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THOMAS V. BOMBARDIER RECREATIONAL PRODUCTS, INC. Docket
THOMAS V. BOMBARDIER RECREATIONAL PRODUCTS, INC. Docket
TRLSET
V.
Defendant
Bombardier, Inc.
TERMINATED: 12/15/2007
Defendant
Bombardier Corporation represented by Christina McGinley Paul
TERMINATED: 12/15/2007 Rumberger, Kirk & Caldwell, PA
80 SW 8th St - Ste 3000
PO Box 01-9041
Miami, FL 33130
305/995-5432
Fax: 305/371-7580
Email: cpaul@rumberger.com
TERMINATED: 07/14/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scott M. Sarason
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Defendant
Bombardier Recreational Products, represented by Armando G. Hernandez
Inc. Rumberger, Kirk & Caldwell, PA
Brickell Bayview Centre, Suite 3000
80 S.W. 8th St. (33130-3037)
P.O. Box 01-9041
Miami, FL 33101
305/358-5577
Fax: 305/371-7580
Email: ahernandez@rumberger.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scott M. Sarason
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael R. Holt
Rumberger, Kirk & Caldwell, PA
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STRICKEN. The Parties have up to and including Friday, July 25, 2008, to file
a new Case Management Report using the form prescribed in the Courts Order.
Signed by Magistrate Judge Sheri Polster Chappell on 7/18/2008. (LMH)
(Entered: 07/18/2008)
07/24/2008 23 CASE MANAGEMENT REPORT. (Paul, Christina) (Entered: 07/24/2008)
07/29/2008 24 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Magistrate
Judge Sheri Polster Chappell on 7/29/2008. (LAG) (Entered: 07/29/2008)
03/19/2009 25 Joint MOTION to extend time to Extend Pre-Trial Deadlines by Christine
Thomas, Bombardier Recreational Products, Inc.. (Sarason, Scott) (Entered:
03/19/2009)
03/20/2009 26 ORDER granting 25 the Joint Motion to Extend Pre-Trial Deadlines. SEE
ORDER FOR AMENDED DEADLINES. Signed by Magistrate Judge Sheri
Polster Chappell on 3/20/2009. (LMH) (Entered: 03/20/2009)
05/21/2009 27 MEDIATION REPORT Hearing held on May 20, 2009 Hearing outcome: Case
continued(Upchurch, John) (Entered: 05/21/2009)
06/18/2009 28 Joint MOTION to continue and Motion to Enlarge Pre-Trial Deadlines under
the Court's Scheduling Order as Modified by this Court's March 20, 2009
Order and Incorporated Memorandum of Law by Bombardier Recreational
Products, Inc.. (Attachments: # 1 Exhibit 1)(Paul, Christina) (Entered:
06/18/2009)
06/24/2009 29 ORDER granting 28 The Joint Motion to Extend Pre-Trial Deadlines. SEE
ORDER FOR DEADLINES. Signed by Magistrate Judge Sheri Polster
Chappell on 6/24/2009. (LMH) (Entered: 06/24/2009)
08/13/2009 30 MOTION for partial summary judgment by Bombardier Recreational Products,
Inc.. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A- Part 2, # 3 Exhibit A -
Part 3, # 4 Exhibit A - Part 4, # 5 Exhibit A - Part 5, # 6 Exhibit B)(Paul,
Christina) (Entered: 08/13/2009)
08/14/2009 31 SUMMARY JUDGMENT NOTICE re 30 MOTION for partial summary
judgment. (JS) (Entered: 08/14/2009)
08/27/2009 32 MEMORANDUM in opposition re 30 Motion for partial summary judgment,
31 Notice (Other) filed by Christine Thomas. (Attachments: # 1 Exhibit Exhibit
1 Bill of Sale, # 2 Exhibit Exhibit 2 Purchase Agreement, # 3 Exhibit Exhibit 6
Boarding Vessel, # 4 Affidavit Exhibit 7 Affidavit of Edward Karnes
PhD)(Selig, Robert) (Entered: 08/27/2009)
08/27/2009 33 NOTICE by Christine Thomas re 30 MOTION for partial summary judgment,
31 Notice (Other), 32 Memorandum in opposition to Motion for Partial
Summary Judgment-Notice of filing exhibits (Selig, Robert) Modified on
8/28/2009 (SLU). Exhibits & CD filed in separate accordion file folder
(Entered: 08/27/2009)
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11/17/2009)
11/20/2009 43 NOTICE by Christine Thomas re 42 Order on motion for extension of time to
complete discovery Plaintiff's Designation of Expert Witnesses (Attachments: #
1 Exhibit Report of Michael A> Burelson, PE, # 2 Exhibit Report of Edward
Karnes, PhD, # 3 Exhibit CV of Cera, MD)(Selig, Robert) (Entered:
11/20/2009)
01/21/2010 44 OPINION AND ORDER granting in part and denying in part 30 Motion for
Partial Summary Judgment. The Motion is granted as to the adequacy of the
Warning language in 14(g) and (m) and 21(y) and (ee) of the failure to warn
claims in Counts I and II, but is denied as to the issue of placement of the
Warning. The Motion is granted as to the duty to recall and retrofit under 14(h)
in Count I and 21(z) in Count II. The Clerk shall withhold the entry of
judgment until the conclusion of the case. Signed by Judge John E. Steele on
1/21/2010. (RKR) (Entered: 01/21/2010)
02/25/2010 45 Joint MOTION to extend time to Enlarge Certain Pre-Trial Deadlines by
Bombardier Recreational Products, Inc.. (Paul, Christina) (Entered:
02/25/2010)
02/26/2010 46 PLAINTIFF'S UNOPPOSED MOTION to continue Trial by Christine
Thomas. (Selig, Robert) Modified on 2/26/2010 to edit docket text (SLU).
(Entered: 02/26/2010)
02/26/2010 47 ENDORSED ORDER granting 45 Joint Motion to Enlarge Certain Pre-Trial
Deadlines. The parties shall have up to and including March 12, 2010 to: 1)
meet in person to prepare the Joint Final Pre-Trial Statement; 2) file the Final
Pre-Trial Statement and 3) file all other Motions including Motions in Limini
and Trial Briefs. Signed by Magistrate Judge Sheri Polster Chappell on
2/26/2010. (Chappell, Sheri) (Entered: 02/26/2010)
02/26/2010 48 PLAINTIFF'S AMENDED UNOPPOSED MOTION to for continuance of trial
by Christine Thomas. (Selig, Robert) Modified on 2/26/2010 to edit event,
docket entry relationship and text (SLU). (Entered: 02/26/2010)
03/02/2010 49 ORDER denying as moot 46 Motion to continue; granting 48 Motion to
continue trial. The Final Pretrial Conference is rescheduled to June 28, 2010,
and the trial term is continued to the July 2010 calendar. A Notice will issue.
Signed by Judge John E. Steele on 3/2/2010. (RKR) (Entered: 03/02/2010)
03/02/2010 50 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference
hearing previously scheduled for March 22, 2010 is rescheduled. New
scheduling date and time: Final Pretrial Conference set for 6/28/2010 at 9:00
AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Jury Trial reset
for trial term commencing 7/5/2010 in Ft. Myers Courtroom 6 A before Judge
John E. Steele. (RKR) (Entered: 03/02/2010)
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11/01/2010 140 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL
DAY FIVE held on 11/1/2010. Court Reporter: Jeffrey G. Thomas (BMA)
(Entered: 11/01/2010)
11/02/2010 141 COURT'S FINAL JURY INSTRUCTIONS. (BMA) (Entered: 11/02/2010)
11/02/2010 142 EXHIBIT LIST by Christina Thomas. (BMA) (Entered: 11/02/2010)
11/02/2010 143 EXHIBIT LIST by Bombardier Recreational Products, Inc. (BMA) (Entered:
11/02/2010)
11/03/2010 144 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL
DAY SIX completed on 11/3/2010. Court Reporter: Jeffrey G. Thomas (BMA)
(Entered: 11/03/2010)
11/03/2010 145 JURY VERDICT. (This verdict is rejected by the Court for the reasons stated
on the record on November 2, 2010 during the Jury Trial proceedings.) (BMA)
(Entered: 11/03/2010)
11/03/2010 146 JURY VERDICT. (BMA) (Entered: 11/03/2010)
11/03/2010 147 COURT'S EXHIBIT LIST. (BMA) (Entered: 11/03/2010)
11/12/2010 148 MOTION for new trial and memorandum of law in support by Christina
Thomas. (Selig, Robert) Modified on 11/12/2010 to edit docket text (SLU).
(Entered: 11/12/2010)
11/12/2010 149 MOTION for entry of judgment on Jury Verdict and Incorporated
Memorandum of Law by Bombardier Recreational Products, Inc.. (Davidson,
Manu) Modified on 11/12/2010 to edit docket text (SLU). (Entered:
11/12/2010)
11/12/2010 150 ORDER granting 149 Motion for judgment on jury verdict. The Clerk is
directed to enter judgment pursuant to Fed. R. Civ. P. 58 and 146 Jury Verdict.
Signed by Judge John E. Steele on 11/12/2010. (RKR) (Entered: 11/12/2010)
11/15/2010 151 Verified MOTION for taxation of costs and Incorporated Memorandum of Law
by Bombardier Recreational Products, Inc.. (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Davidson, Manu)
(Entered: 11/15/2010)
11/15/2010 152 NOTICE by Bombardier Recreational Products, Inc. of Filing Proposed Bill of
Costs (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3,
# 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Davidson, Manu) (Entered:
11/15/2010)
11/18/2010 153 JUDGMENT in favor of Bombardier Recreational Products, Inc. against
Christina Thomas. Signed by Deputy Clerk on 11/18/2010. (BMA) (Entered:
11/18/2010)
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11/23/2010 154 MOTION for new trial by Christina Thomas. (Selig, Robert) (Entered:
11/23/2010)
11/29/2010 155 BOMBARDIER Recreational Products Inc.'s MEMORANDUM of law in
response to motion re 148 MOTION for new trial filed by Bombardier
Recreational Products, Inc.. (Hernandez, Armando) Modified on 11/30/2010 to
edit docket text (SLU). (Entered: 11/29/2010)
12/07/2010 156 OPINION AND ORDER denying 148 Motion for new trial; denying 154
Motion for new trial. Signed by Judge John E. Steele on 12/7/2010. (RKR)
(Entered: 12/07/2010)
01/03/2011 157 TRANSCRIPT of Jury Trial Testimony of Sam Spade held on 10/29/10 before
Judge John E. Steele. Court Reporter/Transcriber Jeffrey G. Thomas,Telephone
number (239) 461-2033. Transcript may be viewed at the court public terminal
or purchased through the Court Reporter/Transcriber before the deadline for
Release of Transcript Restriction. After that date it may be obtained through
PACER or purchased through the Court Reporter. Redaction Request due
1/24/2011, Redacted Transcript Deadline set for 2/3/2011, Release of
Transcript Restriction set for 4/4/2011. (JGT) (Entered: 01/03/2011)
01/03/2011 158 TRANSCRIPT of Jury Trial Testimony of James Frantz held on 10/29/10
before Judge John E. Steele. Court Reporter/Transcriber Jeffrey G.
Thomas,Telephone number (239) 461-2033. Transcript may be viewed at the
court public terminal or purchased through the Court Reporter/Transcriber
before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER or purchased through the Court Reporter.
Redaction Request due 1/24/2011, Redacted Transcript Deadline set for
2/3/2011, Release of Transcript Restriction set for 4/4/2011. (JGT) (Entered:
01/03/2011)
01/03/2011 159 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have
seven (7) calendar days to file with the court a Notice of Intent to Request
Redaction of this transcript. If no such Notice is filed, the transcript may be
made remotely electronically available to the public without redaction after 90
calendar days. Any party needing a copy of the transcript to review for
redaction purposes may purchase a copy from the court reporter or view the
document at the clerk's office public terminal. Court Reporter: Jeffrey G.
Thomas (JGT) (Entered: 01/03/2011)
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