Iron Workers Mid-South Pension Fund v. Oberhelman et al
| The Ellen J. Stokar IRA, Iron Workers Mid-South Pension Fund, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc. and City of Sterling Heights General Employees' Retirement System |
| Eugene V. Fife, Issek FUCHS, David R. Goode, Jesse J. Greene, Jr., Charles D. Powell, Peter A. Magowan, Daniel M. Dickinson, Caterpillar Inc, Susan C. Schwab, Miles D. White, Edward B. Rust, Jr., David L. Calhoun, Juan Gallardo, William A. Osborn, Douglas R. Oberhelman, Dennis A. Muilenburg, Joshua I. Smith, Edward J. Rapp and Jon M. Huntsman, Jr. |
| Robert LOWINGER |
| 1:2013cv01104 |
| March 6, 2013 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Peoria |
| Sara Darrow |
| Jonathan E Hawley |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2016. A more recent docket listing may be available from PACER.
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| Filing 100 JUDGMENT entered 9/30/2016. (LN, ilcd) |
Filing 99
ORDER entered by Judge Sara Darrow on September 29, 2016. Plaintiffs' Motion for Leave to File Under Seal, ECF No. 92, is DENIED. Plaintiffs' Motion to Strike, ECF No. 95, is DENIED. Defendant's Motion to Dismiss, ECF No. 90, is GRANTED, and Plaintiffs' Amended Consolidated Complaint, ECF No. 87, is dismissed with prejudice. The Clerk is directed to enter judgment and close the case. (RS1, ilcd)
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| Filing 98 RESPONSE to Motion re #95 MOTION to Strike Plaintiffs' Motion to Strike (1) Defendants' Exhibits A, G And I, And (2) Addition Purported Facts Nots Alleged In The Complaint filed by Defendants David L. Calhoun, Caterpillar Inc, Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (Carlson, Walter) |
| Filing 97 REPLY to Response to Motion re #90 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants David L. Calhoun, Caterpillar Inc, Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (Carlson, Walter) |
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TEXT ORDER entered by Judge Sara Darrow on February 15, 2016. The Court GRANTS Defendants' #96 agreed motion for an extension of time to respond to Plaintiffs' #95 motion to strike. Defendants have until March 2, 2016, to respond to that motion. (JP, ilcd)
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| Filing 96 Joint MOTION for Extension of Time to File Response/Reply as to #95 MOTION to Strike Plaintiffs' Motion to Strike (1) Defendants' Exhibits A, G And I, And (2) Addition Purported Facts Nots Alleged In The Complaint by Defendants David L. Calhoun, Caterpillar Inc, Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. Responses due by 2/29/2016 (Umar, Nilofer) |
| Filing 95 MOTION to Strike Plaintiffs' Motion to Strike (1) Defendants' Exhibits A, G And I, And (2) Addition Purported Facts Nots Alleged In The Complaint by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 2/19/2016 (Goodman, Benny) |
| Filing 94 MEMORANDUM in Opposition re #90 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Redacted Version] filed by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Goodman, Benny) |
| Filing 93 +++ SEALED DOCUMENT.. (Goodman, Benny) |
| Filing 92 MOTION for Leave to File Document Under Seal Motion for Leave to File Plaintiffs' Opposition to Defendants' Motion to Dismiss the Amended Consolidated Complaint Under Seal by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 2/19/2016 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Goodman, Benny) |
| Filing 91 MEMORANDUM in Support re #90 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants David L. Calhoun, Caterpillar Inc, Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Carlson, Walter) |
| Filing 90 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants David L. Calhoun, Caterpillar Inc, Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. Responses due by 1/8/2016 (Carlson, Walter) |
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TEXT ORDER entered by Judge Sara Darrow on December 21, 2015. The parties have jointly moved, #89 , to file oversized briefing in connection with a motion to dismiss the recently-filed amended complaint. Given the complexity and breadth of the issues presented by this case, the Court GRANTS the motion. The argument sections of Defendants' memorandum of law and Plaintiffs' response shall not exceed 30 pages. Any reply shall not exceed 10 pages. (JP, ilcd)
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| Filing 89 Joint MOTION for Leave to File Excess Pages in Briefing Related to Motion to Dismiss the Amended Consolidated Complaint by Defendants David L. Calhoun, Caterpillar Inc, Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White, Interested Parties Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 1/7/2016 (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Excess Pages)(Umar, Nilofer) |
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TEXT ORDER granting #86 the Plaintiffs' Motion for Leave to File Amended Consolidated Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, and Aiding and Abetting Under Seal. Entered by Magistrate Judge Jonathan E. Hawley on 11/13/2015. (KZ, ilcd)
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| Filing 88 REDACTION Amended Consolidated Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, and Aiding and Abetting by City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goodman, Benny) |
| Filing 87 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goodman, Benny) |
| Filing 86 MOTION to Seal Motion for Leave to File Amended Consolidated Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, and Aiding and Abetting Under Seal by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 11/30/2015 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Goodman, Benny) |
| Set/Reset Deadlines pursuant to Text Order entered 10/7/2015: Plaintiffs amended consolidated complaint due by 11/12/2015. (KM, ilcd) |
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TEXT ORDER entered by Judge Sara Darrow on October 7, 2015. In its September 29, 2015 Order, the Court set deadlines for Plaintiffs to file an amended complaint and for Defendants to answer or file a motion directed at an amended pleading. The parties have filed a joint motion #85 proposing to extend those deadlines and others associated with them. Given the complexity of the case, the Court GRANTS the motion, and sets the following deadlines: Plaintiffs must file an amended consolidated complaint by November 12, 2015; Defendants must answer or file any motions directed at that amended complaint by December 22, 2015; if Defendants file a motion directed at the amended consolidated complaint, Plaintiffs must respond by February 1, 2016; and Defendants must reply to Plaintiffs' response by March 2, 2016. (JP, ilcd)
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| Filing 85 Joint MOTION for Order Joint Motion to Establish a Briefing Schedule by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 10/23/2015 (Attachments: #1 Text of Proposed Order)(Goodman, Benny) |
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TEXT ORDER clarifying the docket text of #84 Order entered 9/28/15. Amended Pleadings ddl created by order is 10/12/2015, not 10/21/15 as put in the docket text when filing the Order. Entered by Judge Sara Darrow on 9/29/15. (WG, ilcd)
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Filing 84
ORDER entered by Judge Sara Darrow on September 28, 2015, GRANTING Defendants' #65 motion to dismiss and DENYING Plaintiffs' #76 motion for oral argument. The dismissal is without prejudice; Plaintiffs have until October 21, 2015, to file an amended consolidated complaint. (JP, ilcd)
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| Filing 83 STRICKEN- REPLY to Motion #73 MOTION to Consolidate Cases filed by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc. (LN, ilcd) Modified on 9/22/2015 (LN, ilcd). |
| Filing 82 Consolidated Plaintiff's Reply in Support of Motion to Consolidate. (ED, ilcd) |
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TEXT ORDER - Entered by Judge Sara Darrow on 9/22/2015. Document #83 is stricken as duplicative. (LN, ilcd)
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Filing 81
ORDER entered by Judge Sara Darrow on September 21, 2015, DENYING #73 motion to consolidate cases; GRANTING #77 motion for leave to file reply; and DENYING #78 motion for leave to file sur-reply. The Clerks is directed to file the reply, #77 -1 on the docket. (JP, ilcd)
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TEXT ORDER entered by Judge Sara Darrow on August 4, 2015, GRANTING Plaintiffs' #67 Motion for Leave to File Document Under Seal and Plaintiffs' #70 Motion for Leave to File Document Under Seal. (HR, ilcd)
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| Filing 80 NOTICE of Appearance of Attorney by Jeffrey Simon Abraham on behalf of Robert LOWINGER (Abraham, Jeffrey) |
| Filing 79 RESPONSE to Motion re #78 First MOTION for Leave to File Sur-Reply in Opposition to the Motion to Consolidate - Consolidated Plaintiffs' Opposition to Motion for Leave to File a Sur-Reply in Opposition to the Montion to Consolidate filed by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Goodman, Benny) |
| Filing 78 First MOTION for Leave to File Sur-Reply in Opposition to the Motion to Consolidate by Defendant Issek FUCHS, Interested Party Robert LOWINGER. Responses due by 5/18/2015 (Attachments: #1 Exhibit Proposed Sur-Reply in Opposition to the Motion to Consolidate)(Singer, John) |
| Filing 77 MOTION for Leave to File Motion for Leave to File a Reply in Support of Motion to Consolidate by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 4/27/2015 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Goodman, Benny) |
| Filing 76 MOTION for Hearing re #65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion for Oral Argument by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 4/27/2015 (Attachments: #1 Text of Proposed Order)(Goodman, Benny) |
| Filing 75 REPLY to Response to Motion re #65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (Carlson, Walter) |
| Filing 74 MEMORANDUM in Opposition re #73 MOTION to Consolidate Cases filed by Interested Party Robert LOWINGER, Defendant Issek FUCHS. (Attachments: #1 Supplement declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Malvik, John) |
| Filing 73 MOTION to Consolidate Cases by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 4/6/2015 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Goodman, Benny) |
| Filing 72 REDACTION Corrected Opposition to Defendants' Motion to Dismiss the Consolidated Complaint by City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Goodman, Benny) |
| Filing 71 +++ SEALED DOCUMENT.. (Goodman, Benny) |
| Filing 70 MOTION for Leave to File Document Under Seal Corrected Opposition to Defendants' Motion to Dismiss the Consolidated Complaint by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 3/30/2015 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Goodman, Benny) |
| Filing 69 REDACTION Opposition to Defendants' Motion to Dismiss by City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Goodman, Benny) |
| Filing 68 +++ SEALED DOCUMENT.. (Goodman, Benny) |
| Filing 67 MOTION for Leave to File Document Under Seal Opposition to Defendants' Motion to Dismiss by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 3/30/2015 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Goodman, Benny) |
| Filing 66 MEMORANDUM in Support re #65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Carlson, Walter) |
| Filing 65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. Responses due by 2/26/2015 (Carlson, Walter) |
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TEXT ORDER granting #59 Plaintiffs' Motion for Leave to File Consolidated Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, Unjust Enrichment and Aiding and Abetting Under Seal. Having reviewed the Plaintiffs' Motion, and because no response in opposition has been filed, the Court presumes there is no opposition to the Motion pursuant to Local Rule 7.1(B)(2). The Plaintiffs are therefore permitted to file the Consolidated Complaint identified in their Motion #59 under seal. Entered by Magistrate Judge Jonathan E. Hawley on 1/27/2015. (KZ, ilcd)
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| Filing 64 NOTICE of Appearance of Attorney by Erik William Luedeke on behalf of City of Sterling Heights General Employees' Retirement System (Luedeke, Erik) |
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TEXT ORDER entered by Judge Sara Darrow on January 14, 2015. The parties' #63 Joint Motion for Leave to File Excess Pages and Set Briefing Schedule for Motion to Dismiss the Consolidated Complaint is GRANTED. The Court grants Defendants leave to file a memorandum of law in support of their Motion to Dismiss the Consolidated Complaint containing arguments not to exceed 30 double-spaced pages in length, and Plaintiffs leave to file a response to the Defendants' Motion to Dismiss containing arguments not to exceed 30 double-spaced pages in length. The Court also grants Defendants leave to file a reply containing arguments not to exceed 10 double-spaced pages in length. Defendants shall file their Motion to Dismiss no later than February 9, 2015; Plaintiffs shall file their response to Defendants' Motion to Dismiss no later than March 11, 2015; and Defendants shall file their reply to the Plaintiffs' response no later than April 1, 2015. (BRP, ilcd)
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| Set/Reset Deadlines/Hearings: Motions due by 2/9/2015. Responses due by 3/11/2015. Replies due by 4/1/2015. (ED, ilcd) |
| Filing 63 Joint MOTION for Leave to File Excess Pages and Set Briefing Schedule for Motion to Dismiss the Consolidated Complaint by Defendants David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White, Interested Parties Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc., Intervenor The Ellen J. Stokar IRA. Responses due by 1/30/2015 (Umar, Nilofer) |
| Filing 62 NOTICE of Proposed Order re #59 MOTION for Leave to File Document Under Seal Consolidated Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, Unjust Enrichment and Aiding and Abetting (Goodman, Benny) |
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TEXT ORDER: In the Motion for Leave to File Consolidated Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, Unjust Enrichment and Aiding and Abetting Under Seal, the Plaintiffs request that the Court enter the [Proposed] Order filed concurrently with the Motion allowing the Plaintiffs to file their Consolidated Complaint under seal. The Court notes that the [Proposed] Order filed concurrently with the Motion is entitled [Proposed] Order Appointing Lead Counsel. Thus, it appears that the wrong proposed order was inadvertently filed. The Plaintiffs are therefore directed to file the correct proposed order regarding the filing of their consolidated complaint under seal by 1/16/2015. Entered by Magistrate Judge Jonathan E. Hawley on 1/12/2015. (KZ, ilcd)
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| Filing 61 REDACTION Consolidated Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, Unjust Enrichment and Aiding and Abetting by City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Goodman, Benny) |
| Filing 60 +++ SEALED DOCUMENT.. (Goodman, Benny) |
| Filing 59 MOTION for Leave to File Document Under Seal Consolidated Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, Unjust Enrichment and Aiding and Abetting by Plaintiffs City of Sterling Heights General Employees' Retirement System, Iron Workers Mid-South Pension Fund, The Ellen J. Stokar IRA, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 1/26/2015 (Attachments: #1 Exhibit Confidentiality Agreement, #2 Text of Proposed Order)(Goodman, Benny) |
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TEXT ORDER entered by Judge Sara Darrow on November 21, 2014. In light of the Court's #41 Order deferring the establishment of a case schedule until appointment of lead counsel and the Court's subsequent #58 Order appointing lead counsel, the Court now ORDERS Plaintiffs to file a consolidated complaint no later than January 9, 2015. Defendants shall have 30 days from service of the consolidated complaint to answer, move, or otherwise plead. Defendants have no obligation to answer or otherwise plead with respect to any complaint currently pending. (BRP, ilcd)
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Filing 58
ORDER entered by Judge Sara Darrow on November 7, 2014. Plaintiff Sterling Heights' #56 Motion for Hearing is DENIED. Plaintiffs Iron Workers and Wolin's #48 Motion to Appoint counsel and Plaintiff Sterling Heights' #49 joinder in that motion are MOOT because the Court adopts these plaintiffs' initial proposal. (SC, ilcd)
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| Filing 57 RESPONSE to Motion re #56 MOTION for Hearing filed by Plaintiff The Ellen J. Stokar IRA. (Bishop, Patrice) |
| Filing 56 MOTION for Hearing by Plaintiff City of Sterling Heights General Employees' Retirement System. Responses due by 10/20/2014 (Stephens, G) |
| Filing 55 MEMORANDUM Declaration of Deborah M. Gross in Support of Joint Response re #52 Response to Motion, by Iron Workers Mid-South Pension Fund, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Miller, Marvin) |
| Filing 54 MEMORANDUM in Opposition re #49 MOTION Joinder in Plaintiffs Iron Workers Mid-South Pension Fund and Michael Wolin's Motion to Appoint Law Offices Bernard M. Gross P.C. and Robbins Arroyo as Co-Lead Counsel filed by Plaintiff The Ellen J. Stokar IRA. (Mulder, Michael) |
| Filing 53 NOTICE of Defendants' Statement re #48 MOTION To Appoint Law Offices Bernard M. Gross P.C. and Robbins Arroyo as Co-Lead Counsel and Memorandum in Support Thereof (Ducayet, James) |
| Filing 52 RESPONSE to Motion re #43 PETITION Set Briefing Schedule on Renewed Motions for Appointment of Lead Counsel filed by Plaintiffs Iron Workers Mid-South Pension Fund, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Miller, Marvin) |
| Filing 51 AFFIDAVIT re #50 Memorandum in Support of Renewed Motion for Appointment of Lead and Liaison Counsel by The Ellen J. Stokar IRA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mulder, Michael) |
| Filing 50 MEMORANDUM in Support of Renewed Motion for Appointment of Lead and Liaison Counsel by The Ellen J. Stokar IRA. (Mulder, Michael) |
| Filing 49 MOTION Joinder in Plaintiffs Iron Workers Mid-South Pension Fund and Michael Wolin's Motion to Appoint Law Offices Bernard M. Gross P.C. and Robbins Arroyo as Co-Lead Counsel by Plaintiff City of Sterling Heights General Employees' Retirement System. Responses due by 6/2/2014 (Goodman, Benny) Modified on 5/29/2014 to reflect the response is due by 6/2/2014 as stated in Text Order entered 5/5/2014. (KB, ilcd). (KB, ilcd). |
| Filing 48 MOTION To Appoint Law Offices Bernard M. Gross P.C. and Robbins Arroyo as Co-Lead Counsel and Memorandum in Support Thereof by Plaintiffs Iron Workers Mid-South Pension Fund, Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 6/2/2014 (Miller, Marvin) Modified on 5/29/2014 to reflect the response is due by 6/2/2014 as stated in Text Order entered 5/5/2014. (KB, ilcd). |
| Filing 47 NOTICE of Appearance of Attorney by Patrice Lyn Bishop on behalf of The Ellen J. Stokar IRA (Bishop, Patrice) |
| Filing 46 Designation of Lead Counsel by John P Heil, Jr on behalf of All Defendants. (Heil, John) |
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TEXT ORDER entered by Judge Sara Darrow on May 5, 2014. In light of Plaintiffs' reported failure to all agree upon one or two law firms to serve as lead counsel in these consolidated cases, Plaintiff Ellen J. Stokar IRA's #43 Motion to Set Briefing Schedule on Renewed Motions for Appointment of Lead Counsel is GRANTED. Plaintiffs may, until May 19, 2014, file memoranda which propose and support an organization for Plaintiffs' counsel. The proposed structure should include no more than two co-lead counsel and address the concerns raised by the Court in its #41 Order of March 31, 2014. Each Plaintiff may submit a single Response memorandum addressing the other Plaintiffs' proposals by June 2, 2014. Both initial and Response memoranda must comport with Local Rule 7.1(B). If the Court determines that a hearing on this matter is appropriate, it will be scheduled following the Response deadline. (JD, ilcd)
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TEXT ORDER cancelling the Motion Hearing set in re #43 PETITION Set Briefing Schedule on Renewed Motions for Appointment of Lead Counsel set for 5/9/2014 at 11:00 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Motion #43 will be handled by the district judge presiding on the case. Entered by Magistrate Judge Jonathan E. Hawley on 4/22/14. (WW, ilcd)
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TEXT ORDER Setting Motion Hearing in re #43 PETITION Set Briefing Schedule on Renewed Motions for Appointment of Lead Counsel. Motion Hearing set for 5/9/2014 at 11:00 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered by Magistrate Judge Jonathan E. Hawley on 4/16/14. (WW, ilcd)
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| Filing 45 AFFIDAVIT re #44 Notice (Other) in Support of Notice of Agreement by City of Sterling Heights General Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stephens, G) |
| Filing 44 NOTICE of Agreement (Stephens, G) |
| Filing 43 PETITION Set Briefing Schedule on Renewed Motions for Appointment of Lead Counsel by Plaintiff The Ellen J. Stokar IRA. Responses due by 5/1/2014 (Mulder, Michael) |
| Filing 42 NOTICE of Appearance of Attorney by G Douglas Stephens on behalf of City of Sterling Heights General Employees' Retirement System (Stephens, G) |
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Filing 41
ORDER entered by Judge Sara Darrow on March 31, 2014. Stokar IRA's #30 Motion to Stay Consolidation of Related Actions Pending Proof of This Court's Jurisdiction Over Certain of the Related Actions, Withdrawal of Intervention, and for Appointment of Lead Counsel is GRANTED IN PART and DENIED IN PART. Stokar IRA's request for a stay is DENIED and its request to withdraw intervention is GRANTED; Stokar IRA's requests to consolidate only with Wolin's action and for appointment of its counsel as lead and liaison counsel are DENIED. Stokar IRA's #35 Motion for Leave to File a Reply in Support of its Motion to Stay Consolidation is GRANTED. Stokar IRA's #18 Motion to Intervene and Stay Proceedings and #25 Motion for Leave to File a Reply in Support of Intervenor's Motion to Intervene and Stay Proceedings are MOOT. Iron Workers', Sterling Heights' and Wolin's joint #29 Motion to Consolidate Related Actions, Appoint Lead Counsel, and Set Briefing Schedule is GRANTED IN PART and DENIED IN PART. The following actions are consolidated: No. 13-1104, No. 13-1141, No. 13-1344, and No. 13-1509. By April 14, 2014, the parties are to notify the Court of any agreement upon, at most, two law firms to serve as co-lead counsel subject to the Court's authorization. The Court DEFERS entering a case scheduling order, including deadline for filing a consolidated complaint, until lead counsel has been appointed. (JD, ilcd)
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| Filing 40 NOTICE of Filing re #39 Amended Complaint (Seely, Kevin) |
| Filing 39 AMENDED COMPLAINT Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, and Unjust Enrichment against All Defendants, filed by Iron Workers Mid-South Pension Fund.(Seely, Kevin) |
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TEXT ORDER entered by Judge Sara Darrow on March 17, 2014. Plaintiff indicates in its #29 Unopposed Motion to Consolidate Related Actions, Appoint Lead Counsel, and Set Briefing Schedule, that #29 supersedes Plaintiff's previously filed #13 Agreed Motion to Consolidate Related Actions and For Entry of a Case Scheduling Order, and #14 Unopposed Motion to Appoint Lead Counsel. Accordingly, #13 and #14 have been superseded by #29 and are MOOT. (JD, ilcd)
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Filing 38
ORDER entered by Judge Sara Darrow on March 11, 2014. The Ellen J. Stokar IRA's #35 Motion for Leave to File A Reply In Support of Its Motion to Stay Consolidation is GRANTED. The #1 Complaint does not adequately allege diversity jurisdiction. The Court orders Plaintiff to file by March 25, 2014, an Amended Complaint that includes factual allegations, assuming they exist, that address the inadequacies described herein. Otherwise, the Court will dismiss Plaintiff's case for lack of subject matter jurisdiction. (JD, ilcd)
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TEXT ORDER: Pursuant to instructions from Chief Judge James E. Shadid, the assignment of this case to Magistrate Judge John A. Gorman is withdrawn due to his retirement. This case is hereby reassigned to Magistrate Judge Jonathan E. Hawley. Entered by Chief Judge James E. Shadid on 3/7/2014. (MC, ilcd)
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| Filing 37 MEMORANDUM in Opposition re #35 MOTION for Leave to File A Reply In Support of Its Motion To Stay Consolidation Of Related Actions Pending Proof Of This Court's Jurisdiction Over Certain Of The Related Actions Motion To Withdraw Of Intervention And For Appointment Of Lead Co filed by Plaintiff Iron Workers Mid-South Pension Fund. (Seely, Kevin) |
| Filing 36 NOTICE of Appearance of Attorney by Deborah R Gross on behalf of Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc. (Gross, Deborah) |
| Filing 35 MOTION for Leave to File A Reply In Support of Its Motion To Stay Consolidation Of Related Actions Pending Proof Of This Court's Jurisdiction Over Certain Of The Related Actions Motion To Withdraw Of Intervention And For Appointment Of Lead Counsel by Interested Party The Ellen J. Stokar IRA. Responses due by 12/6/2013 (Attachments: #1 Exhibit 1)(Mulder, Michael) |
| Filing 34 MEMORANDUM in Opposition re #30 MOTION to Stay Consolidation of Related Actions Pending Proof of this Court's Jurisdiction Over Certain of the Related Actions MOTION to Withdraw of Intervention and For Appointment of Lead Counsel filed by Plaintiff Iron Workers Mid-South Pension Fund. (Seely, Kevin) |
| Filing 33 AFFIDAVIT in Support re #30 MOTION to Stay Consolidation of Related Actions Pending Proof of this Court's Jurisdiction Over Certain of the Related Actions MOTION to Withdraw of Intervention and For Appointment of Lead Counsel filed by Interested Party The Ellen J. Stokar IRA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mulder, Michael) |
| Filing 32 CERTIFICATE of Compliance with Local Rule 7.1. (Mulder, Michael) |
| Filing 31 MEMORANDUM in Support re #30 MOTION to Stay Consolidation of Related Actions Pending Proof of this Court's Jurisdiction Over Certain of the Related Actions MOTION to Withdraw of Intervention and For Appointment of Lead Counsel filed by Interested Party The Ellen J. Stokar IRA. (Mulder, Michael) |
| Filing 30 MOTION to Stay Consolidation of Related Actions Pending Proof of this Court's Jurisdiction Over Certain of the Related Actions, MOTION to Withdraw of Intervention and For Appointment of Lead Counsel by Interested Party The Ellen J. Stokar IRA. Responses due by 11/18/2013 (Attachments: #1 Text of Proposed Order Proposed Order)(Mulder, Michael) |
| Filing 29 Joint MOTION to Consolidate Cases , Appoint Lead Counsel and Set Briefing Schedule by Plaintiff Iron Workers Mid-South Pension Fund. Responses due by 11/1/2013 (Attachments: #1 Text of Proposed Order)(Miller, Marvin) |
| Filing 28 MEMORANDUM DECLARATION OF TIMOTHY J. BURKE IN FURTHER SUPPORT OF THE MOTION BY THE ELLEN J. STOKAR IRA FOR INTERVENTION AND TO STAY PROCEEDINGS re #18 MOTION to Intervene and Stay Proceedings by The Ellen J. Stokar IRA. (Attachments: #1 Exhibit 1, #2 Exhibit Certificate of Service)(Burke, Timothy) |
| Filing 27 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (Carlson, Walter) |
| Filing 26 MEMORANDUM in Opposition re #25 MOTION for Leave to File a Reply in Support of Intervenor's Motion to Intervene and Stay Proceedings filed by Plaintiff Iron Workers Mid-South Pension Fund. (Seely, Kevin) |
| Filing 25 MOTION for Leave to File a Reply in Support of Intervenor's Motion to Intervene and Stay Proceedings by Intervenor The Ellen J. Stokar IRA. Responses due by 7/26/2013 (Attachments: #1 Text of Proposed Order)(Mulder, Michael) |
| Filing 24 AFFIDAVIT re #23 Memorandum in Opposition to Motion/Petition Declaration of Kevin A. Seely in Support of Plaintiff's Memorandum of Law in Opposition to Motion to Intervene and Stay Proceedings by Iron Workers Mid-South Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Seely, Kevin) |
| Filing 23 MEMORANDUM in Opposition re #18 MOTION to Intervene and Stay Proceedings filed by Plaintiff Iron Workers Mid-South Pension Fund. (Seely, Kevin) |
| Filing 22 RESPONSE to Motion re #18 MOTION to Intervene and Stay Proceedings, #19 MOTION to Intervene Memorandum of Law in Support of Motion to Intervene and to Stay Proceedings filed by Defendants David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (Heil, John) |
| Filing 21 NOTICE of Appearance of Attorney by Timothy Joseph Burke on behalf of The Ellen J. Stokar IRA (Burke, Timothy) |
| Filing 20 NOTICE of Appearance of Attorney by Michael M Mulder on behalf of The Ellen J. Stokar IRA (Mulder, Michael) |
| Filing 19 Memorandum of Law in Support of Motion to Intervene and to Stay Proceedings [#18] by Intervenor The Ellen J. Stokar IRA. (Attachments: #1 Certificate of Service)(Mulder, Michael) Modified on 6/4/2013 to reflect this is a memsup and not a motion as was originally docketed. (WW, ilcd). |
| Filing 18 MOTION to Intervene and Stay Proceedings by Intervenor The Ellen J. Stokar IRA. Responses due by 6/21/2013 (Attachments: #1 Declaration of Howard T. Longman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Text of Proposed Order, #13 Certificate of Service)(Mulder, Michael) |
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TEXT ORDER: Documents recently filed in this case exceeds 30 pages. The parties are reminded that if a document with attachments and exhibits is longer than 30 pages, a courtesy paper copy must be provided to the presiding judge's chambers. Local Rule CDIL 5.8. Entered by Magistrate Judge John A. Gorman on 6/3/13. (WW, ilcd)
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| Filing 17 AFFIDAVIT re #14 MOTION To Appoint Lead Counsel CORRECTED by Iron Workers Mid-South Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Goodman, Benny) |
| Filing 16 AFFIDAVIT re #14 MOTION To Appoint Lead Counsel PART ONE by Iron Workers Mid-South Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Goodman, Benny) |
| Filing 15 AFFIDAVIT re #14 MOTION To Appoint Lead Counsel by Iron Workers Mid-South Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Goodman, Benny) |
| Filing 14 MOTION To Appoint Lead Counsel by Plaintiff Iron Workers Mid-South Pension Fund. Responses due by 6/3/2013 (Attachments: #1 Text of Proposed Order Proposed Order)(Goodman, Benny) |
| Filing 13 MOTION to Consolidate Cases Agreed Motion to Consolidate Related Actions and For Entry of a Case Scheduling Order by Plaintiff Iron Workers Mid-South Pension Fund. Responses due by 6/3/2013 (Attachments: #1 Text of Proposed Order Proposed Order)(Goodman, Benny) |
| Filing 12 NOTICE of Appearance of Attorney by Timothy L Bertschy on behalf of All Defendants (Bertschy, Timothy) |
| Filing 11 NOTICE of Appearance of Attorney by John P Heil, Jr on behalf of All Defendants (Heil, John) |
| Filing 10 NOTICE of Appearance of Attorney by Walter C Carlson on behalf of David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White (Carlson, Walter) |
| Filing 9 NOTICE of Appearance of Attorney by James Wallace Ducayet on behalf of David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White (Ducayet, James) |
| Filing 8 NOTICE of Appearance of Attorney by Nilofer Ibrahim Umar on behalf of David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White (Umar, Nilofer) |
| Filing 7 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Miles D. White, Joshua I. Smith, Susan C. Schwab, Edward B. Rust, Jr., Edward J. Rapp, Charles D. Powell, William A. Osborn, Douglas R. Oberhelman, Dennis A. Muilenburg, Peter A. Magowan, Jon M. Huntsman, Jr., Jesse J. Greene, Jr., David R. Goode, Juan Gallardo, Eugene V. Fife, Daniel M. Dickinson, Caterpillar, Inc., and David L. Calhoun on 03/18/2013. (Seely, Kevin) |
| Filing 6 NOTICE of Appearance of Attorney by Kevin A Seely on behalf of Iron Workers Mid-South Pension Fund (Seely, Kevin) |
| Filing 5 NOTICE of Appearance of Attorney by Michael J Nicoud on behalf of Iron Workers Mid-South Pension Fund (Nicoud, Michael) |
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TEXT ORDER REASSIGNING CASE Entered by Chief Judge James E. Shadid on 3/7/13: This case is reassigned to U.S. District Judge Sara Darrow for all further proceedings. (TK, ilcd)
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| Filing 4 Summons Issued as to David L. Calhoun, Caterpillar, Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (JRK, ilcd) |
| Filing 3 NOTICE of Appearance of Attorney by James E Barz on behalf of Iron Workers Mid-South Pension Fund (Barz, James) |
| Filing 2 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Iron Workers Mid-South Pension Fund. (Barz, James) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0753-1543013.), filed by Iron Workers Mid-South Pension Fund. (Attachments: #1 Exhibit Plaintiff Verification, #2 Civil Cover Sheet, #3 Exhibit Summons (Goode), #4 Exhibit Summons (Huntsman), #5 Exhibit Summons (Calhoun), #6 Exhibit Summons (Dickinson), #7 Exhibit Summons (Fife), #8 Exhibit Summons (Greene), #9 Exhibit Summons (Magowan), #10 Exhibit Summons (Muilenburg), #11 Exhibit Summons (Oberhelman), #12 Exhibit Summons (Osborn), #13 Exhibit Summons (Rapp), #14 Exhibit Summons (Rust), #15 Exhibit Summons (Schwab), #16 Exhibit Summons (Smith), #17 Exhibit Summons (White), #18 Exhibit Summons (Gallardo), #19 Exhibit Summons (Powell), #20 Exhibit Summons (Caterpillar))(Barz, James) |
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