Dodd et al v. Textron Specialized Vehicles Inc,et al
| David Dodd and Paula Dodd |
| Textron Inc, Textron Specialized Vehicles Inc and XYZ Company |
| 2:2022cv00032 |
| February 24, 2022 |
| US District Court for the Eastern District of Washington |
| Thomas O Rice |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| None |
Docket Report
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Filing 41
JURY TRIAL SCHEDULING ORDER: A Pretrial Conference is set for 10/19/2023 at 9:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. A Jury Trial is set for 10/30/2023 at 8:30 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. (BF, Paralegal)
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| Filing 40 Minute Entry for TELEPHONIC proceedings held before Judge Thomas O. Rice: Scheduling Conference held on 6/16/2022. (Reported by: Allison Anderson) (BF, Paralegal) |
| Filing 39 NOTICE RESETTING HEARING **TIME ONLY** BY COURT. The Telephonic Scheduling Conference set for 6/16/2022 at 8:15 AM is RESET TO 6/16/2022 at 9:00 AM before Judge Thomas O. Rice. The call-in instructions contained at ECF No. 36 remain the same. TEXT ONLY NOTICE; NO PDF ATTACHED.(BF, Paralegal) |
| Filing 38 STATUS REPORT Joint by Textron Specialized Vehicles Inc. (Blackburn, Joanne) |
| Filing 37 NOTICE RESETTING HEARING BY COURT - At the parties' request, the Telephonic Scheduling Conference set for 5/25/2022 is RESET TO 6/16/2022 at 8:15 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. The call-in instructions at ECF No. 36 remain the same. The parties' Joint Status Report is due no later than 6/2/2022. TEXT ONLY NOTICE; NO PDF ATTACHED.(BF, Paralegal) |
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Filing 36
ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. A Telephonic Scheduling Conference is set for 5/25/2022 at 9:00 AM before Judge Thomas O. Rice. The parties shall file a Joint Status Report no later than 5/11/2022. Signed by Judge Thomas O. Rice. (BF, Paralegal)
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Filing 35
ORDER: For good cause shown, Defendant Textron Specialized Vehicles, Inc.'s #28 Motion for Extension of Time to Answer or Otherwise Plead is GRANTED in part. Defendant Textron Specialized Vehicles, Inc. shall answer or otherwise plead on or before 3/15/2022. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal)
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| Filing 34 Defendant Textron Specialized Vehicles, Inc.'s ANSWER to Complaint for Personal Injury and Damages by Textron Specialized Vehicles Inc.(Blackburn, Joanne) |
| Filing 33 REPLY MEMORANDUM re #28 MOTION for Extension of Time to File Answer or Otherwise Plead filed by Textron Specialized Vehicles Inc. (Attachments: #1 Text of Proposed Order Proposed Order)(Blackburn, Joanne) |
| Filing 32 RESPONSE to Motion re #28 MOTION for Extension of Time to File Answer or Otherwise Plead filed by All Plaintiffs. (West, Patrick) |
| Filing 31 DECLARATION by Patrick R. West in Opposition re #28 MOTION for Extension of Time to File Answer or Otherwise Plead filed by All Plaintiffs. (West, Patrick) |
| Filing 30 Case transferred in from District of Washington Western; Case Number 3:21-cv-05177. Docket sheet received. |
| Notice of Judge Assignment. Judge Thomas O. Rice assigned to case. (CV, Case Administrator) |
| Filing 29 DECLARATION of Joanne T. Blackburn in Support of Defendant Textron Specialized Vehicles, Inc.s Motion for Extension of Time to Answer or Otherwise Plead filed by Defendant Textron Specialized Vehicles Inc re #28 MOTION for Extension of Time to File Answer or Otherwise Plead (Blackburn, Joanne) [Transferred from Washington Western on 2/24/2022.] |
| Filing 28 MOTION for Extension of Time to File Answer or Otherwise Plead, filed by Defendant Textron Specialized Vehicles Inc. (Attachments: #1 Proposed Order) Noting Date 3/4/2022, (Blackburn, Joanne) [Transferred from Washington Western on 2/24/2022.] |
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Filing 27
ORDER ADOPTING IN PART AND REJECTING IN PART #22 REPORT AND RECOMMENDATION by Judge Benjamin H. Settle. It is ORDERED that the R&R is ADOPTED as to TSV and REJECTED as to Textron. It is hereby ORDERED that Textron and TSVs Motion to Dismiss, Dkt. #8 , is GRANTED in part as to Textron and DENIED in part as to TSV. It is hereby further ORDERED that the request to transfer venue is GRANTED. Transfer of this case to the Eastern District of Washington by electronic case transfer will occur on the 15th day following the date of this filing. Case will be transferred on 2/24/2022. (AMD) [Transferred from Washington Western on 2/24/2022.]
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| Filing 26 NOTICE of Supplemental Authority re #23 OBJECTIONS by Defendants Textron Inc, Textron Specialized Vehicles Inc to #22 Report and Recommendations,. by Defendants Textron Inc, Textron Specialized Vehicles Inc (Blackburn, Joanne) [Transferred from Washington Western on 2/24/2022.] |
| Filing 25 RESPONSE to #23 OBJECTIONS by Defendants Textron Inc, Textron Specialized Vehicles Inc to #22 Report and Recommendations,. filed by Plaintiff Paula Dodd (West, Patrick) [Transferred from Washington Western on 2/24/2022.] |
| Noting Date Reset by Clerk to 11/26/2021 re #23 OBJECTIONS by Defendants Textron Inc, Textron Specialized Vehicles Inc. ***Motion terminated: #22 REPORT AND RECOMMENDATION re #8 MOTION to Dismiss. (AMD) [Transferred from Washington Western on 2/24/2022.] |
| Filing 24 DECLARATION of Joanne T. Blackburn filed by Defendants Textron Inc, Textron Specialized Vehicles Inc re #23 OBJECTIONS by Defendants Textron Inc, Textron Specialized Vehicles Inc to #22 Report and Recommendations,. (Blackburn, Joanne) [Transferred from Washington Western on 2/24/2022.] |
| Filing 23 OBJECTIONS by Defendants Textron Inc, Textron Specialized Vehicles Inc to #22 Report and Recommendations,. Noting Date 11/26/2021 11/5/2021. (Blackburn, Joanne) Modified on 11/8/2021 (AMD). [Transferred from Washington Western on 2/24/2022.] |
| ***Motion terminated as moot re #18 Joint Stipulated MOTION and Order regarding Exchange of Initial Disclosures and Submission of 26(f) Report per 6/10/2021 17 Minute Order. (GMR) [Transferred from Washington Western on 2/24/2022.] |
| Filing 22 REPORT AND RECOMMENDATION by Judge Theresa L Fricke, re #8 MOTION to Dismiss filed by Textron Specialized Vehicles Inc, Textron Inc. The parties have fourteen (14) days from service of this Report and Recommendation to file written objections. This matter is set for consideration on 11/5/2021. (Attachments: #1 Proposed Order)(AMD) [Transferred from Washington Western on 2/24/2022.] |
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Filing 21
ORDER SETTING PRETRIAL SCHEDULE; signed by Judge Theresa L Fricke. Deadline to Join Additional Parties - November 30, 2021. Deadline to Amend Pleadings - November 30, 2021. Disclosure of Plaintiff's Expert Witnesses Reports - January 14, 2022. Disclosure of Defendants Expert Witnesses Reports - February 11, 2022. Disclosure of Rebuttal Expert Witnesses' Reports - March 11, 2022. All motions related to discovery must be noted on the motion calendar no later than the Friday before discovery closes pursuant to LCR 7(d) and LCR 37(a)(2) - Noting date: April 1, 2022. Discovery completed by - April 8, 2022. Last Date to File and Serve Dispositive Motions - June 3, 2022. (SP) [Transferred from Washington Western on 2/24/2022.]
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| Filing 20 NOTICE of Unavailability of counsel Patrick R West for Plaintiffs David Dodd, Paula Dodd from 09/03/21-09/10/21. (West, Patrick) [Transferred from Washington Western on 2/24/2022.] |
| Filing 19 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 8. Filed by Defendants Textron Inc, Textron Specialized Vehicles Inc.(Blackburn, Joanne) [Transferred from Washington Western on 2/24/2022.] |
| Noting Date Set for 6/11/2021 re #18 Joint Stipulated MOTION and Order regarding Exchange of Initial Disclosures and Submission of 26(f) Report. (GMR) [Transferred from Washington Western on 2/24/2022.] |
| Filing 18 Joint Stipulated MOTION and Order regarding Exchange of Initial Disclosures and Submission of 26(f) Report, filed by Defendants Textron Inc, Textron Specialized Vehicles Inc. (Blackburn, Joanne) [Transferred from Washington Western on 2/24/2022.] |
| Filing 17 MINUTE ORDER At the direction of Magistrate Judge Theresa L. Fricke, the following minute order is entered: Pursuant to the joint request from the parties, the FRCP 26(f) Conference Deadline is extended to 6/25/2021, Initial Disclosure Deadline is 7/9/2021 and the Joint Status Report is due by 7/16/2021. By Traci Whiteley, Deputy Clerk.(TW) [Transferred from Washington Western on 2/24/2022.] |
| Joint Status Report Deadline NOTED on motion calendar; Noting Date 7/16/2021, (TW) [Transferred from Washington Western on 2/24/2022.] |
| Filing 16 REPLY, filed by Defendants Textron Inc, Textron Specialized Vehicles Inc, TO RESPONSE to #8 MOTION to Dismiss (Attachments: #1 Proposed Order)(Smirnova, Natalia) [Transferred from Washington Western on 2/24/2022.] |
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Filing 15
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Theresa L Fricke. (TW) [Transferred from Washington Western on 2/24/2022.]
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Filing 14
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 6/17/2021, FRCP 26(f) Conference Deadline is 5/27/2021, Initial Disclosure Deadline is 6/10/2021, by Judge Theresa L Fricke. (TW) [Transferred from Washington Western on 2/24/2022.]
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| Joint Status Report Deadline NOTED on motion calendar; Noting Date 6/17/2021, (TW) [Transferred from Washington Western on 2/24/2022.] |
| Filing 13 NOTICE of Association of Attorney by Natalia Smirnova on behalf of Defendants Textron Inc, Textron Specialized Vehicles Inc. (Smirnova, Natalia) [Transferred from Washington Western on 2/24/2022.] |
| Filing 12 DECLARATION of Patrick R. West filed by Plaintiffs David Dodd, Paula Dodd re #8 MOTION to Dismiss (West, Patrick) [Transferred from Washington Western on 2/24/2022.] |
| Filing 11 DECLARATION of David Dodd filed by Plaintiffs David Dodd, Paula Dodd re #8 MOTION to Dismiss (West, Patrick) [Transferred from Washington Western on 2/24/2022.] |
| Filing 10 RESPONSE, by Plaintiffs David Dodd, Paula Dodd, to #8 MOTION to Dismiss . (Attachments: #1 Declaration of David Dodd, #2 Declaration of PRW Patrick R West iso Response)(West, Patrick) Modified on 5/3/2021. (AMD) [Transferred from Washington Western on 2/24/2022.] |
| Filing 9 MINUTE ORDER REASSIGNING CASE REFERRAL at direction of Judge David W. Christel. Case referral reassigned to Judge Theresa L Fricke as Judge David W. Christel has a conflict with Textron defendants' Corporate Parents/Other Affiliates. NOTE: Judge Benjamin H Settle remains the presiding officer in this matter. (GMR) [Transferred from Washington Western on 2/24/2022.] |
| Filing 8 MOTION to Dismiss , filed by Defendants Textron Inc, Textron Specialized Vehicles Inc. (Attachments: #1 Declaration iso Motion, #2 Declaration iso Motion, #3 Proposed Order) Noting Date 5/7/2021, (Blackburn, Joanne) [Transferred from Washington Western on 2/24/2022.] |
| Filing 7 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates Textron Inc, T. Rowe Price Associates Inc, and The Vanguard Group Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Textron Inc, Textron Specialized Vehicles Inc (Blackburn, Joanne) Modified on 4/14/2021 (GMR). [Transferred from Washington Western on 2/24/2022.] |
| Filing 6 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Benjamin H. Settle and referred to Magistrate Judge David W. Christel for all further proceedings, by Clerk, William M McCool. (KEB) [Transferred from Washington Western on 2/24/2022.] |
| Filing 5 NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 4/19/2021. Please Note: Forms must not be electronically filed with the Court. (KEB) [Transferred from Washington Western on 2/24/2022.] |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendants Textron Inc, Textron Specialized Vehicles Inc must file Corporate Disclosure Statements by 4/16/2021. (AMD) [Transferred from Washington Western on 2/24/2022.] |
| Filing 4 NOTICE of Appearance by attorney Joanne Thomas Blackburn on behalf of Defendants Textron Inc, Textron Specialized Vehicles Inc. (Blackburn, Joanne) [Transferred from Washington Western on 2/24/2022.] |
| Filing 3 Summons(es) Electronically Issued as to defendant(s) Textron Inc, Textron Specialized Vehicles Inc. (Attachments: #1 Summons)(AMD) [Transferred from Washington Western on 2/24/2022.] |
| Filing 2 PRAECIPE TO ISSUE SUMMONS by Plaintiffs David Dodd, Paula Dodd (Attachments: #1 Summons, #2 Civil Cover Sheet)(West, Patrick) [Transferred from Washington Western on 2/24/2022.] |
| Filing 1 COMPLAINT against All Defendants (Receipt # AWAWDC-6997018) Attorney Patrick R West added to party Paula Dodd(pty:pla), filed by Paula Dodd.(West, Patrick) [Transferred from Washington Western on 2/24/2022.] |
| Judge David W. Christel added. (AMD) [Transferred from Washington Western on 2/24/2022.] |
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