Erie Insurance Property & Casualty Company et al v. Ford Motor Company
| Barbara Brooks, Marquis Brooks, Rodney Powers and Erie Insurance Property & Casualty Company |
| Ford Motor Company |
| 5:2017cv04606 |
| December 21, 2017 |
| US District Court for the Southern District of West Virginia |
| Beckley Office |
| Raleigh |
| Irene C Berger |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
Docket Report
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| Filing 98 TRANSMITTED CERTIFIED COPY of #97 Order of Dismissal to attorneys and any unrepresented party. (btm) |
Filing 97
ORDER OF DISMISSAL: Directing that the remaining requirements and deadlines contained in the scheduling order be suspended; dismissing this action with prejudice and striking it from the docket of the Court; terminating as moot any motions pending at the time of this dismissal. Signed by Judge Irene C. Berger on 6/7/2019. (cc: attys; any unrepresented party) (btm)
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Filing 96
ORDER: Suspending the remaining requirements and deadlines contained in the Scheduling Order for a period of two weeks pending the submission of a Dismissal Order by the parties. Signed by Judge Irene C. Berger on 5/9/2019. (cc: attys; any unrepresented party) (btm)
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| Filing 95 MOTION by Ford Motor Company for Leave to File Supplemental Exhibit to its Motion in Limine to Preclude Lay Opinions or Irrelevant Evidence Regarding the Value of Real or Personal Property with proposed document attached (Attachment: #1 Exhibit 3)(Cooke, Andrew) |
| Filing 94 CERTIFICATE OF SERVICE by Ford Motor Company for Rule 26(a)(3) Pretrial Disclosures. (Cooke, Andrew) |
| Filing 93 CERTIFICATE OF SERVICE by Erie Insurance Property & Casualty Company for Rule 26(a)(3) Pretrial Disclosures. (Wallace, Michael) |
| Filing 92 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #79 MOTION by Ford Motor Company in Limine to Preclude Undisclosed Witnesses and Evidence and References to Discovery Disputes (Wallace, Michael) |
| Filing 91 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #82 MOTION by Ford Motor Company in Limine to Preclude Lay Opinions or Irrelevant Evidence Regarding the Value of Real or Personal Property (Wallace, Michael) |
| Filing 90 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #83 MOTION by Ford Motor Company in Limine to Exclude Evidence of Alleged Other Incidents (Wallace, Michael) |
| Filing 89 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #78 MOTION by Ford Motor Company in Limine to Preclude "Golden Rule" and/or "Reptile Theory" Questions and Arguments (Wallace, Michael) |
| Filing 88 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #80 MOTION by Ford Motor Company in Limine to Preclude Opinion Testimony from Lay Witnesses (Wallace, Michael) |
| Filing 87 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #84 MOTION by Ford Motor Company in Limine to Exclude Expert Testimony of Mike Zazula (Attachments: #1 Exhibit A: Transcript, #2 Exhibit B: Curriculum Vitae)(Wallace, Michael) |
| Filing 86 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #81 MOTION by Ford Motor Company in Limine to Preclude Undisclosed or Unsubstantiated Expert Opinions (Wallace, Michael) |
| Filing 85 CONSENT MOTION by Erie Insurance Property & Casualty Company for Extension of Time to Respond to #80 MOTION by Ford Motor Company in Limine to Preclude Opinion Testimony from Lay Witnesses, #84 MOTION by Ford Motor Company in Limine to Exclude Expert Testimony of Mike Zazula, #82 MOTION by Ford Motor Company in Limine to Preclude Lay Opinions or Irrelevant Evidence Regarding the Value of Real or Personal Property, #78 MOTION by Ford Motor Company in Limine to Preclude "Golden Rule" and/or "Reptile Theory" Questions and Arguments, #79 MOTION by Ford Motor Company in Limine to Preclude Undisclosed Witnesses and Evidence and References to Discovery Disputes, #81 MOTION by Ford Motor Company in Limine to Preclude Undisclosed or Unsubstantiated Expert Opinions, #83 MOTION by Ford Motor Company in Limine to Exclude Evidence of Alleged Other Incidents to 4/16/2019 (Attachment: #1 Proposed Order)(Wallace, Michael) (Modified on 4/15/2019 to remove link to #56 scheduling order) (ts). |
| Filing 84 MOTION by Ford Motor Company in Limine to Exclude Expert Testimony of Mike Zazula (Cooke, Andrew) |
| Filing 83 MOTION by Ford Motor Company in Limine to Exclude Evidence of Alleged Other Incidents (Cooke, Andrew) |
| Filing 82 MOTION by Ford Motor Company in Limine to Preclude Lay Opinions or Irrelevant Evidence Regarding the Value of Real or Personal Property (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cooke, Andrew) |
| Filing 81 MOTION by Ford Motor Company in Limine to Preclude Undisclosed or Unsubstantiated Expert Opinions (Cooke, Andrew) |
| Filing 80 MOTION by Ford Motor Company in Limine to Preclude Opinion Testimony from Lay Witnesses (Cooke, Andrew) |
| Filing 79 MOTION by Ford Motor Company in Limine to Preclude Undisclosed Witnesses and Evidence and References to Discovery Disputes (Cooke, Andrew) |
| Filing 78 MOTION by Ford Motor Company in Limine to Preclude "Golden Rule" and/or "Reptile Theory" Questions and Arguments (Cooke, Andrew) |
| Filing 77 REPLY by Ford Motor Company to #72 Response In Opposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cooke, Andrew) |
| Filing 76 REPLY by Ford Motor Company to #70 Response In Opposition. (Cooke, Andrew) |
| Filing 75 REPLY MEMORANDUM by Ford Motor Company to #68 Response In Opposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cooke, Andrew) |
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Filing 74
ORDER EXTENDING REPLY BRIEFING SCHEDULE: Directing that the deadline for the filing of Defendant's Replies has been extended up to and including 3/28/2019. Signed by Judge Irene C. Berger on 3/19/2019. (cc: attys; any unrepresented party) (btm) (Modified on 3/19/2019 to remove and replace incorrect document)(slr).
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| NOTICE OF DOCKET CORRECTION re: #74 ORDER EXTENDING REPLY BRIEFING SCHEDULE. ERROR: Incorrect image attached. CORRECTION: Removed and replaced incorrect image. (slr) |
| Filing 73 MEMORANDUM OF LAW by Erie Insurance Property & Casualty Company in support of #72 Response in Opposition (Wallace, Michael) (Modified on 3/18/2019 to correct link to #72 response in opposition and to convert event to memorandum in support) (ts). |
| Filing 72 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #63 MOTION by Ford Motor Company for Summary Judgment (Attachments: #1 Exhibit 1 NFIRS Report, #2 Exhibit 2 Marquis Brooks Deposition Transcript, #3 Exhibit 3 Barbara Brooks Deposition Transcript, #4 Exhibit 4 Steve Semenske Deposition Transcript, #5 Exhibit 5 Bob Sullivan February 11 2016 Report, #6 Exhibit 6 March 17 2016 Sign in Sheet, #7 Exhibit 7 Richard Summerfield Deposition Transcript, #8 Exhibit 8 Richard Summerfield October 10 2018 Report, #9 Exhibit 9 Richard Summerfield November 27 2018 Report, #10 Exhibit 10 Michael Zazula Deposition Transcript, #11 Exhibit 11 Michael Wald Deposition Transcript, #12 Exhibit 12 February 1 2017 Sign in Sheet, #13 Exhibit 13 October 10 2018 Wald and Zazula Report, #14 Exhibit 14 Michael Wald and Michael Zazula Report Dated November 27 2018, #15 Exhibit 15 Affidavit of Michael Wald, #16 Exhibit 16 Warranty Claim Documentation produced by Ford, #17 Exhibit 17 List of Relevant Lawsuits, #18 Exhibit 18 List of Relevant Non Litigated Claims)(Wallace, Michael) (Modified on 3/18/2019 to remove link to #64 memorandum in support) (ts) |
| Filing 71 MEMORANDUM OF LAW by Erie Insurance Property & Casualty Company in opposition to #59 MOTION by Ford Motor Company to Exclude Expert Testimony of Richard Summerfield. (Wallace, Michael) |
| Filing 70 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #59 MOTION by Ford Motor Company to Exclude Expert Testimony of Richard Summerfield. (Attachments: #1 Exhibit 1 NFIRS Report, #2 Exhibit 2 Marquis Brooks Deposition Transcript, #3 Exhibit 3 Barbara Brooks Deposition Transcript, #4 Exhibit 4 Steve Semenske Deposition Transcript, #5 Exhibit 5 Bob Sullivan February 11 2016 Report, #6 Exhibit 6 David Smith November 13 2018 Report, #7 Exhibit 7 Richard Summerfield Deposition Transcript, #8 Exhibit 8 Richard Summerfield October 10 2018 Report, #9 Exhibit 9 Richard Summerfield November 27 2018 Report, #10 Exhibit 10 NFPA 921 2017 Chapters 4 and 18, #11 Exhibit 11 Affidavit of Richard Summerfield, #12 Exhibit 12 Michael Wald and Michael Zazula Report Dated November 27 2018)(Wallace, Michael) (Modified on 3/18/2019 to remove link to #60 memorandum in support) (ts) |
| Filing 69 MEMORANDUM OF LAW by Erie Insurance Property & Casualty Company in support of #68 Response in Opposition. (Wallace, Michael) Modified on 3/18/2019 to correct link to #68 response in opposition and to convert event to memorandum in support) (ts). |
| Filing 68 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #61 MOTION by Ford Motor Company to Exclude Expert Testimony of Mike Wald. (Attachments: #1 Exhibit 1 Michael Wald Deposition Transcript, #2 Exhibit 2 Affidavit of Michael Wald, #3 Exhibit 3 October 10 2018 Wald and Zazula Report, #4 Exhibit 4 November 27 02018 Wald and Zazula Report, #5 Exhibit 5 NFPA 921 2017 Chapters 4 and 19, #6 Exhibit 6 Michael Zazula Deposition Transcript, #7 Exhibit 7 Warranty Claim Documentation produced by Ford, #8 Exhibit 8 List of Relevant Lawsuits, #9 Exhibit 9 List of Relevant Non Litigated Claims, #10 Exhibit 10 March 17 2016 Sign in Sheet, #11 Exhibit 11 February 1 2017 Sign in Sheet, #12 Exhibit 12 September 25 2018 Sign in Sheet)(Wallace, Michael) |
| Filing 67 MOTION by Ford Motor Company for Brief Extension of Reply Briefing Scheduling to March 28, 2019 (Attachments: #1 Proposed Order)(Cooke, Andrew) |
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Filing 66
ORDER: Granting the Plaintiffs' #65 CONSENT MOTION for Extension of Time to Respond to Defendant's Motions to Exclude Expert Testimony of Richard Summerfield, to Exclude Testimony of Mike Wald, and for Summary Judgment; directing that said responses are due by 3/18/2019. Signed by Judge Irene C. Berger on 3/6/2019. (cc: attys; any unrepresented party) (btm)
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| Filing 65 CONSENT MOTION by Erie Insurance Property & Casualty Company for Extension of Time to Respond to #59 MOTION by Ford Motor Company to Exclude Expert Testimony of Richard Summerfield, #61 MOTION by Ford Motor Company to Exclude Expert Testimony of Mike Wald, #63 MOTION by Ford Motor Company for Summary Judgment to March 18, 2019 (Attachment: #1 Proposed Order)(Wallace, Michael) |
| Filing 64 MEMORANDUM OF LAW by Ford Motor Company in support of #63 MOTION by Ford Motor Company for Summary Judgment (Cooke, Andrew) |
| Filing 63 MOTION by Ford Motor Company for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Cooke, Andrew) |
| Filing 62 MEMORANDUM OF LAW by Ford Motor Company in support of #61 MOTION by Ford Motor Company to Exclude Expert Testimony of Mike Wald. (Cooke, Andrew) |
| Filing 61 MOTION by Ford Motor Company to Exclude Expert Testimony of Mike Wald. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Cooke, Andrew) |
| Filing 60 MEMORANDUM OF LAW by Ford Motor Company in support of #59 MOTION by Ford Motor Company to Exclude Expert Testimony of Richard Summerfield. (Cooke, Andrew) |
| Filing 59 MOTION by Ford Motor Company to Exclude Expert Testimony of Richard Summerfield. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Cooke, Andrew) |
| Filing 58 FIRST AMENDED NOTICE OF DEPOSITION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers of Jim Engle on January 30, 2019 at 9:00 a.m. (Attachment: #1 Exhibit A)(Horne, Jerad) |
| Filing 57 FIRST AMENDED NOTICE OF DEPOSITION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers of David Smith on January 14, 2019 at 10:00 a.m. (Attachment: #1 Exhibit A)(Horne, Jerad) |
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Filing 56
FIRST AMENDED SCHEDULING ORDER: Granting the #55 SECOND JOINT MOTION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company and Rodney Powers to Amend Judge Berger's #10 Scheduling Order; amending the #10 Scheduling Order as follows: Depositions due by 1/31/2019. Dispositive Motions except those filed under Rule 12(b) due by 2/20/2019. Motions in Limine to be filed by 4/5/2019, with responses due by 4/12/2019. Proposed Jury Charges due by 5/20/2019. Plaintiffs' portion of proposed Pretrial Order to defendants due by 5/6/2019. Proposed integrated pretrial order due by 5/13/2019. Pretrial Conference/Final Settlement Conference at 1:30 PM on 5/22/2019 in Beckley. Jury Trial set for 6/10/2019 at 9:00 AM in Beckley before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 12/19/2018. (cc:attys; any unrepresented party) (slr)
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| Filing 55 SECOND JOINT MOTION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers and Ford Motor Company to Amend #10 Scheduling Order. (Attachments: #1 Proposed Order)(Horne, Jerad) (Modified on 12/20/2018 to add party filer) (slr). |
| Filing 54 NOTICE OF DEPOSITION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers of Representative of Ford Motor Company on December 21, 2018 at 11:00 a.m. (Attachment: #1 Exhibit A)(Horne, Jerad) |
| Filing 53 NOTICE OF DEPOSITION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers of Mark Hoffman on January 9, 2019 at 10:00 a.m. (Attachment: #1 Exhibit A)(Horne, Jerad) |
| Filing 52 NOTICE OF DEPOSITION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers of Jim Engle on January 30, 2019 at 10:00 a.m. (Attachment: #1 Exhibit A)(Horne, Jerad) |
| Filing 51 NOTICE OF DEPOSITION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers of David Smith on January 11, 2019 at 10:00 a.m. (Attachment: #1 Exhibit A)(Horne, Jerad) |
| Filing 50 CERTIFICATE OF SERVICE by Ford Motor Company for Rule 26(a)(2) Expert Testimony Disclosures. (Cooke, Andrew) |
| Filing 49 CERTIFICATE OF SERVICE by Ford Motor Company for First Supplemental Answers to Plaintiff's First Set of Interrogatories. (Cooke, Andrew) |
| Filing 48 CERTIFICATE OF SERVICE by Ford Motor Company for First Supplemental Responses to Plaintiffs First Request for Production of Documents. (Cooke, Andrew) |
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Filing 47
STIPULATED PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 10/26/2018. (cc: attys; any unrepresented party) (msa)
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| Filing 46 STIPULATED PROTECTIVE ORDER by Ford Motor Company, Erie Insurance Property & Casualty Company (Cooke, Andrew) (Modified on 10/30/2018 to add party filer) (ts). |
| Filing 45 SECOND AMENDED NOTICE OF DEPOSITION DUCES TECUM by Ford Motor Company of Michael E. Wald on November 5, 2018 at 1:00 p.m. (Cooke, Andrew) |
| Filing 44 SECOND AMENDED NOTICE OF DEPOSITION DUCES TECUM by Ford Motor Company of Michael J. Zazula on November 5, 2018 at 9:00 a.m. (Cooke, Andrew) |
| Filing 43 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Ford Motor Company of Michael J. Zazula on November 5, 2018 at 1:00 p.m. (Cooke, Andrew) |
| Filing 42 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Ford Motor Company of Michael E. Wald on November 5, 2018 at 9:00 a.m. (Cooke, Andrew) |
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Filing 41
ORDER: Cancelling the in chambers conference; advising that the #39 MOTION to Compel Plaintiff's Rule 26(a)(2)(B) Expert Witnesses to Appear for Depositions is now MOOT based on the parties' agreement; directing the Clerk to TERMINATE the Motion. Signed by Magistrate Judge Omar J. Aboulhosn on 10/22/2018. (cc: counsel of record) (btm)
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Filing 40
ORDER: scheduling an In Chambers Conference for 10/22/2018 02:30 PM in Bluefield before Magistrate Judge Omar J. Aboulhosn, #39 MOTION by Ford Motor Company to Compel Plaintiff's Rule 26(a)(2)(B) Expert Witnesses to Appear for Depositions. Signed by Magistrate Judge Omar J. Aboulhosn on 10/17/2018. (cc: counsel of record) (msa)
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| Filing 39 MOTION by Ford Motor Company to Compel Plaintiff's Rule 26(a)(2)(B) Expert Witnesses to Appear for Depositions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cooke, Andrew) |
| Filing 38 NOTICE OF DEPOSITION DUCES TECUM by Ford Motor Company of Michael J. Zazula on October 31, 2018 at 1:00 p.m. (Cooke, Andrew) |
| Filing 37 NOTICE OF DEPOSITION DUCES TECUM by Ford Motor Company of Michael E. Wald on October 31, 2018 at 9:30 a.m. (Cooke, Andrew) |
| Filing 36 NOTICE OF DEPOSITION DUCES TECUM by Ford Motor Company of Richard W. Summerfield on October 25, 2018 at 2:00 p.m. (Cooke, Andrew) |
| Filing 35 CERTIFICATE OF SERVICE by Erie Insurance Property & Casualty Company for Rule 26(a)(2) Expert Testimony Disclosures. (Horne, Jerad) |
| Filing 34 NOTICE of Vehicle and Evidence Inspection by Ford Motor Company (Cooke, Andrew) |
| Filing 33 CERTIFICATE OF SERVICE by Ford Motor Company for Answers to Plaintiff's First Set of Interrogatories. (Cooke, Andrew) |
| Filing 32 CERTIFICATE OF SERVICE by Ford Motor Company for Responses to Plaintiff's First Request for Production of Documents. (Cooke, Andrew) |
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Filing 31
ORDER: Granting the parties' #30 JOINT MOTION to Amend Scheduling Order; amending the following deadlines as set forth: Expert Witness List by parties bearing the burden of proof due by 10/10/2018, by party not bearing burden of proof due by 11/13/2018, and to solely contradict or rebut evidence due by 11/26/2018. Plaintiff's Expert Depositions to take place by 11/5/2018. Defendant's Expert Depositions to take place by 12/21/2018. Deposition requests due by 9/20/2018. Discovery requests to be completed by 11/12/2018, and all depositions by 12/21/2018. Advising that all remaining dates and deadlines set forth in the Court's 2/16/2018 #10 Scheduling Order remain in effect. Signed by Judge Irene C. Berger on 9/12/2018. (cc:attys; any unrepresented party) (btm)
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| Filing 30 JOINT MOTION by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers, Ford Motor Company to Amend #10 Scheduling Order (Attachment: #1 Proposed Order)(Horne, Jerad) (Modified on 9/11/2018 to add party filer) (ts). |
| Filing 29 STATEMENT OF VISITING ATTORNEY from Rosemary C. Eikamp on behalf of Rodney Powers, Erie Insurance Property & Casualty Company, Marquis Brooks, Barbara Brooks. Local counsel: Jerad K. Horne. Fee $50.00. Receipt # AWVSDC-6722718. (Horne, Jerad) |
| Filing 28 RETURN OF SERVICE ON SUBPOENA for Marquis Brooks, Jr. (Proctor, Jason) |
| Filing 27 RETURN OF SERVICE ON SUBPOENA for Barbara Brooks. (Proctor, Jason) |
| Filing 26 NOTICE OF DEPOSITION by Ford Motor Company of Stephen Myers on August 29, 2018 at 1:00 p.m. (Proctor, Jason) |
| Filing 25 NOTICE OF DEPOSITION by Ford Motor Company of Steve Semenske on August 29, 2018 at 10:00 a.m. (Proctor, Jason) |
| Filing 24 CERTIFICATE OF SERVICE by Ford Motor Company for First Supplemental Rule 26(a) Disclosures. (Cooke, Andrew) |
| Filing 23 NOTICE OF DEPOSITIONS by Ford Motor Company of Marquis Brooks on August 24, 2018 at 10:00 a.m. and of Barbara Brooks on August 24, 2018 at 1:00 p.m. (Proctor, Jason) |
| Filing 22 STIPULATION EXTENDING TIME for First Set of Requests for Production of Documents to Defendant Ford Motor Company and First Set of Interrogatories to Defendant Ford Motor Company to September 7, 2018 by Ford Motor Company, Erie Insurance Property & Casualty Company, Marquis Brooks, Barbara Brooks, Rodney Powers (Proctor, Jason) (Modified on 8/15/2018 to add party filers)(ts). |
| Filing 21 STIPULATION EXTENDING TIME for Defendant to File Any Motion to Compel re: Responses to Ford Motor Company's First Set of Requests for Production of Documents, Responses to Defendant Ford Motor Company's First Set of Requests for Admissions, and Responses to Defendant Ford Motor Company's First Set of Interrogatories to August 3, 2018 by Ford Motor Company, Erie Insurance Property & Casualty Company, Marquis Brooks, Barbara Brooks, Rodney Powers (Proctor, Jason) (Modified on 8/1/2018 to add party filers) (ts). |
| Filing 20 CERTIFICATE OF SERVICE by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers for First Set of Interrogatories and First Set of Requests for Production of Documents to Defendant. (Horne, Jerad) |
| Filing 19 CERTIFICATE OF SERVICE by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers for Responses to Defendant, Ford Motor Company's First Set of Request for Admissions. (Horne, Jerad) |
| Filing 18 CERTIFICATE OF SERVICE by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers for Responses to Defendant, Ford Motor Company's First Set of Interrogatories. (Horne, Jerad) |
| Filing 17 CERTIFICATE OF SERVICE by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers for Responses to Defendant, Ford Motor Comopany's First Set of Requests for Production of Documents. (Horne, Jerad) |
| Filing 16 STIPULATION EXTENDING TIME for Plaintiff to Respond to #15 Certificate of Service for First Set of Interrogatories, Requests for Admission and Requests for Production of Documents to June 30, 2018 by Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers, Ford Motor Company (Horne, Jerad) (Modified on 6/13/2018 to add party filers) (ts). |
| IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. The WVSD CM/ECF system will be unavailable from 12:00pm (noon) on Friday, June 8, 2018 until 6:00am on Monday, June 11, 2018. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Instructions for linking your account can be found at #http://www.wvsd. uscourts.gov/pdfs/NextGen/WVSD_Link_PACER_to_CM-ECF.pdf. If you have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) |
| Filing 15 CERTIFICATE OF SERVICE by Ford Motor Company for First Set of Interrogatories, Requests for Admission and Requests for Production of Documents to Plaintiff. (Cooke, Andrew) |
| IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Please log in to the WVSD CM/ECF system at #http://ecf.wv sd.uscourts.gov before June 7, 2018 to make sure you know your current WVSD e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (Kinder2, Mike) (ADI) |
| IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the new WVSD NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVSD e-filing attorneys once the WVSD NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVSD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step can't be completed until on or after June 11, 2018. The first step is to check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the WVSD NextGen CM/ECF upgrade on June 11, 2018: 1) You have an upgraded PACER account for another NextGen court; or, 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVSD CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent at a later date on how to handle the second step in this process. If you still have questions please contact the PACER Service Center at 800-676-6856 or the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) |
| Filing 14 CERTIFICATE OF SERVICE by Ford Motor Company for Rule 26(a) Disclosures. (Cooke, Andrew) |
| Filing 13 CERTIFICATE OF SERVICE by Erie Insurance Property & Casualty Company for Initial Disclosures. (Horne, Jerad) |
| Filing 12 STATEMENT OF VISITING ATTORNEY on behalf of Michael F. Wallace from Erie Insurance Property & Casualty Company. Local counsel: Jerad K. Horne. Fee $50.00. Receipt # 0425-6255135. (Horne, Jerad) (Modified on 2/20/2018 to remove party filers) (ts). |
| Filing 11 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiffs Barbara Brooks, Marquis Brooks, Erie Insurance Property & Casualty Company, Rodney Powers (Horne, Jerad) |
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Filing 10
SCHEDULING ORDER: cancelling the Scheduling Conference previously scheduled for 2/28/2018; ordering that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 3/28/2018. Discovery requests to be completed by 11/12/2018, and all depositions by 12/17/2018. Expert Witness List by parties bearing the burden of proof due by 9/10/2018, by party not bearing burden of proof due by 10/10/2018, and to solely contradict or rebut evidence due by 10/24/2018. Dispositive Motions except those filed under Rule 12(b) due by 1/15/2019. Motions in Limine to be filed by 3/8/2019, with responses due by 3/15/2019. Plaintiffs portion of proposed Pretrial Order to defendants due by 4/2/2019. Proposed integrated pretrial order due by 4/9/2019. Proposed Jury Charges due by 4/15/2019. Pretrial Conference/Final Settlement Conference at 2:30 PM on 4/17/2019 in Beckley. Jury Trial set for 4/29/2019 at 9:00 AM in Beckley before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 2/16/2018. (cc:attys; any unrepresented party) (btm)
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| Filing 9 RULE 26(f) REPORT OF PLANNING MEETING by Ford Motor Company. (Cooke, Andrew) |
| Filing 8 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Ford Motor Company (Cooke, Andrew) |
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Filing 7
ORDER AND NOTICE: Rule 12(b) Motions 1/25/2018. Rule 26(f) Meeting 2/7/2018. Last day to file report of Rule 26(f) Meeting 2/14/2018. Scheduling Conference at 3:00 PM on 2/28/2018 in Beckley. Entry of Scheduling Order 3/7/2018. Last Day to make Rule 26(a)(1) disclosures 3/14/2018. Signed by Judge Irene C. Berger on 1/17/2018. (cc:attys; any unrepresented party) (btm)
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| Filing 6 ANSWER TO #1 Complaint by Ford Motor Company With Jury Demand.(Cooke, Andrew) (Modified on 1/17/2018 to add jury demand) (ts). |
| Filing 5 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 12/26/2017 as to Ford Motor Company. (btm) |
| CASE assigned to Judge Irene C. Berger. (klc) |
| Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (btm) |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Ford Motor Company, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (btm) |
| Filing 2 SUMMONS SUBMITTED by Erie Insurance Property & Casualty Company, Marquis Brooks, Barbara Brooks, Rodney Powers for Ford Motor Company, re: #1 Complaint. (btm) |
| Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # 0425-6153235. (Attachments: #1 Civil Cover Sheet) (btm) |
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