Plaintiffs, * CIRCUIT COURT

Size: px
Start display at page:

Download "Plaintiffs, * CIRCUIT COURT"

Transcription

1 RUSSELL WILLIAMS, SR. et al., * IN THE Plaintiffs, * CIRCUIT COURT v. * FOR CONTINENTAL TIRE THE AMERICAS, * BALTIMORE CITY, PART 23 LLC, et al., * Case No.: 24-C Defendants. * * * * * * * * * * * * MEMORANDUM OPINION The instant product liability action arises from Plaintiffs, Russell Williams, Sr., Personal Representative of the Estate of Myrna Felicia Williams, deceased and Individually, as surviving son of Myrna Felicia Williams; Arthur Williams, as surviving son of Myrna Felicia Williams; Michael Williams, as surviving son of Myrna Felicia Williams; Sharon Majeed, as surviving daughter of Myrna Felicia Williams; Annette Williams, as surviving daughter of Myrna Felicia Williams; Lakeisha Felicia Dyer, Personal Representative of the Estate of Jocelyn Williams, deceased, surviving daughter of Myrna Felicia Williams; Lakeisha Felicia Dyer, Personal Representative of the Estate of Dai-Jah Armani Dyer, deceased minor, and Individually, as surviving mother of Dai-Jah Armani Dyer; Lincoln Dyer, Individually, as surviving father of Dai- Jah Armani Dyer; Lakeisha Felicia Dyer and Lincoln Dyer, as parents and natural guardians of Desteni Dyer; Vanessa E. Harrison, Personal Representative of the Estate of Kaylin S. Harrison, deceased minor, Individually, on her own behalf, and as surviving mother of Kaylin S. Harrison; Gregory Harrison, Individually, on his own behalf, and as surviving father of Kaylin S. Harrison; and Vanessa E. Harrison and Gregory Harrison as parents and natural guardians of Kayla Harrison, deceased s request for damages related to a fatal, one-car accident that occurred on or 1

2 about August 9, Defendant Continental Tire The Americas, LLC requests this Court to compel production of the subject, companion and spare tires and rims for unsupervised testing and inspection (docket # ). Plaintiffs do not object to producing the requested tangible items, but argue that a representative must be present to ensure the integrity of this critical evidence (docket # ). 1 Defendant replies that many of the cases Plaintiffs cited to support their response are unreported and should not be given weight by this Court pursuant to Maryland Rule 1-104(a). 2 Defendant also maintains that the remaining persuasive authority cited by Plaintiffs is distinguishable from the case sub judice. For the reasons stated herein, Defendant s Motion to Compel is granted in part and denied in part. Plaintiff s Motion for Protective Order is denied. Facts On or about August 9, 2007, Plaintiffs were involved in a single vehicle automobile accident that resulted in fatalities to multiple passengers. Plaintiffs allege that one of the rear tires on the subject vehicle caused or contributed to the accident and that Defendant negligently designed and/or manufactured this tire. Plaintiffs proffer that prior to the instant dispute over access to the subject, companion and spare tires and rims Defendant had possession of those items for approximately seven months beginning in November Plaintiffs contend that an unsupervised inspection is unreasonable as they bear the burden of persuasion and resist relinquishing critical evidence for further testing without supervision. It is Defendant s position that fairness dictates that it should have the same opportunity that 1 This pleading is also docketed at # Defendant s Reply in Support of Motion to Compel Production of the Subject, Companion and Spare Tires and Rims and Opposition to Plaintiffs Motion for Protective Order was properly filed on December 28, 2011, but has not yet been docketed. 2

3 Plaintiffs had to conduct unsupervised testing and that permitting Plaintiffs representative to be present during testing may result in the divulgence of attorney work-product. Analysis The purpose of the [discovery] rules is to expedite the disposition of cases by eliminating, as far as possible, the necessity of any party to litigation going to trial in a confused or muddled state of mind, concerning the facts that gave rise to litigation. Ehrlich v. Grove, 396 Md. 550, 560 (2007) (internal citations omitted). However, Maryland has not addressed the issue of whether a party may have a representative present during the opposition s non-destructive testing of tangible evidence. Maryland s discovery rules are closely patterned after the Federal discovery rules and it is appropriate to look to those rules for guidance in interpreting the Maryland Rules. Gonzales v. Boas, 162 Md. App. 344, 359 n. 11 (Md. Ct. Spec. App. 2005). See also Bartell v. Bartell, 278 Md. 12, 18 (1976). Both Maryland Rule 2-422(b) and Federal Rule of Civil Procedure 34(b)(1) state that a request for tangible evidence must specify a reasonable time, place, and manner for the inspection and for performing the related acts. See also Pleasant v. Pleasant, 97 Md. App. 711, 732 (1993) ( [Maryland Rule 2-422] is derived in part from Rule 34 of the Federal Rules of Civil Procedure. ). Thus, federal court decisions interpreting F. R. Civ. Proc. 34(b)(1) provide guidance to this Court. Parameters and limitations for discovery may be imposed. Maryland Rule Protective orders may be issued to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. Tanis v. Crocker, 110 Md. App. 559 (Md. Ct. Spec. App. 1996). Conclusory statements alone are insufficient to mandate the issuance of a protective order; the moving party must show injustice, prejudice, or consequential harm that will result if protection 3

4 is denied. Id. at 576. Conversely, a motion to compel may be granted where there has been a failure of discovery. Maryland Rule 2-432(b). Discovery disputes are generally fact specific and this Court is vested with wide discretion in applying and interpreting the discovery rules. Baltimore Transit Co. v. Mezzanotti, 227 Md. 8 (1961); Kelch v. Mass Transit Admin., 287 Md. 223 (1980). See also Pro Billiards Tour Ass'n v. R.J. Reynolds Tobacco Co., 187 F.R.D. 229, 230 (M.D.N.C. 1999) ( Protective orders sought under [the corresponding federal rule] which seek to regulate the terms, conditions, time or place of discovery are wholly within the court's discretion. ). Plaintiffs have not shown that they are entitled to a protective order. Defendant must have the same opportunity to prepare for trial that Plaintiffs had, including the right to conduct unsupervised tests on the evidence at issue. The federal courts agree. In Hajek v. Kumho Tire, Co., 2009 WL (D. Ned. 2009), a case nearly identical to this, the court held that Plaintiffs experts performed their work outside the presence of defendants counsel or their experts. The plaintiffs have submitted no evidence to justify requiring defendants experts to obtain plaintiffs prior approval of any contemplated nondestructive testing and to perform such testing under plaintiffs direct supervision and recording, while plaintiffs experts were not subject to such scrutiny. The plaintiffs may own the tires and rims at issue, but upon filing this lawsuit, the tires and rims became pivotal evidence upon which all parties are equally entitled to perform testing and inspection. Id. at *4-5. Here too, the tires and rims have become pivotal evidence that Plaintiffs were free to examine without supervision. Contrary to Plaintiffs request, Defendant should not be subject to scrutiny that did not apply to them. Plaintiffs argue that where the disputed evidence is the basis of the claim, they have a right to be present to ensure that the evidence is not damaged or lost. See Klick v. R.D. Werner 4

5 Co., 38 Ill.App.3d 575, 578, 348 N.E.2d 314, (Ill. App. Ct. 1976). In Klick, a products liability action, the court granted the plaintiff s request to have a representative present during the defendant s non-destructive testing of evidence at the core of the plaintiff s case. The court reasoned that the disputed evidence belonged to the plaintiff and that the attorney in that case had the right and duty to his client to control it so it will not be damaged or tampered with in any way. Id. Although Klick also has similar facts to the present dispute, the reasoning of the federal court in Hajek is persuasive. Upon filing the instant action, Plaintiffs relinquished exclusive control of the tires and rims at issue. These items may be essential for Plaintiffs to prove their case, but Defendant has an equal right to conduct unsupervised tests. Indeed, [i]n general, each party should be free to engage in its own trial preparation unhampered by the intrusive supervision of the opposing party. Diepenhorst v. City of Battle Creek, 2006 WL , 1 (W.D. Mich. 2006). Plaintiffs are understandably concerned about the integrity of the tires and rims at issue herein; their case is centered on this evidence. However, there are less burdensome methods to ensure the safety of these items than permitting a representative to be present during Defendant s testing. The tests and examinations proposed by Defendant are non-destructive, leaving these items unchanged and in their current state. It is undisputed that the examination and photography will not alter the physical condition of the tire or related parts. Def. s Motion to Compel Production of the Subject, Companion and Spare Tires and Rims, Ex. G, Supp. Aff. of Dennis Bible, 8. (hereinafter, Def. s Motion) Among other techniques, Defendant contemplates using specialized equipment to measure and photograph the tires and related parts, as well as dismounting the subject tire from its rim as Plaintiffs expert did. Def. s Motion, 5. 5

6 Plaintiffs make conclusory statements regarding potential damage or alteration that may result from Defendant s testing, but the procedural safeguards implemented by the accompanying Order are sufficient to placate their trepidations and protect the evidence at issue. Defendant s experts testing is also protected work-product, which cannot be divulged absent a showing of substantial need for the materials and undue hardship to obtain the substantial equivalent of the materials by other means. Maryland Rule In Shoemaker v. General Motors Corp., the plaintiff also claimed entitlement to be present during defendant s experts testing in preparation for litigation. Disagreeing with plaintiff s assertion, the court stated The decision of what to test and how is essentially a working-out of the defendant s interpretation of facts and testing of its defenses. Those processes involve either the attorney s mental processes or the opinions of consulting experts. Both are protected. Shoemaker v. General Motors Corp., 154 F.R.D. 235, 236 (W.D.Mo. 1994). Plaintiffs have not made the requisite showing to mandate their representative s presence at Defendant s testing. For the foregoing reasons, Defendant s Motion to Compel is GRANTED IN PART AND DENIED IN PART. Plaintiff s Motion for Protective Order is DENIED. Ordered this 3 rd day of January Judge Audrey J.S. Carrion Case No.: 24-C cc: Michael J. Halaiko, Esquire Timothy L. Mullin, Jr., Esquire Brian W. Casto, Esquire Miles & Stockbridge P.C. 6

7 10 Light Street Baltimore, Maryland Counsel for Defendants, Continental Tire The Americas, LLC; Continental Tire North America, Inc.; Continental General Tire, Inc.; General Tire, Inc.; Gen Corp, Inc.; and General Tire International Co. Daniel B. Weiss, Esquire Thorton Davis & Fein, P.A. Crickell Bayview Centre 80 SW 8 th Street, Suite 2900 Miami, Florida Counsel for Defendants, Continental Tire The Americas, LLC; Continental Tire North America, Inc.; and Gencorp, Inc. Jeffrey S. Goldstein, Esquire Bertram M. Goldstein, Esquire Jeffrey S. Goldstein, P.A Little Patuxent Parkway, Suite 332 Columbia, Maryland Counsel for Plaintiffs Skip E. Lynch, Esquire Bruce R. Kaster, Esquire Kaster & Lynch, P.A. 125 NE 1 st Avenue, Suite 3 Ocala, Florida Counsel for Plaintiffs John Solter, Jr., Esquire Jonathon A. Azrael, Esquire Azrael Gann & Franz, LLP 101 East Chesapeake Avenue, 5 th Floor Towson, Maryland Counsel for Defendants, Norman J. Emanuel; Emanuel Tire Company, LLC; Emanuel Tire Collection of Maryland, LLC; Emanuel Tire Management Company of Maryland, LLC; Emanuel Tire Company of Pennsylvania, Inc.; Emanuel Tire Transportation, LLC; Emanuel Tire Wholesale of Maryland, LLC; and Emanuel Tire at Hollins Ferry, LLC John P. Stabile, Esquire 6 St. Paul Street, Suite 2201 Baltimore, Maryland Counsel for Defendants, Norman J. Emanuel; Emanuel Tire Company, LLC; Emanuel Tire Collection of Maryland, LLC; Emanuel Tire Management Company of Maryland, LLC; Emanuel Tire Company of Pennsylvania, Inc.; Emanuel Tire Transportation, LLC; Emanuel Tire Wholesale of Maryland, LLC; and Emanuel Tire at Hollins Ferry, LLC David W. Spicer, Esquire 1100 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida Counsel for Plaintiffs Stephen K Miller, Esquire 101 Northwest 75 th Street, Suite # 1 Gainesville, Florida

8 Counsel for Plaintiffs Via facsimile and U.S. mail 8

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SANDRA H. DEYA and EDWIN DEYA, individually and as next friends and natural

More information

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227

More information

Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9

Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 MARY SOWELL et al., Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION Page 1 of

More information

Case 1:06-cv-00429-ACK-BMK Document 110 Filed 07/17/07 Page 1 of 10 PageID #: 3465 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Case 1:06-cv-00429-ACK-BMK Document 110 Filed 07/17/07 Page 1 of 10 PageID #: 3465 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII Case 1:06-cv-00429-ACK-BMK Document 110 Filed 07/17/07 Page 1 of 10 PageID #: 3465 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII LAWYERS TITLE INSURANCE CORPORATION, v. Plaintiff, CHARO

More information

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. (FILED: March 30, 2011) IN RE: ALL INDIVIDUAL KUGEL : Master Docket No. PC 08-9999 MESH CASES :

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. (FILED: March 30, 2011) IN RE: ALL INDIVIDUAL KUGEL : Master Docket No. PC 08-9999 MESH CASES : STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. (FILED: March 30, 2011) SUPERIOR COURT IN RE: ALL INDIVIDUAL KUGEL : Master Docket No. PC 08-9999 MESH CASES : BARBARA BROKAW : : v. : C.A.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY WESTFIELD INSURANCE ) COMPANY, INC., ) Plaintiff, ) v. ) C.A. No. N14C-06-214 ALR ) MIRANDA & HARDT ) CONTRACTING AND BUILDING

More information

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court

More information

Case 5:05-cv-00202-FPS-JES Document 353 Filed 02/19/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

Case 5:05-cv-00202-FPS-JES Document 353 Filed 02/19/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA Case 5:05-cv-00202-FPS-JES Document 353 Filed 02/19/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA CSX TRANSPORTATION, INC., Plaintiff, v. Civil Action

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LUZ RIVERA AND ABRIANNA RIVERA Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. RONALD MANZI Appellee No. 948 EDA 2015 Appeal from the Order

More information

Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ATS INTERMODAL, LLC, a corporation; GARLAND B. BEASLEY;

More information

Case 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 E. JENNIFER NEWMAN, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 09-21435-Civ-COOKE/TURNOFF vs. Plaintiff

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JOAN FALLOWS KLUGE, Plaintiff, v. Civil No. L-10-00022 LIFE INSURANCE COMPANY OF NORTH AMERICA Defendant. MEMORANDUM Plaintiff, Joan Fallows

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY NICOLE B. VERRASTRO, as Surviving ) Daughter of Bridget E. Verrastro, and ) CHRISTOPHER GIERY as the Executor of the ) Estate

More information

Case 2:13-cv-02137-JAR Document 168 Filed 02/03/15 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:13-cv-02137-JAR Document 168 Filed 02/03/15 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:13-cv-02137-JAR Document 168 Filed 02/03/15 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MELISSA STONEBARGER, KIATONA TURNER, AND THERMAN TURNER, JR., Plaintiffs, Case

More information

DISCOVERY IN BAD FAITH CASES

DISCOVERY IN BAD FAITH CASES DISCOVERY IN BAD FAITH CASES Barbara A. O Brien A. The Tort of Bad Faith Bad faith is a separate tort from breach of contract. Anderson v. Continental Ins. Co., 85 Wis.2d 675, 686, 271 N.W.2d 368 (1978).

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY DANIEL R. SOUTH, : : Plaintiff, : : v. : : STATE FARM MUTUAL : AUTOMOBILE INSURANCE : COMPANY, a foreign corp., : : Defendant. : Submitted:

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:11-cv-162-FtM-36SPC ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:11-cv-162-FtM-36SPC ORDER GAVIN'S ACE HARDWARE, INC., UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Plaintiff, -vs- Case No. 2:11-cv-162-FtM-36SPC FEDERATED MUTUAL INSURANCE COMPANY, Defendant. ORDER

More information

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Case 3:13-cv-30138-MGM Document 100 Filed 08/12/14 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS PREFERRED MUTUAL INSURANCE COMPANY, Plaintiff, v. Civil Action No. 13-30138-MGM LEONARD

More information

v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O

v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ELOURDE COLIN, Appellant, v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O PROGRESSIVE AMERICAN INSURANCE

More information

Case 1:06-cv-22273-SH Document 23 Entered on FLSD Docket 09/25/07 13:02:36 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:06-cv-22273-SH Document 23 Entered on FLSD Docket 09/25/07 13:02:36 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1:06-cv-22273-SH Document 23 Entered on FLSD Docket 09/25/07 13:02:36 Page 1 LAWRENCE KATT, M.D., individually, and on behalf of all others similarly situated, v. Plaintiffs, UNITED STATES DISTRICT

More information

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) CITY OF LINCOLN V. DIAL REALTY DEVELOPMENT NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS CARGILL MEAT SOLUTIONS CORPORATION, v. Plaintiff, PREMIUM BEEF FEEDERS,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Goodridge v. Hewlett Packard Company Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARLES GOODRIDGE, Plaintiff, v. CIVIL ACTION H-07-4162 HEWLETT-PACKARD

More information

Case 1:09-cv-01711-WDQ Document 24 Filed 12/17/09 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION

Case 1:09-cv-01711-WDQ Document 24 Filed 12/17/09 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION Case 1:09-cv-01711-WDQ Document 24 Filed 12/17/09 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION RICHTER CORNBROOKS GRIBBLE INC. Plaintiff, v. CIVIL NO.:

More information

CASE 0:11-cv-00841-ADM-AJB Document 84 Filed 01/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CASE 0:11-cv-00841-ADM-AJB Document 84 Filed 01/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CASE 0:11-cv-00841-ADM-AJB Document 84 Filed 01/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Midas Life Settlements, LLC, Plaintiff, MEMORANDUM OPINION v. AND ORDER Civil No. 11-841

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.

More information

Plaintiff * U.S. District Court for the Southern District of Florida v. * West Palm Beach

Plaintiff * U.S. District Court for the Southern District of Florida v. * West Palm Beach Silvers v. Google, Inc. Doc. 1 Case 1:06-cv-02658-WMN Document 1 Filed 10/10/2006 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR MARYLAND STEVEN A. SILVERS * Plaintiff * U.S. District Court for the

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM v. CLARA DEES DATE OF JUDGMENT: 01/22/2013 TRIAL JUDGE: HON. ISADORE W. PATRICK, JR.

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY DIANE ANNESTELLA, : : Plaintiff, : : v. : : GEICO GENERAL INSURANCE : COMPANY, a foreign corporation, : NATIONWIDE MUTUAL : INSURANCE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION RAY BRUNSON AND MARY BRUNSON, Plaintiffs, vs. No. 07-2320-MaV STATE FARM FIRE AND CASUALTY, COMPANY, Defendant.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MARYLAND ACCOUNTING SERVICES, INC., et al. Plaintiffs, v. Case No. CCB-11-CV-00145 CONTINENTAL CASUALTY COMPANY, Defendant. MEMORANDUM Plaintiffs

More information

NOW COMES Defendant, Daniel W. Tuttle ( Mr. Tuttle ), by and through counsel, and

NOW COMES Defendant, Daniel W. Tuttle ( Mr. Tuttle ), by and through counsel, and NORTH CAROLINA DAVIDSON COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 06 CVS 948 AZALEA GARDEN BOARD & CARE, INC., Plaintiff, v. MEREDITH DODSON VANHOY, Personal Representative of the

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Document Page 1 of 8 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: MICHAEL TODD CHRISLEY, Chapter 7 Case No. 13-56132-MGD Debtor. JASON L. PETTIE, CHAPTER 7 TRUSTEE

More information

Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7

Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7 Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7 COMMODITY FUTURES TRADING COMMISSION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE HONORABLE ROBERT

More information

FOCUS - 130 of 497 DOCUMENTS

FOCUS - 130 of 497 DOCUMENTS Page 1 FOCUS - 130 of 497 DOCUMENTS NICOLE TERRY, Personal Representative of the Estate of John Hunter Wellman, Jr., Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY and DEBORAH A. WELLMAN, Defendants.

More information

Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8

Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8 Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION SPINE SOLUTIONS, INC., a Delaware Corporation,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. GREEN, S.J. September, 1999

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. GREEN, S.J. September, 1999 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CONNECTICUT GENERAL LIFE INSURANCE COMPANY Plaintiff, CIVIL ACTION v. No. 96-CV-4598 PATRICIA M. CURRY KELLY, et al., Defendants.

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS MARJORIE KOSTER, Personal Representative of FOR PUBLICATION the Estate of DOUGLAS W. KOSTER, Deceased, December 26, 2000 and CLYDE MUNSELL, Personal Representative 9:40

More information

Plaintiffs, * CIRCUIT COURT. CHARLES L. SCHNEE, M.D., et al., * BALTIMORE CITY, PART 23. Defendants. * Case No.: 24-C-10-008951

Plaintiffs, * CIRCUIT COURT. CHARLES L. SCHNEE, M.D., et al., * BALTIMORE CITY, PART 23. Defendants. * Case No.: 24-C-10-008951 JOHN M. ALDAVE, et al., * IN THE Plaintiffs, * CIRCUIT COURT v. * FOR CHARLES L. SCHNEE, M.D., et al., * BALTIMORE CITY, PART 23 Defendants. * Case No.: 24-C-10-008951 * * * * * * * * * * * * MEMORANDUM

More information

jurisdiction is DENIED and plaintiff s motion for leave to amend is DENIED. BACKGROUND

jurisdiction is DENIED and plaintiff s motion for leave to amend is DENIED. BACKGROUND IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 1 1 1 1 TRICIA LECKLER, on behalf of herself and all others similarly situated v. Plaintiffs, CASHCALL, INC., Defendant. /

More information

Case 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Case 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Case 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CRYSTAL WILLIAMS * * v. * Case No. CCB-10-2583 * TRAVCO INSURANCE CO. * ******

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-80374-CIV-COHN/SELTZER ORDER DENYING MOTION TO DISQUALIFY DEFENSE COUNSEL

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-80374-CIV-COHN/SELTZER ORDER DENYING MOTION TO DISQUALIFY DEFENSE COUNSEL PHARMA SUPPLY, INC., v. Plaintiff, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-80374-CIV-COHN/SELTZER MITCHELL A. STEIN and STEIN LAW, P.C., Defendants. / ORDER DENYING MOTION

More information

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER Case 0:10-cv-00772-PAM-RLE Document 33 Filed 07/13/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ideal Development Corporation, Mike Fogarty, J.W. Sullivan, George Riches, Warren Kleinsasser,

More information

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES MEYER, v. Plaintiff, DEBT RECOVERY SOLUTIONS

More information

Defendant: PROGRESSIVE CASUALTY INSURANCE COMPANY COURT USE ONLY Counsel for Plaintiff: Marc R. Levy, #11372

Defendant: PROGRESSIVE CASUALTY INSURANCE COMPANY COURT USE ONLY Counsel for Plaintiff: Marc R. Levy, #11372 GRANTED Movant shall serve copies of this ORDER on any pro se parties, pursuant to CRCP 5, and file a certificate of service with the Court within 10 days. Dated: May 27, 2010 DISTRICT COURT, CITY AND

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Franke v. Bridgepoint Education, Inc. et al Doc. 1 1 1 1 1 0 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA In re BRIDGEPOINT EDUCATION, INC., SECURITIES LITIGATION Civil No. 1cv JM (JLB)

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE RICHARD CLINTON, Individually, and as the Administrator of the Estate No. 208, 2009 of Kelly Clinton, Court Below Superior Court Plaintiff Below, Appellant,

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Judgment Rendered December 28 2006. Appealed from the Nineteenth Judicial District Court. Attorneys for Plaintiff Appellant

Judgment Rendered December 28 2006. Appealed from the Nineteenth Judicial District Court. Attorneys for Plaintiff Appellant NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2006 CA 0451 LISSETTE SAVOY MENENDEZ AS THE APPOINTED NATURAL TUTRIX OF VANESSA SAVOY VERSUS MICHAEL B O NIELL FRIENDS

More information

Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PHL VARIABLE INSURANCE COMPANY, Plaintiff, vs. Case No. 3:09-cv-1222-J-34JRK

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA PROGRESSIVE AMERICAN INSURANCE COMPANY, CASE NO.: 2014-CV-000079-A-O Lower Case No.: 2012-SC-002127-O Appellant, v.

More information

THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ATLANTIC STATES INSURANCE : February Term 2004 COMPANY, : Plaintiff, : No. 2642 v. : PATRICK

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : : : : : : : : :

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : : : : : : : : : IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PLAINTIFF, Successor-in-Interest to Plaintiff, vs. DEFENDANT, Defendant. CIVIL ACTION NO. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S

More information

Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SUZANNE BUTLER, Individually and as : Administratrix of the Estate

More information

to Consolidate, ECF No. 13,1 filedon August 21, 2014. Therein, Sprinkle argued that this Court

to Consolidate, ECF No. 13,1 filedon August 21, 2014. Therein, Sprinkle argued that this Court Case 2:14-cv-00251-LRL Document 21 Filed 09/23/14 Page 1 of 7 PageID# 98 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division UNITED STATES OF AMERICA, for the use ofsprinkle

More information

case 2:09-cv-00201-WCL-APR document 19 filed 10/26/09 page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

case 2:09-cv-00201-WCL-APR document 19 filed 10/26/09 page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION case 2:09-cv-00201-WCL-APR document 19 filed 10/26/09 page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION ANDRE CHEAIRS, ) ) Plaintiff, ) ) v. ) Cause No.: 2:09-CV-201

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEMORANDUM OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEMORANDUM OPINION AND ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION Kimlyn Cline Plaintiff, v. Advanced Medical Optics, Inc., Defendant. CIVIL ACTION NO. 2:08-CV-62 (TJW) MEMORANDUM

More information

United States Bankruptcy Court District of South Dakota

United States Bankruptcy Court District of South Dakota United States Bankruptcy Court District of South Dakota Charles L. Nail, Jr. Bankruptcy Judge Case: 06-05023 Document: 19 Filed: 11/01/06 Page 1 of 6 Federal Building and United States Post Office Telephone:

More information

Case 2:04-cv-01053-HGB-DEK Document 190 Filed 07/25/07 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO.

Case 2:04-cv-01053-HGB-DEK Document 190 Filed 07/25/07 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO. Case 2:04-cv-01053-HGB-DEK Document 190 Filed 07/25/07 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SCOTTSDALE INSURANCE COMPANY CIVIL ACTION VERSUS NO. 04-1053 EDUCATION MANAGEMENT,

More information

Case 2:11-cv-01174-TS-PMW Document 257 Filed 02/03/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

Case 2:11-cv-01174-TS-PMW Document 257 Filed 02/03/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION Case 2:11-cv-01174-TS-PMW Document 257 Filed 02/03/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION SALT LAKE CITY CORPORATION, a Utah municipal corporation;

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. v. * Civil Action No.: RDB 10-1895 MEMORANDUM OPINION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. v. * Civil Action No.: RDB 10-1895 MEMORANDUM OPINION Joel I. Sher, Chapter 11 Trustee, * IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Plaintiff, * v. * Civil Action No.: RDB 10-1895 SAF Financial, Inc., et al., * Defendants. * * * * *

More information

Tkaczyk v 337 E. 62nd LLC 2015 NY Slip Op 31522(U) August 11, 2015 Supreme Court, New York County Docket Number: 160264/2013 Judge: Cynthia S.

Tkaczyk v 337 E. 62nd LLC 2015 NY Slip Op 31522(U) August 11, 2015 Supreme Court, New York County Docket Number: 160264/2013 Judge: Cynthia S. Tkaczyk v 337 E. 62nd LLC 2015 NY Slip Op 31522(U) August 11, 2015 Supreme Court, New York County Docket Number: 160264/2013 Judge: Cynthia S. Kern Cases posted with a "30000" identifier, i.e., 2013 NY

More information

Northern Insurance Company of New York v. Resinski

Northern Insurance Company of New York v. Resinski MONTGOMERY COUNTY LAW REPORTER 140-301 2003 MBA 30 Northern Ins. Co. of New York v. Resinski [140 M.C.L.R., Part II Northern Insurance Company of New York v. Resinski APPEAL and ERROR Motion for Summary

More information

Case 2:08-cv-83111-ER Document 55 Filed 01/04/10 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:08-cv-83111-ER Document 55 Filed 01/04/10 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:08-cv-83111-ER Document 55 Filed 01/04/10 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA REGINALD DENT : CONSOLIDATED : MDL 875 v. : : EDPA CIVIL ACTION

More information

Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES E. TOMLINSON and DARLENE TOMLINSON, his wife, v. Plaintiffs,

More information

Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ONEIDA NATION OF NEW YORK, Plaintiff, v. Civil Action No. 6:10-CV-1071

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS WYOMING CHIROPRACTIC HEALTH CLINIC, PC, Plaintiff-Appellee, FOR PUBLICATION December 9, 2014 9:00 a.m. v No. 317876 Wayne Circuit Court AUTO-OWNERS INSURANCE COMPANY,

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY JAMES B. ADAMS, ) ) Plaintiff, ) ) v. ) ) LESTER GRIFFIN, ) ) Defendant. ) Submitted: August 8, 2014 Decided: Craig T. Eliassen, Esq.,

More information

1 of 2 DOCUMENTS. Vasquez v. California School of Culinary Arts, Inc. No. B250600

1 of 2 DOCUMENTS. Vasquez v. California School of Culinary Arts, Inc. No. B250600 Page 1 1 of 2 DOCUMENTS Vasquez v. California School of Culinary Arts, Inc. No. B250600 COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO 230 Cal. App. 4th 35; 2014 Cal. App. LEXIS

More information

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST NATIONAL BANK OF NEVADA,

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST NATIONAL BANK OF NEVADA, FEDERAL DEPOSIT INSURANCE CORP. Jeffrey A. Sandell, Arizona State Bar No. 020658 E-mail: jsandell@fdic.gov Bob J. Rogers, Texas State Bar No. 17163400 Email: brogers@fdic.gov 1601 Bryan St., 15th Floor

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, UNPUBLISHED August 20, 2015 Plaintiff/Counter-Defendant- Appellee, v No. 320710 Oakland Circuit Court YVONNE J. HARE,

More information

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY [Cite as Joyce v. Rough, 2009-Ohio-5731.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY Rosemary S. Joyce, Individually and as Administratrix of the Estate of Edward M. Joyce Court

More information

IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY ATTORNEYS LIABILITY PROTECTION ) SOCIETY, INC., a Risk Retention Group, ) ) Plaintiff / Counterclaim ) Defendant, ) ) v. ) ) JAY

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Vasquez v. Cal. School of Culinary Arts CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions

More information

RICHARD EDWARDS, SR. et al., Plaintiffs and Appellants, v. FIRE INSURANCE EXCHANGE, Defendant and Respondent. D050041

RICHARD EDWARDS, SR. et al., Plaintiffs and Appellants, v. FIRE INSURANCE EXCHANGE, Defendant and Respondent. D050041 Page 1 RICHARD EDWARDS, SR. et al., Plaintiffs and Appellants, v. FIRE INSURANCE EXCHANGE, Defendant and Respondent. D050041 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE 2008

More information

THE STATE OF NEW HAMPSHIRE

THE STATE OF NEW HAMPSHIRE THE STATE OF NEW HAMPSHIRE ROCKINGHAM COUNTY SUPERIOR COURT Docket No.: 08-C-794 Caroline McMullen v. Donald L. Lamoureux ORDER In this motor vehicle personal injury case, the plaintiff, Caroline McMullen

More information

Case 2:11-cv-02555-RDR-KGS Document 90 Filed 04/16/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS.

Case 2:11-cv-02555-RDR-KGS Document 90 Filed 04/16/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. Case 2:11-cv-02555-RDR-KGS Document 90 Filed 04/16/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS PAULA M. MARS Executor of the estate of Mindy Knopf, Plaintiff, v. Case

More information

APPEAL FROM THE CIRCUIT COURT OF LACLEDE COUNTY. Honorable G. Stanley Moore, Circuit Judge

APPEAL FROM THE CIRCUIT COURT OF LACLEDE COUNTY. Honorable G. Stanley Moore, Circuit Judge JOSEPH SMITH, ) ) Plaintiff-Respondent, ) ) vs. ) No. SD33341 ) MARYLAND CASUALTY COMPANY, ) Filed: Jan. 23, 2015 ) Defendant-Appellant, ) ) and ANDREW SHAYATOVICH, ) ) Defendant-Respondent. ) APPEAL FROM

More information

Summary Judgment Standard

Summary Judgment Standard McClure v. Banse & Banse, P.C., No. 938-12-08 Rdcv (Cohen, J., Feb. 18, 2010 [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the

More information

DEPARTMENTAL APPEALS BOARD

DEPARTMENTAL APPEALS BOARD Department of Health and Human Services DEPARTMENTAL APPEALS BOARD Appellate Division In the Case of: The Physicians Hospital in Anadarko, Petitioner, - v. - Centers for Medicare & Medicaid Services. DATE:

More information

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 01/23/14. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2014 IL App (5th) 120588-U NO. 5-12-0588

More information

Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7

Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7 Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ) LEAGUE OF WOMEN VOTERS ) OF OHIO, et al., ) Plaintiffs,

More information

Case 1:13-cv-00796-RPM Document 23 Filed 02/18/14 USDC Colorado Page 1 of 9

Case 1:13-cv-00796-RPM Document 23 Filed 02/18/14 USDC Colorado Page 1 of 9 Case 1:13-cv-00796-RPM Document 23 Filed 02/18/14 USDC Colorado Page 1 of 9 Civil Action No. 13-cv-00796-RPM MICHAEL DAY KEENEY, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior

More information

v. Civil Action No. 10-865-LPS

v. Civil Action No. 10-865-LPS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GIAN BIOLOGICS, LLC, Plaintiff, v. Civil Action No. 10-865-LPS BIOMET INC. and BIOMET BIOLOGICS, LLC, Defendants. MEMORANDUM ORDER At Wilmington

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3601 J.E. Jones Construction Co.; The Jones Company Custom Homes, Inc., Now known as REJ Custom Homes, Plaintiffs - Appellants, v. Appeal from

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY THE ESTATE OF ERIC GIVENS, SHERRIE GIVENS as Administratrix of The Estate of Eric Givens, MARK GIVENS and SHERRIE GIVENS, as

More information

2015 IL App (2d) 141168-U No. 2-14-1168 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

2015 IL App (2d) 141168-U No. 2-14-1168 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT No. 2-14-1168 Order filed October 15, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule

More information

Case 5:11-cv-00360-OLG-JES-XR Document 1130 Filed 07/09/14 Page 1 of 5

Case 5:11-cv-00360-OLG-JES-XR Document 1130 Filed 07/09/14 Page 1 of 5 Case 5:11-cv-00360-OLG-JES-XR Document 1130 Filed 07/09/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, ET AL, Plaintiffs, v. RICK

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROSCOE FRANKLIN CIVIL ACTION NO. 02-3359 v. GENERAL ELECTRIC CAPITAL ASSURANCE COMPANY O Neill, J. November 9, 2004 MEMORANDUM

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA. v. Civil Action No. 13-cv-861

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA. v. Civil Action No. 13-cv-861 Case 1:13-cv-00861-TDS-JEP Document 89 Filed 04/15/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA UNITED STATES OF AMERICA, Plaintiff, THE STATE OF NORTH CAROLINA,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO. 14-615 TORUS SPECIALTY INSURANCE CO., ET AL.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO. 14-615 TORUS SPECIALTY INSURANCE CO., ET AL. Case 2:14-cv-00615-JTM-SS Document 47 Filed 06/16/15 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DELLA CUPPS, ET AL. CIVIL ACTION VERSUS NO. 14-615 TORUS SPECIALTY INSURANCE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION STEVEN MORRIS, individually, as surviving spouse of Patricia Morris, deceased, and as the Administrator of the Estate

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Case 1:13-cv-00046-CCE-LPA Document 24 Filed 01/06/14 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES D. FOWLER, ) ) Plaintiff, ) ) v. ) Case No.: 08-cv-2785 ) UNITED STATES OF AMERICA, ) Judge Robert M. Dow,

More information

Case 2:05-cv-05148-DRD-MAS Document 98 Filed 06/30/08 Page 1 of 8 PageID: 1595 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 2:05-cv-05148-DRD-MAS Document 98 Filed 06/30/08 Page 1 of 8 PageID: 1595 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 205-cv-05148-DRD-MAS Document 98 Filed 06/30/08 Page 1 of 8 PageID 1595 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY STEPHEN W. LEIBHOLZ, Civil Action No. 05-5148 (DRD)

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: MARK D. GERTH Kightlinger & Gray, LLP Indianapolis, Indiana KENNETH W. HEIDER Greenwood, Indiana ATTORNEYS FOR APPELLEE: W. BRENT THRELKELD DANIEL B. STRUNK Threlkeld

More information