Layton v. Ford Motor Company et al
| Amanda Kay Layton |
| Ford Motor Company, J & J Ford Sales, Inc., Autoliv, Inc., Autoliv ASP, Inc., Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc., TRW Autoliv Holdings Corp., TRW Automotive, Inc. and TRW Vehicle Safety Systems, Inc. |
| State Farm Mutual Automobile Insurance Company |
| 1:2010cv00808 |
| June 9, 2010 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| XX US, Outside State |
| David A Faber |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Both |
Docket Report
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This docket was last retrieved on February 1, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 69 ACKNOWLEDGMENT by Clerk, Circuit Court of McDowell County, Remand Order and related documents filed 1/31/2011. (arb) |
| Filing 68 LETTER to Clerk, Circuit Court of McDowell County, from Clerk, U. S. District Court, dated 1/28/2011, re: remand of case. (arb) |
Filing 67
MEMORANDUM OPINION AND ORDER: The court GRANTS #9 Plaintiff's MOTION to Remand to the extent it seeks remand. The motion is DENIED to the extent it seeks attorney fees and costs. The court REMANDS this action to the Circuit Court of McDowell County, and DIRECTS the Clerk to remove this matter from the court's active docket. Signed by Senior Judge David A. Faber on 1/28/2011. (certified cc: counsel of record and Clerk, Circuit Court of McDowell County) (arb)
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| Filing 66 SECOND SUPPLEMENTAL JOINT MOTION by Ford Motor Company, State Farm Mutual Automobile Insurance Company to Expand Time for Ford Motor Company to Respond to #58 MOTION by State Farm Mutual Automobile Insurance Company to Modify Subpoena Duces Tecum and for Protective Order to February 8, 2011 (Taylor, Elizabeth) (Modified text to conform to filed document and to add additional filer on 1/24/2011) (skh). |
| MOTION REFERRED to Magistrate Judge R. Clarke VanDervort: #66 SECOND SUPPLEMENTAL JOINT MOTION by Ford Motor Company, State Farm Mutual Automobile Insurance Company to Expand Time for Ford to Respond to #58 MOTION by State Farm to Modify Subpoena Duces Tecum and for Protective Order to 2/8/11 (skh) |
| Filing 65 NOTICE of Vehicle Inspection by Autoliv ASP, Inc., Autoliv, Inc., Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc. (Combs, Philip) (Modified on 1/11/2011 to add additional filers) (skh). |
| Filing 64 NOTICE of Vehicle Inspection by Ford Motor Company (Taylor, Elizabeth) |
| MOTION REFERRED to Magistrate Judge R. Clarke VanDervort: #63 SUPPLEMENTAL JOINT MOTION by Ford Motor Company, State Farm Mutual Automobile Insurance Company to Expand the Time for Ford to Respond to #58 MOTION by State Farm Mutual to Modify Subpoena Duces Tecum and for Protective Order to 1/25/2011 (skh) |
| Filing 63 SUPPLEMENTAL JOINT MOTION by Ford Motor Company, State Farm Mutual Automobile Insurance Company to Expand the Time for Ford Motor Company to Respond to #58 MOTION by State Farm Mutual Automobile Insurance Company to Modify Subpoena Duces Tecum and for Protective Order to January 25, 2011 (Taylor, Elizabeth) (Modified text to conform to filed document and to add additional filer on 1/3/2011) (skh). |
| Filing 62 PROPOSED ORDER Agreed Protective Order by Ford Motor Company, TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc., Autoliv, ASP, Inc., Amanda Kay Layton (Taylor, Elizabeth) (Modified on 12/22/2010 to add additional filers) (skh). |
| MOTION REFERRED to Magistrate Judge R. Clarke VanDervort: #61 JOINT MOTION by Ford Motor Company, State Farm Mutual Automobile Insurance Company to Expand Time for Ford to Respond to #58 MOTION by State Farm Mutual Automobile Insurance Company to Modify Subpoena Duces Tecum and for Protective Order to 1/4/2011 (skh) |
| Filing 61 JOINT MOTION by Ford Motor Company, State Farm Mutual Automobile Insurance Company to Expand the Time for Ford Motor Company to Respond to #58 MOTION by State Farm Mutual Automobile Insurance Company to Modify Subpoena Duces Tecum and for Protective Order to January 4, 2011 (Taylor, Elizabeth) (Modified text to conform to filed document, to add additional filer and to remove links to #59 and #60 memoranda on 12/13/2010) (skh). |
| Filing 60 MEMORANDUM by State Farm Mutual Automobile Insurance Company in support of #58 MOTION by State Farm Mutual Automobile Insurance Company to Modify Subpoena Duces Tecum and for Protective Order (Haddad, Geoffry) (Modified text to conform to filed document on 12/1/2010) (skh). |
| Filing 59 MEMORANDUM by State Farm Mutual Automobile Insurance Company in support of #58 MOTION by State Farm Mutual Automobile Insurance Company to Modify Subpoena Duces Tecum and for Protective Order(Haddad, Geoffry) (Modified text to conform to filed document on 12/1/2010) (skh). |
| Filing 58 MOTION by State Farm Mutual Automobile Insurance Company to Modify Subpoena Duces Tecum re: #41 Notice of Issuance of Subpoena Duces Tecum and for Protective Order (Attachment: #1 Exhibits A through C)(Haddad, Geoffry) (Modified for clarity of text on 12/1/2010) (skh). |
| MOTION REFERRED to Magistrate Judge R. Clarke VanDervort: #58 MOTION by State Farm Mutual Automobile Insurance Company to Modify Subpoena Duces Tecum and for Protective Order (skh) |
| Filing 57 PROPOSED AGREED ORDER of Dismissal by Autoliv ASP, Inc., Amanda Kay Layton (Surber, Sarah) (Modified on 11/29/2010 to add additional filer) (skh). |
| Filing 56 STIPULATION OF DISMISSAL of defendants Autoliv, Inc., Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc. by Autoliv ASP, Inc., Amanda Kay Layton (Surber, Sarah) (Modified for clarity of text and to add additional filer on 11/29/2010) (skh). |
| Filing 55 CERTIFICATE OF SERVICE filed by TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. for Defendants TRW Automotive Holdings Corp., TRW Automotive, Inc. and TRW Vehicle Safety Systems Inc.'s Responses to Plaintiff's Request for Production of Documents (Set No. 2) (Lusk, Neva) |
| Filing 54 CERTIFICATE OF SERVICE filed by TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. for Defendants TRW Automotive Holdings Corp., TRW Automotive, Inc. and TRW Vehicle Safety Systems Inc.'s Responses to Plaintiff's Request for Production of Documents (Set No. 1) (Lusk, Neva) |
| Filing 53 CERTIFICATE OF SERVICE filed by TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. for Defendants TRW Automotive Holdings Corp., TRW Automotive, Inc. and TRW Vehicle Safety Systems Inc.'s Responses to Plaintiff's Interrogatories (Set No. 1) (Lusk, Neva) |
| Filing 52 NOTICE of Issuance of Subpoenas Duces Tecum by Ford Motor Company (Taylor, Elizabeth) |
| Filing 51 AMENDED NOTICE of Vehicle Inspection by Ford Motor Company (Taylor, Elizabeth) (Modified text to conform to filed document on 11/23/2010) (skh). |
| Filing 50 CERTIFICATE OF SERVICE filed by Ford Motor Company for DEFENDANT FORD MOTOR COMPANYS FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO PLAINTIFF (Taylor, Elizabeth) |
| Filing 49 CERTIFICATE OF SERVICE filed by Ford Motor Company for Ford Motor Company's Response to Plaintiff's Request for Production of Documents (Set No. 3) (Taylor, Elizabeth) |
| Filing 48 CERTIFICATE OF SERVICE filed by Ford Motor Company for VERIFICATION STATEMENT pertaining to DEFENDANT FORD MOTOR COMPANYS RESPONSES TO PLAINTIFFS INTERROGATORIES (SET NO. 1) TO DEFENDANT, FORD MOTOR COMPANY (Taylor, Elizabeth) |
| Filing 47 STIPULATION EXTENDING TIME for Defendants, TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc., to reply to plaintiff's discovery to November 24, 2010 by Amanda Kay Layton, TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. (Lusk, Neva) (Modified for clarity of text on 11/10/2010) (skh). |
| Filing 46 NOTICE of Vehicle Inspection by Ford Motor Company (Taylor, Elizabeth) |
| Filing 45 STIPULATION EXTENDING TIME re: #41 NOTICE of Issuance of Subpoena Duces Tecum to December 1, 2010 by Ford Motor Company (Attachment: #1 Exhibit A)(Taylor, Elizabeth) (Modified for clarity of text on 10/27/2010) (skh). |
| Filing 44 CERTIFICATE OF SERVICE filed by Ford Motor Company for DEFENDANT FORD MOTOR COMPANYS RESPONSES TO PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS (SET NO. 2) TO DEFENDANT, FORD MOTOR COMPANY (Bonasso, Michael) |
| Filing 43 CERTIFICATE OF SERVICE filed by Ford Motor Company for DEFENDANT FORD MOTOR COMPANYS RESPONSES TO PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS (SET NO. 1) TO DEFENDANT, FORD MOTOR COMPANY (Bonasso, Michael) |
| Filing 42 CERTIFICATE OF SERVICE filed by Ford Motor Company for DEFENDANT FORD MOTOR COMPANYS RESPONSES TO PLAINTIFFS INTERROGATORIES (SET NO. 1) TO DEFENDANT, FORD MOTOR COMPANY (Bonasso, Michael) |
| Filing 41 NOTICE of Issuance of Subpoena Duces Tecum by Ford Motor Company (Taylor, Elizabeth) |
| Filing 40 CERTIFICATE OF SERVICE by Autoliv ASP, Inc. for Rule 26(a)(1) Initial Disclosures. (Combs, Philip) |
| Filing 39 CERTIFICATE OF SERVICE by Amanda Kay Layton for Rule 26(a)(1) Initial Disclosures. (McFarland, Patrick) |
| Filing 38 CERTIFICATE OF SERVICE by TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. for Rule 26(a)(1) Initial Disclosures. (Lusk, Neva) |
| Filing 37 CERTIFICATE OF SERVICE by Ford Motor Company for Rule 26(a)(1) Initial Disclosures. (Taylor, Elizabeth) |
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Filing 36
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 10/15/2010. Discovery requests to be completed by 5/2/2011 and all depositions by 6/16/2011. Parties may suggest mediation by 7/15/2011. Expert Witness List by parties bearing the burden of proof due by 4/18/2011, by party not bearing burden of proof due by 5/17/2011, and to solely contradict or rebut evidence due by 6/2/2011. Dispositive Motions except those filed under Rule 12(b) due by 7/6/2011, any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting to be held by 9/6/2011. Motions in Limine due by 9/13/2011, with responses due by 9/20/2011. Plaintiff's portion of proposed Pretrial Order to defendants due by 9/19/2011, with proposed integrated pretrial order due by 9/19/2011. Pretrial Conference set for 9/19/2011 02:30 PM in Bluefield before Judge David A. Faber. Proposed Jury Charge due by 10/11/2011. Final Settlement Conference at 10:30 AM on 10/17/2011 in Bluefield. Jury Trial set for 10/18/2011 at 09:30 AM in Bluefield before Judge David A. Faber. Signed by Magistrate Judge R. Clarke VanDervort on 8/23/2010. (cc:attys; any unrepresented party) (mjp)
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Filing 35
ORDER: The Scheduling Conference is CANCELLED. Signed by Magistrate Judge R. Clarke VanDervort on 8/13/2010. (cc: counsel of record) (arb)
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| Filing 34 NOTICE of Issuance of Subpoena Duces Tecum to Preston County 911 by Ford Motor Company (Taylor, Elizabeth) |
| Filing 33 RULE 26(f) REPORT OF PLANNING MEETING by Ford Motor Company, Autoliv ASP, Inc., Amanda Kay Layton, TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. (Taylor, Elizabeth) (Modified on 8/1/2010 to add additional filers) (skh). |
| Filing 32 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge VanDervort for discovery. (cc: attys; any unrepresented party) (arb) |
| Filing 31 STATEMENT OF VISITING ATTORNEY from Jenny L. Zavadil on behalf of Ford Motor Company. Local counsel: Michael Bonasso. Fee $50.00. Receipt # 0425-1325402. (Bonasso, Michael) |
| Filing 30 REPLY by Amanda Kay Layton to #25 Memorandum In Opposition and #26 Response In Opposition. (McFarland, Patrick) |
| Filing 29 REPLY by Autoliv, Inc. to #22 Memorandum In Opposition. (Surber, Sarah) |
| NOTICE OF DOCKET CORRECTION re: #23 EXHIBITS by Amanda Kay Layton in support of the #22 Memorandum. ERROR: Main document (memorandum) is a duplicate of the image attached to entry #22. CORRECTION: Removed memorandum and retained exhibits. (skh) |
| Filing 28 CERTIFICATE OF SERVICE filed by Ford Motor Company for Amended Certificate of Service for Ford's Response in Opposition to Plaintiff's Motion to Remand (Bonasso, Michael) |
| Filing 27 MOTION by TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. for Joinder in #25 Memorandum In Opposition, #26 Response In Opposition (Lusk, Neva) |
| Filing 26 RESPONSE by Ford Motor Company in opposition of #9 MOTION by Amanda Kay Layton to Remand Case to Circuit Court of McDowell County (Bonasso, Michael) |
| Filing 25 MEMORANDUM by Autoliv ASP, Inc., Autoliv North America, Inc. in opposition to #9 MOTION by Amanda Kay Layton to Remand Case to Circuit Court of McDowell County (Attachment: #1 Exhibit A)(Surber, Sarah) |
| Filing 24 STATEMENT OF VISITING ATTORNEY from Jamie D. Jackson on behalf of Amanda Kay Layton. Local counsel: Patrick E. McFarland. Fee $50.00. Receipt # 0425-1311680. (McFarland, Patrick) |
| Filing 23 EXHIBITS by Amanda Kay Layton in support of #22 MEMORANDUM by Amanda Kay Layton in opposition and in support. (Attachments: #1 Exhibit A - Autoliv, Inc. 2009 Annual Report, #2 Exhibit B-1 - WV Sec of State SOP - Autoliv, Inc., #3 Exhibit B-2 - WV Sec of State SOP - Autoliv ASP, Inc., #4 Exhibit B-3 - WV Sec of State SOP - Autoliv Americas, #5 Exhibit B-4 - WV Sec of State SOP - Autoliv Electronics America, #6 Exhibit B-5 - WV Sec of State SOP - Autoliv North America, Inc.)(McFarland, Patrick) (Modified on 7/4/2010 to remove image of main document as a duplicate of image attached to entry #22, to remove links to #4 and #6 motions and to edit description of attachments)(skh). |
| Filing 22 MEMORANDUM by Amanda Kay Layton in opposition to #4 MOTION by Autoliv, Inc. to Dismiss Complaint and #6 MOTION by Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc. to Dismiss Complaint and SUPPLEMENTAL MEMORANDUM in Support of #12 MOTION by Amanda Kay Layton to Stay Further Proceedings Pending Disposition of Remand Motion (McFarland, Patrick) (Modified text to conform to filed document and to add link to #12 motion on 7/4/2010) (skh). |
| Filing 21 STATEMENT OF VISITING ATTORNEY from Shannon K. Benton on behalf of TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. Local counsel: Neva G. Lusk. Fee $50.00. Receipt # 0425-1308686. (Lusk, Neva) |
| Filing 20 STATEMENT OF VISITING ATTORNEY from C. Craig Woods on behalf of TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. Local counsel: Neva G. Lusk. Fee $50.00. Receipt # 0425-1308676. (Lusk, Neva) |
| Filing 19 STATEMENT OF VISITING ATTORNEY from Aaron T. Brogdon on behalf of TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. Local counsel: Neva G. Lusk. Fee $50.00. Receipt # 0425-1308660. (Lusk, Neva) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by Autoliv, Inc., Autoliv ASP, Inc., Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc. (Surber, Sarah) (Modified on 6/23/2010 to add additional filers) (skh). |
| Filing 17 AGREED STIPULATION TO EXTEND TIME TO ANSWER by J & J Ford Sales, Inc. (Brown, Johnnie) (Modified for clarity of text on 6/23/2010) (skh). |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by Ford Motor Company (Taylor, Elizabeth) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc. (Lusk, Neva) |
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Filing 14
ORDER AND NOTICE: Rule 12(b) Motions 7/12/2010. Rule 26(f) Meeting 7/21/2010. Last day to file report of Rule 26(f) Meeting 7/28/2010. Scheduling Conference at 11:00 AM on 8/16/2010 in Bluefield. Entry of Scheduling Order 8/23/2010. Last Day to make Rule 26(a)(1) disclosures 8/25/2010. Signed by Judge David A. Faber on 6/21/2010. (cc:attys; any unrepresented party) (mjp)
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| Filing 13 MEMORANDUM by Amanda Kay Layton in support of #12 MOTION by Amanda Kay Layton to Stay Further Proceedings Pending Disposition of Remand Motion (McFarland, Patrick) (Modified text to conform to filed document on 6/18/2010) (skh). |
| Filing 12 MOTION by Amanda Kay Layton to Stay Further Proceedings Pending Disposition of Remand Motion (McFarland, Patrick) (Modified text to conform to filed document and to remove links to #9 motion, #10 memorandum and #11 exhibits on 6/18/2010) (skh). |
| Filing 11 EXHIBITS by Amanda Kay Layton in support of #9 MOTION by Amanda Kay Layton to Remand Case to Circuit Court of McDowell County. (Attachments: #1 Exhibit A - Affidavit of Pamela S. Driggs, #2 Exhibit B - WVa SOS Documents -- J & J Ford, #3 Exhibit C - WVa SOS Documents -- J & J Choice, #4 Exhibit D - Westlaw Corp Search -- Autoliv North America, Inc.)(McFarland, Patrick) (Modified on 6/18/2010 to remove main document (memorandum in support) as a duplicate of the memorandum attached to entry #10 ). (skh). |
| Filing 10 MEMORANDUM by Amanda Kay Layton in support of #9 MOTION by Amanda Kay Layton to Remand Case to Circuit Court of McDowell County (McFarland, Patrick) (Modified on 6/18/2010 to remove duplicate text) (skh). |
| Filing 9 MOTION by Amanda Kay Layton to Remand Case to Circuit Court of McDowell County (McFarland, Patrick) |
| NOTICE OF DOCKET CORRECTION re: #11 EXHIBITS by Amanda Kay Layton in support of #9 MOTION to Remand Case to Circuit Court of McDowell County. ERROR: Main document (memorandum in support of motion to remand) is a duplicate of the memorandum attached to entry #10 . CORRECTION: Removed memorandum. (skh) |
| NOTICE OF DOCKET CORRECTION re: #5 MEMORANDUM by Autoliv, Inc. and #7 MEMORANDUM by Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc. in support of Motions to Dismiss. ERROR: Exhibits attached to memoranda. CORRECTION: Removed Exhibits A and attached them to the #4 and #6 Motions to Dismiss (See LRCivP 7.1(a)(1)). (skh) |
| Filing 8 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with jury demand by Ford Motor Company.(Taylor, Elizabeth) (Modified on 6/17/2010 to add link to #1 notice of removal and to add jury demand) (skh). |
| Filing 7 MEMORANDUM by Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc. in support of #6 MOTION by Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc. to Dismiss Complaint (Combs, Philip) (Modified on 6/17/2010 to remove Exhibit A (attachment #1) and attach it to the #6 motion) (skh). |
| Filing 6 MOTION by Autoliv Americas, Autoliv Electronics America, Autoliv North America, Inc. to Dismiss Complaint Attached to #1 Notice of Removal (Combs, Philip) (Attachment added on 6/17/2010: #1 Exhibit A) (skh). (Modified on 6/17/2010 to add link to #1 notice of removal and to add Exhibit A as attachment #1) (skh). |
| Filing 5 MEMORANDUM by Autoliv, Inc. in support of #4 MOTION by Autoliv, Inc. to Dismiss Complaint (Combs, Philip) (Modified on 6/17/2010 to remove Exhibit A (attachment #1) and attach it to the #4 motion) (skh). |
| Filing 4 MOTION by Autoliv, Inc. to Dismiss Complaint Attached to #1 Notice of Removal (Combs, Philip) (Attachment added on 6/17/2010: #1 Exhibit A) (skh).(Modified on 6/17/2010 to add link to #1 notice of removal and to add Exhibit A as attachment #1) (skh). |
| Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Autoliv ASP, Inc.(Combs, Philip) (Modified on 6/17/2010 to add link to #1 notice of removal) (skh). |
| Filing 2 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with jury demand TRW Autoliv Holdings Corp., TRW Automotive, Inc., TRW Vehicle Safety Systems, Inc.(Lusk, Neva) (Modified on 6/16/2010 to add link to #1 notice of removal and to add jury demand) (skh). |
| CASE assigned to Judge David A. Faber. (ras) |
| Filing 1 NOTICE OF REMOVAL by Ford Motor Company with summons(es), complaint, notice of filing notice of removal, affidavit of Barry L. Kirk, consents to removal and docket sheet from Circuit Court of McDowell County. Filing Fee $350.00. Receipt #0425-1290550. (Attachments: #1 Exhibit A; #2 Exhibits B - G and #3 Civil Cover Sheet) (arb) |
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