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 James C. Shah |
| 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 Mark Schlachet Mitchell A. Toups |
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 |
| Order | Order Preliminarily Approving Settlement and Approving Form and Manner of Notice | 6/18/2015 |
| Parties' Joint Notice of Amended Stipulation and Agreement of Settlement | Parties' Joint Notice of Amended Stipulation and Agreement of Settlement | 6/19/2015 |
| Stipulation and Agreement of Settlement | Stipulation and Agreement of Settlement (Exhibit to Parties' Joint Notice of Amended Stipulation and Agreement of Settlement) | 6/19/2015 |