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05-1721 - Cessna 208 Series Aircraft Products Liability Litigation


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05-1721 - Cessna 208 Series Aircraft Products Liability Litigation
October 26, 2006
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ORDER sustaining 71 Motion for Good Faith Finding and Dismissal of USA in Emmons. This matter is before the Court on the Joint Motion for Dismissal (in 05-1721) of the United States in Emmons, 05-2532. The U.S. is discharged from all liability and the claims against the US are DISMISSED with prejudice. Signed by Judge Kathryn H. Vratil on 10/26/2006. (ck )
October 26, 2006
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SUGGESTION OF REMAND re 86 Joint Request to Remand. The Clerk is directed to forward a copy of this Suggestion of Remand to the Judicial Panel for Multidistric Litiugation. Recommendation: The Judicial Panel on Multidistict Litigation remand to the United States District Court for the Northern District of Texas the claims of Fry, et al. vs. Cessna Aircraft Co., et al. Signed by Judge Kathryn H. Vratil on 10/26/2006. (ck, )
December 22, 2006
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MEMORANDUM AND ORDER denying without prejudice 76 Motion for Leave to File, as set out herein; denying without prejudice 77 Motion for Leave to File, as set out herein; denying without prejudice 78 Motion for Leave to File, as set out hererin; and denying without prejudice 79 Motion for Leave to File, as set out herein. IT IS FURTHER ORDERED that to the extent these Plaintiffs still wish to amend their complaints to add fraud and punitive damages claims, they may file motions to amend consistent with this opinion on or before January 5, 2007. Signed by Magistrate Judge David J. Waxse on 12/22/2006.(jm)
February 13, 2007
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Minute Entry for proceedings held before Judge Kathryn H. Vratil: Motion Hearing held on 2/13/2007 re 162 MOTION for Settlement, overruled without prejudice. (Court Reporter Teri Hallberg.) (ls)
April 3, 2007
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MEMORANDUM AND ORDER granting 131 Emmons Plaintiffs' Second Motion for Leave to File Amended Complaint; granting 132 Ingram Plaintiffs' Second Motion for Leave to File Amended Complaint; granting 133 Villanueva Plaintiffs' Second Motion for Leave to File Amended Complaint; and granting 134 Morris/Fleck Plaintiffs' Second Motion for Leave to File Amended Complaint. Pursuant to D. Kan. Rule 15.1, Plaintiffs shall file their Second Amended Complaints within ten (10) days of the date of this Order. Signed by Magistrate Judge David J. Waxse on 4/3/2007. (byk)
May 15, 2007
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ORDER re 212 MOTION for Summary Judgment and Brief in Support filed by Flightsafety International, Inc. Because FlightSafety's factual statement is limited to some three pages, the Court will require FlightSafety to submit a revised factual statement which complies with D. Kan. Rule 56.1(a) no later than May 21, 2007. Rule 56.1(a) is designed so that the parties and the Court can identify any disputed factual assertions. All parties to this MDL action are advised that they must comply with the Rules of Practice and Procedure for the District of Kansas. Signed by Judge Kathryn H. Vratil on 5/15/07.(ls)
July 25, 2007
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MEMORANDUM AND ORDER granting 198 Defendant Cessna Aircraft Company's Motion for Reconsideration. The portion of the Court's April 3, 2007 Memorandum and Order (doc. 183) that permitted the Ingram and Villanueva Plaintiffs to add a claim for punitive damages is hereby vacated. Signed by Magistrate Judge David J. Waxse on 7/25/2007. (byk)
July 27, 2007
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MEMORANDUM AND ORDER overruling 252 Motion to Strike Defendant FlightSafety International, Inc.'s 252 Motion for Summary Judgment. Signed by Judge Kathryn H. Vratil on 7/27/2007. (ck )
February 12, 2008
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ORDER. Court orders that on or before February 25, 2008, the parties shall notify the Court whether they have settled the case. If parties have been unable to settle the case by that date, then on or before March 19, 2008, Carlos Melo-Ferrer and/or Cessna Finance Corporation may respond to Cessna Aircrafts motion to dismiss. On or before April 11, 2008, Cessna Aircraft may file a reply. Signed by Chief Judge Kathryn H. Vratil on 2/12/08.(ls)
March 7, 2008
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MEMORANDUM AND ORDER Sustaining in Part 212 Motion for Summary Judgment. The Court sustains FlightSafetys motion as to plaintiffs claims for breach of implied warranty. FlightSafetys motion is otherwise overruled. Signed by Chief Judge Kathryn H. Vratil on 3/7/2008. (ck)
April 23, 2008
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MEMORANDUM AND ORDER overruling 269 Motion to Dismiss. Signed by Chief Judge Kathryn H. Vratil on 4/23/08. (ls)
June 10, 2008
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ORDER TO SHOW CAUSE why the Court should not sustain Cessna Finance's Motion To Dismiss (Doc. #306) and ORDER MODIFYING DEADLINES on Cessna Aircraft's Motion To Dismiss (Doc. #438). Signed by Chief Judge Kathryn H. Vratil on 06/10/2008.(bg)
July 17, 2008
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MEMORANDUM AND ORDER overruling Defendant Cessna Aircraft Companys Motion To Dismiss Duplicative Cases Konovalova And Pyanina (Doc. 454 in MDL No. 1721) filed June 13, 2008; overruling Plaintiffs Motion To Voluntarily Dismiss Pursuant To Federal Rule Of Civil Procedure Rule 41(a)(2) Without Prejudice (Doc. 499 in MDL No. 1721) filed July 7, 2008; and overruling Plaintiffs Notice Of Motion And Motion For Voluntary Dismissal Of Complaint Without Prejudice (Doc. #30 in D. Kan. No. 07-1367) filed June 20, 2008. Signed by Chief Judge Kathryn H. Vratil on 7/17/2008. (ck)
August 7, 2008
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MEMORANDUM AND ORDER granting 424 Defendant Cessna Aircraft Company's Motion to Compel Discovery From Plaintiff Vera Baldaeva. Plaintiff Baldaeva shall serve supplemental responses fully responding to Cessna's Interrogatory Nos. 6, 7, 12, 15, and 17 within sixty (60) days of the date of this Memorandum and Order. This document relates only to Konovalova et al. v. Cessna Aircraft Co., et al. Signed by Magistrate Judge David J. Waxse on 8/7/2008. (byk)
November 17, 2008
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ORDER overruling 523 Motion to Strike William D. Waldock's Revised Expert Report. Signed by Chief Judge Kathryn H. Vratil on 11/17/2008. (bg)
December 5, 2008
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MEMORANDUM AND ORDER denying 595 Plaintiffs' Motion for Protective Order Relating to the Deposition of Steven McNew. Signed by Magistrate Judge David J. Waxse on 12/5/2008. (byk)
December 17, 2008
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MEMORANDUM AND ORDER sustaining 547 Goodrich Corporation's Motion for Judgment; sustaining 548 Cessna Aircraft Company's Motion for Summary Judgment; overruling 550 Cessna Aircraft Company's Motion for Hearing; overruling 551 Goodrich Corporation's Motion for Hearing; overruling 588 Plaintiffs' Motion for Hearing. Judgment to be entered in favor of Cessna Aircraft Company and Goodrich Corporation in D. Kan. Case No. 06-cv-2365-KHV. Signed by Chief Judge Kathryn H. Vratil on 12/17/2008. (bg)
January 23, 2009
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ORDER regarding the issue of whether all parties should be required to set out, in the proposed pretrial order, their respective lists of essential elements for all theories of recovery and defenses pled. Signed by Magistrate Judge David J. Waxse on 1/23/2009.(byk)
January 30, 2009
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ORDER overruling 418 Motion for Reconsideration re 404 Order on Motion to Dismiss. Signed by Chief Judge Kathryn H. Vratil on 1/30/2009. (nf)
February 5, 2009
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MEMORANDUM AND ORDER sustaining 508 Motion to Dismiss Fraud and Punitive Damages Claim (Count III) in re 486 the CONSOLIDATED AMENDED COMPLAINT by Consolidated Washington Plaintiffs' and overruling 572 Motion for Hearing. Order applies to cases consolidated as Jones v. Cessna Aircraft Co., D. Kan. No. 08-2273. Signed by Chief Judge Kathryn H. Vratil on 02/05/2009. (bg) Modified on 2/6/2009 (ck).
February 19, 2009
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ORDER overruling 604 Motion For A Separate Trial On The Issue Of Airworthiness. Signed by Chief Judge Kathryn H. Vratil on 02/19/2009. (bg)
March 26, 2009
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ORDER sustaining 764 Motion to Certify. Signed by Chief Judge Kathryn H. Vratil on 03/26/2009. (bg)
April 7, 2009
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MEMORANDUM AND ORDER denying 669 Plaintiffs' Motion to Lift Protective Order as to Certain Cessna Documents. Signed by Magistrate Judge David J. Waxse on 4/7/2009. (byk)
April 9, 2009
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MEMORANDUM AND ORDER sustaining in part 757 Motion for Reconsideration and overruling 759 Motion to Amend Complaint. In its Memorandum And Order (Doc. #740), the Court dismissed the Third Claim For Relief of Plaintiffs Consolidated Complaint At Law (Doc. #486) filed June 24, 2008. In particular, the Court dismissed that claim as an independent basis of relief. Based on this ruling, the Court now construes the allegations in plaintiffs Third Claim For Relief as a supplement to their prayer for relief under their First Claim (Products Liability) against Cessna. Signed by Chief Judge Kathryn H. Vratil on 04/09/2009. (bg)
April 21, 2009
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MEMORANDUM AND ORDER sustaining in part 747 Cessna Aircraft Company's Motion for Attorney Fees and Request For Stay of Ruling On Costs And Fees. The Court sustains the motion to stay ruling on the issue of costs until a final decision on appeal. The Court overrules Cessna Aircraft Company's motion for attorney fees. Signed by Chief Judge Kathryn H. Vratil on 04/21/2009. (bg)
April 27, 2009
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MEMORANDUM AND ORDER sustaining 640 Motion in Limine To Exclude NTSB Reports and Related Documents; overruling 664 Motion to Strike. Signed by Chief Judge Kathryn H. Vratil on 04/27/2009. (bg)
April 30, 2009
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ORDER overruling 729 Motion in Limine To Exclude Testimony Of Edward R. Holmes. Signed by Chief Judge Kathryn H. Vratil on 04/30/2009. (bg)
May 5, 2009
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ORDER overruling 721 Motion in Limine To Preclude Expert Testimony Faulting Goodrich For The Allegedly Defective Design of The Cessna Caravan 208B. Signed by Chief Judge Kathryn H. Vratil on 05/05/2009. (bg)
May 5, 2009
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MEMORANDUM AND ORDER sustaining in part 718 Cessna Aircraft Company's Motion For Partial Summary Judgment Against Brown County Financial Services, LLC. The Court sustains Cessna's motion as to the negligence claim of Brown County Financial Services, LLC. The Court otherwise overrules Cessna's motion. Signed by Chief Judge Kathryn H. Vratil on 05/05/2009. (bg)
May 12, 2009
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MEMORANDUM AND ORDER sustaining 722 Cessna Aircraft Company's Motion in Limine To Exclude The Expert Testimony Of Alan Strudler. Signed by Chief Judge Kathryn H. Vratil on 05/12/2009. (bg)
June 9, 2009
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MEMORANDUM AND ORDER overruling Plaintiffs' Motion in Limine To Exclude Common Issue Experts Nelson, Barnett, Holmes, Selig and McFall (Doc. #733). Signed by Chief Judge Kathryn H. Vratil on 06/09/2009. (bg)
September 1, 2009
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MEMORANDUM AND ORDER sustaining 883 Motion to Dismiss. On or before September 15, 2009, Brown County Financial Services, L.L.C. may file an amended statement of factual contentions to cure the deficiencies identified in this order. Signed by Chief Judge Kathryn H. Vratil on 09/01/2009. (bg)
September 1, 2009
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MEMORANDUM AND ORDER sustaining in part 707 Cessna Aircraft Company's Motion in Limine To Exclude FAA Documents. Signed by Chief Judge Kathryn H. Vratil on 09/01/2009. (bg)
September 9, 2009
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MEMORANDUM AND ORDER sustaining 658 Motion in Limine To Exclude Testimony of Peter H. Hildebrand. Signed by Chief Judge Kathryn H. Vratil on 09/09/2009. (bg)
September 30, 2009
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MEMORANDUM AND ORDER overruling 661 Cessna's Motion In Limine To Exclude Testimony Of William D. Waldock. Signed by Chief Judge Kathryn H. Vratil on 09/30/2009. (bg)
November 4, 2009
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MEMORANDUM AND ORDER overruling 893 Motion To Issue Suggestion Of Remand. Signed by Chief Judge Kathryn H. Vratil on 11/04/2009. (bg)
November 4, 2009
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MEMORANDUM AND ORDER overruling 911 Motion To Reconsider Order Sustaining Motion In Limine To Exclude Testimony Of Peter H. Hildebrand. Signed by Chief Judge Kathryn H. Vratil on 11/04/2009. (bg)
November 4, 2009
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ORDER TO SHOW CAUSE in writing on or before November 13, 2009 why the Court should not suggest to the Judicial Panel on Multidistrict Litigation to remand to the original transferor courts D. Kan. Nos. 05-2531, 05-2533, 05-2534, 06-2261, 07-2120 and cases consolidated as D. Kan. No. 08-2273. The parties shall further show good cause in writing why the Court should not dismiss D. Kan. Nos. 08-2304 and 09-2111 as duplicative of D. Kan. Nos. 07-1363 and 07-1367. Signed by Chief Judge Kathryn H. Vratil on 11/04/2009.(bg)
November 9, 2009
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MEMORANDUM AND ORDER overruling 698 Motion In Limine To Exclude Testimony Of Douglas R. Herlihy; overruling 871 Motion For Hearing On Motion In Limine To Exclude Testimony Of Douglas R. Herlihy; sustaining in part 724 Motion In Limine To Exclude Testimony Of Ronald Stearman; sustaining in part 674 Motion In Limine To Exclude Testimony Of William R. Twa, Jr.; overruling 873 Motion For Hearing On Motion In Limine To Exclude Testimony Of William R. Twa, Jr.; sustaining in part 700 Motion In Limine To Exclude Testimony Of William J. Rieke; overruling 863 Motion For Leave To File A Surreply; overruling 869 Motion For Hearing On Motion In Limine To Exclude Testimony Of William J. Rieke. Signed by Chief Judge Kathryn H. Vratil on 11/09/2009. (bg)
November 16, 2009
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MEMORANDUM AND ORDER overruling 731 Plaintiffs' Motion For Summary Judgment; overruling 885 Cessna's Motion For Leave To File A Surreply. Signed by Chief Judge Kathryn H. Vratil on 11/16/2009. (bg)
March 11, 2010
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SUMMARY ORDER IN PREPARATION FOR REMAND re 06-2261 Fry, et al., vs. Cessna Aircraft Company, et al. Signed by Chief Judge Kathryn H. Vratil on 3/11/2010.(ck)