Central Service & Supply, Inc. v. Caterpillar, Inc.
| Central Service & Supply, Inc. |
| Caterpillar, Inc. |
| State of Iowa |
| Caterpillar |
| 4:2012cv00270 |
| June 19, 2012 |
| US District Court for the Southern District of Iowa |
| Central Office |
| Polk |
| Celeste F Bremer |
| James E Gritzner |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2013. A more recent docket listing may be available from PACER.
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Filing 59
ORDER denying #55 Motion to Alter or Amend Judgment. See order for particulars. Signed by Chief Judge James E. Gritzner on 10/29/2013. (nlh)
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| Filing 58 Costs Taxed in amount of $ 329.80 against Plaintiff (pb, ) |
| Filing 57 REPLY to Resistance to re #55 MOTION to Alter Judgment filed by Central Service & Supply, Inc..(Obermeier, Bradley) |
| Filing 56 RESPONSE to Motion re #55 MOTION to Alter Judgment filed by Caterpillar, Inc.. Replies due by 7/11/2013. (Attachments: #1 Exhibit A, #2 Affidavit)(Commins, Gregory) |
| Filing 55 MOTION to Alter Judgment by Central Service & Supply, Inc.. Responses due by 7/1/2013 (Attachments: #1 Memorandum in Support)(Obermeier, Bradley) |
| Filing 54 BILL OF COSTS by Caterpillar, Inc.. Deadline for Objections to Bill of Costs set for 6/17/2013. (Attachments: #1 Affidavit, #2 Exhibit A)(Commins, Gregory) |
| Filing 53 JUDGMENT in favor of Caterpillar, Inc. against Central Service & Supply, Inc.. Signed by Clerk Marjorie Krahn on 5/21/2013. (pb, ) |
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Filing 52
ORDER. This action is dismissed for lack of federal jurisdiction. The Court denies as moot #7 motion to dismiss, #30 motion to dismiss, and #38 motion to strike. See order for particulars. Signed by Chief Judge James E. Gritzner on 5/17/2013. (nlh)
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| Filing 51 NOTICE of Appearance by Jason T Madden on behalf of Caterpillar, Caterpillar, Inc. (Madden, Jason) |
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Filing 50
ORDER GIVING NOTICE OF DISMISSAL Rule 16 Dismissal deadline set for 5/31/2013. Signed by Clerk Marjorie Krahn on 5/14/2013. (dv, )
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| Filing 49 RESPONSE to Motion re #7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) Caterpillar Inc.'s Response to Plaintiff's Supplemental Brief [Docket 48] Addressing the "Ripeness" Issue filed by Caterpillar, Inc.. Replies due by 5/10/2013. (Attachments: #1 Exhibit A)(Commins, Gregory) |
| Filing 48 RESPONSE to Motion re #7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) SUPPLEMENTAL BRIEF RE: RIPENESS ISSUE filed by Central Service & Supply, Inc.. Replies due by 5/3/2013. (Attachments: #1 Declaration of Daniel Abramovich)(Obermeier, Bradley) |
| Filing 47 TRANSCRIPT of Proceedings re #46 Motion Hearing, held on 4/16/2013 before Judge Gritzner. Court Reporter: Terri L. Martin, Telephone Number: 515.284.6444. Page No(s).: 1-69. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 5/16/2013. Redacted Transcript Deadline set for 5/28/2013. Release of Transcript Restriction set for 7/25/2013. (Martin, Terri) |
| Filing 46 Minute Entry for proceedings held before Chief Judge James E. Gritzner: Motion Hearing held on 4/16/2013 re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caterpillar, Inc., #38 MOTION to Strike filed by Caterpillar, Caterpillar, Inc., #7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Caterpillar, Inc. See attached minute entry for particulars. Time in court: 2 hours 7 minutes. (Court Reporter Terri Martin) (LCB) |
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Filing 45
TEXT ORDER granting #44 Motion to Continue. Hearing previously set for 3/7/2013 is continued and will now commence at 9:00 a.m. on 4/16/2013 at the U.S. Courthouse in Des Moines before Chief Judge James E. Gritzner. Signed by Chief Judge James E. Gritzner on 3/6/2013. (nlh)
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| Filing 44 Unresisted MOTION to Continue Hearing on Motion to Dismiss by Caterpillar, Caterpillar, Inc..Motions referred to Celeste F. Bremer. Responses due by 3/22/2013 (Tripp, Mark) |
| Parties in this case have not consented to Video Recording in this case as part of the Cameras in Court Pilot Project. (sk, ) |
| Filing 43 CAMERAS PILOT PROJECT: NOTIFICATION REGARDING VIDEO RECORDING - Parties should complete Form E, Party Response Regarding Video Recording, and return it to the Clerk's Office no later than 7 (seven) days before the scheduled hearing. Do NOT file Form E in CM/ECF. E-mail Form E to IASD_casemanagers@iasd.uscourts.gov. Notification and Party Response Forms Regarding Video Recording sent to Parties. (dv, ) |
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Filing 42
ORDER regarding status of pleadings. Signed by Magistrate Judge Celeste F. Bremer on 1/15/2013. (sk, )
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| Set/Reset Hearings: Motion Hearing [7 and 30] set for 3/7/2013 10:30 AM in Des Moines - Room 160- 1st Floor North before Chief Judge James E. Gritzner. Set by Text Order 37 . (mlr) |
| Filing 41 Minute Entry for proceedings held before Magistrate Judge Celeste F. Bremer: Motion Hearing held on 1/14/2013 re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caterpillar, Inc., #38 MOTION to Strike filed by Caterpillar, Caterpillar, Inc., #7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Caterpillar, Inc. (Court Reporter Kelli Mulcahy.) (pb, ) |
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Filing 40
TEXT ORDER re #26 Intervenor Complaint filed by State of Iowa, #33 Joinder by Plaintiff; #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caterpillar, Inc., and #38 MOTION to Strike filed by Caterpillar, Caterpillar, Inc. Hearing is set for 1/14/2013 11:00 AM by phone to discuss the status of the pleadings (Defendant notes (ECF 38) that certain pleadings have been withdrawn; however, the docket does not indicate that) and the issue of Joinder before Magistrate Judge Celeste F. Bremer. Counsel should call the Court's conference line at 515-284-6266 and enter code 116266 at the prompt. Signed by Magistrate Judge Celeste F. Bremer on 1/9/2013. (mlr)
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| Filing 39 REPLY re #38 MOTION to Strike filed by Central Service & Supply, Inc..(Green, Brent) |
| Filing 38 MOTION TO STRIKE to re #33 Joinder CATERPILLAR INC.'S RESISTANCE TO PLAINTIFF'S JOINDER IN STATE OF IOWA'S MOTION FOR INTERVENTION AND RESPONSE TO CATERPILLAR INC.'S MOTION TO DISMISS THE STATE OF IOWA'S COMPLAINT by Caterpillar, Caterpillar, Inc.. (Abrams, Robert) Modified changed to motion on 1/7/2013 (gk, ). |
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Filing 37
TEXT ORDER resetting hearing on motions #7 and #30 to commence at 10:30 a.m. on 3/7/2013 at the U.S. Courthouse in Des Moines, Room 160, before Chief Judge James E. Gritzner. Signed by Chief Judge James E. Gritzner on 1/3/2013. (nlh)
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| Filing 36 CAMERAS PILOT PROJECT: NOTIFICATION REGARDING VIDEO RECORDING - Parties should complete Form E, Party Response Regarding Video Recording, and return it to the Clerk's Office no later than 7 (seven) days before the scheduled hearing. Do NOT file Form E in CM/ECF. E-mail Form E to IASD_casemanagers@iasd.uscourts.gov. Notification and Party Response Forms Regarding Video Recording sent to Parties. (sk, ) |
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Filing 35
TEXT ORDER setting hearing on motions #7 #30 to dismiss. Hearing set for 2/12/2013 at 09:00 a.m. at the U.S. Courthouse in Des Moines, Room 160, before Chief Judge James E. Gritzner. Signed by Chief Judge James E. Gritzner on 12/26/2012. (nlh)
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| Filing 34 REPLY re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caterpillar, Inc..(Abrams, Robert) |
| Filing 33 Joinder by Plaintiff re #23 Motion to Intervene filed by State of Iowa, #32 Response to Motion filed by State of Iowa. (Obermeier, Bradley) |
| Filing 32 RESPONSE to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by State of Iowa. Replies due by 12/24/2012.(Lindebak, Layne) |
| Filing 31 REPLY to State of Iowa's Resistance re #7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Caterpillar, Inc..(Tripp, Mark) |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Caterpillar, Inc.. Responses due by 12/14/2012 (Attachments: #1 Memorandum in Support)(Commins, Gregory) |
| Filing 29 RESISTANCE to Motion re #7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by State of Iowa. Replies due by 11/30/2012. (jm) |
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Filing 28
TEXT ORDER granting #27 Motion for Extension of Time to File. The Clerk shall detach and file the Resistance attached to the Motion #27 . Signed by Magistrate Judge Celeste F. Bremer on 11/15/2012. (lav)
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| Filing 27 MOTION for Extension of Time to File Resistance to Motion to Dismiss by State of Iowa.Motions referred to Celeste F. Bremer. Responses due by 12/3/2012 (Attachments: #1 Exhibit State's Resistance to Motion to Dismiss)(Lindebak, Layne) |
| Filing 26 Intervenor COMPLAINT, filed by State of Iowa. (Attachments: #1 Brief in Support) (don, ) |
| Set/Reset Deadlines: Caterpillar answer due 3/7/2013; Caterpillar, Inc. answer due 3/7/2013. Notice of Dismissal for lack of Service deadline set for 3/7/2013. (don, ) |
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Filing 25
TEXT ORDER granting #23 Motion to Intervene. This Motion was granted in the Court's Order of September 7, 2012 #21 . Signed by Magistrate Judge Celeste F. Bremer on 11/2/2012. (mlr)
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| Filing 24 Errata Providing certificate of service re #23 Motion to Intervene filed by State of Iowa. (Lindebak, Layne) |
| Filing 23 MOTION to Intervene by State of Iowa.Motions referred to Celeste F. Bremer. Responses due by 11/19/2012 (Attachments: #1 Brief in Support, #2 Exhibit Complaint)(Lindebak, Layne) |
| Filing 22 REPLY in Support of Motion to Dismiss re #7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Caterpillar, Inc.. (Attachments: #1 Declaration of Debra Hapiuk)(Tripp, Mark) |
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Filing 21
ORDER pursuant to 28 U.S.C. 2403, certifying Constitutional challenge to the Iowa Attorney General. Clerk directed to serve copy of Order on Iowa A.G. Tom Miller. See order for particulars. Signed by Chief Judge James E. Gritzner on 9/7/2012. (nlh)
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| Filing 20 NOTICE by Caterpillar, Inc. of Constitutional Challenge (Tripp, Mark) |
| Filing 19 NOTICE Plaintiff's Memorandum in Support of Resistance to Defendant's Motion to Dismiss Complaint by Central Service & Supply, Inc. re #7 Response to Motion, (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C) (dv, ) Modified on 9/6/2012 (dv, ). |
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Filing 18
TEXT ORDER granting #17 Motion to file overlength brief. The Clerk shall detach and file the brief attached to the Motion #17 . Signed by Magistrate Judge Celeste F. Bremer on 8/28/2012. (mlr)
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| Filing 17 Unresisted MOTION to file overlength brief in Support of Resistance to Defendant's Motion to Dismiss Complaint by Central Service & Supply, Inc..Motions referred to Celeste F. Bremer. Responses due by 9/13/2012 (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Green, Brent) |
| Filing 16 RESPONSE to Motion re #7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Central Service & Supply, Inc.. Replies due by 9/7/2012.(Green, Brent) |
| Filing 15 TEXT ORDER granting #11 Motion for Leave to Appear Pro Hac Vice Danyll W. Foix. Signed by Clerk Marjorie Krahn on 8/13/2012. (dv, ) |
| Filing 14 TEXT ORDER granting #10 Motion for Leave to Appear Pro Hac Vice Gregory J. Commins, Jr. Signed by Clerk Marjorie Krahn on 8/13/2012. (dv, ) Modified on 8/13/2012 (dv, ). |
| Filing 13 TEXT ORDER granting #9 Motion for Leave to Appear Pro Hac Vice Carey S. Busen. Signed by Clerk Marjorie Krahn on 8/13/2012. (dv, ) |
| Filing 12 TEXT ORDER granting #8 Motion for Leave to Appear Pro Hac Vice Robert G. Abrams. Signed by Clerk Marjorie Krahn on 8/13/2012. (dv, ) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-1802269 Fee paid in the amount of $75. by Caterpillar, Inc..Motions referred to Celeste F. Bremer. (Attachments: #1 Foix Certificate of Good Standing)(Tripp, Mark) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-1802264 Fee paid in the amount of $75. by Caterpillar, Inc..Motions referred to Celeste F. Bremer. (Attachments: #1 Commins Certificate of Good Standing)(Tripp, Mark) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-1802254 Fee paid in the amount of $75. by Caterpillar, Inc..Motions referred to Celeste F. Bremer. (Attachments: #1 Busen Certificate of Good Standing)(Tripp, Mark) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-1802241 Fee paid in the amount of $75. by Caterpillar, Inc..Motions referred to Celeste F. Bremer. (Attachments: #1 Certificate of Good Standing)(Tripp, Mark) |
| Filing 7 MOTION to Dismiss Central Service & Supply, Inc.'s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Caterpillar, Inc.. Responses due by 8/27/2012 (Attachments: #1 Memorandum in Support, #2 Declaration of Philip Kelliher, #3 Exhibit 1 - Domestic Distributor Agreement, #4 Exhibit 2 - Kelliher Letter 08/23/11, #5 Declaration of J. P. Kumar, #6 Exhibit 3 - Kumar Letter 01/27/12)(Tripp, Mark) |
| Filing 6 Corporate Disclosure/Statement of Interest by Caterpillar, Inc.. (Tripp, Mark) |
| Set/Reset Deadlines: Caterpillar, Inc. answer due 8/8/2012. (dv, ) |
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Filing 5
TEXT ORDER granting #4 Motion for Extension of Time to Respond to Plaintiff's Complaint to and including August 8, 2012. Signed by Magistrate Judge Celeste F. Bremer on 7/13/2012. (mlr)
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| Filing 4 Unresisted MOTION for Extension of Time to File Response to Plaintiff's Complaint by Caterpillar, Inc..Motions referred to Celeste F. Bremer. Responses due by 7/30/2012 (Attachments: #1 Exhibit Counsel Correspondence)(Tripp, Mark) |
| Filing 3 Corporate Disclosure/Statement of Interest by Central Service & Supply, Inc.. (Obermeier, Bradley) |
| Filing 2 SUMMONS Returned Executed by Central Service & Supply, Inc.. Caterpillar, Inc. served on 6/28/2012, answer due 7/19/2012. (Obermeier, Bradley) |
| Filing 1 COMPLAINT AND JURY DEMAND against Caterpillar, Inc. Filing fee paid in the amount of $ 350., filed by Central Service & Supply, Inc.. Notice of Dismissal for lack of Service deadline set for 10/18/2012. Rule 16 Notice of Dismissal set for 10/18/2012. (Attachments: #1 Summons)(Obermeier, Bradley) |
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