TAS Distributing Company Inc v. Cummins Inc
Plaintiff: TAS Distributing Company Inc
Defendant: Cummins Inc
Case Number: 1:2007cv01141
Filed: May 31, 2007
Court: US District Court for the Central District of Illinois
Office: Peoria Office
County: Peoria
Presiding Judge: Byron G. Cudmore
Presiding Judge: Joe Billy McDade
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 18, 2013 Opinion or Order Filing 357 ORDER & OPINION Entered by Judge Joe Billy McDade on 1/18/13: IT IS THEREFORE ORDERED that Defendant's Renewed Motion for Summary Judgment 305 is DENIED and Plaintiff's Motion to Strike 306 is DENIED. (See written order) (TK, ilcd)
November 1, 2011 Opinion or Order Filing 301 OPINION AND ORDER denying 290 Motion for Clarification of 5/5/2010 Order; denying 292 Motion for Reconsideration of the Court's 4/19/2010 Order; and denying 294 Motion for Certification of Question for Interlocutory Appeal and Motion to Stay Pending Appeal. See written Order attached. Entered by Judge Joe Billy McDade on 11/1/2011. (RK, ilcd)
October 28, 2011 Opinion or Order Filing 300 OPINION AND ORDER denying 219 Defendant, Cummins, Inc. MOTION for Summary Judgment As To Count III Of Fifth Amended Complaint filed by Cummins Inc. Entered by Judge Joe Billy McDade on 10/28/2011. (RK, ilcd)
September 1, 2011 Opinion or Order Filing 287 OPINION AND ORDER granting 279 Motion for Clarification. Court sets an in person hearing for 10/17/2011 at 10:00 AM in Courtroom D in Peoria before Judge Joe Billy McDade. See attached written Order. Entered by Judge Joe Billy McDade on 9/1/2011. (RK, ilcd)
January 10, 2011 Opinion or Order Filing 280 AMENDED ORDER & OPINION entered by Judge Joe Billy McDade on 1/10/2011. For the reasons set out in the Order, the Court GRANTS 258 MOTION for Partial Summary Judgment (and Memorandum) as to Count II and DENIES 261 Cross MOTION for Partial Summary Judgment On Count II of Fifth Amended Complaint. TAS is awarded $1,328,000.00 plus $376,568.00 in prejudgment interest, for a total of $1,704,568.00 on Count II of the Fifth Amended Complaint 205 . The Clerk of Court is DIRECTED to withhold the entry of judgment in this matter until so directed by the Court. (RK, ilcd)
December 15, 2010 Opinion or Order Filing 272 OPINION AND ORDER granting 258 Plaintiff's Motion for Partial Summary Judgment and denying 261 Defendant's Motion for Partial Summary Judgment. TAS is awarded $1,325,800, plus prejudgment interest to be calculated by the parties, on Count II of the Fifth Amended Complaint 205 . The Clerk of the Court is DIRECTED to withhold the entry of judgment in this matter until so directed by the Court. Entered by Judge Joe Billy McDade on 12/15/2010. (RK, ilcd)
May 5, 2010 Opinion or Order Filing 253 ORDER Entered by Judge Joe Billy McDade on 5/5/10. 211 Motion for Summary Judgment is DENIED and 221 Motion for Summary Judgment is GRANTED IN PART AND TAKEN UNDER ADVISEMENT IN PART. (SM, ilcd)
April 9, 2010 Opinion or Order Filing 251 OPINION and ORDER Entered by Judge Joe Billy McDade on 4/9/2010. Before the Court are the Motion for Reconsideration filed by Defendant, Cummings, Inc., on December 7, 2009 (Doc.214) and the Motion for Leave to File Reply filed by Defendant on Decemb er 11, 2009 (Doc.218). Both Motions are DENIED. In order to move these proceedings along, Cummins is GRANTED leave to file its Fifth Answer and counterclaims within seven (7) days (ddl 4/20/2010) of the date of this Order. NO EXTENSIONS WILL BE GRANTED. (RP, ilcd)
February 19, 2010 Opinion or Order Filing 246 ORDER: Due to pending motions for summary judgment, the FPT Conf is reset to 4/15/2010 at 10:30 am (parties to meet with law clerk at 9:00am). Jury Trial date is VACATED and will be reset at the FPT Conf. Final Pretrial Order due by 4/12/2010. Motions in Limine due 14 days prior to trial. Parties to be prepared to discuss scheduling of hearings on any Daubert Motions, in addition to the trial date, at the FPT Conf. Entered by Judge Joe Billy McDade on 2/19/2010. (HK, ilcd)
December 10, 2009 Opinion or Order Filing 217 ORDER entered by Judge Joe Billy McDade on 12/10/09. Cummins' motion for leave to file an oversized reply brief (doc. 186) is GRANTED. Cummins' motion for partial summary judgment on Count II (doc. 177) is GRANTED in part and DENIED in part . The motion is granted in that the Court has interpreted Section 6(c) of the License Agreement, which was the primary subject of the motion. However, the Court has determined that the amount of the Section 6(c) credit cannot be calculated at this ti me, in light of disputes of fact concerning the amount of actual royalties generated by Cummins' sales of products incorporating TAS technology during the relevant time period. Further, the Court rejects Cummins' contention that TAS' claim in Count II is moot.. (RK, ilcd)
November 2, 2009 Opinion or Order Filing 203 SUA SPONTE ORDER OF CLARIFICATION entered by Judge Joe Billy McDade on 11/2/09. Status Conference set for 11/5/2009 03:00 PM in Courtroom D in Peoria before Judge Joe Billy McDade. See written Order attached. (RK, ilcd)
October 27, 2009 Opinion or Order Filing 202 ORDER/OPINION by Magistrate Judge John A. Gorman: 157 MOTION to Strike is DENIED. See written order. Entered on 10/27/09. (WW, ilcd)
October 7, 2009 Opinion or Order Filing 194 CORRECTED ORDER by Magistrate Judge John A. Gorman denying in its entirety #190 Motion for Protective Order. See written order attached. Entered on 10/7/09. (WW, ilcd)
March 31, 2009 Opinion or Order Filing 146 ORDER denying 36 Motion for Summary Judgment; denying 54 Motion for Summary Judgment. Entered by Judge Joe Billy McDade on 3/31/09. (JBM3, ilcd)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System

Search for this case: TAS Distributing Company Inc v. Cummins Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: TAS Distributing Company Inc
Represented By: Daniel J Voelker
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cummins Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?