MCILVAINE et al v. FORD MOTOR COMPANY

Filing 28

REPORT OF PRE-FILING CONFERENCE UNDER RULE 56 - By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TETYANA MCILVAINE and
MICHAEL MCILVAINE,
PLAINTIFFS
v.
FORD MOTOR COMPANY,
DEFENDANT

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NO. 2:12-cv-111-DBH

REPORT OF PRE-FILING CONFERENCE UNDER RULE 56
A pre-filing conference was held on November 28, 2012.
The defendant Ford Motor Company plans to file a motion for summary
judgment on the plaintiffs’ two-count complaint―Tetyana McIlvaine’s claim
under 14 M.R.S.A. § 221 for the sale of a defective or unreasonable dangerous
product and Michael McIlvaine’s claim for loss of consortium.

The parties

indicated that there was agreement on many of the facts of the accident, but
that they disagree on what those facts establish. The parties also agree on the
content of the available vehicle maintenance records.

At the conference the

parties could not settle on the choice of law applicable to this case, but they
agreed to resolve the choice of law issue before filing the summary judgment
briefs.
The following deadlines were established by agreement:
November 30, 2012, to notify the court on choice of law.

December 21, 2012, the defendant’s undisputed facts.
January 4, 2013, the plaintiffs’ responsive facts.
January 18, 2013, the defendant’s motion for summary judgment.
February 1, 2013, responses are due.
February 8, 2013, replies are due.
SO ORDERED.
DATED THIS 10TH DAY OF DECEMBER, 2012
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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