BISHOP v. BOMBARDIER, INC., Et Al Docket

CM/ECF LIVE - U.S. District Court:gamd https://ecf.gamd.uscourts.gov/cgi-bin/DktRpt.pl?80816439374...
CLOSED
U.S. District Court [LIVE AREA]

Georgia Middle District (Columbus)
CIVIL DOCKET FOR CASE #: 4:04-cv-00040-CDL
Bishop v. Bombardier, Inc., et al Date Filed: 04/05/2004

Assigned to: Judge Clay D. Land Date Terminated: 11/21/2005
Demand: $0 Jury Demand: Plaintiff
Cause: 28:1332 Diversity-Product Liability Nature of Suit: 365 Personal Inj. Prod.
Liability
Jurisdiction: Diversity
Plaintiff
Wayne Bishop represented by Austin Gower
P.O. Box 5509
Columbus, GA 31906
706-324-5685
Email: Austin@CAGower.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
C. Morris Mullin
P.O. Box 351
Columbus, GA 31902
706-320-0600
Email: cmm@waldrepmullin.com
LEAD ATTORNEY
Charles Austin Gower

P.O. Box 5509
Columbus, GA 31906
706-324-5685
Email: Charlie@CAGower.com
LEAD ATTORNEY
V.
Defendant
Bombardier, Inc. represented by Denean K. Sturino
FagelHaber LLC
1 of 11 1/28/11 4:04 PM
55 East Monroe Street

40th Floor
Chicago, IL 60603
312-346-7500
Email: dsturino@fagelhaber.com
LEAD ATTORNEY
Felicia N. Faison
1170 Peachtree Street, N.E.
The Proscenium, Suite 1900
Atlanta, GA 30309
404-870-4600
Email: ffaison@lordbissell.com
LEAD ATTORNEY
R. Bruce Duffield
Lord, Bissell & Brook
115 South LaSalle Street
Suite 3300
Chicago, IL 60603
312-443-0443
Fax: FAX 312-896-6293
LEAD ATTORNEY
Thomas J Strueber
3344 PEACHTREE RD NE STE 2400
ATLANTA, GA 30326
404-876-2700
Fax: 404-875-9433
Email: tstrueber@wwhgd.com
LEAD ATTORNEY
Laura A. Dennard
1170 Peachtree Street
Suite 1900
Atlanta, GA 30309
404-870-4600
Email: ldennard@lordbissell.com
Defendant
2 of 11 1/28/11 4:04 PM
Bombardier Recreational Products, represented by Denean K. Sturino

Inc. (See above for address)
LEAD ATTORNEY
Felicia N. Faison
(See above for address)
LEAD ATTORNEY
R. Bruce Duffield
LEAD ATTORNEY
Thomas J Strueber
LEAD ATTORNEY
Laura A. Dennard
ThirdParty Plaintiff
Bombardier, Inc. represented by Denean K. Sturino
LEAD ATTORNEY
Felicia N. Faison
LEAD ATTORNEY
R. Bruce Duffield
LEAD ATTORNEY
Thomas J Strueber
LEAD ATTORNEY
3 of 11 1/28/11 4:04 PM
Laura A. Dennard
ThirdParty Plaintiff
Bombardier Recreational Products, represented by Denean K. Sturino
Inc. (See above for address)
LEAD ATTORNEY
Felicia N. Faison
LEAD ATTORNEY
R. Bruce Duffield
LEAD ATTORNEY
Thomas J Strueber
LEAD ATTORNEY
Laura A. Dennard
V.
ThirdParty Defendant
Dow Chemical Canada, Inc. represented by Ricky A. Raven
TERMINATED: 08/03/2005 333 Clay Street
Suite 3300
Houston, TX 77002
713-654-8111
TERMINATED: 08/03/2005
LEAD ATTORNEY
Orlyn O. Lockard , III

Alston & Bird
1201 West Peachtree Street
4 of 11 1/28/11 4:04 PM
One Atlantic Center

Atlanta, GA 30309-3424
404-881-7000
Email: slockard@alston.com
TERMINATED: 08/03/2005
Date Filed # Docket Text

04/05/2004 1 COMPLAINT filed; FILING FEE $ 150 RECEIPT # 401795 Service of
Complaint due by 8/3/04 for Bombardier Rec., for Bombardier, Inc. (tls)
(Entered: 04/06/2004)
04/05/2004 SUMMONS(ES) issued for Bombardier, Inc., Bombardier Rec. (tls) (Entered:
04/06/2004)
04/12/2004 Case referred to ARBITRATION (trh) (Entered: 04/12/2004)
05/20/2004 2 ANSWER to Complaint by Bombardier, Inc. (Attorney Thomas J. Strueber)
(cmf) (Entered: 05/20/2004)
05/20/2004 3 ANSWER to Complaint by Bombardier Rec. (Attorney Thomas J. Strueber)
(cmf) (Entered: 05/20/2004)
05/27/2004 4 RULES 16 AND 26 ORDER; proposed scheduling/discovery order due on
7/12/04 . ( signed by Judge Clay D. Land ) (cmf) (Entered: 05/27/2004)
06/01/2004 PRO HAC VICE FEE Paid by Deanna K. Sturino Fee $ 50.00 Receipt # 515756
(tlf) (Entered: 06/03/2004)
06/07/2004 ARBITRATION LETTER mailed. Parties to opt-out of arbitration by 7/6/04
(trh) (Entered: 06/07/2004)
06/18/2004 5 NOTICE of withdrawal of Bruce Duffield as attorney for Bombardier, Inc.,
Bombardier Rec. (tlf) (Entered: 06/22/2004)
07/09/2004 PROPOSED SCHEDULING/DISCOVERY order received (cmf) (Entered:
07/09/2004)
07/14/2004 6 LETTER re: Late Proposed Scheduling/Discovery Order. Proposed
scheduling/discovery order due on 8/2/04 . (cmf) (Entered: 07/14/2004)
07/23/2004 PRO HAC VICE FEE Paid by Bruce Duffield Fee $ 50.00 Receipt # 516306
(tlf) (Entered: 09/13/2004)
08/03/2004 PROPOSED SCHEDULING/DISCOVERY order received (cmf) (Entered:
08/03/2004)
08/11/2004 7 Minute Entry of 8/11/04 for status/discovery conference reset Discovery
completion deadline to 8/25/04 Court Reporter: Betsy Peterson (cmf) (Entered:
5 of 11 1/28/11 4:04 PM
08/12/2004)
08/11/2004 8 SCHEDULING/DISCOVERY ORDER executed. Dispositive Motions to be
filed by 5/16/05 Discovery to be complete 2/28/05 ; ( signed by Judge Clay D.
Land ) (cmf) (Entered: 08/12/2004)
08/24/2004 9 THIRD-PARTY COMPLAINT by Bombardier, Inc., Bombardier Rec. against
Dow Chemical Canada (tls) (Entered: 08/24/2004)
12/08/2004 PRO HAC VICE FEE Paid by Ricky A. Raven $ 50, receipt # 517639 (cmf)
(Entered: 12/10/2004)
12/13/2004 10 NOTICE of Attorney Appearance by Laura A. Dennard on behalf of all parties
(Dennard, Laura) (Entered: 12/13/2004)
12/29/2004 11 MOTION for Discovery by Bombardier, Inc., Bombardier Recreational
Products, Inc., Bombardier, Inc., Bombardier Recreational Products, Inc. filed
by Laura A. Dennard. Response to Motion due by 1/21/2005 Reply to Response
to Motion due by 2/7/2005. (Dennard, Laura) (Entered: 12/29/2004)
01/18/2005 12 NOTICE by Dow Chemical Canada, Inc. (Lockard, Orlyn) (Entered:
01/18/2005)
01/25/2005 13 MOTION to Dismiss for Lack of Jurisdiction by Dow Chemical Canada, Inc.
filed by Orlyn O. Lockard, III. Response to Motion due by 2/17/2005 Reply to
Response to Motion due by 3/7/2005. (Lockard, Orlyn) (Entered: 01/25/2005)
01/25/2005 14 MEMORANDUM in Support filed by Dow Chemical Canada, Inc. re: 13
MOTION to Dismiss for Lack of Jurisdiction (Lockard, Orlyn) (Entered:
01/25/2005)
01/25/2005 15 MEMORANDUM in Support filed by Dow Chemical Canada, Inc. re: 13
MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit Exhibit
A -- Complaint# 2 Exhibit Exhibit B - Third Party Complaint# 3 Exhibit Exhibit
C -- Affidavit of John Macdonald# 4 Exhibit Exhibit D - Purchase Order# 5
Exhibit Exhibit E - Affidavit of Ramesh Ramachandran# 6 Exhibit Exhibit F --
Declaration)(Lockard, Orlyn) (Entered: 01/25/2005)
02/15/2005 16 CORPORATE DISCLOSURE STATEMENT by Dow Chemical Canada, Inc.
-Clerks Office to Notify District Judge of Filing. (Lockard, Orlyn) (Entered:
02/15/2005)
02/17/2005 17 RESPONSE filed by Bombardier, Inc., Bombardier Recreational Products, Inc.,
Bombardier, Inc., Bombardier Recreational Products, Inc. re 13 MOTION to
Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit Exhibit 1)(Dennard,
Laura) (Entered: 02/17/2005)
02/22/2005 18 STIPULATION by Dow Chemical Canada, Inc.. (Lockard, Orlyn) (Entered:
02/22/2005)
6 of 11 1/28/11 4:04 PM
03/03/2005 19 STIPULATION re 17 Response to Motion by Dow Chemical Canada, Inc..

(Lockard, Orlyn) (Entered: 03/03/2005)
03/07/2005 20 REPLY to Response filed by Dow Chemical Canada, Inc. re 13 MOTION to
Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit Exhibits to DCCI
Reply Brief)(Lockard, Orlyn) (Entered: 03/07/2005)
03/22/2005 21 NOTICE of Change of Address by Denean K. Sturino (cmf) (Entered:
03/22/2005)
03/25/2005 22 NOTICE of withdrawal of counsel by Thomas J. Strueber attorney for
Bombardier, Inc., Bombardier Recreational Products, Inc. (cmf) (Entered:
03/25/2005)
03/28/2005 23 Notice of Error in Filing (related document(s): 22 Notice of withdrawal of
attorney (Other) filed by Bombardier, Inc. Bombardier Recreational Products,
Inc.). (cmf) (Entered: 03/28/2005)
03/29/2005 24 NOTICE (CORPORATE DISCLOSURE STATEMENT) by Bombardier, Inc.,
Bombardier Recreational Products, Inc., Bombardier, Inc., Bombardier
Recreational Products, Inc. (Dennard, Laura) (Entered: 03/29/2005)
03/29/2005 25 RULE 26(a)(1) DISCLOSURE by Bombardier, Inc., Bombardier Recreational
Products, Inc., Bombardier, Inc., Bombardier Recreational Products,
Inc..(Dennard, Laura) (Entered: 03/29/2005)
04/20/2005 26 MOTION for Extension of Time to File Filing of Summary Judgment Motions.
by Bombardier, Inc., Bombardier Recreational Products, Inc., Bombardier, Inc.,
Bombardier Recreational Products, Inc. filed by Laura A. Dennard. (Dennard,
Laura) (Entered: 04/20/2005)
04/22/2005 27 This is a text only entry; no document issued. ORDER granting 26 Motion for
Extension of Time Dispositive Motions due by 6/6/2005.. Signed by Judge Clay
D. Land on 04/22/2005. (pgs, ) (Entered: 04/22/2005)
04/22/2005 28 Arbitration Hearing Scheduled for 6/07/2005(trh, ) (Entered: 04/22/2005)
04/26/2005 CERTIFICATE OF SERVICE - I certify that on this date I have mailed by
United States Postal Service a copy of 27 Order on Motion for Extension of
Time (Misc) including any attachments filed with this document to all
non-CM/ECF participants as indicated on the Notice of Electronic Filing. By
Terrie Smith, Deputy Clerk. (tls, ) (Entered: 04/26/2005)
05/04/2005 29 STIPULATION of Dismissal by Bombardier, Inc., Bombardier Recreational
Products, Inc., Bombardier, Inc., Bombardier Recreational Products, Inc..
05/05/2005 30 ORDER re 29 Stipulation of Dismissal of Third-Party Complaint; Third-Party
Complaint is dismissed without prejudice. Signed by Judge Clay D. Land on
5/5/05. (tls, ) (Entered: 05/05/2005)
7 of 11 1/28/11 4:04 PM

United States Postal Service a copy of 30 Order including any attachments filed
with this document to all non-CM/ECF participants as indicated on the Notice of
Electronic Filing. By Terrie Smith, Deputy Clerk. (tls, ) (Entered: 05/06/2005)
06/03/2005 31 MOTION for Summary Judgment by Bombardier, Inc., Bombardier
Recreational Products, Inc., Bombardier, Inc., Bombardier Recreational
Products, Inc. filed by Laura A. Dennard. Response to Motion due by 6/27/2005
Reply to Response to Motion due by 7/13/2005. (Attachments: # 1
Memorandum of Law in Support of Brief# 2 Bombardier's Statement of
Material Facts# 3 Appendix Bombardier's Appendix Cover Page# 4 Exhibit Exh
1 Complaint# 5 Exhibit Exh 2 Plaintiff's Deposition# 6 Exhibit Exh 3
Bombardier's Answer to Complaint# 7 Exhibit Exh 4 Bombardier's Corporate
Disclosure# 8 Exhibit Exh 5 BRP's Answer# 9 Exhibit Exh 6 Dow's Motion To
Dismiss# 10 Exhibit Exh 7 Dow's Corporate Disclosure Statement# 11 Exhibit
Exh 8 Order# 12 Exhibit Exh 9 Scheduling Order# 13 Exhibit Exh 10 Plaintiff's
Rule 26(a) Disclosure# 14 Exhibit Exh 11 Plaintiff's Response to Bombardier's
Interrogatories# 15 Exhibit Exh 12 Bombardier's Rule 26a1 Disclosure# 16
Exhibit Exh 13 Bombardier's Rule 26a2B Expert Disclosure# 17 Exhibit Exh 14
021005 Correspondence from Sturino to Gower# 18 Exhibit Exh 15 Nadeau
Dep Transcript# 19 Exhibit Exh 16 Bombardier's Supp Rule 26a1 Disclosure#
20 Exhibit Exh 17 033005 Corr from Gower to Sturino# 21 Exhibit Exh 18
040405 Corr from Sturino to Gower# 22 Exhibit Exh 19 Various e-mail corr
between Gower and Sturino# 23 Exhibit Exh 20 042205 Order# 24 Exhibit Exh
21 Photographs of SeaDoo# 25 Exhibit Exh 22 Affidavit of Sharpe# 26 Exhibit
Exh 23 Affidavit of Garcia# 27 Exhibit Exh 24 Bill of Sale# 28 Exhibit Exh 25
Affidavit of Nadeau# 29 Exhibit Exh 26 1996 SeaDoo Operator's Guide)
06/07/2005 Arbitration Hearing held on 6/7/2005 Arbitration Award Deadline is
6/21/2005}.(trh, ) (Entered: 06/07/2005)
06/08/2005 32 MOTION to Amend/Correct by Bombardier, Inc., Bombardier Recreational
Products, Inc., Bombardier, Inc., Bombardier Recreational Products, Inc. filed
by Laura A. Dennard. Response to Motion due by 7/1/2005 Reply to Response
to Motion due by 7/18/2005. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit
Exhibit B# 3 Text of Proposed Order)(Dennard, Laura) (Entered: 06/08/2005)
06/08/2005 33 This is a text only entry; no document issued. ORDER granting 32 Motion to
Amend Rule 56.1 Statement of Material Facts and replace Exhibit B to
Appendix 23 . Signed by Judge Clay D. Land on 06/08/2005. (pgs, ) (Entered:
06/08/2005)
United States Postal Service a copy of 33 Order on Motion to Amend/Correct
including any attachments filed with this document to all non-CM/ECF
participants as indicated on the Notice of Electronic Filing. By Terrie Smith,
8 of 11 1/28/11 4:04 PM
Deputy Clerk. (tls, ) (Entered: 06/09/2005)

06/17/2005 34 Letter regarding Extension of Time for Plaintiffs' Response to Defendant's
Motion for Summary Judgment. (Gower, Charles) (Entered: 06/17/2005)
06/20/2005 Reset Deadlines as to 31 MOTION for Summary Judgment. Response to Motion
due by 7/11/2005 Reply to Response to Motion due by 7/28/2005. These dates
are for case management purposes and should not be relied upon by the parties
as they may not be the actual due dates (tlf). (Entered: 06/20/2005)
06/27/2005 35 ARBITRATION AWARD (SEALED) Arbitration Judgment Deadline is
8/1/2005}. (Attachments: # 1 Award Certificate of Service# 2 Award
Notice)(trh, ) (Entered: 06/27/2005)
07/07/2005 36 RESPONSE filed by Wayne Bishop re 31 MOTION for Summary Judgment
(Gower, Charles) (Entered: 07/07/2005)
07/07/2005 37 Statement of Disputed Material Facts filed by Wayne Bishop re 31 MOTION for
Summary Judgment (Gower, Charles) (Entered: 07/07/2005)
07/13/2005 38 MOTION for Hearing by Bombardier, Inc., Bombardier Recreational Products,
Inc., Bombardier, Inc., Bombardier Recreational Products, Inc. filed by Laura A.
Dennard. (Dennard, Laura) (Entered: 07/13/2005)
07/13/2005 39 Letter regarding Joint Final Pre-Trial Order. (Dennard, Laura) (Entered:
07/13/2005)
07/14/2005 40 Notice of Error in Filing (related document(s): 38 Motion for Hearing filed by
Bombardier, Inc., Bombardier Recreational Products, Inc., ). No certificate of
service attached. Certificate of service to be filed. (tls, ) (Entered: 07/14/2005)
07/14/2005 41 CERTIFICATE OF SERVICE by Bombardier, Inc., Bombardier Recreational
Products, Inc., Bombardier, Inc., Bombardier Recreational Products, Inc. re 38
MOTION for Hearing (Dennard, Laura) (Entered: 07/14/2005)
07/14/2005 42 REQUEST for Trial De Novo by Bombardier, Inc., Bombardier Recreational
Products, Inc., Bombardier, Inc., Bombardier Recreational Products, Inc.
(Attachments: # 1 Certificate of Service)(Dennard, Laura) (Entered: 07/14/2005)
07/14/2005 43 Letter regarding Request for Additional Time for Reply Brief. (Dennard, Laura)
(Entered: 07/14/2005)
07/14/2005 44 MOTION for Leave to File Excess Pages by Bombardier, Inc., Bombardier
Recreational Products, Inc., Bombardier, Inc., Bombardier Recreational
Products, Inc. filed by Laura A. Dennard. (Attachments: # 1 Text of Proposed
Order)(Dennard, Laura) (Entered: 07/14/2005)
07/15/2005 Set/Reset Deadlines as to 31 MOTION for Summary Judgment. Received letter
from Defendants requesting 7 day extension to file reply brief. Reply to
Response to Motion now due by 7/31/2005. (tls, ) (Entered: 07/15/2005)
9 of 11 1/28/11 4:04 PM
07/18/2005 45 This is a text only entry; no document issued. ORDER granting 44 Motion for
Leave to File Excess Pages . Signed by Judge Clay D. Land on 07/18/2005.
(pgs, ) (Entered: 07/18/2005)
United States Postal Service a copy of 45 Order on Motion for Leave to File
Excess Pages including any attachments filed with this document to all
07/28/2005 46 NOTICE of HEARING on Motion 31 MOTION for Summary Judgment, 38
MOTION for Hearing: Motion Hearing set for 8/24/2005 at 02:00 PM in
Columbus before Judge Clay D. Land. (esl, ) (Entered: 07/28/2005)
07/29/2005 47 REPLY to Response filed by Bombardier, Inc., Bombardier Recreational
MOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibit
A)(Dennard, Laura) (Entered: 07/29/2005)
07/29/2005 48 REPLY to Response filed by Bombardier, Inc., Bombardier Recreational
MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Dennard, Laura)
(Entered: 07/29/2005)
08/24/2005 49 Minute Entry for proceedings held before Judge Clay D. Land : Motion Hearing
held on 8/24/2005 re 31 MOTION for Summary Judgment filed by Bombardier,
Inc., Bombardier Recreational Products, Inc.,. (esl, ) (Entered: 08/24/2005)
11/16/2005 50 ORDER granting 31 Motion for Summary Judgment . Signed by Judge Clay D.
Land on 11/16/05. (tls, ) (Entered: 11/16/2005)
United States Postal Service a copy of 50 Order on Motion for Summary
Judgment including any attachments filed with this document to all
11/21/2005 51 JUDGMENT in favor of Defendant against Plaintiff. (tls, ) (Entered:
11/21/2005)
11/21/2005 CERTIFICATE OF SERVICE - I certify that on 11/22/05 I have mailed by
United States Postal Service a copy of 51 Judgment to all non-CM/ECF
12/20/2005 52 BILL OF COSTS by Bombardier, Inc., Bombardier Recreational Products, Inc.,
Bombardier, Inc., Bombardier Recreational Products, Inc.. Response to Bill of
Costs due by 1/12/2006. (Dennard, Laura) (Entered: 12/20/2005)
10 of 11 1/28/11 4:04 PM
12/22/2005 53 Response to 52 Bill of Costs filed by Wayne Bishop.. (Gower, Charles)

(Entered: 12/22/2005)
01/04/2006 54 TAXATION OF COSTS in the amount of $ 1,100.76 against Wayne Bishop.
(tls, ) (Entered: 01/05/2006)
United States Postal Service a copy of 54 Taxation of Costs to all non-CM/ECF
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BISHOP v. BOMBARDIER, INC., Et Al Docket

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CM/ECF LIVE - U.S. District Court:gamd https://ecf.gamd.uscourts.gov/cgi-bin/DktRpt.pl?80816439374...

U.S. District Court [LIVE AREA]

Bishop v. Bombardier, Inc., et al Date Filed: 04/05/2004

Charles Austin Gower

55 East Monroe Street

Bombardier Recreational Products, represented by Denean K. Sturino

Orlyn O. Lockard , III

One Atlantic Center

Date Filed # Docket Text

03/03/2005 19 STIPULATION re 17 Response to Motion by Dow Chemical Canada, Inc..

05/06/2005 CERTIFICATE OF SERVICE - I certify that on this date I have mailed by

Deputy Clerk. (tls, ) (Entered: 06/09/2005)

12/22/2005 53 Response to 52 Bill of Costs filed by Wayne Bishop.. (Gower, Charles)

PACER Service Center

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