction. (mwin, ) |
| Filing 55 Response to #51 Objection, Ford Motor Company's Response to Priority Auto Group, Inc.'s Objections to Magistrate Judge's Report and Recommendation filed by Ford Motor Company. (Cromwell, Richard) |
| Filing 54 Opposition to #53 Memorandum in Support, #52 MOTION to Certify Question to Supreme Court of Virginia filed by Ford Motor Company. (Cromwell, Richard) |
| Filing 53 Memorandum in Support re #52 MOTION to Certify Question to Supreme Court of Virginia filed by Priority Auto Group, Inc.. (Weiss, Brad) |
| Filing 52 MOTION to Certify Question to Supreme Court of Virginia by Priority Auto Group, Inc.. (Attachments: #1 Proposed Order)(Weiss, Brad) |
| Filing 51 Objection to #40 REPORT AND RECOMMENDATIONS re #32 MOTION for Leave to File re #30 Memorandum in Support, to Exceed Page Limitations MOTION re #30 Memorandum in Support, filed by Ford Motor Company, #27 MOTION for Leave to File < filed by Priority Auto Group, Inc.. (Weiss, Brad) |
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Filing 50
ORDER granting #45 Joint Motion to Continue. Signed by Chief District Judge Rebecca Beach Smith and filed on 4/15/2013. (rsim, )
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| Filing 49 NOTICE by Priority Auto Group, Inc. re #45 Joint MOTION to Continue (for Continuance) Proposed Order (Attachments: #1 Proposed Order)(Weiss, Brad) |
| Filing 48 NOTICE by Priority Auto Group, Inc. re #45 Joint MOTION to Continue (for Continuance) Proposed Order (Weiss, Brad) |
| Filing 47 STIPULATION of Dismissal (Joint Stipulation of Dismissal of Count IV) by Ford Motor Company, Priority Auto Group, Inc.. (Cromwell, Richard) |
| Notice of Correction re #48 NOTICE - Document 48 is an incomplete, and incorrect document. A pleading entitled Notice should have been filed with the Proposed Order attached to the "Notice" pleading and linked back to the motion. Also, there is no certificate of service on this document. The filing user has been notified to refile the document. (rsim, ) |
| Filing 45 Joint MOTION to Continue (for Continuance) by Ford Motor Company, Priority Auto Group, Inc.. (Cromwell, Richard) |
| Filing 44 Memorandum in Support re #43 MOTION to Exclude Plaintiff's Expert filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cromwell, Richard) |
| Filing 43 MOTION to Exclude Plaintiff's Expert by Ford Motor Company. (Cromwell, Richard) |
| Filing 42 Memorandum in Support re #41 MOTION in Limine filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cromwell, Richard) |
| Filing 41 MOTION in Limine by Ford Motor Company. (Cromwell, Richard) |
| Filing 40 REPORT AND RECOMMENDATIONS re #32 MOTION for Leave to File re #30 Memorandum in Support, to Exceed Page Limitations MOTION re #30 Memorandum in Support, filed by Ford Motor Company, #27 MOTION for Leave to File Amended Complaint Ad Damnum Clause filed by Priority Auto Group, Inc., #13 MOTION for Judgment on the Pleadings filed by Ford Motor Company. Signed by Magistrate Judge Lawrence R. Leonard and filed on 4/1/13. Copies distributed to all parties 4/1/13.(ldab, ) |
| Filing 39 Request for Hearing by Ford Motor Company re #30 Memorandum in Support, #29 MOTION for Summary Judgment as to Counts I, II, and III, #34 Opposition,, #37 Reply to Response to Motion (Cromwell, Richard) |
| Filing 38 REFERRAL ORDER re defendant's #29 Motion for Summary Judgment as to Counts I, II, and III, designating U.S. Magistrate Judge Lawrence R. Leonard to conduct hearings, to submit recommendations to the district judge for the disposition of the matter. Signed by Chief District Judge Rebecca Beach Smith and filed on 3/29/13. (mwin, ) |
| Filing 37 REPLY to Response to Motion re #29 MOTION for Summary Judgment as to Counts I, II, and III filed by Ford Motor Company. (Cromwell, Richard) |
| MOTION REFERRED to Magistrate Judge Lawrence R. Leonard: #32 MOTION for Leave to File re #30 Memorandum in Support, to Exceed Page Limitations (mwin, ) |
| Notice of Correction re #34 Opposition: Counsel did not link the opposition brief to the motion opposed. The clerk will correct the error. In future filings, counsel should link all briefs to the appropriate motion. (mwin, ) |
| Filing 36 NOTICE by Priority Auto Group, Inc. re #34 Opposition, Notice of Submission (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Weiss, Brad) |
| Filing 35 NOTICE by Priority Auto Group, Inc. re #34 Opposition, of Submission (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Weiss, Brad) |
| Filing 34 Opposition re #29 MOTION for Summary Judgment as to Counts I, II, and III by Ford Motor Company, filed by Priority Auto Group, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(Weiss, Brad) Modified on 3/25/2013 to link to #29 motion.(mwin, ) |
| MOTION REFERRED to Magistrate Judge Lawrence R. Leonard: #27 MOTION for Leave to File Amended Complaint Ad Damnum Clause (mwin, ) |
| Filing 33 Memorandum in Support re #32 MOTION for Leave to File re #30 Memorandum in Support, to Exceed Page Limitations MOTION re #30 Memorandum in Support, filed by Ford Motor Company. (Attachments: #1 Proposed Order)(Abrams, Kenneth) |
| Filing 32 MOTION for Leave to File re #30 Memorandum in Support, to Exceed Page Limitations, MOTION re #30 Memorandum in Support, by Ford Motor Company. (Abrams, Kenneth) |
| Filing 31 NOTICE by Ford Motor Company re #30 Memorandum in Support, Notice of Submission for Exhibits G-N (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L, #7 Exhibit M, #8 Exhibit N)(Abrams, Kenneth) |
| Filing 30 Memorandum in Support re #29 MOTION for Summary Judgment as to Counts I, II, and III filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C- Depo Ex 2, #5 Exhibit C - Depo Ex 3, #6 Exhibit C- Depo Ex 5, #7 Exhibit D, #8 Exhibit E, #9 Exhibit E - Depo Ex 10, #10 Exhibit E- Depo Ex 27, #11 Exhibit E - Depo Ex 28, #12 Exhibit F)(Abrams, Kenneth) |
| Filing 29 MOTION for Summary Judgment as to Counts I, II, and III by Ford Motor Company. (Abrams, Kenneth) |
| Notice of Correction re #30 Memorandum in Support: The memorandum exceeds the 30-page limit provided by Local Rule 7, and leave of court is required for the filing. Counsel is notified that the 30-page count includes unnumbered pages such as table of contents and caption page. (mwin, ) |
| Filing 28 Opposition to #27 MOTION for Leave to File Amended Complaint Ad Damnum Clause filed by Ford Motor Company. (Abrams, Kenneth) |
| Filing 27 MOTION for Leave to File Amended Complaint Ad Damnum Clause by Priority Auto Group, Inc.. (Attachments: #1 Proposed Order, #2 Amended Complaint)(Weiss, Brad) |
| Filing 26 TRANSCRIPT of proceedings for dates of 01/10/2013, before Judge Lawrence R. Leonard, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 2/19/2013. Redacted Transcript Deadline set for 3/20/2013. Release of Transcript Restriction set for 4/18/2013.(stewart, jody) |
| Filing 25 Minute Entry for proceedings held before Magistrate Judge Lawrence R. Leonard; Jody Stewart, OCR. Matter came on for hearing on ECF #13 Motion for Judgment on the Pleadings filed by Ford Motor Company. Appearances Brad Weiss for plaintiff and Kurt Williams and Richard Cromwell for defendant. Comments of Court. Argument of counsel. Comments of court. Court to prepare Report and Recommendation. Court in recess.(afor) |
| Filing 24 Rule 26 Disclosure by Priority Auto Group, Inc.. (Attachments: # 1 Exhibit)(Weiss, Brad) |
| Notice of Correction re 24 Rule 26 Disclosure: Counsel is reminded that disclosures are NOT to be filed, pursuant to Federal Rule 5(d)(1) and paragraph three of the Rule 16(b) Scheduling Order. The Clerk will remove the document.(mwin, ) |
| Motion Hearing re #13 set for 1/10/2013 at 10:00 AM in Norfolk Mag Courtroom 1 with OCR before Magistrate Judge Lawrence R. Leonard. (lwoo) |
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Filing 23
JOINT PROTECTIVE ORDER, entered 11/14/12 and filed 11/15/12. (Signed by Magistrate Judge Lawrence R. Leonard on 11/15/12). (ecav, ) (Additional attachment(s) added on 11/16/2012: #1 Letter) (ecav, ).
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Filing 22
ORDER on #21 Consent Motion for Entry of Joint Protective Order. The Court GRANTS the Motion in part to all provisions of the Proposed Joint Protective Order with the exception of paragraph 11, which is DENIED and STRUCK, noting sealing provisions requirements of Local Civil Rule 5(c). (See Order for Specifics) Entered and filed 11/14/12. (Signed by Magistrate Judge Lawrence R. Leonard on 11/14/12). (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. #21 Consent MOTION for Protective Order. Agreed Order placed in Judge Leonard's box. (ecav, ) |
| Filing 21 Consent MOTION for Protective Order by Ford Motor Company. (Attachments: #1 Proposed Protective Order)(Cromwell, Richard) |
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Filing 20
ORDER designating U.S. Magistrate Judge Lawrence R. Leonard to conduct hearings, including evidentiary hearings, and submit to U.S. District Judge proposed findings of fact and recommendations for disposition by a U.S. District Judge of Motion For Partial Judgment on the Pleadings (ECF #13). Entered and filed 11/6/12. (Signed by District Judge Rebecca Beach Smith on 11/6/12). (ecav, ) Modified on 3/29/2013 to add reference to motion. (mwin, )
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| Filing 19 Request for Hearing by Ford Motor Company re #16 Opposition, #14 Memorandum in Support, #13 MOTION for Judgment on the Pleadings, #18 Reply to Response to Motion (Cromwell, Richard) |
| Filing 18 REPLY to Response to Motion re #13 MOTION for Judgment on the Pleadings filed by Ford Motor Company. (Cromwell, Richard) |
| Filing 17 Rule 26 Disclosure by Priority Auto Group, Inc.. (Weiss, Brad) |
| Notice of Correction re 17 Rule 26 Disclosure. The clerk is removing Doc. 17 from the docket text. Rule 26 Disclosure documents are not to be filed with the court. (ecav, ) |
| Filing 16 Opposition to Defendant's #13 Motion for Partial Judgment filed by Priority Auto Group, Inc.. (Attachments: #1 Exhibit A - Statement of Material Facts in Dispute, #2 Exhibit B - Affidavit of Dennis Ellmer, #3 Exhibit C - Letter)(Weiss, Brad) Modified on 10/30/2012 to link Doc. 16 back to the appropriate motion - counsel did not do so (ecav). |
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Filing 15
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference is set for 4/19/2013 at 11:00 AM in Norfolk. Jury Trial set for 5/7/2013 at 11:00 AM in Norfolk. Signed by District Judge Rebecca Beach Smith on October 17, 2012. (sche)
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| Scheduling Conference - Rule 16b held on 10/17/2012. (sche) |
| Filing 14 Memorandum in Support re #13 MOTION for Judgment on the Pleadings filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cromwell, Richard) |
| Filing 13 MOTION for Judgment on the Pleadings by Ford Motor Company. (Cromwell, Richard) |
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Filing 12
ORDER GRANTING #11 Motion for Stephen Michael Bledsoe to appear as Pro hac vice for Ford Motor Company. Entered and filed 10/10/12. (Signed by District Judge Rebecca Beach Smith on 10/10/12). (ecav, )
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| Filing 11 Motion to appear Pro Hac Vice by Stephen Michael Bledsoe and Certification of Local Counsel Richard J. Cromwell Filing fee $ 75, receipt number 0422-3234340. by Ford Motor Company. (Cromwell, Richard) |
| Case reassigned to Magistrate Judge Lawrence R. Leonard. Magistrate Judge F. Bradford Stillman no longer assigned to the case. (jcow, ) |
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Filing 10
ORDER GRANTING #9 Motion for Kurt David Williams to appear as Pro hac vice for Ford Motor Company. Entered and filed 9/25/12. (Signed by District Judge Rebecca Beach Smith on 9/25/12). (ecav, )
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| Filing 9 Motion to appear Pro Hac Vice by Kurt David Williams and Certification of Local Counsel Richard J. Cromwell Filing fee $ 75, receipt number 0422-3215797. by Ford Motor Company. (Cromwell, Richard) |
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Filing 8
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 10/17/2012 at 09:00 AM in Norfolk. Signed by Magistrate Judge F. Bradford Stillman and filed on September 19, 2012. (sche)
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Filing 7
ORDER, AGREED, that Defendant Ford Motor Company is hereby granted an extension of time in which to serve objections to Plaintiff's discovery served with the Complaint up to and including 9/21/12. Entered and filed 9/18/12. (Signed by Magistrate Judge F. Bradford Stillman on 9/18/12. (Attachments: #1 Letter)(ecav, )
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| Referred for 16(b). (ecav, ) |
| Filing 6 Financial Interest Disclosure Statement (Local Rule 7.1) by Priority Auto Group, Inc.. (Weiss, Brad) |
| Filing 5 Magistrate Judge Notice and Judge's Information to counsel. (mwin, ) |
| Filing 4 Financial Interest Disclosure Statement (Local Rule 7.1) by Ford Motor Company. (mwin, ) |
| Filing 3 COPY of ANSWER to Complaint filed in state court (Notice of Removal) by Ford Motor Company. (Attachments: #1 Letter)(mwin, ) |
| Filing 2 COPY of NOTICE filed in state court by Ford Motor Company (Attachments: #1 Letter)(mwin, ) |
| Filing 1 NOTICE OF REMOVAL from Norfolk Circuit Court, case number CL12-5380 (Filing fee $350, receipt number 24683016789), filed by Ford Motor Company. (Attachments: #1 Exhibit A, Part One - state complaint with jury demand, #2 Exhibit A, Part Two, #3 Exhibit A, Part Three - Attachments, #4 Exhibit B - Affidavit, #5 Receipt, #6 Civil Cover Sheet, #7 Letter)(mwin, ) |
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