Case docket: Frizzel v. Highway Trailer Indu, et al

Case details

Court:	mdd
Docket #:	1:90-cv-01942
Case Name:	Frizzel v. Highway Trailer Indu, et al
PACER case #:	47319
Date filed:	1990-07-18
Date terminated:	1993-11-24
Date of last filing:	1993-11-24
Assigned to:	Judge J. Frederick Motz
Nature of Suit:	365 Personal Inj. Prod. Liability
Jury Demand:	Plaintiff
Jurisdiction:	Diversity

Parties

Represented Party	Attorney & Contact Info
Stephen Brian Frizzel Plaintiff	Kenneth Mark Berman Berman Sobin Gross Feldman and Darby LLP 481 N Frederick Ave Ste 300 Gaithersburg, MD 20877 13016707030 Fax: 13016709492 Email: kberman@BSGFDlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Highway Trailer Industries, Inc. Defendant doing business asHighway Industries Inc.	Barry D Trebach Bonner Kiernan Trebach and Crociata LLP 1233 20th St NW 8th Fl Washington, DC 20036 12027127000 Fax: 12027127100 Email: btrebach@bonnerkiernan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles Rene Spigelman Spigelman & Cecere LLC 904 Wind River Lane Suite 103 Gaithersburg, MD 20878-1976 13019486363 Fax: 13019478755 Email: crspigelman@cjlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
General Acceptance Corporation Defendant
Avatar Holdings, Inc. Defendant formerly known asGeneral Acceptance Corporation	Barry D Trebach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles Rene Spigelman (See above for address) ATTORNEY TO BE NOTICED
Highway Trailer Industries, Inc. ThirdParty Plaintiff
USA ThirdParty Defendant	Donna C Sanger Office of the US Attorney 6500 Cherrywood Ln Ste 400 Greenbelt, MD 20770-1249 13013444433 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeanette A Plante US Department of Justice 600 E St NW Washington, DC 20530 12026166444 Fax: 12026166647 Email: jeanette.plante@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard D Bennett United States District Court for the District of Maryland 101 W Lombard St Baltimore, MD 21201 14109622600 LEAD ATTORNEY ATTORNEY TO BE NOTICED
USA Cross Claimant	Donna C Sanger (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard D Bennett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Avatar Holdings, Inc. Cross Defendant	Barry D Trebach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles Rene Spigelman (See above for address) ATTORNEY TO BE NOTICED
Highway Trailer Industries, Inc. Cross Defendant	Barry D Trebach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles Rene Spigelman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
1990-07-18	1	0	Jury Demand	DEMAND for jury trial by Stephen Brian Frizzel (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-07-20	2	0	Summons Issued	SUMMONS(ES) issued for Highway Trailer Ind., General Acceptance(60) (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-07-30	3	0	Remark	Local Rule 103.3 Statement of Plaintiff (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-08-01	4	0	Summons Returned Executed	RETURN OF SERVICE executed as to Highway Trailer Ind. 1/25/90 Answer due on 2/14/90 for Highway Trailer Ind. via return receipt (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-08-01	5	0	Remark	Line requesting service of Second summons to General Acceptance Corp. (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-08-02	6	0	Summons Issued	Second SUMMONS(ES) issued for General Acceptance (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-08-06	7	0	Remark	Amended Local Rule 103.3 Statement of Plaintiff (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-09-25	8	0	Answer to Complaint	ANSWER to Complaint by Highway Trailer Ind. (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-10-09	9	0	Remark	Local Rule 103.3 Statement of Defendant (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-10-17	10	0	Motion to Amend/Correct	MOTION by Stephen Brian Frizzel to Amend [1-1] complaint and proposed amended complaint (mdd, Deputy Clerk) (Entered: 12/07/1990)
1990-10-31	11	0	Order	ORDER granting [11-1] motion to Extend Time within which to file its reponse to Motion of Plaintiff for leave to Amend Complaint to 11/16/90, and Response to Motion reset to 11/16/90 for [10-1] motion to Amend [1-1] complaint ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-11-15	12	0	Response in Opposition to Motion	MEMORANDUM by Highway Trailer Ind. in opposition to [10-1] motion to Amend [1-1] complaint (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-11-15	13	0	Order	ORDER (letter) granting [10-1] motion to Amend [1-1] complaint ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-11-15	14	0	Amended Complaint	AMENDED COMPLAINT by Stephen Brian Frizzel , (Answer due 11/26/90 for General Acceptance, for Highway Trailer Ind. ) amending [1-1] complaint against Avatar Holdings Inc. (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-11-15	15	0	Scheduling Order	SCHEDULING ORDER setting Discovery cutoff 3/14/91 ; Additional claims due by 12/31/90(c/m 11/14/990 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-11-15	16	0	Motion to Dismiss	MOTION by Highway Trailer Ind. to Dismiss (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-11-19	17	0	Order	ORDER(letter), to Show Cause on or before 11/29/90 why the action should not6 be dismissed against Avatar/GMAC for failure to make timely service ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-11-26	18	0	Summons Issued	SUMMONS(ES) issued for Avatar Holdings Inc. (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-11-30	19	0	Response in Opposition to Motion	MEMORANDUM by Stephen Brian Frizzel in opposition to [13-1] motion to Dismiss (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/07/1990)
1990-12-10	20	0	Summons Returned Executed	RETURN OF SERVICE executed as to Avatar Holdings Inc. 12/4/90 Answer due on 12/24/90 for Avatar Holdings Inc. (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/11/1990)
1990-12-11	21	0	Reply to Response to Motion	REPLY by Highway Trailer Ind. to response to Response of Plaintiff to Show Cause Order and Opposition of Plaintiff to Motion of Defendant to Dismiss (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/13/1990)
1990-12-12	22	0	Order	ORDER(letter) denying [13-1] motion to Dismiss and requesting that plaintiff provide a supplemental report on or before 1/4/91 (c/m 12/12/90 cham)( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) Modified on 12/17/1990 (Entered: 12/13/1990)
1990-12-21	23	0	Scheduling Order	SCHEDULING ORDER dated 12/20/90 setting Discovery cutoff 5/14/91 ; Additional claims due by 3/1/91 (c/m 12/20/90 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) Modified on 12/28/1990 (Entered: 12/28/1990)
1991-01-17	24	0	Motion to Dismiss	MOTION with memorandum in support by Avatar Holdings Inc. to Dismiss (mdd, Deputy Clerk) Modified on 01/18/1991 (Entered: 01/18/1991)
1991-01-28	25	0	Order	ORDER granting [26-1] motion to Extend Time for filing an opposition to Defendant Avator Holding Motion to Dismiss until 2/11/91, Response to Motion reset to 2/11/91 for [24-1] motion to Dismiss (c/m 1/25/91 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) Modified on 02/13/1991 (Entered: 02/01/1991)
1991-02-11	26	0	Response in Opposition to Motion	MEMORANDUM by Stephen Brian Frizzel in opposition to [24-1] motion to Dismiss and Exh. A-S (mdd, Deputy Clerk) Modified on 02/13/1991 (Entered: 02/13/1991)
1991-02-20	27	0	Order	ORDER granting [27-1] motion to Extend Time to file its reponse to oppostion of plaintiff to its motion to dismiss to 3/1/91, Reply to Response to Motion reset to 3/1/91 for [24-1] motion to Dismiss (c/m 2/20/91 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 02/21/1991)
1991-03-01	28	0	Third Party Complaint	THIRD-PARTY COMPLAINT by Highway Trailer Ind. against USA (mdd, Deputy Clerk) (Entered: 03/04/1991)
1991-03-01	29	0	Reply to Response to Motion	REPLY by Avatar Holdings Inc. to response to [24-1] motion to Dismiss (mdd, Deputy Clerk) (Entered: 03/04/1991)
1991-03-04	30	0	Summons Issued	Third Party SUMMONS(ES) issued for USA to Dick Thornburgh and Breckenridge Willcox (mdd, Deputy Clerk) (Entered: 03/04/1991)
1991-03-21	31	0	Summons Returned Executed	RETURN OF SERVICE of Third party summons executed as to USA 3/12/91 Answer due on 4/1/91 for USA (mdd, Deputy Clerk) (Entered: 03/25/1991)
1991-03-21	32	0	Summons Returned Executed	RETURN OF SERVICE executed as to USA 3/13/91 Answer due on 4/2/91 for USA (mdd, Deputy Clerk) (Entered: 03/25/1991)
1991-03-22	33	0	Order	ORDER granting [33-1] joint motion to Extend Time to file a supplemental memorandum until 3/29/91 (c/m 3/22/91 cham)( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 03/26/1991)
1991-03-25	34	0	Response in Support of Motion	Supplemental MEMORANDUM by Stephen Brian Frizzel in support of [26-1] opposition memorandum (mdd, Deputy Clerk) (Entered: 03/26/1991)
1991-04-01	35	0	Remark	Praecipe of plaintiff further supplementing opposition (mdd, Deputy Clerk) (Entered: 04/04/1991)
1991-04-01	36	0	Response to Motion	RESPONSE by Avatar Holdings Inc. to [24-1] supplemental memorandum motion to Dismiss (mdd, Deputy Clerk) (Entered: 04/04/1991)
1991-04-01	37	0	Order	ORDER,(letter) dated 3/28/91 directing parties to serve upon each other interrogatories and request for production of documents DEFERRING taking of depositions and DIRECTING counsel provide a statement on or before 5/20/91 (c/m 3/28/91 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 04/04/1991)
1991-04-01	38	0	Memorandum Opinion	MEMORANDUM (c/m 3/28/91 ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 04/04/1991)
1991-04-01	39	0	Order	ORDER dated 3/28/91 denying [24-1] motion to Dismiss(c/m 3/28/91 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 04/04/1991)
1991-05-01	40	0	Motion for Leave to File	MOTION with memorandum in support by Stephen Brian Frizzel for Leave to File Second Amended Complaint and proposed amended complaint (mdd, Deputy Clerk) (Entered: 05/02/1991)
1991-05-02	41	0	Order	ORDER granting [40-1] motion for Leave to File Second Amended Complaint (c/m 5/8/91 kjb) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 05/08/1991)
1991-05-02	42	0	Amended Complaint	Second AMENDED COMPLAINT by Stephen Brian Frizzel , (Answer due 5/13/91 for USA, for Avatar Holdings Inc., for General Acceptance, for Highway Trailer Ind. ) amending [14-1] amended complaint (mdd, Deputy Clerk) Modified on 05/08/1991 (Entered: 05/08/1991)
1991-05-13	43	0	Answer to Third Party Complaint	ANSWER by USA (Attorney Richard D. Bennett, Donna C. Sanger) to [28-1] third-party complaint (mdd, Deputy Clerk) (Entered: 05/14/1991)
1991-05-29	44	0	Motion to Dismiss	MOTION with memorandum in support by Highway Trailer Ind., Avatar Holdings Inc. to Dismiss for failure to state a claim upon which relief can be granted (mdd, Deputy Clerk) (Entered: 05/30/1991)
1991-05-31	45	0	Answer to Amended Complaint	ANSWER by Highway Trailer Ind., Avatar Holdings Inc. (Attorney Barry D. Trebach, Charles R. Spigelman) to amended complaint (mdd, Deputy Clerk) (Entered: 06/05/1991)
1991-06-14	46	0	Motion for Leave to File	MOTION by Avatar Holdings Inc., Highway Trailer Ind. for Leave to File Amended Third Party Complaint and Proposed Amended Third Party Complaint. (1c/s) (mdd, Deputy Clerk) (Entered: 06/14/1991)
1991-06-18	47	0	Order	ORDER granting [47-1] joint motion to Extend Time to respond to Motion of Defendants, Highway Trailer and Avatar Motion to Dismiss an additional thirty days, Response to Motion reset to 7/18/91 for [44-1] motion to Dismiss for failure to state a claim upon which relief can be granted (c/m 6/18/91 cham) signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 06/24/1991)
1991-06-19	48	0	Answer to Amended Complaint	ANSWER by USA to Second amended complaint (mdd, Deputy Clerk) (Entered: 06/24/1991)
1991-06-19	49	0	Crossclaim	CROSSCLAIM by USA against Avatar Holdings Inc., Highway Trailer Ind. (mdd, Deputy Clerk) (Entered: 06/24/1991)
1991-06-19	50	0	Motion to Strike	MOTION with memorandum in support by USA to Strike [1-1] jury demand (mdd, Deputy Clerk) (Entered: 06/24/1991)
1991-06-21	51	0	Response in Opposition	RESPONSE by Stephen Brian Frizzel in opposition to [44-1] motion to Dismiss for failure to state a claim upon which relief can be granted (mdd, Deputy Clerk) (Entered: 06/24/1991)
1991-06-24	52	0	Order	ORDER granting [50-1] motion to Strike [1-1] jury demand (c/m 6/24/91 jt) signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 06/25/1991)
1991-06-24	53	0	Order	ORDER (letter) "CONFIRMING" SCHEDULE and directing Counsel to submit a status report on 10/25/91 (c/m 6/24/91 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 06/25/1991)
1991-07-01	54	0	Response in Opposition	RESPONSE by Stephen Brian Frizzel in opposition to [50-1] motion to Strike [1-1] jury demand & Memorandum (mdd, Deputy Clerk) (Entered: 07/03/1991)
1991-07-02	55	0	Order	ORDER withdrawing Order dated 6/24/91 and directing that the Governemnt respond to Plaintiff's opposition on or before 7/16/91 (c/m 7/2/91 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 07/05/1991)
1991-07-05	56	0	Answer to Crossclaim	ANSWER by Avatar Holdings Inc., Highway Trailer Ind. to [49-1] cross claim (mdd, Deputy Clerk) (Entered: 07/09/1991)
1991-07-15	57	0	Reply to Response to Motion	REPLY by Avatar Holdings Inc., Highway Trailer Ind. to response to [44-1] motion to Dismiss for failure to state a claim upon which relief can be granted (mdd, Deputy Clerk) (Entered: 07/16/1991)
1991-07-15	58	0	Reply to Response to Motion	REPLY by USA to response to [50-1] motion to Strike [1-1] jury demand (mdd, Deputy Clerk) (Entered: 07/16/1991)
1991-07-16	59	0	Order	ORDER (letter) denying [44-1] motion to Dismiss for failure to state a claim upon which relief can be granted as therein more particularily setforth (c/m 7/16/91 cham) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 07/23/1991)
1991-07-19	60	0	Order	ORDER (letter) granting [50-1] motion to Strike [1-1] jury demand as therein more particularily setforth (c/m 7/19/91 cham) signed by Judge J. F. Motz ) (mdd, Deputy Clerk) (Entered: 07/23/1991)
1991-07-24	61	0	Order	ORDER granting [61-1] motion to Amend by interlineation [1-1] complaint by changing the name of Defendant, Harley Davidson Inc. to Dory Enterprises d/b/a Harley Davidson of Washington, Inc. a/k/a Ft. Washington Harley Davidson (Kenneth Berman sending withdrawal 7/26/91) (c/m 7/25/91 kjb) ( signed by Judge J. F. Motz ) (mdd, Deputy Clerk) Modified on 07/26/1991 (Entered: 07/25/1991)
1991-08-05	62	0	Order	ORDER granting [62-1] motion to Strike [61-1] motion to Amend by interlineation [1-1] complaint by changing the name of Defendant, Harley Davidson Inc. to Dory Enterprises d/b/a Harley Davidson of Washington, Inc. a/k/a Ft. Washington Harley Davidson ( signed by Judge J. F. Motz 8/5/91 ) (c/m 8/5/91-mec) (mdd, Deputy Clerk) (Entered: 08/21/1991)
1991-11-28	63	0	Scheduling Order	Supplemental SCHEDULING ORDER ( signed by Judge J. F. Motz 11/27/91) (c/m 11/27/91-gl) (mdd, Deputy Clerk) (Entered: 12/04/1991)
1991-12-16	64	0	Motion to Continue	JOINT MOTION by Avatar Holdings Inc., Highway Trailer Ind., General Acceptance for continuance with consent. (c/s) (mdd, Deputy Clerk) (Entered: 01/04/1992)
1991-12-23	65	0	Remark	Praecipe of Plaintiff Re: does not object to defendant's joint motion for continuance (c/s) (mdd, Deputy Clerk) (Entered: 01/04/1992)
1992-01-14	66	0	Scheduling Order	SUPPLEMENTAL SCHEDULING ORDER dated January 13, 1992 setting Jury trial set for 7/20/92 (and non-jury as to claim against the United States) ; Pretrial conference for 6/18/92 at 4:30 p.m. ; Pretrial order to be submitted on or before 6/12/92 ; Deadline for filing of all motions in limine by 6/12/92 ; Proposed voir dire questions, proposed instructions and proposed special verdict forms are due on or before 6/12/92 . ( signed by Judge J. F. Motz ) (c/m 1/14/92 gs) (cmh, Deputy Clerk) (Entered: 01/24/1992)
1992-05-21	67	0	Scheduling Order	SCHEDULING ORDER ( signed by Judge J. F. Motz ) (c/m by chambers) (mdd, Deputy Clerk) (Entered: 05/25/1992)
1992-09-30	68	0	Scheduling Order	AMENDED SCHEDULING ORDER ( signed by Judge J. F. Motz ) (c/m 9/30/92-gs) (cag, Deputy Clerk) (Entered: 09/30/1992)
1993-02-11	69	0	Scheduling Order	SCHEDULING ORDER ( signed by Judge J. F. Motz ) (c/m 2/11/93-gs) (cag, Deputy Clerk) (Entered: 02/11/1993)
1993-02-18	70	0	Order	ORDER/LETTER "SCHEDULING" a Settlement Conference for September 17, 1993 at 10:00 a.m. ( signed by Magistrate Judge Clarence E. Goetz ) (cag, Deputy Clerk) (Entered: 02/18/1993)
1993-02-25	71	0	Order	ORDER "RESCHEDULING" Settlement Conference for 10/1/93 at 10:00 a.m. ( signed by clerk ) (cag, Deputy Clerk) (Entered: 02/25/1993)
1993-03-05	72	0	Scheduling Order	MODIFIED SCHEDULING ORDER ( signed by Judge J. F. Motz ) (c/m 3/5/93-gs) (cag, Deputy Clerk) (Entered: 03/05/1993)
1993-07-06	73	0	Notice of Appearance	NOTICE of attorney appearance for USA by Jeanette A. Plante. (cag, Deputy Clerk) (Entered: 07/07/1993)
1993-09-27	74	0	Memorandum	MEMORANDUM "SETTING" a new date for Settlement Conference. ( signed by Magistrate Judge Catherine C. Blake 9/27/93 ) (cag, Deputy Clerk) (Entered: 09/28/1993)
1993-10-13	75	0	Memorandum	MEMORANDUM "SETTING" a date for Settlement Conference. ( signed by Magistrate Judge Catherine C. Blake 10/13/93 ) (cag, Deputy Clerk) (Entered: 10/13/1993)
1993-11-08	76	0	Memorandum	MEMORANDUM "CONFIRMING" the Settlement Conference is this Case will be continued. ( signed by Magistrate Judge Catherine C. Blake 11/5/93 ) (cag, Deputy Clerk) (Entered: 11/08/1993)
1993-11-12	77	0	Memorandum	MEMORANDUM "SETTING" date for Settlement Conference. ( signed by Magistrate Judge Catherine C. Blake 11/12/93 ) (cag, Deputy Clerk) (Entered: 11/16/1993)
1993-11-24	78	0	Order	ORDER "DISMISSING" Civil Action with each Party to bear its own Costs unless otherwise Agreed, without Prejudice to the right of a Party to Move for good cause within 120 days to Reopen this Action if Settlement is not Consummated. ( signed by Judge J. F. Motz 11/23/93 ) (c/m 11/24/93-gs) (MICROFILMED 11/24/93) (cag, Deputy Clerk) (Entered: 11/24/1993)