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CMP, MANDATE, CLOSED

U.S. District Court


Southern District of Indiana (Indianapolis)
CIVIL DOCKET FOR CASE #: 1:05-cv-01049-DFH-TAB

SHOTTS v. BOMBARDIER, INC. et al Date Filed: 07/18/2005


Assigned to: Judge David Frank Hamilton Date Terminated: 08/31/2007
Referred to: Magistrate Judge Tim A. Baker Jury Demand: Plaintiff
Case in other court: 7th Circuit, 07-03924 Nature of Suit: 365 Personal Inj. Prod.
Marion Superior Court, 49D07-0506- Liability
CT-24941 Jurisdiction: Diversity
Cause: 28:1332 Diversity-Personal Injury
Plaintiff
MICHAEL G. SHOTTS, JR. represented by Joe Bednarz , Sr.
BEDNARZ & BEDNARZ
400 James Robertson Parkway, #1400
Parkway Towers
Nashville, TN 37219
(615) 256-0100
Fax: (615) 256-4130
Email: tina@bednarzlaw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

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

William O. Martin , Jr.


HAIGHT BROWN & BONESTEEL
6080 Center Drive
Suite 800
Los Angeles, CA 90045
(310) 215-7572
Fax: (310) 215-7300
Email: wmartin@hbblaw.com
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

William O. Martin , Jr.


(See above for address)

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

William O. Martin , Jr.


(See above for address)
ATTORNEY TO BE NOTICED

Date Filed # Docket Text


07/18/2005 1 NOTICE OF REMOVAL from Marion Superior Court, case number
49D07-0506-CT-24941. , filed by Defendants, BOMBARDIER MOTOR
CORPORATION OF AMERICA, INC.,BRP US Inc., BOMBARDIER, INC..
(Attachments: # 1 State Court Record)(PG, ) (Entered: 07/18/2005)
07/18/2005 2 CIVIL COVER SHEET by Defendants, BOMBARDIER, INC. et al. (PG, )
(Entered: 07/19/2005)

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07/18/2005 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction


(PG, ) (Entered: 07/19/2005)
07/18/2005 4 RECEIPT #108 1677 in the amount of $ 250.00 for filing fee. (PG, ) (Entered:
07/19/2005)
07/18/2005 5 NOTICE of Appearance by Julie R. Murzyn on behalf of Defendants,
BOMBARDIER, INC. et al (PG, ) (Entered: 07/19/2005)
07/18/2005 6 NOTICE of Appearance by Eric L. Kirschner on behalf of Defendants,
BOMBARDIER, INC et al. (PG, ) (Entered: 07/19/2005)
08/05/2005 7 ANSWER to Complaint with Jury Demand by Bombardier Motor Corporation
of America and by BOMBARDIER MOTOR CORPORATION OF
AMERICA, INC., BRP US Inc., BOMBARDIER, INC..(Kirschner, Eric)
(Entered: 08/05/2005)
09/26/2005 8 NOTICE of Appearance by Eric L. Kirschner on behalf of Bombardier
Recreational Products, BOMBARDIER RECREATIONAL PRODUCTS INC.
(Kirschner, Eric) (Entered: 09/26/2005)
09/26/2005 9 NOTICE of Appearance by Julie R. Murzyn on behalf of Bombardier
Recreational Products, BOMBARDIER RECREATIONAL PRODUCTS INC.
(Murzyn, Julie) (Entered: 09/26/2005)
09/27/2005 10 ANSWER of All Defendants to Plaintiff's Complaint by BOMBARDIER
MOTOR CORPORATION OF AMERICA, INC., BOMBARDIER
RECREATIONAL PRODUCTS INC., BRP US Inc., BOMBARDIER, INC..
(Kirschner, Eric) (Entered: 09/27/2005)
10/19/2005 11 SCHEDULING ORDER: Initial Pretrial Conference set for 11/16/2005 03:30
PM in room #234 before Magistrate Judge Tim A. Baker. The CMP is due no
less than seven days prior to the iptc. Signed by Judge Tim A. Baker on
10/19/05. (SWM, ) (Entered: 10/19/2005)
11/07/2005 12 CASE MANAGEMENT PLAN TENDERED by all parties. (Kirschner, Eric)
(Entered: 11/07/2005)
11/10/2005 13 MOTION to Appear pro hac vice by MICHAEL G. SHOTTS, JR.
(Attachments: # 1 Exhibit Joe Bednarz, Sr.'s Verified Application for
Admission Pro Hac Vice# 2 Text of Proposed Order Order Granting Motion for
Admission Pro Hac Vice)(Schroeder, Peter) (Entered: 11/10/2005)
11/10/2005 14 RECEIPT #103-1081 in the amount of $ 30.00 for atty Bednarz's pro hac vice
filing fee. (LSC, ) (Entered: 11/14/2005)
11/15/2005 15 ORDER granting 13 Motion to Appear pro hac vice. Attorney Joe Bednarz, Sr
for MICHAEL G. SHOTTS, JR added . Signed by Judge Tim A. Baker on
11/15/05. (SWM, ) (Entered: 11/16/2005)

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11/17/2005 16 ORDER: CASE MANAGEMENT ORDER APPROVED as amended. Parties


appeared by counsel on 11/16/05 for an Initial Pretrial Conference.
SCHEDULING ORDER: Status Conference set for 4/10/2006 03:30 PM
Telephonic before Magistrate Judge Tim A. Baker. No dispositive motions are
anticipated. The purpose of the April 10, 2006 conference is to address
settlement and related issues raised at the iptc. Signed by Judge Tim A. Baker
on 11/17/05. (SWM, ) (Entered: 11/17/2005)
11/21/2005 17 SCHEDULING ORDER: Final Pretrial Conference set for 1/12/2007 at 10:00
AM in room #330. Jury Trial set for 1/22/2007 at 09:00 AM in room #344;
both before Judge David Frank Hamilton. Signed by Judge David Frank
Hamilton on 11/21/2005. (LSC, ) (Entered: 11/21/2005)
11/23/2005 18 Amended NOTICE of Removal, filed by all defendants. (Kirschner, Eric)
Modified on 11/28/2005 (LSC, ). (Entered: 11/23/2005)
12/01/2005 19 MOTION to Appear pro hac vice of atty William O. Martin, Jr., on behalf of
BOMBARDIER, INC. c/s (Attachments: # 1 Text of Proposed Order)(LSC, )
(Entered: 12/01/2005)
12/01/2005 20 RECEIPT #102-7469 in the amount of $ 30.00 for atty Martin's pro hac vice
filing fee. (LSC, ) (Entered: 12/01/2005)
12/02/2005 21 ORDER granting 19 Motion to Appear pro hac vice. Attorney William O.
Martin, Jr for BOMBARDIER, INC. added . Signed by Judge Tim A. Baker on
12/2/05. (SWM, ) (Entered: 12/05/2005)
12/19/2005 22 NOTICE of Service of Initial Disclosures by all plaintiffs (Schroeder, Peter)
(Entered: 12/19/2005)
12/19/2005 23 NOTICE of Service of Initial Disclosures by BOMBARDIER MOTOR
CORPORATION OF AMERICA, INC., BOMBARDIER RECREATIONAL
PRODUCTS INC., BRP US Inc., BOMBARDIER, INC. (Kirschner, Eric)
(Entered: 12/19/2005)
02/24/2006 24 SCHEDULING ORDER: Status Conference reset for 4/13/2006 10:00 AM in
Telephonic before Magistrate Judge Tim A. Baker. The telephonic status
conference set for 4/10/06 is VACATED. Signed by Judge Tim A. Baker on
2/24/06. (MAC, ) (Entered: 02/24/2006)
03/31/2006 25 MOTION to Amend/Correct 7 Answer to Complaint by BOMBARDIER
MOTOR CORPORATION OF AMERICA, INC., BOMBARDIER
RECREATIONAL PRODUCTS INC., BRP US Inc., BOMBARDIER, INC..
(Attachments: # 1 Text of Proposed Order # 2 Defendants' Amended Answer)
(Kirschner, Eric) (Entered: 03/31/2006)
03/31/2006 26 BRIEF/MEMORANDUM in Support re 25 MOTION to Amend/Correct 7
Answer to Complaint filed by BOMBARDIER MOTOR CORPORATION OF
AMERICA, INC., BOMBARDIER RECREATIONAL PRODUCTS INC.,

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BRP US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit A, Part A# 2


Exhibit A, Part B# 3 Exhibit A, Part C# 4 Exhibit A, Part D# 5 Exhibit
B)(Kirschner, Eric) (Entered: 03/31/2006)
04/14/2006 27 ORDER on 4/13/06 Telephonic Status Conference. Parties appeared by
counsel. Discussion held regarding discovery, settlement, and related matters.
Pltf shall have until 4/21/06 to file any objection to deft's motion for leave to
amend, and deft shall file any reply by 5/1/06. SCHEDULING ORDER: Status
Conference set for 10/16/2006 01:30 PM in Telephonic before Magistrate
Judge Tim A. Baker. The purpose of this conference is to address settlement
(See Order). Signed by Judge Tim A. Baker on 4/14/06. (SWM, ) (Entered:
04/14/2006)
04/18/2006 28 MOTION to Amend/Correct Leave to Amend Case Management Plan Filed
11/07/05 and Case Management Order Entered 11/17/05 by all defendants.
(Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Kirschner, Eric)
(Entered: 04/18/2006)
04/18/2006 29 BRIEF/MEMORANDUM in Support re 28 MOTION to Amend/Correct Leave
to Amend Case Management Plan Filed 11/07/05 and Case Management
Order Entered 11/17/05 filed by all defendants. (Kirschner, Eric) (Entered:
04/18/2006)
04/21/2006 30 NOTICE of Substitution of Appearance by Matthew W. Melton replacing
Ralph E. Dowling on behalf of MICHAEL G. SHOTTS, JR (Melton, Matthew)
(Entered: 04/21/2006)
04/21/2006 31 NOTICE of Withdrawal of Appearance by Ralph E. Dowling on behalf of
MICHAEL G. SHOTTS, JR (Schroeder, Peter) (Entered: 04/21/2006)
04/21/2006 32 RESPONSE in Opposition re 25 MOTION to Amend/Correct 7 Answer to
Complaint, 28 MOTION to Amend/Correct Leave to Amend Case
Management Plan Filed 11/07/05 and Case Management Order Entered
11/17/05 and Req for Rule 11 Sanctions filed by MICHAEL G. SHOTTS, JR.
(Schroeder, Peter) (Entered: 04/21/2006)
05/01/2006 33 REPLY in support of Motion re 25 MOTION to Amend/Correct Answer to
Complaint . (Kirschner, Eric). Modified on 5/2/2006 (ADR). (Entered:
05/01/2006)
06/08/2006 34 ENTRY granting defts' 25 Motion to Amend Answer. ENTRY denying defts'
28 Motion to Modify CMP. ENTRY denying pltf's [ 32 ] Request for Rule 11
Sanctions (See Entry). Signed by Judge Tim A. Baker on 6/8/06. (SWM, )
(Entered: 06/09/2006)
06/08/2006 35 AMENDED ANSWER to Complaint by all defendants. (SWM, ) (Entered:
06/09/2006)

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06/13/2006 36 SCHEDULING ORDER: Status Conference set for 7/11/2006 10:30 AM in


Telephonic before Magistrate Judge Tim A. Baker. The purpose of this
conference is to address discovery and case management issues. Signed by
Judge Tim A. Baker on 6/13/06. (SWM, ) (Entered: 06/14/2006)
07/10/2006 37 STATUS REPORT Joint Status Report by all parties. (Schroeder, Peter)
(Entered: 07/10/2006)
07/12/2006 38 ORDER on 7/11/06 telephonic status conference. SCHEDULING ORDER:
Telephonic Status Conference set for 10/25/2006 02:00 PM before Magistrate
Judge Tim A. Baker. The telephonic status conference set for October 16, 2006
is vacated. Signed by Judge Tim A. Baker on 07/12/2006. (TMA, ) (Entered:
07/12/2006)
09/18/2006 39 NOTICE, filed by Plaintiff MICHAEL G. SHOTTS, JR Notice to Court of
Service of Expert Disclosure Statements Pursuant to Rule 26(a)(2), Federal
Rules of Civil Procedure. (Schroeder, Peter) (Entered: 09/18/2006)
10/04/2006 40 Joint MOTION for Protective Order Agreed Protective Order, filed by
Defendants Bombardier Motor Corporation of America, BOMBARDIER
MOTOR CORPORATION OF AMERICA, INC., Bombardier Recreational
Products, BOMBARDIER RECREATIONAL PRODUCTS INC., BRP US
Inc., Bombardier Recreational Products, Bombardier Recreational Products,
BOMBARDIER, INC., Plaintiff MICHAEL G. SHOTTS, JR., (Kirschner,
Eric) (Entered: 10/04/2006)
10/04/2006 41 NOTICE of Endoresement re 40 Joint MOTION for Protective Order -Agreed
Protective Order , filed by Defendants Bombardier Motor Corporation of
America, BOMBARDIER MOTOR CORPORATION OF AMERICA, INC.,
Bombardier Recreational Products, BOMBARDIER RECREATIONAL
PRODUCTS INC., BRP US Inc., Bombardier Recreational Products,
Bombardier Recreational Products, BOMBARDIER, INC. (Kirschner, Eric)
Modified on 10/5/2006 (LSC). (Entered: 10/04/2006)
10/05/2006 42 Agreed Protective Order APPROVED. Signed by Judge Tim A. Baker on
10/5/06. (SWM) (Entered: 10/05/2006)
10/12/2006 43 Joint MOTION for Continuance of Telephonic Status Conference and Time to
File Final Witness and Exhibit Lists, filed by Plaintiff MICHAEL G. SHOTTS,
JR., (Attachments: # 1 Text of Proposed Order)(Schroeder, Peter) (Entered:
10/12/2006)
10/17/2006 44 ORDER granting parties' 43 Joint Motion for continuance of Telephonic Status
Conference and enlargement of time to file final witness and exhibit lists. The
parties shall have to 12/15/06 in which to file their final witness and exhibit
lists. SCHEDULING ORDER: Status Conference RESET for 11/1/2006 04:00
PM in Telephonic before Magistrate Judge Tim A. Baker. Signed by Judge Tim
A. Baker on 10/17/06. (SWM) (Entered: 10/18/2006)

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10/18/2006 45 NOTICE of Service of Expert Disclosures, filed by Defendants Bombardier


Motor Corporation of America, BOMBARDIER MOTOR CORPORATION
OF AMERICA, INC., BOMBARDIER RECREATIONAL PRODUCTS INC.,
BRP US Inc., BOMBARDIER, INC.(Kirschner, Eric) Modified on 10/19/2006
(LSC). (Entered: 10/18/2006)
11/01/2006 46 NOTICE to Clarify Parties, filed by Defendants Bombardier Motor
Corporation of America, BOMBARDIER MOTOR CORPORATION OF
AMERICA, INC., Bombardier Recreational Products, BOMBARDIER
RECREATIONAL PRODUCTS INC., BRP US Inc., Bombardier Recreational
Products, Bombardier Recreational Products, BOMBARDIER, INC., Plaintiff
MICHAEL G. SHOTTS. (Kirschner, Eric) Modified on 11/2/2006 (LSC).
(Entered: 11/01/2006)
11/03/2006 47 ORDER on 11/1/06 Telephonic Status Conference: Parties appeared by
counsel. Discussion held regrading discovery, settlement, and related matters
(See Order). Signed by Judge Tim A. Baker on 11/3/06. (SWM) (Entered:
11/03/2006)
12/15/2006 48 Exhibit List Preliminary Final Exhibit List, filed by Defendants
BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP US Inc.,
BOMBARDIER, INC.. (Kirschner, Eric) (Entered: 12/15/2006)
12/15/2006 49 Witness List Preliminary Final Witness List, filed by Defendants
BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP US Inc.,
BOMBARDIER, INC.. (Kirschner, Eric) (Entered: 12/15/2006)
12/15/2006 50 Joint MOTION For Extension of Pre-Trial Deadlines and Request for
Clarification Concerning Length of 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., Plaintiff MICHAEL G. SHOTTS, JR., (Attachments: # 1 Text of
Proposed Order)(Schroeder, Peter) (Entered: 12/15/2006)
12/15/2006 51 Exhibit List Plaintiff's Final Exhibit List, filed by Plaintiff MICHAEL G.
SHOTTS, JR. (Schroeder, Peter) (Entered: 12/15/2006)
12/15/2006 52 Witness List Plaintiff's Final Witness List, filed by Plaintiff MICHAEL G.
SHOTTS, JR. (Schroeder, Peter) (Entered: 12/15/2006)
12/18/2006 53 ORDER: The parties' joint 50 Motion is granted in part. Final pretrial
submissions now due two weeks before the conference shall be filed no later
than 1/4/2007. Submissions now due one week before the conference shall be
filed no later than 1/9/2007. Issues concerning the length and schedule of
thetrial will be addressed at the final pretrial conference. Signed by Judge
David Frank Hamilton on 12/18/2006. (LSC) (Entered: 12/18/2006)

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12/18/2006 54 MOTION Daubert Motion No. 1 to Exclude Expert Testimony of Edward


Karnes, William Kitzes and Wade Bartlett Regarding Issue of Causation, filed
by Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA,
BRP US Inc., BOMBARDIER, INC.., (Attachments: # 1 Table of
Contents-Table of Authorities# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5
Exhibit D# 6 Exhibit E Part 1# 7 Exhibit E Part 2# 8 Exhibit E Part 3# 9
Exhibit F Part 1# 10 Exhibit F Part 2# 11 Exhibit G Part 1# 12 Exhibit G Part
2# 13 Exhibit I)(Kirschner, Eric) (Entered: 12/18/2006)
12/18/2006 55 (Continuation of Docket 54 ) - EXHIBITS in Support re 54 MOTION Daubert
Motion No. 1 to Exclude Expert Testimony of Edward Karnes, William Kitzes
and Wade Bartlett Regarding Issue of Causation, 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 # 2 Exhibit B# 3 Exhibit C# 4
Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10
Exhibit J# 11 Exhibit K Part 1# 12 Exhibit K Part 2# 13 Exhibit L)(Kirschner,
Eric) Modified on 12/19/2006 (LSC). (Entered: 12/18/2006)
12/18/2006 56 MOTION of Bombardier to Exclude the Expert Testimony of Wade Bartlett
Concerning the Effect of Attaching the Tow Strap to the Trailer Hitch, filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, INC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3
Exhibit C Part 1# 4 Exhibit C Part 2)(Kirschner, Eric) Modified on 12/19/2006
(LSC). (Entered: 12/18/2006)
12/18/2006 57 MOTION Daubert Motion No. 3 to Exclude William Kitzes From Testifying
Regarding Bombardier's Safety Program, 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
Part 1# 5 Exhibit D Part 2)(Kirschner, Eric) (Entered: 12/18/2006)
12/18/2006 58 MOTION Plaintiff's Motion to Exclude Certain Expert Opinions, filed by
Plaintiff MICHAEL G. SHOTTS, JR., (Attachments: # 1 Exhibit A - Kevin
Breen's Investigative Report# 2 Exhibit B - Kevin Breen's Calculations# 3
Exhibit C - J. Paul Frantz's Report)(Schroeder, Peter) (Entered: 12/18/2006)
01/03/2007 59 MOTION to Dismiss Non-Party, filed by Defendants BOMBARDIER
MOTOR CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER,
INC.., (Attachments: # 1 Text of Proposed Order)(Kirschner, Eric) (Entered:
01/03/2007)
01/04/2007 60 ORDER granting 59 Motion to Dismiss Non-Party Haspin Acres. Signed by
Judge David Frank Hamilton on 01/04/2007. (CEB) (Entered: 01/04/2007)
01/04/2007 61 RESPONSE in Opposition re 58 MOTION Plaintiff's Motion to Exclude
Certain Expert Opinions, filed by Defendants BOMBARDIER MOTOR

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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)(Kirschner, Eric) (Entered: 01/04/2007)
01/04/2007 62 RESPONSE in Opposition re 57 MOTION Daubert Motion No. 3 to Exclude
William Kitzes From Testifying Regarding Bombardier's Safety Program
Plaintiff's Response in Opposition to Bombardier Daubert Motion No. 3, filed
by Plaintiff MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit Exhibit 1
to Pltf's Resp in Opposition to Defts' Daubert Motion No. 3# 2 Exhibit Exhibit
2 to Pltf's Resp in Opposition to Defts' Daubert Motion No. 3)(Schroeder,
Peter) (Entered: 01/04/2007)
01/04/2007 63 RESPONSE in Opposition re 56 MOTION of Bombardier to Exclude the
Expert Testimony of Wade Bartlett Concerning the Effect of Attaching the Tow
Strap to the Trailer Hitch, filed by Plaintiff MICHAEL G. SHOTTS, JR.
(Attachments: # 1 Exhibit 1 to Pltf's Resp to Defts' Mot Exclude Bartlett
Testimony Re Tow Strap# 2 Exhibit 2 to Pltf's Resp to Defts' Mot Exclude
Bartlett Testimony Re Tow Strap to Hitch# 3 Exhibit 3 to Pltf's Resp to Defts'
Mot Exclude Bartlett Testimony Re Tow Strap to Hitch# 4 Exhibit 4 to Pltf's
Resp to Defts' Mot Exclude Bartlett Testimony Re Tow Strap to Hitch# 5
Exhibit 5 to Pltf's Resp to Defts' Mot Exclude Bartlett Testimony Re Tow Strap
to Hitch# 6 Exhibit 6 to Pltf's Resp to Defts' Mot Exclude Bartlett Testimony
Re Tow Strap to Hitch# 7 Exhibit 7 to Pltf's Resp to Defts' Mot Exclude
Bartlett Testimony Re Tow Strap to Hitch# 8 Exhibit 8 to Pltf's Resp to Defts'
Mot Exclude Bartlett Testimony Re Tow Strap to Hitch# 9 Exhibit 9 to Pltf's
Resp to Defts' Mot Exclude Bartlett Testimony Re Tow Strap to Hitch# 10
Exhibit 10 to Pltf's Resp to Defts' Mot Excluse Bartlett Testimony Re Tow
Strap to Hitch# 11 Exhibit 11 to Pltf's Resp to Defts' Mot Exclude Bartlett
Testimony Re Tow Strap to Hitch)(Schroeder, Peter) (Entered: 01/04/2007)
01/04/2007 64 MOTION to Appear pro hac vice by R. Bryan Martin, filed by Defendants
Bombardier Motor Corporation of America, BRP US Inc., BOMBARDIER,
INC.. (Attachments: # 1 Proposed Order)(CEB) (Entered: 01/04/2007)
01/04/2007 65 RECEIPT #102-10059 in the amount of $ 30.00 for Pro Hac Vice filing fee for
R. Bryan Martin. (CEB) (Entered: 01/04/2007)
01/04/2007 66 First MOTION in Limine, filed by Plaintiff MICHAEL G. SHOTTS, JR.,
(Attachments: # 1 Text of Proposed Order Order on Plaintiff's First Motion in
Limine)(Schroeder, Peter) (Entered: 01/04/2007)
01/04/2007 67 TRIAL BRIEF by MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit 1 to
Pltf's Trial Brief# 2 Exhibit 2 to Pltf's Trial Brief# 3 Exhibit 3 to Pltf's Trial
Brief)(Schroeder, Peter) (Entered: 01/04/2007)
01/04/2007 68 *** WITHDRAWN PER ORDER DATED 1/11/07 *** MOTION in Limine
No. 1, filed by Defendants BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC.., (Attachments: # 1 Text of

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Proposed Order)(Kirschner, Eric) Modified on 1/11/2007 (SWM). (Entered:


01/04/2007)
01/04/2007 69 First MOTION in Limine No. One (1), filed by Defendants BOMBARDIER
MOTOR CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER,
INC.., (Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 70 BRIEF/MEMORANDUM in Support re 69 First MOTION in Limine No. One
(1), filed by Defendants BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit
A# 2 Exhibit B# 3 Exhibit C)(Martin, William) (Entered: 01/04/2007)
01/04/2007 71 MOTION in Limine No. Eleven, filed by Defendants BOMBARDIER
MOTOR CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER,
INC.., (Attachments: # 1 Text of Proposed Order)(Kirschner, Eric) (Entered:
01/04/2007)
01/04/2007 72 BRIEF/MEMORANDUM in Support re 71 MOTION in Limine No. Eleven,
filed by Defendants BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC.. (Kirschner, Eric) (Entered:
01/04/2007)
01/04/2007 73 Second MOTION in Limine, filed by Plaintiff MICHAEL G. SHOTTS, JR.,
(Attachments: # 1 Exhibit 1 to Pltf's Second Motion in Limine# 2 Exhibit 2 to
Pltf's Second Motion in Limine# 3 Exhibit 3 to Pltf's Second Motion in
Limine# 4 Exhibit 4 to Pltf's Second Motion in Limine# 5 Exhibit 5 to Pltf's
Second Motion in Limine# 6 Exhibit 6 to Pltf's Second Motion in Limine# 7
Text of Proposed Order on Plaintiff's Second Motion in Limine)(Schroeder,
Peter) (Entered: 01/04/2007)
01/04/2007 74 MOTION in Limine 8, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 75 BRIEF/MEMORANDUM in Support re 74 MOTION in Limine 8, filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit A)(Martin,
William) (Entered: 01/04/2007)
01/04/2007 76 Plaintiff's Deposition Designation of Eric Dube, filed by Plaintiff MICHAEL
G. SHOTTS, JR. (Schroeder, Peter) Modified on 1/5/2007 (CEB). (Entered:
01/04/2007)
01/04/2007 77 Plaintiff's Deposition Designation of Jeannot Belanger, filed by Plaintiff
MICHAEL G. SHOTTS, JR. (Schroeder, Peter) Modified on 1/5/2007 (CEB).
(Entered: 01/04/2007)

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01/04/2007 78 Plaintiff's Deposition Designation of Jean-Yves LeBlanc, filed by Plaintiff


MICHAEL G. SHOTTS, JR. (Schroeder, Peter) Modified on 1/5/2007 (CEB).
(Entered: 01/04/2007)
01/04/2007 79 MOTION in Limine Nine (9), filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 80 BRIEF/MEMORANDUM in Support re 79 MOTION in Limine Nine (9), filed
by Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA,
BRP US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit A)(Martin,
William) (Entered: 01/04/2007)
01/04/2007 81 MOTION in Limine No. 7, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Murzyn, Julie) (Entered:
01/04/2007)
01/04/2007 82 MOTION in Limine 13, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 83 BRIEF/MEMORANDUM in Support re 82 MOTION in Limine 13, filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, INC.. (Martin, William) (Entered: 01/04/2007)
01/04/2007 84 MOTION in Limine six (6), filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 85 BRIEF/MEMORANDUM in Support re 84 MOTION in Limine six (6), filed
by Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA,
BRP US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit A)(Martin,
William) (Entered: 01/04/2007)
01/04/2007 86 BRIEF/MEMORANDUM in Support re 81 MOTION in Limine No. 7, filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit Exhibit A Part 1# 2
Exhibit Exhibit A Part 2# 3 Exhibit Exhibit Part 3# 4 Exhibit Exhibit B# 5
Exhibit Exhibit C)(Murzyn, Julie) (Entered: 01/04/2007)
01/04/2007 87 MOTION in Limine Three (3), filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)

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01/04/2007 88 MOTION in Limine Five (5), filed by Defendants BOMBARDIER MOTOR


CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 89 RESPONSE in Opposition re 54 MOTION Daubert Motion No. 1 to Exclude
Expert Testimony of Edward Karnes, William Kitzes and Wade Bartlett
Regarding Issue of Causation, filed by Plaintiff MICHAEL G. SHOTTS, JR.
(Attachments: # 1 Exhibit 1 to Pltf's Resp to Defts' Daubert Mot. No. 1# 2
Exhibit 2 to Pltf's Resp to Defts' Daubert Motion No. 1# 3 Exhibit 3 to Pltf's
Resp to Defts' Daubert Motion No. 1# 4 Exhibit 4 to Pltf's Resp to Defts'
Daubert Motion No. 1# 5 Exhibit 5 to Pltf's Resp to Defts' Daubert Motion No.
1# 6 Exhibit 6 to Pltf's Resp to Defts' Daubert Motion No. 1# 7 Exhibit 7 to
Pltf's Resp to Defts' Daubert Motion No. 1# 8 Exhibit 8 to Pltf's Resp to Defts'
Daubert Motion No. 1# 9 Exhibit 9 to Pltf's Resp to Defts' Daubert Motion No.
1# 10 Exhibit 10 to Pltf's Resp to Defts' Daubert Motion No. 1# 11 Exhibit 11
to Pltf's Resp to Defts' Daubert Motion No. 1# 12 Exhibit 12 to Pltf's Resp to
Defts' Daubert Motion No. 1)(Schroeder, Peter) (Entered: 01/04/2007)
01/04/2007 90 Proposed Jury Instructions by MICHAEL G. SHOTTS, JR. (Schroeder, Peter)
(Entered: 01/04/2007)
01/04/2007 91 BRIEF/MEMORANDUM in Support re 88 MOTION in Limine Five (5), 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)(Martin, William) (Entered:
01/04/2007)
01/04/2007 92 MOTION in Limine Ten (10), filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 93 BRIEF/MEMORANDUM in Support re 92 MOTION in Limine Ten (10), filed
by Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA,
BRP US Inc., BOMBARDIER, INC.. (Martin, William) (Entered: 01/04/2007)
01/04/2007 94 MOTION in Limine twelve (12), filed by Defendants BOMBARDIER
MOTOR CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER,
INC.., (Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 95 BRIEF/MEMORANDUM in Support re 94 MOTION in Limine twelve (12),
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# 9 Exhibit I)(Martin, William) Modified on 1/5/2007
(CEB). (Entered: 01/04/2007)

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01/04/2007 96 MOTION in Limine Four (4), filed by Defendants BOMBARDIER MOTOR


CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/04/2007)
01/04/2007 97 TRIAL BRIEF by BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit
1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit
7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 12# 12 Exhibit 13# 13
Exhibit 14# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17)(Kirschner, Eric)
(Entered: 01/04/2007)
01/04/2007 98 BRIEF/MEMORANDUM in Support re 96 MOTION in Limine Four (4), 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)(Martin, William) (Entered: 01/04/2007)
01/04/2007 99 MOTION in Limine, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order Motion in Limine 2)(Murzyn, Julie)
(Entered: 01/04/2007)
01/04/2007 100 BRIEF/MEMORANDUM in Support re 99 MOTION in Limine Two, filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, 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 A, Part 6)(Murzyn, Julie) (Entered: 01/04/2007)
01/04/2007 101 NOTICE, filed by Defendants BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC., re 97 Trial Brief, Notice of
Manual Filing of Exhibit 11. (Kirschner, Eric) (Entered: 01/04/2007)
01/04/2007 102 BRIEF/MEMORANDUM in Support re 87 MOTION in Limine Three (3),
filed by Defendants BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit
A)(Kirschner, Eric) (Entered: 01/04/2007)
01/04/2007 103 EXHIBIT in Support re 102 Brief/Memorandum in Support of Motion Exhibit
B in Support of Motion in Limine, filed by Defendants BOMBARDIER
MOTOR CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER,
INC.. (Attachments: # 1 Exhibit Part 1# 2 Exhibit Part 2# 3 Exhibit Part
3)(Kirschner, Eric) (Entered: 01/04/2007)
01/04/2007 104 EXHIBIT in Support re 102 Brief/Memorandum in Support of Motion, filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit # 2 Exhibit # 3
Exhibit)(Murzyn, Julie) (Entered: 01/04/2007)

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01/05/2007 105 MOTION to Withdraw 68 MOTION in Limine No. 1, filed by Defendants


BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP US Inc.,
BOMBARDIER, INC.. (Attachments: # 1 Text of Proposed Order)(Kirschner,
Eric) (Entered: 01/05/2007)
01/05/2007 106 Designation Of Excerpts From Deposition Of Eric Dube To Be Presented To
The Jury, filed by Defendants BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC.., (Martin, William) Modified
on 1/8/2007 (CEB). (Entered: 01/05/2007)
01/05/2007 107 ORDER on 1/4/07 telephonic status conference: Parties appeared by counsel.
Discussion held regarding settlement and related matters. Pltf's counsel shall
confer with the Pltf and contact the Mag Judge promptly to provide an update
regarding Pltf's settlement position. Signed by Judge Tim A. Baker on 1/5/07.
(SWM) (Entered: 01/08/2007)
01/08/2007 108 NOTICE of Filing Exhibit 1 to Plaintiff's First Motion in Limine by MICHAEL
G. SHOTTS, JR (Schroeder, Peter) (Entered: 01/08/2007)
01/08/2007 109 NOTICE of Filing Exhibits J and K to Defendants' Motion in Limine No. 12 by
BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP US Inc.,
BOMBARDIER, INC. (Attachments: # 1 Exhibit K) (Kirschner, Eric)
(Entered: 01/08/2007)
01/09/2007 110 NOTICE by all defendants of Manual Filing of Exhibit 11 to defendants' trial
brief (Docket No. 97) (Exhibit not scanned). (CEB) (Entered: 01/09/2007)
01/09/2007 111 RESPONSE in Opposition re 96 MOTION in Limine Four (4) of the
Admissibility of Tractor Articles Concerning Rear Tipover Issues, filed by
Plaintiff MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit 1 to Pltf's
Resp to Defts' Motion in Limine No. 4)(Schroeder, Peter) (Entered:
01/09/2007)
01/09/2007 112 Submission Response of Defendants' to Plaintiff's Deposition Designation of
Eric Dube, filed by Defendants BOMBARDIER MOTOR CORPORATION
OF AMERICA, BRP US Inc., BOMBARDIER, INC.. (Kirschner, Eric)
(Entered: 01/09/2007)
01/09/2007 113 Submission Response of Defendants to Plaintiff's Deposition Designation of
Jean-Yves LeBlanc, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..
(Kirschner, Eric) (Entered: 01/09/2007)
01/09/2007 114 Submission Response of Defendants to Plaintiff's Depositoin Designation of
Jeannot Belanger, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..
(Kirschner, Eric) (Entered: 01/09/2007)

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01/09/2007 115 Proposed Jury Instructions by BOMBARDIER MOTOR CORPORATION OF


AMERICA, BRP US Inc., BOMBARDIER, INC.. (Kirschner, Eric) (Entered:
01/09/2007)
01/09/2007 116 Proposed Voir Dire by BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC.. (Kirschner, Eric) (Entered:
01/09/2007)
01/09/2007 117 RESPONSE in Opposition re 79 MOTION in Limine Nine (9) of Bombardier
to Exclude from Evidence Reference to the Article Titled, "Revisions of
Labeling for Personal Watercraft: Part 1 - Label Department", filed by
Plaintiff MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit 1 to Pltf's
Resp to Defts' Motion in Limine No. 9)(Schroeder, Peter) (Entered:
01/09/2007)
01/09/2007 118 RESPONSE in Opposition re 99 MOTION in Limine No. 2 of Bombardier to
Exclude from Evidence Warnings Appearing on ATVs After the Date
Bombardier Quest 500 was Manufactured, filed by Plaintiff MICHAEL G.
SHOTTS, JR. (Attachments: # 1 Exhibit 1 to Pltf's Resp to Defts' Motion in
Limine No. 2# 2 Exhibit 2 to Pltf's Resp to Defts' Motion in Limine No. 2# 3
Exhibit 3 to Pltf's Resp to Defts' Mot in Limine No. 2)(Schroeder, Peter)
(Entered: 01/09/2007)
01/09/2007 119 Submission OBJECTION to Plaintiff's Proposed Jury Instruction Regarding
the Heeding Presumption, filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Kirschner, Eric)
(Entered: 01/09/2007)
01/09/2007 120 RESPONSE in Opposition re 87 MOTION in Limine Three (3) of Bombardier
to Exclude from Evidence for Foreseeability Purposes any Articles or
Documents Published After 2002 Discussing Towing or ATVs Flipping Over,
filed by Plaintiff MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit 1 to
Pltf's Resp to Defts' Mot in Limine No. 3# 2 Exhibit 2 to Pltf's Resp to Defts'
Mot in Limine No. 3)(Schroeder, Peter) (Entered: 01/09/2007)
01/09/2007 121 RESPONSE in Opposition re 71 MOTION in Limine No. Eleven of
Bombardier for an Order Bifurcating for Trial the Issues of Liability and
Damages and for Trial on Liability to Precede Trial on Damages, filed by
Plaintiff MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit 1 to Pltf's
Resp to Defts' Mot in Limine No. 11# 2 Exhibit 2 to Pltf's Resp to Defts' Mot
in Limine No. 11# 3 Exhibit 3 to Pltf's Resp to Defts' Mot in Limine No. 11# 4
Exhibit 4 to Pltf's Resp to Defts' Mot in Limine No. 11)(Schroeder, Peter)
(Entered: 01/09/2007)
01/09/2007 122 RESPONSE in Opposition re 88 MOTION in Limine Five (5) of Bombardier
to Exclude the Polaris 25 Degree Warning, filed by Plaintiff MICHAEL G.
SHOTTS, JR. (Attachments: # 1 Exhibit 1 to Pltf's Resp to Defts' Mot in

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Limine No. 5)(Schroeder, Peter) (Entered: 01/09/2007)


01/09/2007 123 RESPONSE in Opposition re 74 MOTION in Limine 8 of Bombardier to
Exclude Breen Testimony, filed by Plaintiff MICHAEL G. SHOTTS, JR.
(Schroeder, Peter) (Entered: 01/09/2007)
01/09/2007 124 RESPONSE in Opposition re 82 MOTION in Limine 13 of Bombardier to
Exclude Character Evidence, filed by Plaintiff MICHAEL G. SHOTTS, JR.
(Attachments: # 1 Exhibit 1 to Pltf's Resp to Defts' Mot in Limine No. 13# 2
Exhibit 2 to Pltf's Resp to Defts' Mot in Limine No. 13# 3 Exhibit 3 to Pltf's
Resp to Defts' Mot in Limine No. 13# 4 Exhibit 4 to Pltf's Resp to Defts' Mot
in Limine No. 13# 5 Exhibit 5 to Pltf's Resp to Defts' Mot in Limine No.
13)(Schroeder, Peter) (Entered: 01/09/2007)
01/09/2007 125 RESPONSE in Opposition re 81 MOTION in Limine No. 7 Requesting an
Order Excluding any Reference to a Device Called a Jimmy Bar, filed by
Plaintiff MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit 1 to Pltf's
Resp to Defts' Mot in Limine No. 7# 2 Exhibit 2 to Pltf's Resp to Defts' Mot in
Limine No. 7)(Schroeder, Peter) (Entered: 01/09/2007)
01/09/2007 126 RESPONSE in Opposition re 84 MOTION in Limine six (6) of Bombardier to
Exclude the H.S.E. Article, filed by Plaintiff MICHAEL G. SHOTTS, JR.
(Attachments: # 1 Exhibit 1 to Pltf's Resp to Defts' Mot in Limine No.
6)(Schroeder, Peter) (Entered: 01/09/2007)
01/09/2007 127 RESPONSE in Opposition re 94 MOTION in Limine twelve (12), filed by
Plaintiff MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit 1 to Pltf's
Resp to Defts' Mot In Limine No. 12)(Schroeder, Peter) (Entered: 01/09/2007)
01/09/2007 128 MOTION To Strike Portions Of Michael Shott's And Kevin Niswonger's
Affidavits, filed by Defendants BOMBARDIER MOTOR CORPORATION OF
AMERICA, BRP US Inc., BOMBARDIER, INC.., (Attachments: # 1 Exhibit
A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order Proposed Order)
(Martin, William) (Entered: 01/09/2007)
01/09/2007 129 RESPONSE in Opposition to Plaintiff's 73 Motion In Limine No. Two (2),
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# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit
L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O)(Martin, William) Modified on
7/25/2007 (LSC). (Entered: 01/09/2007)
01/09/2007 130 MOTION To File Reply To Plaintiff's Opposition To Bombardiers' Daubert
Motions, 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)(Martin,
William) (Entered: 01/09/2007)

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01/09/2007 131 MOTION To Strike Portions of Plaintiff's Opposition To Bombardiers' Daubert


Motion No. One (1), filed by Defendants BOMBARDIER MOTOR
CORPORATION OF AMERICA, BRP US Inc., BOMBARDIER, INC..,
(Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered:
01/09/2007)
01/09/2007 132 RESPONSE in Opposition re 69 First MOTION in Limine No. One (1) of
Bombardier to Exclude Testimony of Plaintiff and Request to Preclude the
Application of the Heeding Presumption, filed by Plaintiff MICHAEL G.
SHOTTS, JR. (Schroeder, Peter) (Entered: 01/09/2007)
01/09/2007 133 RESPONSE in Opposition re 92 MOTION in Limine Ten (10) Concerning
Alleged Cumulative Expert Testimony, filed by Plaintiff MICHAEL G.
SHOTTS, JR. (Schroeder, Peter) (Entered: 01/09/2007)
01/09/2007 134 RESPONSE in Opposition To Plaintiff's Trial Brief Re: Tractor Articles, filed
by Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA,
BRP US Inc., BOMBARDIER, INC.. (Martin, William) (Entered: 01/09/2007)
01/09/2007 135 RESPONSE in Opposition To Plaintiff's Motion In Limine No. One (1), filed by
Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP
US Inc., BOMBARDIER, INC.. (Attachments: # 1 Exhibit A# 2 Exhibit
B)(Martin, William) (Entered: 01/09/2007)
01/10/2007 136 ORDER granting 130 Motion of the Bombardier Entities to File Reply to
Opposition of Plaintiff to Bombardier's Daubert Motions. Signed by Judge
David Frank Hamilton on 01/10/2007. (CEB) (Entered: 01/10/2007)
01/10/2007 137 REPLY in Support of Motion re 56 MOTION of Bombardier to Exclude the
Expert Testimony of Wade Bartlett Concerning the Effect of Attaching the Tow
Strap to the Trailer Hitch, 57 MOTION Daubert Motion No. 3 to Exclude
William Kitzes From Testifying Regarding Bombardier's Safety Program, 54
MOTION Daubert Motion No. 1 to Exclude Expert Testimony of Edward
Karnes, William Kitzes and Wade Bartlett Regarding Issue of Causation, filed
by Defendants BOMBARDIER MOTOR CORPORATION OF AMERICA,
BOMBARDIER, INC. (Attachments: # 1 Deposition)(MAC) (Entered:
01/10/2007)
01/11/2007 138 ORDER granting 64 Motion to Appear pro hac vice. Attorney R. Bryan Martin
for DEFTS added. Signed by Judge Tim A. Baker on 1/11/07. (SWM)
(Entered: 01/11/2007)
01/11/2007 139 ORDER granting defts' 105 Motion to Withdraw 68 MOTION in Limine No.
1. Signed by Judge Tim A. Baker on 1/11/07. (SWM) (Entered: 01/11/2007)
01/17/2007 140 SCHEDULING ORDER:Telephonic Scheduling Conference set for 1/18/2007
04:00 PM before Judge David Frank Hamilton. Issued by Judge David Frank
Hamilton on 01/17/2007. (CEB) (Entered: 01/17/2007)

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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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Exhibit A - IC 34-20-5-1# 2 Exhibit B - Flis v Kia Motors Corp SD Ind 2006#


3 Exhibit C - Schultz v Ford Motor Co# 4 Exhibit D - Flis v Kia Motors Corp
SD Ind 2005# 5 Exhibit E - Proposed Jury Instruction# 6 Exhibit F - Proposed
Supplemental Jury Instruction)(Kirschner, Eric) (Entered: 07/24/2007)
07/26/2007 156 MOTION to Strike 155 Response in Opposition to Motion,,, filed by Plaintiff
MICHAEL G. SHOTTS, JR., (Schroeder, Peter) (Entered: 07/26/2007)
08/08/2007 157 RESPONSE in Opposition re 156 MOTION to Strike 155 Response in
Opposition to Motion,, Bombardier Entities' Response to Plaintiff's Motion to
Strike Bombardier's Citation of Additional Authorities, filed by Defendants
BOMBARDIER MOTOR CORPORATION OF AMERICA, BRP US Inc.,
BOMBARDIER, INC.. (Attachments: # 1 Exhibits 1, 2 and 3)(Kirschner, Eric)
(Entered: 08/08/2007)
08/09/2007 158 Proposed Voir Dire by MICHAEL G. SHOTTS, JR. (Schroeder, Peter)
(Entered: 08/09/2007)
08/14/2007 159 MOTION for Clarification, filed by Plaintiff MICHAEL G. SHOTTS, JR.,
(Attachments: # 1 Exhibit Bourke v. Ford Motor Co.)(Schroeder, Peter)
(Entered: 08/14/2007)
08/15/2007 160 ENTRY on 8/10/2007 Final Pretrial Conference (see Entry): denying 54
Daubert Motion No. 1 to Exclude Expert Testimony of Edward Karnes,
William Kitzes and Wade Bartlett Regarding Issue of Causation; granting 57
Daubert Motion No. 3 to Exclude William Kitzes From Testifying Regarding
Bombardier's Safety Program; denying 58 Motion to Exclude Certain Expert
Opinions; denying 73 Second Motion in Limine; denying 96 Motion in Limine
No. 4. Signed by Judge David Frank Hamilton on 8/15/2007. (LSC) (Entered:
08/15/2007)
08/17/2007 161 Submission Plaintiff's Response to Defendants' Objections to Deposition
Designation of Eric Dube, filed by Plaintiff MICHAEL G. SHOTTS, JR.
(Schroeder, Peter) (Entered: 08/17/2007)
08/17/2007 162 Submission Plaintiff's Response to Defendants' Objections to Deposition
Designation of Jeannot Belanger, filed by Plaintiff MICHAEL G. SHOTTS,
JR. (Schroeder, Peter) (Entered: 08/17/2007)
08/17/2007 163 STIPULATION The Parties' Stipulation as to: 1) Costs Incurred by Plaintiff;
and 2) the Admissibility of the Medical Costs Summary for Michael Shotts, Jr.,
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., Plaintiff
MICHAEL G. SHOTTS, JR. (Attachments: # 1 Exhibit 1 - Medical Costs
Summary for Michael Shotts, Jr.)(Schroeder, Peter) (Entered: 08/17/2007)
08/20/2007 164 Court's Preliminary Jury Instructions. (LSC) (Entered: 08/20/2007)

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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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attached to this entry. (LSC) (Entered: 08/24/2007)


08/24/2007 171 Courtroom Minutes for proceedings held before Judge David Frank Hamilton :
Jury Trial continues on 8/24/2007; the testimony of Dr. Frantz continued and
was concluded; jury admonished and permitted to separate; court adjourned
until 0900 on 08/27/2007. (Court Reporter Fred Pratt.) (CEB) (Entered:
08/24/2007)
08/27/2007 172 INSTRUCTION Plaintiff's Supplemental Requested Final Instructions by
MICHAEL G. SHOTTS, JR. (Schroeder, Peter) (Entered: 08/27/2007)
08/27/2007 173 Court's Final Jury Instructions (Draft). (CEB) (Entered: 08/27/2007)
08/27/2007 174 Verdict Form (Draft). (CEB) (Entered: 08/27/2007)
08/27/2007 175 Courtroom Minutes for proceedings held before Judge David Frank Hamilton :
Jury Trial continues on 8/27/2007; jury went to Haspin Acres to view the scene
of the accident; counsel for the parties returned to court to address the Court's
proposed final instructions and verdict form; copy of a draft of the Court's final
instructions and verdict form provided to counsel for the parties; the Court
heard and ruled upon objections; court adjourned until 0900 on 08/28/2007.
(Court Reporter Fred Pratt.) (CEB) (Entered: 08/27/2007)
08/28/2007 176 Court's Final Jury Instructions. (LSC) (Entered: 08/28/2007)
08/28/2007 177 VERDICT Form. (LSC) (Entered: 08/28/2007)
08/28/2007 178 Courtroom Minutes for proceedings held before Judge David Frank Hamilton :
Jury Trial continues on 8/28/2007; outside the presence of the jury, the Court
addressed and ruled upon plaintiff's objections to certain exhibits defendant
sought to introduce into evidence; upon the return of the jury to open court,
defendant presented the testimony of Kevin Breen; the jury was shown an
exemplar of the ATV at issue in this action; defendant rested; there was no
rebuttal evidence; outside the presence of the jury, defendant renewed its
motion for a judgment as a matter of law; the Court denied this motion as well
as defendant's motion for judgment as a matter of law made at the close of
plaintiff's case-in-chief; copies of the Court's final instructions and verdict form
provided to and read to jurors; final arguments made; the Court gave closing
instructions; bailiff sworn; jury admonished and permitted to separate until
0900 on 08/29/2007 to begin deliberations. (Court Reporter Fred Pratt.) (CEB)
Modified on 8/28/2007 (CEB). (Entered: 08/28/2007)
08/29/2007 179 EXHIBITS in Evidence re Jury Trial held 8/20/2007 through 8/29/2007. (LSC)
(Entered: 08/29/2007)
08/29/2007 180 JURY VERDICT (**REDACTED**). (LSC) (Entered: 08/29/2007)
08/29/2007 181 Minute Entry for proceedings held before Judge David Frank Hamilton : Jury
Trial completed on 8/29/2007; two additional bailiffs sworn;jury deliberated; a
juror sent a note to the Judge; upon agreement of counsel for both parties, the

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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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this appeal. (TMA) (Entered: 01/02/2008)


02/01/2008 201 CLERK'S ENTRY - Counsel are advised that the trial exhibits received in the
above cause are now released and may be receipted for in the Clerk's Office,
105 U. S. Courthouse, between the hours of 8:30 a.m. and 4:30 p.m. If not
taken, the items will be disposed of on March 3, 2008. (LSC) (Entered:
02/01/2008)
02/25/2008 202 RECEIPT for 201 EXHIBITS. (LSC) (LSC) (Entered: 02/25/2008)

Case #: 1:05-cv-01049-DFH-TAB

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