LEARJET INC, et al v. MPC PRODUCTS CORPORATION Docket

8/7/2019 LEARJET INC, et al v. MPC PRODUCTS CORPORATION Docket

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CLOSED, SA, C

U.S. District Court

DISTRICT OF KANSAS (Wichita)CIVIL DOCKET FOR CASE #: 6:05-cv-01074-DWB

Learjet Inc, et al v. MPC Products Corporation

Assigned to: Magistrate Judge Donald W. Bostwick

Demand: $75,000

Cause: 28:1332 Diversity-Product Liability

Date Filed: 03/11/200

Date Terminated: 07/

Jury Demand: Defend

Nature of Suit: 195 CLiability

Jurisdiction: Diversity

Plaintiff

Learjet Inc represented by Amy E. Morgan

Polsinelli Shughart P

6201 College Blvd., S

O l d P k KS 66

District of Kansas https://ecf.ksd.uscourts.gov/cgi-


2/22

Plaintiff

Bombardier Aerospace Corporation

doing business as

Flexjet

represented by Amy E. Morgan

(See above for addres

LEAD ATTORNEY

ATTORNEY TO BE N

Andrew M. DeMare


LEAD ATTORNEY

ATTORNEY TO BE N

Gregory L. Musil


LEAD ATTORNEY

ATTORNEY TO BE N

V.



3/22

Fax: 212-261-8772

Email: kevin.cook@m

LEAD ATTORNEY

PRO HAC VICEATTORNEY TO BE N

William J. Wortel

Bryan Cave LLP - Ch

161 North Clark St. -

Chicago, IL 60601

312-602-5105Fax: 312-698-7505

Email: bill.wortel@b

LEAD ATTORNEY

PRO HAC VICE

ATTORNEY TO BE N

David S. Wooding

M i P i l Oli



4/22

V.

Counter Defendant

Learjet Inc represented by Amy E. Morgan


LEAD ATTORNEY

ATTORNEY TO BE N

Andrew M. DeMare


LEAD ATTORNEY

ATTORNEY TO BE N

Gregory L. Musil


LEAD ATTORNEY

ATTORNEY TO BE N



5/22

04/18/2005 9 MOTION for Extension of Time to File Answer re 1 Compla

MPC Products Corporation(Wooding, David) (Entered: 04/1

04/18/2005 10 ORDER granting 9 Defendant's Motion for Extension of TimComplaint. MPC Products Corporation answer due 5/4/2005

Magistrate Judge Donald W. Bostwick on 4/18/2005. (Bostw

(Entered: 04/18/2005)

04/28/2005 11 MOTION for Extension of Time to File Answer re 1 Compla

MPC Products Corporation(Wooding, David) (Entered: 04/28

04/28/2005 12 ORDER granting 11 Motion for Extension of Time to Answe

MPC Products Corporation answer due 6/3/2005. Signed by Donald W. Bostwick on 4/28/2005. (Bostwick, Donald) (Ent

05/13/2005 13 AMENDED COMPLAINT against MPC Products Corporati

Learjet Inc.(Musil, Gregory) (Entered: 05/13/2005)

05/16/2005 14 ENTRY OF APPEARANCE by Arthur S. Chalmers on beha

Products Corporation. (Chalmers, Arthur) (Entered: 05/16/20



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07/07/2005 21 ORDER SETTING SCHEDULING CONFERENCE: Schedu

set for 8/9/2005 at 10:00 AM by telephone before Magistrate

Bostwick. Report of Parties Planning Meeting deadline 8/4/2

Order for details. Signed by Magistrate Judge Donald W. Bo(aw ) (Entered: 07/07/2005)

07/18/2005 22 MOTION for attorney Kevin Cook to appear pro hac vice by

Products Corporation (Attachments: # 1 Exhibit Affidavit of

Cook)(Chalmers, Arthur) (Entered: 07/18/2005)

07/18/2005 24 ANSWER to Counterclaim by Learjet Inc.(Musil, Gregory) (

07/18/2005)07/18/2005 PRO HAC VICE FEE PAID: on 7/18/05 for attorney Kevin C

MOTION for attorney Kevin Cook to appear pro hac vice in

50.00 Receipt Number 027600 (THIS IS A TEXT ONLY EN

DOCUMENT IS ASSOCIATED WITH THIS TRANSACTI

(Entered: 07/18/2005)

08/09/2005 Minute Entry for proceedings held before Magistrate Judge D

i k S h d li C f h ld 8/9/2005 ( hi i



7/22

(Entered: 10/03/2005)

10/03/2005 31 AFFIDAVIT of Kevin F. Cook re 22 MOTION for attorney K

appear pro hac vice by Counter Claimant MPC Products Corp

Defendant MPC Products Corporation(Chalmers, Arthur) (E

10/03/2005)

10/03/2005 32 ORDER granting 22 Motion to Appear Pro Hac Vice for Kev

MPC Products Corporation and MPC Products Corporation.

counsel has not already done so, counsel is directed to immed

electronic notification pursuant to the court's Administrative

completing a registration form at www.ksd.uscourts.gov/feat/pdfforms/efilereg.pdf. Signed by Magistrate Judge Donald W

10/3/2005. (Bostwick, Donald) (Entered: 10/03/2005)

10/24/2005 33 MOTION for extension of time by Plaintiff Learjet Inc(Musi

(Entered: 10/24/2005)

10/31/2005 34 Minute Entry for proceedings held before Magistrate Judge D

Bostwick : Telephone Conference held on 10/31/2005. (This



8/22

01/06/2006 41 AMENDED COMPLAINT ( THIRD) against MPC Products

by Bombardier Aerospace Corporation, Learjet Inc.(Musil, G

01/06/2006)

01/20/2006 42 MOTION for Extension of Time to File Answer to Third Am

by Defendant MPC Products Corporation(Chalmers, Arthur)

01/20/2006)

01/20/2006 43 ORDER granting 42 Defendant's Motion for Extension of Ti

41 Amended Complaint. MPC Products Corporation answer

Signed by Magistrate Judge Donald W. Bostwick on 1/20/20

Donald) (Entered: 01/20/2006)01/23/2006 44 NOTICE by Plaintiffs Bombardier Aerospace Corporation, L

Counter Defendant Learjet Inc of taking deposition of Darrin

February 13, 2006 (DeMarea, Andrew) (Entered: 01/23/2006

01/23/2006 45 NOTICE by Plaintiffs Bombardier Aerospace Corporation, L

Counter Defendant Learjet Inc of taking deposition of Kevin

February 14, 2006 (DeMarea, Andrew) (Entered: 01/23/2006



9/22

02/10/2006 54 Preliminary Witness & Exhibit List by MPC Products Corpor

Arthur) (Entered: 02/10/2006)

02/13/2006 55 ANSWER to Counterclaim by Learjet Inc.(Musil, Gregory) (

02/13/2006)


Bostwick : Telephone Discovery Hearing re deposition issue

2/15/2006. (This is a TEXT ENTRY ONLY. There is no.pdf

associated with this entry) (Bostwick, Donald) (Entered: 02/1

03/20/2006 57 CERTIFICATE OF SERVICE of Plaintiffs' Response to MPC

for Production by Bombardier Aerospace Corporation, LearjeGregory) (Entered: 03/20/2006)

03/23/2006 58 CERTIFICATE OF SERVICE of Plaintiffs' Answers to MPC

Interrogatories by Bombardier Aerospace Corporation, Learj

Gregory) (Entered: 03/23/2006)

04/05/2006 59 CERTIFICATE OF SERVICE of Supplemental Answers to D



10/22


taking deposition of Todd Dixon on August 21, 2006 (Musil,

(Entered: 08/14/2006)


taking deposition of David Hirt on September 6, 2006 (Musil

(Entered: 08/14/2006)


taking deposition of Al Phillips on August 22, 2006 (Musil, G

08/14/2006)

10/20/2006 69 NOTICE by Defendant MPC Products Corporation of takingLearjet and Bombardier Corporate Representatives on 11/13/



taking deposition of MPC Corp. and employees on Decembe

(Attachments: # 1 Exhibit)(Musil, Gregory) (Entered: 11/27/



11/22

01/19/2007 77 Unopposed MOTION for extension of time for disclosure of

by Plaintiffs Bombardier Aerospace Corporation, Learjet Inc

(Entered: 01/19/2007)

01/19/2007 78 ORDER granting 77 Plaintiff's Unopposed Motion for Exten

Serve Expert Disclosures. Plaintiff's expert disclosures to be

before 2/28/2007; Defendant's expert disclosures to be served

5/1/2007. Signed by Magistrate Judge Donald W. Bostwick o

is a TEXT ENTRY ONLY. There is no.pdf document associa

entry.) (Bostwick, Donald) (Entered: 01/19/2007)


taking deposition of MPC Representatives on February 6, 200

# 1 Exhibit)(Musil, Gregory) (Entered: 01/26/2007)

01/31/2007 80 SUPPLEMENT Preliminary Witness Listby Defendant MPC

Corporation. (Chalmers, Arthur) (Entered: 01/31/2007)

01/31/2007 81 Preliminary Trial Witness List by Bombardier Aerospace Co

Inc.(Musil, Gregory) (Entered: 01/31/2007)



12/22

03/06/2007 89 RETURN OF SERVICE of subpoena(s) filed by Defendant M

Corporation executed upon Paul Chapman on 3/1/07 by Cert

(Chalmers, Arthur) (Entered: 03/06/2007)


Corporation executed upon Richard Hewlett on 3/5/07 by Ce


03/16/2007 91 WAIVER of Possible Judgment Lien by Defendant MPC Pro

Corporation. (Chalmers, Arthur) (Entered: 03/16/2007)

03/16/2007 92 AMENDED NOTICE by Defendant MPC Products Corporat

deposition of Richard Hewlett on April 5, 2007 (Chalmers, A03/16/2007)


Corporation executed upon Charles Montgomery on 3/10/07





13/22

04/24/2007 99 NOTICE OF SERVICE by MPC Products Corporation of Su

Answers to Plaintiff's Interrogatories (Chalmers, Arthur) (En

05/02/2007 100 MEMORANDUM in Opposition by Defendant MPC Produc

98 MOTION to Compel Disclosure of Defendant's Financial

Memorandum in Support(Attachments: # 1 Exhibit A# 2 Ap

Appendix C# 4 Appendix D# 5 Exhibit E# 6 Exhibit F# 7 Ex

Appendix G1# 9 Appendix G2# 10 Exhibit G3# 11 Exhibit G

13 Appendix I# 14 Exhibit J# 15 Appendix K)(Chalmers, Ar

05/02/2007)

05/07/2007 101 MOTION for Order to Amend Answer by Defendant MPC Pr

Corporation (Chalmers, Arthur) (Entered: 05/07/2007)

05/11/2007 102 ORDER granting 101 Defendant's Unopposed Motion for Or

Amendment of Answer. An amended answer in the form atta

motion shall be filed within 10 days of the entry of this Order

Magistrate Judge Donald W. Bostwick on 5/11/2007.(This is

ONLY. There is no.pdf document associated with this entry.)



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engineer/metallurgical experts shall be made by 6/29/2007; P

disclosures concerning the aviation industry and damage exp

by 6/29/2007; and Defendant's disclosures concerning aviatio

damage experts shall be made by 8/22/2007. Signed by MagiDonald W. Bostwick on 5/24/2007.(This is a TEXT ENTRY O

no.pdf document associated with this entry.) (Bostwick, Don

05/24/2007)

05/25/2007 110 AMENDED NOTICE by Defendant MPC Products Corporat

deposition of David Kohlman & Dustin Turnquist on 5/30/07


06/29/2007 111 NOTICE OF SERVICE by MPC Products Corporation of De

26(a)(2)(A) & (B) Disclosures (Chalmers, Arthur) (Entered:

07/02/2007 112 NOTICE OF SERVICE by Bombardier Aerospace Corporati

Plaintiffs' Second Designation of Expert Testimony and Seco

Rule 26(a)(2)(A) Testimony (DeMarea, Andrew) (Entered: 0

07/23/2007 113 NOTICE OF SERVICE by Bombardier Aerospace Corporati



15/22

09/05/2007 119 MOTION for Leave to file to File Supplemental Pleading by

Products Corporation (Attachments: # 1 Exhibit A# 2 Exhibi

C) (Chalmers, Arthur) (Entered: 09/05/2007)

09/21/2007 120 RESPONSE by Plaintiff Learjet Inc re 119 MOTION for Lea

Supplemental Pleading (Attachments: # 1 Exhibit 1# 2 Exhib

3)(Musil, Gregory) (Entered: 09/21/2007)

09/26/2007 121 CERTIFICATE OF SERVICE of Plaintiffs Supplement to Se

of Expert Testimony by Bombardier Aerospace Corporation,

(DeMarea, Andrew) (Entered: 09/26/2007)

10/05/2007 122 REPLY to Response to Motion by Defendant MPC Products 119 MOTION for Leave to file to File Supplemental Pleading

1 Exhibit D# 2 Exhibit E# 3 Exhibit F# 4 Exhibit G)(Chalme

(Entered: 10/05/2007)

10/11/2007 123 Letter from Judge Belot (sbw ) (Entered: 10/11/2007)

10/17/2007 124 Supplemental MOTION to Supplement in Support of its Mot



16/22

There is no.pdf document associated with this entry.) (Bostw

(Entered: 12/14/2007)

12/14/2007 132 CONSENT to Jurisdiction by US Magistrate Judge and Orde

proceedings.. Signed by District Judge Monti L Belot on 12/1(Entered: 12/14/2007)

12/17/2007 133 Joint SEALED MOTION for Leave to File Under Seal All M

Summary Judgment, Supporting Memoranda, Exhibits, Respo

by Plaintiffs Bombardier Aerospace Corporation, Learjet Inc

(Entered: 12/17/2007)

12/17/2007 134 ORDER granting 133 Joint Motion for Leave to File Under Sdirected to file forthwith the requested document(s) with an e

SEALED category. The clerk shall grant access to sealed doc

counsel of record. Pro hac vice attorneys must obtain sealed d

local counsel. When the Court rules on the motions that are t

seal it will determine a procedure to review whether the docu

part of the documents, should remain under seal. Signed by M

Donald W. Bostwick on 12/17/2007.(This is a TEXT ENTRY



17/22

Appendix 6, # 13 Appendix 7, # 14 Appendix 8, # 15 Appen

Appendix 10, # 17 Appendix 11, # 18 Appendix 12)(Chalme

Modified on 9/2/2008 PRIMARY DOCUMENT UNSEALED

ORDER - DOCKET ENTRY 173 ; EXHIBITS REMAIN SEUser Wichita cs, ). (Entered: 12/18/2007)

12/18/2007 139 MOTION for Partial Summary Judgment Concerning Fraud

Damages by Defendant MPC Products Corporation(Chalmer

Modified on 9/2/2008 UNSEALED PER COURT ORDER -

ENTRY 173 (Sealed User Wichita cs, ). (Entered: 12/18/2007

12/18/2007 140 MEMORANDUM IN SUPPORT of139 MOTION for Partia

Judgment Concerning Fraud and Punitive Damages by Defe

Products Corporation (Attachments: # 1 Exhibit A, # 2 Exhib

C, # 4 Exhibit D, # 5 Exhibit D1, # 6 Exhibit D2, # 7 Exhibit

E, # 9 Appendix 1, # 10 Appendix 2, # 11 Appendix 3, # 12 A

Appendix 5, # 14 Appendix 6, # 15 Appendix 7, # 16 Appen

Appendix 9, # 18 Appendix 10, # 19 Appendix 11, # 20 App

12)(Chalmers, Arthur) Modified on 9/2/2008 PRIMARY DO



18/22

01/14/2008 144 CERTIFICATE OF SERVICE of Response and Objections to

Request for Admissions to Plaintiff Learjet Inc. by Learjet In

Gregory) (Entered: 01/14/2008)

01/14/2008 145 MEDIATION MINUTE ORDER. The court finds that mediahelpful in this case. Counsel shall meet and confer about a pe

mediation conference. Plaintiff's counsel shall report to the C

2/15/2008 as to the name of the agreed mediator and the date

conference. Signed by Magistrate Judge Donald W. Bostwick

1/14/2008.(This is a TEXT ENTRY ONLY. There is no.pdf d

associated with this entry.)(Bostwick, Donald) (Entered: 01/1

01/22/2008 146 Joint MOTION for Extension of Time to File Responses as to

MOTION for Partial Summary Judgment Concerning Interim

139 SEALED MOTION for Partial Summary Judgment Con

and Punitive Damages, 135 SEALED MOTION for Summar

Concerning Bombardier Aerospace Corporation's Claims by

Bombardier Aerospace Corporation, Learjet Inc(Musil, Greg

01/22/2008)



19/22

01/28/2008 DOCKET ANNOTATION:148 SEALED Response to Motio

Learjet Inc - the pdf file originally attached to this entry as th

was incomplete. The complete pdf file is now attached and lis

"CORRECTED Main Document". (cs) (Entered: 01/28/200801/28/2008 150 RESPONSE by Plaintiff Bombardier Aerospace Corporation

for Summary Judgment Concerning Bombardier Aerospace C

Claims (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhib

D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H,

I)(Musil, Gregory) Modified on 9/2/2008 PRIMARY DOCU

UNSEALED PER COURT ORDER - DOCKET ENTRY 173

REMAIN SEALED (Sealed User Wichita cs, ). (Entered: 01/

01/28/2008 151 ORDER granting 149 Plaintiffs' Motion for Extension of Tim

Response/Reply re 139 Defendant's SEALED MOTION for

Judgment Concerning Fraud and Punitive Damages. Respon

1/29/2008. Signed by Magistrate Judge Donald W. Bostwick

1/28/2008.(This is a TEXT ENTRY ONLY. There is no.pdf d

associated with this entry.) (Bostwick, Donald) (Entered: 01/



20/22


02/20/2008 156 ORDER granting 155 Joint Motion for Extension of Time to

SEALED MOTION for Partial Summary Judgment Concern

Charges, 141 SEALED MOTION For Partial Summary JudgSEALED MOTION for Summary Judgment Concerning Bom

Aerospace Corporation's Claims, 139 SEALED MOTION fo

Summary Judgment Concerning Fraud and Punitive Damage

2/27/2008 Reply deadline 2/27/2008. Signed by Magistrate J

Bostwick on 2/20/2008. (Bostwick, Donald) (Entered: 02/20/

02/26/2008 157 SEALED MOTION FOR LEAVE TO FILE AFFIDAVITS IN

DEFENDANT'S SUMMARY JUDGMENT MOTIONS AND M

IN SUPPORTby Plaintiffs Bombardier Aerospace Corporati

(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(M

(Entered: 02/26/2008)

02/27/2008 158 ORDER granting 157 Plaintiffs' Motion for Leave to File Af

Opposition to Defendant's Summary Judgment Motions unde

directed to file forthwith the requested document(s) with an e



21/22

(Entered: 02/27/2008)

02/27/2008 164 SEALED REPLY to Response to Motion by Defendant MPC

Corporation re: 139 SEALED MOTION for Partial Summar

Concerning Fraud and Punitive Damages (Attachments: # 1Deposition)(Chalmers, Arthur) Modified on 9/2/2008 PRIMA

DOCUMENT UNSEALED PER COURT ORDER - DOCKE

EXHIBITS REMAIN SEALED (Sealed User Wichita cs, ). (

02/27/2008)

02/27/2008 165 REPLY to Response to Motion by Plaintiffs Bombardier Aer

Corporation, Learjet Inc re: 141 MOTION For Partial Summ

(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Musil, Gregory) Mod

PRIMARY DOCUMENT UNSEALED PER COURT ORDE

ENTRY 173 ; EXHIBITS REMAIN SEALED (Sealed User W

(Entered: 02/27/2008)

04/17/2008 166 ENTRY OF APPEARANCE by Craig S. O'Dear on behalf of

Corporation (O'Dear, Craig) (Entered: 04/17/2008)



22/22

conference set for 7/25/2008 at 4:00 p.m. with Magistrate Jud

Court will initiate the call. (This is a TEXT ENTRY ONLY. T

document associated with this entry.) (aw) (Entered: 07/22/20

07/28/2008 MINUTE ENTRY for proceedings held before Magistrate JuBostwick: Telephone Conference held on 7/28/2008. Additio

conference set for 7/30/08 at 10:30 a.m. The Court will initia

entry made for statistical purposes.) (This is a TEXT ENTRY

no.pdf document associated with this entry.) (aw) (Entered: 0

07/31/2008 171 STIPULATION of Dismissal With Prejudice by Bombardier

Corporation, Learjet Inc. (Musil, Gregory) (Entered: 07/31/2

07/31/2008 172 Order of Dismissal With Prejudice. Signed by Magistrate Jud

Bostwick on 7/31/08.(rm) (Entered: 07/31/2008)

09/02/2008 173 ORDER unsealing prior pleadings without the attached exhib

list of unsealed pleadings. Signed by Magistrate Judge Donal

9/2/08.(cs) (Entered: 09/02/2008)


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LEARJET INC, et al v. MPC PRODUCTS CORPORATION Docket

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