St. Paul Fire and Marine Insurance Company v. Caterpillar, Inc. et al
| Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company, American Home Assurance Company, Fireman's Fund Insurance Company, Indemnity Insurance Company of North America and Great American Insurance Company of New York |
| Caterpillar, Inc., Converteam, Inc. and Thompson Tractor Company, Inc. |
| 1:2010cv00312 |
| June 18, 2010 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Mobile |
| William E Cassady |
| Callie V S Granade |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1333 |
| Both |
Docket Report
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Filing 53
ORDER granting #19 Motion to Remand. The court declines to adopt the #41 Report and Recommendation and finds that remand is appropriate. This case is REMANDED to the Circuit Court of Mobile County, Alabama. Signed by Judge Callie V. S. Granade on 4/16/2012. (Attachments: #1 CV 10-92 Order re: Bender Shipbuilding) (sdb)
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| Filing 52 Brief filed by Thompson Tractor Company, Inc. In Opposition to Plaintiff's Objection to Report and Recommendations of the Magistrate Judge. (Bowman, Anna-Katherine) |
| Filing 51 Brief filed by Caterpillar, Inc. in Opposition to Plaintiff's Objection to the October 15, 2010 Report and Recommendations of the Magistrate Judge. (Hamilton, William) |
| Filing 50 RESPONSE to #42 Objection, to Report and Recommendation filed by Converteam, Inc.. (Berdy, Christopher) |
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Filing 49
ENDORSED ORDER granting #48 Motion to Clarify. Response by Converteam, Inc. to be filed by 11/12/2010. Signed by Judge Callie V. S. Granade on 11/10/2010. (jts)
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| Filing 48 MOTION to Clarify and for Extension to File Response by Converteam, Inc.. (Berdy, Christopher) |
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Filing 47
ENDORSED ORDER granting #45 Motion for Extension of Time to Respond to Plaintiff's Objection to Report and Recommendation by Thompson Tractor Company, Inc.. Any response to be fild by 11/12/2010. Signed by Judge Callie V. S. Granade on 11/05/2010. (jts)
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Filing 46
ENDORSED ORDER granting #44 Motion for Extension of Time to File Response/Reply to Plaintiff's Objection to Report and Recommendation by Caterpillar, Inc.. Replies due by 11/12/2010.. Signed by Judge Callie V. S. Granade on 11/05/2010. (jts)
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| Filing 45 MOTION for Extension of Time to Respond to Plaintiff's Objection to Report and Recommendation by Thompson Tractor Company, Inc.. (Bowman, Anna-Katherine) |
| Filing 44 MOTION for Extension of Time to File Response/Reply to Plaintiff's Objection to Report and Recommendation by Caterpillar, Inc.. (Hamilton, William) |
| Filing 43 NOTICE by Converteam, Inc. of Intent to File Response to Plaintiff's Objection to Report and Recommendation (Berdy, Christopher) |
| Filing 42 Objection to #41 REPORT AND RECOMMENDATIONS re #19 MOTION to Remand and/or Abstain, filed by Indemnity Insurance Company of North America, American Home Assurance Company, Great American Insurance Company of New York, Northern Assurance Company of America, Fireman's Fund Insurance Company (Rush, Jeremy) |
| Filing 41 REPORT AND RECOMMENDATION, recommending that #19 MOTION to Remand and/or Abstain filed by indemnity Insurance Company of North America, American Home Assurance Company, Great American Insurance Company of New York, Northern Assurance Company of America, Fireman's Fund Insurance Company, and St. Paul Fire and Marine Insurance Company be DENIED IN ITS ENTIRETY. Objections to R&R due by 10/29/2010. Signed by Magistrate Judge William E. Cassady on 10/15/2010. (mab) |
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Filing 40
Order, STRIKING Joint MOTION to Consolidate Cases as PREMATURE. Signed by Magistrate Judge William E. Cassady on 10/15/2010. (mab)
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| Filing 39 RESPONSE to #38 Response in Opposition to Motion to Remand and/or Abstain filed by American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company. (Rush, Jeremy) |
| Filing 38 RESPONSE in Opposition re #19 MOTION to Remand and/or Abstain (Supplemental Filing) filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A) (Hamilton, William) |
| Filing 37 Memorandum in Opposition re #36 Order, Set Deadlines,, to Defendants' Joint Motion to Consolidate filed by American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company. (Rush, Jeremy) |
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Filing 36
Order, re: 55 Joint MOTION to Consolidate CV-306-CG-C and CV-10-312-CG-C with CV-10-92-CG-C. The plaintiffs in all three cases are ORDERED to show cause why the motion to consolidate for all purposes should not be granted no later than September 3, 2010. Signed by Judge Callie V. S. Granade on 08/20/2010. (Additional attachment(s) added on 8/20/2010: #1 Motion to Consolidate 10-92, #2 Brief in Support 10-92) (mab).
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| Filing 35 REPLY to Response to Motion #19 to Remand and/or Abstain filed by American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rush, Jeremy) |
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Filing 34
ENDORSED ORDER granting #28 Motion to Appear Pro Hac Vice; granting #29 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, adjudged and decreed that counselors Philip S. Brooks, Jr. and Stephen Lynn Williamson, as members in good standing of the Bar of the United States District Court for the Eastern District of Louisiana, who have complied with the rules of this Court, be and are hereby admitted pro hac vice to serve the interests of justice in the above entitled cause. Signed by Magistrate Judge William E. Cassady on 8-3-10. (Cassady, William)
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| Filing 33 RESPONSE in Opposition re #19 MOTION to Remand and/or Abstain filed by Thompson Tractor Company, Inc.. (Bowman, Anna-Katherine) |
| Filing 32 RESPONSE in Opposition re #19 MOTION to Remand and/or Abstain filed by Caterpillar, Inc.. (Hamilton, William) |
| Filing 31 RESPONSE in Opposition re #19 MOTION to Remand and/or Abstain filed by Converteam, Inc.. (Berdy, Christopher) |
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Filing 30
ORDER granting in part and denying in part #27 Motion for Extension of Time to file Rule 26(f) report. Report of parties due within two weeks of notification that matter will not be remanded to the Circuit Court of Mobile County, AL. Signed by Magistrate Judge William E. Cassady on 07/29/2010. (mab)
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| Filing 29 MOTION for Stephen L. Williamson to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-964315, Online Credit Card Payment.) by American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company. (Attachments: #1 Exhibit Application for Admission to Practice, #2 Exhibit Certificate of Good Standing, United States District Court for the Eastern District of Louisiana, #3 Text of Proposed Order) (Rush, Jeremy) |
| Filing 28 MOTION for Philip Schoen Brooks, Jr. to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-964288, Online Credit Card Payment.) by American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company. (Attachments: #1 Exhibit Application for Admission to Practice, #2 Exhibit Certificate of Good Standing, United States District Court for the Eastern District of Louisiana, #3 Text of Proposed Order) (Rush, Jeremy) |
| Filing 27 Joint MOTION for Extension of Time to File Rule 26(f) Report by Caterpillar, Inc.. (Hamilton, William) |
| Filing 26 NOTICE of Appearance by Donald C. Radcliff on behalf of American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company (Radcliff, Donald) |
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Filing 25
Order, Attnys Brooks, Grant & Williamson are to move for pro hac vice admission pursuant to LR 83.5 NLT 8/11/2010, or said counsel will be removed from the docket of this case. Signed by Judge Callie V. S. Granade on 7/21/10. (tot)
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Filing 24
Order. A review of the disclosure statements presented by Plaintiffs St. Paul Fire and Marine Insurance Company, Fireman's Fund Insurance Company, Northern Assurance Company of America, Great American Insurance Company of New York, Indemnity Insurance Company of North America and American Home Assurance Company [Doc. 21], pursuant to Local Rule 3.4, has been completed. That review has not revealed any reason to believe that potential conflicts of interest exist that would require disqualification or recusal in this action.Signed by Magistrate Judge William E. Cassady on 7-19-10. (Cassady, William)
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Filing 23
Order, re: plaintiffs' #19 MOTION to Remand and/or Abstain. Defendants' responses due by 8/2/2010. Plaintiffs' reply due by 8/9/2010. Motion to be taken under submission on 8/10/2010. Signed by Magistrate Judge William E. Cassady on 07/16/2010. (mab)
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| Filing 22 Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement, #21 filed by Indemnity Insurance Company of North America, American Home Assurance Company, Great American Insurance Company of New York, Northern Assurance Company of America, Fireman's Fund Insurance Company, St. Paul Fire and Marine Insurance Company (jts) |
| Filing 21 Corporate Disclosure Statement filed by Plaintiffs American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company, The Travelers Companies, Inc., Allianz Global Risks US Insurance Company, Allianz of America, Inc., Allianz SE, OneBeacon Insurance Group's Pool of Insurance Companies, White Mountains Insurance Group Ltd., Great American Insurance Company, American Financial Group, Inc., INA Holdings Corporation, a Delaware holding company, ACE Limited, Chartis, Inc. f/k/a American International Group, Inc. identifying Other Affiliate Chartis, Inc. f/k/a American International Group, Inc. for American Home Assurance Company; Other Affiliate Allianz Global Risks US Insurance Company, Other Affiliate Allianz of America, Inc., Other Affiliate Allianz SE for Fireman's Fund Insurance Company; Other Affiliate American Financial Group, Inc., Other Affiliate Great American Insurance Company for Great American Insurance Company of New York; Corporate Parent The Travelers Companies, Inc. for St. Paul Fire and Marine Insurance Company; Other Affiliate INA Holdings Corporation, a Delaware holding company, Other Affiliate ACE Limited for Indemnity Insurance Company of North America; Other Affiliate OneBeacon Insurance Group's Pool of Insurance Companies, Other Affiliate White Mountains Insurance Group Ltd. for Northern Assurance Company of America.. (Rush, Jeremy) |
| Filing 20 Memorandum in Support re #19 MOTION to Remand and/or Abstain filed by American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company. (Rush, Jeremy) |
| Filing 19 MOTION to Remand and/or Abstain by American Home Assurance Company, Fireman's Fund Insurance Company, Great American Insurance Company of New York, Indemnity Insurance Company of North America, Northern Assurance Company of America, St. Paul Fire and Marine Insurance Company. (Rush, Jeremy) |
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Filing 18
ORDER on #16 Corporate Disclosure Statement filed by Caterpillar, Inc.. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge William E. Cassady on 6/25/10. (sdb)
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| Filing 17 Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #16 filed by Caterpillar, Inc. (jts) |
| Filing 16 Corporate Disclosure Statement filed by Defendant Caterpillar, Inc.. (Hamilton, William) |
| Filing 15 ANSWER to Complaint with Jury Demand by Caterpillar, Inc.. (Hamilton, William) |
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Filing 14
ORDER on #11 Corporate Disclosure Statement filed by Thompson Tractor Company, Inc.. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge William E. Cassady on 6/24/10. (sdb)
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Filing 13
ORDER on #9 Corporate Disclosure Statement filed by Converteam, Inc.. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge William E. Cassady on 6/24/10. (sdb)
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| Filing 12 Documents endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #9 filed by Converteam, Inc., Corporate Disclosure Statement #11 filed by Thompson Tractor Company, Inc. (jts) |
| Filing 11 Corporate Disclosure Statement filed by Defendant Thompson Tractor Company, Inc.. (Bowman, Anna-Katherine) |
| Filing 10 ANSWER to Complaint by Thompson Tractor Company, Inc.. (Bowman, Anna-Katherine) |
| Filing 9 Corporate Disclosure Statement filed by Defendant Converteam, Inc.. (Berdy, Christopher) |
| Filing 8 NOTICE of Appearance by Anna-Katherine Graves Bowman on behalf of Thompson Tractor Company, Inc. (Bowman, Anna-Katherine) |
| Filing 7 NOTICE of Filing Exhibits by Caterpillar, Inc. re: #4 Notice of Removal, (Hamilton, William) |
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Filing 6
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 8/2/2010. Signed by Magistrate Judge William E. Cassady on 06/18/2010. (Attachment: #1 consent form) (mab)
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| Filing 5 Local Rule 3.4 and blank disclosure statement form e-mailed to Defendants Caterpillar, Inc., Converteam, Inc., Thompson Tractor Company, Inc., Plaintiff St. Paul Fire and Marine Insurance Company; Disclosure Statements Due 6/25/2010. (mab) |
| Filing 4 NOTICE OF REMOVAL by Caterpillar, Inc. from Circuit Court Of Mobile County, AL, case number CV-10-901057. ( Filing fee $ 350, Receipt number 1128-945259, Online Credit Card Payment.), filed by Caterpillar, Inc.. (Attachments: #1 Exhibit Circuit Court Case File) (Hamilton, William) |
| Filing 3 Joinder in NOTICE OF REMOVAL by Thompson Tractor Company, Inc. (), filed by Thompson Tractor Company, Inc.. (Shaw, James) |
| Filing 2 ANSWER to Complaint with Jury Demand by Converteam, Inc.. (Berdy, Christopher) |
| Filing 1 NOTICE OF REMOVAL by Converteam, Inc. from Circuit Court of Mobile County, Alabama, case number 10-901057. ( Filing fee $ 350, Receipt number 1128-944965, Online Credit Card Payment.), filed by Converteam, Inc.. (Attachments: #1 Exhibit Ex A - Supporting Documents) (Berdy, Christopher) (Additional attachment(s) added on 6/21/2010: #2 cover sheet) (mab). |
| Answer due from Caterpillar, Inc. and Thompson Tractor Company, Inc. by 6/25/2010 pursuant to F.R.Cv.P. 81(c)(2)(C). (mab) |
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