throbber
APPEAL,CLOSED,PHV,PROTO,REASSIGNED DJ
`U.S. District Court
`Northern District of Iowa (Eastern Waterloo)
`CIVIL DOCKET FOR CASE #: 6:19−cv−02012−CJW−KEM
`Internal Use Only
`
`Floyd County Mutual Insurance Association v. CNH Industrial
`America LLC
`Assigned to: Judge CJ Williams
`Referred to: Magistrate Judge Judge Kelly K.E. Mahoney
`Related Cases: 2:18−cv−01029−KEM
`5:18−cv−04059−KEM
`1:18−cv−00070−KEM
`3:19−cv−03013−CJW−KEM
`Cause: 28:1332 Diversity−Product Liability
`Plaintiff
`
`Date Filed: 02/28/2019
`Date Terminated: 12/11/2020
`Jury Demand: None
`Nature of Suit: 385 Prop. Damage Prod.
`Liability
`Jurisdiction: Diversity
`
`Floyd County Mutual Insurance
`Association
`as subrogee
`on behalf of
`Clark R McGregor
`on behalf of
`Ronald R McGregor Revocable Trust
`on behalf of
`McGregor Farms, Inc
`
`represented by David J Taylor
`Yost & Baill LLP
`2050 US Bank Plaza South
`220 S 6th Street
`ECF
`Minneapolis, MN 55402
`612 338 6000
`Email: dtaylor@yostbaill.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Michelle Donna Hurley
`Yost & Baill, LLP
`220 S. 6th Street
`Suite 2050
`***ECF
`Minneapolis, MN 55402
`612 338 6000
`Email: mhurley@yostbaill.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by Gregory M Lederer
`Lederer Weston Craig PLC
`PO Box 1927
`118 Third Avenue SE Suite 700
`***ECF
`Cedar Rapids, IA 52406
`
`V.
`
`Defendant
`
`CNH Industrial America LLC
`
`January 11 2021 p1
`Appellate Case: 21-1075 Page: 1 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`319 365 1184
`Email: glederer@lwclawyers.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Haley Ann Johnston
`Frost Brown Todd LLC
`201 North Illinois Street
`Suite 1900
`***ECF
`Indianapolis, IN 46244
`317 237 3800
`Email: hjohnston@fbtlaw.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Maureen A Bickley
`Frost Brown Todd LLC
`301 E 4th Street
`3300 Great American Tower
`***ECF
`Cincinnati, OH 45202
`513 651 6107
`Email: mbickley@fbtlaw.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Shannon Powers
`Lederer Weston & Craig PLC
`118 3rd Ave SE Ste 700
`PO Box 1927
`***ECF
`Cedar Rapids, IA 52406−1927
`319 365 1184
`Email: spowers@lwclawyers.com
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`02/28/2019
`
`#
`
`1
`
`02/28/2019
`
`02/28/2019
`
`02/28/2019
`
`2
`
`3
`
`Page Docket Text
`
`COMPLAINT With Jury Demand against CNH Industrial America LLC (
`Filing fee $ 400 receipt number 0862−2884957.), filed by Floyd County Mutual
`Insurance Association. Scheduling Report due by 5/29/2019 (Attachments: # 1
`Civil Cover Sheet) (Taylor, David) (Entered: 02/28/2019)
`
`Chief Magistrate Judge Kelly Mahoney added. Clerk checked for conflicts as to
`parties and attorneys − none found. (des) (Entered: 02/28/2019)
`
`NOTICE of Assignment to U.S. Magistrate Judge. Check Status Deadline due
`by 3/30/2019. (des) (Entered: 02/28/2019)
`
`Summons Issued as to CNH Industrial America LLC. ****PLEASE MAKE
`COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN
`
`January 11 2021 p2
`Appellate Case: 21-1075 Page: 2 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`REMAINING INFORMATION**** (Attachments: # 1 Civil Actions new case
`packet) (des) (Entered: 02/28/2019)
`
`Set Deadline: Plaintiff LR 7.1 Disclosure Statement due by 3/21/2019 (des)
`(Entered: 02/28/2019)
`
`PURSUANT to Local Rule 7.1 Disclosure Statement by Floyd County Mutual
`Insurance Association (Taylor, David) (Entered: 03/14/2019)
`
`SUMMONS Returned Executed by Floyd County Mutual Insurance
`Association. CNH Industrial America LLC served on 3/8/2019, answer due
`3/29/2019. (Taylor, David) (Entered: 03/14/2019)
`
`Set Deadlines: Defendant LR 7.1 Disclosure Statement due by 4/7/2019. (jjh)
`(Entered: 03/15/2019)
`
`MOTION to Dismiss for Failure to State a Claim by Defendant CNH Industrial
`America LLC (Attachments: # 1 Brief in Support of Motion to Dismiss, # 2
`Appendix) Check Status on MJ Consent due by 4/29/2019. (Lederer, Gregory)
`Modified text on 4/14/2019 (des) (Entered: 04/12/2019)
`
`MOTION for Leave to Appear Pro Hac Vice for Attorney Haley A. Johnston by
`Defendant CNH Industrial America LLC (Attachments: # 1 Certificate of Good
`Standing) (Lederer, Gregory) (Entered: 04/17/2019)
`
`TEXT ORDER − This matter is before the court on the 7 Motion for Leave to
`Appear Pro Hac Vice for Attorney Haley A Johnston on behalf of Defendant
`CNH Industrial America LLC. Upon a review of the Motion and the Certificate
`of Good Standing, the court finds the Motion should be granted. Signed by
`Clerk on 4/18/2019. (des) (Entered: 04/18/2019)
`
`RESISTANCE to Motion re 6 MOTION to Dismiss for Failure to State a Claim
`filed by Floyd County Mutual Insurance Association. (Attachments: # 1
`Affidavit of David J. Taylor, # 2 Exhibit A − Damage Documents) (Taylor,
`David) (Entered: 04/26/2019)
`
`MOTION for Leave to Appear Pro Hac Vice for Attorney Maureen A. Bickley
`by Defendant CNH Industrial America LLC (Attachments: # 1 Certificate of
`Good Standing, # 2 Certificate of Good Standing) (Lederer, Gregory) (Entered:
`04/29/2019)
`
`TEXT ORDER − This matter comes before the Court on the 10 Motion for
`Leave to Appear Pro Hac Vice for Attorney Maureen A. Bickley on behalf of
`Defendant CNH Industrial America LLC. Upon a review of the Motion and
`Certificate of Good Standing, the Court finds the Motion should be granted.
`Signed by Clerk on 4/30/2019. (mmc) (Entered: 04/30/2019)
`
`Judge CJ Williams added (no conflicts identified). Chief Magistrate Judge
`Kelly Mahoney no longer assigned as presider to case. (pac) (Entered:
`04/30/2019)
`
`MOTION for Leave to File Overlength Brief (With Consent) by Defendant
`CNH Industrial America LLC (Attachments: # 1 Reply Brief in Support of its
`Motion to Dismiss) (Lederer, Gregory) (Entered: 05/03/2019)
`
`02/28/2019
`
`03/14/2019
`
`03/14/2019
`
`03/15/2019
`
`4
`
`5
`
`04/12/2019
`
`6
`
`04/17/2019
`
`7
`
`04/18/2019
`
`8
`
`04/26/2019
`
`9
`
`04/29/2019
`
`10
`
`04/30/2019
`
`11
`
`04/30/2019
`
`05/03/2019
`
`12
`
`05/03/2019
`
`13
`
`January 11 2021 p3
`Appellate Case: 21-1075 Page: 3 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`ORDER granting 12 Motion for Leave to File Overlength Brief. The Clerk of
`Court is directed to file the overlength reply brief attached at Doc. 12−1. Signed
`by Judge CJ Williams on 05/03/2019. (jjh) (Entered: 05/03/2019)
`
`REPLY BRIEF in Support of 6 MOTION to Dismiss for Failure to State a
`Claim filed by CNH Industrial America LLC. (jjh) (Entered: 05/03/2019)
`
`PURSUANT to Local Rule 7.1 Disclosure Statement by CNH Industrial
`America LLC (Lederer, Gregory) (Entered: 05/06/2019)
`
`ORDER: Defendant's MOTION to Dismiss for Failure to State a Claim 6 is
`granted and Count 2 is dismissed with prejudice. Plaintiff's Motion for Leave to
`Amend the Complaint [9−1] is granted. The Court grants plaintiff leave to
`amend within fourteen (14) days of this Order. If plaintiff does not file an
`amended complaint within that time, the Court will dismiss counts I, III, and IV
`without prejudice. Signed by Judge CJ Williams on 7/19/19. (ksy) (Entered:
`07/01/2019)
`
`AMENDED Complaint With Jury Demand against CNH Industrial America
`LLC, filed by Floyd County Mutual Insurance Association. (Taylor, David)
`(Entered: 07/12/2019)
`
`MOTION To Certify Order and For Stay of the Proceedings by Plaintiff Floyd
`County Mutual Insurance Association (Taylor, David) Modified on 7/15/2019
`to correct name of document. (src) (Entered: 07/12/2019)
`
`ORDER Setting Hearing: Scheduling Conference set for 7/19/2019 at 11:00
`AM (Telephonic Hearing − please see text of Order for dial−in participation
`instructions) before Chief United States Magistrate Judge Kelly K.E. Mahoney.
`Signed by Chief United States Magistrate Judge Kelly K.E. Mahoney on
`07/15/2019. (Attachments: # 1 proposed scheduling order and discovery plan)
`(Gollhofer, Jami) (Entered: 07/15/2019)
`
`MINUTE Entry for proceedings held before Chief Magistrate Judge Kelly K.E.
`Mahoney: Scheduling Conference held on 7/19/2019. Scheduling Order and
`Discovery Plan to follow. (Official Court Record: FTR Gold) (kms) Modified
`text on 7/24/2019 (kms). (Entered: 07/22/2019)
`
`SCHEDULING Order and Discovery Plan: Initial Disclosures due date of
`8/8/2019 but not filed with the court. Add Parties Deadline due by 10/7/2019.
`Amended Pleadings due by 10/7/2019. Plaintiffs Expert Witness due by
`3/2/2020. Defendants Expert Witnesses due by 5/4/2020. Plaintiffs Rebuttal
`Experts due by 5/22/2020. Discovery due by 6/30/2020. Motions due by
`7/14/2020. Trial Ready Deadline 12/14/2020. Signed by Chief Magistrate Judge
`Kelly K.E. Mahoney on 7/22/2019. (kms) (Entered: 07/22/2019)
`
`TRIAL Management Order: Witness and exhibit lists exchanged by parties (but
`not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3
`days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for
`1/4/2021 09:00 AM in Ctrm 3 (4th Floor) Cedar Rapids before Judge CJ
`Williams. Final Pretrial Conference set for 12/21/2020 09:00 AM Telephonic
`Hearing before Judge CJ Williams. Proposed Pretrial Order due by 12/18/2020.
`Signed by Judge CJ Williams on 7/24/2019. (kms) (Entered: 07/24/2019)
`
`05/03/2019
`
`14
`
`05/06/2019
`
`15
`
`07/01/2019
`
`16
`
`07/12/2019
`
`17
`
`07/12/2019
`
`18
`
`07/15/2019
`
`19
`
`07/22/2019
`
`20
`
`07/22/2019
`
`21
`
`07/24/2019
`
`22
`
`07/26/2019
`
`23
`
`January 11 2021 p4
`Appellate Case: 21-1075 Page: 4 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`08/23/2019
`
`24
`
`09/03/2019
`
`25
`
`09/05/2019
`
`26
`
`05/01/2020
`
`27
`
`05/04/2020
`
`28
`
`05/07/2020
`
`29
`
`05/07/2020
`
`30
`
`05/08/2020
`
`31
`
`09/14/2020
`
`32
`
`09/14/2020
`
`33
`
`ANSWER With Jury Demand to 17 Amended Complaint by CNH Industrial
`America LLC.(Johnston, Haley) (Entered: 07/26/2019)
`
`MEMORANDUM OPINON AND ORDER denying 18 Motion to Certify
`Order and for Stay of Proceedings. Signed by Judge CJ Williams on 8/23/2019.
`(pac) (Entered: 08/23/2019)
`
`MOTION for Protective Order by Defendant CNH Industrial America LLC
`(Attachments: # 1 Text of Proposed Order Ex. 1− Stipulated Protective Order)
`(Johnston, Haley) (Entered: 09/03/2019)
`
`PROTECTIVE Order re 25 MOTION for Protective Order . Signed by Chief
`Magistrate Judge Kelly K.E. Mahoney on 9/5/2019. (jjh) (Entered: 09/05/2019)
`
`UNRESISTED Motion for Extension of Deadlines and Continue Trial by
`Defendant CNH Industrial America LLC (Lederer, Gregory) (Entered:
`05/01/2020)
`
`** TEXT ORDER ONLY ** Setting Hearing on Motion, 27 UNRESISTED
`Motion for Extension of Deadlines and Continue Trial: Motion Hearing set for
`5/6/2020 at 10:00 AM (Telephonic Hearing, dial−in hearing instructions
`emailed to the parties) before Chief Magistrate Judge Kelly K.E. Mahoney.
`Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on
`05/04/2020. (Gollhofer, Jami) (Entered: 05/04/2020)
`
`MINUTE Entry for proceedings held before Chief Magistrate Judge Kelly K.E.
`Mahoney: Telephonic Scheduling Conference held on 5/6/2020 re 27
`UNRESISTED Motion for Extension of Deadlines and Continue Trial filed by
`CNH Industrial America LLC. Order to follow. (Official Court Record: FTR
`Gold) (jag) (Entered: 05/07/2020)
`
`ORDER granting 27 UNRESISTED Motion for Extension of Deadlines and to
`Continue Trial filed by CNH Industrial America LLC. Defendant's Expert
`Witnesses due by 7/2/2020. Plaintiff's Rebuttal Experts due by 7/22/2020.
`Discovery due by 8/31/2020. Dispositive Motions due by 9/14/2020. The final
`pretrial conference (December 21, 2020) and jury trial (January 4, 2021) are
`continued and will be rescheduled by separate order. The parties will be
`prepared for trial on or after February 11, 2021. Signed by Chief Magistrate
`Judge Kelly K.E. Mahoney on 5/7/2020. (skm) (Entered: 05/07/2020)
`
`ORDER Rescheduling Trial and Final Pretrial Conference: Final Pretrial
`Conference set for 2/8/2021 09:00 AM in Telephonic Hearing before Judge CJ
`Williams. Jury Trial set for 2/22/2021 09:00 AM in Ctrm 3 (4th Floor) Cedar
`Rapids before Judge CJ Williams. Signed by Judge CJ Williams on 5/8/2020.
`[see ORDER for dialing instructions] (kms) (Entered: 05/08/2020)
`
`MOTION to Strike by Defendant CNH Industrial America LLC Responses due
`by 9/28/2020 (Attachments: # 1 Memorandum in Support of Motion to Strike
`Expert Opinions of Larry Wyatt, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5
`Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit
`9) (Lederer, Gregory) (Entered: 09/14/2020)
`
`MOTION to Strike by Defendant CNH Industrial America LLC Responses due
`by 9/28/2020 (Attachments: # 1 Memorandum in Support of Motion to Strike
`Expert Opinions of Steve Hamers, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, #
`
`January 11 2021 p5
`Appellate Case: 21-1075 Page: 5 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`09/14/2020
`
`34
`
`09/28/2020
`
`35
`
`09/28/2020
`
`36
`
`10/05/2020
`
`37
`
`10/05/2020
`
`38
`
`10/06/2020
`
`39
`
`10/07/2020
`
`42
`
`10/07/2020
`
`10/08/2020
`
`43
`
`10/08/2020
`
`44
`
`5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10
`Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11) (Lederer, Gregory) (Entered:
`09/14/2020)
`
`MOTION for Summary Judgment by Defendant CNH Industrial America LLC
`Responses due by 10/5/2020 (Attachments: # 1 Brief in Support of its Motion
`for Summary Judgment, # 2 Appendix in Support of its Motion for Summary
`Judgment) (Lederer, Gregory) (Additional attachment(s) added on 10/14/2020:
`# 3 Statement of Facts) (kms). (Entered: 09/14/2020)
`
`RESISTANCE to Motion re 32 MOTION to Strike filed by Floyd County
`Mutual Insurance Association. (Attachments: # 1 Affidavit of David J. Taylor,
`# 2 Exhibit A − NFPA 921 (2014), # 3 Exhibit B − Deposition of Todd Hetrick,
`# 4 Exhibit C − Deposition of Larry Wyatt, # 5 Exhibit D − Todd Hetrick
`Report, # 6 Exhibit E − Deposition of Daniel Morey − CNH 30(b)(6)) (Taylor,
`David) (Entered: 09/28/2020)
`
`RESISTANCE to Motion re 33 MOTION to Strike filed by Floyd County
`Mutual Insurance Association. (Attachments: # 1 Affidavit of Steve Hamers −
`Ex. A−C, # 2 Affidavit of Steve Hamers − Ex. D, part 1, # 3 Affidavit of Steve
`Hamers − Ex. D, part 2, # 4 Affidavit of Steve Hamers − Ex. E, # 5 Affidavit of
`David J. Taylor, # 6 Exhibit A − Deposition of Steve Hamers, # 7 Exhibit B −
`NFPA 921 (2014), # 8 Exhibit C − Deposition of Todd Hetrick, # 9 Exhibit D −
`Deposition of Daniel Morey − CNH 30(b)(6(, # 10 Exhibit E − Case IH PIP)
`(Taylor, David) (Entered: 09/28/2020)
`
`UNRESISTED Motion to File Reply Brief and Attachment Under Seal by
`Defendant CNH Industrial America LLC. (Lederer, Gregory) (Entered:
`10/05/2020)
`
`RESISTANCE to Motion re 34 MOTION for Summary Judgment filed by
`Floyd County Mutual Insurance Association. (Hurley, Michelle) (Entered:
`10/05/2020)
`
`ORDER granting 37 Unresisted Motion to File Reply Brief and Attachment
`Under Seal. Signed by Judge CJ Williams on 10/6/2020. (skm) (Entered:
`10/06/2020)
`
`NOTICE of Filing of Sealed Exhibits re 41 Sealed Document, Exhibit 6 − Dan
`Morey Declaration (Lederer, Gregory) Modified text on 10/8/2020 (kms).
`(Entered: 10/07/2020)
`
`DOCKET Annotation re 36 Resistance to 33 MOTION to Strike: Paper copy
`received and stored in Clerk's Office. (pac) (Entered: 10/07/2020)
`
`UNRESISTED Motion for 4−Day Enlargement of Time to File Reply in
`Support of Defendant's Motion for Summary Judgment by Defendant CNH
`Industrial America LLC (Lederer, Gregory) (Entered: 10/08/2020)
`
`*TEXT ORDER* ORDER granting 43 Unresisted Motion for Extension of
`Time to File Reply in Support of Defendant's Motion for Summary Judgment.
`The deadline to file a Reply is extended to 10/16/2020. Signed by Judge C.J.
`Williams on 10/8/2020. (skv) (Entered: 10/08/2020)
`
`10/13/2020
`
`45
`
`MOTION for Leave to File Statement of Facts in Support of Motion for
`Summary Judgment Contested Motion for Leave to File Statement of Facts in
`
`January 11 2021 p6
`Appellate Case: 21-1075 Page: 6 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`10/14/2020
`
`46
`
`10/14/2020
`
`47
`
`10/21/2020
`
`48
`
`10/26/2020
`
`49
`
`10/29/2020
`
`50
`
`11/20/2020
`
`51
`
`11/20/2020
`
`52
`
`11/23/2020
`
`11/23/2020
`
`53
`
`11/23/2020
`
`54
`
`Support of Motion for Summary Judgment by Defendant CNH Industrial
`America LLC (Attachments: # 1 Exhibit A − CNH Industrial America LLC's
`Statement of Facts in Support of its Motion for Summary Judgment) (Lederer,
`Gregory) (Entered: 10/13/2020)
`
`ORDER granting 45 Motion for Leave to File to File Statement of Facts: The
`Clerk of Court is directed to detach the statement of facts at Doc. 45−1, and
`attach it to the motion for summary judgment at Doc. 34. Plaintiff's deadline to
`file a supplemental resistance to the motion for summary judgment, if it chooses
`to, is October 21, 2020. Defendant's deadline to file a reply, if it chooses to, is
`October 26, 2020. Signed by Judge CJ Williams on 10/14/2020. (kms)
`(Entered: 10/14/2020)
`
`ORDER Setting Hearing on 34 MOTION for Summary Judgment , 33
`MOTION to Strike , 32 MOTION to Strike : Oral Argument Hearing set for
`10/29/2020 03:00 PM in Telephonic Hearing before Judge CJ Williams. The
`Court has set aside two hours for this hearing. Signed by Judge CJ Williams on
`10/14/2020. [see ORDER for dialing instructions] (kms) (Entered: 10/14/2020)
`
`RESISTANCE to Motion re 34 MOTION for Summary Judgment filed by
`Floyd County Mutual Insurance Association. (Attachments: # 1 Statement of
`Material Facts Plaintiff's Response to CNH Industrial America LLC's Statement
`of Facts) (Hurley, Michelle) (Entered: 10/21/2020)
`
`Response to Motion re 34 MOTION for Summary Judgment filed by CNH
`Industrial America LLC. (Attachments: # 1 Appendix CNH Industrial America
`LLC's Reply in Support of Its Motion for Summary Judgment) (Lederer,
`Gregory) (Entered: 10/26/2020)
`
`MINUTE Entry for proceedings held before Judge CJ Williams: Motion
`Hearing held on 10/29/2020 re 34 MOTION for Summary Judgment filed by
`CNH Industrial America LLC, 33 MOTION to Strike filed by CNH Industrial
`America LLC, 32 MOTION to Strike filed by CNH Industrial America LLC.
`(Official Court Record: Patrice Murray) (kms) (Entered: 10/29/2020)
`
`PLAINTIFFS Brief re 50 Motion Hearing, Supplemental Briefing on Question
`of Subject Matter Jurisdiction by Floyd County Mutual Insurance Association
`(Taylor, David) (Entered: 11/20/2020)
`
`SUPPLEMENT/ADDENDUM 34 MOTION for Summary Judgment , 33
`MOTION to Strike , 32 MOTION to Strike by CNH Industrial America LLC
`(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6
`Exhibit, # 7 Exhibit, # 8 Exhibit) (Lederer, Gregory) (Entered: 11/20/2020)
`
`DOCKET Annotation re 52 Supplement re 34 Motion for Summary Judgment:
`Paper copy received by CJW chambers. (pac) Modified text on 11/23/2020
`(skm). (Entered: 11/23/2020)
`
`[FILED IN ERROR] DEFENDANTS Brief (Supplemental) in Support of
`Motion for Summary Judgment by CNH Industrial America LLC (Lederer,
`Gregory) Modified text on 11/23/2020 (kms). (Entered: 11/23/2020)
`
`AMENDED SUPPLEMENT to 34 MOTION for Summary Judgment , 33
`MOTION to Strike , 32 MOTION to Strike by CNH Industrial America LLC
`(Lederer, Gregory) Modified text to add amended on 11/23/2020 (kms).
`
`January 11 2021 p7
`Appellate Case: 21-1075 Page: 7 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`12/11/2020
`
`55
`
`12/11/2020
`
`56
`
`01/08/2021
`
`57
`
`01/11/2021
`
`58
`
`(Entered: 11/23/2020)
`
`ORDER: The court finds it does not have subject matter jurisdiction to hear this
`case and it cannot consider merits of the pending motions. The motions to strike
`expert testimony 32 and 33 and motion for summary judgment 34 are thus
`dismissed for lack of subject matter jurisdiction. Plaintiff's remaining claims are
`also dismissed for lack of subject matter jurisdiction. The Clerk of Court is
`directed to close this case and remove it from the trial calendar. Signed by
`Judge CJ Williams on 12/11/20. (ksy) (Entered: 12/11/2020)
`
`JUDGMENT: The court finds it does not have subject matter jurisdiction to
`hear this case. Plaintiff's remaining claims are also dismissed for lack of subject
`matter jurisdiction. Signed by Judge CJ Williams on 12/11/20. (ksy) (Entered:
`12/11/2020)
`
`NOTICE of Appeal as to 55 Order and 56 Judgment by Floyd County Mutual
`Insurance Association. Filing fee $505, receipt number AIANDC−3361460.
`(Taylor, David) Modified text on 1/11/2021 (pac). (Entered: 01/08/2021)
`
`NOA Supplement and Transmission of Notice of Appeal to US Court of
`Appeals re 57 Notice of Appeal. Case Number due by 1/14/2021. (pac)
`(Entered: 01/11/2021)
`
`January 11 2021 p8
`Appellate Case: 21-1075 Page: 8 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF IOWA
`EASTERN DIVISION
`
`
`
`FLOYD COUNTY MUTUAL
`INSURANCE ASSOCIATION a/s/o
`CLARK R. McGREGOR, RONALD R.
`McGREGOR REVOCABLE TRUST,
`and McGREGOR FARMS INC.,
`
`Plaintiff,
`
`vs.
`
`CNH INDUSTRIAL AMERICA LLC,
`
`No. 19-CV-2012-CJW-KEM
`
`
`
`ORDER
`
`
`
`
`
`Defendant.
`
`____________________
`
`This matter is before the Court on defendant’s Motion to Strike Expert Opinions
`
`of Larry Wyatt (Doc. 32), Motion to Strike Expert Opinions of Steve Hamers (Doc. 33),
`
`and Motion for Summary Judgment (Doc. 34). Plaintiff timely resisted each of
`
`defendant’s motions. (Docs. 35, 36, & 38). Defendant timely filed a reply in support
`
`its Motion for Summary Judgment. (Doc. 49).
`
`At the parties’ request, the Court heard oral arguments on these three motions on
`
`October 29, 2020. (Doc. 50). At the end of arguments, the Court, sua sponte, raised a
`
`concern about whether it had subject matter jurisdiction over this case. Specifically, the
`
`Court was concerned Title 28, United States Code, Section 1332’s requirement that the
`
`amount in controversy exceed $75,000 had not been satisfied. The Court requested the
`
`parties submit supplemental briefing on this issue. (Id.). On November 20, 2020,
`
`plaintiff and defendant each complied with the Court’s request and submitted
`
`supplemental briefing on subject matter jurisdiction. (Docs. 51 & 52).
`
`Case 6:19-cv-02012-CJW-KEM Document 55 Filed 12/11/20 Page 1 of 13
`January 11 2021 p9
`Appellate Case: 21-1075 Page: 9 Date Filed: 01/11/2021 Entry ID: 4992920
`
`

`

`For the following reasons, the Court finds it does not have subject matter
`
`jurisdiction over this case. Thus, this case is dismissed for lack of subject matter
`
`jurisdiction.
`
`I.
`
`BACKGROUND
`
`This matter is a products liability action involving an allegedly defective tractor
`
`that caught fire. The following facts are undisputed unless otherwise noted. The Court
`
`will address additional facts as they become relevant to the Court’s analysis.
`
`Plaintiff is an insurance company with its principal place of business in Charles
`
`City, Iowa. (Doc. 17, at 2). Defendant is a foreign limited liability company registered
`
`to do business in Iowa. (Doc. 23, at 2–3). Plaintiff issued an insurance policy to Clark
`
`R. McGregor, the Ronald R. McGregor Revocable Trust, and McGregor Farms Inc.
`
`(collectively, “McGregor”). (Docs. 45-1, at 1; 48-1, at 1). The insurance policy covered
`
`a tractor manufactured by defendant. (Docs. 45-1, at 1; 48-1, at 1). On September 30,
`
`2017, the tractor caught fire while it was being used to harvest soybeans in a field near
`
`Nashua, Iowa. (Docs. 45-1, at 1, 3; 48-1, at 1–2). The fire caused $167,787.81 in
`
`damages, which included $145,000 for damage to the tractor, $5,618.32 for damage to
`
`a tillage implement, and $15,974.50 for damage to other personal property stored on the
`
`tractor.1 (Docs. 45-1, at 1; 48-1, at 1). In compliance with the terms of the insurance
`
`policy, plaintiff allegedly paid McGregor $167,787.81 “for damages incurred as a result
`
`of the fire” and was thus subrogated to all of McGregor’s claims against defendant. (Doc.
`
`23, at 3–4).
`
`
`1 The parties’ three separate categories of damages—the tractor, the tillage implement, and the
`other
`personal
`property—do
`not
`add
`up
`to
`the
`total
`asserted
`damages
`($145,000.00+$5,618.32+$15,974.50=$166,592.82). Although it is unclear why the
`breakdown of damages is less than the total amount of damages, the parties agree on these
`numbers and the difference between total damages claimed and the breakdown of damages will
`have no effect on the Court’s analysis. Thus, the Court will use these numbers in its analysis.
`
`
`
`Case 6:19-cv-02012-CJW-KEM Document 55 Filed 12/11/20 Page 2 of 13
`January 11 2021 p10
`Appellate Case: 21-1075 Page: 10 Date Filed: 01/11/2021 Entry ID: 4992920
`
`2
`
`

`

`Plaintiff brought a four-count complaint in this Court alleging: 1) negligence;
`
`2) breach of warranty; 3) strict liability; and 4) failure to warn. (Doc. 1, at 3–4).
`
`Plaintiff’s claims were for “damages incurred as a result of the fire . . . and causes of
`
`action McGregor may have against [defendant] in connection with the fire.” (Id., at 3).
`
`On April 12, 2019, defendant filed a motion to dismiss under Federal Rule of Civil
`
`Procedure 12(b)(6). (Doc. 6). The Court found, as both parties agreed, that plaintiff’s
`
`breach of warranty claim was barred because the express warranty covering the tractor
`
`conspicuously disclaimed all implied warranties and had expired before the date of the
`
`fire. (Docs. 6, at 1; 9, at 3; 16, at 2). Thus, the Court dismissed plaintiff’s breach of
`
`warranty claim. (Doc. 16, at 2). The Court also found that the Economic Loss Doctrine
`
`(“ELD”) barred plaintiff’s three remaining claims and dismissed those claims as well.
`
`(Doc. 16, at 5–6). In doing so, the Court found that the exception to the ELD for claims
`
`arising out of a sudden or dangerous occurrence accompanied by either personal injury
`
`or property damage extending beyond the product itself did not apply. (Id., at 5).
`
`Specifically, plaintiff had not alleged personal injury or property damage extending
`
`beyond the tractor at issue. (Id.). The Court granted plaintiff’s request to file an amended
`
`complaint, however, to assert such damages. (Id., at 7).
`
`On July 12, 2019, plaintiff filed an Amended Complaint, again asserting claims
`
`for negligence, strict liability, and failure to warn. (Doc. 17). On July 26, 2019,
`
`defendant filed its answer to the Amended Complaint. (Doc. 23). Defendant now moves
`
`for summary judgment on plaintiff’s three remaining claims here.
`
`II.
`
`SUBJECT MATTER JURISDICTION
`
`A.
`
`Applicable Law
`
`Federal courts may only hear cases that fall within their limited subject matter
`
`jurisdiction. N. Cent. F.S. v. Brown, 951 F. Supp. 1383, 1391–92 (N.D. Iowa 1996).
`
`“Challenges to subject-matter jurisdiction can of course be raised at any time prior to
`
`
`
`Case 6:19-cv-02012-CJW-KEM Document 55 Filed 12/11/20 Page 3 of 13
`January 11 2021 p11
`Appellate Case: 21-1075 Page: 11 Date Filed: 01/11/2021 Entry ID: 4992920
`
`3
`
`

`

`final judgment.” Grupo Dataflux v. Atlas Glob. Grp., 541 U.S. 567, 571 (2004) (citation
`
`omitted). A federal district court must consider and raise appropriate questions about its
`
`subject matter jurisdiction sua sponte even if the parties do not raise such issues. Hart
`
`v. United States, 630 F.3d 1085, 1089 (8th Cir. 2011).
`
`A federal district court’s subject matter jurisdiction extends to, among other
`
`things, “all civil actions where the matter in controversy exceeds the sum or value of
`
`$75,000, exclusive of interests and costs, and is between . . . citizens of different States.”
`
`28 U.S.C. § 1332. “Generally, a complaint that alleges the jurisdictional amount [in
`
`controversy] in good faith will suffice to confer jurisdiction[.]” Larkin v. Brown, 41
`
`F.3d 387, 388 (8th Cir. 1994). It is well-settled doctrine “that ‘the jurisdiction of the
`
`Court depends on the state of things at the time of the action brought.’” Grupo Dataflux,
`
`541 U.S. at 570 (quoting Mollan v. Torrance, 22 U.S. (9 Wheat.) 537, 539 (1824)).
`
`“Events occurring subsequent to the institution of suit which reduce the amount
`
`recoverable below the statutory limit do not oust jurisdiction.” St. Paul Mercury Indem.
`
`Co. v. Red Cab Co., 303 U.S. 283, 289–90 (1983). Similarly, a plaintiff who does not
`
`“recover an amount adequate to give the court jurisdiction does not show his bad faith or
`
`oust the jurisdiction.” Id. at 289.
`
`A complaint, however, “will be dismissed if it ‘appear[s] to a legal certainty that
`
`the claim is really for less than the jurisdictional amount.’” Larkin, 41 F.3d at 389
`
`(quoting St. Paul Mercury Indem. Co., 303 U.S. at 289) (alteration in original). There
`
`is legal certainty if the “maximum amount of damages can . . . be determined with
`
`complete accuracy before trial, as in cases involving liquidated damages or statutory
`
`limits on damages, or where damages are unavailable altogether.” Kopp v. Kopp, 280
`
`F.3d 883, 885 (8th Cir. 2002). Legal certainty that the amount recoverable falls below
`
`the jurisdictional threshold can be adduced from the face of the pleadings or from the
`
`proofs and facts later disclosed. St. Paul Mercury Indem. Co., 303 U.S. at 289. Stated
`
`
`
`Case 6:19-cv-02012-CJW-KEM Document 55 Filed 12/11/20 Page 4 of 13
`January 11 2021 p12
`Appellate Case: 21-1075 Page: 12 Date Filed: 01/11/2021 Entry ID: 4992920
`
`4
`
`

`

`differently, “[t]he district court has subject matter jurisdiction in a diversity case when a
`
`fact finder could legally conclude, from the pleadings and proof adduced to the court
`
`before trial, that the damages that the plaintiff suffered are greater than $75,000.” Kopp,
`
`280 F.3d at 885.
`
`B.
`
`Analysis
`
`Plaintiff’s amended complaint alleges $167,787.81 in total damages. (Doc. 17, at
`
`3). $145,000.00 of the total damages is for damage to the tractor. (Docs. 17, at 3; 45-
`
`1, at 1; 48-1, at 1). Of the remaining $22,787.81 in damages, $5,618.32 is for damage
`
`to the tillage implement and $15,974.50 is for damage to “other personal property,
`
`including various tools, equipment, and other personal property stored on the Tractor.”
`
`(Doc. 45-1, at 1).
`
`The Court must consider whether the ELD allows for recovery of each category
`
`of plaintiff’s asserted damages and what impact that has on the Court’s subject matter
`
`jurisdiction. If Iowa’s ELD allows for recovery on each of plaintiff’s damages categories,
`
`then there is no jurisdictional concern and the Court may consider the merits of the case.
`
`If, however, the ELD does not permit recovery on the damages to the tractor, then the
`
`amount in controversy falls short of the “in excess of $75,000” jurisdictional
`
`requirement. In other words, if the tractor damages are not recoverable, there is legal
`
`certainty that the maximum amount of damages is only $22,787.81, which is well below
`
`the Court’s jurisdictional amount in controversy threshold.
`
`Thus, the Court must next consider what damages are recoverable under Iowa’s
`
`ELD.
`
`1.
`
`Iowa’s Economic Loss Doctrine
`
`As the Court discussed in its order on defendant’s motion to dismiss (Doc. 16),
`
`the Iowa Supreme Court has consistently held that Iowa’s ELD bars recovery in tort when
`
`a plaintiff sustained purely economic damages. Des Moines Flying Serv., Inc. v. Aerial
`
`
`
`Case 6:19-cv-02012-CJW-KEM Document 55 Filed 12/11/20 Page 5 of 13
`January 11 2021 p13
`Appellate Case: 21-1075 Page: 13 Date Filed: 01/11/2021 Entry ID: 4992920
`
`5
`
`

`

`Servs. Inc., 880 N.W.2d 212, 218 (Iowa 2016); Annett Holdings, Inc. v. Kum & Go,
`
`L.C., 801 N.W.2d 499, 503 (Iowa 2011); Determan v. Johnson, 613 N.W.2d 259, 261–
`
`62 (Iowa 2000). The ELD bars negligence claims as well as “strict liability in tort where
`
`a product sold by the defendant to the plaintiff failed to perform as it was expected, but
`
`caused no physical injury to person or property.” Determan, 613 N.W.2d at 261-62
`
`(citing Nelson v. Todd’s Ltd., 426 N.W.2d 120, 123 (Iowa 1988)).
`
`Iowa’s ELD is meant to prevent the “tortification of contract law.” Annette
`
`Holdings, 801 N.W.2d at 503. The Iowa Supreme Court applies a multi-factor test to
`
`determine if a claim is “cognizable in tort or contract,” analyzing “the nature of the
`
`defect, the type of risk, and the manner in which the injury arose.” Determan, 613
`
`N.W.2d at 262 (citation and internal quotations omitted). A court does not reach this
`
`analysis, however, unless, “damage for which recovery is sought . . . extend[s] beyond
`
`the product itself.” Id. Iowa’s ELD bars recovery in tort when the damage is “the
`
`foreseeable result from a failure of the product to work properly,” in which case “the
`
`remedy lies in contracts.” Nelson, 426 N.W.2d at 125. Iowa’s ELD keeps claims for
`
`“defeated expectations” in the realm of contract, which allows the parties to allocate the
`
`risk of such losses between themselves and provides the parties certainty by allowing the
`
`contract to control the parties’ rights and duties. Annette Holdings, 801 N.W. 2d at 503–
`
`04. In contrast, when damage results from harm that “could not have been reasonably
`
`anticipated by the contracting parties and would be a

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