AM General LLC v. Demmer Corporation
Plaintiff: AM General LLC
Defendant: Demmer Corporation
Not Classified By Court: John R Van Winkle
Case Number: 3:2012cv00333
Filed: June 20, 2012
Court: US District Court for the Northern District of Indiana
Office: South Bend Office
County: St. Joseph
Presiding Judge: Susan L Collins
Referring Judge: William C Lee
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 11, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2016 Opinion or Order Filing 241 EXHIBIT DESTRUCTION CERTIFICATE for exhibits admitted during 6/16/14-6/20/14 Bench Trial. (lns)
November 12, 2015 Opinion or Order Filing 240 NOTICE to Counsel regarding exhibits #196 . If no response to this Notice is received w/in 30 days, the exhibits will be destroyed. (lns)
June 12, 2015 Opinion or Order Filing 238 SATISFACTION OF JUDGMENT entered In favor of AM General LLC Against Demmer Corporation by AM General LLC. (Drake, John)
June 11, 2015 Opinion or Order Filing 239 MANDATE of USCA as to #230 Notice of Appeal filed by Demmer Corporation. This case is DISMISSED pursuant to Federal Rule of Apellate Procedure 42(b). No record to be returned. (Attachments: #1 certified judgment)(kds) (Additional attachment(s) added on 6/22/2015: #2 mandate, #3 certified jgm 2) (kds).
May 8, 2015 Opinion or Order Filing 237 TRANSCRIPT of Closing Arguments held on September 3, 2014, before Judge William C. Lee. Court Reporter Tina M. Gallucci, United States District Court Reporter, Telephone number 260-423-3060. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 5/19/2015. Redaction Request due 5/29/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/6/2015. (tg)
May 8, 2015 Opinion or Order Filing 236 TRANSCRIPT of In-Court Hearing held on Febrary 25, 2014, before Judge William C. Lee. Court Reporter Tina M. Gallucci, United States District Court Reporter, Telephone number 260-423-3060. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 5/19/2015. Redaction Request due 5/29/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/6/2015. (tg)
May 1, 2015 Opinion or Order Magistrate Judge Susan L Collins added. Magistrate Judge Roger B Cosbey no longer assigned to case. (mr)
April 30, 2015 Opinion or Order Filing 235 TRANSCRIPT REQUEST by Demmer Corporation re #230 Notice of Appeal (Turner, Wayne)
April 29, 2015 Opinion or Order Filing 234 DESIGNATION of Record on Appeal by Demmer Corporation re #230 Notice of Appeal (Turner, Wayne)
April 16, 2015 Opinion or Order Filing 233 USCA Case Number 15-1812 for #230 Notice of Appeal filed by Demmer Corporation. (kds)
April 16, 2015 Opinion or Order Filing 232 Short Record Sent to US Court of Appeals re #230 Notice of Appeal. Appeal filing fees paid in the amount of $505.00 - Receipt # 0755-2612689. (lhc)
April 16, 2015 Opinion or Order Filing 231 Docketing Statement re: #230 Notice of Appeal filed by Demmer Corporation. (Turner, Wayne)
April 16, 2015 Opinion or Order Filing 230 NOTICE OF APPEAL as to #223 Clerks Judgment, filed by Defendant Demmer Corporation. Filing fee $ 505, receipt number 0755-2612689. (Turner, Wayne)
March 18, 2015 Opinion or Order Filing 229 OPINION AND ORDER denying #224 Motion for New Trial and to Alter Judgment. Signed by Judge William C Lee on 3/18/2015. (rmc)
January 21, 2015 Opinion or Order Filing 228 NOTICE of Change of Address by Michael R Limrick and Wayne Turner (Limrick, Michael)
December 11, 2014 Opinion or Order Filing 227 REPLY to Response to Motion re #224 MOTION to Alter Judgment MOTION for New Trial filed by Demmer Corporation. (Kraus PHV, Richard)
December 4, 2014 Opinion or Order Filing 226 RESPONSE to Motion re #224 MOTION to Alter Judgment MOTION for New Trial - Plaintiff AM General LLC's Opposition to Defendant Demmer Corporation's Motion for New Trial and to Alter Judgment - filed by AM General LLC. (Attachments: #1 Exhibit A - June 16, 2014 Turner email, #2 Exhibit B - Proposed order)(Drake, John)
November 20, 2014 Opinion or Order Filing 225 MEMORANDUM in Support of #224 MOTION to Alter Judgment MOTION for New Trial filed by Demmer Corporation. (Limrick, Michael)
November 3, 2014 Opinion or Order Filing 224 MOTION to Alter Judgment , MOTION for New Trial by Defendant Demmer Corporation. (Limrick, Michael)
October 24, 2014 Opinion or Order Filing 223 AMENDED CLERK'S ENTRY OF JUDGMENT. (lns)
October 24, 2014 Opinion or Order Filing 222 ORDER GRANTING #218 Unopposed Motion to Withdraw #210 Emergency Motion to Vacate #209 Clerk's Entry of Judgment filed by Dft Demmer Corporation; GRANTING #219 Unopposed Motion to Withdraw #212 Cross-Motion to Amend the Judgment Nunc Pro Tunc filed by Pla AM General; GRANTING #216 Unopposed Motion to Stay Execution of Judgment filed by Dft Demmer Corporation; GRANTING #220 Unopposed Motion to Amend Judgment, Enter Stay, and Set Briefing Schedule filed by Pla AM General. The final appealable judgment in this matter shall award Pla AM General the amount of $34,260,573, which includes the base award of $27,966,498, prejudgment interest in the amount of $2,595,137 (through October 6, 2014), attorneys' fees and non-taxable expenses of $3,550,000, and costs recoverable under 28 U.S.C. 1920 in the amount of $148,938. The Amended Judgment is STAYED pending final disposition of all post-judgment proceedings and appeals. Dft's proposed form of security, the Irrevocable Standby Letter of Credit issued by JP Morgan Chase Bank, N.A. and attached as Exhibit 1 to its Motion to Stay, is hereby approved. Any post-judgment motion by Dft shall be filed on/bf 11/3/2014. Dft shall file its memorandum in support on/bf 11/20/2014. Pla's Response shall be filed on/bf 12/4/2014. Dft's Reply shall be filed on/bf 12/11/2014. Signed by Judge William C Lee on 10/24/2014. (lns) (lns)
October 23, 2014 Opinion or Order Filing 221 BILL OF COSTS with Itemization and Supporting Documents by AM General LLC. (Attachments: #1 Itemization of Bill of Costs, #2 Supporting Documents)(LaDue, John)
October 23, 2014 Opinion or Order Filing 220 MOTION to Amend/Correct #208 Opinion and Order, Terminate Civil Case,,,,,,,,,, (Unopposed) by Plaintiff AM General LLC. (Attachments: #1 Exhibit A (Proposed Order), #2 Affidavit B (Dan Dell'Orto))(LaDue, John)
October 23, 2014 Opinion or Order Filing 219 MOTION to Withdraw AM General's Cross-Motion to Amend the Judgment re #212 Response to Motion,,, by Plaintiff AM General LLC. (LaDue, John)
October 23, 2014 Opinion or Order Filing 218 MOTION to Withdraw #210 Emergency MOTION to Vacate #209 Clerks Judgment (with AM General's consent) by Defendant Demmer Corporation. (Turner, Wayne)
October 21, 2014 Opinion or Order Filing 217 TELEPHONIC STATUS/SCHEDULING CONFERENCE held on 10/21/2014 before Judge William C Lee. Pla appeared by atty John LaDue, Andrew Keyes. Dft appeared by atty Jim Jensen, Mike Limrick. Court discusses pending motions with counsel. Counsel to confer and file w/in two days an agreed order on prejudgment interest, attorneys' fees, and costs. An Amended Judgment will be entered once the Court has received and reviewed the agreed order. (Portable FTR) (lns)
October 20, 2014 Opinion or Order Filing 216 MOTION to Stay Execution of Judgment (Unopposed) by Defendant Demmer Corporation. (Attachments: #1 Exhibit Letter of credit)(Kraus PHV, Richard)
October 16, 2014 Opinion or Order Filing 215 REPLY IN SUPPORT OF CROSS-MOTION TO AMEND THE JUDGMENT NUNC PRO TUNC [DE # 212] by AM General LLC . (Attachments: #1 Exhibit K - 2014-10-10 Keyes Letter to Turner re prejudgment interest)(Drake, John)
October 16, 2014 Opinion or Order Filing 214 NOTICE of Hearing: Telephonic Status and Scheduling Conference set for 10/21/2014 11:00 AM (Fort Wayne time) before Judge William C Lee. The Court will initiate the call. (lns)
October 15, 2014 Opinion or Order Filing 213 REPLY to Response to Motion re #210 Emergency MOTION to Vacate #209 Clerks Judgment filed by Demmer Corporation. (Attachments: #1 Exhibit 1- PTX-174)(Limrick, Michael)
October 14, 2014 Opinion or Order Filing 212 RESPONSE to Motion re #210 Emergency MOTION to Vacate #209 Clerks Judgment and Cross-Motion to Amend Judgment Nunc Pro Tunc filed by AM General LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A (2014-10-06 Keyes Letter to Counsel re 2 issues that need to be discussed), #3 Exhibit B (Discovery in Aid of Execution), #4 Exhibit C (2014-10-08 Turner Letter to Keyes responding to 10-6-14 Letter), #5 Exhibit D (2014-10-09 Limrick Letter to Keyes re document requests and interrogatories in aid of execution), #6 Exhibit E (CFR-2009-title48-vol2-sec52-215-10 (w. cvr pg)), #7 Exhibit F (Interest Rates), #8 Exhibit G (Interest Calculation), #9 Exhibit H (Proposed Order), #10 Exhibit I (2014 10 09 Affidavit), #11 Exhibit J (IMD Auctions - presses at 1600 N Larch))(LaDue, John) Modified on 10/24/2014 - Cross-Motion to Amend Judgment Nunc Pro Tunc WITHDRAWN pursuant to Court Order on 10/24/2014, DE #222 . (lns).
October 14, 2014 Opinion or Order Filing 211 ENTRY FOR JUDGE WILLIAM C LEE re #210 Emergency MOTION to Vacate #209 Clerks Judgment filed by Demmer Corporation. Pla's Response to be filed by 10/16/2014. So Ordered. (lns)
October 10, 2014 Opinion or Order Filing 210 WITHDRAWN PURSUANT TO COURT ORDER DATED 10/24/14, DE #222 . Emergency MOTION to Vacate #209 Clerks Judgment by Defendant Demmer Corporation. (Attachments: #1 Exhibit 1 - AMG Michigan state court filings, #2 Exhibit 2 - AMG Rule 69 discovery requests)(Limrick, Michael) Modified on 10/24/2014 (lns).
October 6, 2014 Opinion or Order Filing 209 CLERK'S ENTRY OF JUDGMENT. (lns)
October 6, 2014 Opinion or Order Filing 208 OPINION AND ORDER: Court concludes Pla AM General LLC prevails on its breach of contract claim in its entirety and enters judgment in favor of Pla AM General LLC and against Dft Demmer Corporation in the amount of $27,966,498, plus prejudgment interest from September 9, 2011 to the date of the judgment, plus attorneys' fees and costs and post-judgment interest. Court further holds that AM General properly withheld excessive payments made to Demmer and need not return them. Counts I and II of Demmer's Counterclaim are dismissed with prejudice and Demmer shall take nothing for its Counterclaim. Parties directed to meet and confer w/in 14 days on the amounts to be added to the judgment for prejudgment interest, costs, and attorneys' fees. To the extent the parties cannot reach agreement on the amounts to be added to the judgment, AM General is directed to file post-judgment briefing setting out its position on any outstanding disputes within 28 days of the judgment. Demmer to file any objections or response within 14 days of Pla's submission. AM General may reply within 14 days after Demmer's response. AM General's ddls for submissions for Costs and Attorneys' Fees under Fed. R. Civ. P. 54 are extended as set forth herein pursuant to N.D. Ind. L.R. 54-1. Signed by Judge William C Lee on 10/6/2014. (lns)
September 3, 2014 Opinion or Order Filing 207 SETTLEMENT CONFERENCE held and concluded without resolution on 9/3/2014 before Magistrate Judge Roger B Cosbey. Pla appeared by attys Cecil Wilson, Eric Wiener, Andrew Keyes, John Drake, John Ladue, Daniel Dell'Orto, John Ross, and CEO Charles Hall. Dft appeared by attys Michael Limrick, Wayne Turner, Richard Kraus, Rod Marvin, James Jenson, and President Bill Demmer. (mr)
September 3, 2014 Opinion or Order Filing 206 FINAL ARGUMENTS held on 9/3/2014 before Judge William C Lee. Pla appeared by atty Andrew Keyes, Bryan Wilson, John LaDue, Eric Wiener, John Drake. Dft appeared by atty Wayne Turner, Michael Limrick, Richard Kraus, President Bill Demmer. Argument heard from both sides. Court takes matter under advisement. Court's decision shall be issued w/in 30 days. (Court Reporter Tina Gallucci) (lns)
July 30, 2014 Opinion or Order Filing 205 TELEPHONE CONFERENCE held on 7/30/2014 before Judge William C Lee. Pla appeared by atty Andrew Keyes, Bryan Wilson, John LaDue. Dft appeared by atty Wayne Turner, Mike Limrick, Rod Marvin, Jim Jensen, Richard Kraus. Court discusses final argument set for 9/3/2014. (Portable FTR) (lns)
July 15, 2014 Opinion or Order Filing 204 ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 9/3/2014 at 1:00 PM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey.) Lead counsel for each side shall submit via e-mail to cosbey_chambers@innd.uscourts.gov, a "Confidential Statement of the Case" on or before the end of the business day on August 29, 2014. Signed by Magistrate Judge Roger B Cosbey on 7/15/2014. (rmc)
July 11, 2014 Opinion or Order Filing 203 AMENDED DOCUMENT by AM General LLC. AM General LLC's Revised Proposed Findings of Fact and Conclusions of Law. (Drake, John)
July 11, 2014 Opinion or Order Filing 202 Proposed Findings of Fact by Demmer Corporation. (Limrick, Michael)
July 11, 2014 Opinion or Order Filing 201 TELEPHONE CONFERENCE held on 7/11/2014 before Judge William C Lee and Magistrate Judge Roger B Cosbey. Pla appeared by atty Andrew Keyes, John LaDue. Dft appeared by atty Wayne Turner, Mike Limrick, Rod Marvin, Jim Jensen and Richard Kraus. Telephone Conference set for 7/30/2014 10:00 AM EST before Judge William C Lee. Court to initiate call. Final Argument set for 9/3/2014 10:00 AM in US District Court - Fort Wayne before Judge William C Lee. Separate Order to be issued for Settlement Conference before Magistrate Judge Roger B Cosbey. (Portable FTR) (lns)
June 27, 2014 Opinion or Order Filing 200 RECEIPT of Pla's Trial Exhibit 203 - Gregory Daniels Deposition Designations from AM General LLC. (lns)
June 24, 2014 Opinion or Order Filing 199 TRANSCRIPT of BENCH TRIAL held on JUNE 20, 2014 AM SESSION, before Judge WILLIAM C. LEE. Court Reporter DEBRA J. BONK, Telephone number 574 246 8039. Tape Number: STENOGRAPHICALLY REPORTED. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 7/10/2014. Redaction Request due 7/15/2014. Redacted Transcript Deadline set for 7/25/2014. Release of Transcript Restriction set for 9/22/2014. (db)
June 23, 2014 Opinion or Order Filing 198 TRANSCRIPT of Bench Trial, Volume V-PM, held on June 20, 2014, before Judge William C. Lee. Court Reporter Joanne Hoffman, Telephone number 574-246-8038. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 7/2/2014. Redaction Request due 7/14/2014. Redacted Transcript Deadline set for 7/24/2014. Release of Transcript Restriction set for 9/22/2014. (jh)
June 23, 2014 Opinion or Order Filing 197 TRANSCRIPT of Bench Trial, Volume IV-AM, held on June 19, 2014, before Judge William C. Lee. Court Reporter Joanne Hoffman, Telephone number 574-246-8038. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 7/2/2014. Redaction Request due 7/14/2014. Redacted Transcript Deadline set for 7/24/2014. Release of Transcript Restriction set for 9/22/2014. (jh)
June 20, 2014 Opinion or Order Filing 196 Witness List/Exhibit List from Bench Trial dated June 16-20, 2014. (lns)
June 20, 2014 Opinion or Order Filing 195 BENCH TRIAL (Day 5) completed on 6/20/2014 before Judge William C Lee. Pla appeared by atty Andrew Keyes, Cecil Wilson, John LaDue, Eric Wiener. Dft appeared by atty Wayne Turner, Michael Limrick, Rodney Marvin, Richard Kraus. Dft presents evidence. Dft rests. Closing arguments heard. Pla to submit Trial Exhibit 203 - Deposition Designations/Counter Designations of Greg Daniels w/in 7 days. Parties' Revised Findings of Fact and Conclusions of Law due 21 days from today. Telephone Conference set for 7/11/2014 11:00 AM (Fort Wayne time) before Judge William C Lee. Court to initiate call. (Court Reporters Joanne Hoffman, Debra Bonk) (lns) (lns)
June 20, 2014 Opinion or Order Filing 193 TRANSCRIPT - AMENDED PAGE 677 OF #190 TRANSCRIPT - BENCH TRIAL held on JUNE 18, 2014, before Judge WILLIAM C. LEE. Court Reporter DEBRA J. BONK, Telephone number 574 246 8039. Tape Number: STENOGRAPHICALLY REPORTED. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 7/2/2014. Redaction Request due 7/11/2014. Redacted Transcript Deadline set for 7/21/2014. Release of Transcript Restriction set for 9/18/2014. (db) Modified on 6/24/2014 (ksc).
June 20, 2014 Opinion or Order Filing 192 TRANSCRIPT of BENCH TRIAL held on JUNE 19, 2014, before Judge WILLIAM C. LEE. Court Reporter DEBRA J. BONK, Telephone number 574 246 8039. Tape Number: STENOGRAPHICALLY REPORTED. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 7/2/2014. Redaction Request due 7/11/2014. Redacted Transcript Deadline set for 7/21/2014. Release of Transcript Restriction set for 9/18/2014. (db)
June 19, 2014 Opinion or Order Filing 194 BENCH TRIAL (Day 4) held on 6/19/2014 before Judge William C Lee. Pla appeared by atty Andrew Keyes, Cecil Wilson, John LaDue, Eric Wiener. Dft appeared by atty Wayne Turner, Michael Limrick, Rodney Marvin, Richard Kraus. Dft presents evidence. Court in recess and to resume on 6/20/14 at 9:00 AM. (Court Reporters Joanne Hoffman, Debra Bonk.) (lns)
June 19, 2014 Opinion or Order Filing 191 DISCLOSURE of Second Supplemental Rule 26(a)(3) Disclosures filed by AM General LLC. (Attachments: #1 Exhibit A)(Drake, John)
June 18, 2014 Opinion or Order Filing 190 TRANSCRIPT of BENCH TRIAL held on JUNE 18, 2014, (PLEASE SEE DE#193 FOR AMENDED PAGE 677 OF THIS TRANSCRIPT) before Judge WILLIAM C. LEE. Court Reporter DEBRA J. BONK, Telephone number 574 246 8039. Tape Number: STENOGRAPHICALLY REPORTED. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 6/27/2014. Redaction Request due 7/9/2014. Redacted Transcript Deadline set for 7/21/2014. Release of Transcript Restriction set for 9/16/2014. (db) Modified on 6/24/2014 (ksc).
June 18, 2014 Opinion or Order Filing 189 TRANSCRIPT of Bench Trial, Volume III-AM, held on June 18, 2014, before Judge William C. Lee. Court Reporter Joanne Hoffman, Telephone number 574-246-8038. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 6/27/2014. Redaction Request due 7/9/2014. Redacted Transcript Deadline set for 7/21/2014. Release of Transcript Restriction set for 9/16/2014. (jh)
June 18, 2014 Opinion or Order Filing 188 BENCH TRIAL (Day 3) held on 6/18/2014 before Judge William C Lee. Pla appeared by atty Andrew Keyes, Cecil Wilson, John LaDue, Eric Wiener. Dft appeared by atty Wayne Turner, Michael Limrick, Rodney Marvin, Richard Kraus. Pla continues to present evidence. Dft presents evidence. Court in recess and to resume on 6/19/14 at 9:30 AM. (Court Reporters Joanne Hoffman, Debra Bonk.) (lns)
June 18, 2014 Opinion or Order Filing 186 TRANSCRIPT of BENCH TRIAL, VOLUME II, PM SESSION held on JUNE 17, 2014, before Judge WILLIAM C. LEE. Court Reporter DEBRA J. BONK, Telephone number 574 246 8039. Tape Number: STENOGRAPHICALLY REPORTED. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 6/27/2014. Redaction Request due 7/9/2014. Redacted Transcript Deadline set for 7/21/2014. Release of Transcript Restriction set for 9/16/2014. (db)
June 17, 2014 Opinion or Order Filing 187 BENCH TRIAL (Day 2) held on 6/17/2014 before Judge William C Lee. Pla appeared by atty Andrew Keyes, Cecil Wilson, John LaDue, Eric Wiener. Dft appeared by atty Wayne Turner, Michael Limrick, Rodney Marvin, Richard Kraus. Pla continues to present evidence. Court in recess and to resume on 6/18/14 at 9:00 AM. (Court Reporters Joanne Hoffman, Debra Bonk.) (lns)
June 17, 2014 Opinion or Order Filing 185 TRANSCRIPT of Jury Trial, Volume II-AM, held on June 17, 2014, before Judge William C. Lee. Court Reporter Joanne Hoffman, Telephone number 574-246-8038. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 6/26/2014. Redaction Request due 7/8/2014. Redacted Transcript Deadline set for 7/18/2014. Release of Transcript Restriction set for 9/15/2014. (jh)
June 17, 2014 Opinion or Order Filing 184 TRANSCRIPT of BENCH TRIAL PM SESSION held on JUNE 16, 2014, before Judge WILLIAM C. LEE. Court Reporter DEBRA J. BONK, Telephone number 574 246 8039. Tape Number: STENOGRAPHICALLY REPORTED. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 6/26/2014. Redaction Request due 7/8/2014. Redacted Transcript Deadline set for 7/18/2014. Release of Transcript Restriction set for 9/15/2014. (db)
June 17, 2014 Opinion or Order Filing 183 TRANSCRIPT of BENCH TRIAL AM SESSION held on JUNE 16, 2014, before Judge WILLIAM C. LEE. Court Reporter JOANNE HOFFMAN, Telephone number 574 246 8038. Tape Number: STENOGRAPHICALLY REPORTED. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 6/26/2014. Redaction Request due 7/8/2014. Redacted Transcript Deadline set for 7/18/2014. Release of Transcript Restriction set for 9/15/2014. (db)
June 16, 2014 Opinion or Order Filing 182 BENCH TRIAL held on 6/16/2014 before Judge William C Lee. Pla appeared by atty Andrew Keyes, Cecil Wilson, John LaDue, Eric Wiener. Dft appeared by atty Wayne Turner, Michael Limrick, Richard Kraus, Rodney Marvin. Opening Statements heard. Pla presents evidence. Trial continued to Tuesday, 6/17/2014. (Court Reporters Joanne Hoffman and Debra Bonk) (lns)
June 13, 2014 Opinion or Order Filing 181 ORDER GRANTING #180 Motion to Strike a Filing by Pla AM General LLC, Counter Defendant AM General LLC. Court STRIKES DE 177. Signed by Judge William C Lee on 6/13/2014. (lns)
June 12, 2014 Opinion or Order Filing 180 MOTION Strike or Remove AM General Filing D.E. 177 by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
June 11, 2014 Opinion or Order Filing 179 MEMORANDUM OF LAW Regarding Exhibit Objections by AM General LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Drake, John)
June 11, 2014 Opinion or Order Filing 178 TRIAL BRIEF - SUPPLEMENTAL by AM General LLC. (Drake, John)
June 11, 2014 Opinion or Order Filing 177 STRICKEN PURSUANT TO COURT ORDER DATED 6/13/2014, DE 181. MEMORANDUM OF LAW Regarding Exhibit Objections by AM General LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Drake, John) Modified on 6/13/2014 (lns).
June 11, 2014 Opinion or Order Filing 176 OBJECTION by AM General LLC to Demmer Corporation's Counter-Designations #164 . (Attachments: #1 Exhibit A)(Drake, John) Modified on 6/16/2014 to add link (kds).
June 11, 2014 Opinion or Order Filing 175 MEMORANDUM OF LAW Regarding Objections to Exhibits by Demmer Corporation. (Limrick, Michael)
June 11, 2014 Opinion or Order Filing 174 BENCH BOOK OF TRIAL EXHIBITS by AM General LLC. (3 Volumes) (copies provided for Clerk and Witness) (lns)
June 11, 2014 Opinion or Order Filing 173 BENCH BOOK OF TRIAL EXHIBITS by Demmer Corporation. (2 Volumes) (copies provided for Clerk, Witness and Court Reporter) (lns)
June 11, 2014 Opinion or Order Filing 172 Joint Exhibit List for Stipulated Exhibits by AM General LLC.. (Attachments: #1 Exhibit A - Joint List of Stipulated Exhibits)(Drake, John)
June 11, 2014 Opinion or Order Filing 171 ORDER GRANTING #167 Motion to Seal AM General LLC's Marked Copy of Demmer Corporation's Proposed Findings and Conclusions by Pla AM General LLC. Signed by Judge William C Lee on 6/11/2014. (lns)
June 11, 2014 Opinion or Order Filing 170 ORDER GRANTING #163 Motion to Seal Demmer's Annotated Copy of AM General's Proposed Findings of Fact and Conclusions of Law by Dft Demmer Corporation. Signed by Judge William C Lee on 6/11/2014. (lns)
June 6, 2014 Opinion or Order Filing 169 OPINION AND ORDER: DENYING #153 Motion in Limine. Demmer is ORDERED to produce Shawa-DeCook for a supplemental deposition on the limited issue of damage computation if so requested by AMG. Demmer's request for attorney fees is DENIED.. Signed by Judge William C Lee on 6/6/14. (jld)
June 6, 2014 Opinion or Order Filing 168 OBJECTION by AM General LLC to #157 Disclosure, #149 Disclosure, and AM General LLC's Counter-Designations. (Attachments: #1 Exhibit A, #2 Exhibit B)(Drake, John)
June 6, 2014 Opinion or Order Filing 167 MOTION to Seal AM General LLC's Marked Copy of Demmer Corporation's Proposed Findings and Conclusions by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
June 6, 2014 Opinion or Order Filing 166 Sealed Document. (Drake, John)
June 6, 2014 Opinion or Order Filing 165 AMENDED DOCUMENT by AM General LLC. AM General LLC's Marked Copy of Demmer Corporation's Proposed Findings and Conclusions. (Drake, John)
June 6, 2014 Opinion or Order Filing 164 OBJECTION by Demmer Corporation to #160 Disclosure, #148 Disclosure and Deposition Counter-Designations. (Attachments: #1 Exhibit 1 - Demmer's Counter-designations to testimony designated by AMG)(Limrick, Michael)
June 6, 2014 Opinion or Order Filing 163 MOTION to Seal Demmer's Annotated Copy of AM General's Proposed Findings of Fact and Conclusions of Law by Defendant Demmer Corporation. (Limrick, Michael)
June 6, 2014 Opinion or Order Filing 162 Sealed Document re #161 Amended Document. (Limrick, Michael)
June 6, 2014 Opinion or Order Filing 161 AMENDED DOCUMENT by Demmer Corporation. Demmer's Annotated Copy of AM General's Proposed Findings of Fact and Conclusions of Law. (Limrick, Michael)
June 4, 2014 Opinion or Order Filing 160 DISCLOSURE of - Supplemental Rule 26(a)(3) Pretrial Disclosures filed by AM General LLC. (Attachments: #1 Exhibit A - Exhibit List)(Drake, John)
June 4, 2014 Opinion or Order Filing 159 ORDER GRANTING #150 Motion to Seal Trial Brief by Pla AM General LLC. Pla's #151 Trial Brief shall remain under seal. Signed by Judge William C Lee on 6/4/2014. (lns)
June 2, 2014 Opinion or Order Filing 158 REPLY to Response to Motion re #153 MOTION in Limine to Preclude Defendant Demmer Corporation from Offering Evidence and Argument Related to Damages filed by AM General LLC. (Attachments: #1 Exhibit 13.Excerpts of PTO, #2 Exhibit 14.AMG Initial Disclosures, #3 Exhibit 15.Supp Rog Responses, #4 Exhibit 16.Prod Letters)(LaDue, John)
May 30, 2014 Opinion or Order Filing 157 DISCLOSURE of Supplemental Rule 26(a)(3) Disclosures filed by Demmer Corporation. (Attachments: #1 Exhibit 1 - Supplemented Exhibit List)(Limrick, Michael)
May 30, 2014 Opinion or Order Filing 156 TRIAL BRIEF by Demmer Corporation. (Limrick, Michael)
May 29, 2014 Opinion or Order Filing 155 RESPONSE to Motion re #153 MOTION in Limine to Preclude Defendant Demmer Corporation from Offering Evidence and Argument Related to Damages filed by Demmer Corporation. (Limrick, Michael)
May 27, 2014 Opinion or Order Filing 154 MEMORANDUM in Support of #153 MOTION in Limine to Preclude Defendant Demmer Corporation from Offering Evidence and Argument Related to Damages filed by AM General LLC. (Attachments: #1 Exhibit Index, #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, #11 Exhibit 10, #12 Exhibit 11)(Drake, John)
May 27, 2014 Opinion or Order Filing 153 MOTION in Limine to Preclude Defendant Demmer Corporation from Offering Evidence and Argument Related to Damages by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
May 22, 2014 Opinion or Order Filing 152 TRIAL BRIEF by AM General LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Drake, John)
May 22, 2014 Opinion or Order Filing 151 Sealed Document. (Drake, John)
May 22, 2014 Opinion or Order Filing 150 MOTION to Seal Trial Brief by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
May 22, 2014 Opinion or Order Filing 149 DISCLOSURE of Rule 26(a)(3) filed by Demmer Corporation. (Attachments: #1 Exhibit 1 - Jim Angell deposition designations, #2 Exhibit 2 - Kelly Koch McDonald deposition designations, #3 Exhibit 3 - Matt Heppler deposition designations, #4 Exhibit 4 - Greg Daniels deposition designations, #5 Exhibit 5 - Demmer preliminary exhibit list)(Limrick, Michael)
May 22, 2014 Opinion or Order Filing 148 DISCLOSURE of Rule 26(a)(3) Pretrial Disclosures filed by AM General LLC. (Attachments: #1 Exhibit A - Exhibit List, #2 Exhibit B - Deposition Designations)(Drake, John)
May 14, 2014 Opinion or Order Filing 147 AMENDED PRETRIAL ORDER. Signed by Judge William C Lee on 5/14/2014. (lns)
May 8, 2014 Opinion or Order Filing 146 ORDER FOR CIVIL TRIAL AND ORDER CONTROLLING THE CASE. Signed by Judge William C Lee on 5/8/2014. (lns)
May 2, 2014 Opinion or Order Filing 145 TELEPHONIC STATUS CONFERENCE held on 5/2/2014 before Judge William C Lee. Pla appeared by atty John LaDue, Andrew Keyes. Dft appeared by atty Wayne Turner, Michael Limrick, Rod Marvin, Jim Jensen, Richard Kraus. Court hears from counsel re new trial date. Court GRANTS #143 MOTION to Continue June 2 Trial Setting Due To Unexpected Conflict With Recessed Jury Trial filed by Demmer Corporation. Five (5) day Bench Trial currently set for 6/2/2014 is VACATED and RESET for 6/16/2014 09:30 AM in US District Court - Fort Wayne before Judge William C Lee. Court to issue revised Order for Civil Trial and Order Controlling the Case. (Portable FTR) (lns)
April 30, 2014 Opinion or Order Filing 144 NOTICE of Hearing: Telephonic Status Conference set for 5/2/2014 10:30 AM EST before Judge William C Lee. The Court will initiate the call. (lns)
April 29, 2014 Opinion or Order Filing 143 MOTION to Continue June 2 Trial Setting Due To Unexpected Conflict With Recessed Jury Trial by Defendant Demmer Corporation. (Turner, Wayne)
April 9, 2014 Opinion or Order Filing 142 SETTLEMENT CONFERENCE held and concluded without resolution on 4/9/2014 before Magistrate Judge Roger B Cosbey. Pla appeared by attys Eric Wiener, Andrew Keyes, John Drake, John LaDue, and Dan Dell'Orto. Dft appeared by attys Michael Limrick, Wayne Turner, Charles Marvin, James Jensen and President, William Demmer.(FTR 1st floor.) (mr)
April 9, 2014 Opinion or Order Filing 141 PRETRIAL ORDER. Signed by Judge William C Lee on 4/9/2014. (lns)
April 9, 2014 Opinion or Order Filing 140 FINAL PRETRIAL CONFERENCE held on 4/9/2014 before Judge William C Lee. Pla appeared by atty J Andrew Keyes, Eric Wiener, John Drake, John LaDue, and General Counsel Dan Dell'Orto. Dft appeared by atty Michael Limrick, Wayne Turner, Charles Marvin, Jim Jensen, and President Bill Demmer. Case discussed. Court advises counsel that the Bench Trial will begin at 9:30 AM. (Portable FTR) (lns)
March 27, 2014 Opinion or Order Filing 139 TELEPHONIC CONFERENCE held on 3/27/2014 before Judge William C Lee and Magistrate Judge Roger B Cosbey. Pla appeared by attys Andrew Keyes, John LaDue. Dft appeared by attys Wayne Turner, Rod Marvin, Jim Jensen, Richard Kraus. Court discusses current schedule with counsel. Court CONFIRMS Final Pretrial Conference and Settlement Conference set for 4/9/2014 and Bench Trial set for 6/2/2014. (Portable FTR) (lns) Modified on 3/27/2014 to correct type of trial (lns).
March 26, 2014 Opinion or Order Filing 138 NOTICE of Hearing: Telephone Conference set for 3/27/2014 03:00 PM EST before Judge William C Lee. The Court will initiate the call. (lns)
March 25, 2014 Opinion or Order Filing 137 SEALED OPINION AND ORDER DENYING without prejudice #87 MOTION to exclude testimony of AM General's proffered expert filed by Demmer Corporation, DENYING #94 MOTION To Exclude Opinions In Untimely Second Report Of AM General's Proffered Expert filed by Demmer Corporation. Telephone Conference shall be set by way of separate minute entry to discuss the trial schedule in this cause. Signed by Judge William C Lee on 3/25/2014. (lns)
March 25, 2014 Opinion or Order Filing 136 SEALED OPINION AND ORDER DENYING #79 MOTION for Summary Judgment filed by Demmer Corporation. Signed by Judge William C Lee on 3/25/2014. (lns)
March 7, 2014 Opinion or Order Filing 135 ORDER FOR CIVIL TRIAL AND FINAL PRETRIAL CONFERENCE, ORDER CONTROLLING THE CASE. Signed by Judge William C Lee on 3/7/2014. (lns)
February 25, 2014 Opinion or Order Filing 134 ORDER ( Settlement Conference set for 4/9/2014 08:30 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey.). Signed by Magistrate Judge Roger B Cosbey on 2/25/14. (smp)
February 25, 2014 Opinion or Order Filing 133 SETTLEMENT CONFERENCE held and concluded without resolution on 2/25/2014 before Magistrate Judge Roger B Cosbey. Pla appeared by atty Cecil Wilson, J Andrew Keyes, Eric Wiener, John Drake, John LaDue, General Counsel Dan Dell'Orto. Dft appeared by atty Michael Limrick, Wayne Turner, Charles Marvin, Jim Jensen, Richard Kraus, and President Bill Demmer. Further Settlement Conference set for 4/9/2014 at 8:30 a.m. in US District Court - Fort Wayne before Magistrate Judge Roger B. Cosbey. (FTR 1st floor.) (mr)
February 25, 2014 Opinion or Order Filing 132 MOTION HEARING held on 2/25/2014 before Judge William C Lee re #79 MOTION for Summary Judgment filed by Demmer Corporation, #87 MOTION to exclude testimony of AM General's proffered expert filed by Demmer Corporation, #94 MOTION To Exclude Opinions In Untimely Second Report Of AM General's Proffered Expert filed by Demmer Corporation. Pla appeared by atty Cecil Wilson, J Andrew Keyes, Eric Wiener, John Drake, John LaDue, General Counsel Dan Dell'Orto. Dft appeared by atty Michael Limrick, Wayne Turner, Charles Marvin, Jim Jensen, Richard Kraus, and President Bill Demmer. Argument heard on Motion for Summary Judgment. Court addresses two Motions to Exclude. Court confirms 3/25/14 Motions ruling date. Court confirms that counsel provided written statements to clients regarding fees and expenses. (2nd floor FTR) (lns)
February 13, 2014 Opinion or Order Filing 131 ENTRY for Magistrate Judge Roger B. Cosbey: This matter is set for an Initial Settlement Conference on 2/25/2014 immediately following the hearing that convenes at 10:00 a.m. At the conference, Counsel will be asked to outline their respective factual/legal positions. The Court anticipates setting the matter for a second formal settlement conference after conferring with Counsel about an appropriate date. So Order.(mr)
February 12, 2014 Opinion or Order Filing 130 TELEPHONIC STATUS CONFERENCE held on 2/12/2014 before Judge William C Lee. Pla appeared by atty J Andrew Keyes, John LaDue. Dft appeared by atty Michael Limrick, Wayne Turner, Charles Rodney Marvin, James Jensen, Richard Kraus. Final Pretrial Conference currently set for 2/25/2014 is CONVERTED to a Hearing on the pending motions, to begin at 10:00 AM EST. Following this hearing, counsel will report to Magistrate Judge Roger B Cosbey for a Mediation/Settlement Conference. Order for Settlement Conference will be issued. Prior to the February 25 Hearing, counsel are directed to provide written statements to their clients that outline the fees and expenses incurred to date and an estimate of fees and expenses through appeal. The Court anticipates a ruling on the pending motions on or about 3/25/2014. Final Pretrial Conference RESET for 4/9/2014 10:30 AM in US District Court - Fort Wayne before Judge William C Lee. Five (5) day Bench Trial currently set for 3/24/2014 is RESET for 6/2/2014 09:00 AM in US District Court - Fort Wayne before Judge William C Lee. (Portable FTR) (lns)
February 7, 2014 Opinion or Order Filing 129 ENTRY FOR JUDGE WILLIAM C LEE: Telephonic Status Conference set for 2/12/2014 10:30 AM Eastern Time before Judge William C Lee. The Court will initiate the call to counsel. So Ordered. (lns)
December 20, 2013 Opinion or Order Filing 128 Joint REPORT of Mediation by AM General LLC.(Drake, John)
December 20, 2013 Opinion or Order Filing 127 REPLY to Response to Motion re #94 MOTION To Exclude Opinions In Untimely Second Report Of AM General's Proffered Expert filed by Demmer Corporation. (Limrick, Michael)
December 20, 2013 Opinion or Order Filing 126 REPLY to Response to Motion re #87 MOTION to exclude testimony of AM General's proffered expert filed by Demmer Corporation. (Limrick, Michael)
December 12, 2013 Opinion or Order Filing 124 ENTRY for Magistrate Judge Roger B. Cosbey: The #123 Agreed Motion for Extension of Time is granted. Dft granted to 12/20/2013 to file replies in support of the pending motions to exclude expert testimony #87 #95 . So Ordered. (mr)
December 12, 2013 Opinion or Order Filing 123 MOTION for Extension of Time to File Response/Reply as to #87 MOTION to exclude testimony of AM General's proffered expert , #95 Sealed Document Motion to Exclude Opinions in Untimely Second Report of AM General's Proferred Expert by Counter Claimant Demmer Corporation, Defendant Demmer Corporation. (Limrick, Michael)
December 11, 2013 Opinion or Order Filing 125 ORDER FOR CIVIL TRIAL AND FINAL PRETRIAL CONFRENCE - ORDER CONTROLLING THE CASE. Signed by Judge William C Lee on 12/11/13. (smp)
December 11, 2013 Opinion or Order Filing 122 TELEPHONIC STATUS/SCHEDULING CONFERENCE held on 12/11/2013 before Judge William C Lee. Pla appeared by atty J Andrew Keyes and atty John LaDue. Dft appeared by atty Michael Limrick, atty Wayne Turner, atty Charles Marvin, and atty James Jensen. Counsel advise mediation is set for 12/13/2013. Counsel to file report following mediation re progress of settlement. Counsel advise all evidence related motions re pending #79 Motion for Summary are filed and will be briefed by 12/20/2013. Scheduling Conference to be set following ruling on Motion for Summary Judgment. Final Pretrial Conference set for 2/25/2014 at 10:30 a.m., and 5-day Bench Trial set for 3/24/2014 at 9:00 AM in US District Court - Fort Wayne before Judge William C Lee. (FTR.) (mr)
December 9, 2013 Opinion or Order Filing 121 ORDER granting #114 Motion to Seal. Ordered that Demmer Corporation's Opposition to Demmer's Motion to Exclude Testimony of AM General's Proffered Expert #116 ; opposition to Demmer's Motion to Exclude the Supplemental Expert Report of Gregory S Bingham #118 ; and Exhibits 1,2,3,4, and 6 to the Affidavit of Eric C Wiener #120 shall remain under seal. Signed by Magistrate Judge Roger B Cosbey on 12/9/13. (smp)
December 6, 2013 Opinion or Order Filing 120 Sealed Document. (Drake, John)
December 6, 2013 Opinion or Order Filing 119 AFFIDAVIT of Eric C. Wiener - Declaration of Eric C. Wiener in Support of Plaintiff AM General LLC's Oppositions to Demmer's Motions to Exclude Testimony from Gregory Bingham by AM General LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Drake, John)
December 6, 2013 Opinion or Order Filing 118 Sealed Document. (Drake, John)
December 6, 2013 Opinion or Order Filing 117 RESPONSE to Motion re #94 MOTION To Exclude Opinions In Untimely Second Report Of AM General's Proffered Expert - AM General LLC's Opposition filed by AM General LLC. (Drake, John)
December 6, 2013 Opinion or Order Filing 116 Sealed Document. (Drake, John)
December 6, 2013 Opinion or Order Filing 115 RESPONSE to Motion re #87 MOTION to exclude testimony of AM General's proffered expert - AM General LLC's Opposition filed by AM General LLC. (Drake, John)
December 6, 2013 Opinion or Order Filing 114 MOTION to Seal Oppositions to Demmer's Motions to Exclude and confidential exhibits by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
December 6, 2013 Opinion or Order Filing 113 NOTICE of Hearing: Telephonic Status/Scheduling Conference set for 12/11/2013 11:30 AM in US District Court - Fort Wayne before Judge William C Lee. The Court will initiate call. (lns)
December 4, 2013 Opinion or Order Filing 112 ORDER denying as moot #109 Motion for Leave to File; granting #110 Amended Motion for Leave to File Brief Under Seal. It is ordered that Demner's unredacted reply brief #107 to its motion for summary judgment shall remain under seal. Signed by Magistrate Judge Roger B Cosbey on 12/4/13. (smp)
December 4, 2013 Opinion or Order Filing 111 ORDER granting #106 Motion to Correct. Clerk directed to substitute the sealed corrected Exhibit P attached to the motion for the sealed Exhibit P to Plaintiff's Sealed Appendix #101 . Signed by Magistrate Judge Roger B Cosbey on 12/4/13. (smp)
December 2, 2013 Opinion or Order Filing 110 Amended MOTION for Leave to File Brief Under Seal by Counter Claimant Demmer Corporation, Defendant Demmer Corporation. (Limrick, Michael)
December 2, 2013 Opinion or Order Filing 109 MOTION for Leave to File Brief Under Seal by Counter Claimant Demmer Corporation, Defendant Demmer Corporation. (Limrick, Michael)
December 2, 2013 Opinion or Order Filing 108 REPLY to Response to Motion re #79 MOTION for Summary Judgment filed by Demmer Corporation. (Limrick, Michael)
December 2, 2013 Opinion or Order Filing 107 Sealed Document re #79 MOTION for Summary Judgment . (Limrick, Michael)
November 29, 2013 Opinion or Order Filing 106 MOTION to Correct AM General's Sealed Appendix by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Attachments: #1 Exhibit Corrected Exhibit P to AM General's Sealed Appendix)(Drake, John) Modified on 12/4/2013 (smp).
November 27, 2013 Opinion or Order Filing 105 ORDER: GRANTING #97 Motion to Seal - ORDERING #99 unredacted Opposition toDemmers Motion for Summary Judgment and its Sealed Appendix of Materialsin Support #101 to remain under seal.. Signed by Magistrate Judge Roger B Cosbey on 11/27/13. (jld)
November 20, 2013 Opinion or Order Filing 104 ORDER granting #96 Demmer Corporation's Motion to file Exhibit 1 Under Seal. Signed by Magistrate Judge Roger B Cosbey on 11/20/13. (smp)
November 20, 2013 Opinion or Order Filing 103 ENTRY for Magistrate Judge Roger B. Cosbey: The #102 Agreed Motion for Extension of Time is granted. Pla granted to 12/6/2013 to respond to Dft's Motion to Exclude Opinions. So Ordered. (mr)
November 19, 2013 Opinion or Order Filing 102 MOTION for Extension of Time to File Response/Reply - with the Agreement of Demmer Corporation by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
November 15, 2013 Opinion or Order Filing 101 Sealed Document. (Attachments: #1 Exhibit - Ex. A - Shawa-DeCook Dep, #2 Exhibit - Ex B - Tenlen Dep, #3 Exhibit - Ex C - Dargitz Dep, #4 Exhibit - Ex D - Bingham Dep, #5 Exhibit - Ex E - Hodge Dep, #6 Exhibit - Ex F - Lentych Dep, #7 Exhibit - Ex G - Fiess Dep, #8 Exhibit - Ex H - McConville Dep, #9 Exhibit - Ex I - Peterson Dep, #10 Exhibit - Ex J - Heppler Dep, #11 Exhibit - Ex K - Mills Dep, #12 Exhibit - Ex L - Sjoberg Dep, #13 Exhibit - Ex M - Roberts Dep, #14 Exhibit - Ex N - McDonald Dep, #15 Exhibit - Ex O - Zielbauer Decl, #16 Exhibit - Ex P - Bingham Decl, #17 Exhibit - Ex Q - McConville Decl, #18 Exhibit - Ex R, #19 Exhibit - Ex S, #20 Exhibit - Ex T, #21 Exhibit - Ex U, #22 Exhibit - Ex V, #23 Exhibit - Ex W, #24 Exhibit - Ex X, #25 Exhibit - Ex Y, #26 Exhibit - Ex Z, #27 Exhibit - Ex AA, #28 Exhibit - Ex BB, #29 Exhibit - Ex CC, #30 Exhibit - Ex DD, #31 Exhibit - Ex EE, #32 Exhibit - Ex FF, #33 Exhibit - Ex GG, #34 Exhibit - Dep Ex 1, #35 Exhibit - Dep Ex 8, #36 Exhibit - Dep Ex 11, #37 Exhibit - Dep Ex 12, #38 Exhibit - Dep Ex 13, #39 Exhibit - Dep Ex 15, #40 Exhibit - Dep Ex 16, #41 Exhibit - Dep Ex 19, #42 Exhibit - Dep Ex 20, #43 Exhibit - Dep Ex 22, #44 Exhibit - Dep Ex 33, #45 Exhibit - Dep Ex 37, #46 Exhibit - Dep Ex 39, #47 Exhibit - Dep Ex 52, #48 Exhibit - Dep Ex 56, #49 Exhibit - Dep Ex 73, #50 Exhibit - Dep Ex 80, #51 Exhibit - Dep Ex 87, #52 Exhibit - Dep Ex 91, #53 Exhibit - Dep Ex 106, #54 Exhibit - Dep Ex 107, #55 Exhibit - Dep Ex 130, #56 Exhibit - Dep Ex 135, #57 Exhibit - Dep Ex 136, #58 Exhibit - Dep Ex 140, #59 Exhibit - Dep Ex 142, #60 Exhibit - Dep Ex 143, #61 Exhibit - Dep Ex 146, #62 Exhibit - Dep Ex 166, #63 Exhibit - Dep Ex 189, #64 Exhibit - Dep Ex 190, #65 Exhibit - Dep Ex 191, #66 Exhibit - Dep Ex 205, #67 Exhibit - Dep Ex 206, #68 Exhibit - Dep Ex 209, #69 Exhibit - Dep Ex 210, #70 Exhibit - Dep Ex 214, #71 Exhibit - Dep Ex 226, #72 Exhibit - Dep Ex 228, #73 Exhibit - Dep Ex 229, #74 Exhibit - Dep Ex 240, #75 Exhibit - Dep Ex 257)(Drake, John) (Additional attachment(s) added on 12/4/2013: #76 Exhibit P) (smp).
November 15, 2013 Opinion or Order Filing 100 APPENDIX to Opposition to Demmer's Motion for Summary Judgment by AM General LLC. (Attachments: #1 Exhibit Index, #2 Exhibit - Dep. Ex. 31, #3 Exhibit - Dep. Ex. 32)(Drake, John)
November 15, 2013 Opinion or Order Filing 99 Sealed Document re #79 MOTION for Summary Judgment . (Drake, John)
November 15, 2013 Opinion or Order Filing 98 RESPONSE to Motion re #79 MOTION for Summary Judgment - OPPOSITION filed by AM General LLC. (Drake, John)
November 15, 2013 Opinion or Order Filing 97 MOTION to Seal by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
November 15, 2013 Opinion or Order Filing 96 MOTION to Seal Exhibit 1 to Demmer's Motion To Exclude Opinions In Untimely Second Report of AM General's Proffered Expert by Defendant Demmer Corporation. (Limrick, Michael)
November 15, 2013 Opinion or Order Filing 95 Sealed Document re #94 MOTION To Exclude Opinions In Untimely Second Report Of AM General's Proffered Expert . (Limrick, Michael)
November 15, 2013 Opinion or Order Filing 94 MOTION To Exclude Opinions In Untimely Second Report Of AM General's Proffered Expert by Defendant Demmer Corporation. (Attachments: #1 Exhibit 2 - 8/15/13 emails between A. Keyes/M. Limrick)(Limrick, Michael)
November 8, 2013 Opinion or Order Filing 93 ENTRY for Magistrate Judge Roger B. cosbey: The unopposed #92 Motion for Extension of Time is granted. Pla's deadline to respond to Dft's Motion to Exclude Testimony is extended to 12/6/2013. So Ordered. (mr)
November 7, 2013 Opinion or Order Filing 92 MOTION for Extension of Time to File Response/Reply - with the Agreement of Demmer Corporation by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
November 6, 2013 Opinion or Order Filing 91 ORDER granting #90 Motion to Seal. Demmer Corporation's unredacted Brief in Support #89 shall remain under seal. Signed by Magistrate Judge Roger B Cosbey on 11/6/13. (smp)
November 5, 2013 Opinion or Order Filing 90 MOTION to Seal by Defendant Demmer Corporation. (Limrick, Michael)
November 5, 2013 Opinion or Order Filing 89 Sealed Document re #88 Brief in Support. (Attachments: #1 Exhibit 1 - Expert Report of Gregory S. Bingham, #2 Exhibit 2 - Excerpts from Deposition of Gregory S. Bingham)(Limrick, Michael)
November 5, 2013 Opinion or Order Filing 88 BRIEF in Support of #87 MOTION to exclude testimony of AM General's proffered expert (Redacted) filed by Demmer Corporation. (Limrick, Michael)
November 5, 2013 Opinion or Order Filing 87 MOTION to exclude testimony of AM General's proffered expert by Defendant Demmer Corporation. (Limrick, Michael)
October 23, 2013 Opinion or Order Filing 86 REPLY to Response to Motion re #84 MOTION To Schedule A Five-Day Bench Trial filed by AM General LLC. (LaDue, John)
October 21, 2013 Opinion or Order Filing 85 RESPONSE to Motion re #84 MOTION To Schedule A Five-Day Bench Trial filed by Demmer Corporation. (Limrick, Michael)
October 17, 2013 Opinion or Order Filing 84 MOTION To Schedule A Five-Day Bench Trial by Plaintiff AM General LLC, Counter Defendant AM General LLC. (LaDue, John)
October 16, 2013 Opinion or Order Filing 83 ORDER granting #82 Motion to Seal unredacted Brief in Support of its Motion for Summary Judgment and all of its exhibits shall remain under seal, except with respect to Exhibits 31, 32, and 290 which were attached to Plaintiff's Complaint and thus are already part of the public record and 511 #80 . Signed by Magistrate Judge Roger B Cosbey on 10/16/13. (smp) Modified on 10/18/2013 to add text (smp).
October 15, 2013 Opinion or Order Filing 82 MOTION to Seal by Defendant Demmer Corporation. (Limrick, Michael)
October 15, 2013 Opinion or Order Filing 81 Sealed Document re #79 MOTION for Summary Judgment . (Attachments: #1 Exhibit 31 - AMGs June 2009 RFQ, #2 Exhibit 32 - AMG Terms and Conditions, #3 Exhibit 33 - July 2009 Mills email, #4 Exhibit 73 - Pre-Negotiation memo, #5 Exhibit 76 - Aug. 2009 Mills-Tenlen emails, #6 Exhibit 80 - Sept. 2009 emails re audit, #7 Exhibit 84 - Nov. 2009 Fiess Audit Report on Demmer, #8 Exhibit 87 - Dec. 2009 Fiess Audit Report on Demmer, #9 Exhibit 88 - Dec. 18, 2009 Fiess email, #10 Exhibit 89 - Feb. 3, 2010 Fiess email, #11 Exhibit 91 - Feb. 2010 Change Blanket Contract, #12 Exhibit 93 - Nov. 2, 2010 Hodge-McConville emails, #13 Exhibit 95 - Nov. 2, 2010 Hodge email, #14 Exhibit 97 - Dec. 7-8, 2010 Hodge meeting minutes, #15 Exhibit 99 - June 28, 2011 Post-Negotiation Memo, #16 Exhibit 106 - Aug. 3, 2010 McConville email, #17 Exhibit 186 - Oct. 12, 2009 Hodge email, #18 Exhibit 232 - Dec. 2009 emails summarizing submissions, #19 Exhibit 235 - Jan. 25, 2010 Lentych email, #20 Exhibit 240 - 2007 Bi-Metal Door Purchase Orders, #21 Exhibit 244 - Jan. 2010 Castelluccio-Plude emails, #22 Exhibit 245 - Aug. 3, 2010 Hodge email, #23 Exhibit 250 - Jan. 7, 2011 Post-Negotiation Memo, #24 Exhibit 254 - Nov. 16, 2009 Fiess email, #25 Exhibit 256 - Dec. 17, 2009 Tenlen email, #26 Exhibit 260 - Dec. 9, 2009 Tenlen email, #27 Exhibit 263 - Dec. 2010 Fiess Audit Report, #28 Exhibit 268 - Nov. 5, 2010 AMG email to Government, #29 Exhibit 269 - Feb. 3, 2011 emails re DCAA, #30 Exhibit 276 - April 29, 2010 Castelluccio letter, #31 Exhibit 280 - Oct. 2010 DCAA and TACOM emails, #32 Exhibit 284 - Aug. 2, 2011 email re TACOM interest, #33 Exhibit 285 - Aug. 4, 2011 email re settlement details, #34 Exhibit 287 - Aug. 22, 2011 TACOM email re 2010, #35 Exhibit 288 - Aug. 22, 2011 AMG email re 2010, #36 Exhibit 290 - Sept. 9, 2011 AMG letter to Demmer, #37 Exhibit 295 - Nov. 5, 2009 Castelluccio email, #38 Exhibit 296 - Dec. 2009 DCAA report on AMG Proposal, #39 Exhibit 298 - May 2010 VECP Proposal, #40 Exhibit 300 - June 2010 letter rejecting VECP proposal, #41 Exhibit 301 - Sept. 2010 DCAA audit emails, #42 Exhibit 500 - Roger Mills Dep. Excerpts, #43 Exhibit 501 - Stephen Hodge Dep. Excerpts, #44 Exhibit 502 - Don Plude Dep. Excerpts, #45 Exhibit 503 - Rick Castelluccio Dep. Excerpts, #46 Exhibit 504 - Dean Fiess Dep. Excerpts, #47 Exhibit 505 - Tim Dargitz Dep. Excerpts, #48 Exhibit 506 - Todd Lentych Dep. Excerpts, #49 Exhibit 507 - Karl Tenlen Dep. Excerpts, #50 Exhibit 508 - Greg Daniels Dep. Excerpts, #51 Exhibit 509 - Anne McConville Dep. Excerpts, #52 Exhibit 510 - May 27, 2011 DCAA Audit Report, #53 Exhibit 512 - Greg Bingham Dep. Excerpts)(Limrick, Michael)
October 15, 2013 Opinion or Order Filing 80 BRIEF in Support of #79 MOTION for Summary Judgment (REDACTED) filed by Demmer Corporation. (Attachments: #1 Exhibit 511 - Declaration of Heather Shawa-DeCook)(Limrick, Michael)
October 15, 2013 Opinion or Order Filing 79 MOTION for Summary Judgment by Defendant Demmer Corporation. (Limrick, Michael)
October 11, 2013 Opinion or Order Filing 78 ORDER denying #76 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Roger B Cosbey on 10/11/13. (smp)
October 10, 2013 Opinion or Order Filing 77 ORDER REFERRING CASE to Magistrate Judge Roger B Cosbey for determination of all non-dispositive matters pursuant to 28 U.S.C. 636(b)(1)(A) and N. D. Ind. L.R. 72-1(b).. Signed by Judge William C Lee on 10/10/13. (jld)
October 10, 2013 Opinion or Order Filing 76 MOTION for Leave to File Excess Pages by Defendant Demmer Corporation. (Limrick, Michael)
October 10, 2013 Opinion or Order Filing 75 NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Christopher A Nuechterlein is now terminated. All further matters will now be handled by Judge William C Lee unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm)
September 23, 2013 Opinion or Order Filing 74 OPINION AND ORDER: DENYING #50 Motion for Judgment on the Pleadings. Signed by Judge William C Lee on 9/23/13. (jld)
September 19, 2013 Opinion or Order Filing 73 ORDER granting #72 Motion to Withdraw as Attorney. Attorney Nathan Lee Lundquist terminated. Signed by Magistrate Judge Christopher A Nuechterlein on 9/19/13. (slm)
September 18, 2013 Opinion or Order Filing 72 MOTION to Withdraw as Attorney (Withdraw Appearance of Nathan L. Lundquist) by Counter Claimant Demmer Corporation, Defendant Demmer Corporation. (Lundquist, Nathan)
September 5, 2013 Opinion or Order Filing 71 ORDER granting #68 Motion to Extend Rebuttal Expert Disclosure deadline by 7 days. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 9/27/2013. No further extensions will be granted. Signed by Magistrate Judge Christopher A Nuechterlein on 9/5/13. (smp)
September 4, 2013 Opinion or Order Filing 70 REPLY to Response to Motion re #68 MOTION Extend Rebuttal Expert Disclosure Deadline by Seven Days filed by Demmer Corporation. (Attachments: #1 Exhibit A - Aug. 20 and 21, 2013 emails between counsel, #2 Exhibit B - July 29, 2013 email from J. LaDue)(Limrick, Michael)
September 4, 2013 Opinion or Order Filing 69 RESPONSE to Motion re #68 MOTION Extend Rebuttal Expert Disclosure Deadline by Seven Days filed by AM General LLC. (LaDue, John)
September 3, 2013 Opinion or Order Filing 68 MOTION Extend Rebuttal Expert Disclosure Deadline by Seven Days by Defendant Demmer Corporation. (Limrick, Michael)
August 12, 2013 Opinion or Order Filing 67 ORDER granting #66 Motion to extend rebuttal expert report date. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 9/20/2013. Signed by Magistrate Judge Christopher A Nuechterlein on 8/12/13. (smp)
August 9, 2013 Opinion or Order Filing 66 Joint MOTION To Extend Rebuttal Expert Report Date by Plaintiff AM General LLC, Defendant Demmer Corporation. (Turner, Wayne)
August 8, 2013 Opinion or Order COUNTS III and IV of Counterclaim by Demmer Corporation are DISMISSED pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure pursuant to #65 Stipulation of Dismissal. (lns)
August 6, 2013 Opinion or Order Filing 65 Joint STIPULATION to Dismiss Counts III and IV of Demmer Corporation's Counterclaim by Counter Claimant Demmer Corporation, Counter Defendant AM General LLC. (Lundquist, Nathan)
July 26, 2013 Opinion or Order Filing 64 ORDER granting #63 Motion to Seal. Signed by Magistrate Judge Christopher A Nuechterlein on 7/26/13. (smp)
July 25, 2013 Opinion or Order Filing 63 MOTION to Seal Exhibit 1 to Demmer's Reply in Support of Motion to Judgment on Pleadings by Defendant Demmer Corporation. (Limrick, Michael)
July 25, 2013 Opinion or Order Filing 62 Sealed Document re #61 Reply to Response to Motion. (Limrick, Michael)
July 25, 2013 Opinion or Order Filing 61 REPLY to Response to Motion re #50 MOTION for Judgment on the Pleadings filed by Demmer Corporation. (Limrick, Michael)
July 25, 2013 Opinion or Order Filing 60 ORDER granting #57 Motion to Seal. Signed by Magistrate Judge Christopher A Nuechterlein on 7/25/13. (smp)
July 15, 2013 Opinion or Order Filing 59 Sealed Document re #50 MOTION for Judgment on the Pleadings . (LaDue, John)
July 15, 2013 Opinion or Order Filing 58 Sealed Document re #50 MOTION for Judgment on the Pleadings . (LaDue, John)
July 15, 2013 Opinion or Order Filing 57 MOTION to Seal by Plaintiff AM General LLC, Counter Defendant AM General LLC. (LaDue, John)
July 15, 2013 Opinion or Order Filing 56 RESPONSE to Motion re #50 MOTION for Judgment on the Pleadings - OPPOSITION filed by AM General LLC. (Attachments: #1 Declaration of Eric C. Wiener, #2 Exhibit Index, #3 Exhibit - D, #4 Exhibit - E, #5 Exhibit - F)(LaDue, John)
June 20, 2013 Opinion or Order Filing 55 ORDER granting #53 Motion for Extension of Time to File Response to motion for judgment on the pleadings #50 . Response to be filed by 7/15/2013. Signed by Magistrate Judge Christopher A Nuechterlein on 6/20/13. (cck)
June 20, 2013 Opinion or Order Filing 54 ORDER granting #52 Motion for Extension of Time to Complete Discovery Discovery deadline is 9/27/2013. Party bearing burden of proof expert witness disclosures and reports to be delivered by 08/09/2013. Rebuttal expert witness disclosures and reports to be delivered by 09/06/2013.. Signed by Magistrate Judge Christopher A Nuechterlein on 6/2013. (slm)
June 18, 2013 Opinion or Order Filing 53 MOTION for Extension of Time to File Response/Reply as to #50 MOTION for Judgment on the Pleadings with the agreement of Defendant Demmer Corporation by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
June 18, 2013 Opinion or Order Filing 52 Joint MOTION for Extension of Time to Complete Discovery by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
June 14, 2013 Opinion or Order Filing 51 BRIEF in Support of #50 MOTION for Judgment on the Pleadings filed by Demmer Corporation. (Limrick, Michael)
June 14, 2013 Opinion or Order Filing 50 MOTION for Judgment on the Pleadings by Defendant Demmer Corporation. (Limrick, Michael)
May 20, 2013 Opinion or Order Filing 49 ORDER granting #48 Motion clarify discovery deadlines. Party bearing burden of proof expert witness disclosures and reports to be delivered by 7/12/2013. Rebuttal expert witness disclosures and reports to be delivered by 8/9/2013. Signed by Magistrate Judge Christopher A Nuechterlein on 5.20.13. (slm)
May 16, 2013 Opinion or Order Filing 48 Joint MOTION re 46 Order on Motion for Extension of Time to Complete Discovery, Request to Clarify Deadlines for Serving Expert Disclosures by Plaintiff AM General LLC. (LaDue, John)
April 30, 2013 Opinion or Order Filing 47 ORDER granting #45 Motion to extend deadline. Dispositive motions to be filed by 10/15/2013. Signed by Magistrate Judge Christopher A Nuechterlein on 4/30/13. (slm)
April 30, 2013 Opinion or Order Filing 46 ORDER granting #44 Motion for Extension of Time to Complete Discovery. Discovery deadline is 9/13/2013. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 8/9/2013. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 7/12/2013. Signed by Magistrate Judge Christopher A Nuechterlein on 4/30/13. (slm)
April 29, 2013 Opinion or Order Filing 45 Joint MOTION to Continue Dispositive Motion Deadline by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
April 29, 2013 Opinion or Order Filing 44 Joint MOTION for Extension of Time to Complete Discovery by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
April 24, 2013 Opinion or Order Filing 43 ORDER granting 41 Application to Appear Pro Hac Vice of Attorney Cecil B Wilson PHV for AM General LLC,Cecil B Wilson PHV for AM General LLC. Signed by Magistrate Judge Christopher A Nuechterlein on 4/24/13. (smp)
April 24, 2013 Opinion or Order Filing 42 ORDER granting 40 Application to Appear Pro Hac Vice of Attorney Eric C Wiener PHV for AM General LLC,Eric C Wiener PHV for AM General LLC. Signed by Magistrate Judge Christopher A Nuechterlein on 4/24/13. (smp)
April 22, 2013 Opinion or Order Filing 41 APPLICATION for Attorney Cecil B Wilson to Appear Pro Hac Vice on behalf of AM General LLC ; Receipt #3006983. (smp)
April 22, 2013 Opinion or Order Filing 40 APPLICATION for Attorney Eric C Wiener to Appear Pro Hac Vice on behalf of AM General LLC ; Receipt #3006984. (smp)
March 19, 2013 Opinion or Order Filing 39 AGREED NOTICE to extend time to file discovery filed by Demmer Corporation; Responses to Interrogatories and Requests For Admissions to be filed by 4-4-13. (Limrick, Michael)
January 28, 2013 Opinion or Order Filing 38 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Christopher A Nuechterlein on 1/28/13. (smp)
January 22, 2013 Opinion or Order Filing 37 STIPULATION for Joint Discovery Protocol by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Drake, John)
January 22, 2013 Opinion or Order Filing 36 MOTION for Protective Order on Behalf of the Parties by Plaintiff AM General LLC, Counter Defendant AM General LLC. (Attachments: #1 Exhibit A - Proposed Stipulated Protective Order)(Drake, John)
November 13, 2012 Opinion or Order Filing 35 ORDER, ( Dispositive motions to be filed by 8/13/2013,). Signed by Judge William C Lee on 11/13/12. (smp)
October 25, 2012 Opinion or Order Filing 34 REPORT by AM General LLC Joint Report of Alternative Dispute Resolution & Mediator Selection. (Drake, John)
October 5, 2012 Opinion or Order Filing 33 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). Magistrate Consent forms due by 10/26/2012. (lyf)
September 26, 2012 Opinion or Order Filing 32 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/26/2012. before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty D Kendall, J Keyes, J LaDue. Dft appeared by atty W Turner, C Martin, J Jensen, R Kraus. Any amendments to the pleadings to be filed by 10/8/2012. Discovery deadline is 7/12/2013. Party bearing burden of proof expert witness disclosures and reports to be delivered by 5/10/2013. Rebuttall expert witness disclosures and reports to be delivered by 6/7/2013. Initial Disclosures to be exchanged by 10/8/2012. Mediator Selection Deadline is 10/26/2012. Magistrate Consent forms due by 10/17/2012. (slm)
September 21, 2012 Opinion or Order Filing 31 ORDER granting #30 Motion for Leave to Appear Telephonically at Pretrial Conference on 9/26/12. All counsel may attend via telephone. Court to initiate call.. Signed by Magistrate Judge Christopher A Nuechterlein on 9/21/12. (jld)
September 20, 2012 Opinion or Order Filing 30 MOTION for Leave to Appear telephonically at September 26, 2012 pretrial conference by Defendant Demmer Corporation. (Kraus PHV, Richard)
September 14, 2012 Opinion or Order Filing 29 ORDER granting 26 Application to Appear Pro Hac Vice of Attorney Charles R Marvin PHV for Demmer Corporation,Charles R Marvin PHV for Demmer Corporation. Signed by Magistrate Judge Christopher A Nuechterlein on 9/14/12. (smp)
September 14, 2012 Opinion or Order Filing 28 ORDER granting 27 Application to Appear Pro Hac Vice of Attorney Amy J Spencer PHV for Demmer Corporation,Amy J Spencer PHV for Demmer Corporation. Signed by Magistrate Judge Christopher A Nuechterlein on 9/14/12. (smp)
September 12, 2012 Opinion or Order Filing 27 APPLICATION for Attorney Amy J Spencer to Appear Pro Hac Vice on behalf of Demmer Corporation ; Receipt #3001731. (smp)
September 12, 2012 Opinion or Order Filing 26 APPLICATION for Attorney Charles R Marvin to Appear Pro Hac Vice on behalf of Demmer Corporation ; Receipt #3004730. (smp)
September 11, 2012 Opinion or Order Filing 25 REPORT of Rule 26(f) Planning Meeting. (LaDue, John)
September 6, 2012 Opinion or Order Filing 24 AM General's ANSWER to #11 Answer to Complaint, Counterclaim of Demmer Corporation, by AM General LLC.(Drake, John)
August 28, 2012 Opinion or Order Filing 23 ORDER granting 21 Application to Appear Pro Hac Vice of Attorney James B Jensen PHV for Demmer Corporation,James B Jensen PHV for Demmer Corporation. Signed by Magistrate Judge Christopher A Nuechterlein on 8/28/12. (smp)
August 28, 2012 Opinion or Order Filing 22 ORDER granting 20 Application to Appear Pro Hac Vice of Attorney Richard C Kraus PHV for Demmer Corporation,Richard C Kraus PHV for Demmer Corporation. Signed by Magistrate Judge Christopher A Nuechterlein on 8/28/12. (smp)
August 27, 2012 Opinion or Order Filing 21 APPLICATION for Attorney James B Jensen to Appear Pro Hac Vice on behalf of Demmer Corporation ; Receipt #3004628. (smp)
August 27, 2012 Opinion or Order Filing 20 APPLICATION for Attorney Richard C Kraus to Appear Pro Hac Vice on behalf of Demmer Corporation ; Receipt #3004629. (smp)
August 22, 2012 Opinion or Order Filing 19 ORDER granting 14 Application to Appear Pro Hac Vice of Attorney Jefferey D Bailey PHV for AM General LLC,Jefferey D Bailey PHV for AM General LLC. Signed by Magistrate Judge Christopher A Nuechterlein on 8/22/12. (smp)
August 22, 2012 Opinion or Order Filing 18 ORDER granting 13 Application to Appear Pro Hac Vice of Attorney J Andrew Keyes PHV for AM General LLC,J Andrew Keyes PHV for AM General LLC. Signed by Magistrate Judge Christopher A Nuechterlein on 8/22/12. (smp)
August 22, 2012 Opinion or Order Filing 17 ORDER granting 12 Application to Appear Pro Hac Vice of Attorney David E Kendall PHV for AM General LLC,David E Kendall PHV for AM General LLC. Signed by Magistrate Judge Christopher A Nuechterlein on 8/22/12. (smp)
August 22, 2012 Opinion or Order Filing 16 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm)
August 22, 2012 Opinion or Order Filing 15 ORDER Joint Proposed Discovery due by 9/11/2012. Rule 16 Preliminary Pretrial Conference set for 9/26/2012 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Magistrate Judge Christopher A Nuechterlein on 8/22/12. (slm)
August 20, 2012 Opinion or Order Filing 14 APPLICATION for Attorney Jefferey D Bailey to Appear Pro Hac Vice on behalf of AM General LLC ; Receipt #3004561. (smp)
August 20, 2012 Opinion or Order Filing 13 APPLICATION for Attorney J Andrew Keyes to Appear Pro Hac Vice on behalf of AM General LLC ; Receipt #3004562. (smp)
August 20, 2012 Opinion or Order Filing 12 APPLICATION for Attorney David E Kendall to Appear Pro Hac Vice on behalf of AM General LLC ; Receipt #3004563. (smp)
August 13, 2012 Opinion or Order Filing 11 ANSWER to #1 Complaint, Affirmative Defenses and, COUNTERCLAIM against AM General LLC by Demmer Corporation.(Limrick, Michael)
August 10, 2012 Opinion or Order Filing 10 NOTICE of Appearance by Nathan Lee Lundquist on behalf of Demmer Corporation (Lundquist, Nathan)
July 3, 2012 Opinion or Order Filing 9 Corporate Disclosure Statement by Demmer Corporation identifying Corporate Parent Demmer Holdings Inc. for Demmer Corporation.. (Limrick, Michael)
July 3, 2012 Opinion or Order Reset Answer Deadline: August 13, 2012 (kds)
July 2, 2012 Opinion or Order Filing 8 AGREED NOTICE to extend time to file answer filed by Demmer Corporation ; answer due by August 13, 2012. (Limrick, Michael)
July 2, 2012 Opinion or Order Filing 7 NOTICE of Appearance by Michael R Limrick on behalf of Demmer Corporation (Limrick, Michael)
July 2, 2012 Opinion or Order Filing 6 NOTICE of Appearance by Wayne C Turner on behalf of Demmer Corporation (Turner, Wayne)
June 25, 2012 Opinion or Order Filing 5 Summons Issued as to Demmer Corporation. (smp)
June 20, 2012 Opinion or Order Filing 4 Corporate Disclosure Statement by AM General LLC identifying Corporate Parent The Renco Group Inc, Corporate Parent MacAndrews AMG Holdings LLC, Corporate Parent MacAndrews & Forbes Holdings Inc for AM General LLC.. (smp)
June 20, 2012 Opinion or Order Filing 3 NOTICE of Appearance by John David LaDue on behalf of AM General LLC (smp)
June 20, 2012 Opinion or Order Filing 2 NOTICE of Appearance by John A Drake on behalf of AM General LLC (smp)
June 20, 2012 Opinion or Order Filing 1 COMPLAINT against Demmer Corporation (Filing fee $ 350.) Receipt #3004165, filed by AM General LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Civil cover sheet)(smp)

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Not classified by court: John R Van Winkle
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Plaintiff: AM General LLC
Represented By: C Bryan Wilson PHV
Represented By: David E Kendall PHV
Represented By: Eric C Wiener PHV
Represented By: J Andrew Keyes PHV
Represented By: Jefferey D Bailey PHV
Represented By: John A Drake
Represented By: John D LaDue
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Defendant: Demmer Corporation
Represented By: Michael R Limrick
Represented By: Wayne C Turner
Represented By: Amy J Spencer PHV
Represented By: Charles Rodney Marvin PHV, Jr
Represented By: James B Jensen PHV, Jr
Represented By: Nathan Lee Lundquist
Represented By: Richard Charles Kraus PHV
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