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Date: 06-05-2019
Case Style:
Allen F. Scotto v. Gorilla Ladder Company, Tricam Industries Incorporated , Home Depot USA Incorporated
Case Number: 2:17-cv-02838-DGC
Judge: David G. Campbell
Court: United States District Court for the District of Arizona (Maricopa County)
Plaintiff's Attorney: Jason Mario Bruno and Josh Allen Valdez
Defendant's Attorney: A. Blake DeLong, Jefferson T. Collins, Pual V. Kaulas
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Phoenix, AZ - Allen F. Scotto sued Gorilla Ladder Company, Tricam Industries Incorporated , Home Depot USA Incorporated on personal injury negligence theories.
This case was filed by Plaintiff in the Maricopa County Superior Court, CV2017-053591, and was removed to federal court by the defendants.
Date Filed # Docket Text
02/05/2019 82 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 1) begun on 2/5/2019. Voir Dire conducted and jury is sworn. Trial will reconvene on 2/6/2019 at 8:30 a.m. (Court Reporter Patricia Lyons.) See attached PDF for complete details. Hearing held 8:32 a.m. to 1:37 p.m. (CLB) (Entered: 02/05/2019)
02/06/2019 83 *AMENDED by Doc. 90 - MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 2) completed on 2/6/2019. Defendant makes a motion for judgment as a matter of law. Argument is presented by the parties. The Court grants the motion on the manufacturing defect claim and will not instruct the jury on manufacturing defect. The Court denies without prejudice the Rule 702 motion. The verdict is placed on the record and infavor of the Defendants. The Court orders judgment be entered in favor of the Defendants. (Court Reporter Patricia Lyons.) See attached PDF for complete details. Hearing held 8:30 a.m. to 3:07 p.m. (CLB) *Modified on 2/14/2019 (CLB). (Entered: 02/06/2019)
02/06/2019 84 Witness List by Allen F Scotto. (CLB) (Entered: 02/06/2019)
02/06/2019 85 Witness List by Gorilla Ladder Company, Home Depot USA Incorporated, Tricam Industries Incorporated. (CLB) (Entered: 02/06/2019)
02/06/2019 86 Exhibit List by Allen F Scotto. (CLB) (Entered: 02/06/2019)
02/06/2019 87 Final Jury Instructions signed Judge David G. Campbell on 2/6/2019.(CLB) (Entered: 02/06/2019)
02/06/2019 88 JURY VERDICT. (CLB) (Entered: 02/06/2019)
02/06/2019 89 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Jury Verdict filed February 6, 2019, judgment is entered in favor of defendants and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed. (MSA) (Entered: 02/06/2019)
02/06/2019 90 AMENDED MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Amending Doc. 83 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 2) completed on 2/6/2019. Defendant makes a motion for judgment as a matter of law. Argument is presented by the parties. The Court grants the motion on the manufacturing defect claim and will not instruct the jury on manufacturing defect. The Court denies without prejudice the Rule 702 motion. The verdict is placed on the record and infavor of the Defendants. The Court orders judgment be entered in favor of the Defendants. See attached PDF for complete details.
Reason for Amendment: to reflect correct date in minutes. (Court Reporter Patricia Lyons.) Hearing held 8:30 a.m. to 3:07 p.m. (CLB) (Entered: 02/14/2019)
02/20/2019 91 BILL OF COSTS by Gorilla Ladder Company. (Kaulas, Paul) (Entered: 02/20/2019)
03/01/2019 92 OBJECTION/ANSWER/RESPONSE to BILL OF COSTS re: 91 by Allen F Scotto. (Bruno, Jason) (Entered: 03/01/2019)
03/05/2019 93 MOTION for New Trial by Allen F Scotto. (Attachments: # 1 Letter, # 2 Text of Proposed Order Proposed Order for New Trial)(Bruno, Jason) (Entered: 03/05/2019)
03/08/2019 94 *RESPONSE to Objection 92 to Bill of Costs 91 by Defendant Home Depot USA Incorporated. (Kaulas, Paul) *Modified to correct event; attorney noticed on 3/11/2019 (SLQ). (Entered: 03/08/2019)
03/13/2019 95 *RESPONSE to Motion re: 93 MOTION for New Trial filed by Home Depot USA Incorporated and Tricam Industries Incorporated. (Kaulas, Paul) *Modified to correct filers on 3/13/2019 (SLQ). (Entered: 03/13/2019)
04/18/2019 96 ORDER denying 93 Motion for New Trial. Signed by Senior Judge David G Campbell on 4/18/2019.(DGC, nvo) (Entered: 04/18/2019)
04/24/2019 97 Taxation Judgment in amount of $1,437.07 against plaintiff. Signed by Chief Deputy Clerk Michael O'Brien on 4/24/2019. (CSM) (Entered: 04/24/2019)
04/24/2019 98 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 96 Order on Motion for New Trial by Allen F Scotto. Filing fee received: $ 505.00, receipt number 0970-16827897. (Bruno, Jason) (Entered: 04/24/2019)
04/25/2019 99 USCA Case Number re: 98 Notice of Appeal. Case number 19-15869, Ninth Circuit. (EJA) (Entered: 04/26/2019)
05/22/2019 100 TRANSCRIPT REQUEST by Allen F Scotto for proceedings held on 11/6/2018; 1/25/2019; 2/5/2019; 2/6/2016, Judge David G Campbell hearing judge(s) re: 98 Notice of Appeal. (Bruno, Jason) (Entered: 05/22/2019)
05/24/2019 101 REQUEST re: Transcript Order by Defendants Gorilla Ladder Company, Home Depot USA Incorporated, Tricam Industries Incorporated. (DeLong, A) (Entered: 05/24/2019)
06/05/2019 102 NOTICE TO FILER OF DEFICIENCY re: 101 Request filed by Home Depot USA Incorporated, Tricam Industries Incorporated, Gorilla Ladder Company. Incorrect event used: REQUEST. The correct event for this document should be TRANSCRIPT REQUEST. FOLLOW-UP ACTION REQUIRED: Please refile document as a TRANSCRIPT REQUEST. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 06/05/2019)
06/05/2019 103 AMENDED TRANSCRIPT REQUEST pursuant to 102 Notice of Deficiency by Gorilla Ladder Company, Home Depot USA Incorporated, Tricam Industries Incorporated for proceedings held on 02-05-2019 to 02-08-2019, Judge David G Campbell hearing judge(s). (DeLong, A) (Entered: 06/05/2019)
06/05/2019 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC CONFERENCE proceedings for date of 11/06/2018 before Judge DAVID G. CAMPBELL re: 98 Notice of Appeal. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/3/2019. (RAP) (Entered: 06/12/2019)
06/05/2019 105 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE proceedings for date of 01/25/2019 before Judge DAVID G. CAMPBELL re: 98 Notice of Appeal. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/3/2019. (RAP) (Entered: 06/12/2019)
06/05/2019 106 NOTICE OF FILING OF OFFICIAL PARTIAL TRANSCRIPT of TRIAL DAY 1 - OPENING STATEMENTS proceedings for date of 02/05/2019 before Judge DAVID G. CAMPBELL re: 98 Notice of Appeal. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/3/2019. (RAP) (Entered: 06/12/2019)
06/05/2019 107 NOTICE OF FILING OF OFFICIAL PARTIAL TRANSCRIPT of TRIAL - DAY 2 - TESTIMONY, CLOSINGS, RULE 702 proceedings for date of 02/06/2019 before Judge DAVID G. CAMPBELL re: 98 Notice of Appeal. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/3/2019. (RAP) (Entered: 06/12/2019)
Outcome: Defendants' verdict.
Plaintiff's Experts:
Defendant's Experts:
Comments: