Hufton et al v. Generac Holdings Inc et al
| Gary Hufton and Aramie McDonald |
| Generac Holdings Inc and Generac Power Systems Inc |
| 2:2023cv00771 |
| June 15, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Lynn Adelman |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.
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Filing 22
ORDER signed by Judge Lynn Adelman on 08/11/2023 GRANTING Dkt. #14 in 2:23-md-03078-LAAssociated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(bx)
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| Filing 21 NOTICE by Nicole Kibert Basler, Kathryn Locatell re: Timekeeping Task Codes; [Proposed] Nunc Pro Tunc Order (Attachments: #1 [Proposed] Nunc Pro Tunc Order re: Application of the Proposed Basler Slate for Appointment of Co-Lead Counsel, Liaison Counsel, and Plaintiffs' Steering Committee, #2 Exhibit 1 to [Proposed] Nunc Pro Tunc Order (Correction to Leadership Order (ECF No. 12) to include Timekeeping Task Codes as Exhibit A thereto))Associated Cases: 2:23-md-03078-LA et al.(Levin-Gesundheit, Michael) |
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Filing 20
SCHEDULING ORDER PURSUANT TO JULY 6, 2023 STATUS CONFERENCE signed by Judge Lynn Adelman on 07/18/23. Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
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Filing 19
ORDER GRANTING THE APPLICATION OF THE PROPOSED BASLER SLATE FOR APPOINTMENT OF CO-LEAD COUNSEL, LIAISON COUNSEL, AND PLAINTIFFS STEERING COMMITTEE signed by Judge Lynn Adelman on 07/18/23.Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
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Filing 18
DECISION AND ORDER signed by Judge Lynn Adelman on 07/18/23. IT IS ORDERED that the Basler Slate's application to be appointed to leadership positions (ECF No. #10 in the master case) is GRANTED. The court will adopt the Slate's proposed order regarding their organization and responsibilities. IT IS FURTHER ORDERED that the application filed by plaintiffs Johnson, Zukas, Hufton, and McDonald (ECF No. #5 in the master case) is DENIED. The court will also enter the parties' proposed schedule for filing a consolidated master complaint and related matters (ECF No. #9 ). Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
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| Filing 17 MOTION to Appoint Counsel Proposed Basler Slate by Marcia Baltimore, Steve Cothren, Daniel Haak, Marcia Baltimore, Nicole Kibert Basler, Steve Cothren, John Dillon, Daniel Haak, Albert Kates, Kathryn Locatell, Dustin Moon, Nicole Kibert Basler, John Dillon, Dustin Moon, Kathryn Locatell, Albert Kates. (Attachments: #1 Text of Proposed Order Granting Application of Proposed Basler Slate for Appointment, #2 Ex B-1 KTB Firm Resume, #3 Ex B-2 LCHB Firm Resume, #4 Ex B-3 MCBPG Firm Resume, #5 Ex B-4 CDL Firm Resume, #6 Ex B-5 CLF Firm Resume, #7 Ex C-1 BRB Firm Resume, #8 Ex C-2 KGG Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Flanner, Mary) |
| Filing 16 STATEMENTPROPOSED Joint Schedule by All Plaintiffs All Parties Joint Proposed Schedule. (Attachments: #1 Text of Proposed Order All Parties Proposed Scheduling Order)Associated Cases: 2:23-md-03078-LA et al.(Flanner, Mary) Modified on 7/14/2023 (jcl). |
| Filing 15 DECLARATION of Elizabeth A. Fegan (Attachments: #1 Exhibit 1 - Fegan Scott Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas) |
| Filing 14 DECLARATION of Rosemary M. Rivas in Support of Plaintiffs Zukas, Johnson, Hufton, and McDonald's Motion for Appointment of Interim Co-Lead Class Counsel and Liaison Counsel (Attachments: #1 Exhibit A - Gibbs Law Group Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas) |
| Filing 13 BRIEF in Support filed by Jeffrey Johnson, James Zukas, Gary Hufton, Aramie McDonald re (12 in 2:23-cv-00771-LA, 5 in 2:23-cv-00892-LA, 30 in 2:23-cv-00684-LA, 19 in 2:23-cv-00772-LA, 17 in 2:23-cv-00683-LA, 5 in 2:23-md-03078-LA, 43 in 2:23-cv-00685-LA, 5 in 2:23-cv-00874-LA, 16 in 2:23-cv-00034-LA, 28 in 2:22-cv-01386-LA) MOTION to Appoint Counsel . Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas) |
| Filing 12 MOTION to Appoint Counsel by Jeffrey Johnson, James Zukas, Gary Hufton, Aramie McDonald. (Attachments: #1 Text of Proposed Order)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas) |
| Filing 11 Minute Entry for proceedings held before Judge Lynn Adelman: Status Conference held on 7/6/2023. Court and parties discuss case status and proposed preliminary proceedings. Based on agreement of the parties, IT IS ORDERED that any leadership applications on behalf of plaintiffs must be filed by July 13, 2023. The court will make leadership appointments after receiving these applications. IT IS FURTHER ORDERED that, by July 13, 2023, the parties shall file statements regarding the timing of other initial matters such as filing a master complaint, defendants deadline for responding, ESI, protective orders, and inspection protocols. Associated Cases: 2:23-md-03078-LA et al.(kmr) |
| Filing 10 Case transferred in from District of California Northern; Case Number 3:23-cv-02462. Original file certified copy of transfer order and docket sheet received. |
| NOTICE Regarding assignment of this matter to Judge Lynn Adelman; ; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (amh) |
| Filing 9 MDL CONDITIONAL TRANSFER ORDER (CTO-1) MDL 3078: TRANSFERRING CASE to the Eastern District of Wisconsin. Signed by The Judicial Panel on Multidistrict Litigation, on 6/14/2023 (anj, COURT STAFF) (Filed on 6/14/2023) [Transferred from cand on 6/15/2023.] |
| #Electronic filing error. REMINDER: Counsel are instructed that all future filings shall bear the initials JSC immediately after the case number. No changes necessary, processed by the Clerk. Re: #5 Consent/Declination to Proceed Before a US Magistrate Judge filed by Gary Hufton, Aramie McDonald (jrs, COURT STAFF) (Filed on 6/5/2023) [Transferred from cand on 6/15/2023.] |
| Filing 8 CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/17/2023. Initial Case Management Conference reset for 8/24/2023 at 1:30 p.m. before Judge Jacqueline Scott Corley by a Zoom videoconference. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 8/23/2023.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ahm, COURT STAFF) (Filed on 6/2/2023) [Transferred from cand on 6/15/2023.] |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 6/2/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 6/2/2023) [Transferred from cand on 6/15/2023.]
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| Filing 6 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2, COURT STAFF) (Filed on 6/2/2023) [Transferred from cand on 6/15/2023.] |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gary Hufton, Aramie McDonald.. (Lenze, Jennifer) (Filed on 6/2/2023) [Transferred from cand on 6/15/2023.] |
| Filing 4 EXHIBITS re #1 Complaint, - Exhibit B (Corrected) filed byGary Hufton, Aramie McDonald. (Related document(s) #1 ) (Lenze, Jennifer) (Filed on 5/22/2023) [Transferred from cand on 6/15/2023.] |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/10/2023. Initial Case Management Conference set for 8/17/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (jrs, COURT STAFF) (Filed on 5/19/2023) [Transferred from cand on 6/15/2023.] |
| Filing 2 Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/2/2023. (bar, COURT STAFF) (Filed on 5/19/2023) [Transferred from cand on 6/15/2023.] |
| Filing 1 COMPLAINT (with Jury Demand) against Generac Holdings, Inc., Generac Power Systems, Inc. No Process. (Filing Fee $ 402.00, receipt number ACANDC-18284173) Filed byGary Hufton, Aramie McDonald. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Lenze, Jennifer) (Filed on 5/19/2023) Modified on 5/19/2023 (bar, COURT STAFF). Modified on 5/19/2023 (jrs, COURT STAFF). [Transferred from cand on 6/15/2023.] |
| #Electronic filing error. Counsel's contact information listed on the Pleading is inconsistent with information listed in ECF. Please clarify. Re: #1 Complaint, filed by Gary Hufton, Aramie McDonald (jrs, COURT STAFF) (Filed on 5/19/2023) [Transferred from cand on 6/15/2023.] |
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