Case Details

CourtCentral District of California
Docket number2:10-cv-03345
Date case filed2010-05-04
Date case closed2013-09-20
Date of latest filing
Assigned toMagistrate Judge Jay C. Gandhi
Case cause28:1441 Notice of Removal - Product Liability
Nature of suit360 P.I.: Other
Jury demandDefendant
Demand
JurisdictionDiversity

Case Parties

Party: Kris Elliot Higley
Party type: Plaintiff
Attorney name: Charles Martin Finkel
Attorney Contact:
Magana Cathcart and McCarthy
1801 Avenue of the Stars Suite 600
Los Angeles, CA 90067-5801
310-553-6630
Fax: 310-407-2295
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Daniel W Johnson
Attorney Contact:
Berglund and Johnson
21550 Oxnard Street Suite 900
Woodland Hills, CA 91367
818-992-1500
Fax: 818-992-1541
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: David W Berglund
Attorney Contact:
Berglund and Johnson
21550 Oxnard Street Suite 900
Woodland Hills, CA 91367
818-992-1500
Fax: 818-992-1541
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Molly Lauren Higley
Party type: Plaintiff
Attorney name: Charles Martin Finkel
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Daniel W Johnson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David W Berglund
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Cessna Aircraft Company
Party type: Defendant
TERMINATED: 09/22/2010
Attorney name: Lisa D Angelo
Attorney Contact:
Murchison & Cumming LLP
801 South Grand Avenue
9th Floor
Los Angeles, CA 90017
213-623-7400
Fax: 213-623-6336
Email: [email protected]
TERMINATED: 09/22/2010

Attorney name: Paul R Flaherty
Attorney Contact:
Murchison & Cumming LLP
Chase Plaza
801 S Grand Ave 9th Fl
Los Angeles, CA 90017-4613
213-623-7400
Fax: 213-623-6336
Email: [email protected]
TERMINATED: 09/22/2010

Attorney name: William T DelHagen
Attorney Contact:
Murchison & Cumming
Chase Plaza
801 S Grand Ave, 9th Fl
Los Angeles, CA 90017-4624
213-623-7400
Email: [email protected]
TERMINATED: 09/22/2010
Party: Continental Motors, Inc.
Party type: Defendant
formerly known asTeledyne Continental Motors, Inc.
also known asTeledyne Continental Motors Inc
Attorney name: Stephen R Ginger
Attorney Contact:
Teledyne Continental Motors Inc
P O Box 90
Alabama, CA 36601-0090
251-436-8397
Fax: 251-438-9006
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Will S Skinner
Attorney Contact:
DeForest Koscelnik Yokits Skinner and Berardinelli
21600 Oxnard Street Suite 1760
Woodland Hills, CA 91367
818-710-7700
Fax: 818-710-7701
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Teledyne Technologies Inc
Party type: Defendant
TERMINATED: 06/27/2011
Attorney name: Stephen R Ginger
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Will S Skinner
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Does
Party type: Defendant
1 through 200 inclusive

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12010-05-04 NOTICE OF REMOVAL from the Superior Court of CA, Los Angeles County, case number LC089520 with CONFORMED copy of Complaint. Case assigned to Judge George H. King, discovery to Magistrate Judge Fernando M Olguin; (Filing fee $ 350 PAID ); filed by defendant Cessna Aircraft Company.(esa) (Additional attachment(s) added on 5/7/2010: # 1 Ntc of Assgmt) (mg). (Additional attachment(s) added on 9/24/2012: # 2 Summons Issued Pursuant to Court Order Dated 9/18/12, Document 183 ) (bm). (Entered: 05/05/2010)
22010-05-04 CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED PARTIES filed by defendant Cessna Aircraft Company, identifying Corporate Parent Textron Inc for Cessna Aircraft Company. (esa) (mg). (Entered: 05/05/2010)
32010-05-04 NOTICE OF JOINDER IN NOTICE OF REMOVAL OF ACTION filed by Defendants Teledyne Continental Motors Inc, Teledyne Technologies Inc (esa) (mg). (Entered: 05/05/2010)
42010-05-04 CERTIFICATE OF SERVICE filed by defendant Cessna Aircraft Company, served on 5/4/10. (esa) (mg). (Entered: 05/05/2010)
52010-05-07 ORDER REGARDING CASE MANAGEMENT (See document for further details) by Judge George H. King. (ir) (Entered: 05/10/2010)
62010-05-20 ANSWER to Plaintiffs' Complaint filed by defendant Cessna Aircraft Company.(Angelo, Lisa) (Entered: 05/20/2010)
72010-06-02 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court Kris Elliot Higley, Molly Lauren Higley. Motion set for hearing on 7/12/2010 at 09:30 AM before Judge George H. King. (Johnson, Daniel) (Entered: 06/02/2010)
82010-06-04 ANSWER TO COMPLAINT filed by Defendant Teledyne Continental Motors Inc.(Skinner, Will) (Entered: 06/04/2010)
92010-06-04 ANSWER TO COMPLAINT filed by Defendant Teledyne Technologies Inc.(Skinner, Will) (Entered: 06/04/2010)
102010-06-04 CERTIFICATE of Interested Parties filed by Defendant Teledyne Continental Motors Inc, identifying Corporate Parent - Teledyne Technologies Incorporated. (Skinner, Will) (Entered: 06/04/2010)
112010-06-08 ORDER SETTING SCHEDULING CONFERENCE by Judge George H. King: THIS MATTER IS SET FOR SCHEDULING CONFERENCE ON: MONDAY, AUGUST 16, 2010 AT 1:30 P.M., at the Roybal Federal Building and Courthouse, 255 E. Temple Street, Suite 650, Los Angeles, California. Counsel primarily responsible for the conduct of this litigation and who has the authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed, or the party if unrepresented, SHALL ATTEND IN PERSON. By no later than JULY 16, 2010, counsel for all appearing parties and all unrepresented appearing parties, if any, shall meet, in person, and discuss the matters set forth in Federal Rule of Civil Procedure 26(f) as well as those items identified in Part III, below. By no later than AUGUST 2, 2010, counsel for all appearing parties and all unrepresented appearing parties, if any, shall file a joint "REPORT OF PARTIES' PLANNING MEETING" which shall (1) be so labeled, (2) state the date of the Scheduling Conference set above by this Order, and (3) address not only those subjects in Rule 26(f), but also the following: (see document for further details). (bm) (Entered: 06/09/2010)
122010-06-21 OPPOSITION TO re: MOTION to Remand Case to Los Angeles Superior Court 7 filed by Defendant Teledyne Continental Motors Inc. (Attachments: # 1 Declaration of Melanie S. Cibik, Esq., # 2 Declaration of Loren Lemen)(Skinner, Will) (Entered: 06/21/2010)
132010-06-21 OPPOSITION OPPOSITION TO re: MOTION to Remand Case to Los Angeles Superior Court 7 filed by Defendant Cessna Aircraft Company. (Angelo, Lisa) (Entered: 06/21/2010)
142010-06-24 REPLY in support MOTION to Remand Case to Los Angeles Superior Court 7 and Declaration of Daniel W. Johnson filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 06/24/2010)
152010-07-07 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission 7 Motion to Remand Case to State Court: On the court's own motion, Plaintiffs' Motion to remand (Doc. # 7), noticed for hearing on Monday, July 12, 2010 at 9:30 a.m., is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm) (Entered: 07/07/2010)
162010-07-21 MINUTES (IN CHAMBERS): Order re Plaintiffs' Motion to Remand 7 is hereby DENIED IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 07/21/2010)
172010-07-21 JOINT REPORT of OF PARTIES PLANNING MEETING PURSUANT TO RULE 26(f) OF THE FEDERAL RULES OF CIVIL PROCEDURE AND THE COURT'S SCHEDULING ORDER filed by Defendant Teledyne Continental Motors Inc. (Skinner, Will) (Entered: 07/21/2010)
182010-07-23 Initial DISCLOSURE of FRCP Rule 26(a)(1) information filed by Defendant Cessna Aircraft Company (Angelo, Lisa) (Entered: 07/23/2010)
192010-07-26 INITIAL DISCLOSURE filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley (Berglund, David) (Entered: 07/26/2010)
202010-08-06 MINUTES OF IN CHAMBERS ORDER VACATING SCHEDULING CONFERENCE AND SETTING SCHEDULING DATES held before Judge George H. King: This matter is set for Scheduling Conference on Monday, August 16, 2010 at 1:30 p.m. We have reviewed the Joint Report of Parties' Planning Meeting ("Joint Report"), and determine that an in-person scheduling conference is unnecessary. Accordingly, the scheduling conference is hereby VACATED and TAKEN OFF CALENDAR. We now enter the following scheduling order: 1. Any stipulation or motion to amend as to any claims, defenses and/or parties shall be lodged/filed by no later than September 7, 2010, failing which it shall be deemed that party's waiver of any such amendments in this action. 2. All fact discovery shall be COMPLETED by no later than July 29, 2011. Completion means that any discovery that is not received in hand by the requesting party by the completion date will be denied. 3. The parties shall designate their expert witnesses, and make the required disclosures, by no later than August 15, 2011, and do likewise for any rebuttal expert witnesses by no later than September 15, 2011. 4. All expert discovery shall be COMPLETED by no later than November 30, 2011. 5. The parties shall comply with Local Rule 16-15 by no later than July 29, 2011. The parties elect to go to private mediation. We approve this election. If the case is resolved, counsel shall notify the court clerk forthwith. If the case does not resolve, counsel shall file a joint status report with the court within 48 hours of termination of mediation. Moreover, if mediation is not successful prior to July 29, 2011, the parties shall conduct a follow-up mediation by no later than December 16, 2011, and make like reports to the court thereafter. 6. Any motion for summary judgment shall be filed in compliance with the Local Rules, as well as our Order Re: Summary Judgment Motions issued concurrently herewith, by no later than January 31, 2012, and noticed thereafter for hearing regularly under the Local Rules. Any untimely or non-conforming motion will be denied. 7. We will set pre-trial conference and trial dates, if necessary, after resolution of the summary judgment motion. 8. Because we realize the international aspects of this case, we have adopted the parties' request for the completion of discovery. In our view, this scheduling order provides more than sufficient time to conduct discovery even in light of the complications noted in the Joint Report, and we expect the parties to work diligently to comply with this order. This means that matters should be planned and scheduled as soon as possible. Failure to act expeditiously may result in inadequate time to complete discovery should complications arise. We will not extend these scheduling dates without a showing of good cause accompanied by a detailed and specific showing of diligence, early planning and scheduling, and clear reasons why discovery or other matters cannot be completed within this schedule despite all reasonable and diligent efforts. (bm) (Entered: 08/06/2010)
212010-08-06 ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge George H. King: A deadline for dispositive motions has been set in the above-captioned case. Any motion(s) for summary judgment SHALL comply with all Federal and Local Rules, as well as this Order. Please be advised that this Order contains requirements more specific than the Local and Federal Rules. (see document for further details) (bm) (Entered: 08/06/2010)
222010-08-09 NOTICE of Change of Attorney Information for attorney Will S Skinner counsel for Defendants Teledyne Continental Motors Inc, Teledyne Technologies Inc. Adding Stephen R. Ginger as attorney as counsel of record for Teledyne Continental Motors, Inc. and Teledyne Technologies Incorporated for the reason indicated in the G-06 Notice. Filed by Defendant Teledyne Continental Motors, Inc. (Skinner, Will) (Entered: 08/09/2010)
232010-08-27 Joint STIPULATION for Discovery as to Conducting Depositions in a Foreign Country filed by Defendant Teledyne Continental Motors Inc.(Skinner, Will) (Entered: 08/27/2010)
242010-09-15 NOTICE OF PARTIAL DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c) filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. As to Defendant CESSNA AIRCRAFT COMPANY only (Johnson, Daniel) (Entered: 09/15/2010)
252010-09-16 STIPULATION to Dismiss defendant Cessna Aircraft Company filed by plaintiff Molly Lauren Higley, Kris Elliot Higley. (Attachments: # 1 Proposed Order)(Johnson, Daniel) (Entered: 09/16/2010)
262010-09-16 NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDUDURE 41(A) OR (C) filed by plaintiff Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 09/16/2010)
272010-09-16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Dismissal 24 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 09/16/2010)
282010-09-20 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court: The Document is Accepted as Filed. RE: Notice of Dismissal 24 , Notice of Deficiency in Electronically Filed Documents (G-112) 27 (lw) (Entered: 09/20/2010)
292010-09-22 ORDER by Judge George H. King, hereby accepts and order the terms that Plaintiff and Defendants' counsel have requested in the attached stipulation 25 regarding dismissal of Defendant Cessna Aircraft Company. (ir) (Entered: 09/23/2010)
302011-01-05 NOTICE of Change of Attorney Information for attorney Will S Skinner counsel for Defendant Teledyne Continental Motors Inc. Changing Firm Name to DeForest Koscelnik Yokitis Skinner & Berardinelli. Filed by Defendant Teledyne Continental Motors, Inc. (Skinner, Will) (Entered: 01/05/2011)
312011-03-03 NOTICE of Change of Attorney Information for attorney Will S Skinner counsel for Defendant Teledyne Continental Motors Inc. Changing e-mail to [email protected] Filed by Defendant Teledyne Continental Motors, Inc. (Skinner, Will) (Entered: 03/03/2011)
322011-04-25 AMENDED CERTIFICATE of Interested Parties filed by Defendant Teledyne Continental Motors Inc, identifying Continental Motors, Inc., Technify Motor (USA) Inc., Teledyne Technologies Incorporated. (Skinner, Will) (Entered: 04/25/2011)
332011-05-16 STIPULATION for Protective Order filed by Defendant Teledyne Continental Motors Inc. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 05/16/2011)
342011-05-23 ORDER RE: STIPULATED PROTECTIVE ORDER by Magistrate Judge Fernando M. Olguin. ***Note Changes Made by the Court*** (Attachments: # 1 Joint Stipulation Regarding Protective Order) (mr) (Entered: 05/23/2011)
352011-05-25 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendant Teledyne Technologies Inc. Motion set for hearing on 7/11/2011 at 09:30 AM before Judge George H. King. (Skinner, Will) (Entered: 05/25/2011)
362011-06-20 REQUEST to Dismiss Defendant Teledyne Technologies Inc filed by Plaintiff Molly Lauren Higley, Kris Elliot Higley. (Johnson, Daniel) **STRICKEN PURSUANT TO Response by the Court filed 6/22/11**Modified on 6/23/2011 (ir). (Entered: 06/20/2011)
372011-06-21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Dismissal pursuant to FRCP 41(a) or (c) 36 . The following errors were found: Incorrect event selected. The correct event is: Voluntary dismissal of parties pursuant to FRCP 41a(1) under Civil Events - Notices. ** Docket entry states document was filed as a "Request to Dismiss Defendant...". In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) (Entered: 06/21/2011)
382011-06-22 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: Notice of Dismissal 36 is is stricken. Dismissal shall be in form of a Stipulation and Order. (ir) (Entered: 06/23/2011)
392011-06-23 STIPULATION to Dismiss Defendant Teledyne Technologies Inc filed by Defendant Teledyne Technologies Inc. (Attachments: # 1 Proposed Order of dismissal of Teledyne Technologies Incorporated Pursuant to Fed. R. Civ. P. 41(a))(Skinner, Will) (Entered: 06/23/2011)
402011-06-23 Joint STIPULATION for Discovery as to Federal Rule of Civil Procedure 26 as Amended on December 1, 2010 filed by Defendant Teledyne Continental Motors Inc.(Skinner, Will) (Entered: 06/23/2011)
412011-06-23 Joint STIPULATION to TO CORRECT NAME OF DEFENDANT TELEDYNE CONTINENTAL MOTORS, INC. TO REFLECT THE NEW NAME CONTINENTAL MOTORS, INC. filed by Defendant Teledyne Continental Motors Inc.(Skinner, Will) ***STRICKEN PURSUANT TO RESPONSE BY THE COURT FILED 6/24/11**Modified on 6/24/2011 (ir). (Entered: 06/23/2011)
422011-06-24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation regarding Substitution of defendant 41 . The following error was found: Proposed Order was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) (Entered: 06/24/2011)
432011-06-24 Joint STIPULATION to TO CORRECT NAME OF DEFENDANT TELEDYNE CONTINENTAL MOTORS, INC. TO REFLECT THE NEW NAME CONTINENTAL MOTORS, INC. filed by Defendant Teledyne Continental Motors Inc. (Attachments: # 1 Proposed Order granting joint stipulation regarding substitution of Continental Motors, Inc. as a Defendant instead of an in place of Teledyne Continental Motors, Inc.)(Skinner, Will) (Entered: 06/24/2011)
442011-06-24 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically field documents: Document was stricken from the record. Court notes that document has been re-filed # 43 RE: Joint Stipulation to Substitute Party Name 41 . (ir) (Entered: 06/24/2011)
452011-06-27 ORDER OF DISMISSAL Of Teledyne Technologies Incorporated Pursuant to F.R.C.P. 41(a) by Judge George H. King, re Stipulation 39 : IT IS SO ORDERED that this matter is hereby dismissed with prejudice as to TDY only with each party to bear their own attorneys fees, costs and expenses. (bm) (Entered: 06/27/2011)
462011-06-27 ORDER GRANTING JOINT STIPULATION REGARDING Substitution Of Continental Motors, Inc. As A Defendant Instead Of And In Place Of Teledyne Continental Motors, Inc. by Judge George H. King, re Stipulation to Amend/Correct 43 : IT IS SO ORDERED that Continental Motors, Inc. shall be substituted in as a defendant for all purposes in this lawsuit due to the name change in place of and instead of Teledyne Continental Motors, Inc. (bm) (Entered: 06/28/2011)
472011-06-29 MINUTES: In Chambers) Motion to Dismiss 35 : On May 25, 2011, Defendant Teledyne Technologies Inc. filed a Motion for Judgment on the Pleadings. On June 23, 2011, the Parties filed a Stipulation to Dismiss Defendant TeledyneTechnologies Inc. Accordingly, Teledyne Technologies Inc.s Motion for Judgment on the Pleadings, on calendar for July 11, 2011, is hereby DENIED as moot. The hearing date is hereby VACATED and taken off calendar IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 06/29/2011)
482011-07-22 EX PARTE APPLICATION to Continue the Scheduling Order Dates; Memorandum of Points and Authorities; Declaration of Daniel W. Johnson and David W. Berglund and Lori Anderson; Proposed Order filed by Plaintiff Kris Elliot Higley, Molly Lauren Higley.(Johnson, Daniel) **STRICKEN PURSUANT TO RESPONSE BY THE COURT FILED 7/26/11**Modified on 7/27/2011 (ir). (Entered: 07/22/2011)
492011-07-22 NOTICE OF ERRATA filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. correcting EX PARTE APPLICATION to Continue the Scheduling Order Dates; Memorandum of Points and Authorities; Declaration of Daniel W. Johnson and David W. Berglund and Lori Anderson; Proposed Order 48 (Johnson, Daniel) (Entered: 07/22/2011)
502011-07-22 EX PARTE APPLICATION to Continue the Scheduling Order Dates; Memorandum of Points and Authorities; Declaration of Daniel W. Johnson and David W. Berglund and Lori Anderson filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Proposed Order)(Johnson, Daniel) (Entered: 07/22/2011)
512011-07-25 OPPOSITION in opposition to re: EX PARTE APPLICATION to Continue the Scheduling Order Dates; Memorandum of Points and Authorities; Declaration of Daniel W. Johnson and David W. Berglund and Lori Anderson 50 filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Declaration of Will S. Skinner In Support of Opposition of Continental Motors, Inc. To Plaintiffs' Ex Parte Application for an Order Continuing the Scheduling Order Dates)(Skinner, Will) (Entered: 07/25/2011)
522011-07-25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Ex Parte Application 48 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Ex Parte Application. The court notes that this deficiency has been corrected by the filing of document 50 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 07/25/2011)
532011-07-26 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: Document # 48 is STRICKEN. Deficiency has been cured with document # 50 RE: EX PARTE APPLICATION to Continue 48 . (ir) (Entered: 07/27/2011)
542011-08-02 MINUTE: (In Chambers) Order re: Plaintiffs Ex Parte Application for an Order toContinue the Scheduling Order Dates 50 : Plaintiffs Ex Parte Application for an Order to Continue the Scheduling Order Dates is referred to Magistrate Judge Olguin for his consideration and decision. If Judge Olguin decides that relief is appropriate, he is authorized to grant such extension of the Scheduling Order as he deems appropriate IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 08/02/2011)
552011-08-02 STATUS REPORT (Joint) REGARDING MEDIATION filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 08/02/2011)
562011-08-08 ORDER by Magistrate Judge Fernando M. Olguin. Having reviewed plaintiffs Ex Parte Application for an Order to Continue the Scheduling Order Dates ("Application') and defendant Continental Motors, Inc., Opposition to plaintiff's Application, IT IS ORDERED THAT: Plaintiffs shall file a Reply memorandum no later than August 12, 2011. The Reply shall address only the points and authorities and arguments raised in plaintiffs' Application and/or defendant's Opposition. Unless otherwise ordered by the court, plaintiffs' Application will be deemed submitted at that time. (mr) (Entered: 08/08/2011)
572011-08-11 REPLY in support of Ex Parte Application EX PARTE APPLICATION to Continue the Scheduling Order Dates; Memorandum of Points and Authorities; Declaration of Daniel W. Johnson and David W. Berglund and Lori Anderson 50 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Declaration Declaration of David W. Berglund)(Berglund, David) (Entered: 08/11/2011)
582011-09-06 DECLARATION of Daniel W. Johnson in support of EX PARTE APPLICATION to Continue the Scheduling Order Dates; Memorandum of Points and Authorities; Declaration of Daniel W. Johnson and David W. Berglund and Lori Anderson 50 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 09/06/2011)
592011-09-06 ORDER Re: EX PARTE APPLICATION and SETTING EXPERT DISCOVERY DATES by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: Plaintiff's Ex Parte Application for an Order to Continue the Scheduling Order Dates (Document No. 50 ) is granted. The parties shall designate their expert witnesses, and make the required disclosures, by no later than November 15, 2011, and do likewise for any rebuttal expert witnesses by no later than December 15, 2011. All expert discovery shall be completed by no later than February 15, 2012. (mr) (Entered: 09/06/2011)
602011-11-23 NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Expert Jan Roughan filed by Defendant Continental Motors, Inc.. Motion set for hearing on 12/14/2011 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Skinner, Will) (Main Document 60 replaced on 11/23/2011) (es). (Entered: 11/23/2011)
612011-11-23 NOTICE of Def.'s FRCP 37 Motion to Strike Plaintiffs' Expert Jan Roughan filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 11/23/2011)
622011-11-29 Joint STIPULATION to Continue the Follow-up Mediation Completion Date from December 16, 2011 to March 5, 2012 or the soonest date thereafter filed by Plaintiff Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Proposed Order Upon Stipulation)(Johnson, Daniel) (Entered: 11/29/2011)
632011-11-30 MEMORANDUM in Opposition to MOTION to Strike Plaintiffs' Expert Jan Roughan 60 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 11/30/2011)
642011-11-30 SUPPLEMENT to MOTION to Strike Plaintiffs' Expert Jan Roughan 60 L.R. 37-2.3 Supplemental Memorandum filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 11/30/2011)
652011-11-30 DECLARATION of Will S. Skinner in Support of Joint Stip. and Motion to Strike Plaintiffs' Expert MOTION to Strike Plaintiffs' Expert Jan Roughan 60 filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 11/30/2011)
662011-12-01 Objection to Untimely Declaration of Will S. Skinner in Support of Defendant CMIs Motion to Strike Plaintiffs Expert Jan Roughan Pursuant to Fed. R. Civ. P. 37 and Objection to Supplemental Memorandum of Defendant CMI Pursuant to L.R. 37-2.3 opposition re: MOTION to Strike Plaintiffs' Expert Jan Roughan 60 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 12/01/2011)
672011-12-05 DECLARATION of David W. Berglund re Stipulation to Continue, 62 In Support of Stipulation filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 12/05/2011)
682011-12-05 NOTICE OF ERRATA filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. correcting Declaration (non-motion) 67 Striking "Amended" from Declaration (Johnson, Daniel) (Entered: 12/05/2011)
692011-12-02 ORDER UPON STIPULATION by Judge George H. King, re Stipulation to Continue, 62 : IT IS HEREBY STIPULATED AND ORDERED that the Joint Stipulation to Continue the follow-up Mediation completion date of December 16, 2011 be calendared to March 5, 2012. (bm) (Entered: 12/06/2011)
702011-12-09 NOTICE OF LODGING filed by Continental Motors, Inc. re MOTION to Strike Plaintiffs' Expert Jan Roughan 60 (Skinner, Will) (Entered: 12/09/2011)
712011-12-09 LODGING OF DEPOSITION TRANSCRIPTS IN SUPPORT OF MOTION TO STRIKE JAN ROUGHAN re MOTION to Strike Plaintiffs' Expert Jan Roughan 60 filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 12/09/2011)
722011-12-12 ORDER Re: MOTION TO STRIKE PLAINTIFFS' EXPERT by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: The hearing set for December 14, 2011, at 10:00 a.m., is hereby vacated. Defendant's Motion to Strike Plaintiffs' Expert Jan Roughan (Document No. 60 ) is denied. (mr) (Entered: 12/12/2011)
732011-12-14 NOTICE of Defendant CMI's Motion to Compel Production of Records Documenting Flight Hours of Plaintiffs' Pilot Experts, or Alternatively to Strike Pursuant to Fed. R. Civ. P. 37(c)(1) filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 12/14/2011)
742011-12-14 NOTICE OF MOTION AND MOTION to Compel Production of Records Documenting Flight Hours of Plaintiffs' Pilot Experts filed by Defendant Continental Motors, Inc.. Motion set for hearing on 1/18/2012 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Skinner, Will) (Entered: 12/14/2011)
752012-01-04 SUPPLEMENT to MOTION to Compel Production of Records Documenting Flight Hours of Plaintiffs' Pilot Experts 74 Local Rule 37-2.3 Supplemental Memorandum filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit B)(Skinner, Will) (Entered: 01/04/2012)
762012-01-04 ORDER by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: The hearing set for January 18, 2012, is hereby vacated. Defendant's Motion to Compel Production of Records Documenting Flight Hours of Plaintiffs' Pilot Experts, or Alternatively to Strike Pursuant to Fed. R. Civ. P. 37(c)(1) (Document No. 74 ) is denied without prejudice. (mr) (Entered: 01/04/2012)
772012-01-13 Joint STIPULATION to Continue Expert Discovery and Follow-Up Mediation Completion Date Deadlines from February 15, 2012 and March 5, 2012 to May 15, 2012 and June 15, 2012 Respectively filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Proposed Order Continuing Expert Discovery and Follow-Up Mediation Completion Date Deadlines)(Skinner, Will) (Entered: 01/13/2012)
782012-01-18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment #1: Proposed Order, 77 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): There should be at least 2 lines of text to allow for the judge's signature pursuant to Local Rule 58.10. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 01/18/2012)
792012-01-20 ORDER by Judge George H. King, upon Stipulation 77 . Expert Discovery Deadline of February 15, 2012 be calendared to May 15, 2012 and the Follow-Up Mediation Completion Date Deadline of March 5, 2012 be calendared to June 15, 2012. NO FURTHER EXTENSIONS. (ir) (Entered: 01/23/2012)
802012-01-25 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Attachment: Proposed Order 77 . (ir) (Entered: 01/25/2012)
812012-02-07 NOTICE filed by Defendant Continental Motors, Inc.. of Motion to Compel Production of Records Documenting Flight Hours of Plaintiffs' Pilot Experts or Alternatively to Strike Pursuant to Fed. R. Civ. P. 37(c)(1) (Skinner, Will) (Entered: 02/07/2012)
822012-02-07 NOTICE OF MOTION AND MOTION to Compel Production of Records Documenting Flight Hours of Plaintiffs' Pilot Experts filed by Defendant Continental Motors, Inc.. Motion set for hearing on 2/29/2012 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Skinner, Will) (Entered: 02/07/2012)
832012-02-15 SUPPLEMENT to MOTION to Compel Production of Records Documenting Flight Hours of Plaintiffs' Pilot Experts 82 filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Skinner, Will) (Entered: 02/15/2012)
842012-02-23 MINUTE (IN CHAMBERS) RE DISCOVERY MOTION by Magistrate Judge Fernando M. Olguin: On the court's own motion, IT IS ORDERED THAT the hearing scheduled for February 29, 2012, at 10:00 a.m., is hereby continued to March 7, 2012, at 10:00 a.m., in Courtroom F of the United States Courthouse, 312 North Spring Street, 9th Floor, Los Angeles, California. (es) (Entered: 02/23/2012)
852012-03-01 NOTICE of Association of Counsel associating attorney Charles M. Finkel on behalf of Plaintiffs Kris Elliot Higley, Molly Lauren Higley. Filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley (Finkel, Charles) (Entered: 03/01/2012)
862012-03-05 (IN CHAMBERS) ORDER VACATING HEARING ON MOTION TO COMPEL by Magistrate Judge Fernando M. Olguin:On the courts own motion, the hearing scheduled for March 7, 2012, at 10:00 a.m., is taken off calendar. The court will issue a decision addressing the subject motion(s) shortly. (es) (Entered: 03/05/2012)
872012-03-05 NOTICE of Change of Attorney Information for attorney Lisa D Angelo counsel for Defendant Cessna Aircraft Company. Lisa D. Angelo will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Lisa D. Angelo is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Cessna Aircraft Company (Angelo, Lisa) (Entered: 03/05/2012)
882012-03-12 ORDER Re: DISCOVERY MOTION and PROTECTIVE ORDER by Magistrate Judge Fernando M. Olguin: Based on the foregoing, IT IS ORDERED THAT: Defendant's Motion to Compel Production of Records Documenting Flight Hours of Plaintiffs' Pilot Experts, or Alternatively to Strike Pursuant to Fed. R. Civ. P. 37(c)(1) (Document No. 82) is granted. Plaintiffs shall provide responsive documents to Document Request Nos. 15 and 19 no later than March 26, 2012. *See attached order for details.* (es) (Entered: 03/12/2012)
892012-03-12 NOTICE OF MOTION AND MOTION to Bifurcate Trial filed by Defendant Continental Motors, Inc.. Motion set for hearing on 4/9/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration of Will S. Skinner, Part 1, # 2 Declaration of Will S. Skinner, Part 2, # 3 Declaration of Will S. Skinner, Part 3)(Skinner, Will) (Entered: 03/12/2012)
902012-03-19 OPPOSITION to DEFENDANT, CONTINENTAL MOTORS, INC.'S MOTION TO BIFURCATE DAMAGES AND LIABILITY PHASES OF TRIAL PURSUANT TO FRCP 42(b); MEMORANDUM OF POINTS AND AUTHORITIES re: MOTION to Bifurcate Trial 89 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Declaration of Daniel W. Johnson in Support of Opposition to Motion to Bifurcate)(Johnson, Daniel) (Entered: 03/19/2012)
912012-03-26 REPLY in Support of MOTION to Bifurcate Trial 89 filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 03/26/2012)
922012-03-27 NOTICE of Unavailability filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Berglund, David) (Entered: 03/27/2012)
932012-03-28 NOTICE of Manual Filing filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley of Plaintiffs' Ex Parte Application for an Order to Clarify that the March 12, 2012 Court Order Re: Discovery Motion and Protective Order is Not Intended for Publication or Use in any Other Case Except The Higley Case and to Seal the Record and Remove the Order from Pacer: Memorandum of Points & Authorities; Declaration of David W. Berglund; Declaration of Donald E. Sommer; Order on Plaintiffs' Ex Parte. (Berglund, David) (Entered: 03/28/2012)
942012-03-28 EX PARTE APPLICATION for Order for to Clarify that the March 12, 2012 Court Order re Discovery Motion and Protective Order is not intended for Publications or Use in any other case except the Higley Case and to seal the Record and Remove the Order from Pacer; Memorandum of Points and Authorities; Declaration of David W Berglund; Declaration of Donald E Sommer, P.E. regarding The Public Dissemination of Confidential Documents filed by Plaintiff Molly Lauren Higley. Lodged Proposed order.(ir) (Entered: 03/29/2012)
952012-03-28 DECLARATION of Donald E Sommer P.E. regarding the Public Dissemination of Confidential Documents filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (ir) (Entered: 03/29/2012)
962012-03-28 DECLARATION of David W Berglund in support of Plaintiffs' Ex Parte Application for an Order to Clarify that the March 12, 2012 Court Order re Discovery Motion and Protective Order is not intended for Publications or Use in any other case except the Higley Case 94 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (ir) (Entered: 03/29/2012)
972012-03-29 Opposition re: EX PARTE APPLICATION for Order for to Clarify that the March 12, 2012 Court Order re Discovery Motion and Protective Order is not intended for Publications or Use in any other case except the Higley Case and to seal the Record and Remove the Order from 94 filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Declaration of Will S. Skinner, Part 1, # 2 Declaration of Will S. Skinner, Part 2, # 3 Proposed Order Denying Plaintiffs' Ex Parte Application)(Skinner, Will) (Entered: 03/29/2012)
982012-04-02 ORDER by Magistrate Judge Fernando M. Olguin. IT IS ORDERED THAT plaintiff's "Ex Parte Application 94 for an Order to Clarify that the March 12, 2012, Court Order Re: Discovery Motion and Protective Order is not Intended for Publication or use in any Other Case Except the Higley Case and to Seal the Record and Remove the Order From Pacer" (Document No. 94) is DENIED. **See Order for details.** (ch) (Entered: 04/02/2012)
992012-04-04 MINUTES: (IN CHAMBERS): On the court's own motion, Defendant Teledyne Continental Motors Incs Motion to Bifurcate damages and Liability Phases of Trial (E-Filed 3/12/12) 89 , noticed for hearing on April 9, 2012, at 9:30 a. m., is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 04/04/2012)
1002012-04-05 MINUTES (IN CHAMBERS) ORDER re: Motion to Bifurcate Damages and Liability Phases of Trial Pursuant to FRCP 42(b) by Judge George H. King granting 89 Motion to Bifurcate: This matter is before us on Defendant Continental Motors, Inc.'s ("Defendant") Motion to Bifurcate Damages and Liability Phases of Trial Pursuant to FRCP 42(b). We have considered the papers filed in support of and in opposition to this Motion and deem this matter appropriate for resolution without oral argument. L.R. 7-15. Having considered the relevant factors, we hereby GRANT Defendant's Motion. Trial SHALL be bifurcated into two phases: (1) liability and (2) damages. However, although the phases of the trial shall be bifurcated, we do not bifurcate this action into two separate trials. Instead, bifurcation will occur within a single trial. As such, should the jury rule in favor of Plaintiffs on the issue of liability, we shall immediately proceed to trial on damages before the same jury. (see document for further details) (bm) (Entered: 04/06/2012)
1012012-05-25 NOTICE of Change of address by Will S Skinner attorney for Defendant Continental Motors, Inc.. Changing attorneys address to 21600 Oxnard Street, Suite 1760, Woodland Hills, CA 91367 MAIN PHONE (818) 710-7700: FAX (818) 710-7701. Filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 05/25/2012)
1022012-05-25 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Testimony Re Damages filed by Defendant Continental Motors, Inc.. Motion set for hearing on 6/25/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 05/25/2012)
1032012-05-25 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others filed by Defendant Continental Motors, Inc.. Motion set for hearing on 6/25/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 05/25/2012)
1042012-05-25 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony filed by Defendant Continental Motors, Inc.. Motion set for hearing on 6/25/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 05/25/2012)
1052012-05-25 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours filed by Defendant Continental Motors, Inc.. Motion set for hearing on 6/25/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 05/25/2012)
1062012-05-25 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions filed by Defendant Continental Motors, Inc.. Motion set for hearing on 6/25/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 05/25/2012)
1072012-05-25 DECLARATION of Will S. Skinner In Support Of MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony 104 , MOTION IN LIMINE (#1) to Preclude Testimony Re Damages MOTION IN LIMINE (#1) to Preclude Testimony Re Damages 102 , MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions 106 , MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others 103 , MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours 105 filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Part B)(Skinner, Will) (Entered: 05/25/2012)
1082012-05-25 STATUS REPORT (JOINT) REGARDING MEDIATION-PART TWO filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Berglund, David) (Entered: 05/25/2012)
1092012-06-04 NOTICE OF MOTION AND MOTION IN LIMINE 1 to Preclude Reference to Damages filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. Motion set for hearing on 6/25/2012 at 09:30 AM before Judge George H. King.(Finkel, Charles) (Entered: 06/04/2012)
1102012-06-04 NOTICE OF MOTION AND MOTION IN LIMINE 2 to Preclude Damage Witnesses filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. Motion set for hearing on 6/25/2012 at 09:30 AM before Judge George H. King.(Finkel, Charles) (Entered: 06/04/2012)
1112012-06-04 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude Sommer Testimony filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. Motion set for hearing on 6/25/2012 at 09:30 AM before Judge George H. King.(Finkel, Charles) (Entered: 06/04/2012)
1122012-06-04 MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Preclude Testimony Re Damages MOTION IN LIMINE (#1) to Preclude Testimony Re Damages 102 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1132012-06-04 MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others 103 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1142012-06-04 MEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony 104 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1152012-06-04 MEMORANDUM in Opposition to MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours 105 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1162012-06-04 MEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions 106 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1172012-06-04 DECLARATION of Charles M. Finkel In Opposition MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony 104 , MOTION IN LIMINE (#1) to Preclude Testimony Re Damages MOTION IN LIMINE (#1) to Preclude Testimony Re Damages 102 , MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions 106 , MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others 103 , MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours 105 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Exhibit No. 1 - Edwards Deposition)(Finkel, Charles) (Entered: 06/04/2012)
1182012-06-04 DECLARATION of Donald E Sommer In Opposition MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours 105 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1192012-06-04 NOTICE OF ERRATA filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. correcting MOTION IN LIMINE 2 to Preclude Damage Witnesses 110 , MOTION IN LIMINE 1 to Preclude Reference to Damages 109 , MOTION IN LIMINE to Preclude Sommer Testimony 111 (Finkel, Charles) (Entered: 06/04/2012)
1202012-06-04 Opposition Opposition re: MOTION IN LIMINE (#1) to Preclude Testimony Re Damages MOTION IN LIMINE (#1) to Preclude Testimony Re Damages 102 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1212012-06-04 Opposition Opposition re: MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others 103 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1222012-06-04 Opposition Opposition re: MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony 104 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1232012-06-04 Opposition Opposition re: MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours 105 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1242012-06-04 Opposition Opposition re: MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions 106 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1252012-06-04 DECLARATION of Charles M. Finkel Opposition MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony MOTION IN LIMINE (#3) to Preclude Testimony Exceeding The Scope of Deposition Testimony 104 , MOTION IN LIMINE (#1) to Preclude Testimony Re Damages MOTION IN LIMINE (#1) to Preclude Testimony Re Damages 102 , MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions MOTION IN LIMINE (#5) to Preclude Evidence of Any Testing Performed After Depositions 106 , MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others MOTION IN LIMINE (#2) to Preclude Testimony Of Plaintiffs And Others 103 , MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours 105 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Exhibit Testimony Jeff Edwards)(Finkel, Charles) (Entered: 06/04/2012)
1262012-06-04 DECLARATION of Donald E. Sommer Opposition MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours MOTION IN LIMINE (#4) to Preclude Testimony Regarding Flight Hours 105 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 06/04/2012)
1272012-06-05 MINUTES OF Telephone Conference held before Judge George H. King: The court conducts telephone status conference with counsel regarding the status of the case, furthersettlement conference and the issue of possible consent. Having heard from counsel, Court sets the followingschedule: 1. Pre-trial conference is set for Monday, August 20, 2012 at 4:30 p.m. 2. Jury Trial is set for Tuesday, August 28, 2012 at 8:30 a.m. Each side will have 6 hours for the Liability Phase and 3 hours for the Damages Phase. 3. Jury instructions and voir questions shall be filed seven (7) days prior to the trial date. Counsel are ordered to comply fully with the Local Rules in preparation for the pre-trial conference. Failure to strictly comply may result in the imposition of sanctions against the offending party/counsel..... Any motions in limine shall be preceded by a meet and confer in a good faith attempt to resolve any disputes through reasonable accommodations, failing which counsel shall file a fully integrated joint brief setting forth the issue to be decided, and followed immediately by the moving party's argument and authorities, and then followed immediately by the opposing party's argument and authorities....Defendants' Motions in Limine (docket # 102-106), noticedfor hearing on June 25, 2012, are TAKEN OFF CALENDAR and DENIED without prejudice be re-briefed inthe format specified herein....The court directs the parties to contact the court clerk to Judge Nagle forthwith, to set a settlement conference within the next thirty (30) days. Counsel shall contact Ms. Herrera by no later than noon on Friday, June 8, 2012 to inform the Court of the date and time set for settlement conference. Further, counsel shall contact the court clerk by the same date and time regarding whether the parties are willing to consent to a Magistrate Judge for trial. Courtesy copies of all filings shall be delivered to chambers.RE: denying 102 Motion in Limine to Preclude; denying 103 Motion in Limine to Preclude; denying 104 Motion in Limine to Preclude; denying 105 Motion in Limine to Preclude; denying 106 Motion in Limine to Preclude.. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS)Court Reporter: Not Reported. (lw) (Entered: 06/06/2012)
1282012-06-07 MINUTE ORDER IN CHAMBERS by Magistrate Judge Margaret A. Nagles scheduling a Settlement Conference in this matter for 7/11/2012 10:00 AM before Magistrate Judge Margaret A. Nagle. The confidential settlement conference statements are due on or before 7/5/2012. (ec) (Entered: 06/07/2012)
1292012-07-11 MINUTES OF Settlement Conference held before Magistrate Judge Margaret A. Nagle. There is no settlement at this time.Court Recorder: CS. (ec) (Entered: 07/12/2012)
1302012-07-16 NOTICE OF MOTION AND MOTION for Order for Motion for an Extension of Time Allotted for Trial; Memorandum of Points and Authorities filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. Motion set for hearing on 8/13/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration in Support of Plaintiffs' Motion and Motion for an Extension of Time Allotted for Trial)(Berglund, David) (Entered: 07/16/2012)
1312012-07-17 STIPULATION to Clarify trial issues filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Proposed Order Regarding Stipulation)(Skinner, Will) (Entered: 07/17/2012)
1322012-07-17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Order for Motion for an Extension of Time Allotted for Trial; Memorandum of Points and Authorities 130 . The following error(s) was found: Proposed Document was not submitted as a separate attachment - (NO PROPOSED ORDER). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw) (Entered: 07/17/2012)
1332012-07-18 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed. Counsel shall file a Notice of Lodging with a Proposed Order as an attachment by no later than 7/20/12 RE: MOTION for Order for Motion for an Extension of Time Allotted for Trial 130 (ir) (Entered: 07/18/2012)
1342012-07-19 NOTICE OF LODGING filed by Plaintiffs re MOTION for Order for Motion for an Extension of Time Allotted for Trial; Memorandum of Points and Authorities 130 (Attachments: # 1 Proposed Order For an Extension of Time Allotted for Trial)(Berglund, David) (Entered: 07/19/2012)
1352012-07-23 NOTICE OF MOTION AND Joint MOTION IN LIMINE to Preclude Various filed by Defendant Continental Motors, Inc.. Motion set for hearing on 8/20/2012 at 04:30 PM before Judge George H. King. (Attachments: # 1 Proposed Order Granting CMI's Motions in Limine Nos. 1-7)(Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1362012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, PART A, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1372012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, PART B, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1382012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, PART C, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1392012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, PART D, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1402012-07-23 DECLARATION of Charles M. Finkel In Support of Joint MOTION IN LIMINE to Preclude Various 135 Pl. Motion In Limine No. 1 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Exhibit Dec/Exh Part 2, # 2 Exhibit Dec/Exh Part 3, # 3 Exhibit Dec/Exh Part 4, # 4 Exhibit Dec/Exh Part 5)(Finkel, Charles) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1412012-07-23 DECLARATION of Charles M. Finkel in Opposition to Joint MOTION IN LIMINE to Preclude Various 135 Def. Motions 1-7 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Exhibit Dec/Exh Part 2, # 2 Exhibit Dec/Exh Part 3, # 3 Exhibit Dec/Exh Part 4, # 4 Exhibit Dec/Exh Part 5, # 5 Exhibit Dec/Exh Part 6)(Finkel, Charles) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1422012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, Part E, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1432012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, Part F, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1442012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, Part G, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1452012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, Part H, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1462012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, Part I, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1472012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, Part J, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1482012-07-23 DECLARATION of Will S. Skinner in Support of CMI's Motions in Limine Nos. 1-7, Part K, Regarding Joint MOTION IN LIMINE to Preclude Various 135 filed by Defendant Continental Motors, Inc.. (Skinner, Will) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/31/12, DOCUMENT 158 Modified on 7/31/2012 (bm). (Entered: 07/23/2012)
1492012-07-23 Opposition in opposition to re: MOTION for Order for Motion for an Extension of Time Allotted for Trial; Memorandum of Points and Authorities 130 filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Declaration in Support of CMI's Opposition to Plaintiffs' Motion to Extend Time Allotted for Trial)(Skinner, Will) (Entered: 07/23/2012)
1502012-07-26 Witness List filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley.. (Finkel, Charles) (Entered: 07/26/2012)
1512012-07-26 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 07/26/2012)
1522012-07-26 REPLY Support MOTION for Order for Motion for an Extension of Time Allotted for Trial; Memorandum of Points and Authorities 130 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Declaration of Charles M. Finkel in Support to Plaintiffs' Reply to Defendant, CMI's Opposition to Motion for Extension of Time Allotted for Trial)(Berglund, David) (Entered: 07/26/2012)
1532012-07-26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibits to Motion in Limine 137 , 138 , 139 , 140 , 141 , 142 , 143 , 144 , 145 , 146 , 147 , 148 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 07/26/2012)
1542012-07-30 ORDER by Judge George H. King in accordance with the Joint Stipulation 131 . At trial, the parties shall make no direct or indirect reference, through witnesses or exhibits, to "foreign ownership" or "China" or any relationship between the People's Republic of China and CMI. 2. Colin Sommer will not testify at trial regarding any piloting issues. 3. Plaintiffs' experts and CMI's experts will not present any testimony or evidence concerning or regarding any testing performed after the completion of that expert's deposition. 4. During the liability phase of the bifurcated trial, Plaintiffs will not present any witness to testify regarding damages, such relatives, friends, coworkers, and classmates of the Plaintiffs. (ir) (Entered: 07/30/2012)
1552012-07-30 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 07/30/2012)
1562012-07-30 Witness List filed by Defendant Continental Motors, Inc... (Skinner, Will) (Entered: 07/30/2012)
1572012-07-30 JOINT Exhibit List filed by Defendant Continental Motors, Inc... (Skinner, Will) (Entered: 07/30/2012)
1582012-07-31 MINUTES (IN CHAMBERS) ORDER re: Motions in Limine; 135 by Judge George H. King: The Parties are hereby ORDERED to immediately meet and confer in person to discuss each disputed issue and to accommodate as many issues as possible. We fully expect that the Parties can reach resolution on most if not all of these issues if they are given the attention that they deserve. Accordingly, the Parties Motions in Limine and the declarations and exhibits filed in support thereof are hereby STRICKEN. Any renewed motion shall be filed, by no later than August 10, 2012, as a fully integrated joint brief and shall be limited to no more than forty (40) pages, shared equally between the Parties. Any briefing shall be focused and narrowed to the issues that are actually in dispute. We will only consider any renewed motion if we are satisfied that the Parties have discharged in good faith their obligation to endeavor to reach reasonable accommodations on the disputed issues. Failure to timely and adequately comply with this order SHALL result in the denial of any renewed motion(s). In drafting any renewed motions in limine, we advise counsel for both sides to spend sufficient time in the preparation phase so that they can provide a focused, concise discussion of the relevant issues. Mark Twain has been credited for the quote, "I didn't have time to write a short letter, so Ive written a long one instead." We have little patience for excessive and unnecessary briefing and caution the Parties not to make this mistake. We are of the view that if they put the time into this case that it deserves, they will have no difficulty complying with our page limitations. (see document for further details) (bm) (Entered: 07/31/2012)
1592012-08-03 AMENDED JOINT Exhibit List filed by Defendant Continental Motors, Inc... (Skinner, Will) (Entered: 08/03/2012)
1602012-08-07 STIPULATION to Clarify trial issues filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 08/07/2012)
1612012-08-09 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendant Continental Motors, Inc.. Motion set for hearing on 8/20/2012 at 04:30 PM before Judge George H. King. (Attachments: # 1 Declaration, # 2 Proposed Order)(Skinner, Will) (Entered: 08/09/2012)
1622012-08-09 AMENDED DOCUMENT filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. Amendment to Exhibit List 159 Plaintiffs' Addendum to Amended Joint Exhibit List (Berglund, David) (Entered: 08/09/2012)
1632012-08-09 NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Continental Motors, Inc., Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Proposed Order)(Finkel, Charles) (Entered: 08/09/2012)
1642012-08-09 NOTICE OF MOTION AND Joint MOTION IN LIMINE to Preclude various filed by Defendant Continental Motors, Inc.. Motion set for hearing on 8/20/2012 at 04:30 PM before Judge George H. King. (Attachments: # 1 Declaration of Will S. Skinner, Part 1, # 2 Declaration of Will S. Skinner, Part 2, # 3 Declaration of Will S. Skinner, Part 3, # 4 Declaration of Will S. Skinner, Part 4, # 5 Declaration of Will S. Skinner, Part 5, # 6 Declaration of Will S. Skinner, Part 6, # 7 Proposed Order)(Skinner, Will) (Entered: 08/09/2012)
1652012-08-10 DECLARATION of Charles M. Finkel, Esq. In Opposition to Joint MOTION IN LIMINE to Preclude various 164 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Exhibit, # 2 Exhibit)(Finkel, Charles) (Entered: 08/10/2012)
1662012-08-10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss 161 , Attachment 2: Final Pretrial Conference Order 163 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Effective 1/1/10, this court's local rules require that notice of motion/application for hearing be filed with the Clerk not later than 28 days before the date set for hearing 161 . There should be at least 2 lines of text to allow for the judge's signature pursuant to this court's local rules 163 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 08/10/2012)
1672012-08-09 ORDER CONCERNING TRIAL ISSUES by Judge George H. King, re Stipulation to Clarify 160 : IT IS SO ORDERED: 1. Plaintiffs and Plaintiffs' counsel shall make no direct or indirect reference, through witnesses or exhibits, to suggest, imply or argue that CMI should, but did not, take any action after the report was released on November 9, 2009 in response to the Saftey Recommendations contained in the Revised Report. (bm) (Entered: 08/10/2012)
1682012-08-10 OBJECTION OBJECTION TO DEFENDANT, CONTINENTAL MOTORS, INC.'s NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO RULE 4(m) OF THE FEDERAL RULES OF CIVIL PROCEDURE re: MOTION to Dismiss for Lack of Jurisdiction 161 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 08/10/2012)
1692012-08-13 REPLY in support of MOTION to Dismiss for Lack of Jurisdiction 161 filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Declaration of Will S. Skinner)(Skinner, Will) (Entered: 08/13/2012)
1702012-08-13 NOTICE by Magistrate Judge Margaret A. Nagle scheduling a further Settlement Conference in this matter for 8/30/2012 10:00 AM before Magistrate Judge Margaret A. Nagle. Counsel may file a supplemental confidential settlement conference statement on or before 8/23/2012.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ec) TEXT ONLY ENTRY (Entered: 08/13/2012)
1712012-08-13 MINUTES OF MOTION BY PLAINTIFF FOR AN EXTENSION OF TIME ALLOTTED FOR TRIAL; 130 Hearing held before Judge George H. King: granting 130 Motion: Matter called. Counsel for the parties are present. Court hears argument of counsel. Having heard from counsel, Court grants motion for extension of time allotted for trial. Present trial date is vacated and continued to October 30, 2012 at 8:30 a.m. Present pre-trial conference date is vacated and continued to October 15, 2012 at 4:30 p.m. Court and counsel confer regarding further settlement conference and the issue of consent. Counsel shall file joint status report within 48 hours hereof on the issues discussed on the record. Motion to dismiss and motions in limine taken off calendar pending further order of the Court. Court will issue further order. Court Reporter: Anne Kielwasser. (bm) (Entered: 08/15/2012)
1722012-08-14 MINUTE ORDER IN CHAMBERS re: Pretrial Matters by Judge George H. King: Given that the current August 28, 2012 trial date was set with the original eighteen-hour limit in mind, we hereby VACATE the August 28, 2012 date and set a new trial date for October 30, 2012 at 8:30 a.m. The pretrial conference currently set for August 20, 2012 is VACATED and CONTINUED to October 15, 2012 at 4:30 p.m. At this time, the exact amount of time to be allotted for trial remains to be determined. The Parties SHALL file a joint status report within 48 hours hereof informing us whether they consent to a trial before Judge Jay Gandhi. In addition, we are of the view that a mutually agreed-upon resolution is in the interests of all Parties, and a settlement can and should be achieved here before we rule on the pending Motions, including the Parties' Motions in Limine and Defendant Continental Motors, Inc.'s ("Defendant") Motion to Dismiss. In order to ensure that the Parties have fully exhausted all good faith, reasonable settlement discussions, we hereby ORDER the Parties to participate in a further settlement conference before Judge Margaret Nagle. The docket reflects that the Parties have already contacted Judge Nagle and scheduled a settlement conference for August 30, 2012. We direct the Parties to present the pending Motions in Limine and their arguments regarding the Motion to Dismiss to Judge Nagle as part of the assessment of an appropriate settlement. The Parties shall calculate the uncertainty of a ruling in their favor into their settlement discussions. If the case settles, counsel shall notify the Court Clerk forthwith. If the case does not settle, counsel shall file a joint status report with the Court within 48 hours of termination of settlement discussions. If we determine at that time that the Parties have complied with this Order, then and only then will we consider the Parties' Motions in Limine and Defendant's Motion to Dismiss. If and when we rule on the pending Motions, the Parties SHALL contact Judge Nagle's clerk to select a date for a further settlement conference. Finally, we note that Defendant's Motion to Dismiss was filed on Friday, August 9, 2012, and calendered for hearing on Monday, August 20, 2012, in violation of Local Rule 6-1, which requires a notice of motion to be filed no later than 28 days before the date set for hearing. On August 10, 2012, Plaintiffs filed an objection to Defendant's Motion to Dismiss on this basis. While Defendant's Motion to Dismiss was improperly filed, we will accept it and hereby set forth the following dates for additional briefing on the Motion. In the interest of fairness, we hereby provide Plaintiffs an opportunity to file a full substantive Opposition to Defendant's Motion to Dismiss. Plaintiffs SHALL file their Opposition within seven (7) days hereof. Defendant SHALL file its Reply within seven (7) days thereafter, at which time we will take this matter under submission without oral argument. (see document for further details) (bm) (Entered: 08/15/2012)
1732012-08-16 STATUS REPORT JOINT STATUS REPORT REGARDING JUDGE JAY GANDHI AS TRIAL JUDGE filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 08/16/2012)
1742012-08-16 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court: The document is accepted as filed. RE: MOTION to Dismiss for Lack of Jurisdiction 161 , Re: Attachment of Notice of Lodging Proposed Pretrial Order 163 (lw) (Entered: 08/17/2012)
1752012-08-20 OPPOSITION OPPOSITION re: MOTION to Dismiss for Lack of Jurisdiction 161 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Declaration of Daniel W. Johnson in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss)(Johnson, Daniel) (Entered: 08/20/2012)
1762012-08-27 REPLY in support of MOTION to Dismiss for Lack of Jurisdiction 161 filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Declaration of Will S. Skinner)(Skinner, Will) (Entered: 08/27/2012)
1772012-08-31 EX PARTE APPLICATION for Order for Extend Time for Service on Defendant CMI, and Issuance of Federal Summons filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley.(Finkel, Charles) (Entered: 08/31/2012)
1782012-09-04 Opposition re: EX PARTE APPLICATION for Order for Extend Time for Service on Defendant CMI, and Issuance of Federal Summons 177 filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 09/04/2012)
1792012-09-04 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Ex Parte Application 177 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Ex Parte Application. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 09/04/2012)
1802012-09-04 STATUS REPORT (JOINT) REGARDING FURTHER SETTLEMENT CONFERENCE filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 09/04/2012)
1812012-09-05 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 179 by Clerk of Court that the document is accepted as filed. RE: Ex Parte Application 177 . (bm) (Entered: 09/06/2012)
1822012-08-30 MINUTES OF Further Settlement Conference held before Magistrate Judge Margaret A. Nagle. There is no settlement at this time.Court Recorder: CS. (ec) (Entered: 09/11/2012)
1832012-09-18 MINUTES (IN CHAMBERS) ORDER re: (1) Motion to Dismiss Pursuant to Fed. R. Civ. P. 4(m) (Dkt. No. 161); (2) Plaintiffs' Ex Parte Application for an Order to Extend the Time for Service on Defendant CMI (Dkt. No. 177) by Judge George H. King denying 161 Motion to Dismiss for Lack of Jurisdiction; granting 177 Ex Parte Application: Based on the foregoing, Defendant's Motion is DENIED. Its request that we certify this denial for interlocutory appeal is likewise DENIED. Our order denying Defendant's Motion and granting Plaintiffs' Ex Parte Application does not involve a controlling question of law as to which there is substantial ground for difference of opinion...." 28 U.S.C. § 1292(b) (emphasis added). Indeed, Defendant's positions are so insubstantial that they are not subject to serious debate among reasonable jurists. We are disappointed that Defendant has chosen to make these arguments, particularly in such unwarranted tone, without due regard for scarce judicial resources. We view counsel's failure to exercise good professional judgment with disfavor, and caution counsel to carefully consider not only his duty to zealously represent his client, but also his obligations as an officer of the court. Plaintiffs' Ex Parte Application to Extend Time to Serve Defendant CMI is GRANTED. The clerk is hereby directed to issue a summons forthwith. Plaintiffs shall effect service on Defendant within fourteen (14) days after issuance of such summons. Given the posture of this issue, we strongly urge Defendant to consider, for the sake of efficiency and in the interests of justice, whether it should (1) simply waive service; or (2) authorize its counsel to accept service without requiring Plaintiffs to go through the formal service process. (bm) (Entered: 09/19/2012)
1842012-10-01 PROOF OF SERVICE Executed by Plaintiff Molly Lauren Higley, Kris Elliot Higley, upon Defendant Service of the Summons and Complaint were executed upon Richard Oliver/President in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Attachments: # 1 Exhibit California Secretary of State Registered Agent for Service)(Berglund, David) (Entered: 10/01/2012)
1852012-10-03 PROOF OF SERVICE Executed by Plaintiff Molly Lauren Higley, Kris Elliot Higley, upon Defendant Service of the Summons and Complaint were executed upon Dee Dee Harbin of National Corporate Research LTD, Inc./Agent for Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Attachments: # 1 Supplement re list of documents served, # 2 Declaration of Mailing)(Berglund, David) (Entered: 10/03/2012)
1862012-10-03 PROOF OF SERVICE Executed by Plaintiff Molly Lauren Higley, Kris Elliot Higley, upon Defendant Service of the Summons and Complaint were executed upon Mark B. Roberts/Legal in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Attachments: # 1 Supplement re list of documents served, # 2 Declaration of Mailing)(Berglund, David) (Entered: 10/03/2012)
1872012-10-02 ORIGINAL SUMMONS RETURNED filed by plaintiffs Kris Elliot Higley, Molly Lauren Higley. (lw) (Entered: 10/04/2012)
1882012-10-11 MINUTE ORDER IN CHAMBERS by Judge George H. King: On the Court's own motion, the above matter set for pre-trial conference and hearing on the parties' motions in limine on October 15, 2012 are hereby CONTINUED to Monday, October 22, 2012 at 2:00 p.m. Counsel responsible for the conduct and trial of the above action shall appear on date and time specified herein. (bm) (Entered: 10/11/2012)
1892012-10-11 MINUTE ORDER IN CHAMBERS by Judge George H. King: On the Court's own motion, the above matter set for pre-trial conference and hearing on the parties' motions in limine on October 15, 2012 are hereby CONTINUED to Monday, October 22, 2012 at 2:00 p.m. Counsel responsible for the conduct and trial of the above action shall appear on date and time specified herein. (bm) (Entered: 10/11/2012)
1902012-10-16 EX PARTE APPLICATION to Continue Trial from October 30, 2012 to January 2013 or next available trial date convenient with the court filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Proposed Order)(Johnson, Daniel) (Entered: 10/16/2012)
1912012-10-18 ORDER by Judge George H. King, having considered Plaintiff's Unopposed Ex Parte Application 190 . Trial which is set for 10/30/12 be continued to Tuesday 1/22/13 at 8:30 am. The Final Pretrial Conference and hearing on motions in limine are continued to Monday, 1/14/13 at 3:30 pm. (ir) (Entered: 10/18/2012)
1922012-12-17 ORDER from 9th CCA filed CCA # 12-73073. Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. Order received in this district on 12/17/2012. (dmap) (Entered: 12/17/2012)
1932013-01-14 MINUTES: STATUS CONFERENCE RE: MOTIONS IN LIMINE AND PRETRIAL CONFERENCE: Matter called. Counsel for the parties are present. Counsel represent to the Court of their desire to consent to proceed before Magistrate Judge Gandhi. Having heard from counsel, all presently scheduled hearing dates and Motions in limine are TAKEN OFF CALENDAR pending transfer. The clerk shall give counsel a copy of the necessary CV 11D form to complete IT IS SO ORDERED by Judge George H. King Court Reporter: Mary Riordan Rickey. (ir) (Entered: 01/16/2013)
1942013-01-17 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 12-01 is approved by Judge George H. King and Magistrate Judge Jay C. Gandhi. This case is hereby reassigned to Magistrate Judge Jay C. Gandhi for all further proceedings. Case number will now read CV 10-03345 JCG. (rn) (Entered: 01/17/2013)
1952013-01-15 MINUTE (IN CHAMBERS) ORDER RE: SCHEDULING CONFERENCE by Magistrate Judge Jay C. Gandhi, On its own motion, and to effectively and efficiently proceed to trial in this action, the Court shall conduct a Scheduling Conference with counsel regarding the proposed schedule for trial and any other housekeeping matters. All previously scheduled dates are now VACATED. For the convenience of counsel, the Court is willing to conduct the Scheduling Conference via telephone, unless counsel may prefer an in-person Scheduling Conference instead. Counsel shall confer with one another, agree on a mutually-convenient date, whether the conference should be held telephonically or in person, and contact the Courtroom Deputy Clerk with their proposed dates and preferred method of hearing. The scheduling conference shall occur on a Tuesday at 2 p.m., and preferably on February 5, 12, or 19, 2013. (SEE ORDER FOR FURTHER DETAILS) (lmh) (Entered: 01/17/2013)
1962013-01-29 ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Jay C. Gandhi. This matter is set for a scheduling conference on the above date. The conference will be held pursuant to Fed. R. Civ. P. 16(b). The parties need NOT submit another Rule 26 joint report. The discussion points of the conference shall include (1) the progress of any appeals and settlement discussions; (2) the motions in limine; (3) proposed dates for the final pretrial conference and trial; (4) whether trial shall be jury or bench, and appropriate time parameters; and (5) as necessary and appropriate, the Court intends to also discuss aspects of: - the final pre-trial conference order, [Dkt. No. 163]; - the joint witness list, [Dkt. Nos. 150, 156]; - the joint exhibit list, [Dkt. No. 159]; - the jury instructions; - the verdict form; - voir dire questions; and - related ancillary matters. The Court thanks the parties and their counsel for their anticipated cooperation. IT IS SO ORDERED. (bem) (Entered: 01/29/2013)
1972013-02-01 NOTICE OF LODGING filed re Consent to Proceed (CV-11D) before US Magistrate Judge Voluntary Program, Consent to Proceed (CV-11D) before US Magistrate Judge Voluntary Program 194 (Attachments: # 1 Exhibit Statement of Consent to Proceed Before a United States Magistrate Judge)(Johnson, Daniel) (Entered: 02/01/2013)
1982013-02-05 MINUTES OF Scheduling Conference held before Magistrate Judge Jay C. Gandhi. Case called. Telephonic appearances made. The parties stipulate to bench trial. The Court proposes to start trial on April 8, 2013. Defendant proposes that any setting of a trial date first await adjudication of the pending certiorari petition to the U.S. Supreme Court, and any setting of a trial date at this time may interfere with the calendaring of counsel and experts. It is anticipated that the U.S. Supreme Court will act on the petition within approximately 60 days. Plaintiffs propose setting a trial date for other calendaring purposes, and also cite prejudice from any further delay. The Court concurs with Defendant at this juncture. Defendant shall provide a brief written status report within 72 hours of any adjudication of the certiorari petition. For the convenience of counsel, the Court will endeavor to conduct the next Scheduling Conference telephonically as well. (See Order for further details) Court Recorder: CS 2/5/13. (bem) (Entered: 02/06/2013)
1992013-03-20 STATUS REPORT filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 03/20/2013)
2002013-03-25 MINUTES (IN CHAMBERS) ORDER RE: SCHEDULING CONFERENCE by Magistrate Judge Jay C. Gandhi: The Court has reviewed the Status Report by Continental Motors, Inc. [Dkt. No. 199]. In light of the procedural posture of this matter now, and to effectively and efficiently proceed to trial in this action, the Court shall conduct a Scheduling Conference with counsel regarding the proposed schedule for trial and any other housekeeping matters. The Scheduling Conference shall occur on Tuesday, April 2, 2013 at 3:00 p.m. (See Order for further details) 199 . (bem) (Entered: 03/25/2013)
2012013-03-26 STATUS REPORT filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 03/26/2013)
2022013-04-02 CIVIL BENCH TRIAL ORDER before Magistrate Judge Jay C. Gandhi. This case is set for a bench trial on July 15, 2013 at 9:00 a.m. at the United States Court House, 312 North Spring Street, Los Angeles, California. The Court shall hear argument on any motions in limine prior to the start of trial, and will endeavor to provide tentative rulings reasonably in advance. To facilitate the efficient conduct of the trial in this matter, all parties shall review carefully the following Order and instructions. On or before July 8, 2013, each party shall lodge its proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3. Concurrently, each party shall also deliver to chambers a copy of this document on disk in either Microsoft Word or WordPerfect 6.0 or higher format. (See Order for further important details)Court Recorder: CS 4/2/13. (bem) (Entered: 04/05/2013)
2032013-07-08 MINUTE ORDER (IN CHAMBERS) ORDER REGARDING PLAINTIFFS' AND DEFENDANT'S MOTIONS IN LIMINE by Magistrate Judge Jay C. Gandhi. Pending before the Court are the parties' Motions in Limine (collectively, "Motions"), [Dkt. No. 164 ], which the Court finds suitable for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L-R 7-15. 1. Defendant's Motion in Limine No. 1 to Preclude Testimony Regarding Donald Sommer's Flying Hours is DENIED. 2. Defendant's Motion in Limine No. 2 to Exclude Plaintiffs' Expert Testimony is DENIED. 3. Defendant's Motion in Limine No. 3 to Exclude Plaintiffs' Expert Testimony of Dr. Ramesh Kar is DENIED. 4. Plaintiffs' Motion in Limine No. 1 to Exclude Evidence of Prior Settlements is DENIED. 5. Plaintiffs' Motion in Limine No. 2 to Exclude Evidence of No Prior Complaints is DENIED. 6. Plaintiffs' Motion in Limine No. 3 to Exclude Evidence of FAA Certification is GRANTED IN PART AND DENIED IN PART. (See Order for further details) (afe) (Entered: 07/08/2013)
2042013-07-08 First PRETRIAL STIPULATION regarding Exhibits 1-6. (Skinner, Will) (Entered: 07/08/2013)
2052013-07-08 MEMORANDUM of CONTENTIONS of FACT and LAW filed by DEFENDANT Continental Motors, Inc.. (Skinner, Will) (Entered: 07/08/2013)
2062013-07-09 TRIAL BRIEF filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley.. (Finkel, Charles) (Entered: 07/09/2013)
2072013-07-09 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Finkel, Charles) (Entered: 07/09/2013)
2082013-07-09 PRETRIAL STIPULATION regarding Exhibits . (Finkel, Charles) (Entered: 07/09/2013)
2092013-07-09 PRETRIAL STIPULATION regarding Exhibits 1-6 For Document No. 204 Filed on July 8, 2013. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Skinner, Will) (Entered: 07/09/2013)
2102013-07-15 AMENDED Exhibit List filed by DEFENDANT Continental Motors, Inc... (Skinner, Will) (Entered: 07/15/2013)
2112013-07-15 Witness List filed by DEFENDANT Continental Motors, Inc... (Skinner, Will) (Entered: 07/15/2013)
2122013-07-15 MINUTES OF COURT TRIAL (1ST Day) held before Magistrate Judge Jay C. Gandhi: Opening statements made. Witneses called, sworn and testified. Exhibits Identified. Bench Trial set for 7/16/2013 09:00 AM before Magistrate Judge Jay C. Gandhi. Court Reporter: Leandra Amber. (lmh) (Entered: 07/19/2013)
2132013-07-16 MINUTES OF Court Trial (2ND day )held before Magistrate Judge Jay C. Gandhi: Witnesses called, sworn and testified. Exhibits Identified. Video testimony of Mr. Colin Sommer played on the record. Testimony of Mr. John Barton was read on the record. Bench Trial set for 7/17/2013 08:00 AM before Magistrate Judge Jay C. Gandhi. Court Reporter: Leandra Amber. (lmh) (Entered: 07/22/2013)
2142013-07-17 MINUTES OF Court Trial (3RD day )held before Magistrate Judge Jay C. Gandhi: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff rest. Video of Dr. Kar played on the record. Excerpts from the deposition of Jason Lukasik are read on the record. Bench Trial set for 7/18/2013 08:00 AM before Magistrate Judge Jay C. Gandhi. Court Reporter: Leandra Amber/Myra Ponce. (lmh) (Entered: 07/22/2013)
2152013-07-18 MINUTES OF Court Trial (4TH day )held before Magistrate Judge Jay C. Gandhi: Witnesses called, sworn and testified. Exhibits Identified. Excerpts from Deposition of Mr. McConnell are read on the record. Bench Trial set for 7/19/2013 08:00 AM before Magistrate Judge Jay C. Gandhi. Court Reporter: Leandra Amber/Rosalyn Adams/Sandy MacNeil. (lmh) (Entered: 07/22/2013)
2162013-07-19 MINUTES OF Court Trial (5TH Day) held and completed before Magistrate Judge Jay C. Gandhi: Witnesses called, sworn and testified. Exhibits identified and admitted. Closing arguments made. Excerpts from Deposition of Mr. William Morris are read on the record. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Court Reporter: Leandra Amber/Sandy MacNeil. (lmh) (Entered: 07/22/2013)
2172013-07-15 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (lmh) (Entered: 07/23/2013)
2182013-07-19 LIST OF EXHIBITS AND WITNESSES at trial. (lmh) (Entered: 07/23/2013)
2192013-07-24 TRANSCRIPT ORDER as to Plaintiffs Kris Elliot Higley, Molly Lauren Higley Court Reporter. Court will contact Lori Kaden at [email protected] with any questions regarding this order. Transcript portion requested: Opening Statement by Plaintiff on 7/15/13. Opening Statement by Defendant on 7/15/13. Closing Argument by Plaintiff on 7/19/13. Closing Argument by Defendant on 7/19/13. Testimony of: All Witness Testimony & Trial Proceedings 7/15-19/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Johnson, Daniel) (Entered: 07/24/2013)
2202013-07-25 TRANSCRIPT ORDER as to Defendant Continental Motors, Inc. Court Reporter. Court will contact Nicholas Weeks at [email protected] with any questions regarding this order. Transcript portion requested: Opening Statement by Plaintiff on 07/15/2013. Opening Statement by Defendant on 07/15/2013. Closing Argument by Plaintiff on 07/19/2013. Closing Argument by Defendant on 07/19/2013. Testimony of: 07/15/2013-07/19/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Skinner, Will) (Entered: 07/25/2013)
2212013-07-31 TRANSCRIPT for proceedings held on Wednesday, 7/17/2013; 1:07 p.m. Court Reporter/Electronic Court Recorder: Myra Ponce, phone number (213) 894-2305 or [email protected] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/21/2013. Redacted Transcript Deadline set for 8/31/2013. Release of Transcript Restriction set for 10/29/2013. (Ponce, Myra) (Entered: 07/31/2013)
2222013-07-31 NOTICE OF FILING TRANSCRIPT filed for proceedings Wednesday, 7/17/2013; 1:07 p.m. re Transcript 221 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY (Entered: 07/31/2013)
2232013-07-31 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Filing Transcript 222 , Transcript (CV),, 221 (Ponce, Myra) (Entered: 07/31/2013)
2242013-07-31 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Filing Transcript 222 , Transcript (CV),, 221 , Notice of Clerical Error (G-11) 223 (baq) (Entered: 07/31/2013)
2252013-07-31 TRANSCRIPT for proceedings held on 7/31/13, VOL. II, 11:00 AM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number [email protected] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/21/2013. Redacted Transcript Deadline set for 8/31/2013. Release of Transcript Restriction set for 10/29/2013. (Adams, Rosalyn) (Entered: 07/31/2013)
2262013-08-04 TRANSCRIPT for proceedings held on Wednesday, 7/17/2013; 1:07 p.m. Court Reporter/Electronic Court Recorder: Myra Ponce, phone number (213) 894-2305 or [email protected] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/25/2013. Redacted Transcript Deadline set for 9/4/2013. Release of Transcript Restriction set for 11/2/2013. (Ponce, Myra) (Entered: 08/04/2013)
2272013-08-04 NOTICE OF FILING TRANSCRIPT filed for proceedings Wednesday, 7/17/2013; 1:07 p.m. re Transcript 226 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY (Entered: 08/04/2013)
2282013-08-06 TRANSCRIPT for proceedings held on 7/19/13, 2:09 p.m. Court Reporter/Electronic Court Recorder: Sandra MacNeil, phone number 213-894-5949, [email protected] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/27/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013. (MacNeil, Sandra) (Entered: 08/06/2013)
2292013-08-06 TRANSCRIPT for proceedings held on 7/18/13, 5:38 p.m. Court Reporter/Electronic Court Recorder: Sandra MacNeil, phone number 213-894-5949, [email protected] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/27/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013. (MacNeil, Sandra) (Entered: 08/06/2013)
2302013-08-06 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/18/13, 5:38 p.m; 7/19/13, 2:09 p.m re Transcript 228 , 229 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (MacNeil, Sandra) TEXT ONLY ENTRY (Entered: 08/06/2013)
2312013-08-07 Joint STIPULATION for Extension of Time to File Supplemental Findings of Fact and Conclusions of Law filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 08/07/2013)
2322013-08-08 ORDER TO EXTEND DEADLINE TO FILE SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FROM AUGUST 13, 2013 TO AUGUST 20, 2013 by Magistrate Judge Jay C. Gandhi, re Stipulation for Extension of Time to File 231 . Based on the stipulation between the parties and good cause being shown, the deadline to file the Supplemental Findings of Fact and Conclusions of Law is extended from August 13, 2013 until August 20, 2013. IT IS SO ORDERED. (bem) (Entered: 08/09/2013)
2332013-08-13 TRIAL BRIEF OR BENCH BRIEF RE LACK OF ANY FUEL PUMP WITH SIMILAR CONDITION AS THE IO-550 FUEL PUMP IN THIS CASE filed by Defendant Continental Motors, Inc... (Skinner, Will) (Entered: 08/13/2013)
2342013-08-20 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 08/20/2013)
2352013-08-20 TRIAL BRIEF PLAINTIFFS' RESPONSE TO DEFENDANT, CONTINENTAL MOTORS, INC.'S BENCH BRIEF RE: LACK OF ANY FUEL PUMP WITH SIMILAR CONDITION AS THE IO-550 FUEL PUMP IN THIS CASE filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley.. (Attachments: # 1 Exhibit Exhibits 1-3)(Johnson, Daniel) (Entered: 08/20/2013)
2362013-08-20 Proposed Supplemental MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Exhibit A)(Skinner, Will) (Entered: 08/20/2013)
2372013-08-21 TRIAL BRIEF OR REPLY IN SUPPORT OF BENCH BRIEF RE LACK OF ANY FUEL PUMP WITH SIMILAR CONDITION AS THE IO-550 FUEL PUMP IN THIS CASE filed by Defendant Continental Motors, Inc... (Skinner, Will) (Entered: 08/21/2013)
2382013-09-12 TRANSCRIPT for proceedings held on Monday, July 15, 2013; 8:17 A.M. Court Reporter: Leandra Amber, phone number (213) 894-6603, www.leandraamber.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/3/2013. Redacted Transcript Deadline set for 10/13/2013. Release of Transcript Restriction set for 12/11/2013. (Amber, Leandra) (Entered: 09/12/2013)
2392013-09-12 TRANSCRIPT for proceedings held on Tuesday, July 16, 2013; 8:59 A.M. Court Reporter: Leandra Amber, phone number (213) 894-6603, www.leandraamber.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/3/2013. Redacted Transcript Deadline set for 10/13/2013. Release of Transcript Restriction set for 12/11/2013. (Amber, Leandra) (Entered: 09/12/2013)
2402013-09-12 TRANSCRIPT for proceedings held on Wednesday, July 17, 2013; 8:05 A.M. Court Reporter: Leandra Amber, phone number (213) 894-6603, www.leandraamber.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/3/2013. Redacted Transcript Deadline set for 10/13/2013. Release of Transcript Restriction set for 12/11/2013. (Amber, Leandra) (Entered: 09/12/2013)
2412013-09-12 TRANSCRIPT for proceedings held on Thursday, July 18, 2013; 8:01 A.M., Volume I, Court Reporter: Leandra Amber, phone number (213) 894-6603, www.leandraamber.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/3/2013. Redacted Transcript Deadline set for 10/13/2013. Release of Transcript Restriction set for 12/11/2013. (Amber, Leandra) (Entered: 09/12/2013)
2422013-09-12 TRANSCRIPT for proceedings held on Thursday, July 18, 2013; 3:19 P.M., Volume II Court Reporter: Leandra Amber, phone number (213) 894-6603, www.leandraamber.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/3/2013. Redacted Transcript Deadline set for 10/13/2013. Release of Transcript Restriction set for 12/11/2013. (Amber, Leandra) (Entered: 09/12/2013)
2432013-09-12 TRANSCRIPT for proceedings held on Friday, July 19, 2013; 7:59 A.M.. Court Reporter: Leandra Amber, phone number (213) 894-6603, www.leandraamber.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/3/2013. Redacted Transcript Deadline set for 10/13/2013. Release of Transcript Restriction set for 12/11/2013. (Amber, Leandra) (Entered: 09/12/2013)
2442013-09-12 NOTICE OF FILING TRANSCRIPT filed for proceedings Monday, July 15, 2013; 8:17 A.M. / Tuesday, July 16, 2013; 8:59 A.M. / Wednesday, July 17, 2013; 8:05 A.M. / Thursday, July 18, 2013; 8:01 A.M., Vol. I, 3:19 P.M., Vol III; Friday, July 19, 2013; 7:59 A.M., Vol I re Transcript 240 , 243 , 239 , 241 , 238 , 242 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Amber, Leandra) TEXT ONLY ENTRY (Entered: 09/12/2013)
2452013-09-20 FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Magistrate Judge Jay C. Gandhi. Based on the foregoing, the Court finds that Plaintiffs have not proven that they are entitled to relief under their manufacturing defect claim. (See Order for details) (Made JS-6. Case Terminated.) (bem) (Entered: 09/20/2013)
2462013-09-24 NOTICE OF LODGING filed PROPOSED JUDGMENT re Findings of Fact & Conclusions of Law, Terminated Case,, 245 (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 09/24/2013)
2472013-09-30 JUDGMENT by Magistrate Judge Jay C. Gandhi, This case was tried by Judge Jay C. Gandhi sitting without a jury from July 15-19, 2013, and the Court reached a decision in favor of defendant Continental Motors, Inc. ("Defendant"). Accordingly, IT IS ORDERED THAT: (1) Plaintiffs Kris Elliot Higley and Molly Lauren Higley ("Plaintiffs") recover nothing and that the action be dismissed on the merits; (2) Defendant shall recover from Plaintiffs costs of suit as a prevailing party pursuant to Fed. R. Civ. P. 54, Local Rule 54-3 and 28 U.S.C. § 1920, in a sum to be determined by the Clerk of Court; and (3) The parties shall meet and confer regarding the Notice of Application to the Clerk to Tax Costs and Proposed Bill of Costs prior to submission. It is so ordered. (jy) (Entered: 10/01/2013)
2482013-10-15 APPLICATION to the Clerk to Tax Costs against PLAINTIFF All Plaintiffs filed by DEFENDANT Continental Motors, Inc.. Application set for hearing on 11/1/2013 at 09:00 AM before Magistrate Judge Jay C. Gandhi. (Skinner, Will) (Entered: 10/15/2013)
2492013-10-15 Amended APPLICATION to the Clerk to Tax Costs against PLAINTIFF All Plaintiffs filed by DEFENDANT Continental Motors, Inc.. Application set for hearing on 11/1/2013 at 09:00 AM before Clerk of Court. (Skinner, Will) (Entered: 10/15/2013)
2502013-10-25 OBJECTION re: Amended APPLICATION to the Clerk to Tax Costs against PLAINTIFF All Plaintiffs 249 filed by Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (Johnson, Daniel) (Entered: 10/25/2013)
2512013-10-25 NOTICE OF APPEAL to the 9th CCA filed by Apellant Kris Elliot Higley, Molly Lauren Higley. Appeal of Judgment,,, 247 (Appeal fee of $455 receipt number 0973-12893769 paid.) (Johnson, Daniel) (Entered: 10/25/2013)
2522013-10-29 REPLY In Support of Amended APPLICATION to the Clerk to Tax Costs against PLAINTIFF All Plaintiffs 249 filed by Defendant Continental Motors, Inc.. (Skinner, Will) (Entered: 10/29/2013)
2532013-10-29 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56859, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 251 as to Plaintiffs Kris Elliot Higley, Molly Lauren Higley. (car) (Entered: 10/31/2013)
2542013-11-18 NOTICE OF MOTION AND Joint MOTION to Dismiss Case filed by DEFENDANT Continental Motors, Inc.. (Skinner, Will) (Entered: 11/18/2013)
2552013-11-29 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 251 filed by Kris Elliot Higley, Molly Lauren Higley, CCA # 13-56859. The agreement from both parties for a voluntary dismissal of this case withprejudice under Fed. R. App. P. 42(b) is granted. Order received in this district on 11/29/2013. (car) (Entered: 12/06/2013)
2562014-11-18 Joint STIPULATION to Produce Trial Exhibits filed by Defendant Continental Motors, Inc.. (Attachments: # 1 Proposed Order)(Skinner, Will) (Entered: 11/18/2014)
2572014-11-20 ORDER by Magistrate Judge Jay C. Gandhi, granting Joint Stipulation for release of all trial exhibits 256 . (twdb) (Entered: 11/21/2014)