Case: ARMSTRONG v. FORD MOTOR COMPANY

Armstrong v. Ford Motor Company

Armstrong v. Ford Motor Company

No Court

NOTICE OF REMOVAL w/attachments by defts Ford Motor Co. and Visteon Corp. from Circuit Ct of Davidson Co., TN Case Number: 00-C- 3330; Filing Fee $150; Receipt # 77685. (bj) (Entered: 01/10/2001)

NOTICE Of Filing by defts of Removal Notice in the USDC/MDTN. (attachment) (bj) (Entered: 01/10/2001)

NOTICE by defts to Attys Rhonda Whitted and Suzette Payton of removing this cause to the USDC/MDTN. (bj) (Entered: 01/10/2001)

NOTICE of Initial Case Management Conference: Case Management Conference set for 4:00 p.m. on 4/2/01 (cc: all counsel) (bj) (Entered: 01/10/2001)

MOTION by defts Ford Motor Co. and Visteon Corporation for attorneys Kevin E. Hyde and James W. Poppell to appear pro hac vice o/b/o defts Ford Motor Co. and Visteon Corp. (att'd certificates of good standing) (bj) Modified on 01/17/2001 (Entered: 01/17/2001)

CERTIFICATE of Good Standing filed from the USDC, Middle District of FL by Kevin E. Hyde as Attorney for defts Ford Motor Company and Visteon Corporation. (bj) (Entered: 01/17/2001)

CERTIFICATE of Good Standing filed from the USDC, Middle District of FL by James W. Poppell Attorney for defts Ford Motor Company and Visteon Corporation. (bj) (Entered: 01/17/2001)

ORDER by Judge Aleta A. Trauger: granting motion for attorneys Kevin E. Hyde and James W. Poppell to appear pro hac vice o/b/o defts Ford Motor Co. and Visteon Corp. [5-1] (cc: all counsel) EOD 1/18/01 (bj) (Entered: 01/18/2001)

PROPOSED Agreed Order extending answer ddl to 2/9/01. (bj) (Entered: 01/26/2001)

AGREED ORDER by Judge Aleta A. Trauger: deft has until 2/9/01 to answer or respond. (cc: all counsel) EOD 1/29/01 (bj) (Entered: 01/29/2001)

ANSWER by defts Ford Motor Company and Visteon Corporation to Complaint [1-1]; jury demand. (bj) (Entered: 02/09/2001)

PROPOSED Case Mgmt Order. (bj) (Entered: 03/29/2001)

CLERK'S RESUME; Initial Case Management Conference held 4/2/01 ; mediation report due 5/2/01 (vh) (Entered: 04/03/2001)

ORDER by Judge Aleta A. Trauger: a joint mediation report shall be filed by 5/2/01 that designates the agreed-upon mediator and sets the date for mediation. (cc: all counsel) EOD 4/4/01 (bj) (Entered: 04/04/2001)

JOINT Mediation Report filed in compliance with Order [12-1] (bj) (Entered: 05/03/2001)

ORDER by Judge Aleta A. Trauger: with regards to the Joint Mediation Report [13-1], the ddl for selecting a mediator is 6/4/01. (cc: all counsel) EOD 5/8/01 (bj) (Entered: 05/08/2001)

MEDIATION REPORT filed by defts in compliance with Order, D.E. No. 14. (bj) (Entered: 06/06/2001)

SECOND Joint Mediation Report by parties, seeking an extension. (bj) (Entered: 06/06/2001)

MEDIATION REPORT by pltfs. (att'd exhibits A-J) (bj) (Entered: 06/07/2001)

ORDER by Judge Aleta A. Trauger: with regard to an extension sought by the parties in the Second Joint Mediation Report [16-1], the new ddl for selecting a mediator is 7/5/01. (cc: all counsel) EOD 6/7/01 (bj) (Entered: 06/07/2001)

ORDER by Judge Aleta A. Trauger: W/in 5 days of the entry of this Order, the parties shall make their initial disclosures. Court is willing to entertain the selection of a mediator for this case who is not on the court's approved list. EOD 6/11/01 (cc: all counsel) (dlt) (Entered: 06/11/2001)

SECOND Joint Mediation Report filed in compliance with Order [18-1] (bj) (Entered: 07/06/2001)

MEDIATION REPORT by defts Ford Motor Company and Visteon Corporation. (bj) (Entered: 08/28/2001)

PROPOSED Agreed Protective Order. (bj) (Entered: 09/06/2001)

AGREED PROTECTIVE ORDER by Judge Aleta A. Trauger: the parties have scheduled a mediation of their disputes with Robert Brandt and Robert Belton for Oct. 10, 11 and 12, 2001. (cc: all counsel) EOD 9/7/01 (bj) (Entered: 09/07/2001)

MOTION by pltfs to expedite pursuant to Local Rules of Court 8(b)(8) (att'd Memo in support) (bj) (Entered: 10/26/2001)

MEMORANDUM Of Law by pltfs in support of motion to expedite pursuant to Local Rules of Court 8(b)(8) [23-1] (bj) (Entered: 10/26/2001)

MOTION by pltfs for referral to agreed and court-ordered mediation (att'd Memo, prop order) (bj) (Entered: 10/26/2001)

MEMORANDUM Of Law by pltfs in support of motion for referral to agreed and court-ordered mediation [25-1] (bj) (Entered: 10/26/2001)

AFFIDAVIT of Charles Armstrong in support of Motion for referral [25-1] (bj) (Entered: 10/26/2001)

AFFIDAVIT of Dwayne Brown in support of pltfs' Motion for referral [25-1] (bj) (Entered: 10/26/2001)

AFFIDAVIT of Laverne Elliott in support of pltfs' Motion for Referral [25-1] (bj) (Entered: 10/26/2001)

AFFIDAVIT of Onie M. Moore in support of pltfs' Motion for referral [25-1] (bj) (Entered: 10/26/2001)

AFFIDAVIT of Charles Williamson in support of pltfs' Motion for referral [25-1] (bj) (Entered: 10/26/2001)

AFFIDAVIT of Arnold Yeargin in support of pltfs' Motion for referral [25-1] (bj) (Entered: 10/26/2001)

PROPOSED Agreed Order re mediation. (bj) (Entered: 10/26/2001)

ORDER by Judge Aleta A. Trauger: defts shall respond to pltfs' motion for referral to agreed and court-ordered mediation [25-1] and motion to expedite pursuant to Local Rules of Court 8(b)(8) [23-1] by the close of business on 10/31/01, with a courtesy copy delivered to chambers. (cc: all counsel) EOD 10/30/01 (bj) (Entered: 10/30/2001)

MOTION by defts for extension of time to respond to pltfs' motion to expedite and for referral (bj) (Entered: 11/01/2001)

ORDER by Judge Aleta A. Trauger: granting motion for extension of time to respond to pltfs' motion to expedite and for referral [34-1]; new ddl to respond is 2:00 p.m. on 11/2/01 for the motion for referral to agreed and court-ordered mediation [25-1]; new ddl to respond is 2:00 p.m. on 11/2/01 for the motion to expedite pursuant to Local Rules of Court 8(b)(8) [23-1] (cc: all counsel) EOD 11/2/01 (bj) (Entered: 11/02/2001)

MEMORANDUM IN OPPOSITION/RESPONSE by defts Ford Motor Company & Visteon Corporation to pltfs' motion for referral to agreed and court-ordered mediation [25-1] and motion to expedite pursuant to Local Rules of Court 8(b)(8) [23-1] (attachment) (bj) (Entered: 11/05/2001)

ORDER by Judge Aleta A. Trauger: denying motion for referral to agreed and court-ordered mediation [25-1] (cc: all counsel) EOD 11/5/01 (bj) (Entered: 11/05/2001)

ORDER by Judge Aleta A. Trauger: granting motion to expedite pursuant to Local Rules of Court 8(b)(8) [23-1] (cc: all counsel) EOD 11/5/01 (bj) (Entered: 11/05/2001)

LETTER rec'd from Mediator - Robert S. Brandt, stating this case has not settled. (bj) (Entered: 11/13/2001)

NOTICE Of Change Of Address by Suzette Peyton, Atty for pltfs. (xc: AF) (bj) (Entered: 11/27/2001)

LETTER rec'd from mediator Robert S. Brandt advising that pltfs Dwayne Brown, Laverne Elliott and Bernard Bowden have settled their cases. (bj) (Entered: 11/30/2001)

ORDER by Judge Aleta A. Trauger: stipulations of dismissal or other settlement documents shall be filed w/in 20 days by Dwayne Brown, Laverne Elliott and Bernard Bowden. (cc: all counsel) EOD 12/5/01 (bj) (Entered: 12/05/2001)

MOTION by defts Ford Motor Company and Visteon Corporation to schedule status conf (bj) (Entered: 12/11/2001)

ORDER by Judge Aleta A. Trauger: denying w/out prejudice motion to schedule status conf [43-1]; the parties shall submit a joint revised prop case mgmt order that proposes ddls for expert disclosures, disp mtns and discovery. (cc: all counsel) EOD 12/13/01 (bj) (Entered: 12/13/2001)

NOTICE of suggestion of death upon the record under Rule 25(a)(1) by ChuQuitta and Xaviera Simone Sweat for pltf Amos Sweat (mk) (Entered: 01/14/2002)

MOTION by pltf Amos Sweat for leave to substitute parties with attachment (mk) (Entered: 01/14/2002)

ORDER by Judge Aleta A. Trauger: On 12/5/01, court issued order [42-1] directing stipulations of dismissal or other settlement document w/ relation to pltfs Brown, Elliott & Bowden be submitted w/in 20 days. On 12/13/01, court issued order directing parties to confer & submit joint revised proposed CM order, after which court would set case for trial [44-1]. Both orders have not been complied with. Ordered that within 5 days of entry of this order, parties to comply with 2 orders referenced herein. If submission are not timely made, this court will set show-cause hearing at which it will decide which party and/or their counsel will be held in contempt of this court's orders. EOD 1/18/02 (cc: all counsel) (mk) (Entered: 01/18/2002)

PROPOSED Order of Dismissal (mk) (Entered: 01/25/2002)

PROPOSED Revised Case Management Order (gi) (Entered: 01/25/2002)

ORDER by Judge Aleta A. Trauger dismissing pltfs La Verne Elliott and Bernard Bowden with prejudice and pltf Dwayne Brown w/o prejudice. EOD 1/29/02 (cc: counsel) (ot) (Entered: 01/29/2002)

REVISED CASE MANAGEMENT ORDER by Judge Aleta A. Trauger ; Discovery is not stayed during dipositive motions, unless otherwise ordered by Court. All depositions are to be completed by 10/4/02. All dispositive motions shall be filed not later than 120 days prior to the pretrial conference. EOD 1/29/02 (cc: all counsel) (ot) Modified on 01/29/2002 (Entered: 01/29/2002)

ORDER by Judge Aleta A. Trauger: If pltfs are interested in class action status, they are to file their motion seeking class certification by 02/22/02 and the defendants shall respond by 03/08/02 EOD 1/29/02(cc: all counsel) (ot) (Entered: 01/29/2002)

ORDER by Judge Aleta A. Trauger ; Jury trial set for 9:00 on 9/9/03; pretrial conference set 1:30 8/15/03; joint propsed pretrial order to be submitted by 8/12/03 as well as witness/exhibit lists, stipulations and expert witness statments. EOD 1/29/02 (cc: all counsel) (ot) (Entered: 01/29/2002)

RESPONSE by defts Ford Motor Company and Visteon Corporation to motion for leave to substitute parties (ot) Modified on 02/01/2002 (Entered: 02/01/2002)

MOTION by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Amos Sweat, William Thornton, Charles Williamson and Arnold "Rudy" Yeargin for extension of time to file motion for class certification (w/attached Exhibit 1) (ot) Modified on 02/15/2002 (Entered: 02/15/2002)

MOTION by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Amos Sweat, William Thornton, Charles Williamson and Arnold "Rudy" Yeargin to expedite pursuant to Local Rules of Court re mtn for extension of time to file mtn for class certification (ot) Modified on 02/19/2002 (Entered: 02/15/2002)

MOTION by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Amos Sweat, William Thornton, Charles Williamson and Arnold "Rudy" Yeargin for determination that action may be maintained as a class; jury demand. (ot) (Entered: 02/25/2002)

MEMORANDUM by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Amos Sweat, William Thornton,Charles Williamson and Arnold "Rudy" Yeargin in support of motion for determination that action may be maintained as a class; jury demand [55-1]. (w/attached Exhibits A-K) (ot) Modified on 02/25/2002 (Entered: 02/25/2002)

MOTION by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Amos Sweat, William Thornton, Charles Williamson, and Arnold "Rudy" Yeargin for oral argument on motion for determination that action may be maintained as a class action. (ot) Modified on 02/25/2002 (Entered: 02/25/2002)

REPLY by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Amos Sweat, William Thornton, Charles Williamson and Arnold "Rudy" Yeargin to response to motion for extension of time to file motion for class certification [53-1]. (ot) (Entered: 02/26/2002)

ORDER by Judge Aleta A. Trauger granting motion to expedite pursuant to Local Rules of Court re mtn for extension of time to file mtn for class certification; extending ddl for pltfs to seek class certification to within 30 days following deft's responsive pleading to any first amended complaint allowed by Court. EOD 02/27/02 (cc: all counsel) (ot) (Entered: 02/27/2002)

ORDER by Judge Aleta A. Trauger finding the motion for extension of time to file motion for class certification denied as moot [53-1]; granting motion for oral argument on motion for determination that action may be maintained as a class action [57-1]; defts shall respond to the motion for class certification by 03/19/02; pltfs shall hand deliver or send by facsimile copy to the defts their amended complaint by 03/15/02; the pltfs shall file a reply to the defts' response by 03/26/02 and oral argument on the motion for class certification shall be held on 03/28/02 at 10:00 a.m.. EOD 02/27/02 (cc: all counsel) (ot) (Entered: 02/27/2002)

MOTION by defts Ford Motor Company and Visteon Corporation for extension of time to respond to pltf's request for class certification and to reset the 03/28/02 hearing on pltf's motion. (ot) Modified on 03/14/2002 (Entered: 03/14/2002)

NOTICE by deft Visteon Corporation of filing of correspondence designated as Exhibit A to the deft's motion for extension of time to respond to pltf's request for class certification. (w/attached Exhibit A) (ot) Modified on 03/14/2002 (Entered: 03/14/2002)

MOTION by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Amos Sweat, William Thornton, Charles Williamson and Arnold "Rudy" Yeargin to amend Complaint. (w/attached amended complaint) (ot) Modified on 03/18/2002 (Entered: 03/18/2002)

RESPONSE by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Amos Sweat, William Thornton, Charles Williamson and Arnold "Rudy" Yeargin to motion for extension of time to respond to pltf's request for class certification and to reset the 03/28/02 hearing on pltf's motion [61-1]. (w/attached Exhibit A) (ot) Modified on 03/18/2002 (Entered: 03/18/2002)

ORDER by Judge Aleta A. Trauger granting motion to amend Complaint. The Clerk shall file First Amended Complaint [63-1]. EOD 03/20/02 (cc: all counsel) (ot) (Entered: 03/20/2002)

ORDER by Judge Aleta A. Trauger granting motion for extension of time to respond to pltf's request for class certification and to reset the 03/28/02 hearing on pltf's motion [61-1]; granting motion for extension of time to file motion for class certification [53-1]; vacating in part [60-1]. The oral argument on the motion for class certification, presently scheduled for 03/28/02 is postponed. It is hereby ORDERED that new ddls shall pertain in this case and prior orders, to the extent that they are inconsistent with this Order, are superceded. The defts shall respond to first Amended Complaint by 04/12/02; order denying motion for determination that action may be maintained as a class is denied as moot [55-1]; pltfs shall file a new motion for class certification by 05/20/02 and defts shall respond to the motion by 05/20/02; the court shall reschedule the motion for class certification for oral argument at a later time. It is therefore ORDERED that the defts shall file the original of this document within 5 days of the entry of this Order. EOD 03/20/02 (cc: all counsel) (ot) Modified on 04/30/2002 (Entered: 03/20/2002)

FIRST AMENDED COMPLAINT by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, Chuquitta and Xavier Sweatt, Administrators of the Estate of Amos Sweat, William Thornton, Charles Williamson and Arnold "Rudy" Yeargin; jury demand. (w/attached Exhibits A-I) (ot) Modified on 03/20/2002 (Entered: 03/20/2002)

RESPONSE by defts Ford Motor Company and Visteon Corporation to [53- 1]. (ot) (Entered: 03/22/2002)

MEMORANDUM & ORDER by Judge Aleta A. Trauger: For the reasons stated herein, the defts' arguments opposing the substitution of parties are unpersuasive. Granting pltfs' motion for leave to substitute parties [46-1]. Clerk is directed to substitute Chuquitta Sweat and Zaviera Simone Sweat, on behalf of the Estate of Amos Eldridge Sweat, for Amos Eldridge Sweat as parties to this action; terminating Amos Sweat . EOD 3/22/02 (cc: all counsel) (dlt) Modified on 03/22/2002 (Entered: 03/22/2002)

ORDER by Judge Aleta A. Trauger: it appears that the first amended complaint improperly identifies pltfs "Chuquitta and Xavier Sweatt, Administrators of the Estate of Amos Sweatt" (DE #67). The Court finds that the actual names fo these individuals are Chuquitta and Xavier Sweat, Adminstrators of the Estate of Amos Sweat. The Clerk of the Court is directed to correct the docket to reflect the proper spelling of these names. (cc: all counsel) EOD 3/22/02 (vh) (Entered: 03/22/2002)

MOTION with supporting memorandum of law by deft Ford Motor Company and Visteon Corporation to strike portions of first amended complaint. (ot) Modified on 04/15/2002 (Entered: 04/15/2002)

ANSWER AND AFFIRMATIVE DEFENSES by defts Ford Motor Company and deft Visteon Corporation to [67-1]; jury demand. (ot) (Entered: 04/15/2002)

AGREED ORDER by Judge Aleta A. Trauger; by agreement of the parties, the ddl for pltf's response to defts' motion to strike [71-1] shall be extended to 05/03/02. EOD 04/22/02 (cc: all counsel) (ot) (Entered: 04/22/2002)

MOTION by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, William Thornton, Charles Williamson, Arnold "Rudy" Yeargin, Chuquitta Sweat and Xavier Sweat for attorney Cyrus Mehri to appear pro hac vice (w/attached Certificate of Good Standing for Cyrus Mehri from District of Columbia Court of Appeals) (ot) Modified on 04/24/2002 (Entered: 04/24/2002)

CERTIFICATE of Good Standing from USDC, District of Columbia filed by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, William Thornton, Charles Williamson, Arnold "Rudy" Chuquitta Sweat and Xavier Sweat for Cyrus Mehri. (ot) (Entered: 04/26/2002)

ORDER by Judge Aleta A. Trauger granting motion for attorney Cyrus Mehri to appear pro hac vice [74-1] by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, William Thornton, Charles Williamson, Arnold "Rudy" Yeargin, Chuquitta Sweat and Xavier Sweat. EOD 05/08/02 (cc: all counsel) (ot) Modified on 05/08/2002 (Entered: 05/08/2002)

RENEWED MOTION by pltfs for determination that action may be maintained as a class action and for oral argument (ot) Modified on 04/30/2002 (Entered: 04/30/2002)

MEMORANDUM of points and authorities by pltfs in support of renewed motion for determination that action may be maintained as a class action [76- 1] and for oral argument [76-2]. (w/attached Exhibits A-O) (ot) Modified on 04/30/2002 (Entered: 04/30/2002)

MOTION by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, William Thornton, Charles Williamson, Arnold "Rudy" Yeargin, Chuquitta Sweat and Xavier Sweat for extension of time through 05/17/02 to respond to defts' motion to strike (ot) (Entered: 05/02/2002)

ORDER by Judge Aleta A. Trauger granting motion for extension of time [78-1] through 05/17/02 to respond to defts' motion to strike [71-1]. EOD 05/06/02 (cc: all counsel) (ot) (Entered: 05/06/2002)

MOTION by defts for attorney Dabney D. Ware to appear pro hac vice (ot) Modified on 05/08/2002 (Entered: 05/08/2002)

CERTIFICATE of Good Standing from USDC, MD/FL filed by defts Ford Motor Company and Visteon Corporation for Dabney D. Ware. (ot) (Entered: 05/08/2002)

ORDER by Judge Aleta A. Trauger granting motion for oral argument [76-2] on motion for determination that action may maintained as a class action [76-1]; hearing set for 1:30 6/27/02. EOD 05/08/02 (cc: all counsel) (ot) Modified on 05/08/2002 (Entered: 05/08/2002)

ORDER by Judge Aleta A. Trauger granting motion for attorney Dabney D. Ware to appear pro hac vice [80-1] by defts Ford Motor Company and Visteon Corporation. EOD 05/09/02 (cc: all counsel) (ot) (Entered: 05/09/2002)

UNOPPOSED MOTION by defts Ford Motor Company and Visteon Corporation to extend ddl through 05/31/02 for its response to pltf's motion for class certification (ot) (Entered: 05/09/2002)

NOTICE of hearing: Hearing on motion for determination that action may be maintained as a class action [76-1] is reset for 11:00 a.m. on 6/27/02. (dlt) (Entered: 05/13/2002)

UNOPPOSED MOTION by pltfs Charles Armstrong, Marcus Frazier, Jimmy Johnson, Onie Moore, Darla N. Smith, William Thornton, Charles Williamson, Arnold "Rudy" Yeargin, Chuquitta Sweat and Xavier Sweat for additional extension of time through 05/24/02 to respond to deft's motion to strike (ot) Modified on 05/15/2002 (Entered: 05/15/2002)

ORDER by Judge Aleta A. Trauger granting motion to extend ddl through 05/31/02 for its response to pltf's motion for class certification [85-1]. EOD 05/17/02 (cc: all counsel) (ot) (Entered: 05/17/2002)

ORDER by Judge Aleta A. Trauger granting motion for additional extension of time [87-1] through 05/24/02 to respond to deft's motion to strike portions of first amended complaint [71-1]. EOD 05/20/02 (cc: all counsel) (ot) Modified on 05/21/2002 (Entered: 05/20/2002)

RESPONSE by pltfs to motion to strike portions of first amended complaint [71-1] (w/attached exhibits A-F) (gi) (Entered: 05/28/2002)

RETURN OF SERVICE-Subpoena served on Arnold Hayes on 5/3/02 for deposition to be taken on 5/13/02 (ot) Modified on 05/30/2002 (Entered: 05/29/2002)

JOINT MOTION by parties to extend ddls through 06/12/02 for defts' response to motion for class certification and related ddls (ot) (Entered: 05/31/2002)

ORDER by Judge Aleta A. Trauger granting motion to extend ddls through 06/19/02 [92-1] for defts' response to motion for class certification and related ddls [76-1]. EOD 06/04/02 (cc: all counsel) (ot) (Entered: 06/04/2002)

SECOND JOINT MOTION by parties to extend ddl through 06/26/02 for defts' response to pltfs' motion for class certification (ot) (Entered: 06/12/2002)