ANDY MOHR TRUCK CENTER, INC v. VOLVO TRUCKS NORTH AMERICA
Plaintiff: ANDY MOHR TRUCK CENTER, INC.
Defendant: VOLVO TRUCKS NORTH AMERICA, ANDY MOHR TRUCK CENTER and ANDREW F. MOHR
Case Number: 1:2012cv00448
Filed: April 5, 2012
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Denise K LaRue
Referring Judge: William T Lawrence
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2020 Filing 557 Clerk's Entry - Exhibits destroyed #556 on August 25, 2020. Signed by Clerk, Roger A.G. Sharpe. (JDH)
August 3, 2020 Filing 556 Clerk's Entry - Exhibits re #495 Jury Trial - Completed, #494 Jury Trial - Continues, #491 Jury Trial - Continues, #492 Jury Trial - Continues, #490 Jury Trial - Begun, #493 Jury Trial - Continues are released for pickup. Exhibits will be disposed of on 08/21/2020, if unclaimed. Signed by Clerk, Roger A.G. Sharpe. (JDH)
July 25, 2018 Filing 555 Appeal Record Returned (USCA #16-2788,16-2839): 1 CD containing 59 sealed documents. (Attachments: #1 Envelope)(LBT)
October 11, 2017 Filing 554 MANDATE of USCA as to #539 Notice of Cross Appeal filed by ANDY MOHR TRUCK CENTER, INC., #534 Notice of Appeal filed by VOLVO TRUCKS NORTH AMERICA (USCA #16-2788, 16-2839) - We therefore REVERSE the denial of judgment as a matter of law for Volvo, pursuant to Federal Rule of Civil Procedure 50(b), for the unfair discrimination claim that went to trial, and order that judgment be entered in Volvo's favor on this part of the case. We AFFIRM the court's summary judgment in Mohr's favor on the new-facility claim, and we AFFIRM its judgment under Rule 12(c) in Volvo's favor on the Mack claim. Each party is to bear its own costs on appeal. The above is in accordance with the decision of this court entered on this date. (MAT)
March 9, 2017 Filing 553 Appeal Remark re #539 Notice of Cross Appeal, #534 Notice of Appeal (USCA #16-2788, 16-2389): Supplemental record on appeal filed electronically. Contents of record: 1 CD containing; 41 vol. of oversized docs, 29 vol. of pleadings, and 9 vol. of transcripts. 1 CD containing; 59 vol. of sealed docs. (MAT)
March 8, 2017 Filing 552 Appeal Record Returned: One CD broken during shipping (USCA #16-2788 and 16-2839) (CBU)
February 28, 2017 Filing 551 Second Supplemental Record on Appeal transmitted to USCA via UPS re #539 Notice of Cross Appeal, #534 Notice of Appeal (USCA #16-2788 & 16-2839). Contents of Second Supplemental Record: 1 CD containing; 41 vol. of Oversized Docs., 29 vol. of Pleadings, and 9 vol. of Transcripts, and 1 CD containing; 59 vol. of Sealed Docs. (Attachments: #1 USCA Order)(MAT)
February 28, 2017 Opinion or Order Filing 550 ORDER of USCA as to #539 Notice of Cross Appeal filed by ANDY MOHR TRUCK CENTER, INC., #534 Notice of Appeal filed by VOLVO TRUCKS NORTH AMERICA (USCA #16-2788 & 16-2839) - The district court has transmitted the record on appeal to this court on a single CD that includes both sealed and unsealed materials, and the parties ask this court to maintain certain documents on the CD under seal in this court. In order to permit the remaining documents to be placed in the public record, the clerk of this court shall return the CD with the record to the district court, and the district court shall resend the record on two separate CDs, one containing the documents to be placed in the public record and the other containing only the documents to be maintained under seal in this court. Because oral argument in this appeal is scheduled for April 5, 2017, it is requested that the district court retransmit the record before that date. (MAT)
December 30, 2016 Filing 549 Appeal Remark re #539 Notice of Cross Appeal, #534 Notice of Appeal (USCA #16-2788, 16-2839): Original record on appeal filed by USCA. Contents of record: 1 CD containing pleadings, sealed documents, oversized documents and transcripts. (LBT)
December 28, 2016 Filing 548 Certified and Transmitted Record on Appeal (1 CD) to US Court of Appeals, via UPS, re #534 Notice of Appeal (USCA #16-2788) and #539 Notice of Cross Appeal (USCA #16-2839). (Attachments: #1 Notice to Transmit Record)(LBT)
October 4, 2016 Filing 547 ENTRY ON MOTION TO STAY PENDING APPEAL - The Defendant's motion to stay #531 enforcement and execution of the judgment against it pending resolution of the appeal without posting a supersedeas bond is GRANTED. The stay also applies to the award of costs in favor of the Plaintiff, inasmuch as the Defendant's ultimate obligation for costs is as dependent on the outcome of the appeal as the damages are. (See Entry.) Signed by Judge William T. Lawrence on 10/4/2016. (BRR)
July 12, 2016 Filing 546 SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by ANDY MOHR TRUCK CENTER, INC. re #539 Notice of Cross Appeal, #534 Notice of Appeal (MacGill, Robert)
July 11, 2016 Filing 545 DESIGNATION of Record on Appeal by VOLVO TRUCKS NORTH AMERICA re #539 Notice of Cross Appeal, #534 Notice of Appeal (Attachments: #1 Exhibit A - 1:12-cv-00701 Docket markup, #2 Exhibit B - 1:12-cv-00448 Docket markup)(Riley, James)
July 11, 2016 Filing 544 SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by VOLVO TRUCKS NORTH AMERICA for proceedings held on 7/6/15; 7/28/15; 8/10/15-8/17/15 before Judge Hon. William T. Lawrence, re #534 Notice of Appeal (Riley, James)
June 30, 2016 Filing 543 USCA Case Number 16-2839 for #539 Notice of Cross Appeal filed by ANDY MOHR TRUCK CENTER, INC. (MAG)
June 30, 2016 Filing 542 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #539 Notice of Cross Appeal. - for Court of Appeals Use Only. (MAG)
June 30, 2016 Filing 541 PARTIES' SHORT RECORD re #539 Notice of Cross Appeal - Instructions for Attorneys and Designation of Record information attached. (MAG)
June 30, 2016 Filing 540 DOCKETING STATEMENT by ANDY MOHR TRUCK CENTER, INC. re #539 Notice of Cross Appeal (MacGill, Robert)
June 30, 2016 Filing 539 NOTICE OF CROSS APPEAL as to #303 Order on Motion for Summary JudgmentOrder on Motion for Leave to FileOrder on Motion for Reconsideration, #506 Closed Judgment, #112 Order on Motion for Judgment on the Pleadings, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Filing fee $505, receipt number 0756-3953390) (MacGill, Robert)
June 29, 2016 Filing 538 USCA Case Number 16-2788 for #534 Notice of Appeal filed by VOLVO TRUCKS NORTH AMERICA. (LBT)
June 28, 2016 Filing 537 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #534 Notice of Appeal. - for Court of Appeals Use Only. (LBT)
June 28, 2016 Filing 536 PARTIES' SHORT RECORD re #534 Notice of Appeal - Instructions for Attorneys and Designation of Record information attached. (LBT)
June 27, 2016 Filing 535 DOCKETING STATEMENT by VOLVO TRUCKS NORTH AMERICA re #534 Notice of Appeal (Riley, James)
June 27, 2016 Filing 534 NOTICE OF APPEAL as to #505 Entry on Defendant's Motion for Directed Verdict, #506 Closed Judgment and #530 Order Denying Renewed Motion for Judgment as a Matter of Law, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Filing fee $505, receipt number 0756-3947623) (Riley, James) Modified on 6/27/2016 to reflect filing fee paid and receipt number (MAG). Modified on 6/28/2016 to create link to additional documents (LBT).
June 13, 2016 Filing 533 REPLY in Support of Motion re #531 MOTION to Stay Pending Appeal , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 8, 2016 Filing 532 RESPONSE in Opposition re #531 MOTION to Stay Pending Appeal , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(MacGill, Robert)
June 3, 2016 Filing 531 MOTION to Stay Pending Appeal, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
May 31, 2016 Opinion or Order Filing 530 ORDER denying #522 Renewed Motion for Judgment as a Matter of Law. Signed by Judge William T. Lawrence on 5/31/2016. (CBU)
October 15, 2015 Filing 529 REPLY in Support of Motion re #522 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Chaudhary, Stephanie)
October 5, 2015 Opinion or Order Filing 528 ORDER granting #524 Motion to Maintain Document Under Seal #525 SEALED Document. Signed by Magistrate Judge Denise K. LaRue on 10/5/2015. (CBU)
October 5, 2015 Filing 527 RESPONSE in Opposition re #522 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
September 24, 2015 Opinion or Order Filing 526 ORDER granting #508 Motion to Stay: IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that this action is hereby stayed, including enforcement and execution of final judgment entered on August 20, 2015, pending disposition of post-trial motions. Signed by Judge William T. Lawrence on 9/24/2015. (DW)
September 17, 2015 Filing 525 SEALED Memorandum in Support of Renewed, re #522 Motion for Judgment as a Matter of Law, #524 Motion to Seal Document/Maintain Document Under Seal, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Appendix SEALED)(Riley, James)
September 17, 2015 Filing 524 MOTION to Maintain Document Under Seal #523 Brief/Memorandum in Support of Motion (Dkt. 525), filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 SEALED Cover Sheet to Memo in support of Renewed Motion for JMOL, #2 SEALED Cover Sheet to Appendix to Memo in support of JMOL, #3 Text of Proposed Order)(Riley, James)
September 17, 2015 Filing 523 BRIEF/MEMORANDUM in Support re #522 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) REDACTED, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James)
September 17, 2015 Filing 522 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b), filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James)
September 9, 2015 Filing 521 TRANSCRIPT of Jury Trial, Volume 6, held on August 17, 2015, before Judge William T. Lawrence. (94 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/30/2015. Release of Transcript Restriction set for 12/8/2015. (Jones, Cathy) Released on 12/8/2015 (SWM).
September 9, 2015 Filing 520 TRANSCRIPT of Jury Trial-Instruction Conference held on August 14, 2015, before Judge William T. Lawrence. (17 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/30/2015. Release of Transcript Restriction set for 12/8/2015. (Jones, Cathy) Released on 12/8/2015 (SWM).
September 9, 2015 Filing 519 TRANSCRIPT of Jury Trial, Volume 5, held on August 14, 2015, before Judge William T. Lawrence. (49 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/30/2015. Release of Transcript Restriction set for 12/8/2015. (Jones, Cathy)Released on 12/8/2015 (SWM).
September 9, 2015 Filing 518 TRANSCRIPT of Jury Trial, Volume 4, held on August 13, 2015, before Judge William T. Lawrence. (270 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/30/2015. Release of Transcript Restriction set for 12/8/2015. (Jones, Cathy) Released on 12/8/2015 (SWM).
September 9, 2015 Filing 517 TRANSCRIPT of Jury Trial, Volume 3, held on August 12, 2015, before Judge William T. Lawrence. (173 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/30/2015. Release of Transcript Restriction set for 12/8/2015. (Jones, Cathy) Released on 12/8/2015 (SWM).
September 9, 2015 Filing 516 TRANSCRIPT of Jury Trial, Volume 2, held on August 11, 2015, before Judge William T. Lawrence. (244 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/30/2015. Release of Transcript Restriction set for 12/8/2015. (Jones, Cathy) Released on 12/8/2015 (SWM).
September 9, 2015 Filing 515 TRANSCRIPT of Jury Trial, Volume 1, held on August 10, 2015 before Judge William T. Lawrence. (122 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/30/2015. Release of Transcript Restriction set for 12/8/2015. (Jones, Cathy) Released on 12/8/2015 (SWM).
September 9, 2015 Filing 514 NOTICE of FILING of OFFICIAL TRANSCRIPT of Jury Trial held before Judge William T. Lawrence on August 10-17, 2015 (Jones, Cathy)
September 9, 2015 Filing 513 SEALED TRANSCRIPT of Jury Trial-Voir Dire held on August 10, 2015 before Judge William T. Lawrence. (112 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). (Jones, Cathy)
September 9, 2015 Filing 512 NOTICE of FILING of OFFICIAL TRANSCRIPT under SEAL of Voir Dire held before Judge William T. Lawrence on August 10, 2015, (Jones, Cathy)
September 4, 2015 Opinion or Order Filing 511 ORDER SEALING VOIR DIRE TRANSCRIPT: Accordingly, after considering and rejecting other alternatives, the court orders the original unredacted transcript of the voir dire proceedings be filed under seal, subject to a motion to unseal for good cause shown ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 9/4/2015.(DW)
September 4, 2015 Filing 510 REPLY in Support of Motion re #508 MOTION to Stay Pending Disposition of Post-Trial Motions , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James)
September 4, 2015 Filing 509 RESPONSE in Opposition re #508 MOTION to Stay Pending Disposition of Post-Trial Motions , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (MacGill, Robert)
September 3, 2015 Filing 508 MOTION to Stay Pending Disposition of Post-Trial Motions, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
August 28, 2015 Filing 507 BILL OF COSTS by ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Affidavit Affidavit Supporting Bill of Costs, #2 Exhibit Exhibit A to Affidavit - Itemization of Costs, #3 Exhibit Exhibit B to Affidavit - Invoices)(Rumer, Justin)
August 20, 2015 Filing 506 CLOSED JUDGMENT: The Court, having granted a motion for judgment on the pleadings on some claims, having granted a motion to dismiss on some claims, and having granted summary judgment on some claims, HEREBY ENTERS JUDGMENT in favor of Andy Mohr Truck Center, Inc., and Andrew Mohr and against Volvo Trucks North America on all claims contained in Volvo Trucks North America's Complaint. The Court, having granted a motion for judgment on the pleadings on some claims, having granted a motion to dismiss on some claims, and having granted summary judgment on some claims, HEREBY ENTERS JUDGMENT in favor of Volvo Trucks North America and against Andy Mohr Truck Center on all claims contained in Andy Mohr Truck Center's Complaint, except the claim brought pursuant to the Indiana Deceptive Franchise Practices Act for price discrimination. The jury, having rendered a verdict in favor of Andy Mohr Truck Center on its claim brought pursuant to the Indiana Deceptive Franchise Practices Act for price discrimination, the Court HEREBY ENTERS JUDGMENT in favor of Andy Mohr Truck Center and against Volvo Trucks North America in the amount of $6,500,000.00. Signed by Judge William T. Lawrence on 8/20/2015.(DW)
August 20, 2015 Filing 505 ENTRY ON DEFENDANT'S MOTION FOR DIRECTED VERDICT: The Court now DENIES Volvo's motion for a directed verdict (Dkt. Nos. 484 and 486) ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 8/20/2015. (DW)
August 20, 2015 Filing 504 UNREDACTED DOCUMENT regarding #503 Jury Verdict. (CMC)
August 20, 2015 Filing 503 JURY VERDICT. Redacted form. (CMC)
August 19, 2015 Filing 502 ENTRY ON VARIOUS MOTIONS: This cause is before the Court on the Defendant's Supplemental Motion in Limine (Dkt. No. 451), Supplemental Motion in Limine (Dkt. No. 462), Motion to Exclude (Dkt. No. 470), and Motion to Quash Subpoena (Dkt. No. 480). The Court orally GRANTED all four motions during the trial in this cause. The Court now provides the following written explanation for that ruling ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 8/19/2015. (DW)
August 18, 2015 Opinion or Order Filing 501 ORDER REGARDING SEALING OF DEPOSITION TRANSCRIPTS: Both sides have filed portions of deposition transcripts to be used at trial. AMTC has filed a motion to maintain these transcripts under seal (Dkt. No. 417); Volvo has as well (Dkt. Nos. 420, 422, 432). The Court, having considered the motions and being duly advised, now GRANTS the motions (Dkt. Nos. 417, 420, 422, 432). IT IS HEREBY ORDERED that the following depositions transcripts shall remain under seal: Dkt. Nos. 416-1 through 416-22 (the entirely of Docket No. 416); Dkt. No. 418-2; Dkt. No. 418-3; Dkt. No. 418-4; Dkt. No. 418-15; Dkt. No. 418-18; Dkt. No. 418-19; and Dkt. No. 431. The Clerk shall UNSEAL the following deposition transcripts: Dkt. No. 418-1; Dkt. No. 418-5 through Dkt. No. 418-14; Dkt. No. 418-16; Dkt. No. 418-17; and Dkt. No. 418-20. Signed by Judge William T. Lawrence on 8/18/2015. (DW)
August 18, 2015 Filing 500 REPLY in Support of Motion re #486 Second MOTION for Directed Verdict , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A. PowerPoint slide RE 8.24.11 and 8.25.11 RSA concessions, #2 Exhibit B. PowerPoint Slide RE Ex 1245 more concessions, #3 Exhibit C. PowerPoint slide RE AMTC received greater RSA concessions than other dealers, #4 Exhibit D. PowerPoint slide RE AMTC received greater RSA concessions than requested, #5 Exhibit E. PowerPoint slide RE no sale with more concessions)(Riley, James)
August 18, 2015 Opinion or Order Filing 499 ENTRY ON DEFENDANT'S MOTION TO SEAL PLAINTIFF'S POWERPOINT DEMONSTRATIVE EXHIBIT: This cause is before the Court on Volvo's Motion to Seal Exhibit A to its Objections to Plaintiff's Amended PowerPoint Demonstrative Exhibit (Dkt. No. 477). The Court, having considered the motion and being duly advised, now GRANTS the motion (Dkt. No. 477). IT IS HEREBY ORDERED that Dkt. No. 476-1 (Exhibit A) shall remain under seal. Signed by Judge William T. Lawrence on 8/18/2015. (DW)
August 18, 2015 Opinion or Order Filing 498 ORDER REGARDING SEALING OF FEDERAL RULE OF EVIDENCE 1006 SUMMARIES: The Court, having considered the motions and being duly advised, now GRANTS the motions (Dkt. Nos. 460, 465, 467, and 474). IT IS HEREBY ORDERED that the entirety of Docket Nos. 459, 464, 466, and 473 (the summaries) shall remain under seal. Signed by Judge William T. Lawrence on 8/18/2015. (DW)
August 18, 2015 Opinion or Order Filing 497 ORDER. The jury in this cause is committed to the custody of the Court's Bailiff. It is ordered that the United States District Court Clerk furnish meals for eight jurors at the expense of the United States of America. Signed by Judge William T. Lawrence on 8/17/2015Signed by Judge William T. Lawrence on 8/17/2015.(CMC)
August 18, 2015 Filing 496 Final Jury Instructions as given on 8/17/15. (CMC)
August 18, 2015 Filing 495 Minute Entry for proceedings held before Judge William T. Lawrence: Jury Trial completed on 8/17/2015. Plaintiff appears by its representative and by counsel; defendant appears by its representative and by counsel; and the trial continues. Final arguments are made. Copies of the final instructions and verdict form are distributed to the jurors; the Court reads the final instructions and verdict form to the jury. The Court gives closing instructions. The bailiff, Cara Chittenden, who is to take charge of the jury, is duly sworn. The jury retires to conduct its deliberations. The jury returns to open court and states it has reached a verdict. The verdict is read aloud and accepted by the Court. The jury is discharged. Court is adjourned. (Court Reporter Cathy Jones.) (CMC)
August 18, 2015 Filing 494 Minute Entry for proceedings held before Judge William T. Lawrence: Jury Trial continues on 8/14/2015. Plaintiff appears by its representative and by counsel; Defendant appears by its representative and by counsel; and the trial continues. Defendant continues the presentation of its evidence by the testimony of Evan Guy and documentary evidence. Defendant rests. There is no rebuttal evidence. Outside the presence of the jury, Defendant renews its motion for a directed verdict. The Court takes the motion under advisement. The Court hears arguments on final jury instructions. At the time for adjournment, the jury is admonished and permitted to separate until 9:00 a.m. on August 17, 2015. (Court Reporter Cathy Jones.) (CMC)
August 18, 2015 Filing 493 Minute Entry for proceedings held before Judge William T. Lawrence: Jury Trial continues on 8/13/2015. Plaintiff appears by its representative and by counsel; defendant appears by its representative and by counsel; and the trial continues. Plaintiff continues the presentation of its evidence by the testimony of Gary Kleinrichert and documentary evidence. Plaintiff rests. Outside the presence of the jury, Defendant moves for directed verdict. The Court takes the motion under advisement. Defendant begins the presentation of its evidence by the testimony of Laurence Cook, Terrell Billings, and documentary evidence. At the time for adjournment, the jury is admonished and permitted to separate. Court is adjourned until 9:00 a.m. on August 14, 2015. (Court Reporter Cathy Jones.) (CMC)
August 18, 2015 Filing 492 Minute Entry for proceedings held before Judge William T. Lawrence: Jury Trial continues on 8/12/2015. Plaintiff appears by its representative and by counsel; defendant appears by its representative and by counsel; and the trial continues. Plaintiff continues the presentation of its evidence with the testimony of Dennis Slagle, Ron Huibers, Patrice Dawson, Scott Kress, Douglas Friend, Hugh Johnston, Richard Faulkner, Gary Kleinrichert, and documentary evidence. Outside the presence of the jury, the Court hears argument and grants Defendant's Supplemental Motions in Limine, Motion to Exclude Testimony, and Emergency Motion to Quash Subpoena. At the time for adjournment, the jury is admonished and permitted to separate. Court is adjourned until 9:00 a.m. on August 13, 2015. (Court Reporter Cathy Jones.) (CMC)
August 18, 2015 Filing 491 Minute Entry for proceedings held before Judge William T. Lawrence: Jury Trial continues on 8/11/2015. Plaintiff appears by its representative and by counsel; defendant appears by its representative and by counsel; and the trial continues. Plaintiff continues with the testimony of Gary Vaughn, Andy Mohr, Dennis Slagle, and documentary evidence. At the time for adjournment, the jury is admonished and permitted to separate. Court is adjourned until 9:00 a.m. on August 12, 2015. (Court Reporter Cathy Jones.) (CMC)
August 18, 2015 Filing 490 Minute Entry for proceedings held before Judge William T. Lawrence: Jury Trial held on 8/10/2015. Plaintiff appears by its representative and by counsel; Defendant appears by its representative and by counsel; and the trial begins. Those persons regularly drawn and summoned as prospective jurors are duly sworn and examined and the jury selected to try this action is sworn. The Court gives the jury its preliminary instructions. The parties make opening statements. Plaintiff begins the presentation of its evidence. At the time for adjournment the jury is admonished and permitted to separate. Court is adjourned until 9:00 a.m. on August 11, 2015. (Court Reporter Cathy Jones.) (CMC)
August 17, 2015 Filing 489 ENTRY REGARDING DEFENDANT'S MOTION FOR A DIRECTED VERDICT: At the close of the Plaintiff's case, the Defendant moved for a directed verdict pursuant to Federal Rule of Civil Procedure 50(a). See Dkt. No. 484. The Defendant renewed its motion at the close of all the evidence. See Dkt. No. 486. The Court hereby TAKES UNDER ADVISEMENT the motion and renewed motion at this time. Signed by Judge William T. Lawrence on 8/17/2015. (DW)
August 17, 2015 Filing 488 NOTICE of Filing of Transcripts of Witnesses' Deposition Testimony Presented to the Jury During Trial by ANDY MOHR TRUCK CENTER, INC. (Attachments: #1 Exhibit Conaghan testimony, #2 Exhibit Hogberg testimony, #3 Exhibit Slagle testimony, #4 Exhibit Huibers May 31, 2013 testimony, #5 Exhibit Huibers April 22, 2014 testimony, #6 Exhibit Dawson testimony, #7 Exhibit Kress testimony, #8 Exhibit Friend testimony, #9 Exhibit Johnston testimony) (MacGill, Robert)
August 17, 2015 Filing 487 RESPONSE in Opposition re #486 Second MOTION for Directed Verdict, #484 MOTION for Directed Verdict , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit Hogberg testimony, #2 Exhibit Cook testimony, #3 Exhibit Vaughn testimony, #4 Exhibit Faulkner testimony, #5 Exhibit Dawson tesitmony, #6 Exhibit Kress testimony, #7 Exhibit Huibers testimony, #8 Exhibit Slagle testimony, #9 Exhibit Billings testimony, #10 Exhibit Conaghan testimony)(MacGill, Robert)
August 15, 2015 Filing 486 Second MOTION for Directed Verdict, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order on Defendant's Renewed Motion for Directed Verdict)(Jarrett, David)
August 13, 2015 Filing 485 OBJECTION to Volvo's Proposed Trial Exhibits 1245A Through 1245M by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
August 13, 2015 Filing 484 MOTION for Directed Verdict, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order Order on Defendant's Motion for Directed Verdict)(Donley, Billy)
August 12, 2015 Filing 483 Proposed Inference Jury Instructions, filed by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
August 11, 2015 Filing 482 RESPONSE in Opposition re #451 Supplemental MOTION in Limine , #462 Supplemental MOTION in Limine , #470 MOTION to Exclude Ron Meyering's Video Deposition Testimony and Related Exhibit 3 and Objection , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit Ex. A-Meyering Deposition Transcript Excepts and Exhibit)(MacGill, Robert)
August 10, 2015 Filing 481 BRIEF/MEMORANDUM in Support re #480 Emergency MOTION to Quash Subpoena to Testify and Produce Documents in a Civil Action and for Protective Order , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James)
August 10, 2015 Filing 480 Emergency MOTION to Quash Subpoena to Testify and Produce Documents in a Civil Action and for Protective Order, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A - Subpoena to Testify and Produce Documents at Trial in a Civil Action to David Winner, #2 Text of Proposed Order)(Riley, James)
August 10, 2015 Filing 479 Preliminary Jury Instructions as given on 8/10/15. (CMC)
August 10, 2015 Filing 478 Exhibit List Joint Trial Exhibit List, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James)
August 10, 2015 Filing 477 MOTION to Maintain Document Under Seal #476 Submission Exhibit A (Dkt. 476-1) to Defendant's Objections to Plaintiff's PowerPoint Demonstrative, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
August 10, 2015 Filing 476 Submission of Defendant's Objections to Plaintiff's PowerPoint Demonstrative Exhibit, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Cover Sheet for Sealed Document Sealed Ex A - AMTC's PowerPoint Demonstrative Exhibit)(Riley, James)
August 10, 2015 Filing 475 Exhibit List , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
August 9, 2015 Filing 474 MOTION to Maintain Document Under Seal #473 SEALED Document Defendant's F.R.E. 1006 Summary Exhibits, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
August 9, 2015 Filing 473 SEALED Defendant's F.R.E. 1006 Summary Exhibits, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit Ex 1241 - Line Chart (Month of, Month Before, and Month After) excludes Penske and Ryder, #2 Exhibit Ex 1241 A - Line Chart (excludes Penske and Ryder), #3 Exhibit Ex 1241 B - Line Chart (excludes Penske, Ryder, Swift, and National Freight, #4 Exhibit Ex 1241 C - Line Chart (includes entire data set), #5 Exhibit Ex 1242 - RSA Response Comparison, #6 Exhibit Ex 1243 - Subject RSA vs. Alleged Comparator RSA Charts (excludes Penske, Ryder, Swift, and National Freight), #7 Exhibit Ex 1243 A - Subject RSA vs. Alleged Comparator Charts (excludes Penske and Ryder), #8 Exhibit Ex 1243 B - Subject RSA vs. Alleged Comparator Charts (includes all alleged Comparators), #9 Exhibit Ex 1244 - Subject RSA vs. Alleged Comparator Charts (includes Dealer Comments and final Approval Comments))(Riley, James)
August 9, 2015 Filing 472 Submission of Declaration of Terrell Billings, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1. Declaration of Terrell Billings)(Riley, James)
August 9, 2015 Filing 471 BRIEF/MEMORANDUM in Support re #470 MOTION to Exclude Ron Meyering's Video Deposition Testimony and Related Exhibit 3 and Objection , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James)
August 9, 2015 Filing 470 MOTION to Exclude Ron Meyering's Video Deposition Testimony and Related Exhibit 3 and Objection, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A. Exhibit from Meyering Video Depo, #2 Exhibit B. Meyering deposition transcript, #3 Exhibit C. Order 7.1.15 dkt. 151, #4 Text of Proposed Order)(Riley, James)
August 8, 2015 Filing 469 Exhibit List Fourth Amended, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
August 7, 2015 Filing 468 Exhibit List Third Amended, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
August 7, 2015 Filing 467 MOTION to Maintain Document Under Seal #466 SEALED Document Defendant's F.R.E. 1006 Summary Exhibits, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
August 7, 2015 Filing 466 SEALED Defendant's F.R.E. 1006 Summary Exhibits, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1. RSA Response Comparison, #2 Exhibit 2. FRE 1006 Exhibits, #3 Exhibit 3. Final Exhibit Numbers with RP, #4 Exhibit 4. Final Exhibit Numbers without Nationals, #5 Exhibit 5. Final Exhibit Numbers without RP, #6 Exhibit 6. Aggregate RSA Comparison)(Riley, James)
August 6, 2015 Filing 465 MOTION to Maintain Document Under Seal #464 SEALED Document Submission of Amended Federal Rule of Evidence 1006 Exhibits, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Seal)(MacGill, Robert)
August 6, 2015 Filing 464 SEALED Submission of Amended Federal Rule of Evidence 1006 Exhibits, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit Contract Transport, #2 Exhibit Central Transport, #3 Exhibit Prime Inc., #4 Exhibit Celadon 96331, #5 Exhibit Celadon 96315, #6 Exhibit Celadon 123316, #7 Exhibit Central Trucking, #8 Exhibit Cassens, #9 Exhibit Vitran, #10 Exhibit Duke, #11 Exhibit Mason and Mefford, #12 Exhibit Online Transport, #13 Exhibit Pro Trans (Mina Leasing))(MacGill, Robert)
August 6, 2015 Filing 463 ENTRY ON EXHIBIT AND DEPOSITION DESIGNATION OBJECTIONS: The Court GRANTS Volvo's Motion for Pretrial Ruling on Defendant's Objections to Plaintiff's Proposed Exhibits (Dkt. No. 396) and GRANTS AMTC's Motion for Pretrial Ruling on Objections to Defendant's Proposed Exhibits (Dkt. No. 408). As a reminder, counsel are to be in Courtroom 202 by 8:00 a.m. on Monday, August 10, 2015 ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 8/6/2015. (DW)
August 6, 2015 Filing 462 Supplemental MOTION in Limine , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit E. File-marked Affidavit of Ron Meyering, #2 Exhibit F. Email correspondence)(Riley, James)
August 5, 2015 Filing 461 OBJECTION to Plaintiff's 1006 Summary Exhibits by VOLVO TRUCKS NORTH AMERICA. Related document: #459 SEALED Document filed by ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit Proposed Preliminary Jury Instruction)(Riley, James)
August 5, 2015 Filing 460 MOTION to Maintain Document Under Seal #459 SEALED Document Notice of FRE 1006 Exhibits, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order Order Granting Motion to Seal)(MacGill, Robert)
August 5, 2015 Filing 459 SEALED Notice of FRE 1006 Summary Exhibits, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit Contract Transport, #2 Exhibit Central Transport, #3 Exhibit Prime, #4 Exhibit Celadon 96331, #5 Exhibit Celadon 96315, #6 Exhibit Celadon 123316, #7 Exhibit Central Trucking, #8 Exhibit Cassens, #9 Exhibit Vitran, #10 Exhibit Duke Energy, #11 Exhibit Mason and Mefford, #12 Exhibit Online Transport, #13 Exhibit Pro Trans)(MacGill, Robert)
August 4, 2015 Filing 458 NOTICE of Appearance by Dennis P. Stolle on behalf of Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Stolle, Dennis)
August 3, 2015 Opinion or Order Filing 457 ORDER VACATING TELEPHONIC STATUS CONFERENCE - This matter had been scheduled for a telephonic status conference for today, August 3, 2015 at 1:30 p.m. for purposes of addressing a discovery dispute. Earlier this morning, Magistrate Judge Ellen S. Carmody of the U.S. District Court for the Western District of Michigan held a hearing on Ron Meyering's Emergency Motion to Quash Subpoena to Testify and Produce Documents and granted in part and denied in part the motion. Judge Carmody's ruling moots the need for today's telephonic status conference in this action and the same is now VACATED. Signed by Magistrate Judge Denise K. LaRue on 8/3/2015.(REO)
August 3, 2015 Filing 456 RESPONSE , re #449 Notice (Other), filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
August 3, 2015 Filing 455 TRANSCRIPT of Status Conference held on 7/28/15 before Judge William T. Lawrence. (22 pages.) Court Reporter/Transcriber: Amy Doman/Connor Reporting (Telephone: 317-632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/24/2015. Release of Transcript Restriction set for 11/2/2015. (Howie-Walters, Laura)
August 3, 2015 Filing 454 NOTICE of FILING of OFFICIAL TRANSCRIPT of Status Conference held before Judge William T. Lawrence on 07/28/15 (Howie-Walters, Laura)(Amy Doman, Connor Reporting, Temporary Contract Reporter)
August 3, 2015 Filing 453 ENTRY VACATING TELEPHONIC STATUS CONFERENCE Scheduled for 8/3/2015 at 1:30 p.m. (see Entry). Signed by Magistrate Judge Denise K. LaRue on 8/3/2015.(SWM)
August 1, 2015 Filing 452 NOTICE of Plaintiff's Objections and Counterdesignations to Defendant's Designations of Sue Ann Smith and Other Volvo Witnesses, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC., re #450 Notice (Other). (MacGill, Robert)
July 31, 2015 Filing 451 Supplemental MOTION in Limine , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A. Notice of Deposition to Ron Meyering, #2 Exhibit B. Subpoena to Ron Meyering, #3 Exhibit C. Notice of Deposition to Volvo Trucks, #4 Exhibit D. Subpoena to Volvo Trucks, #5 Text of Proposed Order)(Riley, James)
July 30, 2015 Filing 450 NOTICE Defendant's Revised Table of Deposition Designations, filed by Defendant VOLVO TRUCKS NORTH AMERICA (Jarrett, David)
July 30, 2015 Filing 449 NOTICE Defendant's Request for Leave of Court to Have Its Direct Examination by Deposition Incorporated into Plaintiff's Case-in-Chief, filed by Defendant VOLVO TRUCKS NORTH AMERICA (Jarrett, David)
July 30, 2015 Filing 448 NOTICE Defendant's Amended Objections to Plaintiff's Amended Trial Exhibit List, filed by Defendant VOLVO TRUCKS NORTH AMERICA (Jarrett, David)
July 30, 2015 Filing 447 Exhibit List Second Amended, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
July 30, 2015 Filing 446 NOTICE of Filing Revised Deposition Designation Chart Pursuant to 7/28/15 Status Conference by ANDY MOHR TRUCK CENTER, INC. (MacGill, Robert)
July 30, 2015 Filing 445 Exhibit List Revised Pursuant to 7/28/15 Status Conference, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
July 29, 2015 Filing 444 Minute Entry for status conference held before Judge William T. Lawrence 7/28/15.***See Entry***. Jury Trial set to begin Monday, August 10, 2015 at 8:00a.m. in Room 202 of the U.S. Courthouse in Indianapolis, Indiana. (CMC)
July 29, 2015 Filing 443 The Court's Proposed Jury Instructions are contained herein. Any objections shall be filed on or before Monday, August 3, 2015. Signed by Judge William T. Lawrence on 7/29/15. (CMC)
July 29, 2015 Filing 442 NOTICE of Joint Stipulation Regarding Issue Instruction, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC. (MacGill, Robert)
July 29, 2015 Filing 441 NOTICE of Joint Stipulation, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC. (MacGill, Robert)
July 27, 2015 Opinion or Order Filing 440 SCHEDULING ORDER: Status Conference set for 7/28/2015 at 01:00 PM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Counsel should be prepared to discuss the joint issue instruction, proposed stipulation, and outstanding deposition and exhibit objections. Signed by Judge William T. Lawrence on 7/27/2015.(MAC)
July 24, 2015 Opinion or Order Filing 439 ORDER granting #427 Motion to Appear pro hac vice. Attorney Thomas D. Warren for VOLVO TRUCKS NORTH AMERICA added. Copy to Thomas D. Warren via US Mail. Signed by Magistrate Judge Denise K. LaRue on 7/24/2015. (SWM)
July 24, 2015 Filing 438 NOTICE of Filing Amended Objections and Counter-Designations to Plaintiff's Deposition Designations and Designations on Deposition of Sue Ann Smith by VOLVO TRUCKS NORTH AMERICA (Jarrett, David)
July 24, 2015 Filing 437 NOTICE of Filing Proposed Issue Instruction by VOLVO TRUCKS NORTH AMERICA (Attachments: #1 Exhibit 1- Proposed Issue Instruction) (Jarrett, David)
July 24, 2015 Filing 436 NOTICE of Filing Statement Re: Dkt. No. 426 by VOLVO TRUCKS NORTH AMERICA (Attachments: #1 Exhibit 1-Proposed Statement) (Jarrett, David)
July 24, 2015 Filing 435 Exhibit List (Amended), filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
July 24, 2015 Filing 434 NOTICE of Filing Revised Objections to Plaintiff's Proposed Trial Exhibits by VOLVO TRUCKS NORTH AMERICA (Jarrett, David)
July 24, 2015 Filing 433 NOTICE of Filing Redacted Exhibit: Sue Ann Smith Dep Excerpts by VOLVO TRUCKS NORTH AMERICA (Attachments: #1 Exhibit 1- Redacted Sue Ann Smith Dep Excerpts) (Jarrett, David)
July 24, 2015 Filing 432 MOTION to Maintain Document Under Seal #431 SEALED Document Sue Ann Smith Dep Excerpts Dkt. No. 431-1, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
July 24, 2015 Filing 431 SEALED Cover Sheet: Defendant's Amended Notice of Witnesses to be Called by Deposition, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-Sue Ann Smith Dep Excerpts)(Jarrett, David)
July 24, 2015 Filing 430 NOTICE Regarding Joint Stipulation, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC. (Attachments: #1 Exhibit Statement to Jury) (MacGill, Robert)
July 24, 2015 Filing 429 NOTICE of Joint Issue Instruction, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC. (Attachments: #1 Exhibit Proposed Issue Instruction) (MacGill, Robert)
July 24, 2015 Filing 428 OBJECTION to Defendant's Amended Exhibit List by ANDY MOHR TRUCK CENTER, INC.. Related document: #372 Exhibit List filed by VOLVO TRUCKS NORTH AMERICA.(MacGill, Robert)
July 23, 2015 Filing 427 MOTION for Attorney(s) Thomas D. Warren to Appear pro hac vice (Filing fee $30, receipt number 0756-3539154), filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
July 22, 2015 Filing 426 ENTRY Regarding Deposition Designations - The parties shall file the stipulation on or before Friday, July 24, 2015, or, if they are unable to agree to one, a notice to the Court outlining their respective positions with regard to this information. The Court reiterates that the current deposition designations go beyond what is necessary to accomplish this task and exceed what the Court will permit. **SEE ENTRY** Signed by Judge William T. Lawrence on 7/22/2015.(AH)
July 20, 2015 Filing 425 ENTRY ON DEFENDANT'S REMAINING MOTIONS IN LIMINE - ***SEE ENTRY FOR DETAILS***. Signed by Judge William T. Lawrence on 7/20/2015.(DW)
July 16, 2015 Filing 424 TRANSCRIPT of Final Pretrial Conference held on July 6, 2015 before Judge William T. Lawrence. (55 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/6/2015. Release of Transcript Restriction set for 10/14/2015. (Jones, Cathy) Released on 10/14/2015 (SWM).
July 16, 2015 Filing 423 NOTICE of FILING of OFFICIAL TRANSCRIPT of Final Pretrial Conference held before Judge William T. Lawrence on July 6, 2015 (Jones, Cathy)
July 15, 2015 Filing 422 First MOTION to Unseal Document Exhibits previously filed with Defendants Motion to Seal Deposition Transcripts Marked for Trial, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order DEFENDANTS MOTION FOR PARTIAL WITHDRAWAL OF REQUEST FOR SEALING OF EXHIBITS)(Jarrett, David)
July 15, 2015 Filing 421 NOTICE of Filing Redacted Exhibits by VOLVO TRUCKS NORTH AMERICA (Attachments: #1 Exhibit Conaghan part 2 Redacted Excerpts, #2 Exhibit Dawson part 1 Redacted Excerpts, #3 Exhibit Dawson part 2 Redacted Excerpts, #4 Exhibit Roy Vol 2 Redacted Excerpts, #5 Exhibit Slagle part 3 Redacted Excerpts, #6 Exhibit Slagle part 4 Redacted Excerpts) (Jarrett, David)
July 13, 2015 Filing 420 MOTION to Seal Deposition Transcript Excerpts, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
July 13, 2015 Filing 419 NOTICE Table of Witnesses to be Called by Deposition, filed by Defendant VOLVO TRUCKS NORTH AMERICA, re #418 SEALED Document. (Jarrett, David)
July 13, 2015 Filing 418 SEALED Notice of Filing of Deposition Transcripts Marked for Trial, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 *UNSEALED per Doc #501* Exhibit Conaghan part 1 Excerpts, #2 Exhibit 1 -Conaghan part 2 Excerpts, #3 Exhibit 2 - Dawson part 1 Excerpts, #4 Exhibit 2- Dawson part 2 Excerpts, #5 *UNSEALED per Doc #501* Exhibit 3 - Friend part 1 Excerpts, #6 *UNSEALED per Doc #501* Exhibit 3 - Friend part 2 Excerpts, #7 *UNSEALED per Doc #501* Exhibit 4 - Higgins part 1 Excerpts, #8 *UNSEALED per Doc #501* Exhibit 4 - Higgins part 2 Excerpts, #9 *UNSEALED per Doc #501* Exhibit 5- Hogberg vol 1 Excerpts, #10 *UNSEALED per Doc #501* Exhibit 6 - Hogberg vol 2 Excerpts, #11 *UNSEALED per Doc #501* Exhibit 7- Johnston vol 1 part 1 Excerpts, #12 *UNSEALED per Doc #501* Exhibit 7- Johnston vol 1 part 2 Excerpts, #13 *UNSEALED per Doc #501* Exhibit 8- Johnston vol 2 Excerpts, #14 *UNSEALED per Doc #501* Exhibit 9 - Roy Excerpts, #15 Exhibit 10- Roy vol 2 Excerpts, #16 *UNSEALED per Doc #501* Exhibit 11- Slagle part 1 Excerpts, #17 *UNSEALED per Doc #501* Exhibit 11- Slagle part 2 Excerpts, #18 Exhibit 11- Slagle part 3 Excerpts, #19 Exhibit 11- Slagle part 4 Excerpts, #20 *UNSEALED per Doc #501* Exhibit 12- Mirts Excerpts)(Jarrett, David) Modified on 8/18/2015 (DW).
July 13, 2015 Filing 417 MOTION to Maintain Document Under Seal #416 SEALED Document Notice of Witnesses to Testify via Deposition in Andy Mohr Truck Center's Case in Chief, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
July 13, 2015 Filing 416 SEALED Notice of Witnesses to Testify via Deposition in Andy Mohr Truck Center's Case in Chief, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit 1-Table of Designations and Objections, #2 Exhibit 2-Billings Annotated Transcript, #3 Exhibit 3-Conaghan Annotated Transcript, #4 Exhibit 4-Dawson Annotated Transcript, #5 Exhibit 5-Fitzpatrick 5-21-13 Annotated Transcript, #6 Exhibit 6-Fitzpatrick 5-22-13 Annotated Transcript, #7 Exhibit 7-Fitzpatrick 3-27-14 Annotated Transcript, #8 Exhibit 8-Fitzpatrick 4-10-14 Annotated Transcript, #9 Exhibit 9-Friend Annotated Transcript, #10 Exhibit 10-Guy 3-27-14 Annotated Transcript, #11 Exhibit 11-Guy 4-10-14 Annotated Transcript, #12 Exhibit 12-Higgins Annotated Transcript, #13 Exhibit 13-Hogberg 6-12-13 Annotated Transcript, #14 Exhibit 14-Hogberg 6-13-13 Annotated Transcript, #15 Exhibit 15-Huibers 5-31-13 Annotated Transcript, #16 Exhibit 16-Huibers 4-22-14 Annotated Transcript, #17 Exhibit 17-Johnston 1-16-13 Annotated Transcript, #18 Exhibit 18-Johnston 1-17-13 Annotated Transcript, #19 Exhibit 19-Kress Annotated Transcript, #20 Exhibit 20-Roy 4-8-14 Annotated Transcript, #21 Exhibit 21-Roy 4-9-14 Annotated Transcript, #22 Exhibit 22-Slagle Annotated Transcript)(MacGill, Robert)
July 8, 2015 Filing 415 REPLY in Support of Motion re #381 MOTION in Limine and Trial Brief No. 1, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
July 7, 2015 Opinion or Order Filing 414 ORDER GRANTING IN PART PLAINTIFF'S MOTION TO SEAL: The Court, having considered Andy Mohr Truck Center Inc.'s Motion to Seal Unredacted and Unredacted Trial Exhibit List and being duly advised, now GRANTS IN PART the motion (Dkt. No. 392). IT IS HEREBY ORDERED that Andy Mohr Truck Center Inc.'s Unredacted trial brief (Dkt. No. 390) shall remain under seal. The Clerk shall unseal Andy Mohr Truck Center Inc.'s Trial Exhibit List (Dkt. No. 391). Signed by Judge William T. Lawrence on 7/7/2015. (DW)
July 7, 2015 Filing 413 MINUTE ORDER for Final Pretrial Conference held before Judge William T. Lawrenceon 7/6/2015. ***See Entry***. Jury trial to commence on August 10, 2015 in Courtroom 202, U.S. Courthouse, Indianapolis, Indiana. (Court Reporter Cathy Jones.)(CMC)
July 2, 2015 Filing 412 ENTRY ON DEFENDANT'S MOTION IN LIMINE: This cause is before the Court on Volvo's Motion in Limine (Dkt. No. 381). The motion is fully briefed and the Court, being duly advised, resolves it as set forth below ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 7/2/2015. (DW)
June 30, 2015 Filing 411 ENTRY REGARDING EXHIBIT OBJECTIONS - The parties shall bring copies of any exhibits that remain in dispute to the final pretrial conference so the Court can review them and issue a ruling prior to trial. The exhibits should be contained in a three-ring binder with appropriately-numbered tabs. Signed by Judge William T. Lawrence on 6/30/2015.(AH)
June 29, 2015 Filing 410 OBJECTION s and Counterdesignations to Volvo's Deposition Designations by ANDY MOHR TRUCK CENTER, INC.. Related document: #379 Notice (Other) filed by VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1 Excerpts from Walker Dep., #2 Exhibit 2 - Excerpts from Smith Dep., #3 Exhibit 3 - Excerpts from Ruble Dep., #4 Exhibit 4 - Excerpts from Miller Dep., #5 Exhibit 5 - Excerpts from Ross Dep., #6 Exhibit 6 - Mohr Truck's Counterdesignations and Specific Objections to Volvo's Designations)(MacGill, Robert)
June 29, 2015 Filing 409 Exhibit List Supplement to Mohr Truck's Exhibit List at Dkt. 391 (sealed), filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 29, 2015 Filing 408 MOTION for Pre-Trial Ruling on Objections to Defendant's Proposed Exhibits, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit 1 - Mohr Truck's Objections to Volvo's Proposed Exhibits, #2 Text of Proposed Order)(MacGill, Robert)
June 29, 2015 Filing 407 OBJECTION to Defendant's Proposed Exhibits by ANDY MOHR TRUCK CENTER, INC.. Related document: #372 Exhibit List filed by VOLVO TRUCKS NORTH AMERICA.(MacGill, Robert)
June 29, 2015 Filing 406 NOTICE of Request to Separate Witnesses, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC. (MacGill, Robert)
June 29, 2015 Filing 405 OBJECTION to Defendant's Proposed Voir Dire by ANDY MOHR TRUCK CENTER, INC.. Related document: #382 Proposed Voir Dire filed by VOLVO TRUCKS NORTH AMERICA.(MacGill, Robert)
June 29, 2015 Filing 404 OBJECTION to Defendant's Proposed Jury Instructions by ANDY MOHR TRUCK CENTER, INC.. Related document: #385 Proposed Jury Instructions filed by VOLVO TRUCKS NORTH AMERICA, #384 Instruction filed by VOLVO TRUCKS NORTH AMERICA, #383 Proposed Jury Instructions filed by VOLVO TRUCKS NORTH AMERICA.(MacGill, Robert)
June 29, 2015 Filing 403 RESPONSE in Opposition re #381 MOTION in Limine and Trial Briefs Nos. 1 - 7, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 29, 2015 Filing 402 RESPONSE to Plaintiff's Trial Brief (dkt 390), re #390 SEALED Document, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
June 29, 2015 Filing 401 OBJECTION S TO PLAINTIFF'S PROPOSED PRELIMINARY & FINAL JURY INSTRUCTIONS & SPECIAL VERDICT by VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
June 29, 2015 Filing 400 OBJECTION S to Plaintiff's Proposed Voir Dire by VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
June 29, 2015 Filing 399 OBJECTION S to Plaintiff's Trial Witness List by VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
June 29, 2015 Filing 398 OBJECTION S and Counter-Designations to Plaintiff's Deposition Designations by VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
June 29, 2015 Filing 397 OBJECTION s to Plaintiff's Proposed Exhibits by VOLVO TRUCKS NORTH AMERICA. Related document: #396 MOTION for Pretrial Ruling on Defendant's Objections to Plaintiff's Proposed Exhibits filed by VOLVO TRUCKS NORTH AMERICA.(Jarrett, David)
June 29, 2015 Filing 396 MOTION for Pretrial Ruling on Defendant's Objections to Plaintiff's Proposed Exhibits, filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
June 24, 2015 Filing 395 BRIEF/MEMORANDUM in Support re #392 MOTION to Seal Document #390 SEALED Document, #391 SEALED Document , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
June 23, 2015 Filing 394 REDACTION to #391 SEALED Document Trial Exhibit List by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 23, 2015 Filing 393 REDACTION to #390 SEALED Document Trial Brief by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 22, 2015 Filing 392 MOTION to Seal Document #390 SEALED Document, #391 SEALED Document , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
June 22, 2015 Filing 391 ***UNSEALED PER #414 ORDER*** SEALED Trial Exhibit List, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC. (MacGill, Robert) Modified on 7/8/2015 (DW).
June 22, 2015 Filing 390 SEALED Trial Brief, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 22, 2015 Filing 389 Submission Deposition Page and Line Designations, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 22, 2015 Filing 388 Proposed Voir Dire by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 22, 2015 Filing 387 Proposed Jury Instructions, filed by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 22, 2015 Filing 386 Witness List , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
June 22, 2015 Filing 385 Proposed Final Jury Instructions, filed by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 384 INSTRUCTION Special Verdict Form by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 383 Proposed Preliminary Jury Instructions, filed by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 382 Proposed Voir Dire by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 381 MOTION in Limine , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Riley, James)
June 22, 2015 Filing 380 TRIAL BRIEF No. 7 Operating Under the Same Dealer Agreement and RSA Policy is Not Proof of "Similarly Situated" Under the IDFPA by VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1. to Trial Brief No. 7)(Riley, James)
June 22, 2015 Filing 379 NOTICE of Submission of Page/Line Designations, filed by Defendant VOLVO TRUCKS NORTH AMERICA (Attachments: #1 1-Page/Line Designation of Dennis Slagle, #2 2-Page/Line Designation of Fredrik Hogberg, #3 3-Page/Line Designation of Stephen Roy, #4 4-Page/Line Designation of Brian Higgins, #5 Page/Line Designation of John Conaghan, #6 6-Page/Line Designation of Thomas Ruble, #7 7-Page/Line Designation of Daniel Mirts, #8 8-Page/Line Designation of Andrew Jeanor, #9 9-Page/Line Designation of Mark Smith, #10 10-Page/Line Designation of Charles Walker, #11 11-Page/Line Designation of Douglas Friend, #12 12-Page/Line Designation of Gary Miller, #13 13-Page/Line Designation of Christopher Ross, #14 14-Page/Line Designation of Richard Faulkner) (Jarrett, David)
June 22, 2015 Filing 378 TRIAL BRIEF No. 6 Plaintiff is Not Entitled to Recover Its Attorney's Fees by VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit No. 1 to Trial Brief No. 6)(Riley, James)
June 22, 2015 Filing 377 TRIAL BRIEF No. 5 Dissimilar Trucks Cannot Be Compared to One Another As Proof of "Unfair Discrimination" Under the IDFPA by VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1. to Trial Brief No. 5, #2 Exhibit 2. to Trial Brief No. 5, #3 Exhibit 3. to Trial Brief No. 5)(Riley, James)
June 22, 2015 Filing 376 TRIAL BRIEF No. 4 Volvo's Alleged Unlawful Motives Are Irrelevant and Inadmissible by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 375 TRIAL BRIEF No. 3 AMTC's Intended Application of the IDFPA is Preempted by the Robinson-Patman Act by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 374 TRIAL BRIEF No. 2 Liability Cannot Be Based On The Concessions To Non-Franchisees by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 373 TRIAL BRIEF No. 1 The Indiana Deceptive Franchise Practices Act is a Statute of Exclusive Domestic Application by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 372 Exhibit List , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 22, 2015 Filing 371 Witness List , filed by Defendant VOLVO TRUCKS NORTH AMERICA. (Riley, James) Modified on 6/22/2015 (MAC).
June 19, 2015 Opinion or Order Filing 370 ORDER granting #367 Motion to Appear pro hac vice. Attorney Guenther Karl Fanter for VOLVO TRUCKS NORTH AMERICA added. Signed by Magistrate Judge Denise K. LaRue on 6/19/2015. (CBU)
June 19, 2015 Filing 369 NOTICE of Appearance by Alexander Pape Orlowski on behalf of Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Orlowski, Alexander)
June 17, 2015 Opinion or Order Filing 368 ORDER granting Parties' #366 Joint Motion Requesting Extension of Pretrial Deadline to File Demonstrative Exhibits. The parties' deadline to exchange demonstrative exhibits will be extended to and including July 31, 2015. Signed by Judge William T. Lawrence on 6/17/2015. (BGT)
June 16, 2015 Filing 367 MOTION for Attorney(s) Guenther Karl Fanter to Appear pro hac vice (Filing fee $30, receipt number 0756-3496054), filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
June 12, 2015 Filing 366 Joint MOTION for Extension of Time to July 31, 2015 to Exchange Demonstrative Exhibits, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(MacGill, Robert)
May 6, 2015 Opinion or Order Filing 365 ENTRY ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Volvo's motion for summary judgment (Dkt. No. 313) is DENIED. Volvo's motion for leave to file an amended answer (Dkt. No. 352) is DENIED AS MOOT. This cause remains set for trial to begin on Monday, August 10, 2015. The parties are reminded of their pretrial preparation deadlines contained in Docket No. 56. SEE ORDER. Signed by Judge William T. Lawrence on 5/6/2015. (BGT)
April 17, 2015 Opinion or Order Filing 364 SCHEDULING ORDER: Due to the Court's trial calendar, the Jury Trial previously set for June 22, 2015 is hereby VACATED AND RESCHEDULED for August 10, 2015 at 9:00 a.m. The Final Pretrial Conference previously scheduled for May 22, 2015 at 11:00 a.m. is VACATED AND RESCHEDULED for July 6, 2015 at 2:00 p.m. Both proceedings shall be conducted in Courtroom 202, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. (DW)
March 27, 2015 Opinion or Order Filing 363 AMENDED ORDER - This matter is before the Court on the above-referenced Motion filed by Plaintiff to seal documents designated "confidential" by Defendant. [Dkt. #357 ]. the Court GRANTS Plaintiff's Motion. [Dkt. 357.] The Clerk is directed to maintain the provisional seal on the first set of documents above and lift the provisional seal on Dkt. 356-4. Signed by Magistrate Judge Denise K. LaRue on 3/27/2015.(MGG)
March 25, 2015 Opinion or Order Filing 362 ORDER granting #357 Motion to Seal Document #355 and #354 . The Clerk is directed to maintain the provisional seal on the first set of documents above and lift the provisional seal on Dkt 355-4. Signed by Magistrate Judge Denise K. LaRue on 3/25/2015. (CBU)
March 25, 2015 Opinion or Order Filing 361 ORDER granting #329 Motion to Seal Documents #327 and #324 (See Order for which documents and attachments should remain sealed). Signed by Magistrate Judge Denise K. LaRue on 3/25/2015. (CBU)
March 24, 2015 Filing 360 BRIEF/MEMORANDUM in Support re #357 MOTION to Seal Document #356 SEALED Document, #354 SEALED Document , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
March 24, 2015 Filing 359 REDACTION to #356 SEALED Document Redacted Exhibits to Surreply by ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit Faulkner Affidavit and Report Redacted, #2 Exhibit Vaughn Dep. Excerpts Redacted, #3 Exhibit Dep. Ex. 313 Redacted, #4 Exhibit Fourth Vaughn Affidavit Redacted, #5 Exhibit Dep. Ex. 241 Redacted, #6 Exhibit Smith Dep. Excerpts Redacted)(MacGill, Robert)
March 24, 2015 Filing 358 REDACTION to #354 SEALED Document Redacted Surreply by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
March 23, 2015 Filing 357 MOTION to Seal Document #356 SEALED Document, #354 SEALED Document , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
March 23, 2015 Filing 356 SEALED Exhibits, re #355 Designation of Evidence, #354 SEALED Document, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit 1 -- Affidavit of Richard Faulkner, #2 Exhibit 2 -- Vaughn Dep. Excerpts, #3 Exhibit 3 -- Dep. Ex. 313, #4 Exhibit 4 -- Affidavit of Gary Vaughn, #5 Exhibit 5 -- Dep. Ex. 241, #6 Exhibit 6 -- Smith Dep. Excerpts)(MacGill, Robert) Modified on 3/27/2015 (MGG).**EXHIBIT #4 UNSEALED PER ORDER #363 **
March 23, 2015 Filing 355 Designation of Evidence re #354 SEALED Document Surreply in Opposition to Volvo's Third Motion for Summary Judgment, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit 7 -- Declaration of Robert D. MacGill)(MacGill, Robert)
March 23, 2015 Filing 354 SEALED Surreply in Opposition, re #313 Motion for Summary Judgment, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
March 20, 2015 Filing 353 BRIEF/MEMORANDUM in Support re #352 MOTION for Leave to File Amended Answer to Plaintiff's Second Amended Complaint , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Riley, James)
March 20, 2015 Filing 352 MOTION for Leave to File Amended Answer to Plaintiff's Second Amended Complaint, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A. Amended Answer to Plt's 2nd Amended Complaint, #2 Text of Proposed Order)(Riley, James)
March 16, 2015 Opinion or Order Filing 351 ENTRY ON ANDY MOHR TRUCK CENTER'S #336 MOTION TO STRIKE, OR, IN THE ALTERNATIVE, FOR LEAVE TO FILE SURREPLY. Mohr Truck's motion to strike Volvo's Reply is DENIED. Mohr Truck's motion for leave to file a surreply is GRANTED. If Mohr Truck so desires, it shall file a surreply--that only addresses the aforementioned new arguments--within seven days of the date of this Entry. The Court does not anticipate any additional briefing on summary judgment. SEE ORDER. Signed by Judge William T. Lawrence on 3/16/2015. (BGT)
March 11, 2015 Filing 350 BRIEF/MEMORANDUM in Support re #329 First MOTION to Seal Document #327 SEALED Document, #324 SEALED Response to Motion , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
March 10, 2015 Opinion or Order Filing 349 ORDER granting #333 Motion to Seal Document re #332 SEALED Reply in support of Motion. **SEE ORDER**. Signed by Magistrate Judge Mark J. Dinsmore on 3/10/2015. (MGG)
March 10, 2015 Opinion or Order Filing 348 ORDER - This matter came before the Court on Defendant's #344 Motion to Seal Exhibit 20 to Defendant's Reply in Support of Motion for Summary Judgment (Dkt. 334-20). The Court, having considered the same and being duly advised, HEREBY GRANTS the motion and ORDERS that Exhibit 20 (Dkt. 334-20) be placed under seal and removed from public access. Signed by Magistrate Judge Denise K. LaRue on 3/10/2015. (MGG)
March 10, 2015 Opinion or Order Filing 347 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Settlement Conference held on 3/5/2015 - Resolution was not reached at this time but Defendant was ordered to keep its proposal open until the close of business on March 12, 2015. Signed by Magistrate Judge Denise K. LaRue. (REO)
March 9, 2015 Filing 346 NOTICE regarding motions to seal- The Court will allow defendant 7 days from the date of this Notice to file its Brief in Support of it's motion. Signed by Magistrate Judge Denise K. LaRue on 3/9/2015.(CBU)
March 2, 2015 Filing 345 REDACTION to #334 Reply in Support of Motion Exhibit 20 to Replace Dkt. 334-20 by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
March 2, 2015 Filing 344 MOTION to Seal Document #334 Reply in Support of Motion Exhibit 20 (Dkt. 334-20), filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
March 2, 2015 Opinion or Order Filing 343 ORDER granting #338 Motion to Seal Exhibit 23 (dkt 316-23) and removed from public access. Signed by Magistrate Judge Denise K. LaRue on 3/2/2015. (CBU)
February 26, 2015 Filing 342 EXHIBIT re #341 Redacted Document by ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit Ex. 2 - Friend Dep. Excerpts, #2 Exhibit Ex. 24 - Roy Dep. Excerpts, #3 Exhibit Ex. 38 - Mirts Dep. Excerpts, #4 Exhibit Ex. 66 - Foss Dep. Excerpts)(MacGill, Robert)
February 26, 2015 Filing 341 REDACTION to #327 SEALED Document, #324 SEALED Response to Motion by ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit Redacted Ex. 1 - Slagle Dep. Excerpts, #2 Exhibit Redacted Ex. 3 - Cook Dep. Excerpts, #3 Exhibit Redacted Ex. 12 - Dep. Ex. 18, #4 Exhibit Redacted Ex. 13 - Huibers Dep. Expcerts, #5 Exhibit Redacted Ex. 14 - Dep. Ex. 165, #6 Exhibit Redacted Ex. 15 - Vaughn Dep. Excerpts, #7 Exhibit Redacted Ex. 16 - Smith Dep. Excerpts, #8 Exhibit Redacted Ex. 17 - Guy Dep. Excerpts, #9 Exhibit Redacted Ex. 18 - Billings Dep. Excerpts, #10 Exhibit Redacted Ex. 19 - Dawson Dep. Excerpts, #11 Exhibit Redacted Ex. 20 - Fitzpatrick Dep. Excerpts, #12 Exhibit Redacted Ex. 21 - Dep. Ex. 277, #13 Exhibit Redacted Ex. 22 - Dep. Ex. 278, #14 Exhibit Redacted Ex. 23 - Dep. Ex. 279, #15 Exhibit Redacted Ex. 25 - Kress Dep. Excerpts, #16 Exhibit Redacted Ex. 27 - RSA Excerpt, #17 Exhibit Redacted Ex. 28 - Dep. Ex. 285, #18 Exhibit Redacted Ex. 29 - RSA Excerpt, #19 Exhibit Redacted Ex. 30 - Dep. Ex. 286, #20 Exhibit Redacted Ex. 31 - RSA Excerpt, #21 Exhibit Redacted Ex. 32 - RSA Excerpt, #22 Exhibit Redacted Ex. 33 - RSA Excerpt, #23 Exhibit Redacted Ex. 34 - Dep. Ex. 261, #24 Exhibit Redacted Ex. 35 - RSA Excerpt, #25 Exhibit Redacted Ex. 36 - RSA Excerpt, #26 Exhibit Redacted Ex. 37 - RSA Excerpt, #27 Exhibit Redacted Ex. 39 - RSA Excerpt, #28 Exhibit Redacted Ex. 40 - Dep. Ex. 262, #29 Exhibit Redacted Ex. 41 - RSA Excerpt, #30 Exhibit Redacted Ex. 42 - RSA Excerpt, #31 Exhibit Redacted Ex. 43 - Dep. Ex. 263, #32 Exhibit Redacted Ex. 44 - RSA Excerpt, #33 Exhibit Redacted Ex. 45 - RSA Excerpt, #34 Exhibit Redacted Ex. 46 - RSA Excerpt, #35 Exhibit Redacted Ex. 47 - RSA Excerpt, #36 Exhibit Redacted Ex. 48 - RSA Excerpt, #37 Exhibit Redacted Ex. 49 - RSA Excerpt, #38 Exhibit Redacted Ex. 50 - RSA Excerpt, #39 Exhibit Redacted Ex. 51 - RSA Excerpt, #40 Exhibit Redacted Ex. 52 - RSA Excerpt, #41 Exhibit Redacted Ex. 53 - RSA Excerpt, #42 Exhibit Redacted Ex. 54 - Dep. Ex. 144F, #43 Exhibit Redacted Ex. 55 - Dep. Ex. 144G, #44 Exhibit Redacted Ex. 56 - Dep. Ex. 214, #45 Exhibit Redacted Ex. 57 - Dep. Ex. 131, #46 Exhibit Redacted Ex. 58 - Custom Quote form, #47 Exhibit Redacted Ex. 59 - Dep. Ex. 130, #48 Exhibit Redacted Ex. 60 - Spreadsheet, #49 Exhibit Redacted Ex. 61 - Custom Quote form, #50 Exhibit Redacted Ex. 62 - Dep. Ex. 31, #51 Exhibit Redacted Ex. 63 - Dep. Ex. 133, #52 Exhibit Redacted Ex. 64 - Custom Quote form, #53 Exhibit Redacted Ex. 65 - Custom Quote form, #54 Exhibit Redacted Ex. 67 - RSA forms, #55 Exhibit Redacted Ex. 68 - Janis Dep. Excerpts)(MacGill, Robert)
February 26, 2015 Filing 340 REPLY in Support of Motion re #336 MOTION to Strike #332 SEALED Reply in support of Motion or, in the Alternative, for Leave to File Surreply , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
February 26, 2015 Filing 339 REDACTION to #316 Brief/Memorandum in Support of Motion Exhibit 23 to Replace Dkt. 316-23 by VOLVO TRUCKS NORTH AMERICA. (Riley, James)
February 26, 2015 Filing 338 MOTION to Seal Document #316 Brief/Memorandum in Support of Motion Exhibit 23 (Dkt. 316-23), filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Riley, James)
February 26, 2015 Filing 337 RESPONSE in Opposition re #336 MOTION to Strike #332 SEALED Reply in support of Motion or, in the Alternative, for Leave to File Surreply , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
February 24, 2015 Filing 336 MOTION to Strike #332 SEALED Reply in support of Motion or, in the Alternative, for Leave to File Surreply, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
February 24, 2015 Filing 335 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Settlement Conference held on 2/23/2015 - Resolution was not reached at this time but the conference shall reconvene on THURSDAY, MARCH 5, 2015, AT 10:30 A.M., in Room 255 of the U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Denise K. LaRue. (REO)
February 20, 2015 Filing 334 REPLY in Support of Motion re #313 MOTION for Summary Judgment REDACTED REPLY and REDACTED EXHIBITS, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 334-1: Guy Dep Ex. 280, #2 Exhibit 334-2: Guy Dep Excerpts, #3 Exhibit 334-3: RSA Excel, #4 Exhibit 334-4: Guy Declaration, #5 Exhibit 334-5: RSA Excerpts, #6 Exhibit 334-6: RSA Excerpts, #7 Exhibit 334-7: RSA Excerpts, #8 Exhibit 334-8: RSA Excerpts, #9 Exhibit 334-9: Purchased Coverage Matrix, #10 Exhibit 334-10: Purchased Coverage Matrix, #11 Exhibit 334-11: Purchased Coverage Matrix, #12 Exhibit 334-12: Purchased Coverage Matrix, #13 Exhibit 334-13: Purchased Coverage Matrix, #14 Exhibit 334-14: Purchased Coverage Matrix, #15 Exhibit 334-15: Purchased Coverage Matrix, #16 Exhibit 334-16: RSA Excerpts, #17 Exhibit 334-17: RSA Excerpts, #18 Exhibit 334-18: Walter Report Excerpt, #19 Exhibit 334-19: Mohr Dep Excerpt, #20 Exhibit 334-20: RSA Excerpts, #21 Exhibit 334-21: Vaughn Dep Excerpts)(Jarrett, David) Modified on 3/11/2015 (MGG). **EXHIBIT 20 Sealed per Order at #348 **
February 20, 2015 Filing 333 MOTION to Seal Document #332 SEALED Reply in support of Motion , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
February 20, 2015 Filing 332 SEALED REPLY in support of Motion re #313 MOTION for Summary Judgment , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 332-1: Guy Dep Excerpts, #2 Exhibit 332-3:RSA Excerpts, #3 Exhibit 332-4: Guy Declaration, #4 Exhibit 332-5:RSA Excerpts, #5 Exhibit 332-6:RSA Excerpts, #6 Exhibit 332-7:RSA Excerpts, #7 Exhibit 332-8:RSA Excerpts, #8 Exhibit 332-9: Purchased Coverage Matrix, #9 Exhibit 332-10:Purchased Coverage Matrix, #10 Exhibit 332-11:Purchased Coverage Matrix, #11 Exhibit 332-12:Purchased Coverage Matrix, #12 Exhibit 332-13:Purchased Coverage Matrix, #13 Exhibit 332-14:Purchased Coverage Matrix, #14 Exhibit 332-15:Purcahsed Coverage Matrix, #15 Exhibit 332-16: RSA Excerpts, #16 Exhibit 332-17:RSA Excerpts, #17 Exhibit 332-18:Walter Report Excerpt, #18 Exhibit 332-20:Mohr Dep Excerpt, #19 Exhibit 332-21: Vaughn Dep Excerpt)(Jarrett, David)
February 17, 2015 Filing 331 CERTIFICATE OF SERVICE by ANDY MOHR TRUCK CENTER, INC. re #328 Declaration Robert D. MacGill (MacGill, Robert)
February 13, 2015 Filing 330 DECLARATION of Justin D. Rumer re #327 SEALED Document, #324 SEALED Response to Motion by ANDY MOHR TRUCK CENTER, INC.. (Rumer, Justin)
February 13, 2015 Filing 329 First MOTION to Seal Document #327 SEALED Document, #324 SEALED Response to Motion , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
February 13, 2015 Filing 328 DECLARATION of Robert D. MacGill re #325 Designation of Evidence, #327 SEALED Document, #324 SEALED Response to Motion by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
February 13, 2015 Filing 327 SEALED Exhibits in Support of Opposition, re #325 Designation of Evidence, #324 SEALED Response to Motion, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit 1. Slagle Dep. Excerpts, #2 Exhibit 2. Friend Dep. Excerpts, #3 Exhibit 3. Cook Dep. Excerpts, #4 Exhibit 12. Dep. Ex. 18, #5 Exhibit 13. Huibers Dep. Excerpts, #6 Exhibit 14. Dep. Ex. 165, #7 Exhibit 15. Vaughn Dep. Excerpts, #8 Exhibit 16. Smith Dep. Excerpts, #9 Exhibit 17. Guy Dep. Excerpts, #10 Exhibit 18. Billings Dep. Excerpts, #11 Exhibit 19. Dawson Dep. Excerpts, #12 Exhibit 20. Fitzpatrick Dep. Excerpts, #13 Exhibit 21. Dep. Ex. 277, #14 Exhibit 22. Dep. Ex. 278, #15 Exhibit 23. Dep. Ex. 279, #16 Exhibit 24. Roy Dep. Excerpts, #17 Exhibit 25. Kress Dep. Excerpts, #18 Exhibit 27. RSA Excerpt, #19 Exhibit 28. Dep. Ex. 285, #20 Exhibit 29. RSA Excerpt, #21 Exhibit 30. Dep. Ex. 286, #22 Exhibit 31. RSA Excerpt, #23 Exhibit 32. RSA Excerpt, #24 Exhibit 33. RSA Excerpt, #25 Exhibit 34. Dep. Ex. 261, #26 Exhibit 35. RSA Excerpt, #27 Exhibit 36. RSA Excerpt, #28 Exhibit 37. RSA Excerpt, #29 Exhibit 38. Mirts Dep. Excerpt, #30 Exhibit 39. RSA Excerpt, #31 Exhibit 40. Dep. Ex. 263, #32 Exhibit 41. RSA Excerpt, #33 Exhibit 42. RSA Excerpt, #34 Exhibit 43. Dep. Ex. 263, #35 Exhibit 44. RSA Excerpt, #36 Exhibit 45. RSA Excerpt, #37 Exhibit 46. RSA Excerpt, #38 Exhibit 47. RSA Excerpt, #39 Exhibit 48. RSA Excerpt, #40 Exhibit 49. RSA Excerpt, #41 Exhibit 50 RSA Excerpt, #42 Exhibit 51. RSA Excerpt, #43 Exhibit 52. RSA Excerpt, #44 Exhibit 53. RSA Excerpt, #45 Exhibit 54. Dep. Ex. 144F, #46 Exhibit 55. Dep. Ex. 144G, #47 Exhibit 56. Dep. Ex. 214, #48 Exhibit 57. Dep. Ex. 131, #49 Exhibit 58. Custom Quote, #50 Exhibit 59. Dep. Ex. 130, #51 Exhibit 60. Custom Quote spreadsheet, #52 Exhibit 61. Custom Quote, #53 Exhibit 62. Dep. Ex. 283, #54 Exhibit 63. Dep. Ex. 133, #55 Exhibit 64. Custom Quote, #56 Exhibit 65. Custom Quote, #57 Exhibit 66. Foss Dep. Excerpts, #58 Exhibit 67. RSA Forms, #59 Exhibit 68. Janis Dep. Excerpts)(MacGill, Robert) Modified on 3/25/2015 (CBU) per order of 3/25/2015.
February 13, 2015 Filing 326 AFFIDAVIT Third Affidavit of Gary Vaughn by ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
February 13, 2015 Filing 325 Designation of Evidence re #324 SEALED Response to Motion For Summary Judgment, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit 4. Deposition Exhibit 9, #2 Exhibit 5. Excerpts of Johnston Deposition, #3 Exhibit 6. Excerpts of Mohr Deposition, #4 Exhibit 7. Excerpts of Higgins Deposition, #5 Exhibit 8. Email, #6 Exhibit 9. Deposition Exhibit 74, #7 Exhibit 10. Deposition Exhibit 192, #8 Exhibit 11. Deposition Exhibit 259, #9 Exhibit 26. Deposition Exhibit 234)(MacGill, Robert)
February 13, 2015 Filing 324 SEALED RESPONSE re #313 MOTION for Summary Judgment , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (MacGill, Robert)
February 12, 2015 Opinion or Order Filing 323 ORDER granting #322 Motion for Continuance. The Court HEREBY GRANTS the motion. The Jury Trial previously set for May 18, 2015 is vacated and rescheduled for the 22nd day of June, 2015 at 9:00 a.m. in Courtroom 202. The final pretrial conference is continued to the 22nd day of May, 2015 at 11:00 a.m. in the same location. Signed by Judge William T. Lawrence on 2/12/2015.(DW)
February 11, 2015 Filing 322 MOTION for Continuance (Verified), filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Donley, Billy)
February 3, 2015 Opinion or Order Filing 321 ORDER granting in part #320 Motion for Extension of Time. IT IS HEREBY ORDERED, that the deadline to respond to Volvo Trucks North America's Motion for Summary Judgment is extended up to and including 12:00 p.m. on February 13, 2015. IT IS FURTHER ORDERED that the deadline to reply to Andy Mohr Truck Center, Inc.'s response to Volvo Trucks North America's Motion for Summary Judgment is extended up to and including 12:00 p.m. on February 20, 2015. The final pretrial conference is hereby CONTINUED to May 1, 2015 at 10:00 a.m. in Courtroom 202 of the U.S. Courthouse, Indianapolis, Indiana. Signed by Judge William T. Lawrence on 2/3/2015.(DW)
February 2, 2015 Filing 320 Unopposed MOTION for Extension of Time to February 16, 2015 to file response to #313 MOTION for Summary Judgment , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(MacGill, Robert)
February 2, 2015 Opinion or Order Filing 319 ORDER ON VARIOUS PRETRIAL MOTIONS. For the reasons explained in this ORDER, Mohr Truck's #209 Motion in Limine, Mohr Truck's #256 Motion to Strike Second Rebuttal Report of Herbert Walter, and Volvo's #278 Motion to Strike/Exclude Expert Testimony of Gary Kleinrichert are all DENIED. SEE ORDER. Signed by Judge William T. Lawrence on 2/2/2015. (BGT)
January 26, 2015 Opinion or Order Filing 318 SCHEDULING ORDER: The Jury Trial previously set for April 20, 2015 is hereby RESCHEDULED for May 18, 2015 at 9:00 a.m. in Courtroom 202, Birch Bayh Federal Building and United States District Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The Final Pretrial Conference previously scheduled for March 26, 2015 is VACATED AND RESCHEDULED to April 20, 2015 at 2:00 p.m. in Room 202. Counsel shall be prepared to fully discuss the status of the action, including all matters requiring completion preparatory to trial. Counsel having primary trial responsibility shall attend the final pretrial in person. (DW)
January 23, 2015 Opinion or Order Filing 317 ORDER granting #315 Motion to Seal Document #314 SEALED MEMORANDUM IN SUPPORT. The Clerk is directed to maintain the provisional seal on the following documents: 314, 314-1, 314-2, 314-3, 314-4, 314-5, 314-6, 314-7, 314- 8, 314-9, 314-10, 314-11, 314-12, 314-13, 314-14, 314-15, 314-17, 314-18, 314-19, 314-20, 314-21, 314-22, 314-23, 314-24, 314-25, 314- 26, 314-27, 314-28, 314-29, 314-30, 314-31, and 314-32. Signed by Magistrate Judge Denise K. LaRue on 1/23/2015. (MGG)
January 16, 2015 Filing 316 BRIEF/MEMORANDUM in Support re #313 MOTION for Summary Judgment REDACTED, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-Jeanor Dep, #2 Exhibit 2-Sue Smith Dep, #3 Exhibit 3- Vaughn (vol I) Dep, #4 Exhibit 4-Vaughn (vol II) Dep, #5 Exhibit 5-Huibers (vol II) Dep, #6 Exhibit 6-Guy (vol I) Dep, #7 Exhibit 7-Cook Dep, #8 Exhibit 8-Sales Policy #1, #9 Exhibit 9-Billings Dep, #10 Exhibit 10-Roy Dep, #11 Exhibit 11-Slagle Dep, #12 Exhibit 12-Huibers (vol I) Dep, #13 Exhibit 13-Fitzpatrick (vol I) Dep, #14 Exhibit 14-Guy (vol II) Dep, #15 Exhibit 15-RSA Equalization Excerpt, #16 Exhibit 16-Kleinrichert Dep, #17 Exhibit 17-Fitzpatrick (vol II) Dep, #18 Exhibit 18-Mirts Dep, #19 Exhibit 19-Guy Dep Ex. 281, #20 Exhibit 20-Vaughn Dep Ex. 296, #21 Exhibit 21-RSA Excerpts, #22 Exhibit 22-RSA Excerpts, #23 Exhibit 23-RSA Excerpts, #24 Exhibit 24-RSA Excerpts, #25 Exhibit 25-RSA Excerpts, #26 Exhibit 26-RSA#94014, #27 Exhibit 27-Kress Dep, #28 Exhibit 28-Primary Transaction Summary on #94014, #29 Exhibit 29-RSA#95101, #30 Exhibit 30-Primary Transaction Summary on #95101, #31 Exhibit 31-RSA#94016, #32 Exhibit 32-Primary Transaction Summary on #94016)(Jarrett, David) Modified on 3/2/2015 (CBU)(Exhibit 23 sealed per order of 3/2/2015).
January 16, 2015 Filing 315 MOTION to Seal Document #314 SEALED Document Memorandum in Support of Motion for Summary Judgment, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
January 16, 2015 Filing 314 SEALED MEMORANDUM IN SUPPORT, re #313 Motion for Summary Judgment, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-Jeanor Dep., #2 Exhibit 2-Sue Smith Dep, #3 Exhibit 3-Vaughn (vol I) Dep, #4 Exhibit 4-Vaughn (vol II) Dep, #5 Exhibit 5- Huibers (vol II) Dep, #6 Exhibit 6-Guy (vol I) Dep, #7 Exhibit 7-Cook Dep, #8 Exhibit 8-Sales Policy #1, #9 Exhibit 9-Billings Dep, #10 Exhibit 10-Roy Dep, #11 Exhibit 11-Slagle Dep, #12 Exhibit 12-Huibers (vol I) Dep, #13 Exhibit 13- Fitzpatrick (vol I) Dep, #14 Exhibit 14-Guy (vol II) Dep, #15 Exhibit 15-RSA Equalization Excerpt, #16 Exhibit 17-Fitzpatrick (vol II) Dep, #17 Exhibit 18-Mirts Dep, #18 Exhibit 19-Guy Dep Ex. 281, #19 Exhibit 20-Vaughn Dep Ex 296, #20 Exhibit 21-RSA Excerpt, #21 Exhibit 22-RSA Excerpt, #22 Exhibit 23-RSA Excerpt, #23 Exhibit 24-RSA Excerpt, #24 Exhibit 25-RSA Excerpt, #25 Exhibit 26-RSA#94014, #26 Exhibit 27-Kress Dep, #27 Exhibit 28-Primary Transaction Summary on #94014, #28 Exhibit RSA#95101, #29 Exhibit 30-Primary Transaction Summary on #95101, #30 Exhibit 31-RSA#94016, #31 Exhibit 32-Primary Transaction Summary on #94016)(Jarrett, David)
January 16, 2015 Filing 313 MOTION for Summary Judgment , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
January 14, 2015 Opinion or Order Filing 312 SCHEDULING ORDER- Settlement Conference set for 2/23/2015 09:00 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 1/14/2015.(CBU)
January 13, 2015 Filing 311 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 1/8/2015 - Volvo reported that it is prepared to file a motion for summary judgment based on the Amended Complaint. Mohr vehemently objected. After hearing arguments from both sides, the Court overruled Mohr's objection and set the following expedited briefing schedule for Volvo's anticipated motion: Volvo shall file its Motion for Summary Judgment by January 16, 2015; Mohr shall file its response by February 6, 2015; and Volvo shall file a reply, if necessary, by February 13, 2015. The parties also discussed three motions pending before District Judge Lawrence. The Court advised the parties that if they would like these motions to be ruled upon by the Magistrate Judge, they may file a joint stipulation indicating such consent. The parties indicated they are willing to explore the resolution of the remaining claim in a settlement conference. The Court offered 9:30 a.m. on February 27, 2015, for a settlement conference and advised the parties to check with their respective clients and report back to the court as soon as possible. The alternate date of 9:30 a.m. on March 2, 2015 was offered as a back-up. If another alternative date is needed, the parties shall together contact Court Room Deputy Ruth Olive at (317) 229-3930. Signed by Magistrate Judge Denise K. LaRue. (REO)
December 5, 2014 Filing 310 ANSWER to #304 Amended Complaint , filed by VOLVO TRUCKS NORTH AMERICA.(Jarrett, David)
December 2, 2014 Opinion or Order Filing 309 ORDER denying #305 MOTION to Strike #304 Amended Complaint. These arguments are more appropriately made in a motion in limine. Signed by Judge William T. Lawrence on 12/2/2014. (JHO)
November 7, 2014 Filing 308 REPLY in Support of Motion re #305 MOTION to Strike #304 Amended Complaint , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
November 3, 2014 Filing 307 RESPONSE in Opposition re #305 MOTION to Strike #304 Amended Complaint , filed by Plaintiff ANDY MOHR TRUCK CENTER, INC.. (Attachments: #1 Exhibit A -- Revised Second Amended Complaint)(MacGill, Robert)
October 15, 2014 Filing 306 BRIEF/MEMORANDUM in Support re #305 MOTION to Strike #304 Amended Complaint , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A - Text of Proposed Paragraphs to Strike)(Jarrett, David)
October 15, 2014 Filing 305 MOTION to Strike #304 Amended Complaint , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
October 2, 2014 Filing 304 AMENDED COMPLAINT against VOLVO TRUCKS NORTH AMERICA, filed by ANDY MOHR TRUCK CENTER. (Attachments: #1 Exhibit Exhibit 1 - Dealer Sales and Service Agreement)(MacGill, Robert)
September 25, 2014 Filing 303 ENTRY ON VARIOUS MOTIONS: For clarity's sake, the Court has resolved the pending motions as follows: Volvo's motion for summary judgment (dkt. no. 141) is GRANTED IN PART AND DENIED IN PART. Volvo's motion to limit expert testimony (dkt. no. 143) is DENIED. Volvo's supplemental motion for summary judgment (dkt. no. 160) is DENIED AS MOOT. The Defendants' motion for summary judgment (dkt. no. 179) is GRANTED. Mohr Truck's motion for leave to file its second amended complaint (dkt. no. 234) is GRANTED IN PART and DENIED IN PART. Mohr Truck should file its new complaint--that only adds the price discrimination claim--within seven days of the date of this Entry. Volvo's motion to reconsider (dkt. no. 245) is GRANTED as to Count IV and DENIED as to Count II of Mohr Truck's complaint. Count IV of Mohr Truck's complaint, the breach of contract claim, is DISMISSED ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 9/25/2014. (DW)
August 21, 2014 Filing 302 ENTRY FOR AUGUST 21, 2014: In light of the motions that have recently become ripe, on the court's own motion the September 29, 2014 trial shall be vacated and continued to Monday, April 20, 2015 at 9:00 a.m. in Courtroom 202 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The September 5, 2014 final pretrial conference shall be vacated and continued to Thursday, March 26, 2015 at 9:00 a.m. also in Courtroom 202.(DW)
August 4, 2014 Opinion or Order Filing 301 ORDER granting #299 Motion for Extension of Time. IT IS HEREBY ORDERED that the parties' deadline to exchange demonstrative exhibits will be extended to and including September 18, 2014. Signed by Judge William T. Lawrence on 8/4/2014. (DW)
August 1, 2014 Filing 300 NOTICE of Filing of Redacted Dkt. 258, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR (MacGill, Robert)
July 31, 2014 Filing 299 Joint MOTION for Extension of Time to September 18, 2014 to file Demonstrative Exhibits, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order Proposed order)(MacGill, Robert)
July 31, 2014 Filing 298 REPLY in Support of Motion re #256 MOTION to Strike Second Rebuttal Report of Herbert Walter , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Exhibit 1 - Excerpt of Walter Dep.)(MacGill, Robert)
July 30, 2014 Filing 297 REPLY in Support of Motion re #278 MOTION to Strike /Exclude Expert Testimony of Gary Kleinrichert , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A-30(b)6 notice and email exchange)(Jarrett, David)
July 28, 2014 Opinion or Order Filing 296 ORDER granting #288 Motion to Seal Document #286 and exhibits #287 SEALED Document. Signed by Magistrate Judge Denise K. LaRue on 7/28/2014. (CBU)
July 28, 2014 Opinion or Order Filing 295 ORDER granting #285 Motion to Seal Document #259 SEALED Reply in support of Motion and certain exhibits. Signed by Magistrate Judge Denise K. LaRue on 7/28/2014. (CBU)
July 28, 2014 Opinion or Order Filing 294 ORDER granting #277 Motion for Extension of Time relative to liability opinion offered in second "rebuttal" report of Herbert Walter. Signed by Magistrate Judge Denise K. LaRue on 7/28/2014 (See Order) (CBU)
July 28, 2014 Opinion or Order Filing 293 ORDER granting #276 Motion to Seal Documents #267 #261 #258 #269 #265 #268 #274 #264 #275 #266 #272 #273 and #271 . Mohr shall file a redacted version of 258 within 7 days of this Order. Signed by Magistrate Judge Denise K. LaRue on 7/28/2014. (CBU)
July 23, 2014 Filing 292 BRIEF/MEMORANDUM in Support re #288 MOTION to Seal Document #286 SEALED Response to Motion, #287 SEALED Document 287-1, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
July 21, 2014 Filing 291 Designation of Evidence re #290 Response in Opposition to Motion , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Exhibit 1 - Letter dated Feb. 28, 2014, #2 Exhibit Exhibit 2 - Deposition Ex. 38, #3 Exhibit Exhibit 3 - Deposition Ex. 3, #4 Exhibit Exhibit 4 - ATRI Report, #5 Exhibit REDACTED Exhibit 5 - Excerpts of Deposition Ex. 170, #6 Exhibit Exhibit 6 - Excerpts of Walter Deposition, #7 Exhibit Exhibit 7 - Excerpt from Walter's Suzuki Deposition, #8 Exhibit Exhibit 8 - Excerpts of Kleinrichert Deposition, #9 Exhibit Exhibit 9 - Excerpts of Guy Deposition, #10 Exhibit Exhibit 10 - Excerpts of Slagle Deposition, #11 Exhibit Exhibit 11 - Deposition Ex. 9, #12 Exhibit Exhibit 12 - Deposition Ex. 10, #13 Exhibit REDACTED Exhibit 13 - Deposition Ex. 11, #14 Exhibit Exhibit 14 - Mohr Trucks First RFP's, #15 Exhibit Exhibit 15 - Volvo's Supplemental Responses to RFP's, #16 Exhibit Exhibit 16 - Volvo's Opposition to 30(b)(6) Notice, #17 Exhibit Exhibit 17 - Affidavit of Brad Todd)(MacGill, Robert)
July 21, 2014 Filing 290 RESPONSE in Opposition re #278 MOTION to Strike /Exclude Expert Testimony of Gary Kleinrichert Redacted Opposition, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 21, 2014 Filing 289 BRIEF/MEMORANDUM in Support re #288 MOTION to Seal Document #286 SEALED Response to Motion, #287 SEALED Document , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 21, 2014 Filing 288 MOTION to Seal Document #286 SEALED Response to Motion, #287 SEALED Document , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order Order Granting Motion to Seal)(MacGill, Robert)
July 21, 2014 Filing 287 SEALED Exhibits 5 and 13, re #286 SEALED Response to Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Sealed Exhibit 5 to Opposition - Excerpts from Dep. Ex. 170, #2 Exhibit Sealed Exhibit 13 to Opposition - Dep. Ex. 11)(MacGill, Robert)
July 21, 2014 Filing 286 SEALED RESPONSE re #278 MOTION to Strike /Exclude Expert Testimony of Gary Kleinrichert , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 21, 2014 Filing 285 Second MOTION to Seal Document #259 SEALED Reply in support of Motion re: 160 Supplemental Motion for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
July 21, 2014 Filing 284 RESPONSE in Opposition re #256 MOTION to Strike Second Rebuttal Report of Herbert Walter , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A-Kleinrichert Dep. Excerpt)(Jarrett, David)
July 10, 2014 Opinion or Order Filing 283 ORDER denying without prejudice #260 Motion to Seal Document. The Court advises Volvo to review the Motion and eliminate any documents already addressed by prior motions to seal in this case and refile, if necessary, utilizing Docket Numbers rather than Exhibit Numbers. Signed by Magistrate Judge Denise K. LaRue on 7/10/2014. (CBU)
July 10, 2014 Opinion or Order Filing 282 ORDER denying #250 and #254 Motions to Seal Documents. The Clerk is directed to lift the provisional seals on Docket No. 249 and 253. Signed by Magistrate Judge Denise K. LaRue on 7/10/2014. (CBU)
July 10, 2014 Filing 281 BRIEF/MEMORANDUM in Support re #276 MOTION to Seal Document #261 SEALED Document, #258 SEALED Document, #269 SEALED Document, #264 SEALED Document, #275 SEALED Document, #266 SEALED Document, #271 SEALED Document, #267 SEALED Document, #265 SEALED Document, #268 SEA , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Exhibit Redacted Dkt. Nos. 258 and 230-27)(MacGill, Robert)
July 8, 2014 Filing 280 BRIEF/MEMORANDUM in Support re #276 MOTION to Seal Document #261 SEALED Document, #258 SEALED Document, #269 SEALED Document, #264 SEALED Document, #275 SEALED Document, #266 SEALED Document, #271 SEALED Document, #267 SEALED Document, #265 SEALED Document, #268 SEA , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit Redacted 257-3; 261, 264-269, and 271-275)(Jarrett, David)
July 3, 2014 Filing 279 BRIEF/MEMORANDUM in Support re #278 MOTION to Strike /Exclude Expert Testimony of Gary Kleinrichert , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A-Excerpt of Litigation Handbook, #2 Exhibit B-Excerpts of Kleinrichert Dep., #3 Exhibit C- AMTC assigned AOR Excerpt, #4 Exhibit D-Excerpt of IHS data, #5 Exhibit E-Walter Second Rebuttal Report Excerpt, #6 Exhibit F-Kleinrichert Report exhibit 1.3, #7 Exhibit G-Excerpt Ruble Dep., #8 Exhibit H-Two emails, #9 Exhibit I-Ross Dep Excerpt, #10 Exhibit J-Phillips Dep Excerpt, #11 Exhibit K-Conaghan Dep exhibit 38 redacted, #12 Exhibit L-ATRI Excerpt, #13 Exhibit M-ATRI Survey)(Jarrett, David)
July 3, 2014 Filing 278 MOTION to Strike /Exclude Expert Testimony of Gary Kleinrichert, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
July 3, 2014 Filing 277 MOTION for Extension of Time to and including 10 days from Courts ruling on Motion to Strike Second Rebuttal Report of Herbert Walter , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Ex. 1 - Kleinrichert Deposition Excerpt, #2 Text of Proposed Order Proposed Order)(MacGill, Robert)
July 3, 2014 Filing 276 MOTION to Seal Document #261 SEALED Document, #258 SEALED Document, #269 SEALED Document, #264 SEALED Document, #275 SEALED Document, #266 SEALED Document, #271 SEALED Document, #267 SEALED Document, #265 SEALED Document, #268 SEALED Document, #274 SEALED Document, #272 SEALED Document, #273 SEALED Document , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order Proposed Order)(MacGill, Robert)
July 3, 2014 Filing 275 SEALED Ex. 3 - part 12 of 12 - pgs 111-126, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Filing 274 SEALED Ex. 3 - part 11 of 12 - pgs 101-110, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Filing 273 SEALED Ex. 3 - part 10 of 12 - pgs 91-100, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Filing 272 SEALED Ex. 3 - part 9 of 12 - pgs 81-90, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Filing 271 SEALED Ex. 3 - part 8 of 12 - pgs 71-80, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Opinion or Order Filing 270 ORDER denying #237 and #241 Motions to Seal Documents. The Clerk is directed to lift the provisional seals on docket no. 236 and 242. Signed by Magistrate Judge Denise K. LaRue on 7/3/2014. (CBU)
July 3, 2014 Filing 269 SEALED Ex. 3 - part 7 of 12 - pgs 61-70, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Filing 268 SEALED Ex. 3 - part 6 of 12 - pgs 51-60, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Filing 267 SEALED Ex. 3 - part 5 of 12 - pgs. 41-50, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Filing 266 SEALED Ex. 3 - part 4 of 12 - pgs 31-40, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert) Modified on 7/3/2014 (DW).
July 3, 2014 Filing 265 SEALED Ex. 3 - part 3 of 12 - pgs 21-30, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert) Modified on 7/3/2014 (DW).
July 3, 2014 Filing 264 SEALED Ex. 3 - part 2 of 12 - pgs 11-20, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert) Modified on 7/3/2014 (DW).
July 3, 2014 Opinion or Order Filing 263 ORDER granting in part and denying in part #246 Motion to Seal Document (See Order). Signed by Magistrate Judge Denise K. LaRue on 7/3/2014. (CBU)
July 3, 2014 Filing 262 REPLY in Support of Motion re #260 MOTION to Seal Document #259 SEALED Reply in support of Motion for Summary Judgment #160 , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2- Redacted Slagle Dep Excerpts, #3 Exhibit 3-Redacted Smith Dep Excerpts, #4 Exhibit 4-Walker Dep Excerpts, #5 Exhibit 5-Redacted Mohr Dep Excerpts, #6 Exhibit 6-Redacted Vaughn Dep, Vol 1, Excerpts, #7 Exhibit 7-Jeanor Dep Excerpts, #8 Exhibit 8-Guy Dep, Vol I, Excerpts, #9 Exhibit 9-Redacted Billings Dep Excerpts, #10 Exhibit 10-Redacted Vaughn Dep, Vol II, Excerpts, #11 Exhibit 11-RSA Sales Policy, #12 Exhibit 12-Kleinrichert Dep Excerpts, #13 Exhibit 13-Redacted RSA comparison chart, #14 Exhibit 14-Redacted RSA comparison chart, #15 Exhibit 15- Redacted Second Walter Rebuttal Report (part 1 of 8), #16 Exhibit 15-Redacted Second Walter Rebuttal Report (part 2 of 8), #17 Exhibit 15-Redacted Second Walter Rebuttal Report (part 3 of 8), #18 Exhibit 15-Redacted Second Walter Rebuttal Report (part 4 of 8), #19 Exhibit 15-Redacted Second Walter Rebuttal Report (part 5 of 8), #20 Exhibit 15-Redacted Second Walter Rebuttal Report (part 6 of 8), #21 Exhibit 15-Redacted Second Walter Rebuttal Report (part 7 of 8), #22 Exhibit 15-Redacted Second Walter Rebuttal Report (part 8 of 8), #23 Exhibit 16-Redacted RSA comparison chart, #24 Exhibit 17-Redacted RSA 94014, #25 Exhibit 18-Redacted Primary Transaction Summary on RSA 94014, #26 Exhibit 19-Redacted RSA data on RSA 95788, #27 Exhibit 20-Redacted RSA comparison chart, #28 Exhibit 21-Redacted RSA 95101, #29 Exhibit 22-Redacted Primary Transaction Summary on RSA 95101, #30 Exhibit 23-RSA comparison chart, #31 Exhibit 24-Redacted RSA 94016, #32 Exhibit 25-Redacted Primary Transaction Summary on RSA 94016, #33 Exhibit 26-Redacted Guy Dep., Vol II, Excerpts, #34 Exhibit 27-Redacted RSA comparison chart, #35 Exhibit 28-Redacted RSA comparison chart, #36 Exhibit 29-Redacted Primary Transaction Summary on RSA 91298, #37 Exhibit 30-Redacted RSA comparison chart, #38 Exhibit 31-Redacted Primary Transaction Summary on RSA 91295, #39 Exhibit 32-Redacted Custom Quote 11235-04V, #40 Exhibit 33-Redacted Custom Quote 11265-02V, #41 Exhibit 34-Redacted Custom Quote 12109-05V, #42 Exhibit 35-Redacted Custom Quote 12083-07V, #43 Exhibit 36-Redacted Custom Quote 12037-10V, #44 Exhibit 37-Redacted Gary Vaughn Dep Exhibit 296, #45 Exhibit 38-Redacted Sales Operation Manual Excerpts, #46 Exhibit 39-Mirts Dep. Excerpts, #47 Exhibit 40-Redacted RSA data excerpts)(Jarrett, David)
July 3, 2014 Filing 261 SEALED Ex. 3 - part 1 of 12 - pgs 1-10, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert) Modified on 7/3/2014 (DW).
July 3, 2014 Filing 260 MOTION to Seal Document #259 SEALED Reply in support of Motion , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
July 3, 2014 Filing 259 SEALED REPLY in support of Motion re #160 Supplemental MOTION for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: # (1) Cover Sheet for Sealed Document, # (2) Exhibit 9-Billings Dep Excerpts, # (3) Exhibit 10-Vaughn Dep, Vol II, Excerpts, # (4) Exhibit 13-RSA comparison chart, # (5) Exhibit 14-RSA comparison chart, # (6) Exhibit 15- Second Walter Rebuttal Report Excerpt (part 1 of 3), # (7) Exhibit 15-Second Walter Rebuttal Report Excerpt (part 2 of 3), # (8) Exhibit 15-Second Walter Rebuttal Report Excerpt (part 3 of 3), # (9) Exhibit 16-RSA comparison chart, # (10) Exhibit 17-RSA 94014, # (11) Exhibit 18-Primary Transaction Summary on RSA 94014, # (12) Exhibit 19-RSA data excerpt on RSA 95788, # (13) Exhibit 20- RSA comparison chart (part 1 of 3), # (14) Exhibit 20-RSA comparison chart (part 2 of 3), # (15) Exhibit 20-RSA comparison chart (part 3 of 3), # (16) Exhibit 21-RSA 95101, # (17) Exhibit 22-Primary Transaction Summary on RSA 95101, # (18) Exhibit 23-RSA comparison chart, # (19) Exhibit 24-RSA 94016, # (20) Exhibit 25-Primary Transaction Summary on RSA 94016, # (21) Exhibit 26-Guy Dep, Vol II, Excerpts, # (22) Exhibit 27-RSA comparison chart (part 1 of 2), # (23) Exhibit 27-RSA comparison chart (part 2 of 2), # (24) Exhibit 28-RSA comparison chart, # (25) Exhibit 29-Primary Transaction Summary on RSA 91298, # (26) Exhibit 30-RSA comparison chart (part 1 of 2), # (27) Exhibit 30-RSA comparison chart (part 2 of 2), # (28) Exhibit 31-Primary Transaction Summary on RSA 91295, # (29) Exhibit 32-Custom Quote 11235-04V, # (30) Exhibit 33-Custom Quote 11265-02V, # (31) Exhibit 34-Custom Quote 12109-05V, # (32) Exhibit 35-Custom Quote 12083-07V, # (33) Exhibit 36-Custom Quote 12037-10V, # (34) Exhibit 37-Vaughn Dep. Ex. 296, # (35) Exhibit 40-RSA data excerpts)(Jarrett, David) Modified on 7/29/2014 (CBU).
July 3, 2014 Filing 258 SEALED Ex. 1 - Second Kleinrichert Report, re #257 Brief/Memorandum in Support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 3, 2014 Filing 257 BRIEF/MEMORANDUM in Support re #256 MOTION to Strike Second Rebuttal Report of Herbert Walter , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Sealed Ex. 1 - Kleinrichert Second Report, #2 Exhibit Ex. 2 - Kleinrichert Deposition Excerpt, #3 Exhibit Sealed Ex. 3 - Second Rebuttal Report of Herbert Walter)(MacGill, Robert)
July 3, 2014 Filing 256 MOTION to Strike Second Rebuttal Report of Herbert Walter, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order Proposed Order)(MacGill, Robert)
June 27, 2014 Filing 255 REPLY in Support of Motion re #245 MOTION for Reconsideration re #157 Order on Motion for Reconsideration , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Riley, James)
June 17, 2014 Filing 254 MOTION to Seal Document #253 SEALED Document , filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
June 17, 2014 Filing 253 ***UNSEALED PER ORDER OF 7/10/2014***SEALED Exhibit, re #252 Designation of Evidence, filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: # (1) Exhibit 1 -- Slagle Deposition Excerpts)(MacGill, Robert) Modified on 7/11/2014 (CBU).
June 17, 2014 Filing 252 Designation of Evidence re #251 Response in Opposition to Motion , filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: #1 Exhibit 2 -- Deposition Exhibit 9, #2 Exhibit 3 -- Deposition Exhibit 10, #3 Exhibit 4 -- Excerpts of Mohr Deposition)(MacGill, Robert)
June 17, 2014 Filing 251 RESPONSE in Opposition re #245 MOTION for Reconsideration re #157 Order on Motion for Reconsideration , filed by Defendant ANDY MOHR TRUCK CENTER. (MacGill, Robert)
June 6, 2014 Filing 250 MOTION to Seal Document #249 SEALED Document , filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
June 6, 2014 Filing 249 ***DOCUMENT UNSEALED PER ORDER OF 7/10/2014***SEALED Exhibit, re #248 Designation of Evidence, filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: # (1) Exhibit 4 -- Slagle Deposition Excerpts)(MacGill, Robert) Modified on 7/11/2014 (CBU).
June 6, 2014 Filing 248 Designation of Evidence re #234 MOTION for Leave to File Second Amended Complaint, #247 Reply in Support of Motion , filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: #1 Exhibit 1 -- Initial Disclosures, #2 Exhibit 2 -- Vaughn Deposition Excerpts, #3 Exhibit 3 -- Mohr Deposition Excerpts, #4 Exhibit 5 -- Dep. Ex. 9, #5 Exhibit 6 -- Dep. Ex. 10)(MacGill, Robert)
June 6, 2014 Filing 247 REPLY in Support of Motion re #234 MOTION for Leave to File Second Amended Complaint , filed by Defendant ANDY MOHR TRUCK CENTER. (MacGill, Robert)
June 4, 2014 Filing 246 MOTION to Seal Document #228 Designation of Evidence, #243 Order on Motion to Seal Document , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-Redacted Excerpts of Dennis Slagle Dep, #2 Exhibit 3-Redacted Excerpts of Lawrence Cook Dep, #3 Exhibit 4-Redacted Email, #4 Exhibit 5-Redacted Email, #5 Exhibit 6-Redacted Excerpts of Ron Huibers Dep, #6 Exhibit 7-Redacted Email, #7 Exhibit 8-Redacted Excerpts of Sue Ann Smith Dep, #8 Exhibit 9-Redacted Excerpts of James Evan Guy Dep, #9 Exhibit 11-Redacted Excerpts of Leanne Fitzpatrick Dep, #10 Exhibit 12-Redacted Excerpts of Ron Huibers Dep, #11 Exhibit 13-Redacted Excerpts of Patrice Dawson Dep, #12 Exhibit 14-Redacted Chart, #13 Exhibit 15-Redacted Chart, #14 Exhibit 16-Redacted Chart, #15 Exhibit 17Redacted Excerpts of Gary Vaughn Dep, #16 Exhibit 18-Redacted Excerpts of Scott Kress Dep, #17 Exhibit 19-Redacted Email, #18 Exhibit 20-Redacted Chart, #19 Exhibit 21-Redacted Chart, #20 Exhibit 22-Redacted Email, #21 Exhibit 23-Redacted Email, #22 Exhibit 24-Redacted Email, #23 Exhibit 25-Redacted Email, #24 Exhibit 26-Redacted Email, #25 Exhibit 27-Redacted Purchased Coverage Response, #26 Exhibit 28-Redacted Purchased Coverage Response, #27 Exhibit 29-Redacted Chart, #28 Exhibit 30-Redacted Chart, #29 Exhibit 31-Redacted Purchased Coverage Response, #30 Exhibit 32-Redacted Chart, #31 Exhibit 33-Redacted Purchased Coverage Response, #32 Exhibit 34-Redacted Chart, #33 Exhibit 35-Redacted Email, #34 Exhibit 36-Redacted Email, #35 Exhibit 37-Redacted Chart, #36 Exhibit 38-Redacted Purchased Coverage Response, #37 Exhibit 40-Redacted Chart, #38 Exhibit 42-Redacted Email, #39 Exhibit 43-Redacted Email, #40 Exhibit 44-Redacted Email, #41 Exhibit 46-Redacted Purchased Coverage Response)(Jarrett, David)
June 3, 2014 Filing 245 MOTION for Reconsideration re #157 Order on Motion for Reconsideration , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
May 30, 2014 Opinion or Order Filing 244 ORDER granting Defendants' #227 Motion to Seal Supplemental Opposition to Volvo Trucks North America's Supplemental Motion for Summary Judgment. Signed by Magistrate Judge Denise K. LaRue on 5/30/2014. (MAC)
May 30, 2014 Opinion or Order Filing 243 ORDER denying Defendant's #231 Motion to Seal Exhibits to Designation of Evidence. However, the Clerk is to maintain the provisional seal on Dkt. 230 for seven days from the date of this Order to allow Volvo to re-file the Motion after a thorough analysis of the confidentiality of each exhibit. The Court ORDERS Volvo to file redacted versions of the exhibits for the public docket with its Motion. **SEE ORDER**. Signed by Magistrate Judge Denise K. LaRue on 5/30/2014. (MAC)
May 27, 2014 Filing 242 SEALED , re #241 Motion to Seal a Document, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David) Modified on 7/3/2014 (CBU)(Provisional seals lifted on 7/3/2014)
May 27, 2014 Filing 241 MOTION to Seal Document #240 Response in Opposition to Motion , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
May 27, 2014 Filing 240 RESPONSE in Opposition re #234 MOTION for Leave to File Second Amended Complaint , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1- Slage Dep. Excerpt)(Jarrett, David)
May 19, 2014 Filing 239 BRIEF/MEMORANDUM in Support re #227 MOTION to Seal Document #226 SEALED Response to Motion , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A - Redacted Brief)(Jarrett, David)
May 19, 2014 Filing 238 BRIEF/MEMORANDUM in Support re #231 MOTION to Seal Document #230 SEALED Document , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
May 13, 2014 Filing 237 MOTION to Seal Document #236 SEALED Document , filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
May 13, 2014 Filing 236 SEALED Exhibit, re #235 Brief/Memorandum in Support of Motion, filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: # (1) Exhibit 1 -- Guy Deposition Excerpts)(MacGill, Robert) Modified on 7/3/2014 (CBU)(Provisional seals lifted on 7/3/2014)
May 13, 2014 Filing 235 BRIEF/MEMORANDUM in Support re #234 MOTION for Leave to File Second Amended Complaint , filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: #1 Exhibit 2 -- Slagle Deposition Excerpts)(MacGill, Robert)
May 13, 2014 Filing 234 MOTION for Leave to File Second Amended Complaint, filed by Defendant ANDY MOHR TRUCK CENTER. (Attachments: #1 Text of Proposed Order, #2 Exhibit A -- Proposed Second Amended Complaint, #3 Exhibit B -- Comparison of First and Second Amended Complaints)(MacGill, Robert)
May 12, 2014 Filing 233 REPLY in Support of Motion re #209 MOTION in Limine , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
May 8, 2014 Filing 232 BRIEF/MEMORANDUM in Support re #231 MOTION to Seal Document #230 SEALED Document , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
May 8, 2014 Filing 231 MOTION to Seal Document #230 SEALED Document , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
May 8, 2014 Filing 230 SEALED Exhibits, re #228 Designation of Evidence, #226 SEALED Response to Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit 1 -- Slagle Dep. Excerpts, #2 Exhibit 3 -- Cook Dep. Excerpts, #3 Exhibit 6 -- Huibers Dep. Excerpts, #4 Exhibit 9 -- Guy Dep. Excerpts, #5 Exhibit 10 -- Billings Dep. Excerpts, #6 Exhibit 11 -- Fitzpatrick Dep. Excerpts, #7 Exhibit 13 -- Dawson Dep. Excerpts, #8 Exhibit 14 -- Dep. Ex. 261, #9 Exhibit 15 -- Dep. Ex. 262, #10 Exhibit 16 -- Dep. Ex. 263, #11 Exhibit 18 -- Kress Dep. Excerpts, #12 Exhibit 20 -- Dep. Ex. 285, #13 Exhibit 21 -- Dep. Ex. 286, #14 Exhibit 27 -- Dep. Ex. 144F, #15 Exhibit 28 -- Dep. Ex. 144G, #16 Exhibit 29 -- Dep. Ex. 214, #17 Exhibit 30 -- Dep. Ex. 131, #18 Exhibit 31 -- Custom Quote, #19 Exhibit 32 -- Dep. Ex. 208, #20 Exhibit 33 -- Custom Quote, #21 Exhibit 34 -- Dep. Ex. 130, #22 Exhibit 35 -- Dep. Ex. 283, #23 Exhibit 36 -- Dep. Ex. 284, #24 Exhibit 37 -- Dep. Ex. 133, #25 Exhibit 38 -- Custom Quote, #26 Exhibit 40 -- Dep. Ex. 281, #27 Exhibit 45 -- Kleinrichert Report, #28 Exhibit 46 -- Custom Quote)(MacGill, Robert) Modified on 7/3/2014 (CBU)(Exhibit 10 seal lifted per order of 7/3/2014) Modified on 7/3/2014 (CBU)(Motion to seal granted 7/3/2014)
May 8, 2014 Filing 229 AFFIDAVIT in Support of Response in Opposition to Motion re #160 Supplemental MOTION for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
May 8, 2014 Filing 228 Designation of Evidence re #178 Response in Opposition to Motion, #225 Response in Opposition to Motion , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: # (1) Exhibit 2 -- Friend Dep. Excerpts, # (2) Exhibit 4 -- Dep. Ex. 259, # (3) Exhibit 5 -- Dep. Ex. 18, # (4) Exhibit 7 -- Dep. Ex. 165, # (5) Exhibit 8 -- Smith Dep. Excerpts, # (6) Exhibit 12 --Roy Dep. Excerpts, # (7) Exhibit 17 -- Vaughn Dep. Excerpts, # (8) Exhibit 19 -- Dep. Ex. 234, # (9) Exhibit 22 -- Dep. Ex. 221, # (10) Exhibit 23 -- Dep. Ex. 223, # (11) Exhibit 24 -- Dep. Ex. 235, # (12) Exhibit 25 -- Dep. Ex. 241, # (13) Exhibit 26 -- Dep. Ex. 233, # (14) Exhibit 39 -- Mirts Dep. Excerpts, # (15) Exhibit 41 -- Jeanor Dep. Excerpts, # (16) Exhibit 42 -- Dep. Ex. 248, # (17) Exhibit 43 -- Email from Dean DeSantis, # (18) Exhibit 44 -- Email from Wes Norris, # (19) Exhibit 47 -- MacGill Declaration)(MacGill, Robert) Modified on 7/3/2014 (CBU) (See order of 7/3/2014 sealing certain exhibits)
May 8, 2014 Filing 227 MOTION to Seal Document #226 SEALED Response to Motion , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
May 8, 2014 Filing 226 **ORDERED SEALED PER #244 **SEALED RESPONSE re #160 Supplemental MOTION for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Cover Sheet for Sealed Document)(MacGill, Robert) Modified on 5/30/2014 (MAC).
May 2, 2014 Filing 225 RESPONSE in Opposition re #209 MOTION in Limine , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-Excerpt of Evan Guy Dep.)(Jarrett, David)
May 1, 2014 Opinion or Order Filing 224 ORDER - granting #212 Motion to Seal Document #211 SEALED Document ; Exhibits 2, 4, 5, and 6 to Defendants' Designation of Evidence shall remain under seal. Within 7 days of the date of this Order, Defendants' shall file redacted versions of these documents. Signed by Magistrate Judge Denise K. LaRue on 5/1/2014. (CKM)
May 1, 2014 Opinion or Order Filing 223 ORDER - granting #208 Motion to Seal Document #207 SEALED Document. Exhibits 2 through 6 to Defendants' Designation of Evidence shall remain under seal. Within 7 days of the date of this Order, Defendants' shall file redacted version of these documents. Signed by Magistrate Judge Denise K. LaRue on 5/1/2014. (CKM)
May 1, 2014 Opinion or Order Filing 222 ORDER - denying as moot #203 Motion for Extension of Time to Complete Fact Discovery. Signed by Magistrate Judge Denise K. LaRue on 5/1/2014. (marginal notation) (CKM)
May 1, 2014 Opinion or Order Filing 221 ORDER granting Parties' #220 Joint Motion to Vacate and Reset: Final Pretrial Conference RESET for 9/5/2014 10:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Jury Trial RESET for 9/29/2014 09:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Signed by Judge William T. Lawrence on 5/1/2014.(SWM)
April 30, 2014 Filing 220 Joint MOTION to Vacate and Reset the Final Pretrial Conference and Trial Dates, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
April 25, 2014 Opinion or Order Filing 219 ORDER denying Defendant's #205 Motion for Reconsideration (S.O.). Signed by Magistrate Judge Denise K. LaRue on 4/25/2014. (MAC)
April 25, 2014 Opinion or Order Filing 218 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Telephonic Status Conference held on 4/25/2014 - Parties discussed Defendants' Motion to Reconsider the Magistrate Judge's Order at Docket No. #204 [Dkt. #205 ] concerning ongoing discovery issues. The parties were heard with regard to the motion. The Court's ruling shall issue under separate order. The Court discussed certain timelines and deadlines with the parties which will conflict with the currently set final pretrial conference and trial dates. Therefore, the parties are directed to file a motion to vacate and reset the final pretrial conference and trial dates. Once the motion is approved, the deadlines set out in this entry will be final. Signed by Magistrate Judge Denise K. LaRue. (REO)
April 25, 2014 Filing 217 BRIEF/MEMORANDUM in Support re #212 MOTION to Seal Document #211 SEALED Document , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
April 25, 2014 Filing 216 BRIEF/MEMORANDUM in Support re #208 MOTION to Seal Document #207 SEALED Document , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
April 24, 2014 Filing 215 RESPONSE in Opposition re #205 MOTION for Reconsideration re #204 Telephone ConferenceSet Hearings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-Guy Dep. Excerpts, #2 Exhibit 2-New 30(b)(6) Notice, #3 Exhibit 3-Unpublished CSX opinion, #4 Exhibit 4-Unpublished Gossar opinion, #5 Exhibit 5-Unpublished SmithKline opinion, #6 Exhibit 6-Redacted Mohr Truck document)(Jarrett, David)
April 23, 2014 Opinion or Order Filing 213 ENTRY ON DEFENDANTS' MOTION TO RECONSIDER - Defendants filed a Motion to Reconsider the Magistrate Judge's Order at Docket No. #204 concerning ongoing discovery issues. [Dkt. #205 .] There is an in-person status conference set for 2 p.m. EST on Friday, April 25, 2014, to discuss case management issues and upcoming deadlines. The Court will convert this conference to a telephonic status conference at the same time and date. Counsel will receive call-in information via separate email notification. In order to maximize the utility of this telephonic status conference, the Court ORDERS the following expedited briefing schedule: If Plaintiff desires to file a response to Defendants' Motion, it shall be filed by 5 p.m. Thursday, April 24, 2014. Signed by Magistrate Judge Denise K. LaRue on 4/23/2014.(REO)
April 22, 2014 Filing 212 MOTION to Seal Document #211 SEALED Document , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
April 22, 2014 Filing 211 SEALED Exhibits, re #209 Motion in Limine, #210 Designation of Evidence, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit 2 -- Slagle Deposition Excerpts, #2 Exhibit 4 -- Roy Deposition Excerpts, #3 Exhibit 5 -- Billings Deposition Excerpts, #4 Exhibit 6 -- Rule 30(b)(6) Notice)(MacGill, Robert)
April 22, 2014 Filing 210 Designation of Evidence re #209 MOTION in Limine , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit 1 -- Request No. 10, #2 Exhibit 3 -- Guy Deposition Excerpts)(MacGill, Robert)
April 22, 2014 Filing 209 MOTION in Limine , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
April 22, 2014 Filing 208 MOTION to Seal Document #207 SEALED Document , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
April 22, 2014 Filing 207 SEALED Exhibits, re #205 Motion for Reconsideration, #206 Designation of Evidence, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit 2 -- Guy Deposition Excerpts, #2 Exhibit 3 -- Slagle Deposition Excerpts, #3 Exhibit 4 -- Roy Deposition Excerpts, #4 Exhibit 5 -- Billings Deposition Excerpts, #5 Exhibit 6 -- Rule 30(b)(6) Notice)(MacGill, Robert)
April 22, 2014 Filing 206 Designation of Evidence re #205 MOTION for Reconsideration re #204 Telephone ConferenceSet Hearings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit 1 -- Request No. 10)(MacGill, Robert)
April 22, 2014 Filing 205 MOTION for Reconsideration re #204 Telephone ConferenceSet Hearings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
April 18, 2014 Opinion or Order Filing 204 MINUTE ORDER for proceedings held before Magistrate Judge Denise K. LaRue: The parties participated in a telephonic status conference on 4/17/2014 to allow the Court to assist with a discovery dispute. The parties' discovery dispute primarily related to two issues: (1) whether Volvo should be required to produce an additional 30(b)(6) deponent and related documents; and (2) whether Volvo should be required to produce monthly financial reports. After hearing arguments from both parties on these issues, the undersigned Magistrate Judge took the matter under advisement and now finds as follows: ***See Entry *** Discovery in this case is now closed. The Court has set an in-person status conference for 2 p.m. EST on Friday, April 25, 2014, in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue, to discuss case management issues and upcoming deadlines. If Mohr intends to file a Motion to Compel with regard to the March Notice, the Court will set an expedited briefing schedule at that conference. Signed by Magistrate Judge Denise K. LaRue. (NLR)
April 18, 2014 Filing 203 Joint MOTION for Extension of Time to 4/29/14 to Complete Fact Discovery, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
April 18, 2014 Filing 202 NOTICE of Appearance by Stephanie Snell Chaudhary on behalf of Plaintiff VOLVO TRUCKS NORTH AMERICA. (Chaudhary, Stephanie)
April 17, 2014 Opinion or Order Filing 201 SCHEDULING ORDER- Status Conference set for 4/25/2014 02:00 PM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 4/17/2014.(CBU)
April 15, 2014 Opinion or Order Filing 199 SCHEDULING ORDER: Telephonic Status Conference set for 4/17/2014 02:00 PM before Magistrate Judge Denise K. LaRue. *** SEE ORDER ***. Signed by Magistrate Judge Denise K. LaRue on 4/15/2014. (CKM)
March 28, 2014 Filing 198 NOTICE of Appearance by Justin David Rumer on behalf of Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Rumer, Justin)
February 10, 2014 Opinion or Order Filing 197 ENTRY ON RULE 72 OBJECTIONS AND APPEAL OF MAGISTRATE JUDGE'S ORDER: The Court REVERSES the Magistrate Judge's Order (dkt. no. 173) and GRANTS the Defendants' request for discovery on the support issues. The Plaintiff is hereby ORDERED to produce the documents contemplated by the Magistrate Judge's June 11, 2013, Order (dkt. no. 107) within 21 days of the date of this Entry. Upon receipt of the Plaintiff's production, the Defendants will have 45 days to conduct the depositions contemplated in dkt. no. 158. The Defendants may file a supplemental response to the Plaintiff's supplemental motion for summary judgment within 21 days of the completion of this discovery. The Plaintiff may file a reply brief within 14 days of the supplemental response (see Entry for additional information). Signed by Judge William T. Lawrence on 2/10/2014.(SWM) Modified on 2/10/2014 (SWM).
February 6, 2014 Filing 196 REPLY in Support of Motion re #179 MOTION for Summary Judgment , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
February 6, 2014 Filing 195 AFFIDAVIT re #179 MOTION for Summary Judgment , #178 Response in Opposition to Motion of Gary Vaughn (Substitute for Dkt. 181, 182) by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
February 4, 2014 Opinion or Order Filing 194 ORDER denying #186 Motion to Seal Document - Exhibits 40 and 44 to Defendants' Designation of Evidence shall be unsealed. Signed by Magistrate Judge Denise K. LaRue on 2/4/2014. (MGG)
January 21, 2014 Filing 193 REPLY in Support of Motion re #176 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR re #173 Order on Motion for Discovery , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Crandley, Mark)
January 21, 2014 Opinion or Order Filing 192 ORDER - granting #177 Motion for Leave to File Excess Pages. Defendants may file a combined oversized brief that will not exceed 55 pages exclusive of its title page, table of contents, table of authorities and certificate of service. Signed by Magistrate Judge Denise K. LaRue on 1/21/2014. (CKM)
January 21, 2014 Filing 191 RESPONSE in Opposition re #186 MOTION to Seal Document #185 SEALED Document Exhibits 40 and 44 to Defendants' Designation of Evidence, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
January 21, 2014 Filing 190 RESPONSE to Motion re #177 MOTION for Leave to File Excess Pages , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
January 20, 2014 Filing 189 RESPONSE in Opposition re #179 MOTION for Summary Judgment and REPLY in Support re #141 MOTION for Summary Judgment and #161 SUPPLEMENTAL MOTION for Summary Judgment, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-Jarrett email, #2 Exhibit 2-Mohr Dep. Excerpts, #3 Exhibit 3-Conaghan Dep. Excerpts, #4 Exhibit 4-Cook Dep. Excerpts, #5 Exhibit 5-Huibers Dep. Excerpts, #6 Exhibit 6-Smith Dep. Excerpts, #7 Exhibit 7-Walker Dep. Excerpts, #8 Exhibit 8-Jeanor Dep. Excerpts, #9 Exhibit 9- Vaughn Dep. Excerpts, #10 Exhibit 10-Hogberg Dep. Excerpts, #11 Exhibit 11- Smith email, #12 Exhibit 12-Redacted Fin. Statements, #13 Exhibit 13- Block email)(Jarrett, David)
January 8, 2014 Filing 188 RESPONSE in Opposition re #176 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR re #173 Order on Motion for Discovery , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
January 8, 2014 Opinion or Order Filing 187 ORDER ON MOTION TO SEAL - granting #167 Motion to Seal Document #166 SEALED Document. *** ORDERED SEALED PER #187 *** Exhibit A to the Declaration of Robert D. MacGill in Support of Motion for Additional Time to Take Discovery and File Response to Plaintiff's Motions for Summary Judgment shall remain under seal. Signed by Magistrate Judge Denise K. LaRue on 1/8/2014. (CKM) Modified on 1/16/2014 (CKM).
January 6, 2014 Filing 186 MOTION to Seal Document #185 SEALED Document , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
January 6, 2014 Filing 185 **UNSEALED PER DKT NO. #194 ** SEALED Exhibits, re #184 Designation of Evidence, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: # (1) Exhibit 40 -- Deposition Exhibit 72, # (2) Exhibit 44 -- Excerpts of L. Fitzpatrick Deposition)(MacGill, Robert) Modified on 2/4/2014 (MGG).
January 6, 2014 Filing 184 Designation of Evidence re #179 MOTION for Summary Judgment , #141 MOTION for Summary Judgment , #160 Supplemental MOTION for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit 1 -- Deposition Exhibit 3, #2 Exhibit 2 -- Excerpts of B. Higgins Deposition, #3 Exhibit 3 -- Deposition Exhibit 48, #4 Exhibit 4 -- Excerpts of H. Johnston Deposition, #5 Exhibit 5 -- Deposition Exhibit 5, #6 Exhibit 6 -- Excerpts of J. Conaghan Deposition, #7 Exhibit 7 -- Email transmitting Dealer Application, #8 Exhibit 8 -- Deposition Exhibit 49, #9 Exhibit 9 -- Deposition Exhibit 42, #10 Exhibit 10 -- Deposition Exhibit 97, #11 Exhibit 11 -- Deposition Exhibit 8, #12 Exhibit 12 -- Deposition Exhibit 47, #13 Exhibit 13 -- Deposition Exhibit 54, #14 Exhibit 14 -- Excerpts of A. Mohr Deposition, #15 Exhibit 15 -- Excerpts of C. Walker Deposition, #16 Exhibit 16 -- Excerpts of M. Smith Deposition, #17 Exhibit 17 -- Deposition Exhibit 9, #18 Exhibit 18 -- Deposition Exhibit 10, #19 Exhibit 19 -- Deposition Exhibit 11, #20 Exhibit 20 -- Deposition Exhibit 12, #21 Exhibit 21-- Deposition Exhibit 46, #22 Exhibit 22 -- Deposition Exhibit 50, #23 Exhibit 23 -- Deposition Exhibit 51, #24 Exhibit 24 -- Email re: Facility Upgrades, #25 Exhibit 25 -- Deposition Exhibit 52, #26 Exhibit 26 -- Deposition Exhibit 15, #27 Exhibit 27 -- Howard Complaint, #28 Exhibit 28 -- Excerpts of R. Huibers Deposition, #29 Exhibit 29 -- Deposition Exhibit 16, #30 Exhibit 30 -- Deposition Exhibit 21, #31 Exhibit 31 -- Excerpts of G. Vaughn Deposition, #32 Exhibit 32 -- Deposition Exhibit 18, #33 Exhibit 33 -- Deposition Exhibit 92, #34 Exhibit 34 -- Deposition Exhibit 22, #35 Exhibit 35 -- Deposition Exhibit 55, #36 Exhibit 36 -- Deposition Exhibit 102, #37 Exhibit 37 -- Deposition Exhibit 23, #38 Exhibit 38 -- Deposition Exhibit 74, #39 Exhibit 39 -- Deposition Exhibit 192, #40 Exhibit 41 -- Deposition Exhibit 199, #41 Exhibit 42 -- Deposition Exhibit 75, #42 Exhibit 43 -- Deposition Exhibit 195, #43 Exhibit 45 -- Deposition Exhibit 29, #44 Exhibit 46 -- Deposition Exhibit 30, #45 Exhibit 47 -- Deposition Exhibit 31, #46 Exhibit 48 -- Deposition Exhibit 32, #47 Exhibit 49 -- Deposition Exhibit 34, #48 Exhibit 50 -- Deposition Exhibit 39, #49 Exhibit 51 -- Excerpts of A. Jeanor Deposition, #50 Exhibit 52 -- Deposition Exhibit 37, #51 Exhibit 53 -- Handwritten Volvo Notes)(MacGill, Robert)
January 6, 2014 Filing 183 DECLARATION of Robert D. MacGill re #160 Motion for Summary Judgment, #141 Motion for Summary Judgment, #179 Motion for Summary Judgment by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
January 6, 2014 Filing 182 AFFIDAVIT in Support of Response in Opposition to Motion re #160 Supplemental MOTION for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim, #141 MOTION for Summary Judgment , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
January 6, 2014 Filing 181 AFFIDAVIT in Support of Motion re #179 MOTION for Summary Judgment of Gary Vaughn, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
January 6, 2014 Filing 180 BRIEF/MEMORANDUM in Support re #179 MOTION for Summary Judgment , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Bertico v. Dunkin' Donuts)(MacGill, Robert)
January 6, 2014 Filing 179 MOTION for Summary Judgment , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
January 6, 2014 Filing 178 RESPONSE in Opposition re #160 Supplemental MOTION for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim, #141 MOTION for Summary Judgment , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Bertico v. Dunkin' Donuts)(MacGill, Robert)
January 6, 2014 Filing 177 MOTION for Leave to File Excess Pages , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order, #2 Exhibit Proposed Memorandum)(MacGill, Robert)
December 27, 2013 Filing 176 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR re #173 Order on Motion for Discovery (MacGill, Robert)
December 27, 2013 Filing 175 NOTICE Of Deposition Of Lawrence Cook, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR (MacGill, Robert)
December 13, 2013 Opinion or Order Filing 174 ORDER - denying #170 Motion for Oral Argument; The Court, having considered Defendants' Request for Oral Argument on its pending Motion for Additional Time to Take Discovery and File Response to Plaintiff's Motions for Summary Judgment. Signed by Magistrate Judge Denise K. LaRue on 12/13/2013. (CKM)
December 13, 2013 Opinion or Order Filing 173 ORDER ON DEFENDANTS' MOTIONS - The Court GRANTS in part Mohr's Motion to Reopen Discovery [Dkt. 158] and Mohr's Motion for Additional Time to Take Discovery and File Response to Plaintiff's Motions for Summary Judgment [Dkt. 163]. The Court ORDERS the parties to schedule and complete the deposition of Lawrence Cook within 30 days of the date of this Order. The parties shall notify the Court of the date of the deposition upon scheduling. All other requests included in Mohr's motions are DENIED. Signed by Magistrate Judge Denise K. LaRue on 12/13/2013. (CKM)
December 12, 2013 Filing 172 REPLY in Support of Motion re #170 MOTION /Request for Oral Argument , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
December 12, 2013 Filing 171 RESPONSE in Opposition re #170 MOTION /Request for Oral Argument , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
December 12, 2013 Filing 170 MOTION /Request for Oral Argument, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
December 12, 2013 Filing 169 RESPONSE to Motion re #167 MOTION to Seal Document #166 SEALED Document Exhibit A to MacGill Declaration , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
December 12, 2013 Filing 168 RESPONSE in Opposition re #163 MOTION FOR ADDITIONAL TIME TO TAKE DISCOVERY AND FILE RESPONSE TO MOTIONS FOR SUMMARY JUDGMENT , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A-Declaration of Lawrence Cook)(Jarrett, David)
December 6, 2013 Filing 167 MOTION to Seal Document #166 SEALED Document Exhibit A to MacGill Declaration, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
December 6, 2013 Filing 166 SEALED Exhibit A in Support of, re #165 Declaration, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit A -- Fitzpatrick Deposition Excerpts)(MacGill, Robert)
December 6, 2013 Filing 165 DECLARATION of Robert D. MacGill re #163 Motion (Other) by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
December 5, 2013 Filing 164 BRIEF/MEMORANDUM in Support re #163 MOTION FOR ADDITIONAL TIME TO TAKE DISCOVERY AND FILE RESPONSE TO MOTIONS FOR SUMMARY JUDGMENT , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
December 5, 2013 Filing 163 MOTION FOR ADDITIONAL TIME TO TAKE DISCOVERY AND FILE RESPONSE TO MOTIONS FOR SUMMARY JUDGMENT, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
November 15, 2013 Filing 162 REPLY in Support of Motion re #158 MOTION for Discovery , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Crandley, Mark)
November 14, 2013 Filing 161 BRIEF/MEMORANDUM in Support re #160 Supplemental MOTION for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1- Reeder-Simco case (US Sup. Ct.), #2 Exhibit 2-Amcus Brief filed in Reeder-Simco case, #3 Exhibit 3- Foundational Affidavit of David R. Jarrett with Exhs. 3A-E attached, #4 Exhibit 4-Excerpts from Andrew Mohr Dep., #5 Exhibit 5-Excerpts from Andrew Jeanor Dep., #6 Exhibit 6-Excerpts from Gary Vaughn Dep., #7 Exhibit 7-Excerpts from Charles Walker Dep., #8 Exhibit 8-Excerpts from Steve Smith Dep.)(Jarrett, David)
November 14, 2013 Filing 160 Supplemental MOTION for Summary Judgment as to Mohr Truck's Breach of Contract (Count IV) claim, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
November 5, 2013 Filing 159 RESPONSE in Opposition re #158 MOTION for Discovery , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A - Article 2.2 of the Dealer Agreement)(Jarrett, David)
October 23, 2013 Filing 158 MOTION for Discovery , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
October 17, 2013 Opinion or Order Filing 157 ENTRY denying Pltf's #114 Motion for Reconsideration; granting Deft Andy Mohr Truck Center's #120 Motion for Reconsideration. The Court notes that the Pltf has filed a supplemental jurisdiction statement (Dkt. No. 155) that provides the information necessary for the Court to determine that it does, indeed, have subject matter jurisdiction over this case. See Order for additional information and established deadlines. Signed by Judge William T. Lawrence on 10/17/2013. (SWM)
October 9, 2013 Opinion or Order Filing 156 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Telephonic Status Conference held on 10/9/2013 - The parties discussed the scheduling of three remaining depositions to be taken by Mohr. Discovery in this case has closed, but the Court has granted the parties the ability to conduct these three depositions. The parties agreed to delay the depositions of Walter and Kleinrichert until the Court has ruled upon their competing motions for reconsideration. At that time, the Court with reconvene with the parties if necessary to discuss any issues relating to expert discovery that may arise from the rulings. In the meantime, the parties agreed Cook's deposition will occur on either October 22 or November 11, 2013. The Court ORDERS the briefing schedule for Volvo's pending summary judgment motion shall resume as follows: The parties shall file a joint Notice with the Court of the date Cook deposition will occur as soon as it is confirmed. Mohr shall respond to Volvo's summary judgment motion and file its cross-motion for summary judgment, if desired, within 14 days of the date of Cook's deposition. Remaining briefs shall be filed in accordance with Local Rule 56.1. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO)
October 8, 2013 Filing 155 NOTICE : Supplemental Jurisdiction Statement, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA, re #151 Entry. (Jarrett, David)
October 4, 2013 Opinion or Order Filing 154 ORDER -In light of the Notice of Withdrawal of Defendants' Motions to File Under Seal [Dkt. 152], the Court shall note the motions [Dkts. 140 and 147] as withdrawn and the Clerk is directed to unseal the Motion for Amend Case Management Deadlines [Dkt. 139] and the Declaration of Robert D. MacGill [Dkt. 146]. Signed by Magistrate Judge Denise K. LaRue on 10/4/2013.(CBU)
October 3, 2013 Filing 152 NOTICE , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR, re #146 SEALED Document, #145 SEALED Reply in support of Motion. (MacGill, Robert)
October 1, 2013 Opinion or Order Filing 151 ENTRY Regarding Deficient Jurisdictional Allegations - By October 8, 2013, the Plaintiff shall file a supplemental jurisdictional statement that sets forth the specific information about the Plaintiff and Defendant Mohr that is necessary to establish the diversity of citizenship of the parties to this case. ***SEE ORDER***. Signed by Judge William T. Lawrence on 10/1/2013.(JKS)
September 30, 2013 Opinion or Order Filing 150 ORDER granting in part and denying in part #139 Mohr's Motion to Amend Case Management Deadlines - The briefing schedule for Volvo's summary judgment motion [Dkt. #141 .] is temporarily suspended. The parties shall participate in a telephonic status conference with the Court on October 9, 2013 at 10 a.m. EST. Prior to the conference, the parties shall confer and discuss the timing of the depositions in light of the summary judgment process and the pending motions for reconsideration. At the conference, the Court shall set a summary judgment briefing schedule that will address Mohr's deadline to respond to Volvo's motion and file its cross motion for summary judgment. The Court shall also set a deadline for Mohr to file its final witness and exhibit lists. *SEE ORDER*. Signed by Magistrate Judge Denise K. LaRue on 9/30/2013.(JD)
September 25, 2013 Opinion or Order Filing 149 ORDER ON MOTIONS TO SEAL - The Court DENIES Defendants' Motion to File Under Seal [Dkt. #140 ] and Motion to File Under Seal [Dkt. #147 .] The documents shall maintain a provisional seal to allow Defendants time to comply with the Court's Order. Signed by Magistrate Judge Denise K. LaRue on 9/25/2013. (JD)
September 23, 2013 Filing 148 RESPONSE in Opposition re #143 MOTION To Limit Expert Testimony , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Crandley, Mark)
September 20, 2013 Filing 147 ***WITHDRAWN per NOTICE OF WITHDRAWAL #152 *** MOTION to Seal Document #146 SEALED Document, #145 SEALED Reply in support of Motion , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert) Modified on 10/4/2013 (JHO).
September 20, 2013 Filing 146 ***UNSEALED PER ORDER OF 10/4/2013***SEALED Declaration of Robert D. MacGill, re #139 SEALED Motion, #145 SEALED Reply in support of Motion, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert) Modified on 10/7/2013 (CBU).
September 20, 2013 Filing 145 SEALED REPLY in support of Motion re #139 SEALED MOTION to Amend Case Management Deadlines , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit Exhibit 1 -- Joint Motion)(MacGill, Robert)
September 10, 2013 Filing 144 RESPONSE in Opposition re #139 SEALED MOTION to Amend Case Management Deadlines, #140 MOTION to Seal Document #139 SEALED MOTION to Amend Case Management Deadlines , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-vacation email, #2 Exhibit 2-Email string, #3 Exhibit 3-Letter canceling expert depositions, #4 Exhibit 4-email canceling fact witness deposition, #5 Exhibit 5-Email canceling other fact witness depositions)(Jarrett, David)
September 6, 2013 Filing 143 MOTION To Limit Expert Testimony, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1-Kleinrichert Report (redacted & w/o exhibits thereto))(Jarrett, David)
September 6, 2013 Filing 142 BRIEF/MEMORANDUM in Support re #141 MOTION for Summary Judgment , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1 - Smith Dep. Excerpts, #2 Exhibit 2- Mohr Dep. Excerpts, #3 Exhibit 3- Walker Dep. Excerpts, #4 Exhibit 4 - Donley Foundational Affidavit with Exhs. 4A-4C, #5 Exhibit 5-Higgins Dep. Excerpts, #6 Exhibit 6-Johnston Dep. Excerpts, #7 Exhibit 7-Conaghan Dep. Excerpts, #8 Exhibit 8-Mohr Truck Inter. Answer)(Jarrett, David)
September 6, 2013 Filing 141 MOTION for Summary Judgment , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
August 27, 2013 Filing 140 ***WITHDRAWN per NOTICE OF WITHDRAWAL #152 *** MOTION to Seal Document #139 SEALED MOTION to Amend Case Management Deadlines , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert) Modified on 10/4/2013 (JHO).
August 27, 2013 Filing 139 ***UNSEALED PER ORDER OF 10/4/2013*** SEALED MOTION to Amend Case Management Deadlines, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: # (1) Text of Proposed Order)(MacGill, Robert) Modified on 10/7/2013 (CBU)
August 2, 2013 Filing 138 Witness List , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
August 2, 2013 Filing 137 Exhibit List , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
July 25, 2013 Filing 136 REPLY in Support of Motion re #120 MOTION for Reconsideration re #112 Order on Motion for Judgment on the Pleadings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Crandley, Mark)
July 22, 2013 Opinion or Order Filing 135 ORDER granting #133 Motion for Extension of Time to 8/8/13 to respond to discovery requests. Signed by Magistrate Judge Denise K. LaRue on 7/22/2013. (TMA)
July 19, 2013 Opinion or Order Filing 134 ORDER VACATING 7/19/13 TELEPHONIC STATUS CONFERENCE. Signed by Magistrate Judge Denise K. LaRue on 7/19/2013. (TMA)
July 18, 2013 Filing 133 MOTION for Extension of Time to August 8, 2013 to respond to Volvo Trucks North America's Second Set of Interrogatories and Second Consolidated Requests for Admissions and Requests for Production, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order Proposed Order)(MacGill, Robert)
July 18, 2013 Opinion or Order Filing 131 SCHEDULING ORDER: Telephonic Status Conference set for 7/19/2013 at 10:00 AM, EST before Magistrate Judge Denise K. LaRue. The purpose of this conference is to assist the parties in a discovery dispute. Before 4:00 p.m., EST on July 18, 2013, the parties are directed to email the Magistrate Judge, at MJLarue@insd.uscourts.gov, and opposing counsel, a brief outline of the dispute and their respective positions on the issue. Counsel will receive call-in instructions for the conference via separate NEF. Signed by Magistrate Judge Denise K. LaRue on 7/18/2013.(REO)
July 17, 2013 Opinion or Order Filing 130 SCHEDULING ORDER: The Jury Trial previously scheduled for November 4, 2013 is hereby VACATED AND RESCHEDULED for June 16, 2014 at 9:00 a.m. in Courtroom 202, Birch Bayh Federal Building and United States District Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The Court allots five days to try this case. The Final Pre-Trial Conference previously scheduled for October 3, 2013 is hereby VACATED AND RESCHEDULED for May 16, 2014 at 10:00 a.m. in Room 202.(DW)
July 15, 2013 Filing 129 RESPONSE in Opposition re #120 MOTION for Reconsideration re #112 Order on Motion for Judgment on the Pleadings as to Count IV, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
July 11, 2013 Filing 128 NOTICE of Filing Consent for Filing of Joint Motion Regarding Case Management Deadlines by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR (MacGill, Robert)
July 10, 2013 Opinion or Order Filing 127 ORDER granting #124 Joint Motion Regarding Case Management Deadlines. Signed by Magistrate Judge Denise K. LaRue on 7/10/2013. (TMA)
July 10, 2013 Filing 126 REDACTION to #103 Exhibit 1 to #118 Reply in Support of Motion by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (TMA) Modified on 7/11/2013 (TMA).
July 10, 2013 Opinion or Order Filing 125 ORDER on #103 MOTION to Seal #102 MOTION to Substitute Reply Brief. Signed by Magistrate Judge Denise K. LaRue on 7/10/2013. (TMA)
July 3, 2013 Filing 124 Joint MOTION Regarding Case Management Deadlines, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR, Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
July 3, 2013 Filing 123 NOTICE of Brief in Support of Sealing Exhibit 9, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA, re #119 Order on Motion to Seal Document. (Attachments: #1 Exhibit 1) (Jarrett, David)
July 1, 2013 Filing 122 RESPONSE in Opposition re #114 MOTION for Reconsideration re #112 Order on Motion for Judgment on the Pleadings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 1, 2013 Filing 121 BRIEF/MEMORANDUM in Support re #120 MOTION for Reconsideration re #112 Order on Motion for Judgment on the Pleadings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
July 1, 2013 Filing 120 MOTION for Reconsideration re #112 Order on Motion for Judgment on the Pleadings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
June 26, 2013 Opinion or Order Filing 119 ORDER - The Court DENIES #103 Defendants' Motion to Seal Exhibit Attached to Substitute Reply in Support of Motion to Compel and Response. (See Order for details.) Signed by Magistrate Judge Denise K. LaRue on 6/26/2013. (TMA)
June 26, 2013 Filing 118 REPLY in Support of Motion re #91 MOTION to Compel Substituted by #117 , filed by Defendant ANDY MOHR TRUCK CENTER. (CKM)
June 26, 2013 Opinion or Order Filing 117 ORDER - granting #102 Motion to Substitute; Having considered the motion and being duly advised, the Court GRANTS the motion and orders that the Mohr's substitute reply brief shall be deemed timely filed and substituted for Docket No. 99. Signed by Magistrate Judge Denise K. LaRue on 6/26/2013. (CKM)
June 26, 2013 Opinion or Order Filing 116 MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge Denise K. LaRue on 6/19/2013 to discuss the extension of discovery deadlines and the impact the Court's rulings on the parties' Motions for Judgment on the Pleadings will have on the scope of discovery. The Court will extend the discovery deadline by 45 days from the date of this Entry, or to and including August 9, 2013. The conference concluded without further order. (See Entry for specific details.) Signed by Magistrate Judge Denise K. LaRue.(REO)
June 18, 2013 Filing 115 BRIEF/MEMORANDUM in Support re #114 MOTION for Reconsideration re #112 Order on Motion for Judgment on the Pleadings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
June 18, 2013 Filing 114 MOTION for Reconsideration re #112 Order on Motion for Judgment on the Pleadings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
June 14, 2013 Opinion or Order Filing 113 ORDER re #43 Mohr's Motion for Judgment on the Pleadings - Mohr's motion for judgment on the pleadings is GRANTED as to Volvo's claim for breach of written contract, and violation of the Indiana Franchise Disclosure Act. Volvo's declaratory judgment claim regarding the Mack Trucks franchise is DISMISSED. Mohr's motion for judgment on the pleadings as to Volvo's claim for declaratory judgment on termination of the Dealer Agreement is DENIED. ***SEE ORDER***. Signed by Judge William T. Lawrence on 6/14/2013. (JKS)
June 14, 2013 Opinion or Order Filing 112 ORDER re #51 Volvo's Motion for Judgment on the Pleadings - Volvo's motion for judgment on the pleadings as to Mohr's claims for breach of oral contract, promissory estoppel, Indiana Franchise Disclosure Act, and breach of written contract is GRANTED. It is GRANTED IN PART as to Mohr's claim for fraud by false impression under the CVA and DENIED IN PART as to Mohr's claim for promised performance under the CVA. Volvo's motion is DENIED as to Mohr's claim for deceptive acts under the Indiana Unfair Practices Act. ***SEE ORDER***. Signed by Judge William T. Lawrence on 6/14/2013. (JKS)
June 12, 2013 Opinion or Order Filing 110 MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge Denise K. LaRue on 6/12/2013 - The parties discussed the impact of the Court's Order on the existing Case Management Plan deadlines. The Court suggested extending the discovery deadline by 60 days to allow Volvo time to produce the documents required and allow the parties to schedule the remaining depositions. Mohr believed 60 days was a reasonable amount of time to complete discovery; however, counsel for Volvo requested time to confer with their client concerning the time required to respond to the outstanding written discovery. The parties agreed to confer regarding these issues and try to reach consensus on the amount of time it will take to complete discovery. Telephonic Status Conference set for 6/19/2013 at 11:30 AM to discuss these issues. Counsel will receive call-in instructions via separate email notification. The conference concluded without further order. (See entry for further details). Signed by Magistrate Judge Denise K. LaRue.(REO)
June 12, 2013 Opinion or Order Filing 109 ORDER granting #92 Motion to Seal Exhibits 7 and 8 to #91 MOTION to Compel . Signed by Magistrate Judge Denise K. LaRue on 6/12/2013. (TMA)
June 12, 2013 Opinion or Order Filing 108 ORDER granting #96 Motion to Seal #95 Exhibits 15 through 19 to Plaintiff's Consolidated Brief in Support of Motion to Quash/Motion for Protection and in Opposition to Defendants' Motion to Compel Discovery. Signed by Magistrate Judge Denise K. LaRue on 6/12/2013. (TMA)
June 11, 2013 Opinion or Order Filing 107 ORDER granting in part and denying in part #91 Motion to Compel and DENIES Volvo's Motion to Quash #94 . (See order for specific details). Signed by Magistrate Judge Denise K. LaRue on 6/11/2013. (REO) Modified on 6/12/2013 (REO).
June 7, 2013 Opinion or Order Filing 105 MINUTE ORDER for Telephonic Oral Argument held before Magistrate Judge Denise K. LaRue on 6/7/2013 - The Court heard arguments from both parties concerning the motions and took the matter under advisement. The parties agreed the depositions of Volvo employees scheduled for June 12 and June 13, 2013 in Greensboro, North Carolina, will go forward as planned. The parties will reconvene with the Court for a telephonic status conference on Wednesday, June 12, 2013, at 8:30 a.m. EST. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (Court Reporter Jean Knepley.)(REO)
June 6, 2013 Filing 104 NOTICE of Sealed Cover Sheet, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR, re #103 MOTION to Seal Document #102 MOTION to Substitute Reply Brief . (MacGill, Robert)
June 6, 2013 Filing 103 MOTION to Seal Document #102 MOTION to Substitute Reply Brief , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: # (1) Exhibit, # (2) Text of Proposed Order)(MacGill, Robert) Modified on 7/11/2013 (TMA).
June 6, 2013 Filing 102 MOTION to Substitute Reply Brief, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Exhibit A, Substitute Reply Brief, #2 Text of Proposed Order)(MacGill, Robert)
June 5, 2013 Opinion or Order Filing 100 SCHEDULING ORDER: Telephonic Oral Argument set for 6/7/2013 02:00 PM before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 6/5/2013. (TMA)
June 3, 2013 Filing 99 ***SUBSTITUTED BY #118 ***REPLY in Support of Motion re #91 MOTION to Compel , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert) Modified on 6/27/2013 (REO).
May 31, 2013 Filing 98 SEALED EXHIBITS 15 to 19, re #96 Motion to Seal a Document, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 15 - Mohr Excerpts, #2 Exhibit 16- Walker Excerpts, #3 Exhibit 17- Jeanor Excerpts, #4 Exhibit 18- Smith Excerpts, #5 Exhibit 19- Vaughn Excerpts)(Jarrett, David)
May 31, 2013 Filing 97 NOTICE of SEALED COVER SHEET, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA, re #96 MOTION to Seal Document #95 Brief/Memorandum in Support of Motion for Protection/Motion to Quash. (Jarrett, David)
May 31, 2013 Filing 96 MOTION to Seal Document #95 Brief/Memorandum in Support of Motion for Protection/Motion to Quash, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
May 31, 2013 Filing 95 BRIEF/MEMORANDUM in Support re #94 MOTION for Protective Order , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: # (1) Exhibit 1-email string, # (2) Exhibit 2-email string, # (3) Exhibit 3-email string, # (4) Exhibit 4-May 14,2013 notice of oral dep., # (5) Exhibit 5-email string, # (6) Exhibit 6-email string, # (7) Exhibit 7-email string, # (8) Exhibit 8-subpoena, # (9) Exhibit 9-objs to subpoena, # (10) Exhibit 10-Medical Assur. case, # (11) Exhibit 11-CSX case, # (12) Exhibit 12-Catt case, # (13) Exhibit 13-Defs' Initial Disclosure, # (14) Exhibit 14-Defs' Interr. Answers, # (15) Exhibit 20-Trinity Homes case, # (16) Exhibit 21-Kleinrichert excerpt, # (17) Exhibit 22-email, # (18) Exhibit 23-Amended Depo. Notice, # (19) Exhibit 24-Zappia case, # (20) Exhibit 25-EEOC case, # (21) Exhibit 26-Rolls Royce case, # (22) Exhibit Jan. 29, 2013 letter, # (23) Exhibit Objs. to 30(b)(6) notice)(Jarrett, David) Modified on 6/12/2013 (TMA). *** ATTACHMENTS 15-19 ARE SEALED PER #108 ORDER OF 6/12/13 ***
May 31, 2013 Filing 94 MOTION for Protective Order , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
May 29, 2013 Filing 93 Witness List (Third Amended Preliminary), filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
May 28, 2013 Filing 92 MOTION to Seal Document #91 MOTION to Compel Exhibits 7 and 8, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
May 24, 2013 Filing 91 MOTION to Compel , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: # (1) Exhibit Second Set of Interrogatories, # (2) Exhibit Notice of Deposition, # (3) Exhibit First Set of Interrogatories, # (4) Exhibit Objections to Rule 30(b)(6), # (5) Exhibit November 7 Letter, # (6) Exhibit Supplemental Interrogatory Responses, # (7) Exhibit Fitzpatrick Deposition, # (8) Exhibit Fitzpatrick Deposition 2, # (9) Exhibit Email correspondance, # (10) Text of Proposed Order)(MacGill, Robert) Modified on 6/12/2013 (TMA). *** ATTACHMENTS 7 & 8 ARE SEALED PER #109 ORDER OF 6/12/13 ***
May 22, 2013 Filing 90 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Telephonic Status Conference held on 5/22/2013 to allow the Court to assist with a discovery dispute. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue. (TMA)
May 20, 2013 Filing 89 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Telephonic Status Conference held on 5/20/2013 to allow the Court to assist with a discovery dispute. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue. (TMA)
May 16, 2013 Filing 88 MARGINAL ENTRY denying as moot Defts' #80 Motion for Extension of fact discovery deadline. Signed by Magistrate Judge Denise K. LaRue on 5/16/2013. (SWM)
May 15, 2013 Opinion or Order Filing 87 ORDER granting Parties' #86 Joint Motion Regarding Case Management Deadlines: Fact discovery in this matter shall close on June 28, 2013. Any dispositive motions shall be filed on or before July 19, 2013. Volvo Trucks's rebuttal expert report shall be served on or before May 29, 2013. Mohr Trucks' rebuttal expert report shall be served on or before June 27, 2013. All other case management deadlines shall remain unchanged. Signed by Magistrate Judge Denise K. LaRue on 5/15/2013.(SWM)
May 13, 2013 Filing 86 Joint MOTION To Amend Case Management Plan, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(Crandley, Mark)
May 3, 2013 Filing 85 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Settlement Conference held on 4/17/2013. Conference concluded without resolution. Signed by Magistrate Judge Denise K. LaRue.(SWM)
May 3, 2013 Opinion or Order Filing 84 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Telephonic Status Conference held on 3/18/2013. The parties participated in an unscheduled telephonic status conference to allow the Court to assist with a discovery issue. Parties were heard. Parties were directed to confer regarding the scheduling of depositions and report back to the Court later on this same date. Parties reported that after conferring they were able to work out these issues. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue.(SWM)
May 3, 2013 Filing 82 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Telephonic Status Conference held on 5/3/2013. Telephonic Status Conference is continued to 5/7/2013 02:30 PM before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue. (TMA)
May 1, 2013 Filing 81 RESPONSE in Opposition re #80 MOTION for Extension of Time to 5/31/2013 to Complete Fact Discovery , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A - Notice of 30(b)(6) deposition, #2 Exhibit B - Objections to 30(b)(6) notice, #3 Exhibit C - Email between counsel)(Jarrett, David)
April 25, 2013 Filing 80 MOTION for Extension of Time to 5/31/2013 to Complete Fact Discovery, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Email Chain Regarding Deposition Dates, #3 Exhibit 2 - Letter Requesting Deposition Dates, #4 Exhibit 3 - Email Chain Regarding Deposition Dates and Extension, #5 Exhibit 4 - Email Requesting Conference)(MacGill, Robert)
April 24, 2013 Opinion or Order Filing 79 ORDER granting #70 Plaintiff's Motion Requesting Limited Extension of Fact Discovery Deadline for the purpose of taking the deposition of Defendant Andy Mohr Truck Center's current chief operating officer after the April 1, 2013 discovery cutoff but before April 30, 2013. Signed by Magistrate Judge Denise K. LaRue on 4/24/2013. (TMA)
April 18, 2013 Opinion or Order Filing 78 ORDER granting #68 Defendants' Motion Requesting Limited Extension of FactDiscovery Deadline to 4/30/13. Signed by Magistrate Judge Denise K. LaRue on 4/18/2013. (TMA)
April 18, 2013 Opinion or Order Filing 77 ORDER granting #67 Motion for Extension of Time. Discovery due by 4/30/2013. Signed by Magistrate Judge Denise K. LaRue on 4/18/2013. (TMA)
April 16, 2013 Filing 76 Witness List First Amended Preliminary, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
April 15, 2013 Opinion or Order Filing 75 ORDER granting #74 Motion for Extension of Time to 4/16/13 for Expert Witness Disclosure and Report. Signed by Magistrate Judge Denise K. LaRue on 4/15/2013. (TMA)
April 12, 2013 Filing 74 Joint MOTION for Extension of Time to April 16, 2013 for Expert Witness Disclosure and Report, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR, Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order Proposed Order granting Joint Motion Requesting Extension of Deadline for Expert Witness Disclosure and Report)(Donley, Billy)
April 12, 2013 Opinion or Order Filing 73 ORDER granting #66 Motion for Extension of Time to 4/15/13 to serve statements of special damages and settlement demands. Signed by Magistrate Judge Denise K. LaRue on 4/12/2013. (TMA)
April 9, 2013 Opinion or Order Filing 72 ORDER granting #71 parties' Joint Motion Requesting Extension of Deadline for Filing Motions for Summary Judgment. Dispositive Motions due by 5/4/2013. Signed by Magistrate Judge Denise K. LaRue on 4/9/2013. (TMA)
April 4, 2013 Filing 71 Joint MOTION Requesting Extension of Deadline for Filing Summary Judgment Motions, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Jarrett, David)
April 1, 2013 Filing 70 MOTION for Limited Extension of Fact Discovery Deadline, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order to Motion for Limited Extension of Fact Discovery Deadline)(Jarrett, David)
April 1, 2013 Filing 69 EXHIBIT re #68 MOTION for Extension of Time to April 30, 2013 to Complete Fact Discovery (Proposed Order) by ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
March 29, 2013 Filing 68 MOTION for Extension of Time to April 30, 2013 to Complete Fact Discovery, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
March 28, 2013 Filing 67 MOTION for Extension of Time to April 30, 2013 , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (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 Exhibit 9, #10 Text of Proposed Order proposed Order)(Donley, Billy)
March 14, 2013 Filing 66 Joint MOTION for Extension of Time to 4/15/2013 to File Statement of Special Damages and Settlement Demand, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
March 8, 2013 Filing 64 Witness List (Preliminary), filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
March 8, 2013 Filing 63 Exhibit List (Preliminary), filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
March 8, 2013 Filing 62 Exhibit List (Preliminary), filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
March 8, 2013 Filing 61 Witness List (Preliminary), filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
February 18, 2013 Filing 60 REPLY in Support of Motion re #51 MOTION for Judgment on the Pleadings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
February 13, 2013 Filing 59 TRIAL PROCEDURES AND PRACTICES before Judge William T. Lawrence. (DW)
February 13, 2013 Opinion or Order Filing 58 SCHEDULING ORDER: Jury Trial set for 11/4/2013 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Final Pretrial Conference set for 10/3/2013 at 10:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. (DW)
February 12, 2013 Opinion or Order Filing 57 SCHEDULING ORDER: Settlement Conference set for 4/17/2013 09:00 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 2/12/2013. (TMA)
February 12, 2013 Opinion or Order Filing 56 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 4/19/2013. Discovery due by 4/1/2013. Signed by Magistrate Judge Denise K. LaRue on 2/12/2013. (TMA)
February 12, 2013 Filing 55 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Initial Pretrial Conference held on 1/9/2013. Telephonic Status Conference set for 3/18/2013 04:00 PM before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue. (TMA)
February 11, 2013 Filing 54 RESPONSE in Opposition re #51 MOTION for Judgment on the Pleadings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (Crandley, Mark)
February 4, 2013 Filing 53 REPLY in Support of Motion re #43 MOTION for Judgment on the Pleadings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MOHR. (MacGill, Robert)
January 25, 2013 Filing 52 BRIEF/MEMORANDUM in Support re #51 MOTION for Judgment on the Pleadings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
January 25, 2013 Filing 51 MOTION for Judgment on the Pleadings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
January 25, 2013 Filing 50 RESPONSE in Opposition re #43 MOTION for Judgment on the Pleadings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Riley, James)
January 17, 2013 Opinion or Order Filing 49 ORDER granting #47 Motion for Extension of Time to File Response to 1/25/2013 re #43 MOTION for Judgment on the Pleadings . Signed by Magistrate Judge Denise K. LaRue on 1/17/2013. (TMA)
January 16, 2013 Filing 48 Submission of Proposed Order Granting Plaintiff's Unopposed Motion to Extend Time to Respond to Defendant's Motion for Judgment on the Pleadings, re #47 Unopposed MOTION for Extension of Time to January 25, 2013 to file response to #43 MOTION for Judgment on the Pleadings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Riley, James)
January 14, 2013 Filing 47 Unopposed MOTION for Extension of Time to January 25, 2013 to file response to #43 MOTION for Judgment on the Pleadings , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Donley, Billy)
January 9, 2013 Filing 46 NOTICE of Appearance by Robert D. MacGill on behalf of Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (MacGill, Robert)
January 7, 2013 Opinion or Order Filing 45 ORDER granting #41 Motion for Protective Order. AGREED PROTECTIVE ORDER - APPROVED and signed by Magistrate Judge Denise K. LaRue on 1/7/2013. (TMA)
January 4, 2013 Filing 44 BRIEF/MEMORANDUM in Support re #43 MOTION for Judgment on the Pleadings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (MacGill, Robert)
January 4, 2013 Filing 43 MOTION for Judgment on the Pleadings , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (MacGill, Robert)
December 28, 2012 Filing 42 JOINT CASE MANAGEMENT PLAN TENDERED, filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH . (MacGill, Robert)
December 6, 2012 Filing 41 Joint MOTION for Protective Order , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (Attachments: #1 Exhibit A)(MacGill, Robert)
November 28, 2012 Opinion or Order Filing 40 SCHEDULING ORDER: Initial Pretrial Conference set for 1/9/2013 01:00 PM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 11/28/2012. (TMA)
November 27, 2012 Filing 39 ENTRY REGARDING CONSOLIDATION: The Clerk is DIRECTED to consolidate the action captioned Volvo Trucks North America v. Andy Mohr Truck Center and Andrew F. Mohr, et al., No. 1:12-cv-448-WTL-DKL, with the action captioned Andy Mohr Truck Center, Inc. v. Volvo Trucks North America, No. 1:12-cv-701-WTL-DKL. Those two actions shall proceed under the 1:12-cv-448-WTL-DKL cause number. The Clerk shall then administratively close Andy Mohr Truck Center, Inc. v. Volvo Trucks North America, No. 1:12-cv-701-WTL-DKL ***SEE ENTRY***. Signed by Judge William T. Lawrence on 11/27/2012.(DW)
October 23, 2012 Filing 38 ANSWER to #16 Amended Complaint , filed by ANDY MOHR TRUCK CENTER, ANDREW F. MORH.(Crandley, Mark)
October 9, 2012 Opinion or Order Filing 37 ORDER granting #26 Defendants' Second Motion to Dismiss - The Defendants' motion to dismiss the Plaintiff's claims for fraudulent inducement, promissory estoppel, and equitable estoppel/constructive fraud is GRANTED. (SEE ENTRY). Signed by Judge William T. Lawrence on 10/9/2012. (JKS)
September 19, 2012 Opinion or Order Filing 36 ENTRY denying #35 Motion for Protective Order. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/19/2012. (TMA)
September 12, 2012 Filing 35 Joint MOTION for Protective Order , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (Attachments: #1 Exhibit A)(MacGill, Robert)
August 15, 2012 Filing 34 NOTICE of Appearance by James W. Riley, Jr on behalf of Plaintiff VOLVO TRUCKS NORTH AMERICA. (Riley, James)
July 23, 2012 Filing 33 REPLY in Support of Motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (MacGill, Robert)
July 17, 2012 Filing 32 NOTICE of Appearance by Jessica M. Lindemann on behalf of Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (Lindemann, Jessica)
July 12, 2012 Filing 31 RESPONSE in Opposition re #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
July 5, 2012 Filing 30 Plaintiff's Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA . (Donley, Billy)
July 5, 2012 Opinion or Order Filing 29 ORDER granting #28 Motion for Extension of Time to File Response to 7/13/2012 re #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Signed by Magistrate Judge Denise K. LaRue on 7/5/2012. (TMA)
July 2, 2012 Filing 28 Unopposed MOTION for Extension of Time to July 13, 2012 to file response to #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Time)(Donley, Billy)
June 22, 2012 Filing 27 BRIEF/MEMORANDUM in Support re #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (MacGill, Robert)
June 22, 2012 Filing 26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (MacGill, Robert)
June 21, 2012 Filing 25 NOTICE of Action Taken to Comply with Order, filed by Plaintiff VOLVO TRUCKS NORTH AMERICA, re #24 Order on Motion to Seal Document. (Attachments: #1 Exhibit 1-1) (Jarrett, David)
June 19, 2012 Opinion or Order Filing 24 ORDER granting IN PART Pltf's #21 Motion to Seal. The Court ORDERS that Exhibit 1-1 in its entirety be placed under seal since the Court cannot seal specific pages of a document. The Court also cannot replace pages within a document. Therefore, within 7 days of the date of this order, the Plaintiff shall file Exhibit 1-1, with redactions, in its entirety, which, upon filing, shall be deemed substituted for the original Exhibit 1-1 as submitted with the Complaint. Signed by Magistrate Judge Denise K. LaRue on 6/19/2012. (SWM)
June 18, 2012 Opinion or Order Filing 23 ORDER granting #20 Motion for Extension of Time to 6/22/12 to respond to amended complaint. Signed by Magistrate Judge Denise K. LaRue on 6/18/2012. (TMA)
June 18, 2012 Opinion or Order Filing 22 ORDER granting #18 Motion for Extension of Time to 6/15/12 to respond to amended complaint. Signed by Magistrate Judge Denise K. LaRue on 6/18/2012. (TMA)
June 18, 2012 Filing 21 Unopposed MOTION to Seal Document #1 Complaint , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit A (proposed Doc.1-1, Page ID#46.1), #2 Exhibit B (proposed Doc. 1-1, Page ID#49.1), #3 Exhibit C (proposed Doc. 1-1, Page ID#50.1), #4 Text of Proposed Order)(Jarrett, David)
June 15, 2012 Filing 20 MOTION for Extension of Time to June 22, 2012 in which to #16 Amended Complaint , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (Attachments: #1 Text of Proposed Order)(MacGill, Robert)
May 31, 2012 Filing 19 Corporate Disclosure Statement by ANDY MOHR TRUCK CENTER. (Crandley, Mark)
May 29, 2012 Filing 18 MOTION for Extension of Time to June 15, 2012 , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (Attachments: #1 Text of Proposed Order)(Crandley, Mark)
May 22, 2012 Filing 17 RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
May 22, 2012 Filing 16 AMENDED COMPLAINT of Volvo Trucks North America against All Defendants, filed by VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Exhibit 1 to First Amended Complaint, #2 Exhibit 2 to First Amended Complaint)(Jarrett, David)
May 10, 2012 Filing 15 NOTICE to File Corporate Disclosure Statement to ANDY MOHR TRUCK CENTER. (LAB) (DW)
May 9, 2012 Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (Crandley, Mark)
May 9, 2012 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (Crandley, Mark)
May 9, 2012 Filing 12 NOTICE of Appearance by Mark Jason Crandley on behalf of Defendants ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (Crandley, Mark)
May 4, 2012 Filing 11 RETURN of Personal Service, filed by VOLVO TRUCKS NORTH AMERICA. ANDY MOHR TRUCK CENTER served on 5/2/2012. (Jarrett, David)
May 4, 2012 Filing 10 RETURN of Personal Service, filed by VOLVO TRUCKS NORTH AMERICA. ANDREW F. MORH served on 5/2/2012. (Jarrett, David)
May 4, 2012 Filing 9 AFFIDAVIT of Service for Summons on Andy Mohr Truck Center and Andrew F. Mohr served on Nikki Smythe on 5/2/2012, filed by VOLVO TRUCKS NORTH AMERICA. (Jarrett, David)
April 19, 2012 Filing 8 Summons Issued as to ANDY MOHR TRUCK CENTER, ANDREW F. MORH. (DW)
April 10, 2012 Opinion or Order Filing 7 ORDER granting #5 Motion to Appear pro hac vice. Attorney Billy M. Donley for VOLVO TRUCKS NORTH AMERICA added. Signed by Magistrate Judge Denise K. LaRue on 4/10/2012. (TMA)
April 6, 2012 Filing 6 RECEIPT #IP029194 in the amount of $ 30.00 re #5 MOTION for Attorney Billy M. Donley to Appear pro hac vice. (JD)
April 5, 2012 Filing 5 MOTION for Attorney(s) Billy M. Donley to Appear pro hac vice., filed by Plaintiff VOLVO TRUCKS NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(MAC)
April 5, 2012 Filing 4 Corporate Disclosure Statement by VOLVO TRUCKS NORTH AMERICA identifying Corporate Parent AKTIEBOLAGET VOLVO ("AB Volvo"), Other Affiliate MACK TRUCKS, INC. for VOLVO TRUCKS NORTH AMERICA. (MAC)
April 5, 2012 Filing 3 NOTICE of Lawsuit & Request for Waiver of Service for Summons Supplied by VOLVO TRUCKS NORTH AMERICA (MAC)
April 5, 2012 Filing 2 NOTICE of Appearance by David Ray Jarrett on behalf of Plaintiff VOLVO TRUCKS NORTH AMERICA. (MAC)
April 5, 2012 Filing 1 COMPLAINT and Demand for Jury Trial against ANDY MOHR TRUCK CENTER, ANDREW MOHR, filed by VOLVO TRUCKS NORTH AMERICA. *** EXHIBIT 1-1 and 1-2 SEALED PER ORDER DATED 6/19/2012 *** (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 2, #4 Civil Cover Sheet, #5 Receipt IP029178)(MAC) Modified on 6/20/2012 (SWM). Modified on 1/13/2017 (BRR).

Access additional case information on PACER

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

Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System

Search for this case: ANDY MOHR TRUCK CENTER, INC v. VOLVO TRUCKS NORTH AMERICA
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: VOLVO TRUCKS NORTH AMERICA
Represented By: Stephanie Snell Chaudhary
Represented By: Billy M. Donley
Represented By: David Ray Jarrett
Represented By: James W. Riley, Jr.
Represented By: Guenther Karl Fanter
Represented By: Thomas D. Warren
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ANDY MOHR TRUCK CENTER
Represented By: Robert D. MacGill
Represented By: Jessica M. Lindemann
Represented By: Mark Jason Crandley
Represented By: Justin David Rumer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ANDREW F. MOHR
Represented By: Robert D. MacGill
Represented By: Jessica M. Lindemann
Represented By: Mark Jason Crandley
Represented By: Justin David Rumer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ANDY MOHR TRUCK CENTER, INC.
Represented By: Robert D. MacGill
Represented By: Jessica M. Lindemann
Represented By: Mark Jason Crandley
Represented By: Dennis P. Stolle
Represented By: Alexander Pape Orlowski
Represented By: Justin David Rumer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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

Why Is My Information Online?