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MDL 2316

 
 

MDL 2316 Ford Motor Co. Spark Plug and 3-Valve Engine Products Liability Litigation

 

 

Master Docket Number: 1:12-md-2316
Presiding Judge: Benita Y. Pearson
Chambers 330-884-7435
Description Actions share factual questions arising from the design or manufacture of three-valve engines used on a wide range of Ford vehicles and related spark plugs.
Plaintiffs' Co-Lead Class Counsel

Jeffrey S. Goldenberg
Goldenberg Schneider
18th Floor
One West Fourth Street
Cincinnati, OH  45202
513-345-8291
Fax: 513-345-8294
Email: jgoldenberg@gs-legal.com

James C. Shah
Shepherd Finkelman Miller & Shah
475 White Horse Pike
Collingswood, NJ  08107
856-858-1770
Fax: 856-858-7012
Email: jshah@sfmslaw.com

Plaintiff's Class Counsel Executive Committee Steve W. Berman (Chair)
Hagens Berman Sobol Shapiro
Ste. 3300
1918 Eighth Avenue
Seattle, WA 98101
206-224-9320
Fax: 208-788-3577
Email: steve@hbsslaw.com

Michael A. Caddell
Caddell & Chapman
Ste. 1070
1331 Lamar Street
Huston, TX 77010
713-751-0400
Fax: 713-751-0906
Email: mac@caddellchapman.com

Mark Schlachet
3637 South Green Road
Beachwood, OH  44122
216-896-0714
216-514-6406
mschlachet@gmail.com

Mitchell A. Toups
Weller Green Toups & Terrell
2615 Calder Street
P.O. Box 350
Beaaumont, TX  77704
409-838-0101
Fax: 409-832-8577
Email: matoups@wgttlaw.com

 

Orders Pertaining to MDL 2316

 

Transfer Order Initial Transfer Order from Judicial Panel on Multidistrict Litigation 2/8/2012
Amended Practice and Procedure Order  Initial pretrial conference scheduled for 4/13/2012 at 9:30a.m. 3/5/2012
Order Correcting docket to reflect In re: Ford Motor Co. Spark Plug and 3-Valve Engine Products Liability Litigation 5/2/2012
Initial Pretrial Order Initial Pretrial Conference held on 5/2/2012. Interim Co-Lead Class Counsels Motion for Approval of Organizational Structure for Plaintiffs Class Counsel (ECF No. 6 ) is granted. Pezzi/Lanzi Plaintiffs Motion for Inclusion in Plaintiffs Class Counsel Executive Committee (ECF No. 16 ) and Fletcher Trammells Application for Plaintiffs Class Counsel Committee Membership (ECF No. 22 ) are denied. Status Conference set for 5/23/2012 at 03:00 PM in Courtroom 351 before Judge Benita Y. Pearson. 5/4/2012
Case Management Plan A Telephonic Status Conference was conducted on 5/23/2012. Case Management Schedule outlined within order. 5/24/2012
Order Defendant's Motion for Summary Judgment (ECF No. 42 ), Plaintiffs' Motion to Strike the Expert Declaration of Paul M. Taylor or Exclude Defendant From Introducing His Expert Declaration and Testimony (ECF No. 45 ), Plaintiffs' Motion to Strike the Expert Declaration of Christine T. Wood, Ph.D. or Exclude Defendant From Introducing a Portion of Her Expert Declaration and Testimony (ECF No. 46 ), and Defendant's Motion to Strike the Declaration of R. Scott King (ECF No. 56 ) are pending in this action. According to Defendant, Plaintiffs have not responded to some of its arguments in support of Defendant's request for summary judgment. Accordingly, it is ordered that the four (4) motions are scheduled for oral argument on 8/23/2013 at 1:30 p.m., before Judge Benita Y. Pearson, in Courtroom 351, Federal Building - United States Courthouse, 125 Market Street, Youngstown, Ohio. 7/10/2013
Memorandum of Opinion and Order Ford's Motion for Summary Judgment (ECF No. 42 ) is granted in part and denied in part. To the extent a claim has been made, summary judgment is granted in favor of Ford on the statutory fraud claim of all Plaintiffs based on an affirmative misrepresentation by Ford. Summary judgment is granted in favor of Ford on all express warranty claims of Plaintiffs East Texas Poultry Supply, Jares, Wall, Sondgerath, and Kinch because they failed to give notice of breach as required by statute and judicial decision in Texas, Ohio, and Florida. Because Plaintiffs Anz, Brewer, Ernestburg, and Kinch do not have standing to claim that the express warranty period is unconscionable when they purchased their vehicles used and were not parties to the contract with Ford, summary judgment is granted in favor of Ford. The negligence and implied warranty in tort claims of Plaintiffs Buckeye Management Group and Precast Services are withdrawn. The Court grants summary judgment in favor of Ford on Plaintiffs' diminution of value theory of damages. Summary judgment is granted in favor of Ford on Perko's negligence claim. Finally, summary judgment is granted in favor of Ford on the "diminution in value" claims of Plaintiffs Luke, Garber, Weisberg, and East Texas Poultry Supply. Summary judgment is denied as to all other claims. 7/30/2014