Baltimore et al v. Generac Power Systems, Inc.
Plaintiff: Marcia Baltimore and Steve Cothren
Defendant: Generac Power Systems Inc
Case Number: 2:2023cv00772
Filed: June 14, 2023
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: Lynn Adelman
Nature of Suit: Contract Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2023 Opinion or Order Filing 29 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)
August 9, 2023 NOTICE of Electronic Filing Error re (14 in 2:23-md-03078-LA, 16 in 2:23-cv-00892-LA, 25 in 2:23-cv-00034-LA, 14 in 2:23-cv-00874-LA, 28 in 2:23-cv-00772-LA, 37 in 2:22-cv-01386-LA, 39 in 2:23-cv-00684-LA) Notice re: Timekeeping Task Codes filed by Kathryn Locatell, Nicole Kibert Basler ; All documents must contain an electronic signature.; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov Associated Cases: 2:23-md-03078-LA et al.(jcl)
August 9, 2023 Filing 28 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)
July 18, 2023 Opinion or Order Filing 27 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)
July 18, 2023 Opinion or Order Filing 26 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)
July 18, 2023 Opinion or Order Filing 25 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)
July 13, 2023 Filing 24 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)
July 13, 2023 Filing 23 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).
July 13, 2023 Filing 22 DECLARATION of Elizabeth A. Fegan (Attachments: #1 Exhibit 1 - Fegan Scott Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas)
July 13, 2023 Filing 21 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)
July 13, 2023 Filing 20 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)
July 13, 2023 Filing 19 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)
July 6, 2023 Filing 18 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)
June 14, 2023 Filing 17 NOTICE of Hearing: IT IS ORDERED that a telephonic status conference is scheduled for July 6, 2023 at 9:45 a.m. Participants need to call in for the conference as follows: dial access number 1-877-336-1839. You will be prompted for an access code (4144803) and a security code (1234). Once that information is entered participants will be placed on hold until we access the call. Counsel must email the court prior to the call at AdelmanPO@wied.uscourts.gov to provide the names of attorneys appearing. (cc: all counsel)Associated Cases: 2:23-md-03078-LA et al.(kmr)
June 14, 2023 Filing 16 Case transferred in from District of North Carolina Eastern; Case Number 5:23-cv-00217. Original file certified copy of transfer order and docket sheet received.
June 14, 2023 NOTICE Regarding assignment of this matter to Judge Lynn Adelman (jcl)
June 8, 2023 Filing 15 CONDITIONAL TRANSFER ORDER. Signed by Tiffaney D. Pete, Clerk of the Panel, 6/6/2023. (McNally, Kimberly) [Transferred from nced on 6/14/2023.]
June 8, 2023 Filing 14 STATUS REPORT (Joint) by Generac Power Systems, Inc. (Hahn, John) [Transferred from nced on 6/14/2023.]
June 1, 2023 Filing 13 STATUS REPORT Joint Status Report by Generac Power Systems, Inc. (Hahn, John) [Transferred from nced on 6/14/2023.]
April 26, 2023 Opinion or Order Filing 12 ORDER granting #6 Motion to Stay. All proceedings in this case are STAYED pending further order of the court. The parties shall file a joint report on the first business day of each month, commencing June 1, 2023, informing the court of the status of the pending motion filed with the Judicial Panel on Multidistrict Litigation in case number MDL No. 3078. Signed by Chief U.S. District Judge Richard E. Myers II on 4/26/2023. Counsel is reminded to read the order in its entirety for other critical information and deadlines. (Copy of order mailed to David G. Omer of Omer Law Firm, PLLC at 9131 Anson Way, Suite 205, Raleigh, NC 27615.) (McNally, Kimberly) [Transferred from nced on 6/14/2023.]
April 26, 2023 Filing 11 Notice filed by Generac Power Systems, Inc. Filing of State Court Notice Pursuant to Local Rule 5.3(a)(2). (Attachments: #1 Exhibit 1 - Notice of Filing of Notice of Removal) (Hahn, John) [Transferred from nced on 6/14/2023.]
April 26, 2023 Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #6 MOTION to Stay [Unopposed]. (McNally, Kimberly) [Transferred from nced on 6/14/2023.]
April 25, 2023 Filing 10 Certificate of Service filed by Generac Power Systems, Inc. regarding #5 Notice of Appearance, #9 Notice of Special Appearance . (Hahn, John) [Transferred from nced on 6/14/2023.]
April 25, 2023 Filing 9 Notice of Special Appearance for non-district by Michael Jon Gill on behalf of Generac Power Systems, Inc.. (Gill, Michael) [Transferred from nced on 6/14/2023.]
April 24, 2023 Filing 8 Certificate of Service filed by Generac Power Systems, Inc. regarding #6 MOTION to Stay [Unopposed], #7 Memorandum in Support . (Hahn, John) [Transferred from nced on 6/14/2023.]
April 24, 2023 Filing 7 Memorandum in Support regarding #6 MOTION to Stay [Unopposed] filed by Generac Power Systems, Inc.. (Hahn, John) [Transferred from nced on 6/14/2023.]
April 24, 2023 Filing 6 MOTION to Stay [Unopposed] filed by Generac Power Systems, Inc.. (Attachments: #1 Exhibit 1 - Corrected Schedule of Actions, #2 Exhibit 2 - MDL Motion, #3 Exhibit 3 - April 17, 2023 email, #4 Text of Proposed Order) (Hahn, John) [Transferred from nced on 6/14/2023.]
April 24, 2023 Filing 5 Notice of Appearance filed by John S. Hahn on behalf of Generac Power Systems, Inc.. (Hahn, John) [Transferred from nced on 6/14/2023.]
April 24, 2023 Filing 4 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, David G. Omer of Omer Law Firm, PLLC at 9131 Anson Way, Suite 205, Raleigh, NC 27615 mailed via US Mail on April 24, 2023. (Rudd, D.) [Transferred from nced on 6/14/2023.]
April 24, 2023 Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) [Transferred from nced on 6/14/2023.]
April 24, 2023 Notice to Counsel regarding: #1 Notice of Removal. Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). No further action is needed at this time. (Rudd, D.) [Transferred from nced on 6/14/2023.]
April 21, 2023 Filing 3 Certificate of Service filed by Generac Power Systems, Inc. regarding #2 Financial Disclosure Statement, #1 Notice of Removal, . (Hahn, John) [Transferred from nced on 6/14/2023.]
April 21, 2023 Filing 2 Financial Disclosure Statement by Generac Power Systems, Inc. identifying Corporate Parent Generac Holdings, Inc., Corporate Parent Generac Acquisition Corp. for Generac Power Systems, Inc.. (Hahn, John) [Transferred from nced on 6/14/2023.]
April 21, 2023 Filing 1 NOTICE OF REMOVAL by Generac Power Systems, Inc. from State of North Carolina Superior Court for Wake County, case number 23CV00641-910. ( Filing fee $ 402 receipt number ANCEDC-7052291), filed by Generac Power Systems, Inc. (Attachments: #1 Exhibit 1- State Court Pleadings, #2 Civil Cover Sheet, #3 Supplemental Removal Cover Sheet) (Hahn, John) Modified on 4/24/2023 to describe exhibits. (Rudd, D.) [Transferred from nced on 6/14/2023.]

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Plaintiff: Marcia Baltimore
Represented By: Mary C Flanner
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Plaintiff: Steve Cothren
Represented By: Mary C Flanner
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Defendant: Generac Power Systems Inc
Represented By: Michael J Gill
Represented By: John S Hahn
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