Passenger Transportation Specialists Inc et al v. Caterpillar Inc et al
| Transportation Specialists Inc, C&J Leasing #1 LLC and Passenger Transporation Specialists Inc |
| Caterpillar Financial Services Corporation, Caterpillar Inc, ABC Bus Companies Inc and Warren Power & Machinery Inc |
| 5:2012cv00732 |
| June 28, 2012 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Oklahoma |
| Joe Heaton |
| Contract Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 20, 2014. A more recent docket listing may be available from PACER.
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Filing 175
ORDER granting #174 plaintiffs' motion for extension of deadline...the administrative closing deadline is extended to 12/15/2014. Signed by Honorable Joe Heaton on 11/20/2014. (lam)
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| Filing 174 UNOPPOSED MOTION for Administrative Closure Order [Doc 173] Deadline to be Extended by All Plaintiffs. (Houghton, J) |
| Filing 173 ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Honorable Joe Heaton on 10/22/2014. (lam) |
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Filing 172
ORDER granting #171 the parties' joint motion to continue hearings and extend pretrial deadlines...the hearings set 10/20, 21 and 22/2014 and all pending pretrial deadlines are extended and held in abeyance until further order of the court...parties are directed to notify the court by 10/22/2014 of the status of the case. Signed by Honorable Joe Heaton on 10/17/2014. (lam)
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| Filing 171 JOINT MOTION to Continue Hearings and Extend Pretrial Deadlines by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Kaufmann, Linda) |
| Per order #172 motion hearings set 10/20, 21 and 22/2014 and pretrial deadlines are extended and held in abeyance until further order of the court. (lam) |
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Filing 170
ORDER denying #114 plaintiff Passenger Transportation Specialists Inc., motion for summary judgment; and granting #126 Warren Power & Machinery Inc.'s motion for summary judgment....judgment will be entered in its favor when the case is concluded with respect to all claims and parties. Signed by Honorable Joe Heaton on 10/09/2014. (lam)
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| Filing 169 DESIGNATION OF DEPOSITION TESTIMONY by All Plaintiffs . (Houghton, J) |
| Filing 168 DESIGNATION OF DEPOSITION TESTIMONY by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of Richard Hunt. (Howell, Brad) |
| Filing 167 DESIGNATION OF DEPOSITION TESTIMONY by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of Jeff Polzien, Volume II. (Howell, Brad) |
| Filing 166 DESIGNATION OF DEPOSITION TESTIMONY by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of Jeff Polzien, Volume I. (Howell, Brad) |
| Filing 165 DESIGNATION OF DEPOSITION TESTIMONY by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of Michael G. Kaplan. (Howell, Brad) |
| Filing 164 DESIGNATION OF DEPOSITION TESTIMONY by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of Victor S. Parra. (Howell, Brad) |
| Filing 163 DESIGNATION OF DEPOSITION TESTIMONY by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of Shari L. Sanders. (Howell, Brad) |
| Filing 162 DESIGNATION OF DEPOSITION TESTIMONY by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of Gregory S. Goedde. (Howell, Brad) |
| Filing 161 DESIGNATION OF DEPOSITION TESTIMONY by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of David F. Merrion. (Howell, Brad) |
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Filing 160
ORDER denying plaintiffs' motion #124 to exclude testimony of Herbert E. Warner; granting defendants' motion #129 to strike Richard Hunt as a witness as follows...his testimony will be limited to that appropriate for a lay witness the affidavits appearing at Doc. Nos. 113-4 and 114-6 are stricken; the parties are directed to confer and attempt to reach agreement as to the expenses/fees issue...absent agreement, defendants shall file their motion to determine fees within 14 days. Signed by Honorable Joe Heaton on 10/02/2014. (lam)
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| Filing 159 CIVIL TRIAL DOCKET: Docket call for the court's 11/2014 trial docket is set for 10/29/2014 @ 10:00 a.m., in Courtroom No. 304 before the Honorable Joe Heaton; Sequence of trials for both criminal and civil cases will be determined at docket call. (Attachments: #1 Attachment General Rules of Court) (lam) |
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Filing 158
ORDER denying #135 plaintiffs' motion to compel substitute corporate designee...see order for specifics. Signed by Honorable Joe Heaton on 09/25/2014. (lam)
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Filing 157
ORDER setting hearings on Daubert motions as follows: 1) Defendant's motion to exclude testimony of David Merrion #125 is set 10/20/2014 @ 9:30 a.m.; 2) Defendant's motion to exclude testimony of Michael Kaplan #130 is set 10/21/2014 @ 9:30 a.m.; and 3) Plaintiff's motion to exclude the testimony of Jack Maroney #121 is set 10/22/2014 @ 9:30 a.m.; All hearings will be held in Courtroom No. 304 before Honorable Joe Heaton; See order for further specifics. Signed by Honorable Joe Heaton on 09/24/2014. (lam)
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| Set/Reset Hearings: per order #157 defendant's motion to exclude testimony of Michael Kaplan #130 is set for hearing on 10/21/2014 @ 09:30 AM in Courtroom 304 Honorable Joe Heaton; and per order #157 plaintiff's motion to exclude testimony of Jack Maroneyu #121 is set for hearing on 10/22/2014 09:30 AM in Courtroom 304 Honorable Joe Heaton. (lam) |
| Filing 156 RESPONSE to [Doc. 137] Defendant Warren Power & Machinery, Inc., D/B/A Warren CAT's Objections to Evidence Filed in Supoort of Plaintiffs' Motion for Partial Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Supplemental Expert Report of Plaintiffs' Expert David Merrion, #2 Exhibit Exhibit 2: Deposition of David Merrion, #3 Exhibit Exhibit 3: Affidavit of David Merrion, #4 Exhibit Exhibit 4: Supplemental Expert Report of Plaintiffs' Expert Michael Kaplan, #5 Exhibit Exhibit 5: Affidavit of Michael Kaplan, #6 Exhibit Exhibit 6: Affidavit of Richard Hunt, #7 Exhibit Exhibit 7: Deposition Jack Maroney, #8 Exhibit Exhibit 8: Deposition Jeff Polzien)(Aldridge, Jacob) |
| Filing 155 RESPONSE re #136 Objections, filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Jurat & Errata Page of the Deposition of Trent Simpson, #2 Exhibit Exhibit 2: Deposition of Trent Simpson, #3 Exhibit Exhibit 3: EPA Emission Standard Reference Guide, #4 Exhibit Exhibit 4: Deposition of Jack Maroney, #5 Exhibit Exhibit 5: Supplemental Report of Plaintiffs' Expert David Merrion, #6 Exhibit Exhibit 6: Deposition of David Merrion, #7 Exhibit Exhibit 7: Affidavit of David Merrion, #8 Exhibit Exhibit 8: Affidavit of Richard Hunt, #9 Exhibit Exhibit 9: Deposition of Shari Sanders, #10 Exhibit Exhibit 10: Supplemental Report of Plaintiffs' Expert Michael Kaplan, #11 Exhibit Exhibit 11: Affidavit of Michael Kaplan, #12 Appendix Exhibit 12: Deposition of Jeff Polzien, Vol. 1, #13 Exhibit Exhibit 13: Order Approving Consent Decree Between The United States of America and Caterpillar Inc.)(Aldridge, Jacob) |
| Filing 154 REPLY to Response to Motion re #130 MOTION to Exclude Testimony of Plaintiffs' Expert, Michael Kaplan filed by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Howell, Brad) |
| Filing 153 REPLY to Response to Motion re #128 MOTION for Summary Judgment and Brief in Support filed by Caterpillar Inc. (Kaufmann, Linda) |
| Filing 152 REPLY to Response to Motion re #125 MOTION to Exclude Testimony of Plaintiffs' Expert, David Merrion Defendants' Reply in Support of Motion to Exclude Plaintiffs' Expert, David Merrion filed by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 - JMAR Brief re Merrion Motion to Exclude, #2 Exhibit 2 - JMAR Order re Merrion Motion to Strik)(Caligur, Matthew) |
| Filing 151 REPLY to Response to Motion re #129 MOTION to Strike Undisclosed Expert Witness Richard Hunt filed by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Howell, Brad) |
| Filing 150 REPLY to Response to Motion re #126 MOTION for Summary Judgment filed by Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 - Hunt Depo)(Kaufmann, Linda) |
| Filing 149 RESPONSE to Motion re #135 SECOND MOTION to Compel Substitute Corporate Designee and Request for Cost and Fees filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1 - Corporate Rep Deposition, #2 Exhibit 2 - Fact Deposition, #3 Exhibit 3 - Email)(Kaufmann, Linda) |
| Filing 148 RESPONSE to Motion re #130 MOTION to Exclude Testimony of Plaintiffs' Expert, Michael Kaplan filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Supplemental Report of Plaintiffs' Damages Expert, Michael Kaplan, #2 Exhibit Exhibit 2 - Deposition of Michael Kaplan, #3 Exhibit Exhibit 3 - Event Notebook Summary organized by date, #4 Exhibit Exhibit 4 - Event Notebook Summary organized by Unit number, #5 Exhibit Exhibit 5 - Deposition of Victor Parra, United Motorcoach Association, #6 Exhibit Exhibit 6 - Cornerstones of Financial Forensics Workshop, #7 Exhibit Exhibit 7 - Deposition of Jeff Polzien, Vol. II)(Houghton, J) |
| Filing 147 RESPONSE to Motion re #125 MOTION to Exclude Testimony of Plaintiffs' Expert, David Merrion filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Supplemental Expert Report of David Merrion, #2 Exhibit Exhibit 2: Deposition of David Merrion, #3 Exhibit Exhibit 3: ASME Informational Material, #4 Exhibit Exhibit 4: SAE Informational Material About SAE International, #5 Exhibit Exhibit 5: Order from JMAR Court Denying CAT's Motion to exclude Mr. Merrion)(Aldridge, Jacob) |
| Filing 146 RESPONSE to Motion re #128 MOTION for Summary Judgment and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Portions of the Depostion of Trent Simpson, #2 Exhibit Exhibit 2: Portions of the Deposition of Jeff Headean, #3 Exhibit Exhibit 3: Supplemental Expert Report of Plaintiffs' Expert, David Merrion, #4 Exhibit Exhibit 4: CAT Industrial Engines with ACERT Technology Advertisement Pamphlet, #5 Exhibit Exhibit 5: ABC Limited Warranty and Extended Components Coverage)(Aldridge, Jacob) |
| Filing 145 RESPONSE in Opposition re #124 MOTION to Exclude Expert Opinion Testimony of Herbert Warner Defendants' Response in Opposition to Plaintiffs' Daubert Motion to Exclude the Expert Opinion Testimony of Herbert E. Warner filed by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 Supplemental Report of Michael G. Kaplan, #2 Exhibit 2 Expert Report of Herb Warner, #3 Exhibit 3 Supplemental Report of Herb Warner, #4 Exhibit 4 Deposition of Michael Kaplan, #5 Exhibit 5 Report of Michael Kaplan, #6 Exhibit 6 Deposition of Herb Warner)(Caligur, Matthew) |
| Filing 144 RESPONSE to Motion re #126 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Deposition of Jeff Polzien Vol. 1, #2 Exhibit Exhibit 2: Depositoin of Jeff Polzien Vol. 2, #3 Exhibit Exhibit 3: Merrion Expert Report, #4 Exhibit Exhibit 4: Depostion of Plaintiffs' Engineering Expert David Merrion, #5 Exhibit Exhibit 5: Kaplan Expert Report, #6 Exhibit Exhibit 6: Event Notebooks 1, 2, & 3, #7 Exhibit Exhibit 7: Affidavits of Richard Hunt)(Aldridge, Jacob) |
| Filing 143 RESPONSE to Motion re #129 MOTION to Strike Undisclosed Expert Witness Richard Hunt filed by All Plaintiffs. (Aldridge, Jacob) |
| Filing 142 RESPONSE in Opposition re #121 MOTION to Exclude Expert Opinion Testimony of Jack Maroney Defendants' Response in Opposition to Plaintiffs' Daubert Motion to Exclude the Expert Opinion Testimony of Jack Maroney filed by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 - Expert Report of Jack Maroney, #2 Exhibit 2 - Supplemental Expert Report of Jack Maroney, #3 Exhibit 3 - ICC Diesel Powered Equipment Technology Program, #4 Exhibit 4 - ICC Automotive Technology Program Description, #5 Exhibit 5 - Deposition of Jack Maroney, #6 Exhibit 6 - Deposition of David Merrion)(Caligur, Matthew) |
| Filing 141 REPLY by Plaintiffs C&J Leasing #1 LLC, Passenger Transporation Specialists Inc, Transportation Specialists Inc re #138 Response to Motion,, reply filed by All Plaintiffs. (Aldridge, Jacob) |
| Filing 140 REPLY to Response to Motion re #126 MOTION for Summary Judgment of Plaintiffs filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit)(Aldridge, Jacob) |
| Filing 139 RESPONSE to Motion re #114 MOTION for Partial Summary Judgment Against Defendant Warren CAT and Brief in Support Defendant Warren Cat's Response to Plaintiff's Motion for Partial Summary Judgment filed by Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 Deposition of Jeff Headean, #2 Exhibit 2 Deposition of Jeff Polzien, #3 Exhibit 3 Deposition of David Merrion, #4 Exhibit 4 Deposition of Michael Kaplan, #5 Exhibit 5 Affidavit of Jack D. Maroney II, #6 Exhibit 6 Affidavit of Herb Warner, #7 Exhibit 7 Plaintiffs' Answers to Second Set of Interrogatories and Requests for Production, #8 Exhibit 8 Deposition of Ricahrd Hunt, #9 Exhibit 9 Deposition of Jack Maroney)(Howell, Brad) |
| Filing 138 RESPONSE to Motion re #113 MOTION for Partial Summary Judgment Against Defendant Caterpillar, Inc. and Brief in Support filed by Caterpillar Inc. (Attachments: #1 Exhibit 1 Deposition of David Merrion, #2 Exhibit 2 Deposition of Trent Simpson, #3 Exhibit 3 Affidavit of Jack D. Maroney II, #4 Exhibit 4 Deposition of Jeff Headean, #5 Exhibit 5 Deposition of Jeff Polzien, #6 Exhibit 6 Deposition of Michael Kaplan, #7 Exhibit 7 Affidavit of Herbert Warner, #8 Exhibit 8 Deposition of Jack Maroney, #9 Exhibit 9 Deposition of Richard Hunt, #10 Exhibit 10 Caterpillar Limited Warranty)(Howell, Brad) |
| Filing 137 OBJECTIONS re #114 MOTION for Partial Summary Judgment Against Defendant Warren CAT and Brief in Support Defendant Warren Cat's Objections to Evidence Filed In Support of Plaintiff's Motion for Partial Summary Judgment filed by Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 - Maroney Depo Excerpts)(Howell, Brad) |
| Filing 136 OBJECTIONS re #113 MOTION for Partial Summary Judgment Against Defendant Caterpillar, Inc. and Brief in Support Defendant Caterpillar's Objections to Evidence Filed in Support of Plaintiff's Motion for Partial Summary Judgment filed by Caterpillar Inc. (Attachments: #1 Exhibit 1 - Maroney Depo Excerpts, #2 Exhibit 2 - Sanders Depo Excerpts)(Howell, Brad) |
| Filing 135 SECOND MOTION to Compel Substitute Corporate Designee and Request for Cost and Fees by All Plaintiffs. (Attachments: #1 Exhibit 1.Plaintiff's Notice of Intent to Take Oral Deposition of Designated Corporation Representative of Defendant, Caterpillar Financial Services Corporation [Doc 98], #2 Exhibit 2.Exhibit A Areas of Inquiry for The Corporation Representative of Defendant, Caterpillar Financial Services Corporation [Doc 98-1], #3 Exhibit 3.Counsel Email Exchange, #4 Exhibit 4.Plaintiffs Amended Notice of Intent to Take Oral Deposition of Designated Corporation Representative of Defendant, Caterpillar Financial Services Corporation [Doc 108], #5 Exhibit 5.Exhibit 1 Areas of Inquiry for The Corporation Representative of Defendant, Caterpillar Financial Services Corporation [Doc 108-1], #6 Exhibit 6.Defendants Objections to Areas of Inquiry for The Corporate Representative of Caterpillar Financial Services Corporation D/B/A CAT Financial, #7 Exhibit 7.Selected Pages of Deposition of CAT Financial Corporate Representative, Lorilyn Meyer, #8 Exhibit 8.Transcript of Discovery Conference held on August 14, 2014)(Aldridge, Jacob) |
| Filing 134 ENTER ORDER the court's enter order #133 striking defendant's response to plaintiffs' surreply #131 was entered by mistake and is STRICKEN. Signed by Honorable Joe Heaton on 08/18/2014. (lam) |
| Filing 133 ENTER ORDER striking #131 defendant Caterpillar Financial Services Corporation's surreply for failure to file motion for leave to file surreply. Signed by Honorable Joe Heaton on 08/18/2014. (lam) |
| Filing 131 SURREPLY re #118 Surreply, filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1 Notice of Deposition, #2 Exhibit 2 Meyer Deposition - Corporate Representative, #3 Exhibit 3 Meyer Deposition - Fact Witness)(Howell, Brad) |
| Filing 132 SEALED EXHIBITS 7, 8, 9, and 10 by Caterpillar Inc.(Re: #128 MOTION for Summary Judgment and Brief in Support )(pw, ) |
| Filing 130 MOTION to Exclude Testimony of Plaintiffs' Expert, Michael Kaplan by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 Kaplan Supplemental Report, #2 Exhibit 2 Kaplan Original Report, #3 Exhibit 3 Kaplan Deposition, #4 Exhibit 4 Kaplan Deposition Exhibits)(Howell, Brad) |
| Filing 129 MOTION to Strike Undisclosed Expert Witness Richard Hunt by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit Houghton 3/14/14 Letter, #2 Exhibit 2 - Transcript Hearing 4/15/14, #3 Exhibit 3 - Pltf 3rd Supp Answers to 1st Rogs & RFP, #4 Exhibit 4 - Houghton 6/9/14 Letter, #5 Exhibit 5 - Merrion Depo, #6 Exhibit 6 - Transcript Hearing 7/14/14, #7 Exhibit 7 - Hunt Depo, #8 Exhibit 8 - Polzien Depo, #9 Exhibit 9 - Part 1 - Ex 5 to Hunt Depo, #10 Appendix 9 - Part 2 - Ex 5 to Hunto Depo)(Kaufmann, Linda) |
| Filing 128 MOTION for Summary Judgment and Brief in Support by Caterpillar Inc. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Polzien Depo, #3 Exhibit 3 - PTS Answers to Cat 1st Rogs & RFP, #4 Exhibit 4 - Vehicle List, #5 Exhibit 5 - 1/12/06 Bus Quote, #6 Exhibit 6 - Cat Limited Warranty, #7 Exhibit 11 - Goedde Depo, #8 Exhibit 12 - Operation and Maintenance Manual, #9 Exhibit 13 - Merrion Depo, #10 Exhibit 14 - Merrion Expert Report, #11 Exhibit 15 - Cat Marketing Brochures, #12 Exhibit 16 - Kaplan Declaration, #13 Exhibit 17 - Transcript of 7/14/14 Hearing)(Kaufmann, Linda) |
| Filing 127 NOTICE of Conventional Filing of Exhibits 7, 8, 9 and 10 to Motion for Summary Judgment by Linda G Kaufmann on behalf of Caterpillar Inc (Kaufmann, Linda) |
| Filing 126 MOTION for Summary Judgment by Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Polzien Depo, #3 Exhibit 3 - Pltf Answers to Cat 1st Rogs & RFP, #4 Exhibit 4 - Vehicle List, #5 Exhibit 5 - Cat Limited Warranty, #6 Exhibit 6 - Operation and Maintenance Manual, #7 Exhibit 7 - WC Limited Warranty Service Repairs, #8 Exhibit 8 - Pltf Amswers to Cat 2nd Rogs & RFP, #9 Exhibit 9 - Merrion Depo, #10 Exhibit 10 - Kaplan Depo, #11 Exhibit 11 - Hunt Depo)(Kaufmann, Linda) |
| Filing 125 MOTION to Exclude Testimony of Plaintiffs' Expert, David Merrion by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 Merrion Report, #2 Exhibit 2 Merrion Deposition, #3 Exhibit 3 Simpson Deposition)(Caligur, Matthew) |
| Filing 124 MOTION to Exclude Expert Opinion Testimony of Herbert Warner by All Plaintiffs. (Attachments: #1 Exhibit Supplemental Report of Plaintiffs' Damages Expert, Michael Kaplan, #2 Exhibit Deposition of Herbert Warner, #3 Exhibit Report of CAT's damages expert, Herbert Warner, #4 Exhibit Deposition of Michael Kaplan)(Houghton, J) |
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Filing 123
ORDER granting #122 defendant Caterpillar Inc.'s motion seeking leave to file certain exhibits to its motion for summary judgment under seal. Signed by Honorable Joe Heaton on 08/14/2014. (lam)
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| Filing 122 MOTION for Leave to File Motion for Summary Judgment Exhibits under Seal by Caterpillar Inc. (Kaufmann, Linda) |
| Filing 121 MOTION to Exclude Expert Opinion Testimony of Jack Maroney by All Plaintiffs. (Attachments: #1 Exhibit Defendant CAT's Objections & Answers to Plaintiff's First Set of Interrogatories, #2 Exhibit Deposition of Defendant CAT's Expert Witness Jack Maroney, #3 Exhibit Defendant CAT's Final Witness List, #4 Exhibit Supplemental Expert Report of Jack Maroney dated June 27, 2014, #5 Exhibit Supplemental Expert Report of David Merrion dated May 28, 2014, #6 Exhibit Deposition of Plaintiffs' Expert Engineer, David Merrion, #7 Exhibit Amercan Society of Mechanical Engineers Informational Material from Website, titled About ASME Standards and Certification, #8 Exhibit Society of Automotive Engineers informational material from website, titled SAE International, #9 Exhibit Resume of Jack Maroney, as provided in Defendant, CAT's Original Expert Report from Jack Maroney)(Aldridge, Jacob) |
| Filing 120 ENTER ORDER striking #117 plaintiffs' motion to compel substitute corporate designee for failure to initiate LCvR37.1 conference prior to filing their motion. Signed by Honorable Joe Heaton on 08/11/2014. (lam) |
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Filing 119
ORDER denying #111 plaintiff Passenger Transportation Specialists Inc.'s motion to reconsider the court's order denying its 07/01/2014 motion to compel #81 . Signed by Honorable Joe Heaton on 08/11/2014. (lam)
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| Filing 118 SURREPLY re #84 Response in Opposition to Motion, filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Order of this Court [Doc 105], #2 Exhibit Exhibit 2: Affidavit of Jacob S. Aldridge, #3 Exhibit Exhibit 3: Reply of Defendant Caterpillar Financial Services Corporation to Plaintiffs' Response to Motion for Summary Judgment, #4 Exhibit Exhibit 4: Deposition Transcript of CAT Financial Corporate Designee)(Aldridge, Jacob) |
| Filing 117 MOTION to Compel Substitute Corporate Designee and Request for Cost and Fees by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Plaintiffs' Notice of Intent to Take Oral Deposition of Designated Corporation Representative of Defendant, CAT Financial [Doc98], #2 Exhibit Exhibit 2: Exhibit "A" to Plaintiffs' Notice of Intent to Take Oral Deposition of Designated Corporation Representative of Defendant, CAT Financial [Doc 98-1], #3 Exhibit Exhibit 3: Counsel Email Exchange, #4 Exhibit Exhibit 4: Plaintiffs' Amended Notice of Intent to Take Oral Deposition of Designated Corporation Representative of Defendant, CAT Financial [Doc108], #5 Exhibit Exhibit 5: Exhibit "1" to Plaintiffs' Amended Notice of Intent to Take Oral Deposition of Designated Corporation Representative of Defendant, CAT Financial [Doc108-1], #6 Exhibit Exhibit 6: Defendant's Objections to Areas of Inquiry for the Corporate Representative of Caterpillar Financial Services Corporation, D/B/A CAT Financial, #7 Exhibit Exhibit 7: Deposition of CAT Financial Corporate Representative, Lorilyn Meyer)(Aldridge, Jacob) |
| Filing 116 SEALED EXHIBIT 4 by C&J Leasing #1 LLC, Passenger Transporation Specialists Inc, Transportation Specialists Inc.(Re: #113 MOTION for Partial Summary Judgment Against Defendant Caterpillar, Inc. and Brief in Support )(pw, ) |
| Filing 115 SEALED EXHIBIT 3 by C&J Leasing #1 LLC, Passenger Transporation Specialists Inc, Transportation Specialists Inc.(Re: #113 MOTION for Partial Summary Judgment Against Defendant Caterpillar, Inc. and Brief in Support )(pw, ) |
| Filing 114 MOTION for Partial Summary Judgment Against Defendant Warren CAT and Brief in Support by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Deposition of Jeff Polzien Vol. 1, #2 Exhibit Exhibit 2: Depositoin of Jeff Polzien Vol. 2, #3 Exhibit Exhibit 3: Supplemental Expert Report of David Merrion, #4 Exhibit Exhibit 4: Depostion of Plaintiffs' Engineering Expert David Merrion, #5 Exhibit Exhibit 5: Supplemental Expert Report of Michael Kaplan, #6 Exhibit Exhibit 6: Affidavit of Richard Hunt, #7 Exhibit Exhibit 7: Deposition of Richard Hunt, #8 Exhibit Exhibit 8: Deposition of Jack Maroney, #9 Exhibit Exhibit 9: Summary of Failures)(Aldridge, Jacob) |
| Filing 113 MOTION for Partial Summary Judgment Against Defendant Caterpillar, Inc. and Brief in Support by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1: Deposition of Trent Simpson, #2 Exhibit Exhibit 2: 2004 EPA Compliance Emissions Standards Reference Guide, #3 Exhibit Exhibit 3: filed under seal pursuant to Court Order issued August 5, 2014 [Doc 112] Cat/PTSI 4833, #4 Exhibit Exhibit 4: filed under seal pursuant to Court Order issued August 5, 2014 [Doc 112] Cat/PTSI 5522, #5 Exhibit Exhibit 5: Deposition Transcript of Jack Maroney, #6 Exhibit Exhibit 6: Deposition Transcript of Jeff Polzien Vol. 1, #7 Exhibit Exhibit 7: Deposition Transcript of Jeff Polzien Vol. 2, #8 Exhibit Exhibit 8: CAT Marketing Material, titled Haul Power C-13 ACERT, #9 Exhibit Exhibit 9: CAT Marketing Material, titled CAT C13 & C15 On-Hignway Engine with ACERT Technology, #10 Exhibit Exhibit 10: CAT Marketing Material, titled Get on Board with CAT Engines for EPA-Certified Performance, #11 Exhibit Exhibit 11: Deposition of Jeff Headean, #12 Exhibit Exhibit 12: Merrion Supplemental Expert Report, #13 Exhibit Exhibit 13: Deposition of Plaintiffs' Engineering Expert, David Merrion, #14 Exhibit Exhibit 14: Affidavit of Richard Hunt, #15 Exhibit Exhibit 15: Negative Equity provided by ABC, #16 Exhibit Exhibit 16: Kaplan Supplemental Expert Report, #17 Exhibit Exhibit 17: CAT Operation and Maintenance Manual, #18 Exhibit Exhibit 18: JMAR v, Peterbilt, #19 Exhibit Exhibit 19: CAT Marketing Material, titled CAT Industrial Engines with ACERT Technology, #20 Exhibit Exhibit 20: Summary of Failures, #21 Exhibit Exhibit 21: Consent Decree)(Aldridge, Jacob) |
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Filing 112
ORDER granting, to the extent set forth in this order, #110 Plaintiffs' Amended Motion for Leave to File Motion for Partial Summary Judgment Against Defendant Caterpillar. Signed by Honorable Joe Heaton on 8/5/14. (llg)
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| Filing 111 MOTION for Reconsideration of Plaintiff, Passenger Transportation Specialists Inc.'s Motion to Compel and Brief in Support by Passenger Transporation Specialists Inc. (Attachments: #1 Exhibit Exhibit 1: Trabscript of Motion to Compel Hearing [Doc 95], #2 Exhibit Exhibit 2: Cat Industrial Engines with ACERT Technology, #3 Exhibit Exhibit 3: Plaintiffs' Notice to Take Deposition of Corporate Representative of Defendant Caterpillar [Doc 79], #4 Exhibit Exhibit 4: Defendant's Objections to Areas of Inquiry for the Corporate Representative of Caterpillar Inc., #5 Exhibit Exhibit 5: Deposition Transcript of Trent Simpson, #6 Exhibit Exhibit 6: Deposition Transcript of Jeff Headean, #7 Exhibit Exhibit 7: Deposition Transcript of Jack Maroney)(Aldridge, Jacob) |
| Filing 110 AMENDED MOTION for Leave to File Motion for Partial Summary Judgment Against Defendant Caterpillar by All Plaintiffs. (Aldridge, Jacob) |
| Filing 109 MOTION for Leave to File Motion for Partial Summary Judgment Against Defendant Caterpillar by All Plaintiffs. (Aldridge, Jacob) |
| Filing 108 NOTICE to Take Deposition of Designated Corporation Representative of Defendant Caterpillar Financial Services Corporation by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1)(Aldridge, Jacob) |
| Filing 107 NOTICE to Take Deposition of Lorilyn Meyer by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1)(Aldridge, Jacob) |
| Filing 106 NOTICE to Take Deposition of Herbert Warner by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1)(Houghton, J) |
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Filing 105
ORDER granting Plaintiff's #100 Motion for Leave to file supplemental brief. Plaintiffs' supplemental brief, not to exceed five pages, is due by August 10, 2014. Cat Financial may file a surreply, not to exceed 5 pages, by August 17, 2014; also the court DENYS defendant's #101 Motion for Protective Order. Cat Financial seeks to quash deposition notices for Lorilyn Meyer. Because the parties have apparently reached an agreement as to Ms. Meyer's deposition, defendant's motion, insofar as it pertains to deposing Ms. Meyer, is moot. See order more fully set out. Signed by Honorable Joe Heaton on 7/24/14. (pw)
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| Filing 104 NOTICE to Take Deposition of Vic Parra by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Howell, Brad) |
| Filing 103 NOTICE to Take Deposition of Lorilyn Meyer by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1)(Aldridge, Jacob) |
| Filing 102 RESPONSE in Opposition re #100 MOTION for Leave to file Supplemental Brief in Opposition to Defendant Caterpillar Financial Services Corporation's Motion for Summary Judgment filed by Caterpillar Financial Services Corporation. (Kaufmann, Linda) |
| Filing 101 MOTION for Protective Order and Brief in Support by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1 - Email Communications, #2 Exhibit 2 - Notice of Deposition of Cat Financial, #3 Exhibit 3 - Notice of Video Deposition of Lorilyn Meyer)(Kaufmann, Linda) |
| Filing 100 MOTION for Leave to file Supplemental Brief in Opposition to Defendant Caterpillar Financial Services Corporation's Motion for Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Aldridge, Jacob) |
| Filing 99 NOTICE to Take Deposition of Michael G. Kaplan by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Howell, Brad) |
| Filing 98 NOTICE to Take Deposition of Corporation Representative of Defendant Caterpillar Financial Services Corp by All Plaintiffs. (Attachments: #1 Exhibit A)(Aldridge, Jacob) |
| Filing 97 NOTICE to Take Deposition of Ms. Lorilyn Meyer by All Plaintiffs. (Attachments: #1 Exhibit 1)(Aldridge, Jacob) |
| Filing 96 NOTICE to Take Deposition of Richard Hunt by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Howell, Brad) |
| Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 14, 2014 before Judge Joe Heaton. Court Reporter: B. Jeanne Ring, RDR, Telephone number 405 820-2067 jeanne@mbo.net. Transcript of: Motion to Compel Volume: I of I Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2014. Redacted Transcript Deadline set for 8/18/2014. Release of Transcript Restriction set for 10/14/2014. (jr, ) |
| Filing 94 REPLY to Response to Motion re #76 SEALED MOTION by Caterpillar Financial Services Corporation. filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1 - Expert Report of Jack Maroney, #2 Exhibit 2 - Expert Report of Herbert Warner)(Kaufmann, Linda) |
| Filing 93 NOTICE to Take Deposition of Shari Sanders by All Defendants. (Howell, Brad) |
| Filing 92 NOTICE to Take Deposition of Greg Goeddi by All Defendants. (Howell, Brad) |
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Filing 91
ORDER denying #81 plaintiff's motion to compel for the reasons stated at the conclusion of the hearing held on 07/14/2014. Signed by Honorable Joe Heaton on 07/14/2014. (lam)
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| Filing 90 Minute Entry for proceedings held before Honorable Joe Heaton...hearing on plaintiffs' motion to compel #81 ; court hearing oral argument from counsel; written order to follow. (Court Reporter Jeanne Ring) (lam) |
| Filing 89 ENTRY of Appearance by Christopher L Kannady on behalf of All Plaintiffs (Kannady, Christopher) |
| Filing 88 Exhibit List by Defendants Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 87 Witness List by Defendants Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 86 RESPONSE to Motion re #81 MOTION to Compel filed by Caterpillar Inc. (Attachments: #1 Exhibit 1 - Hearing Transcript, #2 Exhibit 2 - Polzien Depo Transcript, 7/2/14, #3 Exhibit 3 - Polzien Depo Transcript, 4/9/14, #4 Exhibit 4 - Notice of Cat 30(b)(6) Depo, 6/27/14)(Kaufmann, Linda) |
| Filing 85 NOTICE to Take Deposition of Jack Maroney, II by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1)(Houghton, J) |
| Filing 84 RESPONSE in Opposition re #76 SEALED MOTION by Caterpillar Financial Services Corporation. filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12)(Aldridge, Jacob) |
| Filing 83 NOTICE to Take Deposition of David F. Merrion by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1- Subpoena Duces Tecum re David Merrion Depo)(Kaufmann, Linda) |
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Filing 82
ORDER Setting Hearing on on plaintiff Passenger Transportation Specialists Inc.'s motion to compel #81 on 07/14/2014 @ 1:30 p.m., in Courtroom No. 304 before the Honorable Joe Heaton. Defendants' reponse shall be filed not later than 07/10/2014. Signed by Honorable Joe Heaton on 07/02/2014. (lam)
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| Filing 81 MOTION to Compel by All Plaintiffs. (Attachments: #1 PL's Motion to Compel Exhibit 1, #2 PL's Motion to Compel Exhibit 2, #3 PL's Motion to Compel Exhibit 3, #4 PL's Motion to Compel Exhibit 4, #5 PL's Motion to Compel Exhibit 5, #6 PL's Motion to Compel Exhibit 6, #7 PL's Motion to Compel Exhibit 7, #8 PL's Motion to Compel Exhibit 8, #9 PL's Motion to Compel Exhibit 9)(Aldridge, Jacob) |
| Filing 80 Exhibit List / Witness List by Plaintiffs C&J Leasing #1 LLC, Passenger Transporation Specialists Inc, Transportation Specialists Inc. (Houghton, J) |
| Filing 79 NOTICE to Take Deposition of Corporate Representative of Caterpillar, Inc. by All Plaintiffs. (Houghton, J) |
| Filing 78 NOTICE to Take Deposition of Jeff Polzien by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 77 NOTICE to Take Deposition of Jeff Polzien by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 76 SEALED MOTION for Summary Judgment and Brief in Support by Caterpillar Financial Services Corporation.(pw, ) |
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Filing 75
ORDER granting #74 defendant Caterpillar Financial Services Corporation's motion for leave to file documents under seal...defendant may file its motion for summary judgment under seal. Signed by Honorable Joe Heaton on 06/17/2014. (lam)
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| Filing 74 MOTION for Leave to File Motion for Summary Judgment and Exhibits Under Seal by Caterpillar Financial Services Corporation. (Kaufmann, Linda) |
| Filing 73 NOTICE to Take Deposition of Jeff Polzien by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 72 NOTICE to Take Deposition of Jeff Polzien by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 71 REVISED SCHEDULING ORDER: Motions in limine due 10/17/2014; Jury instructions due 10/17/2014; Voir dire requests due 10/17/2014; Trial briefs due 10/17/2014; Discovery due by 8/1/2014. Jury Trial set on the court's 11/2014 trial docket in Courtroom 304 before Honorable Joe Heaton. Motions due by 8/15/2014. Pretrial Report due by 10/17/2014. Signed by Honorable Joe Heaton on 04/23/2014. (lam) |
| Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 15, 2014 before Judge Joe Heaton. Court Reporter: B. Jeanne Ring, RDR, Telephone number (405)820-2067/jeanne@mbo.net. Transcript of: Motion to Compel Volume: I of I Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/21/2014. (jr, ) |
| Filing 69 Exhibit List by Defendants Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 68 Witness List by Defendants Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
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Filing 67
ORDER granting #50 defendant Caterpillar's motion to compel; defendant Caterpillar's motion to strike #54 is granted in part and denied in part; parties are directed to confer within 7 days and submit a joint proposed scheduling order...see order for further specifics. Signed by Honorable Joe Heaton on 04/15/2014. (lam)
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| Filing 66 ENTRY of Appearance by Matthew W Caligur on behalf of Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc (Caligur, Matthew) |
| Filing 65 Minute Entry for proceedings held before Honorable Joe Heaton...hearing held on #50 defendant's motion to compel and #54 defendant's motion to strike plaintiffs' damages expert; court hears oral argument from counsel...written order as to findings from the bench to be entered. (Court Reporter Jeanne Ring) (lam) |
| Filing 64 REPLY to Response to Motion re #54 MOTION to Strike Plaintiffs' Damages Expert's Calculations, Report and Opinions and Brief in Support filed by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 63 REPLY to Response to Motion re #50 MOTION to Compel and Brief in Support filed by Caterpillar Inc. (Attachments: #1 Exhibit 1 Houghton Letter of 3.27.14, #2 Exhibit 2 Houghton Fax of 4.3.14)(Teague, J) |
| Filing 62 RESPONSE in Opposition re #54 MOTION to Strike Plaintiffs' Damages Expert's Calculations, Report and Opinions and Brief in Support filed by All Plaintiffs. (Aldridge, Jacob) |
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Filing 61
ORDER setting hearing on motions #50 and #54 on 04/15/2014 @ 10:00 AM in Courtroom 304 before Honorable Joe Heaton.Signed by Honorable Joe Heaton on 04/08/2014. (lam)
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| Filing 60 Exhibit List / Witness List by Plaintiffs C&J Leasing #1 LLC, Passenger Transporation Specialists Inc, Transportation Specialists Inc. (Houghton, J) |
| Filing 59 RESPONSE to Motion re #50 MOTION to Compel and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit Discovery Letter, #2 Exhibit Second Supplemental Answers to Discovery, #3 Exhibit Alleged Defects Email, #4 Exhibit David Merrion Expert Report, #5 Exhibit Michael Kaplan Expert Report)(Houghton, J) |
| Filing 58 ENTRY of Appearance by Jacob S Aldridge on behalf of All Plaintiffs (Aldridge, Jacob) |
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Filing 57
ORDER granting #55 Matthew William Caligur, Esq., leave to appear pro hac vice as counsel for defendants Caterpillar, Inc., Caterpillar Financial Services Corporation and Warren Power & Machinery, Inc. Signed by Honorable Joe Heaton on 04/02/2014. (lam)
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| Filing 56 Expert Witness List by Defendants Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Teague, J) |
| Filing 55 MOTION for Leave to Appear Pro Hac Vice for Matthew William Caligur Filing fee $ 50, receipt number 1087-1838539 by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Attachment Request for Admission Pro Hac Vice)(Teague, J) |
| Filing 54 MOTION to Strike Plaintiffs' Damages Expert's Calculations, Report and Opinions and Brief in Support by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 - Declaration of Michael G. Kaplan, CPA, #2 Exhibit 2 - Plaintiffs' Initial Disclosures)(Teague, J) |
| Filing 53 NOTICE to Take Deposition of Corporate Representative of C&J Leasing #1 LLC by Caterpillar Financial Services Corporation, Caterpillar Inc. (Teague, J) |
| Filing 52 NOTICE to Take Deposition of Corporate Representative of Passenger Transportation Specialists Inc. by Caterpillar Financial Services Corporation, Caterpillar Inc. (Teague, J) |
| Filing 51 Expert Witness List by Plaintiffs C&J Leasing #1 LLC, Passenger Transporation Specialists Inc, Transportation Specialists Inc. (Houghton, J) |
| Filing 50 MOTION to Compel and Brief in Support by Caterpillar Inc. (Attachments: #1 Exhibit 1 - Red Carpet About Us, #2 Exhibit 2 - Complaint, #3 Exhibit 3 - Letter from Houghton to Jennings, #4 Exhibit 4 - PTS Answers to First Rogs & RFP, #5 Exhibit 5 - Cat Summary of Breakdown, #6 Exhibit 6 - Sample of PTS Maintenance Records, #7 Exhibit 7 - PTS Supplemental Answers to First Rogs & RFP, #8 Exhibit 8 - Email from Howell to Houghton, #9 Exhibit 9 - PTS Maintenance Records)(Teague, J) |
| Filing 49 REVISED SCHEDULING ORDER: Motions in limine due 07/15/2014; Jury instructions due 07/15/2014; Voir dire requests due 07/15/2014; Trial briefs due 07/15/2014; Discovery due by 5/1/2014. Jury Trial set on the court's 08/2014 trial docket in Courtroom 304 before Honorable Joe Heaton. Motions due by 5/15/2014. Pretrial Report due by 7/15/2014. Signed by Honorable Joe Heaton on 11/13/2013. (lam) |
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Filing 48
ORDER granting #47 the parties' joint motion for extension of deadlines...see separate revised scheduling order for specifics. Signed by Honorable Joe Heaton on 11/13/2013. (lam)
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| Filing 47 JOINT MOTION to Amend/Correct #37 Scheduling Order, by All Parties. (Attachments: #1 Exhibit 1 - Order)(Jennings, James) |
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Filing 46
ORDER granting #45 Christopher B. Keim, Esq., leave to withdraw as counsel for plaintiffs...the clerk shall strike Mr. Keim's name as counsel of record for plaintiffs. Signed by Honorable Joe Heaton on 10/29/2013. (lam)
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| Filing 45 MOTION to Withdraw as Attorney by All Plaintiffs. (Keim, Christopher) |
| Filing 44 NOTICE of Change of Address by Brad Kent Howell (Howell, Brad) |
| Filing 43 ENTRY of Appearance by Linda G Kaufmann on behalf of Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc (Kaufmann, Linda) |
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Filing 42
ORDER granting #41 the parties' joint motion for entry of agreed protective order...see agreed protective order for specifics. Signed by Honorable Joe Heaton on 06/26/2013. (lam)
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| Filing 41 JOINT MOTION for Protective Order by C&J Leasing #1 LLC, Caterpillar Financial Services Corporation, Caterpillar Inc, Transportation Specialists Inc, Warren Power & Machinery Inc. (Attachments: #1 Exhibit 1 - Agreed Protective Order)(Jennings, James) |
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Filing 40
ORDER granting #39 plaintiffs' unopposed motion to correct case caption...plaintiff "Transportation Specialists, Inc.," is corrected to read "Passenger Transportation Specialists, Inc.,"...all future pleadings shall reflect caption or case style consistent with the corrected name...the clerk is directed to amend records accordingly. Signed by Honorable Joe Heaton on 02/11/2013. (lam)
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| Filing 39 MOTION to Amend/Correct by All Plaintiffs. (Keim, Christopher) |
| Filing 38 NOTICE (other) by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc of Constitutional Question (Jennings, James) |
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Filing 37
SCHEDULING ORDER: Motions in limine due 03/15/2014; Jury instructions due 03/15/2014; Voir dire requests due 03/15/2014; Trial briefs due 03/15/2014; Discovery due by 1/1/2014. Jury Trial set on the court's 04/2014 trial docket in Courtroom 304 before Honorable Joe Heaton. Motions due by 1/15/2014. Pretrial Report due by 3/15/2014. Signed by Honorable Joe Heaton on 01/09/2013. (lam)
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Filing 36
ORDER to Attorney General for the State of Oklahoma directing the State to notify the court by appropriate filing of whether it intends to intervene. Attorney General to respond within 60 days of the date of this order. Signed by Honorable Joe Heaton on 01/09/2013. (lam)
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| Filing 35 ENTRY of Appearance by J Derrick Teague on behalf of Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc (Teague, J) |
| Filing 34 JOINT STATUS REPORT by Plaintiffs C&J Leasing #1 LLC, Transportation Specialists Inc. (Keim, Christopher) |
| Filing 33 NOTICE of Voluntary Dismissal by All Plaintiffs (Keim, Christopher) |
| Filing 32 CIVIL STATUS CONFERENCE DOCKET: Scheduling Conference set for 1/8/2013 09:40 AM in Chambers before Honorable Joe Heaton. Status Report due by 12/26/2012. (lam) |
| Filing 31 ENTRY of Appearance by Brad Kent Howell on behalf of Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc (Howell, Brad) |
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Filing 30
ORDER granting #28 Bradley Kent Howell, Esq., leave to appear pro hac vice for defendants Caterpillar Inc., Caterpillar Financial Services Corporation and Warren Power & Machinery, Inc. Signed by Honorable Joe Heaton on 11/20/2012. (lam)
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| Filing 29 Receipt for Money Received from Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc in the amount of $50.00, receipt number OKW500028807 regarding #28 MOTION for Leave to Appear Pro Hac Vice of Bradley K. Howell (pw) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice of Bradley K. Howell by Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (Jennings, James) |
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Filing 27
ORDER granting #26 defendant ABC Bus Companies, Inc.'s unopposed motion for continuance of the 11/29/2012 status conference...case is continued to the court's 01/2013 status conference docket. Signed by Honorable Joe Heaton on 11/14/2012. (lam)
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| Filing 26 UNOPPOSED MOTION to Continue Status Conference by ABC Bus Companies Inc. (Green, Gerald) |
| Filing 25 ENTRY of Appearance by Hailey M Hopper on behalf of ABC Bus Companies Inc (Hopper, Hailey) |
| Filing 24 CIVIL STATUS CONFERENCE DOCKET: Scheduling Conference set for 11/29/2012 11:00 AM in Chambers before Honorable Joe Heaton. Status Report due by 11/20/2012. (lam) |
| Filing 23 DISCLOSURE STATEMENT - CORPORATE by Warren Power & Machinery Inc . (Jennings, James) |
| Filing 22 DISCLOSURE STATEMENT - CORPORATE by Caterpillar Financial Services Corporation . (Jennings, James) |
| Filing 21 DISCLOSURE STATEMENT - CORPORATE by Caterpillar Inc . (Jennings, James) |
| Filing 20 ANSWER to Complaint with Jury Demand by Warren Power & Machinery Inc.(Jennings, James) |
| Filing 19 ANSWER to Complaint with Jury Demand by Caterpillar Financial Services Corporation.(Jennings, James) |
| Filing 18 ANSWER to Complaint with Jury Demand by Caterpillar Inc.(Jennings, James) |
| Filing 17 ENTRY of Appearance by James A Jennings, III on behalf of Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc (Jennings, James) |
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Filing 16
ORDER granting #15 defendant ABC Bus Companies, Inc.'s unopposed motion for extension of time...defendant shall file its answer or other responsive pleading not later than 12/12/2012. Signed by Honorable Joe Heaton on 11/05/2012. (lam)
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| Filing 15 UNOPPOSED MOTION for Extension of Time to File Response/Reply by ABC Bus Companies Inc. (Wood, Randall) |
| Filing 14 ENTRY of Appearance by Gerald P Green on behalf of ABC Bus Companies Inc (Green, Gerald) |
| Filing 13 ENTRY of Appearance by Randall J Wood on behalf of ABC Bus Companies Inc (Wood, Randall) |
| Filing 12 SUMMONS Returned Executed by Transportation Specialists Inc. All Plaintiffs. (Keim, Christopher) |
| Filing 11 SUMMONS Returned Executed by Transportation Specialists Inc. All Plaintiffs. (Keim, Christopher) |
| Filing 10 SUMMONS Returned Executed by Transportation Specialists Inc. All Plaintiffs. (Keim, Christopher) |
| Filing 9 SUMMONS Returned Executed by Transportation Specialists Inc. All Plaintiffs. (Keim, Christopher) |
| Filing 8 DISCLOSURE STATEMENT - LLC by Transportation Specialists Inc . (Keim, Christopher) |
| Filing 7 DISCLOSURE STATEMENT - CORPORATE by Transportation Specialists Inc . (Keim, Christopher) |
| Filing 6 ENTRY of Appearance by S Alex Yaffe on behalf of All Plaintiffs (Yaffe, S) |
| Filing 5 ENTRY of Appearance by J Drew Houghton on behalf of All Plaintiffs (Houghton, J) |
| Filing 4 ENTRY of Appearance by Christopher B Keim on behalf of All Plaintiffs (Keim, Christopher) |
| Filing 3 Receipt for Money Received from C&J Leasing #1 LLC, Transportation Specialists Inc in the amount of $350.00, receipt number okw500025698 regarding #1 Complaint (pw, ) |
| Filing 2 Summons Issued Electronically as to ABC Bus Companies Inc, Caterpillar Financial Services Corporation, Caterpillar Inc, Warren Power & Machinery Inc. (pw, ) |
| Filing 1 COMPLAINT against All Defendants filed by Transportation Specialists Inc, C&J Leasing #1 LLC. (Attachments: #1 Civil Cover Sheet)(pw ) |
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