Case details

Court: flmd
Docket #: 5:01-cv-00266
Case Name: Nelson v. Freightliner, LLC, et al
PACER case #: 51015
Date filed: 2001-08-10
Date terminated: 2004-05-04
Assigned to: Chief Judge Anne C. Conway
Referred to: Magistrate Judge Gary R. Jones
Case Cause: 28:1332 Diversity-Product Liability
Nature of Suit: 355 Motor Vehicle Prod. Liability
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Kristine Mary Nelson
Plaintiff
as Personal Representative of the Estate of Robert Bruce Nelson
John Wesley Frost , II
Frost, Van den Boom & Smith, PA PO Box 2188 Bartow, FL 33831-2188 863/533-0314 Fax: 863/533-8985 Email: JFrost1985@aol.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John M. Tamayo
Valenti, Campbell, Trohn, Tamayo & Aranda, PA PO Box 2369 Lakeland, FL 33806-2369 863/686-0045 Fax: 863/616-1445 Email: j.tamayo@vcttalawyers.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Freightliner, LLC
Defendant
a foreign limited liability corporation
Myron Shapiro
Rumberger, Kirk & Caldwell, PA 80 SW 8th St - Ste 3000 PO Box 01-9041 Miami, FL 33130 305-358-5577 Fax: 305-371-7580 Email: mshapiro@rumberger.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenn W. Goff
, FL Email: kenngoff@bellsouth.net
TERMINATED: 05/02/2005

Interstate Equipment Leasing, Inc.
Defendant
a foreign corporation
A. Craig Cameron
Cameron, Hodges, Coleman, LaPointe & Wright, PA 185 W Magnolia Ave Longwood, FL 32750 407/841-5030 Fax: 407/841-1727 Email: ccameron@cameronhodges.com
TERMINATED: 02/20/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Myron Shapiro
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenn W. Goff
(See above for address)
TERMINATED: 05/02/2005

Swift Transportation
Defendant
a foreign corporation
A. Craig Cameron
(See above for address)
TERMINATED: 02/20/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Myron Shapiro
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenn W. Goff
(See above for address)
TERMINATED: 05/02/2005

Howard R. Marsee
Mediator
Mediator TERMINATED: 10/28/2002

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-08-10 1 0 NOTICE OF REMOVAL from 5th Judicial Circuit Court, Marion County, with state court record attached, by Freightliner, LLC ( State Court case no.: 01-1348-CA-B) Filed in state court on 7/2/01. Filing fee $ 150.00 Receipt # C-983 (ail) (Entered: 08/13/2001)
2001-08-10 2 0 COMPLAINT filed; jury demand (filed in State Court on 7/2/01) (ail) (Entered: 08/13/2001)
2001-08-10 3 0 MOTION by Interstate Equipment Leasing, Inc., Swift Transportation with memorandum in support to dismiss complaint (ail) (Entered: 08/13/2001)
2001-08-13 4 0 NOTICE to counsel of new case number and judge assignment (signed by deputy clerk) ctc (ail) (Entered: 08/13/2001)
2001-08-15 5 0 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (mam) (Entered: 08/15/2001)
2001-08-23 6 0 RESPONSE by Kristine Mary Nelson with memorandum in support to [3-1] motion to dismiss complaint (ail) (Entered: 08/24/2001)
2001-08-24 7 0 MOTION by Freightliner, LLC to dismiss with respect to plaintiffs complaint , and/or for more definite statement with respect to plaintiffs complaint (laa) (Entered: 08/27/2001)
2001-09-10 8 0 RESPONSE by Kristine Mary Nelson and memorandum of law to [7-1] motion to dismiss with respect to plaintiffs complaint, [7-2] motion for more definite statement with respect to plaintiffs complaint (ail) (Entered: 09/10/2001)
2001-10-31 9 0 CASE MANAGEMENT REPORT (ail) (Entered: 11/01/2001)
2001-11-08 10 0 SCHEDULING NOTICE: setting preliminary pretrial conference for 1:00 11/28/01 scheduled for Magistrate Judge Gary R. Jones ( Signed by Deputy Clerk ) ctc (ail) (Entered: 11/08/2001)
2001-11-16 11 0 MOTION by Kristine Mary Nelson to reschedule preliminary pretrial conference referred to Magistrate Judge Gary R. Jones (ail) (Entered: 11/16/2001)
2001-11-20 12 0 ORDER granting [11-1] motion to reschedule preliminary pretrial conference, resetting preliminary pretrial conference for 2:00 12/18/01 scheduled for Magistrate Judge Gary R. Jones ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 11/20/2001)
2001-11-21 13 0 RESPONSE by Freightliner, LLC to [11-1] motion to reschedule preliminary pretrial conference (ail) (Entered: 11/21/2001)
2001-11-21 14 0 NOTICE by Freightliner, LLC of unavailability of counsel from 4/3/02 to 4/5/02 and from 5/5/02 to 5/23/02 (ail) (Entered: 11/21/2001)
2001-12-19 15 0 ORDER setting forth the deadlines proposed by the parties at the preliminary pretrial conference; the clerk is directed to issue a case management and scheduling order based on same ( Signed by Magistrate Judge Gary R. Jones ) ctc (laa) (Entered: 12/19/2001)
2001-12-18 16 0 PRELIMINARY PRETRIAL CONFERENCE held on 12/18/01 before Magistrate Judge Gary R. Jones; Tape: 01-76/1503-5250 (laa) (Entered: 12/19/2001)
2001-12-20 17 0 CASE MANAGEMENT AND SCHEDULING ORDER setting plaintiffs expert disclosure for 5/1/02; defendants expert disclosure by 8/1/02; Discovery cutoff for 11/1/02; dispositive motion filing deadline for 12/1/02; Daubert motion deadline for 12/1/02; motions in limine for 1/15/03; Pretrial statement due on or before 2/14/03; Pretrial conference for 9:30 on 2/19/03; Jury trial set for term commencing 3/3 3/10 and 3/17/03; Scheduled for Sr. Judge Wm. T. Hodges ( signed Deputy Clerk ) ctc (laa) (Entered: 12/20/2001)
2002-01-09 18 0 FIRST MOTION by Freightliner, LLC to compel discovery referred to Magistrate Judge Gary R. Jones (ail) (Entered: 01/09/2002)
2002-01-31 19 0 ORDER granting [18-1] motion to compel discovery; plaintiff have 15 days proper answers to defendant's interrogatories and response to request for production; regarding defendant's request for sanctions, plaintiff is directed to pay defendant the reasonable expenses and attorney's fees incurred in making the instant motion; defendant have 10 days to file an affidavit detailing such expneses and fees and plaintiff have 10 days after to object ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) Modified on 02/15/2002 (Entered: 01/31/2002)
2002-02-07 20 0 ORDER denying [3-1] motion to dismiss complaint; and denying [7-1] motion to dismiss with respect to plaintiffs complaint, and [7-2] motion for more definite statement with respect to plaintiffs complaint ( Signed by Sr. Judge Wm. T. Hodges ) ctc (ail) (Entered: 02/07/2002)
2002-02-12 21 0 COMPLIANCE by Freightliner, LLC to [19-1] order re: affidavit of Kenn W. Goff (ail) (Entered: 02/13/2002)
2002-02-13 22 0 MOTION by Kristine Mary Nelson for reconsideration of [19-1] order on attorney's fees referred to Magistrate Judge Gary R. Jones (ail) (Entered: 02/15/2002)
2002-02-15 23 0 STIPULATION for substitution of counsel by defendant Interstate Equipment, defendant Swift Transportation . (mam) (Entered: 02/19/2002)
2002-02-19 24 0 AMENDED MOTION amending [22-1] motion for reconsideration of [19-1] order on attorney's fees (amended) by Kristine Mary Nelson referred to Magistrate Judge Gary R. Jones (ail) (Entered: 02/20/2002)
2002-02-19 25 0 ANSWER to [2-1] complaint by Interstate Equipment, Swift Transportation; jury demand (ail) (Entered: 02/20/2002)
2002-02-20 26 0 ORDER granting [23-1] stipulation for substitution of counsel terminated attorney A. Craig Cameron for Swift Transportation, attorney A. Craig Cameron for Interstate Equipment Added Myron Shapiro, Kenn W. Goff. ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 02/20/2002)
2002-02-21 27 0 ORDER denying [22-1] motion for reconsideration of [19-1] order on attorney's fees; terminating [24-1] amended motion for reconsideration of [19-1] order on attorney's fees; plaintiff is directed to pay defendant Freightliner LLC the amount of $609.00 for fees and expenses incurred within 20 days from the date of this order ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) Modified on 02/21/2002 (Entered: 02/21/2002)
2002-02-21 28 0 RESPONSE by Kristine Mary Nelson in opposition to [21-1] response to Court's Order dated 1/31/02 re: affidavit of Kenn W. Goff (ail) (Entered: 02/21/2002)
2002-02-25 29 0 RESPONSE by Freightliner, LLC to [22-1] motion for reconsideration of [19-1] order on attorney's fees, [24-1] amended motion for reconsideration of [19-1] order on attorney's fees (amended) (ail) (Entered: 02/25/2002)
2002-02-27 30 0 REPLY to affirmative defenses by Kristine Mary Nelson (ail) (Entered: 02/27/2002)
2002-02-27 31 0 ANSWER to [2-1] complaint by Freightliner, LLC; jury demand (ail) (Entered: 02/27/2002)
2002-03-01 32 0 MOTION by Kristine Mary Nelson for reconsideration of amount awarded in [27-1] order on attorney's fees dated 2/21/02 referred to Magistrate Judge Gary R. Jones (ail) (Entered: 03/01/2002)
2002-03-05 33 0 ORDER denying [32-1] motion for reconsideration of amount awarded in [27-1] order on attorney's fees dated 2/21/02 ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 03/05/2002)
2002-03-05 34 0 REPLY to affirmative defenses by Kristine Mary Nelson (ail) (Entered: 03/05/2002)
2002-03-15 35 0 MOTION by Kristine Mary Nelson to compel defendants' Interstate Equipment Leasing, Inc. and Swift Transportation Co., Inc., initial disclosure referred to Magistrate Judge Gary R. Jones (ail) (Entered: 03/15/2002)
2002-03-18 36 0 ORDER [35-1] plaintiff's motion to compel defendants' Interstate Equipment Leasing, Inc. and Swift Transportation Co., Inc., initial disclosure denied without prejudice for failure to comply with Local Rule 3.01(g) (Signed by Magistrate Judge Gary R. Jones) ctc (jrm) (Entered: 03/19/2002)
2002-03-25 37 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to serve responses to plaintiff's request for production referred to Magistrate Judge Gary R. Jones (mam) (Entered: 03/26/2002)
2002-03-27 38 0 ORDER granting [37-1] motion to extend time to serve responses to plaintiff's request for production; defendants have until 4/1/02 to serve their responses to request for production ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 03/27/2002)
2002-04-02 39 0 UNOPPOSED SECOND MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to serve responses to plaintiff's request for production (unopposed second) referred to Magistrate Judge Gary R. Jones (ail) (Entered: 04/02/2002)
2002-04-03 40 0 ORDER granting [39-1] unopposed second motion to extend time to serve responses to plaintiff's request for production; defendant have until 4/4/02 to serve their responses ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 04/03/2002)
2002-05-13 41 0 MOTION by Kristine Mary Nelson with memorandum in support to strike certain affirmative defenses , and for sanctions pursuant to Rule 11 referred to Magistrate Judge Gary R. Jones (ail) (Entered: 05/13/2002)
2002-05-17 42 0 NOTICE of referral to court annexed arbitration. Stipulation form and hand-out mailed to counsel. Stipulation due by 6/6/02. ctc (maa) (Entered: 05/17/2002)
2002-05-24 43 0 CERTIFICATION by Freightliner, LLC, Interstate Equipment, Swift Transportation that damages exceed $150,000. (maa) (Entered: 05/24/2002)
2002-05-24 44 0 NOTICE of Removal from Court Annexed Arbitration Program. (maa) (Entered: 05/24/2002)
2002-05-24 45 0 Notice of Objection to Notice of Referral to the Court Annexed Arbitration Program and MOTION by Kristine Mary Nelson for referral to mediation (ail) (Entered: 05/28/2002)
2002-05-29 46 0 UNOPPOSED MOTION by Freightliner, LLC to extend time to respond to plaintiff's motion to strike certain affirmative defenses and motion for sanctions pursuant to Rule 11 (unopposed) referred to Magistrate Judge Gary R. Jones (ail) (Entered: 05/29/2002)
2002-05-30 47 0 ORDER granting [46-1] unopposed motion to extend time to respond to plaintiff's motion to strike certain affirmative defenses and motion for sanctions pursuant to Rule 11; defendant have until 5/31/02 to serve its response ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 05/30/2002)
2002-05-31 48 0 ORDER referring case to mediation. Parties have 2 weeks to select a mediator. Conduct hearing by 9/1/02 Lead counsel, counsel for plaintiff, to coordinate dates. granting [45-1] motion for referral to mediation; mooting [45-1] notice of objections ( Signed by Magistrate Judge R. Jones ) ctc ctc (ail) (Entered: 05/31/2002)
2002-06-03 49 0 RESPONSE by Freightliner, LLC to [41-1] motion to strike certain affirmative defenses, and [41-2] motion for sanctions pursuant to Rule 11 (ail) (Entered: 06/03/2002)
2002-06-03 50 0 ORDER granting [46-1] unopposed motion to extend time to respond to plaintiff's motion to strike certain affirmative defenses and motion for sanctions pursuant to Rule 11; defendant have until 5/31/02 to respond ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) Modified on 06/05/2002 (Entered: 06/04/2002)
2002-06-05 51 0 UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to respond to plaintiff's interrogatories and requests for production (unopposed) referred to Magistrate Judge Gary R. Jones (ail) (Entered: 06/05/2002)
2002-06-06 52 0 ORDER granting [51-1] consent motion to extend time to respond to plaintiff's interrogatories and requests for production; defendants have until 6/10/02 to serve their responses ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 06/06/2002)
2002-06-13 53 0 MOTION by Kristine Mary Nelson for leave to file reply to Defendant, Freightliner LLC's response to Plaintiff's motion to strike certain affirmative defenses and/or for hearing on [49-1] motion response ; referred to Magistrate Judge Gary R. Jones (proposed pleading enclosed) (lmf) Modified on 06/18/2002 (Entered: 06/17/2002)
2002-06-13 54 0 REPLY by Kristine Mary Nelson to response to [41-1] motion to strike certain affirmative defenses, [41-2] motion for sanctions pursuant to Rule 11 (ail) (Entered: 06/18/2002)
2002-06-17 55 0 NOTICE of filing defendant, Freightliner LLC's response to plaintiff's second set of interrogatories pursuant to Local Rule 3.03 in further support of plaintiff's response to Freightliner's motion for sanctions pursuant to Rule 11 by Kristine Mary Nelson (ail) (Entered: 06/18/2002)
2002-06-18 56 0 ORDER granting in part, denying in part [41-1] motion to strike certain affirmative defenses, as set forth in this order; denying [41-2] motion for sanctions pursuant to Rule 11, and denying [49-1] motion for sanctions; denying as moot [53-1] motion for leave to file reply to Defendant, Freightliner LLC's response to Plaintiff's to strike certain affirmative defenses, and/or [53-2] for hearing on [49-1] motion response ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 06/19/2002)
2002-06-19 57 0 RESPONSE by Freightliner, LLC to [53-1] motion for leave to file reply to Defendant, Freightliner LLC's response to Plaintiff's motion to strike certain affirmative defenses (ail) (Entered: 06/19/2002)
2002-08-09 58 0 NOTICE of to Court of Selection of Mediator and Mediation Date by Kristine Mary Nelson (ail) (Entered: 08/09/2002)
2002-09-03 59 0 MOTION by Kristine Mary Nelson with memorandum in support for partial summary judgment on certain of defendant Freightliner LLC's affirmative defenses (ail) (Entered: 09/04/2002)
2002-09-04 60 0 SUMMARY JUDGMENT NOTICE: response to motion set to 9/18/02 for [59-1] motion for partial summary judgment on certain of defendant Freightliner LLC's affirmative defenses by plaintiff (Signed by Deputy Clerk) ctc (ail) (Entered: 09/04/2002)
2002-09-16 61 0 MOTION by Freightliner, LLC to extend time to respond to plaintiff's motion for partial summary judgment referred to Magistrate Judge Gary R. Jones (ail) (Entered: 09/16/2002)
2002-09-17 62 0 ORDER granting [61-1] motion to extend time to respond to plaintiff's motion for partial summary judgment, response to motion set to 10/2/02 for [59-1] motion for partial summary judgment on certain of defendant Freightliner LLC's affirmative defenses by plaintiff (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 09/17/2002)
2002-09-20 63 0 RESPONSE by Kristine Mary Nelson to [61-1] motion to extend time to respond to plaintiff's motion for partial summary judgment (ail) (Entered: 09/20/2002)
2002-10-03 64 0 SECOND MOTION by Freightliner, LLC to extend time to respond to plaintiff's motion for partial summary judgment as to certain affirmative defenses (second) referred to Magistrate Judge Gary R. Jones (ail) (Entered: 10/03/2002)
2002-10-04 65 0 ORDER granting [64-1] second motion to extend time to respond to plaintiff's motion for partial summary judgment as to certain affirmative defenses, response to motion set to 10/8/02 for [59-1] motion for partial summary judgment by plaintiff (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 10/07/2002)
2002-10-09 66 0 RESPONSE by Freightliner, LLC to [59-1] motion for partial summary judgment on certain of defendant Freightliner LLC's affirmative defenses (ail) (Entered: 10/09/2002)
2002-10-15 67 0 NOTICE of clarification as to standard of review on Plaintiff's motion for partial summary judgment on certain affirmative defenses by Freightliner, LLC (ail) (Entered: 10/15/2002)
2002-10-17 68 0 RESPONSE by Kristine Mary Nelson to [64-1] second motion to extend time to respond to plaintiff's motion for partial summary judgment as to certain affirmative defenses (ail) (Entered: 10/17/2002)
2002-10-21 69 0 NOTICE of filing deposition excerpts of Kristine Mary Nelson's testimony cited in response to plaintiff's motion for partial summary judgment on certain affirmative defenses by Freightliner, LLC re: Doc. #66 (ail) (Entered: 10/21/2002)
2002-10-28 70 0 MEDIATION REPORT. Mediation conference held: 10/22/02. Howard R. Marsee, mediator. Hearing outcome: Impasse (filed in Jacksonville Division) (ail) (Entered: 10/29/2002)
2002-11-18 71 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time deadline for filing dispositive and Daubert motions referred to Magistrate Judge Gary R. Jones (ail) (Entered: 11/19/2002)
2002-11-18 72 0 MOTION by Kristine Mary Nelson to compel deposition testimony of Terrance Douglas regarding carbon monoxide investigation referred to Magistrate Judge Gary R. Jones (ail) (Entered: 11/19/2002)
2002-11-19 73 0 EMERGENCY MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for protective order with respect to deposition of Clarence James (emergency) referred to Magistrate Judge Gary R. Jones (ail) (Entered: 11/19/2002)
2002-11-19 74 0 TELEPHONE CONFERENCE held on 11/19/02 before Magistrate Judge Gary R. Jones re: emergency motion for protective order; order to enter. (ail) (Entered: 11/19/2002)
2002-11-19 75 0 ORDER denying [73-1] emergency motion for protective order with respect to deposition of Clarence James (Signed by Magistrate Judge Gary R. Jones) ctc (ail) Modified on 11/19/2002 (Entered: 11/19/2002)
2002-11-21 76 0 MOTION by Kristine Mary Nelson for leave to take deposition by telephone referred to Magistrate Judge Gary R. Jones (ail) (Entered: 11/21/2002)
2002-11-25 77 0 MOTION by Kristine Mary Nelson to extend one-month discovery cut-off date referred to Magistrate Judge Gary R. Jones (ail) (Entered: 11/25/2002)
2002-11-25 78 0 ORDER granting [76-1] motion for leave to take deposition by telephone (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 11/25/2002)
2002-11-26 79 0 RESPONSE by Kristine Mary Nelson to [71-1] motion to extend time deadline for filing dispositive and Daubert motions (mam) (Entered: 11/26/2002)
2002-11-27 80 0 SUPPLEMENT by Kristine Mary Nelson to [77-1] motion to extend one-month discovery cut-off date (mam) (Entered: 11/27/2002)
2002-11-29 81 0 MOTION by Kristine Mary Nelson to strike Defendant's Expert, Robert Demott's, Testimony referred to Magistrate Judge Gary R. Jones (mam) (Entered: 11/29/2002)
2002-12-02 82 0 ORDER granting [71-1] motion to extend time deadline for filing dispositive and Daubert motions and granting [77-1] motion to extend one-month discovery cut-off date; the Clerk is directed to issue an amended scheduling order reflecting the changes in the dates as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 12/03/2002)
2002-12-05 83 0 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER setting Discovery cutoff 12/31/02 ; dispositive motion filing deadline for 4/1/03; Pretrial conference for 1:30 3/19/03 ; Jury trial set for weeks of 4/1, 4/7, and 4/14/03 ; Scheduled for Sr. Judge Wm. T. Hodges ( signed by Deputy Clerk ) ctc (mam) (Entered: 12/05/2002)
2002-12-06 84 0 2ND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER setting Discovery cutoff 12/31/02 ; dispositive motion filing deadline for 1/10/03; Pretrial conference for 1:30 3/19/03 ; Jury trial set for weeks of 3/31, 4/7, 4/14/03 ; Scheduled for Sr. Judge Wm. T. Hodges ( signed by Deputy Clerk ) ctc (mam) (Entered: 12/06/2002)
2002-12-09 85 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to respond to plaintiff's motion to compel deposition testimony regarding carbon monoxide intoxication referred to Magistrate Judge Gary R. Jones (ail) (Entered: 12/09/2002)
2002-12-10 86 0 ORDER granting [85-1] motion to extend time to respond to plaintiff's motion to compel deposition testimony regarding carbon monoxide intoxication, response to motion set to 12/16/02 for [72-1] motion to compel deposition testimony of Terrance Douglas regarding carbon monoxide investigation by plaintiff ( Signed by Magistrate Judge Gary R. Jones ) ctc (ail) (Entered: 12/10/2002)
2002-12-11 87 0 RESPONSE by Kristine Mary Nelson to [85-1] motion to extend time to respond to plaintiff's motion to compel deposition testimony regarding carbon monoxide intoxication (ail) (Entered: 12/11/2002)
2002-12-11 88 0 MOTION by Kristine Mary Nelson to compel Defendant's Freightliner LLC's, Interstate Equipment Leasing, Inc.'s, and Swift Transportation Co., Inc.'s, response to interrogatory No. 2 of Plaintiff's interrogatories propounded with request for admissions dated 10/24/02 referred to Magistrate Judge Gary R. Jones (ail) Modified on 12/13/2002 (Entered: 12/11/2002)
2002-12-13 89 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to respond to plaintiff's motion for one-month extension of discovery cutt-off date and plaintiff's supplement to motion for one-month extension of discovery cut-off date referred to Magistrate Judge Gary R. Jones (ail) (Entered: 12/17/2002)
2002-12-16 90 0 UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to respond to plaintiff's motion to strike defendants' expert, Robert Demott's testimony referred to Magistrate Judge Gary R. Jones (ail) (Entered: 12/16/2002)
2002-12-16 91 0 ORDER terminating as moot [89-1] motion to extend time to respond to plaintiff's motion for one-month extension of discovery cutt-off date and plaintiff's supplement to motion for one-month extension of discovery cut-off date (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 12/17/2002)
2002-12-16 92 0 ORDER granting [90-1] consent motion to extend time to respond to plaintiff's motion to strike defendants' expert, Robert Demott's testimony. Defendants have until 12/24/02 to respond to plaintiff's motion to strike testimony (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 12/17/2002)
2002-12-18 93 0 UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time for additional 2-day to respond to plaintiff's motion to compel deposition testimony regarding carbon monoxide intoxication (unopposed) referred to Magistrate Judge Gary R. Jones (ail) (Entered: 12/19/2002)
2002-12-18 94 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [72-1] motion to compel deposition testimony of Terrance Douglas regarding carbon monoxide investigation (ail) (Entered: 12/19/2002)
2002-12-20 95 0 ORDER granting [93-1] consent motion to extend time for additional 2-day to respond to plaintiff's motion to compel deposition testimony regarding carbon monoxide intoxication. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 12/23/2002)
2002-12-27 96 0 MOTION by Kristine Mary Nelson for extension of time to 1/31/03 for discovery cut-off referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 12/27/2002)
2002-12-26 97 0 RESPONSE by Freightliner, LLC, Interstate Equipment and Swift Transportation in opposition to [81-1] motion to strike Defendant's Expert, Robert Demott's, Testimony (lmf) (Entered: 12/27/2002)
2002-12-30 98 0 RESPONSE by Freightliner, LLC, Interstate Equipment to [88-1] motion to compel Defendant's Freightliner LLC's, Interstate Equipment Leasing, Inc.'s, and Swift Transportation Co., Inc.'s, response to interrogatory No. 2 of Plaintiff's interrogatories propounded with request for admissions dated 10/24/02 (ail) (Entered: 12/30/2002)
2003-01-02 99 0 ORDER denying [72-1] motion to compel deposition testimony of Terrance Douglas regarding carbon monoxide investigation, as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 01/03/2003)
2003-01-03 100 0 ORDER denying [81-1] motion to strike Defendant's Expert, Robert Demott's, Testimony, as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 01/06/2003)
2003-01-09 101 0 ORDER granting [88-1] motion to compel Defendant's Freightliner LLC's, Interstate Equipment Leasing, Inc.'s, and Swift Transportation Co., Inc.'s, response to interrogatory No. 2 of Plaintiff's interrogatories propounded with request for admissions dated 10/24/02. Defendants are directed to serve a complete amended response within 15 days from the date of this order. Plaintiff's request for attorneys' fees and cost is denied. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 01/10/2003)
2003-01-13 102 0 SECOND MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time for filing dispositive and Daubert motions (second) referred to Magistrate Judge Gary R. Jones (ail) (Entered: 01/13/2003)
2003-01-15 103 0 SUPPLEMENT by Freightliner, LLC, Interstate Equipment, Swift Transportation to [102-1] second motion to extend time for filing dispositive and Daubert motions (ail) (Entered: 01/15/2003)
2003-01-15 104 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [96-1] motion for extension of time to 1/31/03 for discovery cut-off (ail) (Entered: 01/15/2003)
2003-01-15 105 0 RESPONSE by Kristine Mary Nelson in opposition to [102-1] second motion to extend time for filing dispositive and Daubert motions (ail) (Entered: 01/15/2003)
2003-01-17 106 0 ORDER setting a telephone hearing to resolve the issues raised in motions for extension of discovery cut-off and dispositive and daubert motions; setting telephone conference for 10:30 on1/29/03 scheduled for Magistrate Judge Gary R. Jones (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 01/22/2003)
2003-01-21 107 0 MOTION by Swift Transportation for protective order with respect to plaintiff's request to take various corporate representative depositions referred to Magistrate Judge Gary R. Jones (ail) (Entered: 01/22/2003)
2003-01-23 108 0 RESPONSE by Kristine Mary Nelson to [107-1] motion for protective order with respect to plaintiff's request to take various corporate representative depositions (ail) (Entered: 01/23/2003)
2003-01-27 109 0 EMERGENCY MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for protective order with respect to plaintiff's request to take additional depositions of two former swift employees and notice of intent not to appear (emergency) referred to Magistrate Judge Gary R. Jones (ail) (Entered: 01/28/2003)
2003-01-29 110 0 TELEPHONE CONFERENCE held on 1/29/03 before Magistrate Judge Gary R. Jones; Order to enter. (ail) (Entered: 01/30/2003)
2003-01-30 111 0 ORDER denying [107-1] motion for protective order with respect to plaintiff's request to take various corporate representative depositions; denying [109-1] emergency motion for protective order with respect to plaintiff's request to additional depositions of two former swift employees and notice of intent not to appear; granting [96-1] motion for extension of time to 1/31/03 for discovery cut-off, discovery deadline will be due 2/28/03; granting [102-1] motion to extend time for filing dispositive and Daubert motions, the parties will have until 3/17/03 to file dispositive and Daubert motions; denying [0-0] oral motion to compel Defendants to produce the employee personnel files of Terri Herrington and Daniel Roy. The Clerk is directed to enter an amended scheduling order reflecting the foregoing deadlines. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 01/30/2003)
2003-02-05 112 0 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER setting Pretrial conference for 11:00 7/18/03 ; Jury trial set for weeks of 8/4, 8/11, and 8/18/03 ; Scheduled for Sr. Judge Wm. T. Hodges ( signed by Deputy Clerk ) ctc (mam) (Entered: 02/05/2003)
2003-02-06 113 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to file a motion for leave of Court to add an expert forensic pathologist and an expert forensic toxicologist referred to Magistrate Judge Gary R. Jones (ail) (Entered: 02/07/2003)
2003-02-10 114 0 ORDER granting [113-1] motion to extend time to file a motion for leave of Court to add an expert forensic pathologist and an expert forensic toxicologist. The defendants have until 2/14/03 to file a motion for leave to Court to add the aforementioned experts. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 02/10/2003)
2003-02-18 115 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for leave of court to add (1) an expert forensic pathologist and (2) an expert forensic toxicologist referred to Magistrate Judge Gary R. Jones (mam) (Entered: 02/18/2003)
2003-02-26 116 0 RESPONSE by Kristine Mary Nelson in opposition to [115-1] motion for leave of court to add (1) an expert forensic pathologist and (2) an expert forensic toxicologist. (ail) (Entered: 02/26/2003)
2003-03-05 117 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for leave to file reply in support of motion for leave of Court to add an expert forensic pathologist and expert forensic toxicologiest referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 03/05/2003)
2003-03-06 118 0 CORRECTED MOTION amending [117-1] motion for leave to file reply in support of motion for leave of Court to add an expert forensic pathologist and an expert forensic toxicologist (corrected) by Freightliner, LLC, Interstate Equipment, Swift Transportation referred to Magistrate Judge Gary R. Jones. (ail) Modified on 03/07/2003 (Entered: 03/07/2003)
2003-03-06 119 0 ORDER denying [117-1] motion for leave to file reply in support of motion for leave of Court to add an expert forensic pathologist and expert forensic toxicologiest, and [118-1] corrected motion for leave to file reply in support of motion for leave of Court to add an expert forensic pathologist and an expert forensic toxicologist. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 03/07/2003)
2003-03-12 120 0 ORDER granting in part, denying in part [115-1] motion for leave of court to add (1) an expert forensic pathologist and (2) an expert forensic toxicologist, as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 03/13/2003)
2003-03-17 121 0 UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time for 1 day to serve and 2 days to file dispositive and daubert motions (unopposed) referred to Magistrate Judge Gary R. Jones. (ail) Modified on 03/18/2003 (Entered: 03/17/2003)
2003-03-18 122 0 ORDER granting [121-1] consent motion to extend time for 1 day to serve and 2 days to file dispositive and daubert motions. Reset dispositive and daubert motions filing deadline for 3/19/03 ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) Modified on 03/21/2003 (Entered: 03/19/2003)
2003-03-19 123 0 MOTION by Freightliner, LLC, Interstate Equipment and Swift Transportation to exclude results of carboxyhemoglobin testing performed on Robert Bruce Nelson's post-mortem blood sample (lmf) (Entered: 03/19/2003)
2003-03-19 124 0 MOTION by Swift Transportation for summary judgment (lmf) (Entered: 03/19/2003)
2003-03-19 125 0 MOTION by Freightliner, LLC for partial summary judgment as to count III (negligence-Res Ipsa Loquitur) of Plaintiff's Complaint (lmf) (Entered: 03/19/2003)
2003-03-19 126 0 MOTION by Freightliner, LLC, Interstate Equipment and Swift Transportation for summary final judgment (lmf) (Entered: 03/19/2003)
2003-03-19 127 0 SUMMARY JUDGMENT NOTICE setting response to motion due by 4/2/03 for [126-1] motion for summary final judgment, [125-1] motion for partial summary judgment as to count III and [124-1] motion for summary judgment ( Signed by Deputy Clerk ) ctc (lmf) (Entered: 03/19/2003)
2003-03-20 128 0 MOTION by Freightliner, LLC, Interstate Equipment and Swift Transportation for partial summary judgment as to various damage claims of Plaintiff. (lmf) (Entered: 03/21/2003)
2003-03-20 129 0 Choice of Law Memorandum by Freightliner, LLC, Interstate Equipment and Swift Transportation (lmf) (Entered: 03/21/2003)
2003-03-21 130 0 SUMMARY JUDGMENT NOTICE setting response to motion due by 4/4/03 for [128-1] motion for partial summary judgment as to various damage claims ( Signed by Deputy Clerk ) ctc (lmf) (Entered: 03/21/2003)
2003-03-24 131 0 NOTICE of filing corrected affidavit of Randall Eslick and notice of correction as to the ending destination of Mr. Nelson's last trip for Swift Transportation Co., Inc. by Freightliner, LLC, Interstate Equipment and Swift Transportation (lmf) (Entered: 03/24/2003)
2003-03-21 132 0 MOTION by Kristine Mary Nelson to add expert forensic pathologist in rebuttal to defendant's new forensic pathology expert referred to Magistrate Judge Gary R. Jones (mam) (Entered: 03/24/2003)
2003-03-25 133 0 ORDER granting [132-1] motion to add expert forensic pathologist; plaintiff is directed to disclose the identity and report of the expert within 20 days from the date of this Order; plaintiff's expert shall be made available for deposition immediately thereafter at a time and place reasonably convenient to both parties. ( Signed by Magistrate Judge Gary R. Jones ) ctc (mam) (Entered: 03/26/2003)
2003-03-26 134 0 TRANSCRIPT of tape recorded preliminary pretrial conference held on 12/18/01 before Judge Gary R. Jones. Transcript filed separately. (lmf) (Entered: 03/26/2003)
2003-04-02 135 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for clarification of [133-1] order , and to establish sequence of expert pathologist discovery referred to Magistrate Judge Gary R. Jones (ail) (Entered: 04/02/2003)
2003-04-02 136 0 RESPONSE by Kristine Mary Nelson to [123-1] motion to exclude results of carboxyhemoglobin testing performed on Robert Bruce Nelson's post-mortem blood sample. (attachments A through H filed separately) (ail) (Entered: 04/03/2003)
2003-04-02 137 0 RESPONSE by Kristine Mary Nelson to [124-1] motion for summary final judgment. (attachments A through K filed separetely) (ail) (Entered: 04/03/2003)
2003-04-02 138 0 RESPONSE by Kristine Mary Nelson to [125-1] motion for partial summary judgment as to count III (negligence-Res Ipsa Loquitur). (ail) (Entered: 04/03/2003)
2003-04-02 139 0 RESPONSE by Kristine Mary Nelson to [128-1] motion for partial summary judgment as to various damage claims. (ail) (Entered: 04/03/2003)
2003-04-02 140 0 RESPONSE by Kristine Mary Nelson in opposition to [129-1] Choice of Law Memorandum. (ail) (Entered: 04/03/2003)
2003-04-02 141 0 RESPONSE by Kristine Mary Nelson to [126-1] motion for summary final judgment. (attachments A through N filed separately) (ail) (Entered: 04/03/2003)
2003-04-03 142 0 ORDER setting telephone conference for 10:00 on 4/16/03 scheduled for Magistrate Judge Gary R. Jones, re: motion for clarification of Court's Order (Doc. #135). (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 04/04/2003)
2003-04-04 143 0 SUPPLEMENT by Freightliner, LLC to [66-1] response to Plaintiff's motion for partial summary judgment on certain affirmative defenses. (STRICKEN PER COURT'S ORDER DOC. #153.) (ail) Modified on 04/15/2003 (Entered: 04/07/2003)
2003-04-08 144 0 MOTION by Interstate Equipment to dismiss Plaintiff's strict liability count for failure to state a cause of action. (ail) (Entered: 04/08/2003)
2003-04-08 145 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to strike Plaintiff's 3/25/03 Supplemental Expert Opinion Report referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 04/08/2003)
2003-04-09 146 0 RESPONSE by Kristine Mary Nelson to [135-1] motion for clarification of [133-1] order, and [135-2] to establish sequence of expert pathologist discovery. (ail) (Entered: 04/09/2003)
2003-04-09 147 0 MOTION by Kristine Mary Nelson to strike [143-1] Defendant Freightliner LLC's supplement to its response to Plaintiff's motion for partial summary judgment on certain affirmative defenses referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 04/09/2003)
2003-04-11 148 0 RESPONSE by Freightliner, LLC to [147-1] motion to strike [143-1] Defendant Freightliner LLC's supplement to its response to Plaintiff's motion for partial summary judgment on certain affirmative defenses. (ail) (Entered: 04/11/2003)
2003-04-11 149 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to strike [140-1] Plaintiff's opposition response to Defendants' Choice of Law Memorandum , or alternatively, for leave to file a response-reply memorandum referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 04/14/2003)
2003-04-11 150 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for leave to file reply memorandum in support of motion for clarification of 3/25/03 order and to establish sequence of expert pathologist discovery referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 04/14/2003)
2003-04-15 151 0 RESPONSE by Kristine Mary Nelson to [144-1] motion to dismiss Plaintiff's strict liability count for failure to state a cause of action. (ail) (Entered: 04/15/2003)
2003-04-15 152 0 Notice of Filing Disclosure of William R. Anderson, M.D., pursuant to Rule 26 and in RESPONSE by Kristine Mary Nelson to [123-1] motion to exclude results of carboxyhemoglobin testing performed on Robert Bruce Nelson's post-mortem blood sample, [124-1] motion for summary judgment, [125-1] motion for partial summary judgment as to count III (negligence-Res Ipsa Loquitur), [126-1] motion for summary final judgment. (ail) (Entered: 04/15/2003) 2010-07-14 10:25:07 f30f4ca3506794314fcc1dc9d6ea27e9b4693009
2003-04-15 153 0 ORDER granting [147-1] motion to strike [143-1] Defendant Freightliner LLC's supplement to its response to Plaintiff's motion for partial summary judgment on certain affirmative defenses, and denying Plaintiff's request for attorney's fees and costs for having to file her present motion. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 04/15/2003)
2003-04-16 154 0 TELEPHONE CONFERENCE held on 4/16/03 before Magistrate Judge Gary R. Jones; re: Defendants' Motion for Clarification of 3/25/03 order and to establish sequence of expert pathologist discovery (Doc. #135). Order to enter. Court Reporter: Dennis Miracle (ail) Modified on 04/17/2003 (Entered: 04/16/2003)
2003-04-16 155 0 ORDER granting [135-1] motion for clarification of [133-1] order, and [135-2] to establish sequence of expert pathologist discovery; denying [150-1] motion for leave to file reply memorandum in support of motion for clarification of 3/25/03 order and to establish sequence of expert pathologist discovery; and denying [149-1] motion to strike [140-1] Plaintiff's opposition response to Defendants' Choice of Law Memorandum, and [149-2] for leave to file a response-reply memorandum. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 04/16/2003)
2003-04-18 156 0 RESPONSE by Kristine Mary Nelson to [145-1] motion to strike Plaintiff's 3/25/03 Supplemental Expert Opinion Report. (ail) (Entered: 04/18/2003)
2003-04-23 157 0 ORDER granting [145-1] motion to strike Plaintiff's 3/25/03 Supplemental Expert Opinion Report. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 04/24/2003)
2003-05-05 158 0 NOTICE of filing articles cited in support of their motion to exclude results of carboxyhemoglobin testing performed on Robert Bruce Nelson's post-mortem blood sample by Freightliner, LLC, Interstate Equipment, Swift Transportation. (filed separately) (ail) (Entered: 05/06/2003)
2003-05-05 159 0 NOTICE of filing articles cited in support of their motion for summary judgment by Freightliner, LLC, Interstate Equipment, Swift Transportation. (filed separately) (ail) (Entered: 05/06/2003)
2003-05-06 160 0 Notice of Filing OBJECTION by Kristine Mary Nelson to Magistrate Judge's [157-1] order dated 4/23/03. (ail) (Entered: 05/06/2003)
2003-05-08 161 0 MOTION by Kristine Mary Nelson to compel deposition testimony of Richard L. Hitch, Jr., and Glenn L. Manuel referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 05/08/2003)
2003-05-13 162 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to strike Plaintiff's Notice of Filing Rule 26 Disclosure of William R. Anderson, M.D. incorporated in Doc. (152). (ail) (Entered: 05/13/2003)
2003-05-23 163 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to respond to plaintiff's objections to Magistrate Jones' April 23, 2003 Order referred to Magistrate Judge Gary R. Jones (mam) (Entered: 05/23/2003)
2003-05-23 164 0 UNCONTESTED MOTION by Kristine Mary Nelson to extend time to respond to Defendant's motion to strike Plaintiff's notice of filing rule 26 disclosure of William R. Anderson, M.D. (uncontested) referred to Magistrate Judge Gary R. Jones (mam) (Entered: 05/23/2003)
2003-05-27 165 0 ORDER granting [163-1] motion to extend time to respond to plaintiff's objections to Magistrate Jones' April 23, 2003 Order, Defendants have until 5/27/03 to serve their response to Plaintiff's objections to order; and granting [164-1] consent motion to extend time to respond to Defendant's motion to strike Plaintiff's notice of filing rule 26 disclosure of William R. Anderson, M.D., response to motion set to 5/30/03 for [162-1] motion to strike Plaintiff's Notice of Filing Rule 26 Disclosure of William R. Anderson, M.D. incorporated in Doc. (152). (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 05/27/2003)
2003-05-29 166 0 MOTION by Swift Transportation for four day extension of time to serve response to Plaintiff's motion to compel deposition testimony of Richard L. Hitch Jr. and Glen L. Manuel referred to Magistrate Judge Gary R. Jones (mam) (Entered: 05/29/2003)
2003-05-29 167 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [160-1] objection (mam) (Entered: 05/29/2003)
2003-05-30 168 0 ORDER granting [166-1] motion for four day extension of time to serve response to Plaintiff's motion to compel deposition testimony of Richard L. Hitch Jr. and Glen L. Manuel. Response to motion set to 6/2/03 for [161-1] motion to compel deposition testimony of Richard L. Hitch, Jr. and Glenn L. Manuel ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 05/30/2003)
2003-06-02 169 0 RESPONSE by Kristine Mary Nelson to [162-1] motion to strike Plaintiff's Notice of Filing Rule 26 Disclosure of William R. Anderson, M.D. incorporated in Doc. (152). (ail) (Entered: 06/02/2003)
2003-06-02 170 0 RESPONSE by Kristine Mary Nelson in opposition to [166-1] motion for four day extension of time to serve response to Plaintiff's motion to compel deposition testimony of Richard L. Hitch Jr. and Glen L. Manuel. (ail) (Entered: 06/02/2003)
2003-06-03 171 0 RESPONSE by Swift Transportation to [161-1] motion to compel deposition testimony of Richard L. Hitch, Jr., and Glenn L. Manuel. (ail) (Entered: 06/03/2003)
2003-06-05 172 0 MOTION by Kristine Mary Nelson to compel Defendants' expert's production and testimony regarding income derived from providing expert opinions in litigation-related work and/or consultations referred to Magistrate Judge Gary R. Jones. (ail) Modified on 06/05/2003 (Entered: 06/05/2003)
2003-06-05 173 0 Notice of Filing SUPPLEMENT by Freightliner, LLC to [66-1] response to Plaintiff's motion for partial summary judgment on certain affirmative defenses and in complaince with this Court's 4/15/03 Order (Doc. #153). (ail) (Entered: 06/05/2003)
2003-06-10 174 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for 5 day enlargement of time to file a Daubert motion challenging Dr. Anderson's opinion referred to Magistrate Judge Gary R. Jones. (ail) Modified on 06/11/2003 (Entered: 06/10/2003)
2003-06-10 175 0 ORDER granting [161-1] motion to compel deposition testimony of Richard L. Hitch, Jr., and Glenn L. Manuel. Plaintiff's request for attorney's fees is denied, as set forth in this order. The completion of the depositions may be conducted telephonically in order to avoid continuing expense for the parties. Plaintiff will be required to obtain a court reporter to complete the depositions and will incur the additional expense of another attendance fee for a court reporter, the Court orders Defendant to pay the cost of the court reporter's attendance fee at the rescheduled depositions. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 06/11/2003)
2003-06-11 176 0 ORDER granting [174-1] motion for 5 day enlargement of time to file a Daubert motion challenging Dr. Anderson's opinion. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 06/12/2003)
2003-06-12 177 0 RESPONSE by Kristine Mary Nelson to [173-1] notice of filing supplement discovery information in further opposition to Plaintiff's motion for partial summary judgment on certain affirmative defenses and in compliance with this Court's 4/15/03 Order (D.E. #153). (ail) (Entered: 06/12/2003)
2003-06-12 178 0 NOTICE of filing deposition transcript of Cyril Wecht, MD, JD, in support of Plaintiff's motion for summary judgment on certain affirmative defenses and in opposition to Defendants' motion for summary judgment and Daubert motions by Kristine Mary. Nelson (ail) (Entered: 06/12/2003)
2003-06-12 179 0 DEPOSITION of Cyril Wecht, M. by Kristine Mary Nelson re: [59-1] motion for partial summary judgment on certain of defendant Freightliner LLC's affirmative defenses, and [136-1] response to motion for summary judgment by defendant, [137-1] response to motion for summary judgment by defendant, [138-1] response to motion for summary judgment by defendant, [139-1] response to motion for summary judgment by defendant. Transcript filed separately. (ail) (Entered: 06/12/2003)
2003-06-16 180 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to exclude Plaintiff's unscientific and unreliable opinion testimony concerning carbon monoxide exposure and its resultant carboxyhemoglobin effect referred to Magistrate Judge Gary R. Jones. (ail) Modified on 06/18/2003 (Entered: 06/16/2003)
2003-06-18 181 0 ORDER denying [162-1] motion to strike Plaintiff's Notice of Filing Rule 26 Disclosure of William R. Anderson, M.D. incorporated in Doc. (152), as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 06/18/2003)
2003-06-24 182 0 PARTIALLY UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to serve their response to Plaintiff's motion to compel Defendants' expert production and testimony regarding income derived from providing expert opinions in litigation related work and/or consultations (partially unopposed) referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 06/24/2003)
2003-06-25 183 0 MOTION by Kristine Mary Nelson for leave to file Affidavit of William R. Anderson, M.D. in support of Plaintiff's motion for partial summary judgment on certain affirmative defenses and in opposition to Defendants' motions for summary judgment and Daubert motions referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 06/25/2003)
2003-06-25 184 0 ORDER denying [126-1] motion for summary final judgment; [125-1] motion for partial summary judgment as to count III (negligence-Res Ipsa Loquitur); [124-1] motion for summary judgment; [128-1] motion for partial summary judgment as to various damage claims; [144-1] motion to dismiss Plaintiff's strict liability count for failure to state a cause of action and [59-1] motion for partial summary judgment on certain of defendant Freightliner LLC's affirmative Defenses ( Signed by Sr. Judge Wm. T. Hodges ) ctc Number (lmf) (Entered: 06/26/2003)
2003-06-26 185 0 ORDER granting [182-1] motion to extend time to serve their response to Plaintiff's motion to compel Defendants' expert production and testimony regarding income derived from providing expert opinions in litigation related work and/or consultations. Response to motion set to 7/1/03 for [172-1] motion to compel ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 06/26/2003)
2003-06-27 186 0 MOTION by Kristine Mary Nelson to extend time for one-week to respond to Defendants' motion to exclude Plaintiff's unscientific and unreliable opinion testimony concerning carbon monoxide exposure and its resultant carboxyhemoglobin effect referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 06/27/2003)
2003-07-01 187 0 ORDER granting [186-1] motion to extend time for one-week to respond to Defendants' motion to exclude Plaintiff's unscientific and unreliable opinion testimony concerning carbon monoxide exposure and its resultant carboxyhemoglobin effect. Plaintiff has until 7/7/03 to file her response. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 07/02/2003)
2003-07-03 188 0 SECOND MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time 1 day to serve and 2 days to file response to Plaintiff's motion to compel defendants' expert productions of testimony regarding income derived from providing expert opinion referred to Magistrate Judge Gary R. Jones. (proposed pleading enclosed) (ail) (Entered: 07/07/2003)
2003-07-07 189 0 RESPONSE by Kristine Mary Nelson to [180-1] motion to exclude Plaintiff's unscientific and unreliable opinion testimony concerning carbon monoxide exposure and its resultant carboxyhemoglobin effect. (ail) (Entered: 07/08/2003)
2003-07-09 190 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to continue pretrial deadlines and trial setting. (ail) (Entered: 07/09/2003)
2003-07-09 191 0 RESPONSE by Kristine Mary Nelson in opposition to [190-1] motion to continue pretrial deadlines and trial setting. (ail) (Entered: 07/09/2003)
2003-07-10 192 0 NOTICE OF HEARING: set Daubert hearing to 2:00 7/24/03 before Magistrate Judge Gary R. Jones re: [180-1] motion to exclude Plaintiff's unscientific and unreliable opinion testimony concerning carbon monoxide exposure and its resultant carboxyhemoglobin effect (Signed by Deputy Clerk) ctc (dfd) (Entered: 07/10/2003)
2003-07-11 193 0 REQUEST for oral argument by Freightliner, LLC, Interstate Equipment, Swift Transportation re: [190-1] motion to continue pretrial deadlines and trial setting. (ail) (Entered: 07/14/2003)
2003-07-14 194 0 ORDER granting [190-1] motion to continue pretrial deadlines and trial setting; denying as moot [193-1] oral argument request. The Clerk is directed to schedule the pretrial for 8/20/03 and trial for the trial term commencing 9/2/03 pursuant to separate notice. (Signed by Sr. Judge Wm. T. Hodges) ctc (ail) (Entered: 07/14/2003)
2003-07-15 195 0 AMENDED NOTICE OF HEARING: reset pretrial conference for 1:30 8/20/03 scheduled for Sr. Judge Wm. T. Hodges ( Signed by Deputy Clerk ) ctc (mam) (Entered: 07/16/2003)
2003-07-15 196 0 AMENDED NOTICE OF HEARING: reset jury trial for trial term commencing 9/2/03 scheduled for Sr. Judge Wm. T. Hodges ( Signed by Deputy Clerk ) ctc (mam) (Entered: 07/16/2003)
2003-07-15 197 0 MOTION by Freightliner, LLC to strike [177-1] response to Defendant's notice of filing supplemental discovery information in further opposition to Plaintiff's motion for partial summary judgment on certain affirmative defenses and in compliance with this Court's 4/15/03 Order referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 07/16/2003)
2003-07-15 198 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to strike [178-1] notice of filing deposition of Cyril Wecht, M.D., and [179-1] deposition of Cyril Wecht, M.D., in support of Plaintiff's motion for summary judgment on certain affirmative defenses and in opposition to Defendants' motion for summary judgment and Daubert motions referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 07/16/2003)
2003-07-15 199 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation in opposition to [183-1] motion for leave to file Affidavit of William R. Anderson, M.D. in support of Plaintiff's motion for partial summary judgment on certain affirmative defenses and in opposition to Defendants' motions for summary judgment and Daubert motions. (ail) (Entered: 07/16/2003)
2003-07-17 200 0 MOTION by Kristine Mary Nelson to submit the supplemental expert opinion of Ronald Bredemyer , and to include William Miller as a fact witness referred to Magistrate Judge Gary R. Jones. (ail) Modified on 07/30/2003 (Entered: 07/17/2003)
2003-07-21 201 0 ORDER granting [188-1] motion to extend time 1 day to serve and 2 days to file response to Plaintiff's motion to compel defendants' expert productions of testimony regarding income derived from providing expert opinions. The Clerk is directed to file Defendants' response to Plaintiff's motion to compel. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 07/22/2003)
2003-07-21 202 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [172-1] motion to compel Defendants' expert's production and testimony regarding income derived from providing expert opinions in litigation-related work and/or consultations. (ail) (Entered: 07/22/2003)
2003-07-23 203 0 ORDER granting [0-0] motion to continue Daubert Hearing scheduled for 7/24/03. The parties are directed to find a mutually agreeable time and date - on or before 8/15/03, on which all counsel and experts are available. Parties shall contact the court with the date for rescheduling. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 07/24/2003)
2003-07-25 204 0 MOTION by Freightliner, LLC, Interstate Equipment, and Swift Transportation for reconsideration of [184-1] order dated 6/25/03 denying Defendant's Motion for Partial Summary Judgment as to various damage claims. (lmf) (Entered: 07/25/2003)
2003-07-28 205 0 RESPONSE by Kristine Mary Nelson to [198-1] motion to strike [178-1] notice of filing deposition of Cyril Wecht, M.D., and [179-1] deposition of Cyril Wecht, M.D., in support of Plaintiff's motion for summary judgment on certain affirmative defenses and in opposition to Defendants' motion for summary judgment and Daubert motions (lmf) (Entered: 07/29/2003)
2003-07-28 206 0 RESPONSE by Kristine Mary Nelson to [197-1] motion to strike [177-1] response to Defendant's notice of filing supplemental discovery information in further opposition to Plaintiff's motion for partial summary judgment on certain affirmative defenses and in compliance with this Court's 4/15/03 Order (lmf) (Entered: 07/29/2003)
2003-08-01 207 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for leave of Court to add Dr. Lee Hearn as a witness in Rebuttal to Plaintiff's Expert Pathologist, Dr. William Anderson referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 08/01/2003)
2003-08-04 208 0 NOTICE OF HEARING: set Daubert Hearing to 10:00 8/13/03 before Magistrate Judge Gary R. Jones for [180-1] motion to exclude Plaintiff's unscientific and unreliable opinion testimony concerning carbon monoxide exposure and its resultant carboxyhemoglobin effect and for [123-1] motion to exclude results of carboxyhemoglobin testing performed on Robert Bruce Nelson's post-mortem blood sample (Signed by Deputy Clerk) ctc (dfd) (Entered: 08/04/2003)
2003-08-05 209 0 ORDER denying [172-1] motion to compel Defendants' expert's production and testimony regarding income derived from providing expert opinions in litigation-related work and/or consultations, as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/06/2003)
2003-08-05 210 0 ORDER denying [198-1] motion to strike [178-1] notice of filing deposition of Cyril Wecht, M.D., and [179-1] deposition of Cyril Wecht, M.D., in support of Plaintiff's motion for summary judgment on certain affirmative defenses and in opposition to Defendants' motion for summary judgment and Daubert motions, as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/06/2003)
2003-08-06 211 0 UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time one day to serve response memorandum to Plaintiff's motion to submit supplemental expert opinion and include additional fact witness referred to Magistrate Judge Gary R. Jones. (proposed pleading enclosed) (ail) Modified on 08/06/2003 (Entered: 08/06/2003)
2003-08-06 212 0 ORDER denying [197-1] motion to strike [177-1] response to Defendant's notice of filing supplemental discovery information in further opposition to Plaintiff's motion for partial summary judgment on certain affirmative defenses and in compliance with this Court's 4/15/03 Order, as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/07/2003)
2003-08-07 213 0 ORDER granting [211-1] consent motion to extend time one day to serve response memorandum to Plaintiff's motion to submit supplemental expert opinion and include additional fact witness. The Clerk is directed to file Defendants; response memorandum enclosed with the motion. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/07/2003)
2003-08-07 214 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [200-1] Plaintiff's motion to submit the supplemental expert opinion of Ronald Bredemyer, and [200-2] to include William Miller as a fact witness. (ail) (Entered: 08/07/2003)
2003-08-08 215 0 RESPONSE by Kristine Mary Nelson to [204-1] motion for reconsideration of [184-1] order dated 6/25/03 denying Defendant's Motion for Partial Summary Judgment as to various damage claims. (ail) (Entered: 08/08/2003)
2003-08-12 216 0 RESPONSE by Kristine Mary Nelson to [207-1] motion for leave of Court to add Dr. Lee Hearn as a witness in Rebuttal to Plaintiff's Expert Pathologist, Dr. William Anderson. (ail) (Entered: 08/12/2003)
2003-08-12 217 0 TRANSCRIPT of Hearing on pending motions including Plaintiff's motion for extension of time for discovery cutoff, Defendants' second motion to extend time for filing dispositive and Daubert motions, and Defendant Swift Transportation's motion for protective order held on 1/29/03 before Judge Gary R. Jones. Transcript filed separately. (ail) (Entered: 08/12/2003)
2003-08-13 218 0 DAUBERT HEARING held on 8/13/03 re: [180-1] motion to exclude Plaintiff's unscientific and unreliable opinion testimony concerning carbon monoxide exposure and its resultant carboxyhemoglobin effect, and [123-1] motion to exclude results of carboxyhemoglobin testing performed on Robert Bruce Nelson's post-mortem blood sample, before Magistrate Judge Gary R. Jones. Plaintiff calls Dr. Mark Robertson Montgomery as witness. Court denies Defendants' motion to exclude (Doc. #180). Defendant's requests for extension of time to file Pretrial Statement GRANTED in open court. Pretrial Statement due 8/1/03. Order to enter. Court Reporter: Dennis Miracle (ail) (Entered: 08/14/2003)
2003-08-15 219 0 AMENDED NOTICE OF HEARING: resetting pretrial conference for 5:00 on 8/20/03 scheduled for Sr. Judge Wm. T. Hodges. (Signed by Deputy Clerk) ctc (ail) (Entered: 08/15/2003)
2003-08-18 220 0 MOTION by Kristine Mary Nelson in limine No. 1. (ail) (Entered: 08/18/2003)
2003-08-18 221 0 MOTION by Kristine Mary Nelson in limine No. 2. (ail) (Entered: 08/18/2003)
2003-08-18 222 0 MOTION by Kristine Mary Nelson in limine No. #3. (ail) (Entered: 08/18/2003)
2003-08-18 223 0 MOTION by Kristine Mary Nelson in limine No. 4. (ail) (Entered: 08/18/2003)
2003-08-18 224 0 MOTION by Kristine Mary Nelson in limine No. 5. (ail) (Entered: 08/18/2003)
2003-08-18 225 0 MOTION by Kristine Mary Nelson in limine No. 6. (ail) (Entered: 08/18/2003)
2003-08-18 226 0 TRANSCRIPT of Excerpt from Daubert Hearing (Cross Examination of Witness Mark Robertson Montgomery) held on 8/13/03 before Judge Gary R. Jones. Transcript filed separately. (ail) (Entered: 08/18/2003)
2003-08-18 227 0 TRANSCRIPT of Excerpt from Daubert Hearing (Afternoon Session) held on 8/13/03 before Judge Gary R. Jones. Transcript filed separately. (ail) (Entered: 08/18/2003)
2003-08-18 228 0 PRETRIAL STATEMENT. (ail) (Entered: 08/18/2003)
2003-08-19 229 0 ORDER denying [200-1] motion to submit the supplemental expert opinion of Ronald Bredemyer, and [200-2] to include William Miller as a fact witness. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/20/2003)
2003-08-19 230 0 ORDER denying [207-1] motion for leave of Court to add Dr. Lee Hearn as a witness in Rebuttal to Plaintiff's Expert Pathologist, Dr. William Anderson. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/20/2003)
2003-08-20 231 0 PRETRIAL CONFERENCE held on 8/20/03 before Sr. Judge Wm. T. Hodges. Pretrial Order to enter. Court Reporter: Dennis Miracle (ail) (Entered: 08/21/2003)
2003-08-22 232 0 NOTICE of filing correction and/or clarification of Docket Entry #140 by Kristine Mary Nelson. (ail) (Entered: 08/22/2003)
2003-08-22 233 0 SUPPLEMENTAL EXHIBIT LIST by plaintiff Kristine Mary Nelson. (ail) (Entered: 08/22/2003)
2003-08-22 234 0 ORDER adopting [228-1] pretrial statement to control the course of the trial, and may not be further amended except as permitted by order of this Court. Parties are directed to confer and file their supplemental witness and exhibit lists no later than the end of the business day 8/22/03. (Signed by Sr. Judge Wm. T. Hodges) ctc (ail) (Entered: 08/22/2003)
2003-08-22 235 0 ORDER denying [204-1] motion for reconsideration of [184-1] order dated 6/25/03 denying Defendant's Motion for Partial Summary Judgment as to various damage claims. (Signed by Sr. Judge Wm. T. Hodges) ctc (ail) (Entered: 08/22/2003)
2003-08-22 236 0 NOTICE OF HEARING: set jury trial for 9:30 9/2/03 scheduled for Sr. Judge Wm. T. Hodges ( Signed by Deputy Clerk ) ctc (mam) (Entered: 08/22/2003)
2003-08-25 237 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to strike [232-1] notice of filing correction and/or clarification of Docket Entry #140. (ail) (Entered: 08/25/2003)
2003-08-25 238 0 CLARIFICATION OF WITNESS LIST by defendant Freightliner, LLC, defendant Interstate Equipment, defendant Swift Transportation. (ail) (Entered: 08/25/2003)
2003-08-25 239 0 AMENDED EXHIBIT LIST by defendant Freightliner, LLC, defendant Interstate Equipment, defendant Swift Transportation. (ail) (Entered: 08/25/2003)
2003-08-26 240 0 ORDER denying [123-1] motion to exclude results of carboxyhemoglobin testing performed on Robert Bruce Nelson's post-mortem blood sample. Plaintiff shall be entitled to present the test results of the carboxyhemoglobin test performed on Nelson's post-mortem blood sample and Defendants shall be entitled to challenge the accuracy of the result through appropriate cross-examination and the presentation of evidence supporting Defendants' view that there is a better method of testing. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/26/2003)
2003-08-26 241 0 ORDER granting [180-1] motion to exclude Plaintiff's unscientific and unreliable opinion testimony concerning carbon monoxide exposure and its resultant carboxyhemoglobin effect, to the extent specified in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/26/2003)
2003-08-26 242 0 ORDER denying as moot [183-1] motion for leave to file Affidavit of William R. Anderson, M.D. in support of Plaintiff's motion for partial summary judgment on certain affirmative and in opposition to Defendants' motions for summary judgment and Daubert motions. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/26/2003)
2003-08-26 243 0 ORDER denying as moot [237-1] motion to strike [232-1] notice of filing correction and/or clarification of Docket Entry 140. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 08/26/2003)
2003-08-27 244 0 OBJECTION to Plaintiff's Exhibit List as contained within the parties' Pretrial Statement by Freightliner, LLC, Interstate Equipment, Swift Transportation. (ail) (Entered: 08/27/2003)
2003-08-27 245 0 UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine concerning Dan Roy (unopposed). (ail) (Entered: 08/27/2003)
2003-08-27 246 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to preclude any defect opinion testimony by Plaintff's trucking expert, Ronald Bredemeyer. (ail) (Entered: 08/27/2003)
2003-08-27 247 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude "exhaust leak" hearsay testimony of ex-swift employee, Terri Herrington. (ail) (Entered: 08/27/2003)
2003-08-28 248 0 TRANSCRIPT of Pretrial Conference held on 8/20/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 08/28/2003)
2003-08-28 249 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude certain testimony of Ex-Swift employee, Eric Rogers. (ail) (Entered: 08/28/2003)
2003-08-29 250 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude Plaintiff's retained Toxicologist, Dr. Mark Montgomery from offering opinions concerning the adequacy of Kentucky Lab's procedure to measure the amount of carboxyhemoglobin in Mr. Nelson's post-mortem blood sample. (ail) (Entered: 08/29/2003)
2003-08-29 251 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude any reference or suggestion of an alleged "conspiracy" among Defendants and their counsel. (ail) (Entered: 08/29/2003)
2003-08-29 252 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude inadmissible toxicological opinion testimony from Plaintiff's Pathologist, Dr. William Anderson. (ail) (Entered: 08/29/2003) 2010-07-14 10:29:36 9c3157801d3ead87a04729ff4c7b91ed4d3251df
2003-08-29 253 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude Plaintiff's newly proffered 8/13/03 carbon monoxide-oxygen ratio opinion. (ail) (Entered: 08/29/2003)
2003-09-02 254 0 ORDER denying [160-1] objection to the Magistrate Order (Doc. #157). The Plaintiff shall not be permitted to use as evidence at the trial, at a hearing, or on a motion the 3/25/03 "Supplemental Expert Opinion" Report. (Signed by Sr. Judge Wm. T. Hodges) ctc (ail) (Entered: 09/02/2003)
2003-09-02 255 0 JURY TRIAL commenced on 9/2/03 before Sr. Judge Wm. T. Hodges. Jury selection and empaneled. Plaintiff's Motions in Limine (Docs. #220, #222, #224) and Defendants' Motions in Limine (Docs. #245, 246, #249) will be carried with the case. Oral Order ruling on the following motions: Plaintiff's Motion in Limine (Doc. #221) is DENIED; Plaintiff's Motion in Limine (Doc. #223 is MOOT; Plaintiff's Motion in Limine (Doc. #225) is DENIED with prejudice; Defendants' Motion in Limine (Doc. #247) is DENIED. Trial recessed until 9:00 on 9/3/03. Court reporter Dennis Miracle(ail) Modified on 09/04/2003 (Entered: 09/03/2003)
2003-09-02 256 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [222-1] motion in limine No. #3. (filed in open court) (ail) (Entered: 09/03/2003)
2003-09-02 257 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [223-1] motion in limine No. 4. (filed in open court) (ail) (Entered: 09/03/2003)
2003-09-02 258 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [224-1] motion in limine No. 5. (filed in open court) (ail) (Entered: 09/03/2003)
2003-09-03 259 0 TRANSCRIPT of Excerpt from Daubert Hearing (Direct and Redirect Examinations of Witness Mark Robertson Montgomery) held on 8/13/03 before Judge Gary R. Jones. Transcript filed separately. (ail) (Entered: 09/03/2003)
2003-09-03 260 0 JURY TRIAL continued on 9/3/03 before Sr. Judge Wm. T. Hodges. Plaintiff's Witnesses: Dr. Donna Hunsaker. Trial recessed until 9/4/03 at 9:00. Court reporter: Dennis Miracle (ail) (Entered: 09/04/2003)
2003-09-04 261 0 JURY TRIAL (day 3) resumed on 9/4/03 before Sr. Judge Wm. T. Hodges. Trial recessed until 9:00 on 9/5/03; Court reporter Dennis Miracle (lmf) Modified on 09/05/2003 (Entered: 09/05/2003)
2003-09-05 262 0 JURY TRIAL continued on 9/5/03 before Sr. Judge Wm. T. Hodges. Plaintiff's Witnesses: Michael Ward, Ronald Bredemeyer, Kenneth James via deposition testimony, Chris Smith via deposition testimony. Court reporter: Dennis Miracle (ail) (Entered: 09/08/2003)
2003-09-08 263 0 JURY TRIAL continued on 9/8/03 before Sr. Judge Wm. T. Hodges. Plaintiff's Witnesses: Chris Smith, Teri Herrington, Richard Hitch, Gary Dowell, James Beecraft, Randall Eslik, Steven Nelson, Christopher Nelson. Trial recessed until 9:00 on 9/9/03. Court reporter: Dennis Miracle (ail) Modified on 09/09/2003 (Entered: 09/09/2003)
2003-09-09 264 0 JURY TRIAL continued on 9/9/03 before Sr. Judge Wm. T. Hodges. Plaintiff's Witnesses: Eric Rogers; Charles Foss; Glenn Manuel; Clarence James; Kristine Nelson. Oral motion by Plaintiff to strike testimony of Clarence James. Oral order granting motion. Trial recessed until 9:00 on 9/10/03. Court reporter: Dennis Miracle (ail) (Entered: 09/09/2003)
2003-09-10 265 0 JURY TRIAL continued on 9/10/03 before Sr. Judge Wm. T. Hodges. Oral motion by Plaintiff to amend the pleadings against Swift. Oral response in opposition by Defendants. Oral order that the motion will be carried with the case. Oral motion by Plaintiff to invoke the rule of sequestration. Oral order granting the motion. Oral motion by Defendants pursuant to Rule 50 for judgment as matter of law. Oral that motion is overruled and denied. Defendants' Witnesses: Mel Cizek, Randall Eslick, Bruce Koepke. Trial recessed until 9:00 on 9/11/03. Court Reporter: Dennis Miracle (ail) Modified on 09/11/2003 (Entered: 09/11/2003)
2003-09-11 266 0 JURY TRIAL continued on 9/11/03 before Sr. Judge Wm. T. Hodges. Defendants' Witnesses: Bruce Koepke, Steve Johnson, Gary Dowell, Robert P. DeMott, Ph.D. DABT. Trial recessed until 9:00 on 9/12/03. Court reporter: Dennis Mircle (ail) (Entered: 09/11/2003)
2003-09-12 267 0 JURY TRIAL continued on 9/12/03 before Sr. Judge Wm. T. Hodges. Defendants' Witnesses: Robert P. DeMott, Ph.D. DABT, Timothy Tindall. Oral motion by Plaintiff to strike testimony of Dr. DeMott; Oral order denying the motion. Oral motion by Defendants to interrupt testimony of Dr. DeMott to have Timothy Tindall testify; Oral order granting the motion. Trial recessed until 9:00 on 9/15/03. Court reporter: Dennis Miracle (ail) Modified on 09/15/2003 (Entered: 09/15/2003)
2003-09-15 268 0 JURY TRIAL continued on 9/15/03 before Sr. Judge Wm. T. Hodges. Defendants Witnesses: Robert P. DeMott, Ph.D. DABT, Bert Akina, Terence Douglas, Quentin Frazier by transcript of deposition testimony. Oral order GRANTING Plaintiff's motion to amend the pleadings against Swift Transportation and shall deem the pleadings amended to assert the strict liability claim against Swift Transportation. Trial recessed until 9:00 on 9/16/03. Court reporter: Dennis Miracle (ail) (Entered: 09/15/2003)
2003-09-15 269 0 AFFIDAVIT of Kenn W. Goff by Freightliner, LLC, Interstate Equipment, Swift Transportation. (filed in open court) (ail) Modified on 09/15/2003 (Entered: 09/15/2003)
2003-09-15 270 0 COMMENTS on jury instructions by Kristine Mary Nelson. (filed in open court) (ail) (Entered: 09/15/2003)
2003-09-15 271 0 REQUESTED Special Interrogaties to the Jury by Kristine Mary Nelson. (filed in open court) (ail) (Entered: 09/15/2003)
2003-09-15 272 0 PROPOSED jury instructions by Kristine Mary Nelson. (filed in open court) (ail) (Entered: 09/15/2003)
2003-09-16 273 0 JURY TRIAL continued on 9/16/03 before Sr. Judge Wm. T. Hodges. Defendants Witnesses: Cyril Wecht. Plaintiff rebuttal witness: Brian Heckman. Trial recessed until 9:00 on 9/17/03. Court reporter: Dennis Miracle (ail) (Entered: 09/17/2003)
2003-09-16 274 0 REQUESTED PROPOSED jury instruction regarding manufacturing defect by Freightliner, LLC, Interstate Equipment, Swift Transportation. (filed in open court) (ail) (Entered: 09/17/2003)
2003-09-17 275 0 JURY TRIAL continued on 9/17/03 before Sr. Judge Wm. T. Hodges. Closing arguments, jury instructions given, jury deliberation. Trial recessed until 9:00 on 9/18/03. Court reporter: Dennis Miracle (ail) Modified on 09/18/2003 (Entered: 09/17/2003)
2003-09-18 276 0 JURY TRIAL continued on 9/18/03 before Sr. Judge Wm. T. Hodges. Jurors deliberating. Trial recessed until 9:00 on 9/19/03. Court reporter: Dennis Miracle (ail) (Entered: 09/18/2003)
2003-09-19 277 0 JURY TRIAL concluded on 9/19/03 before Sr. Judge Wm. T. Hodges. Mistrial declared. Jurors excused. Trial will be rescheduled by separate notice. Court reporter: Dennis Miracle (ail) (Entered: 09/19/2003)
2003-09-19 278 0 COURT'S JURY INSTRUCTIONS filed in open court. (mam) (Entered: 09/24/2003)
2003-09-24 279 0 NOTICE OF HEARING: reset pretrial conference for 2:30 2/18/04 scheduled for Sr. Judge Wm. T. Hodges , and reset jury trial for 9:30 3/1/04 scheduled for Sr. Judge Wm. T. Hodges ( Signed by Deputy Clerk ) ctc (mam) (Entered: 09/24/2003)
2003-10-10 280 0 MOTION by Kristine Mary Nelson for case management conference referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 10/14/2003)
2003-10-21 281 0 ORDER granting [280-1] motion for case management conference. Setting telephone case management conference for 2:00 on 11/5/03, scheduled for Magistrate Judge Gary R. Jones. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 10/22/2003)
2003-10-27 282 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [280-1] motion for case management conference. (ail) (Entered: 10/27/2003)
2003-11-05 283 0 TELEPHONE CASE MANAGEMENT CONFERENCE held on 11/5/03 before Magistrate Judge Gary R. Jones. Order to enter. Court Reporter: Dennis Miracle (ail) (Entered: 11/07/2003)
2003-11-06 284 0 ORDER on Telephonic Case Management Conference: granting [0-0] oral motion to include Mr. Ronald Bredemeyer and Mr. William Miller as experts in this matter, as set forth in this order. An amended joint final pretrial statement shall be file by the parties by 2/13/04. Setting pretrial statement deadline for 2/13/04. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 11/07/2003)
2003-11-21 285 0 OBJECTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to [284-2] order granting Plaintiff's ore tenus fourth attempt to utilize a 3/25/03 "Supplemental Expert Opinion." (ail) (Entered: 11/21/2003)
2003-11-21 286 0 POST TRIAL MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for summary final judgment , or for judgment notwithstanding mistrial. (ail) (Entered: 11/21/2003)
2003-11-21 287 0 SUMMARY JUDGMENT NOTICE: response to motion set to 12/05/03 for [286-1] motion for summary final judgment. (Signed by Deputy Clerk) ctc (ail) Modified on 12/03/2003 (Entered: 11/21/2003)
2003-12-04 288 0 MOTION by Kristine Mary Nelson to extend time through 12/10/03 to file responses to Defendants' post-trial motion for summary final judgment or for judgment notwithstanding mistrial, and to objection to Magistrate's 11/6/03 order granting Plaintiff's ore tenus fourth attempt to utilize a 3/25/03 supplemental expert opinion report of Ronald G. Bredemeyer and add another expert witness, William D. Miller referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 12/04/2003)
2003-12-08 289 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [288-1] motion to extend time through 12/10/03 to file responses to Defendants' post-trial motion for summary final judgment or for judgment notwithstanding mistrial, and to objection to Magistrate's 11/6/03 order granting Plaintiff's ore tenus fourth attempt to utilize a 3/25/03 supplemental expert opinion report of Ronald G. Bredemeyer and add another expert witness, William D. Miller. (ail) (Entered: 12/08/2003)
2003-12-08 290 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to preclude post-deposition experimentation testimony of Mike Ward , and/or to allow Defendants an equal opportunity to otherwise challenge such experimentation testimony referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 12/08/2003)
2003-12-08 291 0 ORDER granting [288-1] motion to extend time through 12/10/03 to file responses to Defendants' post-trial motion for summary final judgment or for judgment notwithstanding mistrial, and to objection to Magistrate's 11/6/03 order granting Plaintiff's ore tenus fourth attempt to utilize a 3/25/03 supplemental expert opinion report of Ronald G. Bredemeyer and add another expert witness, William D. Miller. Response to motion set to 12/10/03 for [286-1] motion for summary final judgment, and for [286-2] motion for judgment notwithstanding mistrial. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 12/09/2003)
2003-12-09 292 0 EMERGENCY MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to comply with 11/6/03 order (EMERGENCY) referred to Magistrate Judge Gary R. Jones. (ail) (Entered: 12/09/2003)
2003-12-09 293 0 ORDER denying [292-1] emergency motion to extend time to comply with 11/6/03 order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 12/10/2003)
2003-12-10 294 0 RESPONSE by Kristine Mary Nelson to [286-1] motion for summary final judgment, or [286-2] for judgment notwithstanding mistrial. (ail) (Entered: 12/10/2003)
2003-12-10 295 0 RESPONSE by Kristine Mary Nelson to [285-1] objection to Magistrate's 11/6/03 order granting Plaintiff's ore tenus fourth attempt to utilize a 3/25/03 "Supplemental Expert Opinion" report of Ronald G. Bredemeyer and add another expert witness, William D. Miller. (ail) (Entered: 12/10/2003)
2003-12-19 296 0 RESPONSE by Kristine Mary Nelson to [290-1] motion to preclude post-deposition experimentation testimony of Mike Ward, and/or [290-2] to allow Defendants an equal opportunity to otherwise challenge such experimentation testimony. (ail) (Entered: 12/22/2003)
2004-01-14 297 0 NOTICE OF HEARING: reset pretrial conference for 11:00 2/17/04 scheduled for Sr. Judge Wm. T. Hodges ( Signed by Deputy Clerk ) ctc (mam) (Entered: 01/14/2004)
2004-01-15 298 0 TRANSCRIPT of Excerpt from Trial proceedings (Opening Statements) held on 9/2/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 01/15/2004)
2004-01-15 299 0 TRANSCRIPT of Excerpt from Trial proceedings (Closing Arguments) held on 9/17/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 01/15/2004)
2004-01-16 300 0 EXHIBIT LIST by plaintiff Kristine Mary Nelson for trial concluded on 9/19/03. (mam) (Entered: 01/20/2004)
2004-01-16 301 0 EXHIBIT LIST by defendant Freightliner, LLC, defendant Interstate Equipment, defendant Swift Transportation for trial that concluded 9/19/03. (mam) (Entered: 01/20/2004)
2004-01-21 302 0 ORDER overruling [285-1] objection to Magistrate Judge order (Doc. #284). (Signed by Sr. Judge Wm. T. Hodges) ctc (ail) (Entered: 01/21/2004)
2004-01-21 303 0 ORDER denying [286-1] motion for summary final judgment, or [286-2] for judgment notwithstanding mistrial, as set forth in this order. (Signed by Sr. Judge Wm. T. Hodges) ctc (ail) (Entered: 01/21/2004)
2004-02-02 304 0 ORDER denying [290-1] motion to preclude post-deposition experimentation testimony of Mike Ward, and/or [290-2] to allow Defendants an equal opportunity to otherwise challenge such experimentation testimony. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 02/03/2004)
2004-02-06 305 0 TRANSCRIPT of trial proceedings held on 9/3/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/06/2004)
2004-02-06 306 0 TRANSCRIPT of trial proceedings held on 9/4/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/06/2004)
2004-02-06 307 0 TRANSCRIPT of excerpt from trial proceedings (testimony of Michael Ward) held on 9/5/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/06/2004)
2004-02-09 308 0 NOTICE of intent to elicit further testimony of Dr. Robert Demott pursuant to the Magistrate's 2/2/04 order, by Freightliner, LLC, Interstate Equipment, Swift Transportation. (ail) (Entered: 02/09/2004)
2004-02-13 309 0 RESPONSE and Objection by Kristine Mary Nelson to [308-1] notice of intent to elicit further testimony of Dr. Robert Demott pursuant to the Magistrate's 2/2/04 order. (lmf) (Entered: 02/13/2004)
2004-02-13 310 0 AMENDED JOINT PRETRIAL STATEMENT. (lmf) (Entered: 02/13/2004)
2004-02-17 311 0 NOTICE of filing report of Dr. DeMott dated 2/6/03 by Freightliner, LLC, Interstate Equipment, Swift Transportation. (ail) (Entered: 02/17/2004)
2004-02-17 312 0 OBJECTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to [304-1] Magistrate's order. (ail) (Entered: 02/17/2004)
2004-02-17 313 0 PRETRIAL CONFERENCE held on 2/17/04 before Sr. Judge Wm. T. Hodges. Order to enter. Court Reporter: Dennis Miracle (ail) (Entered: 02/17/2004)
2004-02-17 314 0 ORDER adopting [310-1] amended joint pretrial statement, that will control the course of the trial and may not be further amended except by order of the Court. (Signed by Sr. Judge Wm. T. Hodges) ctc (ail) (Entered: 02/17/2004)
2004-02-18 315 0 TRANSCRIPT of Excerpt from Trial Proceedings (Testiomony of Robert P. Demott) held on 9/11/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/18/2004)
2004-02-18 316 0 TRANSCRIPT of Excerpt from Trial Proceedings (Testimony of Robert P. Demott held on 9/12/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/18/2004)
2004-02-18 317 0 TRANSCRIPT of Excerpts from Trial Proceedings (Testimony of Witnesses Robert P. Demott and Terence Andrew Douglas) held on 9/15/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/18/2004)
2004-02-18 318 0 TRANSCRIPT of Excerpt from Trial Proceedings (Testimony of Cyril H. Wecht) held on 9/16/04 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/18/2004)
2004-02-20 319 0 ORDER OF TRANSFER: This case is hereby transferred to the Honorable Anne C. Conway for all further proceedings including trial on 3/22/04, or at such other time as she may direct by separate notice or Order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 02/20/2004)
2004-02-20 320 0 NOTICE OF CASE REASSIGNMENT to the Honorable Judge Anne C. Conway. (Signed by Deputy Clerk) ctc (ail) (Entered: 02/20/2004)
2004-02-23 321 0 SUPPLEMENT by Kristine Mary Nelson to [300-1] exhibits list. (ail) (Entered: 02/24/2004)
2004-02-24 322 0 TRANSCRIPT of Excerpt from Trial Proceedings (Discussion re: Motion to Conform Pleadings to the Evidence and Motion for Judgment as a Matter of Law) held on 9/10/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/25/2004)
2004-02-24 323 0 TRANSCRIPT of Excerpt from Trial Proceedings (Discussion re: Jury Instructions and Motion to Conform Pleadings to the Evidence) held on 9/15/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/25/2004)
2004-02-24 324 0 TRANSCRIPT of Pretrial Conference held on 2/17/04 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 02/25/2004)
2004-02-25 325 0 NOTICE OF STATUS CONFERENCE & TRIAL: set status conference for 10:30 a.m. on 3/10/04 & reset jury trial for 9:00 a.m. on 3/22/04; scheduled for Judge Anne C. Conway ctc (igc) Modified on 02/26/2004 (Entered: 02/25/2004)
2004-02-26 326 0 MOTION by Kristine Mary Nelson to compel defendants, Freightliner LLC & Swift Transportation Co. Inc. to produce exhaust leak documents at trial (igc) (Entered: 02/26/2004)
2004-02-26 327 0 NOTICE OF STATUS CONFERENCE & AMENDED NOTICE OF TRIAL: set status conference for 10:30 a.m. on 3/10/04 & set jury trial for 9:00 a.m. on Monday, 3/22/04 scheduled for Judge Anne C. Conway (notice amended to reflect correct day (Monday) of week for jury trial) ctc (igc) (Entered: 02/26/2004)
2004-02-27 328 0 INTERESTED PERSONS ORDER for Plaintiff and Defendants (Response due on or before March 8, 2004 - LLC must designate) ( Signed by Judge Anne C. Conway ) ctc (akj) (Entered: 02/27/2004)
2004-02-27 329 0 ORDER setting telephone conference for 2:00 on 3/15/04, scheduled for Magistrate Judge Gary R. Jones, re: motion to compel Defendants to produce exhaust leak documents. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 03/01/2004)
2004-03-01 330 0 OBJECTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to [300-1] plaintiff's exhibits list (igc) (Entered: 03/01/2004)
2004-03-01 331 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation jury view with limited testimony (igc) (Entered: 03/01/2004)
2004-03-02 332 0 CERTIFICATE OF INTERESTED PERSONS & Corporate Disclosure Statement by Kristine Mary Nelson Re: [328-1] order (igc) (Entered: 03/02/2004)
2004-03-02 333 0 RESPONSE by Kristine Mary Nelson to [312-1] objection (igc) (Entered: 03/02/2004)
2004-03-05 334 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude any evidence & mention of alleged incidents or complaints concerning purported exhaust problems in other Freightliner vehicles (igc) (Entered: 03/05/2004)
2004-03-05 335 0 OBJECTION & MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to strike plaintiff's listed witness, Harvey Portnoy - first disclosed on 2/11/04 (or for other relief) ; referred to Magistrate Judge Gary R. Jones (igc) (Entered: 03/05/2004)
2004-03-08 336 0 OBJECTION by Kristine Mary Nelson to [301-1] defendants' exhibits list (igc) (Entered: 03/08/2004)
2004-03-08 337 0 NOTICE of filing & notice of additional authority regarding certain (pending) matters by Freightliner, LLC, Interstate Equipment, Swift Transportation (igc) (Entered: 03/08/2004)
2004-03-08 338 0 CERTIFICATE OF INTERESTED PERSONS & Corporate Disclosure Statement by Freightliner, LLC, Interstate Equipment, Swift Transportation Re: [328-1] order (igc) (Entered: 03/08/2004)
2004-03-09 339 0 UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to bring cellular telephones into the courthouse (Unopposed) (igc) (Entered: 03/09/2004)
2004-03-09 340 0 MOTION by Swift Transportation for summary final judgment (igc) (Entered: 03/09/2004)
2004-03-10 341 0 PRETRIAL CONFERENCE held on 3/10/04 before Judge Anne C. Conway; Court Reporter: Rita Meyer (igc) (Entered: 03/11/2004)
2004-03-11 342 0 ORDER granting [339-1] motion to bring cellular telephones into the courthouse ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 03/11/2004)
2004-03-11 343 0 AMENDED NOTICE OF TRIAL: reset jury trial for 8:30 a.m. on 3/22/04; scheduled for Judge Anne C. Conway () ctc (igc) (Entered: 03/11/2004)
2004-03-11 344 0 ORDER denying [331-1] motion jury view with limited testimony, denying [334-1] motion in limine to exclude any evidence & mention of alleged incidents or complaints concerning purported exhaust problems in other Freightliner vehicles, denying [340-1] motion for summary final judgment ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 03/11/2004)
2004-03-11 345 0 UNOPPOSED MOTION by Kristine Mary Nelson to bring cellular telephones into the courthouse (Unopposed) (igc) (Entered: 03/11/2004)
2004-03-12 346 0 ...REQUEST by defendant Swift Transportation for sanctions against plaintiff ; referred to Magistrate Judge Gary R. Jones (jrm) (Entered: 03/12/2004)
2004-03-12 347 0 ...REQUEST by defendant Freightliner, LLC for imposition of sanctions pursuant to Federal Rule of Civil Procedure 37(a)(4)(B), including attorneys' fees for the filing of a frivolous motion ; referred to Magistrate Judge Gary R. Jones (jrm) (Entered: 03/12/2004)
2004-03-12 348 0 AMENDED CERTIFICATE OF INTERESTED PERSONS by defendants Freightliner, LLC, Swift Transportation and corporate disclosure statement (jrm) (Entered: 03/12/2004)
2004-03-12 349 0 ORDER denying [290-2] motion to allow Defendants an equal opportunity to otherwise challenge such experimentation testimony & [290-1] motion to preclude post-deposition experimentation testimony of Mike Ward, approving & adopting Magistrate Judges [304-1] order & overruling [312-1] objection ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 03/15/2004)
2004-03-15 350 0 TRANSCRIPT of Excerpt from Trial Proceedings (Testimony of Ronald Gordon Bredemeyer) held on 9/5/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/15/2004)
2004-03-15 351 0 TRANSCRIPT of Excerpt from Trial Proceedings (Testimony of Terri Lynn Herrington) held on 9/8/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/15/2004)
2004-03-15 352 0 PROPOSED STANDARD voir dire questions by Freightliner, LLC, Interstate Equipment, Swift Transportation (igc) (Entered: 03/15/2004)
2004-03-15 353 0 PROPOSED REQUESTED voir dire questions by Freightliner, LLC, Interstate Equipment, Swift Transportation (igc) (Entered: 03/15/2004)
2004-03-15 354 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for clarification of paragraph 2 of [344-1] order & request for ruling on motion in limine concerning other alleged incidents or complaints (document no. 334) (igc) (Entered: 03/15/2004)
2004-03-15 355 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude any evidence or mention of carbon monoxide meters or carbon monoxide tests employed by Swift on other unidentified vehicles (igc) (Entered: 03/15/2004)
2004-03-15 356 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to exclude any evidence & mention of Plaintiff's carbon monoxide testing of a different Freightliner vehicle (igc) Modified on 03/16/2004 (Entered: 03/15/2004)
2004-03-15 357 0 TELEPHONE CONFERENCE held on 3/15/04 before Magistrate Judge Gary R. Jones re: Plaintiff's Motion to Compel (Doc. #326), and Defendants' Objection and Motion to Strike Plaintiff's Listed Witness (Doc. #335). Order to enter. Court Reporter: Dennis Miracle (ail) (Entered: 03/16/2004)
2004-03-15 358 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to preclude plaintiff's non-retained fact witnesses from offering opinions developed after the conclusion of their factual involvement in this case (igc) (Entered: 03/16/2004)
2004-03-16 359 0 TRANSCRIPT of Excerpts from Trial Proceedings (Testimony of Witnesses Cizek, Eslick, and Koepke) held on 9/10/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/16/2004)
2004-03-16 360 0 MOTION by Kristine Mary Nelson in limine with regard to the report dated 3/4/04, of defendants' toxicology expert, Dr. Robert Demott (igc) (Entered: 03/16/2004)
2004-03-16 361 0 MOTION by Kristine Mary Nelson in limine to prohibit the defendants from presenting any alleged evidence or even argue that Robert Bruce Nelson committed suicide. (igc) (Entered: 03/16/2004)
2004-03-16 362 0 MOTION by Kristine Mary Nelson in limine to prohibit the defendants' introduction of evidence concerning plaintiff's receipt of life insurance proceeds. (igc) (Entered: 03/16/2004)
2004-03-16 363 0 MOTION by Kristine Mary Nelson in limine to prohibit the defendants from making any reference that any of the personal belongings Robert Bruce Nelson brought into the subject Freightliner Vehicle before his death contributed in any way to his death. (igc) (Entered: 03/16/2004)
2004-03-16 364 0 CLARIFICATION/SUPPLEMENT by Freightliner, LLC, Interstate Equipment, Swift Transportation to [356-1] motion in limine to exclude any evidence & mention of Plaintiff's carbon monoxide testing a different Freightliner vehicle (igc) (Entered: 03/16/2004)
2004-03-16 365 0 MOTION by Kristine Mary Nelson for trial judge to allow testimony of Teri Herrington regarding the Swift terminal manager's admission of an exhaust leak found in Nelson's vehicle after his death. (igc) Modified on 03/17/2004 (Entered: 03/16/2004)
2004-03-16 366 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to strike [365-1] motion for trial judge to allow testimony of Teri Herrington regarding the Swift terminal manager's admission of an exhaust leak found in Nelson's vehicle after his death & for Rule 11 sanctions against plaintiff and/or her counsel (igc) Modified on 03/17/2004 (Entered: 03/16/2004)
2004-03-16 367 0 NOTICE of submission of potential voir dire questions by Kristine Mary Nelson (igc) (Entered: 03/16/2004)
2004-03-16 368 0 TRANSCRIPT of Excerpts from Trial Proceedings (Testimony of Witnesses Koepke, Johnson and Dowell) held on 9/11/04 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/16/2004)
2004-03-16 369 0 TRANSCRIPT of Excerpt from Trial Proceedings (Testimony of Timothy Tindall) held on 9/12/04 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/16/2004)
2004-03-16 370 0 TRANSCRIPT of Excerpt from Trial Proceedings (Testimony of Burt Akina) held on 9/15/04 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/16/2004)
2004-03-17 371 0 MOTION by Kristine Mary Nelson to continue jury trial to July or August, 2004 docket (igc) (Entered: 03/17/2004)
2004-03-17 372 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation to [371-1] motion to continue jury trial to July or August, 2004 docket (igc) (Entered: 03/17/2004)
2004-03-17 373 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation in limine to preclude plaintiff's non-retained fact witnesses from offering opinions developed after the conclusion of their factual involvement in this case (igc) (Entered: 03/17/2004)
2004-03-17 374 0 ORDER denying [326-1] motion to compel defendants, Freightliner LLC & Swift Transportation Co. Inc. to produce exhaust leak documents at trial; granting [335-1] motion to strike plaintiff's listed witness, Harvey Portnoy - first disclosed on 2/11/04 (or for other relief); denying [346-1] motion for sanctions against plaintiff, and [347-1] motion for imposition of sanctions pursuant to Federal Rule of Civil Procedure 37(a)(4)(B), including attorneys' fees for the filing of a frivolous motion, as set forth in this order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) (Entered: 03/18/2004)
2004-03-18 375 0 TRANSCRIPT of Status Hearing held on 3/10/04 before Judge Anne C. Conway. (Transcript filed separately) (igc) (Entered: 03/18/2004)
2004-03-18 376 0 NOTICE of filing additional authority by Kristine Mary Nelson re: [371-1] motion to continue jury trial to July August, 2004 docket (igc) (Entered: 03/18/2004)
2004-03-19 377 0 ORDER granting [371-1] motion to continue jury trial to April, 2004 trial term. ( Signed by Magistrate Judge David A. Baker ) ctc (igc) Modified on 03/19/2004 (Entered: 03/19/2004)
2004-03-19 378 0 RESPONSE by Kristine Mary Nelson to [366-1] motion to strike [365-1] motion for trial judge to allow testimony of Teri Herrington regarding the Swift terminal manager's admission of an exhaust leak found in Nelson's vehicle after his death (igc) (Entered: 03/19/2004)
2004-03-19 379 0 NOTICE of filing supplemental authority by Freightliner, LLC, Interstate Equipment, Swift Transportation re: [372-1] motion response (igc) (Entered: 03/19/2004)
2004-03-22 380 0 TRANSCRIPT of Excerpts from Trial Proceedings (Reading of Deposition Testimony of Kenneth James and Chris Smith) held on 9/5/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/22/2004)
2004-03-22 381 0 TRANSCRIPT of Excerpts from Trial Proceedings (Reading of Deposition Testimony of Chris Smith, Richard L. Hitch, Jr., Gary F. Dowell, James Beecraft, Randall Eslick and Eric D. Rogers) held on 9/8/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/22/2004)
2004-03-22 382 0 TRANSCRIPT of Excerpts from Trial Proceedings (Reading of Deposition Testimony of Eric D. Rogers and Clarence James) held on 9/9/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/22/2004)
2004-03-22 383 0 TRANSCRIPT of Excerpts from Trial Proceedings (Reading of Deposition Testimony of Quentin Ronald Frazier, Sr.) held on 9/15/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/22/2004)
2004-03-22 384 0 TRANSCRIPT of Excerpt from Trial Proceedings (Reading of Deposition Testimony of Brian Heckman) held on 9/16/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/22/2004)
2004-03-22 385 0 NOTICE OF TRIAL: set jury trial for (Date Certain) 9:00 a.m. on 4/7/04; scheduled for Judge Anne C. Conway ctc (igc) (Entered: 03/22/2004)
2004-03-24 386 0 ORDER denying as moot [345-1] consent motion to bring cellular telephones into the courthouse, denying for lack of compliance with Local Rule 3.01(g) [363-1] motion in limine to prohibit the defendants from making any reference that any of the personal belongings Robert Bruce Nelson brought into the subject Freightliner Vehicle before his death contributed in any way to his death, [362-1] motion in limine to prohibit the defendants' introduction of evidence concerning plaintiff's receipt of life insurance proceeds, & [361-1] motion in limine to prohibit the defendants from presenting any alleged evidence or even argue that Robert Bruce Nelson committed suicide, denying as moot [366-1] motion to strike [365-1] motion for trial judge to allow testimony of Teri Herrington regarding the Swift terminal manager's admission of an exhaust leak found in Nelson's vehicle after his death & denying [366-2] motion for Rule 11 sanctions against plaintiff and/or her counsel & denying [365-1] motion for trial judge to allow testimony of Teri Herrington regarding the Swift terminal manager's admission of an exhaust leak found in Nelson's vehicle after his death. ( Signed by Judge Anne C. Conway on 3/23/04 ) ctc (igc) (Entered: 03/24/2004)
2004-03-24 387 0 ORDER directing the parties to resubmit exhibit lists in accordance with the form attached to this order provided by this Court, within 5 days of this Order. ( Signed by Judge Anne C. Conway on 3/23/04 ) ctc (igc) (Entered: 03/24/2004)
2004-03-24 388 0 RESPONSE by Kristine Mary Nelson to [334-1] motion in limine to exclude any evidence & mention of alleged incidents or complaints concerning purported exhaust problems in other Freightliner vehicles (igc) (Entered: 03/24/2004)
2004-03-26 389 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for one-day continuance of trial set for 4/7/04 (igc) (Entered: 03/26/2004)
2004-03-26 390 0 RESPONSE by Kristine Mary Nelson in opposition to [355-1] motion in limine to exclude any evidence or mention of carbon monoxide meters or carbon monoxide tests employed by Swift on other unidentified vehicles (igc) (Entered: 03/26/2004)
2004-03-26 391 0 AMENDED MOTION amending [360-1] motion in limine with regard to the report dated 3/4/04 of defendants' toxicology expert, Dr. Robert Demott (Amended) by Kristine Mary Nelson (igc) (Entered: 03/26/2004)
2004-03-26 392 0 AMENDED MOTION amending [361-1] motion in limine to prohibit the defendants from presenting any alleged evidence or even argue that Robert Bruce Nelson committed suicide (Amended) by Kristine Mary Nelson (igc) (Entered: 03/26/2004)
2004-03-26 393 0 AMENDED MOTION amending [362-1] motion in limine to prohibit the defendants' introduction of evidence concerning plaintiff's receipt of life insurance proceeds (Amended) by Kristine Mary Nelson (igc) (Entered: 03/26/2004)
2004-03-26 394 0 AMENDED MOTION amending [363-1] motion in limine to prohibit the defendants from making any reference that any of the personal belongings Robert Bruce Nelson brought into the subject freightliner vehicle before his death contributed in any way to his death (Amended) by Kristine Mary Nelson (igc) (Entered: 03/26/2004)
2004-03-29 395 0 MOTION by Kristine Mary Nelson to continue trial to 4/12/04 (igc) (Entered: 03/29/2004)
2004-03-29 396 0 CLARIFICATION by Kristine Mary Nelson to [390-1] opposition response (igc) (Entered: 03/29/2004)
2004-03-29 397 0 RESPONSE by Kristine Mary Nelson in opposition to [356-1] motion in limine to exclude any evidence & mention of Plaintiff's carbon monoxide testing of a different Freightliner vehicle (igc) (Entered: 03/29/2004)
2004-03-29 398 0 TRANSCRIPT of Excerpt from Trial Proceedings (Reading of February Deposition Testimony of Richard L. Hitch, Jr.) held on 9/8/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/30/2004)
2004-03-29 399 0 TRANSCRIPT of Excerpt from Trial Proceedings (Testimony of Charles Foss) held on 9/9/03 before Judge Wm. Terrell Hodges. Transcript filed separately. (ail) (Entered: 03/30/2004)
2004-03-30 400 0 NOTICE of filing additional exhibit lists in compliance with this Court's March 23, 2004 Order by Freightliner, LLC, Interstate Equipment, Swift Transportation (igc) (Entered: 03/30/2004)
2004-03-30 401 0 ORDER granting [395-1] motion to continue trial to 4/12/04, trial shall conclude on or before 6:30 p.m. on Friday, 4/23/04; DENIED as WHOLLY UNNECESSARY [394-1] amended motion in limine to prohibit the defendants from making any reference that any of the personal belongings Robert Bruce Nelson brought into the subject freightliner vehicle before his death contributed in any way to his death, [393-1] amended motion in limine to prohibit the defendants' introduction of evidence concerning plaintiff's receipt of life insurance proceeds and [392-1] amended motion in limine to prohibit the defendants from presenting any alleged evidence or even argue that Robert Bruce Nelson committed suicide, & denying as moot [389-1] motion for one-day continuance of trial set for 4/7/04; reset jury trial for 8:30 a.m. on 4/12/04; scheduled for Judge Anne C. Conway ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 03/30/2004)
2004-03-31 402 0 ORDER granting oral request by Paralegal Linda Henry-Crovo permission to bring Dell Inspiron 1100 laptop computer with mouse into the courtroom on 3/31/04 at 1:30 p.m. ( Signed by Judge Anne C. Conway on 3/30/04 ) ctc (igc) (Entered: 03/31/2004)
2004-03-31 403 0 NOTICE of filing supplemental authority by Freightliner, LLC, Interstate Equipment, Swift Transportation re: [334-1] motion in limine to exclude any evidence & mention of alleged incidents or complaints concerning purported exhaust problems in other Freightliner vehicles (igc) (Entered: 03/31/2004)
2004-03-31 404 0 NOTICE of filing Plaintiff's exhibit list by Kristine Mary Nelson (igc) (Entered: 03/31/2004)
2004-03-31 405 0 EXHIBIT LIST by plaintiff Kristine Mary Nelson (igc) (Entered: 03/31/2004)
2004-04-01 406 0 RESPONSE by Kristine Mary Nelson in opposition to [358-1] motion in limine to preclude plaintiff's non-retained fact witnesses from offering opinions developed after the conclusion of their factual involvement in this case (igc) (Entered: 04/01/2004)
2004-04-02 407 0 TRIAL CALENDAR for trial term commencing 4/1/04; scheduled for Judge Anne C. Conway; Jury trial deadline 8:30 a.m. on 4/12/04 ctc (igc) (Entered: 04/02/2004)
2004-04-05 408 0 RESPONSE by Freightliner, LLC, Interstate Equipment, Swift Transportation in opposition to [391-1] amended motion in limine with regard to the report dated 3/4/04 of defendants' toxicology expert, Dr. Robert Demott (igc) (Entered: 04/05/2004)
2004-04-09 409 0 NOTICE of intent to use trial testimony of Mel Cizek by Kristine Mary Nelson (igc) (Entered: 04/09/2004)
2004-04-12 410 0 JURY TRIAL - DAY 1: held on 4/12/04 before Judge Anne C. Conway; Court reporter: Rita Meyer (igc) (Entered: 04/13/2004)
2004-04-13 411 0 JURY TRIAL - DAY 2 - held on 4/13/04 before Judge Anne C. Conway; Court grants Defendants' Motion in Limine (Document no. 355); Court reporter Koretta Fleming (igc) Modified on 04/16/2004 (Entered: 04/14/2004)
2004-04-13 412 0 DEPOSITION of Clarence James by Kristine Mary Nelson re: [411-1] jury trial (Transcript filed separately) (Filed in open court) (igc) (Entered: 04/14/2004)
2004-04-13 413 0 DEPOSITION of Kenneth James by Kristine Mary Nelson re: [411-1] jury trial (Transcript filed separately) (Filed in open court) (igc) (Entered: 04/14/2004)
2004-04-13 414 0 DEPOSITION of Chris Smith by Kristine Mary Nelson re: [411-1] jury trial (Transcript filed separately) (Filed in open court) (igc) (Entered: 04/14/2004)
2004-04-13 415 0 DEPOSITION of Eric D. Rogers taken on 9/8/03 by Kristine Mary Nelson re: (Transcript filed separately) (igc) Modified on 04/14/2004 (Entered: 04/14/2004)
2004-04-13 416 0 DEPOSITION of Eric D. Rogers taken on 9/9/03 by Kristine Mary Nelson re: (Transcript filed separately) (igc) (Entered: 04/14/2004)
2004-04-14 417 0 JURY TRIAL - DAY 3 - held on 4/14/04 before Judge Anne C. Conway; Court reporter: Koretta Fleming (igc) Modified on 04/16/2004 (Entered: 04/15/2004)
2004-04-14 418 0 DEPOSITION of Richard L. Hitch, Jr. taken 2/27/03 by Kristine Mary Nelson re: [417-1] jury trial (Transcript filed separately) (Filed in open court) (igc) (Entered: 04/15/2004)
2004-04-14 419 0 DEPOSITION of Richard L. Hitch, Jr. taken on by Kristine Mary Nelson re: [417-1] jury trial; (Transcript filed separately) (Filed in open court) (igc) (Entered: 04/15/2004)
2004-04-14 420 0 DEPOSITION of Eric D. Rogers by Kristine Mary Nelson re: [417-1] jury trial; (Transcript filed separately) (Filed in open court) (igc) (Entered: 04/15/2004)
2004-04-15 421 0 JURY TRIAL - DAY 4 - held on 4/15/04 before Judge Anne C. Conway; Court reporter Koretta Fleming (igc) (Entered: 04/16/2004)
2004-04-15 422 0 ORDER Allowing Defendants to bring in certain analyzer equipment into the courthouse (Filed in open court) ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 04/16/2004)
2004-04-16 423 0 JURY TRIAL - DAY 5 - held on 4/16/04 before Judge Anne C. Conway; Court reporter: Koretta Fleming (igc) (Entered: 04/19/2004)
2004-04-19 424 0 JURY TRIAL - DAY 6 - held on 4/19/04 before Judge Anne C. Conway; Court reporter: Koretta Fleming (igc) (Entered: 04/20/2004)
2004-04-20 425 0 JURY TRIAL - DAY 7 - held on 4/20/04 before Judge Anne C. Conway; Court reporter: Koretta Fleming (igc) (Entered: 04/21/2004)
2004-04-21 426 0 JURY TRIAL - DAY 8 - held on 4/21/04 before Judge Anne C. Conway; Court reporter: Koretta Fleming (igc) (Entered: 04/22/2004)
2004-04-21 427 0 DEPOSITION of Quentin Frazier by Kristine Mary Nelson re: [426-1] jury trial; (Transcript filed separately) (igc) (Entered: 04/22/2004)
2004-04-22 428 0 JURY TRIAL - DAY 9 - held on 4/22/04 before Judge Anne C. Conway; Videotaped deposition of Eric Rogers filed in open court; Court reporter: Koretta Fleming (Videotape filed separately in folder) (igc) (Entered: 04/23/2004)
2004-04-22 429 0 VIDEOTAPED DEPOSITION of Eric Rogers re: [428-1] jury trial (Filed in open court) (Videotape filed separately) filed separately. (igc) (Entered: 04/23/2004)
2004-04-22 430 0 SPECIAL INTERROGATORIES to the Jury (Filed in open court) (igc) (Entered: 04/23/2004)
2004-04-23 431 0 JURY TRIAL - DAY 10 - held on 4/23/04 before Judge Anne C. Conway; Jury reached a verdict; Court - Judgment will be entered in accordance with the verdict; Court reporter Koretta Fleming (igc) (Entered: 04/23/2004)
2004-04-23 432 0 COURT'S JURY INSTRUCTIONS (Filed in open court) (igc) (Entered: 04/23/2004)
2004-04-23 433 0 COURT'S JURY INSTRUCTIONS - DAMAGES (Filed in open court) (igc) (Entered: 04/23/2004)
2004-04-23 434 0 SPECIAL INTERROGATORIES to the Jury - Damages (Filed in open court) (igc) (Entered: 04/23/2004)
2004-04-23 435 0 EXHIBIT LIST by plaintiff Kristine Mary Nelson (igc) (Entered: 04/23/2004)
2004-04-23 436 0 EXHIBIT LIST by defendant Freightliner, LLC, defendant Interstate Equipment, defendant Swift Transportation (igc) (Entered: 04/23/2004)
2004-04-23 437 0 COURT EXHIBIT LIST (igc) (Entered: 04/23/2004)
2004-04-27 438 0 NOTICE of filing proposed judgment on jury verdict by Kristine Mary Nelson (igc) (Entered: 04/27/2004)
2004-04-27 439 0 ORDER denying as moot [391-1] amended motion in limine with regard to the report dated 3/4/04 of defendants' toxicology Dr. Robert Demott, [373-1] motion in limine to preclude plaintiff's non-retained fact witnesses from offering opinions developed after the conclusion of their factual involvement in this case, [360-1] motion in limine with regard to the report dated 3/4/04, of defendants' toxicology expert, Dr. Robert Demott, [356-1] motion in limine to exclude any evidence & mention of Plaintiff's carbon monoxide testing of a different Freightliner vehicle, [354-1] motion for clarification of paragraph 2 of [344-1] order, [354-2] motion request for ruling on motion in limine concerning other alleged incidents or complaints (document no. 334), & [358-1] motion in limine to preclude plaintiff's non-retained fact witnesses from offering opinions developed after the conclusion of their factual involvement in this case ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 04/27/2004)
2004-04-29 440 0 NOTICE of filing proposed judgment on jury verdicts by Freightliner, LLC, Interstate Equipment, Swift Transportation (igc) (Entered: 04/29/2004)
2004-05-04 441 0 ORDER directing the CLERK OF COURT to enter judgment in favor of the Plaintiff, Kristine Mary Nelson & against all defendants. ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 05/05/2004)
2004-05-04 442 0 JUDGMENT for Kristine Mary Nelson against Freightliner, LLC, Interstate Equipment, Swift Transportation. Is is ORDERED & ADJUDGED that the Plaintiff recover the following from the defendants: The Estate of Robert Bruce Nelson shall recover the sum of $33,743.44; Kristine Mary Nelson shall recover the sum of $3,100,000.00; & Steven Nelson shall recover the sum of $1,270,000.00 for a total recovery of $4,403,743.44 with interest thereon as provided by law & her costs of action. Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (igc) (Entered: 05/05/2004)
2004-05-06 443 0 TRANSCRIPT of Trial Proceedings - Direct Examination of Charles Foss & Closing Argument of John Frost (Damages Phase) held on 4/22/04 before Judge Anne C. Conway. (Transcript filed separately) (igc) (Entered: 05/07/2004)
2004-05-06 444 0 TRANSCRIPT of Trial Proceedings - Rebuttal Closing of John Frost (Liability Phase) held on 4/21/04 before Judge Anne C. Conway. (Transcript filed separately) (igc) (Entered: 05/07/2004)
2004-05-12 445 0 TRANSCRIPT of trial held on 4/12/04 before Judge Anne C. Conway. (Transcript filed separately) (igc) (Entered: 05/12/2004)
2004-05-13 446 0 TRANSCRIPT of Direct Testimony of Timothy Tindall at Trial held on 4/16/04 before Judge Anne C. Conway. (Transcript filed separately) (igc) (Entered: 05/13/2004)
2004-05-13 447 0 TRANSCRIPT of Colloquy portion of Trial Proceedings held on 4/20/04 before Judge Anne C. Conway. (Transcript filed separately) (igc) (Entered: 05/13/2004)
2004-05-13 448 0 TRANSCRIPT of Colloquy Portion of Trial Proceedings held on 4/21/04 before Judge Anne C. Conway. (Transcript filed separately) (igc) (Entered: 05/13/2004)
2004-05-13 449 0 TRANSCRIPT of damages phase of testimony of Steven Nelson & Kristine Nelson held on 4/22/04 before Judge Anne C. Conway. (Transcript filed separately) (igc) (Entered: 05/13/2004)
2004-05-14 450 0 MOTION by Kristine Mary Nelson to tax costs (igc) (Entered: 05/14/2004)
2004-05-18 451 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to stay proceedings (igc) (Entered: 05/19/2004)
2004-05-18 452 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to interview jurors (igc) (Entered: 05/19/2004)
2004-05-18 453 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for new trial (igc) (Entered: 05/19/2004)
2004-05-18 454 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to alter or amend judgment or in the alternative for remittitur (igc) (Entered: 05/19/2004)
2004-05-18 455 0 AMENDED MOTION amending [0-0] motion for judgment as a matter of law (Amended) by Swift Transportation (igc) (Entered: 05/19/2004)
2004-05-18 456 0 AMENDED MOTION amending [0-0] motion for judgment as a matter of law (Amended) by Interstate Equipment (igc) (Entered: 05/19/2004)
2004-05-18 457 0 AMENDED MOTION amending [0-0] motion for judgment as a matter of law (Amended) by Freightliner, LLC, Interstate Equipment, Swift Transportation (igc) (Entered: 05/19/2004)
2004-05-26 458 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to compel production of documents with respect to plaintiff's motion to tax costs and request to extend time to respond to motion to tax costs referred to Magistrate Judge Gary R. Jones. (maa) (Entered: 05/26/2004)
2004-05-26 459 0 NOTICE of filing supplemental authority by Freightliner, LLC, Interstate Equipment, Swift Transportation re: [451-1] motion to stay proceedings. (maa) (Entered: 05/26/2004)
2004-06-01 460 0 RESPONSE by plaintiff Kristine Mary Nelson to [451-1] motion to stay proceedings to enforce judgment(s). (djd) (Entered: 06/01/2004)
2004-06-01 461 0 RESPONSE by Kristine Mary Nelson to [452-1] motion to interview jurors (djd) (Entered: 06/01/2004)
2004-06-01 462 0 RESPONSE by Kristine Mary Nelson to [453-1] motion for new trial (djd) (Entered: 06/01/2004)
2004-06-01 463 0 RESPONSE by Kristine Mary Nelson to [454-1] motion to alter or amend judgment or in the alternative for remittitur (djd) (Entered: 06/01/2004)
2004-06-01 464 0 RESPONSE by Kristine Mary Nelson to defendant Swift's [455-1] amended motion for judgment as a matter of law (Amended) (djd) Modified on 06/16/2004 (Entered: 06/01/2004)
2004-06-01 465 0 RESPONSE by plaintiff Kristine Mary Nelson to defendants' Freightliner LLC, Interstate Equipment Leasing, Inc., and Swift Transportation Co., Inc.'s [457-1] amended motion for judgment as a matter of law (Amended) (djd) Modified on 06/16/2004 (Entered: 06/01/2004)
2004-06-01 466 0 RESPONSE by plaintiff Kristine Mary Nelson to defendant Interstate Equipment Leasing, Inc,'s [456-1] amended motion for judgment as a matter of law (Amended) (djd) (Entered: 06/01/2004)
2004-06-07 467 0 RESPONSE by Kristine Mary Nelson to [458-1] motion to compel production of documents with respect to plaintiff's motion to tax costs & [458-2] request to extend time (igc) Modified on 06/16/2004 (Entered: 06/07/2004)
2004-06-07 468 0 NOTICE of filing supplemental authority by Kristine Mary Nelson re: [462-1] motion response (igc) (Entered: 06/07/2004)
2004-06-08 469 0 NOTICE of filing documents (authority) in support of choice of law issue by Freightliner, LLC, Interstate Equipment, Swift Transportation (igc) (Entered: 06/08/2004)
2004-06-09 470 0 NOTICE of filing supplemental authority by Freightliner, LLC, Interstate Equipment, Swift Transportation re: [453-1] motion for new trial (igc) (Entered: 06/09/2004)
2004-06-15 471 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for leave to file verified reply memorandum in support of motion for new trial (reply memorandum attached to motion) (igc) (Entered: 06/18/2004)
2004-06-17 472 0 RESPONSE by Kristine Mary Nelson to [471-1] motion for leave to file verified reply memorandum in support of motion for new trial (reply memorandum attached to motion) (igc) (Entered: 06/18/2004)
2004-06-21 473 0 ORDER granting in part, denying in part [458-1] motion to compel production of documents with respect to plaintiff's motion to tax costs, and [458-2] request to extend time to respond to motion to tax costs. Defendants' motion to compel production of documents with respect to Plaintiff's motion to tax costs is DENIED. However, Plaintiff has 10 days to file with the Court documentation of any costs as set forth in this order. Defendants' motion for extension of time to respond is GRANTED and they shall file their response to Plaintiff's motion within 7 days of the date of this Order. (Signed by Magistrate Judge Gary R. Jones) ctc (ail) Modified on 06/24/2004 (Entered: 06/22/2004)
2004-06-24 474 0 ORDER denying [452-1] motion to interview jurors, denying [454-1] motion to alter or amend judgment or in the alternative for remittitur, denying [455-1] amended motion for judgment as a matter of law, denying [456-1] amended motion for judgment as a matter of law, denying [457-1] amended motion for judgment as a matter of law & granting [471-1] motion for leave to file verified reply memorandum in support of motion for new trial (reply memorandum attached to motion) ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 06/24/2004)
2004-06-24 475 0 REPLY by Freightliner, LLC, Interstate Equipment, Swift Transportation to response to [453-1] motion for new trial (igc) (Entered: 06/24/2004)
2004-06-25 476 0 ORDER granting [451-1] motion to stay proceedings. Any execution on the Judgment entered in this matter is STAYED pending appeal. The Stay entered by this Court expires on Monday 7/26/04, unless defendants, through a bonding company approved by the Clerk's office of the United States District Court for the Middle District of Florida, post & file with the Clerk of this Court, a supersedeas bond in the amount of 4,600,000.00 ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 06/25/2004)
2004-06-25 477 0 ORDER denying [453-1] motion for new trial ( Signed by Judge Anne C. Conway ) ctc (igc) (Entered: 06/28/2004)
2004-07-01 478 0 NOTICE of filing certain costs documentation in compliance with Magistrate Judge Jones' order dated 6/21/04 (document no. 473) by Kristine Mary Nelson (igc) (Entered: 07/01/2004)
2004-07-01 479 0 UNOPPOSED MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation for leave to file opposition memorandum in excess of 20 pages to plaintiff's motion to tax costs (opposition attached to motion) referred to Magistrate Judge Gary R. Jones (igc) (Entered: 07/01/2004)
2004-07-02 480 0 ORDER granting [479-1] consent motion for leave to file opposition memorandum in excess of 20 pages to plaintiff's motion to tax costs (opposition attached to motion). ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 07/06/2004)
2004-07-02 481 0 MEMORANDUM by Freightliner, LLC, Interstate Equipment, Swift Transportation in opposition to [450-1] motion to tax (igc) (Entered: 07/08/2004)
2004-07-07 482 0 MOTION by Freightliner, LLC, Interstate Equipment, Swift Transportation to extend time to comply with Magistrate's June 21, 2004 order & to extend time to respond to motion to tax costs referred to Magistrate Judge Gary R. Jones (igc) Modified on 07/08/2004 (Entered: 07/07/2004)
2004-07-12 483 0 ORDER granting 482 Motion to extend time . Signed by Judge Gary R. Jones on 7/12/2004. (GRJ) Modified on 7/23/2004 (IGC). (Entered: 07/12/2004)
2004-07-23 484 0 NOTICE OF APPEAL as to 303 Order 442 Judgment 477 Order 349 Order 302 Order 344 Order 474 Order {277} Doc {430} Doc {434} by Freightliner, LLC. Filing fee $ 255, receipt number 15816. (VEF, ) (Entered: 07/23/2004)
2004-07-23 485 0 NOTICE of filing Supersedeas Bond in the principle amount of $4,600,00.00 by Freightliner, LLC, Interstate Equipment Leasing, Inc., Swift Transportation re 476 Order (IGC) (Entered: 07/23/2004)
2004-08-02 486 0 USCA case number 04-13762-C for 484 Notice of appeal filed by Freightliner, LLC. (AIQ) (Entered: 08/03/2004)
2004-08-06 487 0 TRANSCRIPT information form filed by Freightliner, LLC, Interstate Equipment Leasing, Inc., Swift Transportation for proceedings held on 08/13/03 before Judge Gary R. Jones re 484 Notice of appeal. USCA number: 04-13762-c. (Schneider, Mark) (Entered: 08/06/2004)
2004-08-05 488 0 TRANSCRIPT information form filed by Kristine Mary Nelson for proceedings held on 9/02-19/03 before Judge Wm. Terrell Hodges re 484 Notice of appeal. USCA number: 04-13762-C. (filed in Orlando Division, received 8/6/04) (AIQ) (Entered: 08/09/2004)
2004-08-09 489 0 COURT REPORTER ACKNOWLEDGMENT by Koretta Fleming re 484 Notice of appeal Estimated transcript filing date: 8/19/04. USCA number: 04-13762-C. (VEF, ) (Entered: 08/09/2004)
2004-08-06 490 0 COURT REPORTER ACKNOWLEDGMENT by Dennis Miracle re 484 Notice of appeal Estimated transcript filing date: 9/5/04. USCA number: 04-13762-C. (Transcripts of Trial 9/02-19/03) (AIQ) (Entered: 08/09/2004)
2004-08-10 491 0 COURT REPORTER ACKNOWLEDGMENT by Dennis Miracle re 484 Notice of appeal Estimated transcript filing date: 9/9/04 for Pretrial proceedings held on 8/13/03. USCA number: 04-13762-C. (AIQ) (Entered: 08/10/2004)
2004-08-17 492 0 TRANSCRIPT of Volume 2 of Trial April 13, 2004 Court Reporter: Koretta Fleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 493 0 TRANSCRIPT of Volume 3 of Trial April 14, 2004 Court Reporter: Koretta Kleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 494 0 TRANSCRIPT of Volume 4 of Trial April 15, 2004 Court Reporter: Koretta Kleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 495 0 TRANSCRIPT of Volume 5 of Trial April 16, 2004 Court Reporter: Koretta Kleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 496 0 TRANSCRIPT of Volume 6 of Trial April 19, 2004 Court Reporter: Koretta Fleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 497 0 TRANSCRIPT of Volume 7 of Trial April 20, 2004 Court Reporter: Koretta Fleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 498 0 TRANSCRIPT of Volume 8 of Trial April 21, 2004 Court Reporter: Koretta Fleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 499 0 TRANSCRIPT of Volume 9 of Trial April 22, 2004 Court Reporter: Koretta Fleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 500 0 TRANSCRIPT of Volume 10 of Trial April 23, 2004 Court Reporter: Koretta Fleming. re 484 Notice of appeal (VEF, ) (Entered: 08/17/2004)
2004-08-17 501 0 NOTIFICATION that transcript has been filed by Koretta fleming re: 484 Notice of appeal USCA number: 04-13762-C (VEF, ) (Entered: 08/17/2004)
2004-08-24 502 0 TRANSCRIPT of Daubert Hearing held on 8/13/03 before Judge Gary R. Jones. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 503 0 NOTIFICATION that transcript has been filed by Dennis Miracle re: 484 Notice of appeal USCA number: 04-13762-C. (AIQ) (Entered: 08/25/2004)
2004-08-24 504 0 TRANSCRIPT of Trial Proceedings held on 9/02/04 before Judge Wm. Terrel Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 505 0 TRANSCRIPT of Trial Proceedings held on 9/05/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 506 0 TRANSCRIPT of Trial Proceedings held on 9/08/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 507 0 TRANSCRIPT of Trial Proceedings held on 9/09/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 508 0 TRANSCRIPT of Trial Proceedings held on 9/10/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 509 0 TRANSCRIPT of Trial Proceedings held on 9/11/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 510 0 TRANSCRIPT of Trial Proceedings held on 9/12/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 511 0 TRANSCRIPT of Trial Proceedings held on 9/15/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 512 0 TRANSCRIPT of Trial Proceedings held on 9/16/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 513 0 TRANSCRIPT of Trial Proceedings held on 9/17/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 514 0 TRANSCRIPT of Trial Proceedings held on 9/18/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 515 0 TRANSCRIPT of Trial Proceedings held on 9/19/03 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (AIQ) (Entered: 08/25/2004)
2004-08-24 516 0 NOTIFICATION that transcript has been filed by Dennis Miracle re: 484 Notice of appeal USCA number: 04-13762-C. (AIQ) (Entered: 08/25/2004)
2004-09-17 517 0 REPORT AND RECOMMENDATIONS re 450 Motion for taxation of costs filed by Kristine Mary Nelson. Recommending that Plaintiff's Motion to Tax Costs be granted in part and denied in part and that Plaintiff be awarded costs in the total sum of $32,310.20. Signed by Judge Gary R. Jones on 9/17/2004. (grj) (Entered: 09/17/2004)
2004-10-04 518 0 OBJECTION to 517 Report and Recommendations by Freightliner, LLC, Interstate Equipment Leasing, Inc. and Swift Transportation. (LV) (Entered: 10/04/2004)
2004-10-15 519 0 CERTIFICATE of readiness sent to USCA re: 484 Notice of appeal. USCA number: 04-13762-C (VEF, ) (Entered: 10/15/2004)
2004-10-22 520 0 ACKNOWLEDGMENT by USCA of receiving COR on 10/18/04 re 484 Notice of appeal. USCA number: 04-13762-C. (VEF, ) (Entered: 10/22/2004)
2004-10-25 521 0 ORDER : On Monday July 12, 2004 the United States District Court for the Middle District of Florida converted to a mandatory paperless electronic filing system: CM/ECF. All attorneys appearing before this court shall begin using the CM/ECF system on or before November 12, 2004. Counsel are directed to the website located at www.flmd.uscourts.gov under "CM/ECF" where they can request their password from the Court. Counsel must attend a training class or take the Tutorials offered on the website before using the system. Signed by Judge Anne C. Conway on 10/25/2004. (Conway, Anne) (Entered: 10/25/2004)
2004-11-30 522 0 ORDER : On or before December 13, 2004 Kenn W. Goff and Myron Shapiro shall show cause why they should not be sanctioned for failure to comply with this Court's October 25, 2004 order. Signed by Judge Anne C. Conway on 11/30/2004. (Conway, Anne) (Entered: 11/30/2004)
2004-12-07 524 0 RECORD on appeal sent to USCA re 484 Notice of appeal. Transmittal includes certified copy of docket sheet, volume of pleadings: 17, volume of transcripts: 61, volume of exhibits: 5 Folders & 1 Box of Trial Exhibits. USCA number 04-13762-C (VEF, ) (Entered: 12/07/2004)
2004-12-13 525 0 RESPONSE TO ORDER TO SHOW CAUSE 522 by Freightliner, LLC, Interstate Equipment Leasing, Inc., Swift Transportation. (Shapiro, Myron) (Entered: 12/13/2004)
2005-01-05 526 0 ORDER : The Court has reviewed the Report and Recommendation 517 and the Objections thereto 518 . The Report and Recommendation 517 is adopted and affirmed.The Objections 518 are overruled. Plaintiff's Motion to Tax Costs 450 is granted in part and denied in part as set forth in the Report and Recommendation 517 . The Clerk shall award costs to the plaintiff in the amount of $32,310.20. Signed by Judge Anne C. Conway on 1/5/2005. (Conway, Anne) (Entered: 01/05/2005)
2005-04-29 527 0 NOTICE by Freightliner, LLC, Interstate Equipment Leasing, Inc., Swift Transportation of Withdrawal of Kenn W. Goff as one of the Attorneys for Defendants (Goff, Kenn) (Entered: 04/29/2005)
2005-05-02 528 0 ORDER: The Court will treat the Notice 527 as a motion to withdraw. The motion is granted. The Clerk shall terminate Mr. Goff as attorney of record for defendants.Signed by Judge Anne C. Conway on 5/2/2005. (Conway, Anne) (Entered: 05/02/2005)
2005-11-01 529 0 USCA judgment affirming the judgment of the District Court as to 484 Notice of appeal filed by Freightliner, LLC. Entered on docket 9/29/05. USCA number: 04-13762-CC. Issued as the mandate on 10/28/05. (AIQ) (Entered: 11/02/2005)
2005-12-01 530 0 NOTICE by Kristine Mary Nelson of Satisfaction of Judgment (Tamayo, John) (Entered: 12/01/2005)
2005-12-12 531 0 Unopposed MOTION for release of bond obligation Unopposed Motion to Release Supersedeas Bond by Freightliner, LLC. (Shapiro, Myron) (Entered: 12/12/2005)
2005-12-13 532 0 ORDER granting 531 Motion for release of bond obligation. The Supersedeas Bond (Bond No. 39368) of DaimlerChrysler Insurance Company posted and filed in this action is hereby released . Signed by Judge Anne C. Conway on 12/13/2005. (Conway, Anne) (Entered: 12/13/2005)
2007-01-11 533 0 RECEIPT for return of exhibits and/or exhibit substitutes as to Kristine Mary Nelson (jkl) (Entered: 01/11/2007)
2007-01-18 534 0 CLERK'S certificate of destruction of exhibits and/or exhibit substitutes as to Freightliner, LLC, Interstate Equipment Leasing, Inc., Swift Transportation (jkl) (Entered: 01/18/2007)