Escolar Documentos
Profissional Documentos
Cultura Documentos
Matthew W. Melton
NORRIS CHOPLIN & SCHROEDER
LLP
101 West Ohio Street
Ninth Floor
Indianapolis, IN 46204
(317) 269-9330
Fax: (317) 269-9338
Email: mmelton@ncs-law.com
ATTORNEY TO BE NOTICED
Peter A. Schroeder
NORRIS CHOPLIN & SCHROEDER
LLP
101 West Ohio Street
Ninth Floor
Indianapolis, IN 46204
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(317) 269-9330
Fax: (317) 269-9338
Email: pschroeder@ncs-law.com
ATTORNEY TO BE NOTICED
V.
Defendant
BOMBARDIER, INC. represented by Eric L. Kirschner
doing business as BECKMAN, KELLY & SMITH
Bombardier Motor Corporation of 5920 Hohman Ave
America Hammond, IN 46320
doing business as (219)933-6200
Bombardier Recreational Products Email: ekirschner@bkslegal.com
doing business as ATTORNEY TO BE NOTICED
Bombardier Recreational Products, Inc.
doing business as Julie R. Murzyn
BRP US INC. BECKMAN KELLY & SMITH
5920 Hohman Avenue
Hammond, IN 46320-2423
(219) 933-6200
Fax: (219) 933-6201
Email: jmurzyn@bkslegal.com
ATTORNEY TO BE NOTICED
R. Bryan Martin
HAIGHT BROWN & BONESTEEL,
LLP
6080 Center Drive
Suite 800
Los Angeles, CA 90045
PRO HAC VICE
ATTORNEY TO BE NOTICED
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Defendant
BOMBARDIER MOTOR represented by Eric L. Kirschner
CORPORATION OF AMERICA (See above for address)
ATTORNEY TO BE NOTICED
Julie R. Murzyn
(See above for address)
ATTORNEY TO BE NOTICED
R. Bryan Martin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Defendant
BRP US INC. represented by Eric L. Kirschner
(See above for address)
ATTORNEY TO BE NOTICED
Julie R. Murzyn
(See above for address)
ATTORNEY TO BE NOTICED
R. Bryan Martin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
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01/19/2007 141 ENTRY on Final Pretrial Conference and SCHEDULING ORDER; taking
under advisement 54 Motion; denying 56 Motion; taking under advisement 57
Motion; denying in part and taking part under advisement 58 Motion; granting
in part and denying in part 66 Motion in Limine; denying 69 Motion in Limine;
denying 71 Motion in Limine; taking under advisement 73 Motion in Limine;
granting 74 Motion in Limine; denying 79 Motion in Limine; denying 81
Motion in Limine; denying 82 Motion in Limine; granting 84 Motion in
Limine; granting 87 Motion in Limine; granting 88 Motion in Limine; denying
92 Motion in Limine; granting 94 Motion in Limine; taking under advisement
96 Motion in Limine; granting 99 Motion in Limine. SCHEDULING
ORDER: Jury trial date set for 1/22/2007 is VACATED and RESET for
5/4/2007 at 9:00 a.m. (jury selection). (Alternate jury trial date is 8/20/2007
at 9:00 a.m.) Status Conference set for 4/20/2007 12:00 PM in Telephonic
before Judge David Frank Hamilton. Signed by Judge David Frank
Hamilton on 1/19/2007. (LSC) (Entered: 01/19/2007)
02/01/2007 142 MOTION for Extension of Time to Extension Until February 16, 2007, filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, INC.., (Attachments: # 1 Text of Proposed Order)
(Martin, William) (Entered: 02/01/2007)
02/02/2007 143 ORDER granting defts' 142 Motion for Extension of Time to File supplemental
brief to 2/16/2007. Signed by Judge David Frank Hamilton on 2/2/2007. (LSC)
(Entered: 02/02/2007)
02/16/2007 144 Submission - Further Breifing On The Admissibility Of Data From The
Consumer Product Safety Commission Regarding ATV Injuries, filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, INC.., (Attachments: # 1 Exhibit A# 2 Exhibit B# 3
Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit
H)(Martin, William) Modified on 2/20/2007 (LSC). (Entered: 02/16/2007)
02/26/2007 145 Unopposed MOTION for Extension of Time to March 19, 2007 to Respond to
Defendants' Brief on the Admissibility of Data from the Consumer Product
Safety Commission (Doc. #144), filed by Plaintiff MICHAEL G. SHOTTS, JR.,
(Attachments: # 1 Text of Proposed Order)(Melton, Matthew) (Entered:
02/26/2007)
02/27/2007 146 ORDER granting pltf's 145 Unopposed Motion for Extension of Time to
respond re 144 Submission to 3/19/2007. Signed by Judge David Frank
Hamilton on 2/27/2007. (LSC) (Entered: 02/27/2007)
03/19/2007 147 Submission - Plaintiff's Reply re 144 Bombardier's Further Briefing Regarding
the Admissibility of the CPSC Data, filed by Plaintiff MICHAEL G. SHOTTS,
JR. (Attachments: # 1 Exhibit 1 - Affidavit of William Kitzes)(Schroeder,
Peter) Modified on 3/20/2007 (LSC). (Entered: 03/19/2007)
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03/22/2007 148 MOTION Unopposed Motion of the Bombardier Entities to File Response to
Plaintiff's Reply to Bombardier's Further Briefing Regarding the Admissibility
of the CPSC Data, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Kirschner, Eric) (Entered:
03/22/2007)
03/23/2007 149 ORDER granting 148 Motion of the Bombardier Entities to 04/02/2007 to file
response to plainiff's reply to Bombardier's further briefing regarding the
admissibility of the CPSC data; plaintiff shall file any reply by 04/09/2007.
Signed by Judge David Frank Hamilton on 03/23/2007. (CEB) (Entered:
03/23/2007)
04/02/2007 150 BRIEF/MEMORANDUM in Support re 73 Second MOTION in Limine (The
Bombardier Entities' Response to Plaintiff's Reply to Bombardier's Further
Briefing Regarding the Admissibility of the CPSC Consent Decree and Injury
Data), filed by Defendants Bombardier Motor Corporation of America,
BOMBARDIER MOTOR CORPORATION OF AMERICA, Bombardier
Recreational Products, BRP US Inc., Bombardier Recreational Products,
Bombardier Recreational Products, BOMBARDIER, INC.. (Attachments: # 1
Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit C-1# 5 Exhibit C-2(1)# 6
Exhibit C-2(2)# 7 Exhibit C-3# 8 Exhibit C-4# 9 Exhibit C-5# 10 Exhibit D#
11 Exhibit E# 12 Exhibit F)(Kirschner, Eric) (Entered: 04/02/2007)
04/09/2007 151 Submission of Plaintiff's Final Reply in Support of Plaintiff's Second Motion in
Limine, filed by Plaintiff MICHAEL G. SHOTTS, JR. (Attachments: # 1
Exhibit 1 - Bombardier's March 8, 1999 Letter to the CPSC# 2 Exhibit 2 -
Sample Case Detail from 2004# 3 Exhibit 3 - Page 6 of Breen's Report)
(Schroeder, Peter) (Entered: 04/09/2007)
04/16/2007 152 ENTRY advising of telephone number for conference call scheduled for
04/16/2007. Issued by Judge David Frank Hamilton on 04/16/2007. (CEB)
(Entered: 04/16/2007)
04/16/2007 153 CORRECTIVE ENTRY advising of telephone number for conference call
scheduled for 4/20/2007. Issued by Judge David Frank Hamilton on 4/16/2007.
(LSC) (Entered: 04/16/2007)
04/23/2007 154 ENTRY and SCHEDULING ORDER: Per the 4/20/2007 Telephone
Conference w/the court, the Final Pretrial Conference is RESET for 8/10/2007
at 09:00 AM in room #330 and the Jury Trial is RESET for 8/20/2007 at 09:00
AM in room #344; both before Judge David Frank Hamilton. c/m(LSC)
(Entered: 04/23/2007)
07/24/2007 155 RESPONSE in Opposition re 73 Second MOTION in Limine Citation of
Additional Authorities in Support of Opposition to Plaintiff's Motion in Limine
No. Two (2), filed by Defendants BOMBARDIER MOTOR CORPORATION
OF AMERICA, BRP US Inc., BOMBARDIER, INC.. (Attachments: # 1
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08/20/2007 165 Courtroom Minutes for proceedings held before Judge David Frank Hamilton :
Jury Trial held on 8/20/2007; prospective jurors sworn and examined; jurors
that were selected to try this action sworn; preliminary instructions given;
opening statements presented; Jean-Yves LeBlanc testified; jurors admonished
and permitted to separate; the Court ruled on the parties' objections to certain
exhibits; court adjourned until 0900 on 08/21/2007. (Court Reporter Fred
Pratt.) (CEB) (Entered: 08/20/2007)
08/21/2007 166 Courtroom Minutes for proceedings held before Judge David Frank Hamilton :
Jury Trial continues on 8/21/2007;Stipulation of parties with respect to
admissibility of exhibits stated on the record; upon return of jury to open court,
testimony of Jean-Yves LeBlanc completed; plaintiff presented the testimony
of Kevin Niswonger, Nicholas Shotts, Wade Bartlett, Eric Dube (by
deposition), Dr. Peter Knapp (by video deposition),Jeannot Belanger (by
deposition) and Dr. Michael Coscia (by video deposition); jury admonished
and permitted to separate; court adjourned until 0900 on 8/22/2007. (Court
Reporter Fred Pratt.) (CEB) (Entered: 08/21/2007)
08/21/2007 167 STIPULATION Regarding Admissibility of Exhibits, filed by Defendants
BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP US Inc.,
BOMBARDIER, INC., Plaintiff MICHAEL G. SHOTTS, JR. (Schroeder,
Peter) (Entered: 08/21/2007)
08/22/2007 168 Coutroom Minutes for proceedings held before Judge David Frank Hamilton :
Jury Trial continues on 8/22/2007; Plaintiff presnted the testimony of William
Kitzes, plaintiff, Edward Berla, Michael G. Shotts, Sr., Heather Shotts, Otto
Hofmann and Pauline Shotts; jury admonished and pemitted to separate; court
adjouned until 0900 on 08/23/2007. (Court Reporter Fred Pratt.) (CEB)
(Entered: 08/22/2007)
08/23/2007 169 Courtoom Minutes for proceedings held before Judge David Frank Hamilton :
Jury Trial continues on 8/23/2007; Outside the presence of the jury, plaintiff
sought permission to use an exhibit prepared by Health & Safety Executive
entitled Agricultue Information Sheet No.33; arguments presented; the Court
denied the request; upon the return of the jury to open cout, plaintiff presented
the testimony of Edward Karnes; outside the presemce of the jury, defendant
moved for a mistrial based on certain testimony of Dr. Karnes; arguments
presented; the Court denied the motion; upon return of the jury to open court,
the testimony of Dr. Karnes concluded; plainiff presented the testimony of
Laura Lampton and Ronald Missum; plaintiff rested; outside the presence of
the jury, defendant moved for judgment as a matter of law; the Court took the
motion under advisement; plaintiff presented the testimony of James Frantz;
jury admonished and permitted to separate; court adjourned until 0900 on
08/24/2007. (Court Reporter Fred Pratt.) (CEB) (Entered: 08/23/2007)
08/24/2007 170 CORRECTED DOCUMENT - Please disregard document re 169 Courtroom
Minutes which contained a document error. Corrected document has been
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Judge met privately with the juror and then explained on the record with
counsel, outside the presence of the jury, the discussion with the juror; the jury
returned to open court and stated it had reached a verdict; noting that the
verdict was inconsistent, the Court instructed the jury to retire to the jury room
to continue its deliberations; the jury returned to open court with its verdict; the
verdict found for the defendant; verdict read aloud; jury polled; verdict
affirmed and accepted by the Court; jury discharged; court was adjourned.
(Court Reporter Fred Pratt.) (CEB) (Entered: 08/29/2007)
08/29/2007 182 Margin ORDER re JURY VERDICT (Disavowed by jury upon polling, as
mistaken). Signed by Judge David F. Hamilton on 8/30/2007(LSC) (Entered:
08/30/2007)
08/31/2007 183 CLOSED JUDGMENT in favor of Defendants against Plaintiff. This action is
dismissed with prejudice. In light of the finding of defective product, each side
shall bear its own costs. Signed by Judge David Frank Hamilton on 8/31/2007.
(LSC) (Entered: 08/31/2007)
09/07/2007 184 MOTION for New Trial(Trial De Novo) Due to Inconsistent Verdict, filed by
Plaintiff MICHAEL G. SHOTTS, JR., (Schroeder, Peter) (Entered:
09/07/2007)
09/20/2007 185 Unopposed MOTION for Extension of Time to 10/01/2007 to file response to
184 MOTION for New Trial(Trial De Novo) Due to Inconsistent Verdict, filed
by Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA,
BRP US Inc., BOMBARDIER, INC.. (Attachments: # 1 Text of Proposed
Order)(Kirschner, Eric) (Entered: 09/20/2007)
09/21/2007 186 ORDER granting 185 Motion for Extension of Time to File Response re 184
MOTION for New Trial(Trial De Novo). Response due by 10/1/2007. Signed
by Judge David Frank Hamilton on 9/21/2007. (LSC) (Entered: 09/21/2007)
10/01/2007 187 RESPONSE in Opposition to Plaintiff's 184 Motion for New Trial Due to
Alleged Inconsistent Verdict, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC.
(Martin, William) Modified on 10/2/2007 (LSC). (Entered: 10/01/2007)
10/02/2007 188 Unopposed MOTION for Extension of Time to October 15, 2007 to File Reply
to Bombardier's Opposition to Plaintiff's Motion for New Trial, filed by
Plaintiff MICHAEL G. SHOTTS, JR., (Attachments: # 1 Text of Proposed
Order Order Granting Plaintiff's Unopposed Motion for Extension of Time to
October 15, 2007 to File Reply to Bombardier's Opposition to Plaintiff's
Motion for New Trial)(Schroeder, Peter) (Entered: 10/02/2007)
10/04/2007 189 ORDER granting pltf's 188 Motion for Extension of Time to File reply to
Bombardier's opposition to pltf's motion for a new trial to 10/15/07. Signed by
Judge Tim A. Baker on 10/4/07. (SWM) (Entered: 10/04/2007)
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10/15/2007 190 REPLY in Support of Motion re 184 MOTION for New Trial(Trial De Novo)
Due to Inconsistent Verdict, filed by Plaintiff MICHAEL G. SHOTTS, JR.
(Schroeder, Peter) (Entered: 10/15/2007)
10/15/2007 191 MOTION for Oral Argument on Motion for a New Trial, filed by Plaintiff
MICHAEL G. SHOTTS, JR., (Attachments: # 1 Text of Proposed Order Order
Scheduling Hearing on Plaintiff's Motion for a New Trial)(Schroeder, Peter)
(Entered: 10/15/2007)
10/16/2007 192 RESPONSE in Opposition re 191 MOTION for Oral Argument on Motion for
a New Trial, filed by Defendants Bombardier Motor Corporation of America,
BOMBARDIER MOTOR CORPORATION OF AMERICA, Bombardier
Recreational Products, BRP US Inc., Bombardier Recreational Products,
Bombardier Recreational Products, BOMBARDIER, INC.. (Martin, William)
(Entered: 10/16/2007)
11/06/2007 193 ENTRY re 184 Motion for New Trial - Plaintiff has moved for an oral
argument on his motion for a new trial. The court does not see a need for such
an argument, which would require counsel to travel from Tennessee and
California. The proper resolution of the motion is clear from the able briefing
on both sides. For the foregoing reasons, plaintiff's motion for a new trial is
hereby denied, as is his 191 motion for an oral argument on the motion. Signed
by Judge David Frank Hamilton on 11/5/2007. (LSC) (Entered: 11/06/2007)
12/04/2007 194 NOTICE OF APPEAL as to 183 Closed Judgment, filed by Plaintiff
MICHAEL G. SHOTTS, JR. (Schroeder, Peter) (Entered: 12/04/2007)
12/04/2007 195 DOCKETING STATEMENT by MICHAEL G. SHOTTS, JR re 194 Notice of
Appeal (Schroeder, Peter) (Entered: 12/04/2007)
12/04/2007 196 USCA Appeal Fees received $ 455 receipt number IP4633 re 194 Notice of
Appeal filed by MICHAEL G. SHOTTS, JR. (TMA) (Entered: 12/05/2007)
12/05/2007 197 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re
194 Notice of Appeal. In addition, Parties' Short Record, Instructions, and
Designation of Record information attached. (TMA) (Entered: 12/05/2007)
12/05/2007 198 USCA Case Number 07-3924 for 194 Notice of Appeal filed by MICHAEL G.
SHOTTS, JR. (TMA) (Entered: 12/05/2007)
12/10/2007 199 DOCKETING STATEMENT (Amended), filed by MICHAEL G. SHOTTS, JR
re 194 Notice of Appeal (Schroeder, Peter) Modified on 12/11/2007 (LSC).
(Entered: 12/10/2007)
12/28/2007 200 MANDATE of USCA as to 194 Notice of Appeal filed by MICHAEL G.
SHOTTS, JR. - Upon consideration of the Motion to Dismiss filed by the
parties, IT IS ORDERED that this cause is DISMISSED pursuant to FRAP
42(b), in accordance with the decision of the USCA entered on 12/19/07.
Received certified copy of Mandate. No long record was sent to the USCA in
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Case #: 1:05-cv-01049-DFH-TAB
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