THOMAS V. BOMBARDIER RECREATIONAL PRODUCTS, INC. Docket

8/7/2019 THOMAS V. BOMBARDIER RECREATIONAL PRODUCTS, INC. Docket

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TRLSET

U.S. District Court

Middle District of Florida (Ft. Myers)CIVIL DOCKET FOR CASE #: 2:07-cv-00730-JES-SPC

Thomas v. Bombardier Recreational Products, Inc.Assigned to: Judge John E. SteeleReferred to: Magistrate Judge Sheri Polster Chappell

Cause: 28:1332 Diversity-Personal Injury

Date Filed: 11/06/2007Jury Demand: BothNature of Suit: 345 Marine Product

LiabilityJurisdiction: Diversity

Plaintiff

Christina Thomas represented by Robert A. SeligBoone & Davis, PA2311 N Andrews AveFt Lauderdale, FL 33311954-566-9919Fax: 954-566-2680Email: [email protected] ATTORNEY ATTORNEY TO BE NOTICED

V.Defendant

Bombardier, Inc.TERMINATED: 12/15/2007

Defendant

Bombardier Corporation

TERMINATED: 12/15/2007

represented by Christina McGinley Paul

Rumberger, Kirk & Caldwell, PA80 SW 8th St - Ste 3000PO Box 01-9041Miami, FL 33130305/995-5432Fax: 305/371-7580

Electronic Case Filing | U.S. District Court - Middle District of ... https://ecf.md.uscourts.gov/cgi-bin/DktRpt.pl?330193324211...


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Rumberger, Kirk & Caldwell, PA80 SW 8th St - Ste 3000PO Box 01-9041

Miami, FL 33130305/358-5577Fax: 305/371-7580Email: [email protected] TO BE NOTICED

Defendant

Bombardier Recreational Products, Inc. represented by Armando G. HernandezRumberger, Kirk & Caldwell, PABrickell Bayview Centre, Suite 300080 S.W. 8th St. (33130-3037)P.O. Box 01-9041Miami, FL 33101305/358-5577Fax: 305/371-7580Email: [email protected] ATTORNEY ATTORNEY TO BE NOTICED

Christina McGinley Paul(See above for address)TERMINATED: 07/14/2010

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott M. Sarason(See above for address)LEAD ATTORNEY ATTORNEY TO BE NOTICED

Manu Leila DavidsonRumberger, Kirk & Caldwell, PA80 SW 8th St - Ste 3000PO Box 01-9041Miami, FL 33130305/358 5577



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80 SW 8th St - Ste 3000PO Box 01-9041Miami, FL 33130

407/872-7300Email: [email protected] TO BE NOTICED

Date Filed # Docket Text

11/06/2007 1 COMPLAINT against Bombardier, Inc., Bombardier Corporation ; jurydemand (Filing fee $ 350 receipt number T043755) led by ChristineThomas.(jlh, ) (Entered: 11/07/2007)

11/06/2007 2 Summons issued as to Bombardier, Inc., Bombardier Corporation. (jlh, )(Entered: 11/07/2007)

11/08/2007 3 ENDORSED ORDER transferring case to Fort Myers. The complaint revealsthat the appropriate division for this case is the Fort Myers Division. The Clerk

of Court shall transfer this case and assign it a new number. Signed by JudgeElizabeth A. Kovachevich on 11/8/2007. (sn) (Entered: 11/08/2007)

11/09/2007 Case Reassigned to Judge John E. Steele and Magistrate Judge Sheri PolsterChappell. New case number: 2:07-cv-730-FtM-29SPC. Judge Elizabeth A.Kovachevich, Magistrate Judge Thomas G. Wilson no longer assigned to thecase. (JS) (Entered: 11/15/2007)

11/16/2007 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule3.05 - track 2. Notice of pendency of other actions due by 11/27/2007. Signedby All Divisional Judges on 11/16/2007. (LAG) (Entered: 11/16/2007)

11/16/2007 5 INTERESTED PERSONS ORDER. Certicate of interested persons andcorporate disclosure statement due by 11/27/2007. Signed by All DivisionalJudges on 11/16/2007. (LAG) (Entered: 11/16/2007)

12/03/2007 6 Unopposed MOTION to extend time to respond to Complaint by BombardierCorporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Paul, Christina)(Entered: 12/03/2007)

12/04/2007 7 INTERESTED PERSONS ORDER. Certicate of interested persons andcorporate disclosure statement due by 12/17/2007 as to BombardierCorporation. Signed by All Divisional Judges on 12/4/2007. (JS) (Entered:



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12/04/2007 9 CERTIFICATE of interested persons and corporate disclosure statement re 5Interested persons order by Christine Thomas. (Selig, Robert) (Entered:12/04/2007)

12/15/2007 10 AMENDED COMPLAINT against Bombardier Recreational Products, Inc.with Jury Demand led by Christine Thomas.(Selig, Robert) Modied on12/15/2007 (drn). (Entered: 12/15/2007)

12/17/2007 11 ORDER TO SHOW CAUSE for failure to le Notice of Pendency of OtherActions as to Christine Thomas. Signed by Magistrate Judge Sheri PolsterChappell on 12/17/2007. (LAG) (Entered: 12/17/2007)

12/17/2007 12 NOTICE of pendency of related cases re 11 , 4 order of compliance to LocalRule by Christine Thomas. Related case(s): no (Selig, Robert) (Entered:12/17/2007)

12/17/2007 13 RESPONSE TO ORDER TO SHOW CAUSE re 11 Order to show cause ledby Christine Thomas. (Selig, Robert) (Entered: 12/17/2007)

12/19/2007 14 ORDER that no further action will be taken re 11 Order to show cause as to

Christine Thomas. Signed by Magistrate Judge Sheri Polster Chappell on12/19/2007. (LAG) (Entered: 12/19/2007)

02/06/2008 15 CERTIFICATE OF SERVICE by Bombardier, Inc. (Selig, Robert) (Entered:02/06/2008)

03/20/2008 16 NOTICE of change of address by Robert A. Selig (Selig, Robert) (Entered:03/20/2008)

03/20/2008 17 NOTICE by Christine Thomas re 10 Amended complaint (Selig, Robert)(Entered: 03/20/2008)

03/21/2008 18 ORDER dismissing Count III of 10 Amended Complaint without prejudice.The Clerk shall withhold the entry of judgment until the conclusion of the case.Signed by Judge John E. Steele on 3/21/2008. (RKM) (Entered: 03/21/2008)

03/28/2008 19 ANSWER and afrmative defenses with Jury Demand to 10 Amended

complaint by Bombardier Recreational Products, Inc..(Paul, Christina)(Entered: 03/28/2008)

03/28/2008 20 CERTIFICATE of interested persons and corporate disclosure statement byBombardier Recreational Products, Inc.. (Paul, Christina) (Entered:03/28/2008)



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STRICKEN. The Parties have up to and including Friday, July 25, 2008, to lea new Case Management Report using the form prescribed in the Courts Order.Signed by Magistrate Judge Sheri Polster Chappell on 7/18/2008. (LMH)

(Entered: 07/18/2008)07/24/2008 23 CASE MANAGEMENT REPORT. (Paul, Christina) (Entered: 07/24/2008)

07/29/2008 24 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by MagistrateJudge Sheri Polster Chappell on 7/29/2008. (LAG) (Entered: 07/29/2008)

03/19/2009 25 Joint MOTION to extend time to Extend Pre-Trial Deadlines by ChristineThomas, Bombardier Recreational Products, Inc.. (Sarason, Scott) (Entered:03/19/2009)

03/20/2009 26 ORDER granting 25 the Joint Motion to Extend Pre-Trial Deadlines. SEEORDER FOR AMENDED DEADLINES. Signed by Magistrate Judge SheriPolster Chappell on 3/20/2009. (LMH) (Entered: 03/20/2009)

05/21/2009 27 MEDIATION REPORT Hearing held on May 20, 2009 Hearing outcome: Casecontinued(Upchurch, John) (Entered: 05/21/2009)

06/18/2009 28 Joint MOTION to continue and Motion to Enlarge Pre-Trial Deadlines underthe Court's Scheduling Order as Modied by this Court's March 20, 2009Order and Incorporated Memorandum of Law by Bombardier RecreationalProducts, Inc.. (Attachments: # 1 Exhibit 1)(Paul, Christina) (Entered:06/18/2009)

06/24/2009 29 ORDER granting 28 The Joint Motion to Extend Pre-Trial Deadlines. SEEORDER FOR DEADLINES. Signed by Magistrate Judge Sheri PolsterChappell on 6/24/2009. (LMH) (Entered: 06/24/2009)

08/13/2009 30 MOTION for partial summary judgment by Bombardier Recreational Products,Inc.. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A- Part 2, # 3 Exhibit A -Part 3, # 4 Exhibit A - Part 4, # 5 Exhibit A - Part 5, # 6 Exhibit B)(Paul,Christina) (Entered: 08/13/2009)

08/14/2009 31 SUMMARY JUDGMENT NOTICE re 30 MOTION for partial summaryjudgment. (JS) (Entered: 08/14/2009)

08/27/2009 32 MEMORANDUM in opposition re 30 Motion for partial summary judgment,31 Notice (Other) led by Christine Thomas. (Attachments: # 1 Exhibit Exhibit1 Bill of Sale, # 2 Exhibit Exhibit 2 Purchase Agreement, # 3 Exhibit Exhibit 6Boarding Vessel, # 4 Afdavit Exhibit 7 Afdavit of Edward Karnes



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08/27/2009 34 STANDING ORDER: Filing of documents that exceed twenty-ve pages.Signed by All Divisional Judges on 8/20/08. (SLU) (Entered: 08/27/2009)

08/31/2009 35 MOTION for leave to le Reply to Plaintiff's Memorandum in Opposition toDefendant's Motion for Partial Summary Judgment by BombardierRecreational Products, Inc.. (Paul, Christina) (Entered: 08/31/2009)

09/02/2009 36 ORDER granting 35 the Defendants Motion for Leave to File Reply toPlaintiffs Memorandum in Opposition to Defendants Motion for PartialSummary Judgment. The reply shall be no greater than three (3) pages.ThePlaintiff will have the opportunity to respond in a sur-reply no greater than

three (3) pages, if necessary. Signed by Magistrate Judge Sheri PolsterChappell on 9/2/2009. (LMH) (Entered: 09/02/2009)

09/08/2009 37 REPLY to response to motion re 30 MOTION for partial summary judgmentled by Bombardier Recreational Products, Inc.. (Paul, Christina) (Entered:09/08/2009)

10/14/2009 38 NOTICE of compliance with 29 , Disclosure of Experts made by BombardierRecreational Products, Inc. (Paul, Christina) Modied on 10/15/2009 to createdocket entry relationship and edit docket text (SLU). (Entered: 10/14/2009)

10/22/2009 39 MOTION for extension of time to complete discovery by Christine Thomas.(Attachments: # 1 Afdavit of Robert A. Selig, # 2 Exhibit Karnes, # 3 ExhibitC, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Selig, Robert)Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:10/22/2009)

11/03/2009 40 PLAINTIFF'S SUPPLEMENT to her motion to extend pre-trial deadlines or inthe alternative for leave to le expert disclosure nunc pro tunc 39 by ChristineThomas. (Attachments: # 1 Exhibit letter of October 30)(Selig, Robert)Modied on 11/6/2009 to edit docket entry relationship (SLU). (Entered:11/03/2009)

11/08/2009 41 RESPONSE in opposition re 40 First MOTION to supplement Motion toEnlarge , 39 MOTION for extension of time to complete discovery led byBombardier Recreational Products, Inc.. (Attachments: # 1 Exhibit 1)(Paul,Christina) (Entered: 11/08/2009)

11/17/2009 42 ORDER granting 39 the Plaintiff Christine Thomas' Motion to ExtendPre-Trial Deadlines or in the Alternative for Leave to File Expert DisclosureNunc Pro Tunc. (1) The Plaintiff has up to and including November 20, 2009,



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11/17/2009)

11/20/2009 43 NOTICE by Christine Thomas re 42 Order on motion for extension of time tocomplete discovery Plaintiff's Designation of Expert Witnesses (Attachments: #1 Exhibit Report of Michael A> Burelson, PE, # 2 Exhibit Report of EdwardKarnes, PhD, # 3 Exhibit CV of Cera, MD)(Selig, Robert) (Entered:11/20/2009)

01/21/2010 44 OPINION AND ORDER granting in part and denying in part 30 Motion forPartial Summary Judgment. The Motion is granted as to the adequacy of theWarning language in 14(g) and (m) and 21(y) and (ee) of the failure to warn

claims in Counts I and II, but is denied as to the issue of placement of theWarning. The Motion is granted as to the duty to recall and retrot under 14(h)in Count I and 21(z) in Count II. The Clerk shall withhold the entry of judgment until the conclusion of the case. Signed by Judge John E. Steele on1/21/2010. (RKR) (Entered: 01/21/2010)

02/25/2010 45 Joint MOTION to extend time to Enlarge Certain Pre-Trial Deadlines byBombardier Recreational Products, Inc.. (Paul, Christina) (Entered:

02/25/2010)02/26/2010 46 PLAINTIFF'S UNOPPOSED MOTION to continue Trial by Christine

Thomas. (Selig, Robert) Modied on 2/26/2010 to edit docket text (SLU).(Entered: 02/26/2010)

02/26/2010 47 ENDORSED ORDER granting 45 Joint Motion to Enlarge Certain Pre-TrialDeadlines. The parties shall have up to and including March 12, 2010 to: 1)meet in person to prepare the Joint Final Pre-Trial Statement; 2) le the FinalPre-Trial Statement and 3) le all other Motions including Motions in Liminiand Trial Briefs. Signed by Magistrate Judge Sheri Polster Chappell on2/26/2010. (Chappell, Sheri) (Entered: 02/26/2010)

02/26/2010 48 PLAINTIFF'S AMENDED UNOPPOSED MOTION to for continuance of trialby Christine Thomas. (Selig, Robert) Modied on 2/26/2010 to edit event,docket entry relationship and text (SLU). (Entered: 02/26/2010)

03/02/2010 49 ORDER denying as moot 46 Motion to continue; granting 48 Motion tocontinue trial. The Final Pretrial Conference is rescheduled to June 28, 2010,and the trial term is continued to the July 2010 calendar. A Notice will issue.Signed by Judge John E. Steele on 3/2/2010. (RKR) (Entered: 03/02/2010)

03/02/2010 50 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference



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03/13/2010 51 FIRST MOTION in limine to exclude evidence regarding George WilliamSmith, Jr.'s and James J. Delsordo's alleged negligence, knowledge of risk andability to observe warning label and incorporated memorandum of law

regarding Negligence of Owner and Operator by Christine Thomas. (Selig,Robert) Modied on 3/16/2010 to edit docket text (SLU). (Entered:03/13/2010)

03/25/2010 52 NOTICE by Bombardier Recreational Products, Inc. of Trial Conict and Motion to Continue Trial and Certain Pre-Trial Deadlines (Paul, Christina)(Entered: 03/25/2010)

03/25/2010 53 ORDER granting 52 Motion to Continue Trial and Certain Pre-Trial Deadlinesled by Bombardier Recreational Products, Inc. See Order for details. (FinalPretrial Conference reset to September 27, 2010, at 9:00 a.m., jury trial reset toterm commencing October 4, 2010.) Signed by Judge John E. Steele on3/25/2010. (RKR) (Entered: 03/25/2010)

03/29/2010 54 Unopposed MOTION for extension of time to le response/reply as to 51 FirstMOTION in limine regarding Negligence of Owner and Operator by

Bombardier Recreational Products, Inc.. (Paul, Christina) (Entered:03/29/2010)

03/29/2010 55 ENDORSED ORDER granting 54 Unopposed Motion for Enlargement of Time for Bombardier Recreational Products, Inc. to File its Response inOpposition to Plaintiff's Motion in Limine to Exclude Evidence RegardingOwner and Operator's Alleged Negligence, Knowledge of Risk and Ability toObserve Warning Label. For good cause shown, the Defendant Bombardier

Recreational Products, Inc. shall have up to and including April 1, 2010, to leits response in opposition to Plaintiff's Motion in Limine. Signed by MagistrateJudge Sheri Polster Chappell on 3/29/2010. (Chappell, Sheri) (Entered:03/29/2010)

04/01/2010 56 RESPONSE in opposition re 51 First MOTION in limine regarding Negligenceof Owner and Operator led by Bombardier Recreational Products, Inc.. (Paul,Christina) (Entered: 04/01/2010)

07/09/2010 57 OPINION AND ORDER denying 51 Motion in limine. Signed by Judge JohnE. Steele on 7/9/2010. (RKR) (Entered: 07/09/2010)

07/13/2010 58 NOTICE/MOTION by Bombardier Recreational Products, Inc. of Removal from Service List and Docket of Christina McGinley Paul as counsel forBombardier Recreational Products Inc (McGinley Paul Christina) Modied



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Bombardier Recreational Products, Inc. and bear no further responsibility inthis matter. Signed by Magistrate Judge Sheri Polster Chappell on 7/14/2010.(LMH) (Entered: 07/14/2010)

08/06/2010 60 Joint MOTION to extend time to Meet to Prepare Joint Final Pre-TrialStatement by Bombardier Recreational Products, Inc.. (Attachments: # 1 Textof Proposed Order)(Holt, Michael) (Entered: 08/06/2010)

08/09/2010 61 ENDORSED ORDER granting 60 Joint Motion to Extend Deadline forMeeting to Prepare Joint Final Pretrial Statement. The parties shall have up toand including August 25, 2010, to meet and prepare the Joint Final PretrialStatement. Signed by Magistrate Judge Sheri Polster Chappell on 8/9/2010.(Chappell, Sheri) (Entered: 08/09/2010)

08/09/2010 62 MOTION to compel Dates for Depostions of Defense Experts & Dr. Cera byChristine Thomas. (Attachments: # 1 Exhibit E-Mails)(Selig, Robert) Motionsreferred to Magistrate Judge Sheri Polster Chappell. (Entered: 08/09/2010)

08/10/2010 63 NOTICE of Hearing on Motion 62 MOTION to compel Dates for Depostionsof Defense Experts & Dr. Cera : Motion Hearing set for 8/13/2010 at 01:30PM in Ft. Myers Courtroom 5 D before Magistrate Judge Sheri PolsterChappell. Should the parties agree to deposition dates prior to the hearing, theparties should inform the Court and the hearing will be cancelled.(LMH)(Entered: 08/10/2010)

08/13/2010 64 NOTICE of withdrawal of motion by Christine Thomas re 62 MOTION tocompel Dates for Depostions of Defense Experts & Dr. Cera led by ChristineThomas (Selig, Robert) (Entered: 08/13/2010)

08/16/2010 65 ENDORSED ORDER denying as moot 62 Motion to Compel. The parties leda Notice of Withdrawal of the Motion (Doc. #64) on August 13, 2010,therefore, the Motion to Compel is now moot. Signed by Magistrate JudgeSheri Polster Chappell on 8/16/2010. (Chappell, Sheri) (Entered: 08/16/2010)

08/26/2010 66 JOINT MOTION to continue Trial Until On Or After October 18, 2010 byBombardier Recreational Products, Inc. and Christine Thomas. (Attachments:

# 1 Exhibit 1, # 2 Text of Proposed Order)(Holt, Michael) Modied on8/27/2010 to add ler and edit docket text (SLU). (Entered: 08/26/2010)

09/03/2010 67 TRIAL BRIEF by Bombardier Recreational Products, Inc.. (Holt, Michael)(Entered: 09/03/2010)

09/03/2010 68 MOTION i li i di E l i f R f I t d ti t



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Products, Inc.. (Attachments: # 1 Exhibit 1)(Holt, Michael) (Entered:09/03/2010)

09/03/2010 70 MOTION in limine regarding Exclusion of Safety Videos and IncorporatedMemorandum of Law by Bombardier Recreational Products, Inc..(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5Exhibit 5)(Holt, Michael) Modied on 11/22/2010: Copies of videos submitted10/1/2010 located in separate envelope.(kma). (Entered: 09/03/2010)

09/03/2010 71 MOTION in limine regarding Exclusion of Graphic Injury Photographs andIncorporated Memorandum of Law by Bombardier Recreational Products, Inc..(Attachments: # 1 Exhibit 1)(Holt, Michael) (Entered: 09/03/2010)

09/03/2010 72 MOTION in limine regarding Exclusion of Opinion Testimony by Edward W.Karnes and Incorporated Memorandum of Law by Bombardier RecreationalProducts, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Holt, Michael)(Entered: 09/03/2010)

09/03/2010 73 MOTION in limine regarding Exclusion of Testimony, Opinions, or ReportsRegarding Future Care Damages and Supporting Memorandum of Law byBombardier Recreational Products, Inc.. (Attachments: # 1 Exhibit 1, # 2Exhibit 2)(Holt, Michael) (Entered: 09/03/2010)

09/03/2010 74 MOTION in limine regarding Precluding Evidence of Joint Defense/CommonInterest Agreement and Communications Privileged by This Agreement andIncorporated Memorandum of Law by Bombardier Recreational Products, Inc..(Attachments: # 1 Exhibit 1)(Holt, Michael) (Entered: 09/03/2010)

09/03/2010 75 MOTION in limine regarding Exclusion of Evidence Related to Plaintiff's FullMedical Costs and Incorporated Memorandum of Law by BombardierRecreational Products, Inc.. (Attachments: # 1 Exhibit 1)(Holt, Michael)(Entered: 09/03/2010)

09/03/2010 76 MOTION in limine regarding Exclusion of Opinion Testimony by Michael A.Burleson and Supporting Memorandum of Law by Bombardier RecreationalProducts, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Holt,

Michael) (Entered: 09/03/2010)09/06/2010 77 MOTION in limine regarding Paul Franz PhD by Christine Thomas.

(Attachments: # 1 Exhibit Depositiion of Paul Franz)(Selig, Robert) (Entered:09/06/2010)

09/06/2010 78 MOTION i li i di U S C t G d b Ch i ti Th



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09/10/2010 80 JOINT PRETRIAL STATEMENT by Bombardier Recreational Products, Inc.and Christine Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 ExhibitC, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Holt, Michael) Modied on

9/13/2010 to add ler and edit docket text (SLU). (Entered: 09/10/2010)09/10/2010 81 PROPOSED voir dire questions by Bombardier Recreational Products, Inc..

(Holt, Michael) (Entered: 09/10/2010)

09/10/2010 82 JOINT PROPOSED jury instructions with objections by BombardierRecreational Products, Inc. and Christine Thomas. (Holt, Michael) Modied on9/13/2010 to add ler and edit docket text (SLU). (Entered: 09/10/2010)

09/13/2010 83 PROPOSED voir dire questions by Christine Thomas. (Selig, Robert)(Entered: 09/13/2010)

09/14/2010 84 PLAINTIFF'S AMENDED MOTION in limine to exclude evidence andargument concerning the Coast Guard's opinions, approvals, actions and othergovernmental standards and conclusions regarding personal watercraft byChristine Thomas. (Selig, Robert) Modied on 9/15/2010 to edit event anddocket text (SLU). (Entered: 09/14/2010)

09/15/2010 85 RESPONSE in opposition re 71 MOTION in limine regarding Exclusion of Graphic Injury Photographs and Incorporated Memorandum of Law led byChristine Thomas. (Selig, Robert) (Entered: 09/15/2010)

09/16/2010 86 EXHIBIT LIST First Amended by Christine Thomas.. (Selig, Robert) (Entered:09/16/2010)

09/16/2010 87 TRIAL CALENDAR for trial term October 2010 Jury Trial set for trial termcommencing 10/4/2010 before Judge John E. Steele. Signed by Judge John E.Steele on 9/16/2010. (BMA) (Entered: 09/16/2010)

09/17/2010 88 RESPONSE to motion re 77 MOTION in limine regarding Paul Franz PhDled by Bombardier Recreational Products, Inc.. (Attachments: # 1 Exhibit1)(Holt, Michael) (Entered: 09/17/2010)

09/17/2010 89 RESPONSE to motion re 78 MOTION in limine regarding U.S. Coast Guardled by Bombardier Recreational Products, Inc.. (Attachments: # 1 Exhibit 1, #2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Holt, Michael) (Entered: 09/17/2010)

09/17/2010 90 RENEWED objections to plaintiff's exhibit list and MOTION to strikePlaintiff's Amended Exhibit List by Bombardier Recreational Products, Inc..(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Holt, Michael) Modied on



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09/19/2010 92 TRIAL BRIEF by Christine Thomas. (Selig, Robert) (Entered: 09/19/2010)

09/20/2010 93 RESPONSE in opposition re 72 MOTION in limine regarding Exclusion of Opinion Testimony by Edward W. Karnes and Incorporated Memorandum of Law led by Christine Thomas. (Attachments: # 1 Exhibit Afdavit of EdwardW. Karnes, PhD, # 2 Exhibit Depositon of Edward W. Karnes, PhD, # 3Exhibit Word Indext to Deposition of Edward W. Karnes, PhD, # 4 Exhibit CVof Edward W. Karnes, PhD)(Selig, Robert) (Entered: 09/20/2010)

09/20/2010 Set/reset hearings: Final Pretrial Conference set for 9/27/2010 at 09:00 AM inFt. Myers Courtroom 6 A before Judge John E. Steele. (RKR) (Entered:09/20/2010)

09/21/2010 94 RESPONSE in opposition re 70 MOTION in limine regarding Exclusion of Safety Videos and Incorporated Memorandum of Law led by ChristineThomas. (Selig, Robert) (Entered: 09/21/2010)

09/21/2010 95 MOTION to strike Plaintiff's Trial Brief, Responses in Opposition to Motionsin Limine and All Other Untimely Motions by Bombardier RecreationalProducts, Inc.. (Holt, Michael) (Entered: 09/21/2010)

09/22/2010 96 RESPONSE in opposition re 69 MOTION in limine regarding Exclusions of Prior Lawsuits and Other Accidents and Incorporated Memorandum of Lawled by Christine Thomas. (Selig, Robert) (Entered: 09/22/2010)

09/22/2010 97 PLAINTIFF'S MOTION for leave to le trial brief responses as to 70MOTION in limine regarding Exclusion of Safety Videos and IncorporatedMemorandum of Law, 75 MOTION in limine regarding Exclusion of Evidence

Related to Plaintiff's Full Medical Costs and Incorporated Memorandum of Law, 72 MOTION in limine regarding Exclusion of Opinion Testimony byEdward W. Karnes and Incorporated Memorandum of Law, 95 MOTION tostrike Plaintiff's Trial Brief, Responses in Opposition to Motions in Limine and All Other Untimely Motions , 76 MOTION in limine regarding Exclusion of Opinion Testimony by Michael A. Burleson and Supporting Memorandum of Law, 96 Response in opposition to motion, 93 Response in opposition tomotion, 77 MOTION in limine regarding Paul Franz PhD, 69 MOTION inlimine regarding Exclusions of Prior Lawsuits and Other Accidents andIncorporated Memorandum of Law, 92 Trial brief, 71 MOTION in limineregarding Exclusion of Graphic Injury Photographs and IncorporatedMemorandum of Law, 68 MOTION in limine regarding Exclusion of Reference or Introduction to Newspaper Articles and Other Media Reports and



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09/22/2010 98 RESPONSE in opposition re 68 MOTION in limine regarding Exclusion of Reference or Introduction to Newspaper Articles and Other Media Reports andIncorporated Memorandum of Law led by Christine Thomas. (Selig, Robert)

(Entered: 09/22/2010)09/23/2010 99 ORDER terminating as moot 78 Motion in limine in light of amended ling;

denying 95 Motion to strike trial brief, responses; granting 97 Motion for leaveto le trial brief and responses as to those led thus far, which are deemedtimely led. Plaintiff's remaining responses to 73 74 75 Motions in limine shallbe led on or before September 24, 2010, by 5:00 p.m., including a response tothe 90 Renewed Objections and Motion to Strike Amended Exhibit List.

Signed by Judge John E. Steele on 9/23/2010. (RKR) (Entered: 09/23/2010)09/23/2010 100 RESPONSE in opposition re 75 MOTION in limine regarding Exclusion of

Evidence Related to Plaintiff's Full Medical Costs and IncorporatedMemorandum of Law led by Christine Thomas. (Attachments: # 1 ExhibitMedical Bills of Plaintiff)(Selig, Robert) (Entered: 09/23/2010)

09/23/2010 101 RESPONSE in opposition re 74 MOTION in limine regarding Precluding

Evidence of Joint Defense/Common Interest Agreement and CommunicationsPrivileged by This Agreement and Incorporated Memorandum of Law led byChristine Thomas. (Selig, Robert) (Entered: 09/23/2010)

09/26/2010 102 NOTICE of compliance re 101 Response in opposition to motion, 100Response in opposition to motion, 90 MOTION to strike Plaintiff's Amended Exhibit List , 91 Response in opposition to motion, 99 Order on motion inlimineOrder on motion to strikeOrder on motion for leave to le by Christine

Thomas (Attachments: # 1 Exhibit Letter to S. Sarison 09.16.10)(Selig, Robert)(Entered: 09/26/2010)

09/27/2010 103 Minute Entry. Proceedings held before Judge John E. Steele: FINALPRETRIAL CONFERENCE held on 9/27/2010. Robert Selig appeared onbehalf of the plaintiff; Scott Sarason for the defendant. The Court and counseldiscussed voir dire & trial procedures. The Court heard argument from counselre: pending motions in limine. Written order to follow. Trial is scheduled for

10/26/10 at 9:00 a.m. Counsel will meet with the Court on 10/25/10 at 4:00p.m. to review exhibits. Court Reporter: Jeffrey G. Thomas (BMA) (Entered:09/27/2010)

09/28/2010 104 DEPOSITION of Michael Burleson taken on 9/8/2010 re: 76 MOTION inlimine regarding Exclusion of Opinion Testimony by Michael A. Burleson and



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09/28/2010 106 EXHIBITS re: 104 Deposition by Christine Thomas. (Attachments: # 1 5, # 2Exhibit 6)(Selig, Robert) Modied on 9/29/2010 to edit docket text (SLU).(Entered: 09/28/2010)

09/28/2010 107 EXHIBITS re: 104 Deposition by Christine Thomas. (Attachments: # 1 Exhibit7)(Selig, Robert) Modied on 9/29/2010 to edit docket text (SLU). (Entered:09/28/2010)

09/28/2010 108 EXHIBITS re: 104 Deposition by Christine Thomas. (Attachments: # 1 Exhibit3C, # 2 Exhibit)(Selig, Robert) Modied on 9/29/2010 to edit docket text(SLU). (Entered: 09/28/2010)

09/28/2010 109 NOTICE of Hearing: Pretrial Conference set for the purpose of reviewing trialexhibits with the Court for 10/25/2010 at 04:00 PM in Ft. Myers Courtroom 6A before Judge John E. Steele (BMA) (Entered: 09/28/2010)

09/28/2010 110 NOTICE of Hearing: Jury Trial set for 10/26/2010 at 09:00 AM in Ft. MyersCourtroom 6 A before Judge John E. Steele. (BMA) (Entered: 09/28/2010)

09/30/2010 111 JOINT MOTION to allow electronic equipment, specically laptop computers,

LCD projectors, projection screens, DVD/video players, televisions, cellularphones and extension power cords by Christina Thomas and BombardierRecreational Products, Inc.. (Attachments: # 1 Text of Proposed Order)(Holt,Michael) Modied on 9/30/2010 to add ler and edit docket text (SLU).(Entered: 09/30/2010)

09/30/2010 112 ORDER granting in part and denying without prejudice in part 111 Motion toallow electronic equipment. The motion is granted to the extent that counsel

may bring in laptops and cellular phones under certain restrictions and subjectto security screening. The motion is otherwise denied. See Order for details.Signed by Judge John E. Steele on 9/30/2010. (RKR) (Entered: 09/30/2010)

10/01/2010 113 EXHIBIT LIST Second Amended by Christina Thomas.. (Selig, Robert)(Entered: 10/01/2010)

10/05/2010 114 NOTICE by Bombardier Recreational Products, Inc. of Filing Objections toPlaintiff's Second Amended Exhibit List (Attachments: # 1 Exhibit A)(Holt,Michael) (Entered: 10/05/2010)

10/14/2010 115 AMENDED DOCUMENT by Bombardier Recreational Products, Inc..Amended Deposition Designation of George Smith . (Holt, Michael) (Entered:10/14/2010)



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granting in part and denying in part 74 Motion in limine; granting 75 Motion inlimine; denying 76 Motion in limine; denying 77 Motion in limine; denyingwithout prejudice 84 Motion in limine. See Opinion and Order for details.

Except to the extent inconsistent with this Opinion and Order, the 80 JointPre-Trial Statement shall govern; jurors in the case will be allowed to takenotes; a nal status conference concerning exhibits will be held on October 25,2010 at 4:00 p.m., and trial will begin on October 26, 2010 at 9:00 a.m.Defendant's 90 Renewed Objections to Plaintiffs Exhibit List and Motion toStrike Amended Exhibit List are denied for the reasons stated at the nalpretrial conference. Signed by Judge John E. Steele on 10/20/2010. (RKR)(Entered: 10/20/2010)

10/20/2010 118 MOTION to strike 116 Notice (Other) of Plaintiff's Late-Filed DepositionDesignations for Yves Leblanc by Bombardier Recreational Products, Inc..(Holt, Michael) (Entered: 10/20/2010)

10/21/2010 119 NOTICE of Appearance by Manu Leila Davidson on behalf of BombardierRecreational Products, Inc. (Davidson, Manu) (Entered: 10/21/2010)

10/24/2010 120 PLAINTIFF'S REVISED NOTICE of designations of pages and lines withinthe depositions of Yves Leblanc by Christina Thomas re 116 Notice (Other)(Selig, Robert) Modied on 10/25/2010 to edit docket text (SLU). (Entered:10/24/2010)

10/25/2010 121 MOTION to strike Plaintiff's Revised Notice of Deposition Designations forJean-Yves LeBlanc by Bombardier Recreational Products, Inc.. (Davidson,Manu) (Entered: 10/25/2010)

10/25/2010 122 NOTICE by Bombardier Recreational Products, Inc. of Cross-Designationsand Objections to Plaintiff''s Designation of Jean-Yves Leblanc (Davidson,Manu) (Entered: 10/25/2010)

10/25/2010 123 Minute Entry. Proceedings held before Judge John E. Steele: PRETRIALCONFERENCE held on 10/25/2010. Today's Pretrial Conference wasscheduled solely for the purpose of premarking agreed-upon trial exhibitswhich was not accomplished. Defendant provided nal witness list to theCourt. Jury Trial remains scheduled for 10/26/2010 and will begin at 10:00a.m. Court Reporter: Jeffrey G. Thomas (BMA) (Entered: 10/25/2010)

10/26/2010 124 OBJECTION to Plaintiff's designation of Michael Burleson by BombardierRecreational Products, Inc. (Davidson, Manu) Modied on 10/26/2010 to editdocket text (SLU) (Entered: 10/26/2010)


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Leblanc ; denying 121 Defendant Bombardier Recreational Products Inc.sRenewed Motion To Strike Plaintiffs Late-Filed Deposition Designations ForYves Leblanc. Signed by Judge John E. Steele on 10/26/2010. (BMA)

(Entered: 10/26/2010)10/26/2010 127 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL

DAY ONE held on 10/26/2010. Court Reporter: Jeffrey G. Thomas (BMA)(Entered: 10/26/2010)

10/27/2010 128 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIALDAY TWO held on 10/27/2010. Court Reporter: Jeffrey G. Thomas (BMA)(Entered: 10/27/2010)

10/28/2010 129 TRANSCRIPT of Opening Statements of counsel during Jury Trial held on10/26/10 before Judge John E. Steele. Court Reporter/Transcriber Jeffrey G.Thomas,Telephone number (239) 461-2033. Transcript may be viewed at thecourt public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it maybe obtained through PACER or purchased through the Court Reporter.Redaction Request due 11/18/2010, Redacted Transcript Deadline set for11/29/2010, Release of Transcript Restriction set for 1/26/2011. (JGT)(Entered: 10/28/2010)

10/28/2010 130 TRANSCRIPT of Testimony of Christina Thomas taken during rst day of Jury Trial held on 10/26/10 before Judge John E. Steele. CourtReporter/Transcriber Jeffrey G. Thomas,Telephone number (239) 461-2033.Transcript may be viewed at the court public terminal or purchased through the

Court Reporter/Transcriber before the deadline for Release of TranscriptRestriction. After that date it may be obtained through PACER or purchasedthrough the Court Reporter. Redaction Request due 11/18/2010, RedactedTranscript Deadline set for 11/29/2010, Release of Transcript Restriction setfor 1/26/2011. (JGT) (Entered: 10/28/2010)

10/28/2010 131 TRANSCRIPT of Testimony of George Smith taken during rst day of JuryTrial held on 10/27/10 before Judge John E. Steele. Court Reporter/Transcriber

Jeffrey G. Thomas,Telephone number (239) 461-2033. Transcript may beviewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction.After that date it may be obtained through PACER or purchased through theCourt Reporter. Redaction Request due 11/18/2010, Redacted TranscriptDeadline set for 11/29/2010 Release of Transcript Restriction set for


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Reporter/Transcriber before the deadline for Release of Transcript Restriction.After that date it may be obtained through PACER or purchased through theCourt Reporter. Redaction Request due 11/18/2010, Redacted Transcript

Deadline set for 11/29/2010, Release of Transcript Restriction set for1/26/2011. (JGT) (Entered: 10/28/2010)

10/28/2010 133 NOTICE to counsel of ling of OFFICIAL TRANSCRIPT. The parties haveseven (7) calendar days to le with the court a Notice of Intent to RequestRedaction of this transcript. If no such Notice is led, the transcript may bemade remotely electronically available to the public without redaction after 90calendar days. Any party needing a copy of the transcript to review for

redaction purposes may purchase a copy from the court reporter or view thedocument at the clerk's ofce public terminal. Court Reporter: Jeffrey G.Thomas (JGT) (Entered: 10/28/2010)

10/28/2010 134 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIALDAY THREE held on 10/28/2010. Court Reporter: Jeffrey G. Thomas (BMA)(Entered: 10/28/2010)

10/29/2010 135 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIALDAY FOUR held on 10/29/2010. Court Reporter: Jeffrey G. Thomas (BMA)(Entered: 10/29/2010)

11/01/2010 136 COURT'S PROPOSED JURY INSTRUCTIONS. (RKR) (Entered:11/01/2010)

11/01/2010 137 COURT'S PROPOSED verdict form. (RKR) (Entered: 11/01/2010)

11/01/2010 138 TRANSCRIPT of Jury Trial Testimony of Edward W. Karnes held on 10/28/10before Judge John E. Steele. Court Reporter/Transcriber Jeffrey G.Thomas,Telephone number (239) 461-2033. Transcript may be viewed at thecourt public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it maybe obtained through PACER or purchased through the Court Reporter.Redaction Request due 11/22/2010, Redacted Transcript Deadline set for12/2/2010, Release of Transcript Restriction set for 1/31/2011. (JGT) (Entered:11/01/2010)

11/01/2010 139 NOTICE to counsel of ling of OFFICIAL TRANSCRIPT. The parties haveseven (7) calendar days to le with the court a Notice of Intent to RequestRedaction of this transcript. If no such Notice is led, the transcript may bemade remotely electronically available to the public without redaction after 90


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11/01/2010 140 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIALDAY FIVE held on 11/1/2010. Court Reporter: Jeffrey G. Thomas (BMA)(Entered: 11/01/2010)

11/02/2010 141 COURT'S FINAL JURY INSTRUCTIONS. (BMA) (Entered: 11/02/2010)

11/02/2010 142 EXHIBIT LIST by Christina Thomas. (BMA) (Entered: 11/02/2010)

11/02/2010 143 EXHIBIT LIST by Bombardier Recreational Products, Inc. (BMA) (Entered:11/02/2010)

11/03/2010 144 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL

DAY SIX completed on 11/3/2010. Court Reporter: Jeffrey G. Thomas (BMA)(Entered: 11/03/2010)

11/03/2010 145 JURY VERDICT. (This verdict is rejected by the Court for the reasons statedon the record on November 2, 2010 during the Jury Trial proceedings.) (BMA)(Entered: 11/03/2010)

11/03/2010 146 JURY VERDICT. (BMA) (Entered: 11/03/2010)

11/03/2010 147 COURT'S EXHIBIT LIST. (BMA) (Entered: 11/03/2010)11/12/2010 148 MOTION for new trial and memorandum of law in support by Christina

Thomas. (Selig, Robert) Modied on 11/12/2010 to edit docket text (SLU).(Entered: 11/12/2010)

11/12/2010 149 MOTION for entry of judgment on Jury Verdict and Incorporated Memorandum of Law by Bombardier Recreational Products, Inc.. (Davidson,Manu) Modied on 11/12/2010 to edit docket text (SLU). (Entered:11/12/2010)

11/12/2010 150 ORDER granting 149 Motion for judgment on jury verdict. The Clerk isdirected to enter judgment pursuant to Fed. R. Civ. P. 58 and 146 Jury Verdict.Signed by Judge John E. Steele on 11/12/2010. (RKR) (Entered: 11/12/2010)

11/15/2010 151 Veried MOTION for taxation of costs and Incorporated Memorandum of Lawby Bombardier Recreational Products, Inc.. (Attachments: # 1 Exhibit, # 2Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Davidson, Manu)(Entered: 11/15/2010)

11/15/2010 152 NOTICE by Bombardier Recreational Products, Inc. of Filing Proposed Bill of Costs (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3,# 5 Exhibit 4 # 6 Exhibit 5 # 7 Exhibit 6)(Davidson Manu) (Entered:




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11/23/2010 154 MOTION for new trial by Christina Thomas. (Selig, Robert) (Entered:11/23/2010)

11/29/2010 155 BOMBARDIER Recreational Products Inc.'s MEMORANDUM of law inresponse to motion re 148 MOTION for new trial led by BombardierRecreational Products, Inc.. (Hernandez, Armando) Modied on 11/30/2010 toedit docket text (SLU). (Entered: 11/29/2010)

12/07/2010 156 OPINION AND ORDER denying 148 Motion for new trial; denying 154Motion for new trial. Signed by Judge John E. Steele on 12/7/2010. (RKR)(Entered: 12/07/2010)

01/03/2011 157 TRANSCRIPT of Jury Trial Testimony of Sam Spade held on 10/29/10 beforeJudge John E. Steele. Court Reporter/Transcriber Jeffrey G. Thomas,Telephonenumber (239) 461-2033. Transcript may be viewed at the court public terminalor purchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtained throughPACER or purchased through the Court Reporter. Redaction Request due1/24/2011, Redacted Transcript Deadline set for 2/3/2011, Release of Transcript Restriction set for 4/4/2011. (JGT) (Entered: 01/03/2011)

01/03/2011 158 TRANSCRIPT of Jury Trial Testimony of James Frantz held on 10/29/10before Judge John E. Steele. Court Reporter/Transcriber Jeffrey G.Thomas,Telephone number (239) 461-2033. Transcript may be viewed at thecourt public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it maybe obtained through PACER or purchased through the Court Reporter.

Redaction Request due 1/24/2011, Redacted Transcript Deadline set for2/3/2011, Release of Transcript Restriction set for 4/4/2011. (JGT) (Entered:01/03/2011)

01/03/2011 159 NOTICE to counsel of ling of OFFICIAL TRANSCRIPT. The parties haveseven (7) calendar days to le with the court a Notice of Intent to RequestRedaction of this transcript. If no such Notice is led, the transcript may bemade remotely electronically available to the public without redaction after 90

calendar days. Any party needing a copy of the transcript to review forredaction purposes may purchase a copy from the court reporter or view thedocument at the clerk's ofce public terminal. Court Reporter: Jeffrey G.Thomas (JGT) (Entered: 01/03/2011)

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THOMAS V. BOMBARDIER RECREATIONAL PRODUCTS, INC. Docket

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