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13-397 - Rivera v. Volvo Cars of North America, LLC et al


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13-397 - Rivera v. Volvo Cars of North America, LLC et al
August 5, 2014
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ORDER by Chief Magistrate Judge Karen B. Molzen granting in part and denying in part 76 Defendant VCNA, LLC's Motion for Protective Order. (KBM)
January 8, 2015
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ORDER by Chief Magistrate Judge Karen B. Molzen granting in part and denying in part 111 119 and 127 Motions to Compel. (KBM)
February 9, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting 56Plaintiff's Motion for Leave to File Amended Pleading. (tah) Modified text on 2/10/2015 (yc).
April 29, 2015
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ORDER by District Judge Kenneth J. Gonzales denying 189 Defendant's Motion for Reconsideration; denying 204 Defendant's Motion to Dismiss Plaintiff's Failure -to-Warn Claim; denying as moot 215 Plaintiff's Conditional Motion for Leave to Amend; and striking 213 Plaintiff's Third Amended Complaint. (tah)
May 21, 2015
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ORDER by District Judge Kenneth J. Gonzales granting 296 Unopposed Motion for Leave to File Surreply; and granting 297 Unopposed Motion for Leave to File a Response to any Sur-Reply Permitted Regarding Doc. No. 282. Plaintiff may file a surreply limited to six (6) double-spaced pages on or before May 25, 2015. Defendant VCNA shall have five (5) days thereafter to file a response to Plaintiffs surreply limited to six (6) double-spaced pages. (tah)
May 28, 2015
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ORDER by District Judge Kenneth J. Gonzales granting 304 Unopposed Motion to Redact 295 Transcript. (tah)
May 28, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying, in part, 184 Defendant Volvo Cars of North America, LLC's Motion to Exclude Opinions and Bases of Plaintiff's Experts' that were not Disclosed in their Expert Reports. (tah)
May 28, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 244 Defendant's Motion to Exclude Michelle Hoffman and for Summary Judgment as to Causation. (tah)
June 8, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting 245 Defendant's Motion to Exclude Plaintiff's Expert Witness Robert Johnson's Testimony on Hedonic Damages and Wage Loss Scenarios. (tah)
June 10, 2015
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ORDER by District Judge Kenneth J. Gonzales to meet and confer prior to the July 21-22, 2015, Motion in Limine hearing. (tah)
June 10, 2015
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ORDER by District Judge Kenneth J. Gonzales denying 153 Plaintiff's Motion to Strike the Testimony of James Funk Ph.D., P.E., Under Rule 702; granting 243 Defendant VCNA's Motion for Summary Judgment on Plaintiff's Failure-to-Warn Claim and to Exclude Plaintiff's Expert Robert Cunitz; and denying, in part, as moot, and granting, in part, 239 Plaintiff's Motion to Strike the Testimony of Christine T. Wood, Ph.D. (tah)
June 10, 2015
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FINAL ORDER FOR PARTIAL SUMMARY JUDGMENT by District Judge Kenneth J. Gonzales in favor of Defendant VCNA as to Plaintiff's failure-to-warn claim of the 192 Second Amended Complaint. (tah)
June 11, 2015
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ORDER by District Judge Kenneth J. Gonzales granting, in part, 184 Defendant's Motion to Exclude Opinions and Bases of Plaintiff's Experts That Were Not Disclosed in Their Expert Reports. (tah)
June 18, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 248 Defendant VCNA's Motion to Exclude Gerald Rosenbluth and for Summary Judgment as to Plaintiff's Defect and Negligence Claims. (tah)
June 22, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 241 Defendant Volvo Cars of North America, L.L.C.'s Daubert Motion to Exclude Plaintiff's Expert Witness Joseph Callahan. (tah)
June 22, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 242 Defendant Volvo Cars of North America, L.L.C.'s Daubert Motion to Exclude Plaintiff's Expert Witness Dawn Cook. (tah)
June 23, 2015
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ORDER VACATING DAUBERT HEARING AND SETTING A TELEPHONIC MOTION HEARING/STATUS CONFERENCE by District Judge Kenneth J. Gonzales. Telephonic hearing on 324 Plaintiff's Motion for Viewing and Inspection of Subject Vehicle set for 6/29/2015 at 1:30 PM in Las Cruces - Telephonic Hearing/Conference before District Judge Kenneth J. Gonzales. A telephonic status conference will follow immediately after the motion hearing. (tah)
June 23, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting, in part, 238 Plaintiff's Motion to Strike Defendant's Expert James Salmon, Ph.D., PE. (tah)
June 25, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 237 Plaintiff's Motion to Strike the Testimony of Susan E. Biffl, M.D. Under Rule 702. (tah)
June 29, 2015
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ORDER by District Judge Kenneth J. Gonzales denying 324 Plaintiff's Motion for Viewing and Inspection of the Subject Vehicle. (tah)
July 1, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting 249 Defendant Volvo Cars of North America, L.L.C.'s Motion for Partial Summary Judgment on Product Liability Negligence as a Matter of Law. (tah)
July 1, 2015
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FINAL ORDER FOR PARTIAL SUMMARY JUDGMENT in favor of Defendant against Plaintiff by District Judge Kenneth J. Gonzales. Plaintiff's product liability negligence claim of the Second Amended Complaint is dismissed with prejudice. (tah)
July 2, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 246 Defendant's Motion for Partial Summary Judgment on Affirmative Defense of Plaintiff's Negligence. (tah)
July 2, 2015
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FINAL ORDER FOR PARTIAL SUMMARY JUDGMENT by District Judge Kenneth J. Gonzales granting in part 240 Opposed MOTION for Partial Summary Judgment by Andres Rivera and in favor of Plaintiff as to Defendant VCNA's fourth affirmative defense of A.R.'s comparative negligence in the 294 Answer; and in favor of Plaintiff as to Defendant VCNA's fifth, sixth, and ninth affirmative defense of independent intervening cause in the 294 Answer. (tah) Modified text on 7/13/2015 (jn).
July 2, 2015
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FINAL ORDER FOR PARTIAL SUMMARY JUDGMENT by District Judge Kenneth J. Gonzales in favor of Defendant VCNA as to Plaintiff's punitive damages claim of the 192 Second Amended Complaint and granting 247 Opposed MOTION for Partial Summary Judgment on Claim for Punitive Damages by Volvo Cars of North America, LLC. (tah) Modified text on 7/13/2015 (jn).
July 20, 2015
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ORDER by Chief Magistrate Judge Karen B. Molzen denying 312 Plaintiff's Motion for Sanctions. (KBM)
August 6, 2015
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SECOND AMENDED PRETRIAL ORDER by District Judge Kenneth J. Gonzales. (tah)
August 10, 2015
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ORDER by District Judge Kenneth J. Gonzales striking 425 Third Amended Complaint filed by Andres Rivera; and granting Plaintiff's oral unopposed motion to voluntarily dismiss Defendants Roe Corporations I-X, inclusive, and Defendants John Does, inclusive. (tah)
August 27, 2015
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FINAL JUDGMENT in favor of Plaintiff against Defendant by District Judge Kenneth J. Gonzales. (tah)
August 28, 2015
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**FILED IN ERROR** FINAL JUDGMENT in favor of Plaintiff against Defendant by District Judge Kenneth J. Gonzales. (tah) Modified text on 8/28/2015 (jn).
September 29, 2015
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying in part and granting in part 444 Plaintiff's Motion to Alter Judgment to Include Prejudgment Interest and Post-Judgment Interest. (tah)
December 15, 2015
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ORDER FOR SUPPLEMENTAL BRIEFING by District Judge Kenneth J. Gonzales. (tah)
January 8, 2016
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 475 Defendant's Renewed Motion for Sanctions Regarding Hoffman's Undisclosed Literature.(tah)
January 20, 2016
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting, in part, and denying, in part, 478 Opposed Motion to Review the Clerk's Order Settling Costs by the Court. (tah)
January 21, 2016
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ORDER by District Judge Kenneth J. Gonzales denying 493 Plaintiff's Opposed Motion for Leave to File Surreply. (tah)
February 5, 2016
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MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying in part and granting in part 460 Defendant's Combined Rule 50 and Rule 59 Motion. (tah)
February 5, 2016
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AMENDED FINAL JUDGMENT in favor of Plaintiff against Defendant by District Judge Kenneth J. Gonzales. (tah)
March 8, 2016
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ORDER by District Judge Kenneth J. Gonzales granting 504 Unopposed Motion for Stay of Execution on Final Judgment. (tah)
June 7, 2016
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ORDER REFERRING CASE to Chief Magistrate Judge Karen B. Molzen to hold a fairness hearing to approved settlement by District Judge Kenneth J. Gonzales. (tah)