Case details

Court: med
Docket #: 1:08-cv-00383
Case Name: EMK INC v. FEDERAL PACIFIC ELECTRIC CO
PACER case #: 37022
Date filed: 2008-11-07
Date terminated: 2010-02-26
Assigned to: JUDGE JOHN A. WOODCOCK, JR
Referred to: MAGISTRATE JUDGE MARGARET J. KRAVCHUK
Case Cause: 28:1332 Diversity-Personal Injury
Nature of Suit: 365 Personal Inj. Prod. Liability
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
EMK INC
Plaintiff
doing business asEATON MOUNTAIN SKI AREA
JEFFREY T. EDWARDS
PRETI, FLAHERTY, BELIVEAU, & PACHIOS, LLP ONE CITY CENTER P.O. BOX 9546 PORTLAND, ME 04112-9546 791-3000 Email: jedwards@preti.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

FEDERAL PACIFIC ELECTRIC CO
Defendant
CHRISTIAN H. HINRICHSEN
LYNCH & LYNCH 45 BRISTOL DRIVE SOUTH EASTON, MA 02375 (508) 230-2500 Email: chinrichsen@lynchlynch.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

FRANCIS J. LYNCH , III
LYNCH & LYNCH 45 BRISTOL DRIVE SOUTH EASTON, MA 02375 (508) 230-2500 Email: jlynch@lynchlynch.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

HILLARY J. BOUCHARD
THOMPSON & BOWIE, LLP THREE CANAL PLAZA P.O. BOX 4630 PORTLAND, ME 04112 207-774-2500 Email: hbouchard@thompsonbowie.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JAMES M. BOWIE
THOMPSON & BOWIE, LLP THREE CANAL PLAZA P.O. BOX 4630 PORTLAND, ME 04112 774-2500 Email: jbowie@thompsonbowie.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOHN A. EKLUND
LYNCH & LYNCH 45 BRISTOL DRIVE SOUTH EASTON, MA 02375 (508) 230-2500 Email: jeklund@lynchlynch.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-11-07 1 0 NOTICE OF REMOVAL with State Court Pleadings Docket Report, Summons, Complaint, Answer, Scheduling Order, Notification of Discovery Served, and Request for Production of Documents from Somerset County Superior Court, case number CV-08-44.IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY.IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF PAYMENT WITHIN 48 HOURS OF THIS FILING., filed by FEDERAL PACIFIC ELECTRIC CO. (Service of Process Deadline 3/9/2009)(jlg) (Entered: 11/07/2008)
2008-11-07 2 0 CIVIL COVER SHEET. (jlg) (Entered: 11/07/2008)
2008-11-07 3 0 AFFIDAVIT of Hillary J. Bouchard re: state court documents. (Attachments: # 1 Docket Record, # 2 Summons, # 3 Complaint, # 4 Answer, # 5 Standard Scheduling Order, # 6 Notification of Discovery Service, # 7 Request for Production of Documents)(jlg) (Entered: 11/07/2008)
2008-11-07 4 0 CORPORATE DISCLOSURE STATEMENT by FEDERAL PACIFIC ELECTRIC CO. (jlg) (Entered: 11/07/2008)
2008-11-07 5 0 CORPORATE DISCLOSURE STATEMENT by EMK INC. (EDWARDS, JEFFREY) (Entered: 11/07/2008)
2008-11-10 6 0 SCHEDULING ORDER: Discovery due by 4/10/2009. Motions due by 5/1/2009. Ready for Trial on 8/4/2009. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (CWP) (Entered: 11/10/2008)
2008-11-13 7 0 NOTICE of Appearance Pro Hac Vice of Francis J. Lynch, III, John A. Eklund, and Christian H. Hinrichsen filed by HILLARY J. BOUCHARD on behalf of FEDERAL PACIFIC ELECTRIC CO (Attachments: # 1 Exhibit A- Affidavit of Atty. Lynch, # 2 Exhibit B- Affidavit of Atty. Eklund, # 3 Exhibit C- Affidavit of Atty. Hinrichsen)(BOUCHARD, HILLARY) Modified on 11/14/2008 to remove duplicative attachment descriptions (jgw). (Entered: 11/13/2008)
2008-11-19 8 0 Joint MOTION to Amend Scheduling Order by EMK INC Responses due by 12/10/2008. (EDWARDS, JEFFREY) (Entered: 11/19/2008)
2008-11-19 9 0 ORDER granting without objection 8 Motion to Amend Scheduling Order. New deadliens are established as requested. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 11/19/2008)
2009-01-21 10 0 Unopposed MOTION to Extend Time by EMK INC Responses due by 2/11/2009. (EDWARDS, JEFFREY) (Entered: 01/21/2009)
2009-01-22 11 0 ORDER granting without objection 10 Motion to Extend Time for expert designations to both sides. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 01/22/2009)
2009-03-26 12 0 Unopposed MOTION to Extend Time by FEDERAL PACIFIC ELECTRIC CO Responses due by 4/16/2009. (BOUCHARD, HILLARY) (Entered: 03/26/2009)
2009-03-26 13 0 ORDER granting 12 Motion to Extend Time to April 30, 2009. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 03/26/2009)
2009-06-10 14 0 Consent MOTION to Extend Time Discovery and Dispositive Motions by EMK INC Responses due by 7/1/2009. (EDWARDS, JEFFREY) (Entered: 06/10/2009)
2009-06-11 15 0 ORDER granting without objection 14 Motion to Extend Time until August 10, 2009 for discovery deadline and September 1, 2009 for motions deadline and placement on the appropriate trial list thereafter. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 06/11/2009)
2009-10-07 16 0 TRIAL LIST:. On Trial List for 12/1/2009. Final Pretrial Conference set for 10/29/2009 11:00 AM in Magistrate Judge Kravchuk's Chambers before MAGISTRATE JUDGE MARGARET J. KRAVCHUK. Final Pretrial Memo due by 12:00 noon on 10/22/2009.(err) (Entered: 10/07/2009)
2009-10-20 17 0 AMENDED TRIAL LIST:. On Trial List for 12/1/2009. Final Pretrial Conference set for 10/29/2009 11:00 AM in Magistrate Judge Kravchuk's Chambers before MAGISTRATE JUDGE MARGARET J. KRAVCHUK. Final Pretrial Memo due by 12:00 noon on 10/22/2009.(err) (Entered: 10/20/2009)
2009-10-22 18 0 FINAL PRETRIAL MEMORANDUM by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) (Entered: 10/22/2009)
2009-10-22 19 0 FINAL PRETRIAL MEMORANDUM by EMK INC. (EDWARDS, JEFFREY) (Entered: 10/22/2009)
2009-10-29 20 0 Minute Entry for proceedings held before MAGISTRATE JUDGE MARGARET J. KRAVCHUK: Final Pretrial Conference held. Report to follow. (CWP) (Entered: 10/29/2009)
2009-10-30 21 0 REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER Estimated length of trial 4 - 5 days. Jury Selection set for 12/1/2009 09:00 AM in Main Courtroom, Bangor before MAGISTRATE JUDGE MARGARET J. KRAVCHUK. Trial Brief due by 11/24/2009. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (CWP) (Entered: 10/30/2009)
2009-11-16 22 0 First MOTION in Limine by FEDERAL PACIFIC ELECTRIC CO Responses due by 12/7/2009. (Attachments: # 1 Exhibit A- Fire Marshall's Report (To view redacted copy of Exhibit A, see pdf 25 , # 2 Exhibit B-Fire Department's Report)(BOUCHARD, HILLARY) Modified on 11/19/2009 to link redacted copy of Exhibit A to this docket entry (err). (Entered: 11/16/2009)
2009-11-16 23 0 Second MOTION in Limine by FEDERAL PACIFIC ELECTRIC CO Responses due by 12/7/2009. (BOUCHARD, HILLARY) (Entered: 11/16/2009)
2009-11-17 24 0 (Document sealed from public view) MOTION to Seal Exhibit A to Defendant's First Motion in Limine by FEDERAL PACIFIC ELECTRIC CO Responses due by 12/8/2009. (BOUCHARD, HILLARY) (Entered: 11/17/2009)
2009-11-17 25 0 REDACTED Document re 22 First MOTION in Limine Exhibit A by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) Modified on 11/17/2009 to include "Exhibit A" (jlg). (Entered: 11/17/2009)
2009-11-18 26 0 NOTICE of Hearing: Telephone Conference set for 11/20/2009 02:30 PM before JUDGE JOHN A. WOODCOCK JR. Plaintiff to initiate the call to chambers and counsel.(jgw) (Entered: 11/18/2009)
2009-11-18 27 0 ORDER (Any attached document sealed from public view)granting 24 Motion to Seal By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 11/18/2009)
2009-11-20 28 0 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. Case continued to January Trial List. (Court Reporter Julie Edgecomb) (mlm) (Entered: 11/20/2009)
2009-11-20 29 0 ORAL MOTION (without objection) to Continue Trial by FEDERAL PACIFIC ELECTRIC CO (mlm) (Entered: 11/20/2009)
2009-11-20 30 0 ORAL ORDER granting 29 Motion to Continue Trial; continued to January 5 trial list; est. 6 days of trial; Pretrial filing deadlines are extended 30 days. By JUDGE JOHN A. WOODCOCK, JR. (mlm) (Entered: 11/20/2009)
2009-11-20 31 0 TRIAL LIST:. On Trial List for 1/5/2010. Final Pretrial conference previously held.(err) (Entered: 11/20/2009)
2009-12-09 32 0 AMENDED TRIAL LIST (changing date of list): On Trial List for 1/12/2010.(jgw) (Entered: 12/09/2009)
2009-12-15 33 0 Unopposed MOTION to Extend Time to File Reply Memoranda in Support of Motions in Limine by FEDERAL PACIFIC ELECTRIC CO Responses due by 1/5/2010. (BOUCHARD, HILLARY) (Entered: 12/15/2009)
2009-12-16 34 0 ORDER granting 33 Motion to Extend Time to File Reply Memoranda in Support of Motions in Limine to 1/4/2010. By JUDGE JOHN A. WOODCOCK, JR. (err) (Entered: 12/16/2009)
2009-12-21 35 0 Unopposed MOTION to Extend Time Pretrial Deadlines by EMK INC Responses due by 1/11/2010. (EDWARDS, JEFFREY) (Entered: 12/21/2009)
2009-12-21 36 0 RESPONSE to Motion re 23 Second MOTION in Limine filed by EMK INC. Reply due by 1/4/2010. (EDWARDS, JEFFREY) (Entered: 12/21/2009)
2009-12-21 37 0 RESPONSE to Motion re 22 First MOTION in Limine filed by EMK INC. Reply due by 1/4/2010. (EDWARDS, JEFFREY) (Entered: 12/21/2009)
2009-12-22 38 0 ORDER granting without objection 35 Motion to Extend Time until December 31, 2009 to file pretrial filings. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 12/22/2009)
2009-12-31 39 0 TRIAL BRIEF by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) (Entered: 12/31/2009)
2009-12-31 40 0 Witness List by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) (Entered: 12/31/2009)
2009-12-31 41 0 Proposed Voir Dire by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) (Entered: 12/31/2009)
2009-12-31 42 0 Proposed Jury Instructions by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) (Entered: 12/31/2009)
2009-12-31 43 0 Proposed Jury Verdict Form by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) (Entered: 12/31/2009)
2009-12-31 44 0 STATUS REPORT - Case Firm for Trial by EMK INC. (EDWARDS, JEFFREY) (Entered: 12/31/2009)
2009-12-31 45 0 Witness List by EMK INC. (EDWARDS, JEFFREY) (Entered: 12/31/2009)
2009-12-31 46 0 Proposed Voir Dire by EMK INC. (EDWARDS, JEFFREY) (Entered: 12/31/2009)
2009-12-31 47 0 TRIAL BRIEF by EMK INC. (EDWARDS, JEFFREY) (Entered: 12/31/2009)
2009-12-31 48 0 Proposed Jury Verdict Form by EMK INC. (EDWARDS, JEFFREY) (Entered: 12/31/2009)
2009-12-31 49 0 Proposed Jury Instructions by EMK INC. (EDWARDS, JEFFREY) (Entered: 12/31/2009)
2009-12-31 50 0 CONSOLIDATED Exhibit List by EMK INC. (EDWARDS, JEFFREY) Modified on 1/4/2010 to include "consolidated" (jgw). (Entered: 12/31/2009)
2010-01-04 51 0 REPLY to Response to Motion re 22 First MOTION in Limine filed by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) (Entered: 01/04/2010)
2010-01-04 52 0 REPLY to Response to Motion re 23 Second MOTION in Limine filed by FEDERAL PACIFIC ELECTRIC CO. (BOUCHARD, HILLARY) (Entered: 01/04/2010)
2010-01-07 53 0 ORDER granting 22 Motion in Limine to Exclude Hearsay Statements; granting in part 23 Motion in Limine to Exclude Evidence that Federal Pacific No Longer Actively Manufactures Products. By JUDGE JOHN A. WOODCOCK, JR. (MFS) (Entered: 01/07/2010)
2010-01-11 54 0 CONSOLIDATED Exhibit List (Supplemental) by EMK INC.. (EDWARDS, JEFFREY) Modified on 1/12/2010 to include "consolidated"(jgw). (Entered: 01/11/2010)
2010-01-12 55 0 Minute Entry for proceedings held before MAGISTRATE JUDGE MARGARET J. KRAVCHUK: Jury Selection held. (Court Reporter: Julie Edgecomb) (jlg) (Entered: 01/12/2010)
2010-01-13 56 0 NOTICE of Hearing: Jury Trial set for 1/19/2010 08:30 AM in Main Courtroom, Bangor before JUDGE JOHN A. WOODCOCK JR.. (jgw) (Entered: 01/13/2010)
2010-01-14 57 0 CONSOLIDATED Exhibit List (Second Supplemental) by EMK INC.. (EDWARDS, JEFFREY) Modified on 1/14/2010 to include consolidated (jgw). (Entered: 01/14/2010)
2010-01-19 58 0 Telephonic NOTICE of Settlement by EMK INC and PROCEDURAL ORDER RE: SETTLEMENT: Counsel having advised the Court on 1/19/10 that settlement has been effected by mutual agreement of the parties herein, it is hereby ORDERED that counsel shall complete the settlement of this matter within thirty (30) days of this date and cause to be filed a stipulation of dismissal of this matter with prejudice and without costs, failing which, the case will be dismissed pursuant to Local Rule 41.1(a). Stipulation of Dismissal due by 2/18/2010. By Walentine, DEPUTY CLERK. (jgw) (Entered: 01/19/2010)
2010-02-18 59 0 Consent MOTION to Extend Time for Filing of Stipulation of Dismissal by EMK INC Responses due by 3/11/2010. (EDWARDS, JEFFREY) (Entered: 02/18/2010)
2010-02-19 60 0 ORDER granting without objection 59 Motion to Extend Time to February 25, 2010. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 02/19/2010)
2010-02-25 61 0 STIPULATION of Dismissal by EMK INC. (EDWARDS, JEFFREY) (Entered: 02/25/2010)