Alabama Aggregate, Inc et al v. Powerscreen Crushing and Screening, LLC et al
Plaintiff: Donald R. Raughton, Sr. and Alabama Aggregate, Inc
Defendant: Terex USA, LLC., Caterpillar Inc., Dustin White, Powerscreen Crushing and Screening, LLC and Terex Corporation
Case Number: 2:2021cv00357
Filed: May 17, 2021
Court: US District Court for the Middle District of Alabama
Presiding Judge: Stephen Michael Doyle
Referring Judge: Tilman Eugene Self
2 Judge: Myron H Thompson
3 Judge: Susan Russ Walker
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2023 Opinion or Order Filing 147 Case Reassigned to District Judge Tilman Eugene Self as presiding Judge. Honorable Judge Myron H. Thompson no longer assigned to the case. (cwl, ) (Main Document 147 replaced on 8/28/2023 to correct Judge's initials) (cwl, ).
August 15, 2023 Opinion or Order Filing 146 ORDER: it is ORDERED that, pending reassignment, the pretrial conference set for 8/18/2023, is continued generally, and all related deadlines are suspended, so that they may be reset by the new judge. Signed by Honorable Judge Myron H. Thompson on 8/15/2023. (Furn: Calendar, ag, lw) (Term: FPC set for 08/18/2023) (bes, )
July 17, 2023 Opinion or Order Filing 145 ORDER: It is ORDERED that plaintiffs' unopposed motion to continue the pretrial conference (Doc. #143 ) is granted, and the pretrial conference currently set for July 20, 2023, is continued to August 18, 2023, at 10 a.m., by videoconference. All deadlines expressly tied to the pretrial conference date are adjusted accordingly. Signed by Honorable Judge Myron H. Thompson on 7/17/2023. (furn: calendar, ag, lw)(cwl, )
July 11, 2023 Opinion or Order Filing 144 NOTICE of Appearance by Rebecca Diane Gilliland on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Gilliland, Rebecca)
July 11, 2023 Opinion or Order Filing 143 MOTION to Continue Plaintiffs' Unopposed Motion to Reschedule the Pre-Trial Conference by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Text of Proposed Order Proposed Order)(Williams, James)
July 10, 2023 Opinion or Order Filing 142 NOTICE of Correction re #141 Order, to attach a corrected PDF document to correct the trial date. (Attachments: #1 Corrected Order to doc entry #141 )(bes, )
July 10, 2023 Opinion or Order Filing 141 ORDER SETTING PRETRIAL HEARING: It is ORDERED that this cause is hereby set for a pretrial hearing as provided by Rule 16 of the FRCP, on 7/20/2023, at 10:00AM by videoconference; The courtroom deputy shall arrange for the videoconference; Proposed Pretrial Order due by 7/17/2023; TRIAL TERM COMMENCES 11/27/2023, at 10:00 AM, in Montgomery, AL, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/10/2023. (Furn: Calendar, ag, lw) (bes, ) (Main Document 141 replaced on 7/10/2023 to attach a corrected PDF document to correct the trial date) (bes, ). Modified on 7/10/2023 (bes, ).
June 8, 2023 Opinion or Order Filing 140 ORDER: It is ORDERED that the 7/20/2023 pretrial hearing, currently set to be held in person, is reset to be held by videoconference; The courtroom deputy shall arrange for the videoconference. Signed by Honorable Judge Myron H. Thompson on 6/8/2023. (Furn: Calendar, ag) (Term: FPC set for 07/20/2023 in Montgomery AL) (bes, ) (Main Document 140 replaced on 6/8/2023 to correct a typographical error) (bes, ). Modified on 6/8/2023 (bes, ).
June 8, 2023 Opinion or Order Filing 139 ORDER granting #129 motion for leave to file under seal exhibits to its reply in support of motion for summary judgment. Signed by Honorable Judge Myron H. Thompson on 6/8/2023. (bes, )
May 17, 2023 Opinion or Order Filing 138 RESPONSE to #136 NOTICE of Objection to New Arguments Raised by Defendants in Powerscreen Crushing & Screening, LLC and Terex USA, LLC's Reply Brief filed by Powerscreen Crushing and Screening, LLC. (Hiltgen, Cary) Modified on 5/18/2023 to clarify the docket text (amf, ).
May 17, 2023 Opinion or Order Filing 137 RESPONSE to #136 NOTICE of Objection to New Arguments Raised by Defendants in Powerscreen Crushing & Screening, LLC and Terex USA, LLC's Reply Brief filed by Terex USA, LLC.. (Hiltgen, Cary) Modified on 5/18/2023 to clarify the docket text (amf, ).
May 15, 2023 Opinion or Order Filing 136 NOTICE of Objection to New Arguments Raised by Defendants in Powerscreen Crushing & Screening, LLC and Terex USA, LLC's Reply Brief by Alabama Aggregate, Inc, Donald R. Raughton, Sr (Williams, James) Modified on 5/15/2023 to clarify text (cwl, ).
May 9, 2023 Opinion or Order Filing 135 MOTION for Leave to File Under Seal Certain Exhibits to their #130 Reply by Powerscreen Crushing and Screening, LLC. (Attachments: #1 Exhibit 4 (UNDER SEAL), #2 Exhibit 6 (UNDER SEAL), #3 Exhibit 7 (UNDER SEAL))(bes, )
May 9, 2023 Opinion or Order Filing 134 JOINDER re #130 Response in Support of Motion, to Exclude Certain Opinions of Neil Hannemann by Caterpillar Inc.. (Hooper, Sanford)
May 9, 2023 Opinion or Order Filing 133 REPLY BRIEF re #103 MOTION in Limine Plaintiffs Reply In Support of its Motion to Exclude the Opinions of Defendant Caterpillar, Inc.'s Expert Paul Dopp filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Williams, James)
May 9, 2023 Opinion or Order Filing 132 REPLY BRIEF re #102 MOTION in Limine Plaintiffs' Reply in Support of its Motion to Exclude the Opinions of Caterpillar Inc.'s Expert Troy Schick filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A, #2 Exhibit B)(Williams, James)
May 9, 2023 Opinion or Order Filing 131 RESPONSE in Support re #98 MOTION for Summary Judgment filed by Powerscreen Crushing and Screening, LLC. (Attachments: #1 Exhibit Ex. 1 Curtis, #2 Exhibit Ex. 2 Raughton JR, #3 Exhibit Ex. 3 Raughton SR)(Hiltgen, Cary)
May 9, 2023 Opinion or Order Filing 130 RESPONSE in Support re #96 MOTION Motion to Exclude Opinions of Expert Neil Hannemann filed by Terex USA, LLC.. (Attachments: #1 Exhibit Hanneman dep, #2 Exhibit Armbrust dep, #3 Exhibit Hess dep, #4 Exhibit Confid Cover, #5 Exhibit Bedwell dep, #6 Exhibit Confid Cover, #7 Exhibit Confid Cover)(Hiltgen, Cary)
April 28, 2023 Opinion or Order Filing 129 MOTION for Leave to File Under Seal Exhibits to its #127 Reply in Support of Motion for Summary Judgment by Terex USA, LLC.. (Attachments: #1 Exhibit 1 (UNDER SEAL), #2 Exhibit 2 (UNDER SEAL))(bes, )
April 28, 2023 Opinion or Order Filing 128 REPLY to Response to Motion re #88 MOTION for Summary Judgment filed by Terex Corporation. (Hiltgen, Cary)
April 28, 2023 Opinion or Order Filing 127 REPLY to Response to Motion re #86 MOTION for Summary Judgment filed by Terex USA, LLC.. (Attachments: #1 Exhibit Confidential, #2 Exhibit Confidential)(Hiltgen, Cary)
April 25, 2023 Opinion or Order Filing 126 RESPONSE in Opposition re #103 MOTION in Limine filed by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hearn, Charles)
April 25, 2023 Opinion or Order Filing 125 NOTICE by Caterpillar Inc. re #121 MOTION to Seal, #122 Evidentiary Submission, #109 BRIEF/MEMORANDUM in Support, #119 MOTION to Seal, #118 Evidentiary Submission, #120 Evidentiary Submission, #117 MOTION to Seal (Hooper, Sanford)
April 25, 2023 Opinion or Order Filing 124 RESPONSE to Motion re #102 MOTION in Limine (Caterpillar Inc.'s Response to Plaintiffs' Motion to Exclude the Opinions of Expert Troy Schick) filed by Caterpillar Inc.. (Attachments: #1 Exhibit Schick Report, #2 Exhibit Ltr, #3 Exhibit Schick deposition, #4 Exhibit Sowell deposition, #5 Exhibit Curtis deposition, #6 Exhibit Armbrust deposition, #7 Exhibit Hannemann Report, #8 Exhibit Hannemann deposition)(Hooper, Sanford)
April 25, 2023 Opinion or Order Filing 123 RESPONSE in Opposition re #96 MOTION Motion to Exclude Opinions of Expert Neil Hannemann filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Williams, James)
April 14, 2023 Opinion or Order Filing 122 Declaration of James B. Eubank in Support of #121 MOTION for Leave to File Under Seal filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 4 (UNDER SEAL), #2 Exhibit 28 (UNDER SEAL), #3 Exhibit 29 (UNDER SEAL), #4 Exhibit 32 (UNDER SEAL))(bes, )
April 14, 2023 Opinion or Order Filing 121 MOTION for Leave to File Under Seal Part of PLF's Opposition to Terex Corporation's #88 Motion for Summary Judgment by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A (UNDER SEAL))(bes, )
April 14, 2023 Opinion or Order Filing 120 Declaration of James B. Eubank in Support of #119 MOTION for Leave to File Under Seal filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 5 (UNDER SEAL), #2 Exhibit 26 (UNDER SEAL), #3 Exhibit 32 (UNDER SEAL), #4 Exhibit 35 (UNDER SEAL), #5 Exhibit 47 (UNDER SEAL), #6 Exhibit 50 (UNDER SEAL), #7 Exhibit 58 (UNDER SEAL), #8 Exhibit 65 (UNDER SEAL))(bes, )
April 14, 2023 Opinion or Order Filing 119 MOTION for Leave to File Under Seal Part of PLF's Opposition to Terex USA, LLC's #86 Motion for Summary Judgment by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A (UNDER SEAL))(bes, ) Modified on 4/17/2023 to reflect exhibit as sealed (bes, ).
April 14, 2023 Opinion or Order Filing 118 Declaration of James B. Eubank in Support of #117 MOTION for Leave to File Under Seal filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 5 (UNDER SEAL), #2 Exhibit 17 (UNDER SEAL), #3 Exhibit 36 (UNDER SEAL), #4 Exhibit 47 (UNDER SEAL), #5 Exhibit 59 (UNDER SEAL), #6 Exhibit 62 (UNDER SEAL))(bes, )
April 14, 2023 Opinion or Order Filing 117 MOTION for Leave to File Under Seal Part of PLF's Opposition to Powerscreen Crushing & Screening LLC's #98 Motion for Summary Judgment by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A (UNDER SEAL))(bes, ) Modified on 4/17/2023 to reflect exhibit as sealed (bes, ).
April 14, 2023 Opinion or Order Filing 116 RESPONSE in Opposition re #88 MOTION for Summary Judgment Plaintiffs' Opposition to Terex Corp.'s Mt. for Summary Judgment filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Errata 4 (Sealed), #5 Errata 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28 (Sealed), #29 Exhibit 29 (Sealed), #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32 (Sealed), #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Williams, James)
April 14, 2023 Opinion or Order Filing 115 RESPONSE in Opposition re #86 MOTION for Summary Judgment Plaintiffs' Opposition to Terex USA's Mt for Summary Judgment filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 1, #2 Errata 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Sealed), #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Errata 24, #25 Exhibit 25, #26 Exhibit 26 (Sealed), #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32 (Sealed), #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35 (Sealed), #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47 (Sealed), #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58 (Sealed), #59 Exhibit 59, #60 Exhibit 60 (Sealed), #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65 (Sealed), #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69 Part 1, #70 Exhibit 69 Part 2, #71 Exhibit 69 Part 3)(Williams, James)
April 14, 2023 Opinion or Order Filing 114 RESPONSE in Opposition re #98 MOTION for Summary Judgment Plaintiffs' Opposition to Defendant Powerscreen Crushing and Screening, LLC's Motion for Summary Judgment filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (REDACTED), #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66)(Williams, James)
April 4, 2023 Opinion or Order Filing 113 ORDER ON PLAINTIFF'S CHALLENGE TO CONFIDENTIALITY: it is ORDERED that: (1) By 4/25/2023, dft Caterpillar Inc. shall file a brief supporting its claim of confidentiality as to the challenged documents (Doc. #109 -1, Doc. #109 -2, and Doc. #109 -3) and explaining why its interest in confidentiality should overcome the presumption of public access to documents filed in federal court; (2) By 5/16/2023, plf shall file a brief in response explaining why the challenged documents should not be treated as confidential. Signed by Honorable Judge Myron H. Thompson on 4/4/2023. (bes, ) (Main Document 113 replaced on 4/4/2023 to correct the year from 2024 to 2023 for deadlines) (bes, ). Modified on 4/4/2023 (bes, ).
April 4, 2023 Opinion or Order Filing 112 ORDER: It is ORDERED that the #96 motion to exclude certain opinions of Neil Hannemann, the #98 motion for summary judgment, the #102 motion to exclude the opinions of Troy Schick, and the #103 motion to exclude the opinions of Paul Dopp are set for submission, without oral argument, on 5/9/2023, with any opposition briefs and evidentiary materials due by 4/25/2023, and any replies to the opposition due by 5/9/2023. Signed by Honorable Judge Myron H. Thompson on 4/4/2023. (bes, )
March 31, 2023 Opinion or Order Filing 111 TEXT ORDER granting #108 Motion for Leave to File Under Seal Part of PLF's Opposition to Caterpillar Inc.'s Second Supplement to its Motion for Summary Judgment. Signed by Honorable Judge Myron H. Thompson on 3/31/2023. (No PDF attached to this entry) (bes, )
March 30, 2023 Opinion or Order Filing 110 BRIEF/MEMORANDUM in Opposition re #100 Evidentiary Submission Plaintiffs Response in Opposition to Caterpillar Inc.s Second Supplement to its Motion for Summary Judgment (Redacted) filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Under Seal), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (Under Seal), #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Williams, James)
March 30, 2023 Opinion or Order Filing 109 Declaration of James B. Eubank in Support of PLFs' #108 MOTION for Leave to File Under Seal filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A (UNDER SEAL), #2 Exhibit 2 (UNDER SEAL), #3 Exhibit 7 (UNDER SEAL))(bes, )
March 30, 2023 Opinion or Order Filing 108 MOTION for Leave to File Under Seal Part of PLF's Opposition to Caterpillar Inc.'s Second Supplement to its Motion for Summary Judgment by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (bes, )
March 27, 2023 Opinion or Order Filing 107 TEXT ORDER granting #105 Motion for Leave to File Under Seal Certain Exhibits to Its Brief in Support of Motion for Summary Judgment. Signed by Honorable Judge Myron H. Thompson on 3/27/2023. (No PDF attached to this entry) (amf, )
March 27, 2023 Opinion or Order Filing 106 TEXT ORDER granting #104 Motion for Leave to File Under Seal Certain Exhibit 2 to Their Brief in Support of Motion to Exclude Certain Opinions of Neil Hannemann. Signed by Honorable Judge Myron H. Thompson on 3/27/2023. (No PDF attached to this entry) (amf, )
March 24, 2023 Opinion or Order Filing 105 MOTION for Leave to File Under Seal Certain Exhibits re #101 Brief in Support of MOTION for Summary Judgment by Powerscreen Crushing and Screening, LLC. (Attachments: #1 Exhibit 7 (FILED UNDER SEAL), #2 Exhibit 8 (FILED UNDER SEAL), #3 Exhibit 10 (FILED UNDER SEAL), #4 Exhibit 11 (FILED UNDER SEAL), #5 Exhibit 12 (FILED UNDER SEAL), #6 Exhibit 13 (FILED UNDER SEAL), #7 Exhibit 14 (FILED UNDER SEAL), #8 Exhibit 15 (FILED UNDER SEAL), #9 Exhibit 16 (FILED UNDER SEAL), #10 Exhibit 17 (FILED UNDER SEAL), #11 Exhibit 18 (FILED UNDER SEAL), #12 Exhibit 19 (FILED UNDER SEAL), #13 Exhibit 20 (FILED UNDER SEAL), #14 Exhibit 21 (FILED UNDER SEAL), #15 Exhibit 22 (FILED UNDER SEAL), #16 Exhibit 23 (FILED UNDER SEAL), #17 Exhibit 24 (FILED UNDER SEAL), #18 Exhibit 25 (FILED UNDER SEAL), #19 Exhibit 26 (FILED UNDER SEAL), #20 Exhibit 33 (FILED UNDER SEAL), #21 Exhibit 34 (FILED UNDER SEAL), #22 Exhibit 35 (FILED UNDER SEAL), #23 Exhibit 40 (FILED UNDER SEAL), #24 Exhibit 41 (FILED UNDER SEAL), #25 Exhibit 42 (FILED UNDER SEAL), #26 Exhibit 44 (FILED UNDER SEAL), #27 Exhibit 45 (FILED UNDER SEAL), #28 Exhibit 46 (FILED UNDER SEAL), #29 Exhibit 47 (FILED UNDER SEAL), #30 Exhibit 48 (FILED UNDER SEAL)) (amf, )
March 24, 2023 Opinion or Order Filing 104 MOTION for Leave to File Under Seal Certain Exhibit 2 re #96 MOTION to Exclude Certain Opinions of Neil Hannemann by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC.. (Attachments: #1 Exhibit 2 (FILED UNDER SEAL))(amf, )
March 24, 2023 Opinion or Order JOINDER re #96 MOTION Motion to Exclude Opinions of Expert Neil Hannemann, #97 BRIEF/MEMORANDUM in Support, by Caterpillar Inc. (no pdf attached - see doc #99 for pdf as attorney originally docketed pdf under incorrect event) (cwl, )
March 24, 2023 Opinion or Order Filing 103 MOTION to Exclude the Opinions of Defendant Caterpillar, Inc.'s Expert Paul Dopp by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (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)(Williams, James) Modified on 3/27/2023 to correct motion event and clarify text (cwl, ).
March 24, 2023 Opinion or Order Filing 102 MOTION to Exclude the Opinions and Testimony of Defendant Caterpillar, Inc.'s Expert Troy Schick by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Williams, James) Modified on 3/27/2023 to correct motion event and clarify text (cwl, ).
March 24, 2023 Opinion or Order Filing 101 BRIEF and Statement of Undisputed Material Facts in Support re #98 MOTION for Summary Judgment filed by Powerscreen Crushing and Screening, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (UNDER SEAL), #8 Exhibit 8 (UNDER SEAL), #9 Exhibit 9, #10 Exhibit 10 (UNDER SEAL), #11 Exhibit 11 (UNDER SEAL), #12 Exhibit 12 (UNDER SEAL), #13 Exhibit 13 (UNDER SEAL), #14 Exhibit 14 (UNDER SEAL), #15 Exhibit 15 (UNDER SEAL), #16 Exhibit 16 (UNDER SEAL), #17 Exhibit 17 (UNDER SEAL), #18 Exhibit 18 (UNDER SEAL), #19 Exhibit 19 (UNDER SEAL), #20 Exhibit 20 (UNDER SEAL), #21 Exhibit 21 (UNDER SEAL), #22 Exhibit 22 (UNDER SEAL), #23 Exhibit 23 (UNDER SEAL), #24 Exhibit 24 (UNDER SEAL), #25 Exhibit 25 (UNDER SEAL), #26 Exhibit 26 (UNDER SEAL), #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33 (UNDER SEAL), #34 Exhibit 34 (UNDER SEAL), #35 Exhibit 35 (UNDER SEAL), #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40 (UNDER SEAL), #41 Exhibit 41 (UNDER SEAL), #42 Exhibit 42 (UNDER SEAL), #43 Exhibit 43, #44 Exhibit 44 (UNDER SEAL), #45 Exhibit 45 (UNDER SEAL), #46 Exhibit 46 (UNDER SEAL), #47 Exhibit 47 (UNDER SEAL), #48 Exhibit 48 (UNDER SEAL))(Hiltgen, Cary) Modified on 3/27/2023 to clarify the docket text (amf, ).
March 24, 2023 Opinion or Order Filing 100 Second Supplemental Evidentiary Submission re #56 MOTION for Summary Judgment filed by Caterpillar Inc. (Attachments: #1 Exhibit A)(Hooper, Sanford) Modified on 3/27/2023 to clarify text (cwl, ).
March 24, 2023 Opinion or Order Filing 99 (STRICKEN - DOCUMENT IS NOT A MOTION) MOTION for Joinder in Motion to Exclude Certain Opinions of Neil Hannemann #96 by Caterpillar Inc.. (Hooper, Sanford) Modified on 3/27/2023 (cwl, ).
March 24, 2023 Opinion or Order Filing 98 MOTION for Summary Judgment by Powerscreen Crushing and Screening, LLC. (Hiltgen, Cary)
March 24, 2023 Opinion or Order Filing 97 BRIEF/MEMORANDUM in Support re #96 MOTION Motion to Exclude Opinions of Expert Neil Hannemann filed by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (UNDER SEAL), #3 Exhibit 3, #4 Exhibit 4)(Hiltgen, Cary)
March 24, 2023 Opinion or Order Filing 96 MOTION Motion to Exclude Opinions of Expert Neil Hannemann by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC.. (Hiltgen, Cary)
March 24, 2023 Opinion or Order Filing 95 TEXT ORDER granting #91 Motion for Leave to File Under Seal Certain Exhibits to its #89 Brief in Support of Motion for Summary Judgment. Signed by Honorable Judge Myron H. Thompson on 3/24/2023. (No PDF attached to this entry) (bes, )
March 24, 2023 Opinion or Order Filing 94 TEXT ORDER granting #90 Motion for Leave to File Under Seal Certain Exhibits to its #87 Brief in Support of Motion for Summary Judgment. Signed by Honorable Judge Myron H. Thompson on 3/24/2023. (No PDF attached to this entry) (bes, )
March 24, 2023 Opinion or Order Filing 93 ORDER: It is ORDERED that the #86 motion for summary judgment is set for submission, without oral argument, on 4/28/2023, with any opposition brief and evidentiary materials due by 4/14/2023, and any reply to the opposition due by 4/28/2023. Signed by Honorable Judge Myron H. Thompson on 3/24/2023. (bes, )
March 24, 2023 Opinion or Order Filing 92 ORDER: It is ORDERED that the #88 motion for summary judgment is set for submission, without oral argument, on 4/28/2023, with any opposition brief and evidentiary materials due by 4/14/2023, and any reply to the opposition due by 4/28/2023. Signed by Honorable Judge Myron H. Thompson on 3/24/2023. (bes, )
March 23, 2023 Opinion or Order Filing 91 MOTION for Leave to File Under Seal Certain Exhibits to its #89 Brief in Support of Motion for Summary Judgment by Terex Corporation. (Attachments: #1 Exhibit 8 (UNDER SEAL), #2 Exhibit 9 (UNDER SEAL), #3 Exhibit 10 (UNDER SEAL))(bes, )
March 23, 2023 Opinion or Order Filing 90 MOTION for Leave to File Under Seal Certain Exhibits to its #87 Brief in Support of Motion for Summary Judgment by Terex USA, LLC.. (Attachments: #1 Exhibit 8 (UNDER SEAL), #2 Exhibit 9 (UNDER SEAL), #3 Exhibit 10 (UNDER SEAL), #4 Exhibit 12 (UNDER SEAL), #5 Exhibit 13 (UNDER SEAL), #6 Exhibit 14 (UNDER SEAL), #7 Exhibit 15 (UNDER SEAL), #8 Exhibit 16 (UNDER SEAL), #9 Exhibit 17 (UNDER SEAL), #10 Exhibit 18 (UNDER SEAL), #11 Exhibit 19 (UNDER SEAL), #12 Exhibit 20 (UNDER SEAL), #13 Exhibit 21 (UNDER SEAL), #14 Exhibit 22 (UNDER SEAL), #15 Exhibit 23 (UNDER SEAL), #16 Exhibit 24 (UNDER SEAL), #17 Exhibit 25 (UNDER SEAL), #18 Exhibit 26 (UNDER SEAL), #19 Exhibit 27 (UNDER SEAL), #20 Exhibit 28 (UNDER SEAL), #21 Exhibit 29 (UNDER SEAL), #22 Exhibit 37 (UNDER SEAL), #23 Exhibit 38 (UNDER SEAL), #24 Exhibit 39 (UNDER SEAL), #25 Exhibit 41 (UNDER SEAL), #26 Exhibit 42 (UNDER SEAL), #27 Exhibit 43 (UNDER SEAL))(bes, )
March 23, 2023 Opinion or Order Filing 89 BRIEF/MEMORANDUM in Support of Motion for Summary Judgment filed by Terex Corporation. (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 (UNDER SEAL), #9 Exhibit 9 (UNDER SEAL), #10 Exhibit 10 (UNDER SEAL), #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Hiltgen, Cary)
March 23, 2023 Opinion or Order Filing 88 MOTION for Summary Judgment by Terex Corporation. (Hiltgen, Cary)
March 23, 2023 Opinion or Order Filing 87 BRIEF/MEMORANDUM in Support of Motion for Summary Judgment filed by Terex USA, LLC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (UNDER SEAL), #9 Exhibit 9 (UNDER SEAL), #10 Exhibit 10 (UNDER SEAL), #11 Exhibit 11, #12 Exhibit 12 (UNDER SEAL), #13 Exhibit 13 (UNDER SEAL), #14 Exhibit 14 (UNDER SEAL), #15 Exhibit 15 (UNDER SEAL), #16 Exhibit 16 (UNDER SEAL), #17 Exhibit 17 (UNDER SEAL), #18 Exhibit 18 (UNDER SEAL), #19 Exhibit 19 (UNDER SEAL), #20 Exhibit 20 (UNDER SEAL), #21 Exhibit 21 (UNDER SEAL), #22 Exhibit 22 (UNDER SEAL), #23 Exhibit 23 (UNDER SEAL), #24 Exhibit 24 (UNDER SEAL), #25 Exhibit 25 (UNDER SEAL), #26 Exhibit 26 (UNDER SEAL), #27 Exhibit 27 (UNDER SEAL), #28 Exhibit 28 (UNDER SEAL), #29 Exhibit 29 (UNDER SEAL), #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37 (UNDER SEAL), #38 Exhibit 38 (UNDER SEAL), #39 Exhibit 39 (UNDER SEAL), #40 Exhibit 40, #41 Exhibit 41 (UNDER SEAL), #42 Exhibit 42 (UNDER SEAL), #43 Exhibit 43 (UNDER SEAL))(Hiltgen, Cary)
March 23, 2023 Opinion or Order Filing 86 MOTION for Summary Judgment by Terex USA, LLC.. (Hiltgen, Cary)
March 10, 2023 Opinion or Order Filing 85 NOTICE by Alabama Aggregate, Inc, Donald R. Raughton, Sr re #82 Notice of Mediation and Settlement Conference Supplemental Notice Concerning Settlement Conference and Mediation (Williams, James)
March 6, 2023 Opinion or Order Filing 84 OPPOSITION to Caterpillar's Supplement to #56 MOTION for Summary Judgment filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 1)(Williams, James) Modified on 3/6/2023 to add the link to the #56 motino(amf, ).
March 3, 2023 Opinion or Order Filing 83 Evidentiary Submission (Supplement) re #56 MOTION for Summary Judgment filed by Caterpillar Inc.. (Attachments: #1 Exhibit Depo Excerpts of D. Roughton, Sr., #2 Exhibit Depo Excerpts of D. Roughton, Jr.)(Hooper, Sanford) Modified on 3/3/2023 to clarify text (cwl, ).
February 24, 2023 Opinion or Order Filing 82 Notice of Mediation and Settlement Conference by Alabama Aggregate, Inc, Donald R. Raughton, Sr (Williams, James)
February 21, 2023 Opinion or Order Filing 81 ORDER: it is ORDERED that Plfs' #72 Motion for Protective Order Regarding Discovery to Bain & Company CPAs P.C. and the #74 Supplement thereto are GRANTED as it pertains to Doc. #74 -2 and DENIED as it pertains to Doc. #74 -1. Signed by Honorable Judge Stephen Michael Doyle on 2/21/2023. (bes, )
February 15, 2023 Opinion or Order Filing 80 ORDER: It is ORDERED that the #79 joint motion to permit expert discovery after the close of discovery is granted, and the parties are allowed to conduct expert discovery through 3/10/2023. Signed by Honorable Judge Myron H. Thompson on 2/15/2023. (bes, )
February 15, 2023 Opinion or Order Filing 79 Joint MOTION to Permit Expert Discovery After the Close of Discovery by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Text of Proposed Order)(Williams, James)
January 18, 2023 Opinion or Order Filing 78 ORDER granting #75 Motion for Leabe to File Under Seal Ex 4 to Terex USA, LLC's Response in Opposition to PLF's #72 & #74 Motions for a Protective Order Regarding Discovery to Bain & Company CPAS P.C.. Signed by Honorable Judge Stephen Michael Doyle on 1/18/2023. (No PDF attached to this entry) (bes, )
January 17, 2023 Opinion or Order Filing 77 REPLY to Response to Motion re #72 MOTION for Protective Order Plaintiffs Reply In Support of Their Motion for a Protective Order re Discovery to Bain & Co. CPAS P.C. filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A, #2 Exhibit B)(Williams, James)
January 17, 2023 Opinion or Order Filing 76 RESPONSE in Opposition re #74 Supplemental MOTION for Protective Order , #72 MOTION for Protective Order filed by Terex USA, LLC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (UNDER SEAL), #5 Exhibit 5, #6 Exhibit 6)(Grotta, Jeffrey)
January 17, 2023 Opinion or Order Filing 75 MOTION for LEave to File Under Seal Ex 4 to Terex USA, LLC's Response in Opposition to PLF's #72 & #74 Motions for a Protective Order Regarding Discovery to Bain & Company CPAS P.C. by Terex USA, LLC.. (Attachments: #1 Exhibit 4 (FILED UNDER SEAL))(bes, )
January 11, 2023 Opinion or Order Filing 74 Supplemental MOTION for Protective Order by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A, #2 Exhibit B)(Williams, James)
January 11, 2023 Opinion or Order Filing 73 ORDER: Upon consideration of the #72 Motion for Protective Order, it is ORDERED that, on or before noon on 1/17/2023, Defendant Terex USA, LLC shall show cause, if any there be, why the Motion should not be granted. If a subpoena to Bain & Company CPAs P.C. is served during the pendency of the briefing, Plaintiff shall supplement its motion by immediately filing the subpoena with the Court. If a subpoena is not issued during the briefing period, Plaintiff shall so inform the Court. Signed by Honorable Judge Stephen Michael Doyle on 1/11/2023. (No PDF attached to this entry) (bes, )
January 10, 2023 Opinion or Order Filing 72 MOTION for Protective Order by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A)(Williams, James)
December 19, 2022 Opinion or Order Filing 71 AMENDED ORDER: Based on the agreement of the parties, it is ORDERED that the #68 motion to reschedule trial date is granted, and the #35 uniform scheduling order, as modified, is further modified only to the extent that the trial, currently set for 9/11/2023, is reset for the term of court starting on 11/27/2023, with all deadlines expressly tied to the trial date adjusted accordingly. Signed by Honorable Judge Myron H. Thompson on 12/19/2022. (bes, )
December 16, 2022 Opinion or Order Filing 70 ORDER: it is ORDERED that the #68 motion to reschedule trial date is granted, and the #35 uniform scheduling order, as modified, is further modified to the extent that the trial, currently set for 9/11/2023, is reset for the term of court starting on 11/27/2023, with all deadlines tied that that date adjusted accordingly. Signed by Honorable Judge Myron H. Thompson on 12/16/2022. (Furn: Calendar, ag) (Term: Jury Trial set for 09/11/2023)(bes, )
December 7, 2022 Opinion or Order Filing 69 RESPONSE in Opposition re #68 MOTION to Reschedule Trial Date filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A)(Williams, James) Modified on 12/8/2022 to clarify the docket text (bes, ).
December 7, 2022 Opinion or Order Filing 68 MOTION to Reschedule Trial Date by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC.. (Stewart, Charles) Modified on 12/8/2022 to clarify the docket text (bes, ).
December 5, 2022 Opinion or Order Filing 67 ORDER: it is ORDERED that Plaintiffs' #66 Motion is GRANTED; Documents #63 -2, #63 -4, #63 -5, #63 -6, #63 -7, #63 -8, and #63 -13 shall not be sealed. Signed by Honorable Judge Stephen Michael Doyle on 12/5/2022. (es, )
November 22, 2022 Opinion or Order Filing 66 MOTION Challenging the Confidentiality Designations of Certain Documents by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Text of Proposed Order)(Williams, James)
November 22, 2022 Opinion or Order Filing 65 REPLY to Response to Motion re #56 MOTION for Summary Judgment filed by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hooper, Sanford)
November 10, 2022 Opinion or Order Filing 64 TEXT ORDER: Upon consideration of the #61 Motion for Leave to File Under Seal, and for good cause shown, it is ORDERED that the Motion is GRANTED and the documents shall be conditionally sealed until such time as the Court can resolve any potential disputes regarding the confidentiality designation of the documents pursuant to the protective order in this case. To the extent Plaintiff intends to challenge the confidentiality designation of certain documents, Plaintiff shall file its motion with the Court challenging the designations on or before 11/22/2022. Defendants shall file a response to any such motion on or before 11/29/2022. Signed by Honorable Judge Stephen Michael Doyle on 11/10/2022. (No PDF attached to this entry) (bes, )
November 8, 2022 Opinion or Order Filing 63 RESPONSE in Opposition re #56 MOTION for Summary Judgment Plaintiffs' Opposition to Caterpillar's Motion for Summary Judgment (REDACTED) filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit 1 D. Raughton Declaration, #2 Exhibit 2 (REDACTED), #3 Exhibit 3, #4 Exhibit 4 (REDACTED), #5 Exhibit 5 (REDACTED), #6 Exhibit 6 (REDACTED), #7 Exhibit 7 (REDACTED), #8 Exhibit 8 (REDACTED), #9 Errata 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 (REDACTED), #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Williams, James)
November 8, 2022 Opinion or Order Filing 62 Declaration of James B. Eubank in Support of PLFs' #61 MOTION for Leave to File Under Seal filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A (UNDER SEAL), #2 Exhibit 2 (UNDER SEAL), #3 Exhibit 4 (UNDER SEAL), #4 Exhibit 5 (UNDER SEAL), #5 Exhibit 6 (UNDER SEAL), #6 Exhibit 7 (UNDER SEAL), #7 Exhibit 8 (UNDER SEAL), #8 Exhibit 13 (UNDER SEAL))(bes, )
November 8, 2022 Opinion or Order Filing 61 MOTION for Leave to File Under Seal Part of PLFs' Opposition to Caterpillar's Motion for Summary Judgment and Exhibits Attached Thereto by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (bes, )
October 27, 2022 Opinion or Order Filing 60 ORDER denying #58 Motion to stay. Signed by Honorable Judge Myron H. Thompson on 10/27/2022. (bes, )
October 24, 2022 Opinion or Order Filing 59 RESPONSE in Opposition to Caterpillar's #58 MOTION to Stay Discovery Pending Resolution of #56 Motion for Summary Judgment - Plaintiffs' Opposition to Defendant Caterpillar's Motion to Stay Discovery filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A)(Williams, James) Modified on 10/25/2022 to add links and clarify text.(es, ).
October 24, 2022 Opinion or Order Filing 58 MOTION to Stay Discovery Pending Resolution of #56 Motion for Summary Judgment by Caterpillar Inc.. (Hooper, Sanford) Modified on 10/25/2022 to add link. (es, ).
October 18, 2022 Opinion or Order Filing 57 ORDER: It is ORDERED that the #56 motion for summary judgment is set for submission, without oral argument, on 11/22/2022, with any opposition brief and evidentiary materials due by 11/8/2022, and any reply to the opposition due by 11/22/2022. Signed by Honorable Judge Myron H. Thompson on 10/18/2022. (es, )
October 14, 2022 Opinion or Order Filing 56 MOTION for Summary Judgment by Caterpillar Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jesse Quick)(Hearn, Charles)
September 7, 2022 Opinion or Order Filing 55 ORDER: It is ORDERED as follows: (1) The joint motion to amend the scheduling order (Doc. #54 ) is granted to the extent set forth below. (2) The uniform scheduling order (Doc. #35 ), as modified (Doc. #50 and #53 ), is further modified in the following respects: (A) The pretrial, currently set for 4/13/2023, is reset for 7/20/2023 before Honorable Judge Myron H. Thompson, and the trial, currently set for 6/5/2023, is reset for the term of court beginning on 9/11/2023 before Honorable Judge Myron H. Thompson, with all unexpired deadlines expressly tied to these two dates adjusted accordingly. (B) The deadline for completing discovery, currently set for 11/11/2022, is extended to 2/24/2023. (C) The deadline for the parties' settlement conference, currently set for 11/11/2022, is extended to 2/24/2023, with the deadline for filing the "Notice Concerning Settlement Conference and Mediation" extended accordingly. (D) The deadline for plaintiffs' expert reports is extended to 12/16/2022, and for defendants' is extended to 1/31/2023. (E) The deadline for filing dispositive and Daubert motions, currently set for 12/8/2022, is extended to 3/24/2023. (F) All other deadlines are unchanged. Signed by Honorable Judge Myron H. Thompson on 9/7/2022. Furnished calendar, AG. (dmn, ) (Deadlines terminated: Pretrial 4/13/2023 and Trial 6/5/2023.)
September 2, 2022 Opinion or Order Filing 54 Joint MOTION to Amend the Scheduling Order by Alabama Aggregate, Inc, Donald R. Raughton, Sr., Terex USA, LLC., Terex Corporation, Powerscreen Crushing and Screening, LLC, Caterpillar, Inc. (Attachments: #1 Text of Proposed Order)(Williams, James) Modified on 9/2/2022 to clarify text and to add joint filers (bes, ).
May 26, 2022 Opinion or Order Filing 53 ORDER: It is ORDERED as follows: (1) The #52 joint motion to amend the scheduling order is granted to the extent set forth below. (2) The #35 uniform scheduling order is modified in the following respects: Final Pretrial Conference set for 4/13/2023 in Montgomery, AL before Honorable Judge Myron H. Thompson; Jury Trial set for 6/5/2023 at 10:00 AM in Montgomery, AL before Honorable Judge Myron H. Thompson; Discovery due by 11/11/2022; Mediation Notice due by 11/18/2022; Dispositive & Daubert Motions due by 12/8/2022, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/26/2022. (Furn: Calendar, ag) (Term: FPC set for 12/06/2022; Jury Selection & Trial set for 02/06/2023 (bes, )
May 17, 2022 Opinion or Order Filing 52 Joint MOTION to Amend #35 Scheduling Order by Alabama Aggregate, Inc, Donald R. Raughton, Sr., Terex USA, LLC Terex Corporation, Powerscreen Crushing & Screening, LLC & Caterpillar, Inc. (Attachments: #1 Proposed Order)(Williams, James) Modified on 5/17/2022 to add joint filers & clarify text as reflected in pleading (am, ).
May 2, 2022 Opinion or Order Filing 51 NOTICE of Appearance by Charles Michael Hearn on behalf of Caterpillar Inc. (Hearn, Charles)
April 18, 2022 Opinion or Order Filing 50 ORDER: GRANTING #49 Joint Motion to Extend Expert Disclosure Deadlines, and the #35 uniform scheduling order is MODIFIED to the following extent: the plaintiffs' expert witness disclosures are due on or before 60 days prior to the dispositive motion deadline, and the defendants' are due on or before 30 days prior to dispositive motion deadline. Signed by Honorable Judge Myron H. Thompson on 4/18/2022. (es, )
April 14, 2022 Opinion or Order Filing 49 Joint MOTION for Extension of Deadline Expert Disclosure by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC., Caterpillar Inc., Ronald R. Raughton, Sr., & Alabama Aggregate, inc. (Stewart, Charles) Modified on 4/15/2022 to add joint filers(am, ).
March 28, 2022 Opinion or Order Filing 48 TEXT ORDER: GRANTING #47 Motion for Rachal Alexandria Lisle to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 3/28/2022.(NO PDF attached to this entry) (es, )
March 28, 2022 Opinion or Order Filing 47 Motion for Admission of Rachal Lisle Pro Hac Vice (Filing fee $75.00 receipt number AALMDC-3191877.) by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC.. (Sparhawk, Jessica) Modified on 3/28/2022 to add PHV Attorney's name (am, ).
March 28, 2022 Opinion or Order ***Pursuant to the #47 Motion - Attorney Rachal Alexandria Lisle for Powerscreen Crushing and Screening, LLC, Terex Corporation, & Terex USA, LLC. added. (NO PDF attached to this entry) (am, )
March 14, 2022 Opinion or Order Filing 46 NOTICE of ERROR re #45 Notice of Appearance, which is hereby STRICKEN as an erroneous duplicate docket entry. (See doc #44 for correct entry) (am, )
March 14, 2022 Opinion or Order Filing 45 (STRICKEN PURSUANT TO THE #46 NOTICE OF ERROR) NOTICE of Appearance by Henry Clay Barnett, III on behalf of Donald R. Raughton, Sr (Barnett, Henry) Modified on 3/14/2022 (am, ).
March 14, 2022 Opinion or Order Filing 44 NOTICE of Appearance by Henry Clay Barnett, III on behalf of Alabama Aggregate, Inc & Ronald R. Raughton, Sr. (Barnett, Henry) Modified on 3/14/2022 to add joint filer (am, ).
February 28, 2022 Opinion or Order Filing 43 NOTICE of Appearance by Dylan Thomas Martin on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Martin, Dylan)
February 25, 2022 Opinion or Order Filing 42 TEXT ORDER: GRANTING #41 Motion to Withdraw Amber Nicole Hall as Attorney for defendant, Caterpillar Inc. Signed by Honorable Judge Myron H. Thompson on 2/25/2022. (No PDF attached to this entry) (es, )
February 25, 2022 Opinion or Order ***PURSUANT TO THE COURT'S TEXT ORDER (DOC # 42 ) - Attorney Amber Nicole Hall terminated. (No PDF attached to this entry) (es, )
February 24, 2022 Opinion or Order Filing 41 MOTION to Withdraw as Attorney by Caterpillar Inc.. (Hall, Amber)
February 17, 2022 Opinion or Order Filing 40 PROTECTIVE ORDER regarding Confidential information, as further set out in Order. Signed by Honorable Judge Stephen Michael Doyle on 2/17/2022. (am, )
February 17, 2022 Opinion or Order Filing 39 ORDER: it is ORDERED that the #38 Joint Motion for Entry of Proposed Stipulated Protective Order and Rule 502(d) Order is GRANTED in part and DENIED in part, as further set out in this Order; The revised protective order will be entered separately. Signed by Honorable Judge Stephen Michael Doyle on 2/17/2020. (am, )
February 11, 2022 Opinion or Order Filing 38 Joint MOTION for Entry of Proposed Stipulated Protective Order and Rule 502(d) Order by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC., Caterpillar, Inc., Alabama Aggregate, Inc., Donald R. Raughton, Sr., (Attachments: #1 Appendix Stipulated Protective Order)(Sparhawk, Jessica) Modified on 2/14/2022 to clarify docket text as to pleading and add all dfts and plfs as filers (es, ).
January 24, 2022 Opinion or Order Filing 37 TEXT ORDER: GRANTING #36 Motion for Leave to Withdraw Clifford (Chip) Wayne Cleveland, II, as Attorney for Plaintiffs. Signed by Honorable Judge Myron H. Thompson on 1/24/2022. (No PDF attached to this docket entry) (es, )
January 24, 2022 Opinion or Order ***PURSUANT TO THE COURT'S TEXT ORDER (DOC # 37) - Attorney Clifford (Chip) Wayne Cleveland, II terminated. (No PDF attached to this entry) (es, )
January 21, 2022 Opinion or Order Filing 36 MOTION for Leave to Withdraw as Attorney Chip Cleveland as counsel of record for Plaintiffs by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Proposed Order)(Williams, James) Modified on 1/24/2022 to clarify text as to pleading (es, ).
October 8, 2021 Opinion or Order Filing 35 UNIFORM SCHEDULING ORDER: A Pretrial Conference is scheduled for 12/6/2022 in Montgomery, AL before Honorable Judge Myron H. Thompson. Jury Trial set for term of court commencing on 2/6/2023 at 10:00 AM in Montgomery, Alabama before Honorable Judge Myron H. Thompson. Amended Pleadings due by 12/24/2021. Discovery due by 7/11/2022. Motions due by 8/8/2022. Mediation Notice due by 7/18/2022. Signed by Honorable Judge Myron H. Thompson on 10/8/2021. Furnished calendar group, AG. (dmn, )
October 6, 2021 Opinion or Order Case reassigned to Honorable Judge Stephen Michael Doyle. Honorable Judge Susan Russ Walker no longer assigned to the case as referral judge (NO PDF document attached to this notice). (djy, )
September 30, 2021 Opinion or Order Filing 34 NOTICE of Correction re #33 Joint Report of Rule 26(f) Planning Meeting to correct main pdf previously attached by e-filer. (Attachments: #1 Corrected Main Document #33 )(am, )
September 29, 2021 Opinion or Order Filing 33 REPORT of Rule 26(f) Planning Meeting. (Grotta, Jeffrey) (Main Document 33 replaced on 9/30/2021 to correct main pdf previously attached by e-filer) (am, ).
September 15, 2021 Opinion or Order Filing 32 NOTICE of Appearance by James Bringhurst Eubank on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Eubank, James)
September 15, 2021 Opinion or Order Filing 31 NOTICE of Appearance by Wilson Daniel Miles, III on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Miles, Wilson)
September 15, 2021 Opinion or Order Filing 30 NOTICE of Appearance by James Mitchell Williams on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Williams, James)
September 14, 2021 Opinion or Order Filing 29 AMENDMENT to #1 Notice of Removal by Terex USA, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Stewart, Charles) Modified on 9/15/2021 to add linkage & clarify text as reflected in pleading (am, ).
September 8, 2021 Opinion or Order Filing 28 RULE 26 (f) ORDER: DIRECTING that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than 9/29/2021, as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 9/8/2021. (am, )
September 8, 2021 Opinion or Order Filing 27 ORDER: It is ORDERED that the motions to dismiss (Doc. #1 -3, Doc. #1 -4, & Doc. #1 -5) are denied as moot in light of the filing of the second amended complaint (Doc. #1 -7. Signed by Honorable Judge Myron H. Thompson on 9/8/2021. (am, )
September 7, 2021 Opinion or Order Filing 26 OPINION AND ORDER: it is ORDERED as follows: (1) The #16 motion to remand is denied. (2) Dft Dustin White is dismissed and terminated as a party to this action. (3) The removing party has until 9/14/2021, to amend the notice of removal to allege jurisdiction sufficiently, 28 USC 1653; otherwise this lawsuit shall be remanded to state court. Signed by Honorable Judge Myron H. Thompson on 9/7/2021. (hfc, )
July 16, 2021 Opinion or Order Mail Returned as Undeliverable; Copy of #25 Notice of Reassignment sent to Dustin White, returned with the following USPS notation, " Return to Sender - Not Deliverable as Addressed - Unable to Forward." (NO PDF attached to this entry) (am, )
July 7, 2021 Opinion or Order Filing 25 Case Reassigned to Honorable Judge Myron H. Thompson as presiding judge and Honorable Judge Susan Russ Walker as referral judge; Honorable Judge Susan Russ Walker no longer assigned to the case as presiding judge. (wcl, )
July 7, 2021 Opinion or Order Filing 24 MOTION for Joinder in Terex USA's Opposition to Motion to Remand by Terex Corporation. (Stewart, Charles)
July 7, 2021 Opinion or Order JOINDER re #21 Response in Opposition to Motion by Terex Corporation. (No pdf attached to this entry - See doc #24 for pdf - Correction by Clerk where counsel previously e-filed using wrong civil event) (wcl, )
July 7, 2021 Opinion or Order Motions No Longer Referred to US Magistrate Judge: #1 MOTION to Dismiss or in the Alternative, MOTION for More Definite Statement, #1 MOTION TO DISMISS or Alternatively, MOTION for More Definite Statement, #16 MOTION to Remand to State Court , #1 MOTION to Dismiss. (No pdf attached to this entry) (wcl, )
July 6, 2021 Opinion or Order JOINDER re #21 Response in Opposition to Motion by Powerscreen Crushing and Screening, LLC. (No pdf attached to this entry - See doc #23 for pdf - Correction by Clerk where counsel previously e-filed using wrong civil event) (wcl, )
July 6, 2021 Opinion or Order Filing 23 MOTION for Joinder in Opposition to Motion to Remand by Powerscreen Crushing and Screening, LLC. (Boone, Jess)
July 6, 2021 Opinion or Order Filing 22 JOINDER re #21 Response in Opposition to Motion to Remand by Caterpillar Inc.. (Hooper, Sanford)
July 6, 2021 Opinion or Order Filing 21 RESPONSE in Opposition re #16 MOTION to Remand to State Court filed by Terex USA, LLC.. (Attachments: #1 Exhibit A)(Stewart, Charles)
June 28, 2021 Opinion or Order Filing 20 ORDER: it is ORDERED that the dft's #17 Motion for Leave to File a Response is GRANTED to the extent that dfts shall respond to the motion to remand on or before 7/6/2021; the parties are hereby reminded that each has the right to consent or request reassignment; counsel for the parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 7/6/2021, as further set out in order; Do NOT electronically file the consent form nor reassignment form into the record. Signed by Honorable Judge Susan Russ Walker on 6/28/2021. (wcl, )
June 28, 2021 Opinion or Order Filing 19 Corporate/Conflict Disclosure Statement by Alabama Aggregate, Inc, Donald R. Raughton, Sr re #18 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Wynn, Jonathan)
June 25, 2021 Opinion or Order Filing 18 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Plaintiffs Alabama Aggregate, Inc & Donald R. Raughton, Sr.; Corporate Disclosures due by 7/6/2021. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(amf, )
June 23, 2021 Opinion or Order Filing 17 MOTION for Leave to File Response to Plaintiffs' #16 Motion to Remand by Terex USA, LLC.. (Stewart, Charles) Modified on 6/23/2021 to add linkage(am, ).
June 11, 2021 Opinion or Order Filing 16 MOTION to Remand to State Court by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit)(Cleveland, Clifford (Chip))
June 3, 2021 Opinion or Order Filing 15 TEXT ORDER: granting #13 Motion for Jeff C. Grotta to Appear Pro Hac Vice. Signed by Honorable Judge Susan Russ Walker on 6/3/2021. (NO pdf attached to this entry) (cwl, )
June 3, 2021 Opinion or Order Filing 14 TEXT ORDER granting #12 Motion for Cary E. Hiltgen to Appear Pro Hac Vice. Signed by Honorable Judge Susan Russ Walker on 6/3/2021. (NO pdf attached to this entry) (cwl, )
June 3, 2021 Opinion or Order Filing 13 Motion for Jeff C. Grotta to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3028346.) by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC.. (Attachments: #1 Supplement Grotta Certificate of Good Standing)(Stewart, Charles) Modified on 6/3/2021 to add atty name (cwl, ).
June 3, 2021 Opinion or Order Filing 12 Motion for Cary E. Hiltgen to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3028343.) by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC.. (Attachments: #1 Supplement Hiltgen Certificate of Good Standing)(Stewart, Charles) Modified on 6/3/2021 to add atty name (cwl, ).
June 3, 2021 Opinion or Order ***PURSUANT TO THE #12 & #13 MOTIONS - Attorney Cary E. Hiltgen, Jeff C. Grotta for Powerscreen Crushing and Screening, LLC; Terex USA, LLC added. (No pdf attached to this entry) (cwl, )
June 1, 2021 Opinion or Order Filing 11 Corporate/Conflict Disclosure Statement by Caterpillar Inc. re #6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Hooper, Sanford)
June 1, 2021 Opinion or Order Filing 10 Corporate/Conflict Disclosure Statement by Terex USA, LLC.. (Stewart, Charles) (Main Document 10 replaced on 6/2/2021 to remove ability to edit PDF) (bes, ). Modified on 6/2/2021 (bes, ).
June 1, 2021 Opinion or Order Filing 9 Corporate/Conflict Disclosure Statement by Terex Corporation re #5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Stewart, Charles) (Main Document 9 replaced on 6/2/2021 to remove ability to edit PDF) (bes, ). Modified on 6/2/2021 (bes, ).
June 1, 2021 Opinion or Order Filing 8 Corporate/Conflict Disclosure Statement by Powerscreen Crushing and Screening, LLC re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Stewart, Charles) (Main Document 8 replaced on 6/2/2021 to remove ability to edit PDF) (bes, ). Modified on 6/2/2021 (bes, ).
June 1, 2021 Opinion or Order Mail Returned as Undeliverable. #3 Notice of Assignment mailed to Dustin White returned by USPS with the following notation, "Return to Sender, Not Deliverable as Addressed, Unable to Forward." (dmn, ) (no pdf)
May 24, 2021 Opinion or Order Filing 7 ANSWER to #1 - 7 Second Amended Complain by Terex USA, LLC..(Stewart, Charles)
May 21, 2021 Opinion or Order Filing 6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Caterpillar Inc.; Corporate Disclosures due by 6/1/2021. (Attachments: #1 Standing Order & Sample)(am, )
May 21, 2021 Opinion or Order Filing 5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Terex Corporation; Corporate Disclosures due by 6/1/2021. (Attachments: #1 Standing Order & Sample)(am, )
May 21, 2021 Opinion or Order Filing 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Powerscreen Crushing and Screening, LLC; Corporate Disclosures due by 6/1/2021. (Attachments: #1 Standing Order & Sample)(am, )
May 21, 2021 Opinion or Order Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for Alabama Aggregate, Inc, Caterpillar Inc., Powerscreen Crushing and Screening, LLC, Donald R. Raughton, Sr, Terex Corporation, Terex USA, LLC., Dustin White. (am, )
May 17, 2021 Opinion or Order Filing 2 Conflict Disclosure Statement by Terex USA, LLC. (am, )
May 17, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Terex USA, LLC. from Circuit Court of Autauga County, AL, case number 4-CV-2020-900132.00. (Filing fee $402.00 receipt number 4602063389) (Attachments: #1 State Court Complaint, #2 State Court First Amended Complaint, #3 PowerScreen Motion to Dismiss/Def. Statement, #4 Terex Corp Motion to Dismiss, #5 Caterpillar Mot to Dismiss/More Def Statement, #6 Pltf Response to all Motions to Dismiss, #7 State Court Second Amended Complaint, #8 Terex Corp Answer to 2nd Amended Complaint, #9 Terex Corp Amended Answer to 2nd Amended Complaint, #10 Powescreen Answer to 2nd Amended Complaint, #11 Caterpillar Answer to 2nd Amended Complaint, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C-Notice of Consents to Removal, #15 Exhibit D-Declaration Dustin White, #16 Exhibit E, #17 Exhibit F, #18 Exhibit G, #19 Exhibit H-State Court Record, #20 Notice of Filing to State Court, #21 Civil Cover Sheet, #22 Receipt)(am, )
May 17, 2021 Opinion or Order MOTION to Dismiss, or Alternatively, MOTION for More Definite Statement by Caterpillar Inc. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order RESPONSE to all Motions to Dismiss filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order MOTION to Dismiss by Terex Corporation. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order COMPLAINT against Caterpillar Inc., Powerscreen Crushing and Screening, LLC, Terex Corporation, Dustin White, filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (NO PDF - See doc #1 )(am, )
May 17, 2021 Opinion or Order Second AMENDED COMPLAINT with JURY DEMAND against Caterpillar Inc., Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC., Dustin White, filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (NO PDF - See doc #1 )(am, )
May 17, 2021 Opinion or Order DEMAND for Trial by Jury by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order FIRST AMENDED COMPLAINT with JURY DEMAND against Caterpillar Inc., Powerscreen Crushing and Screening, LLC, Terex Corporation, Dustin White, filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (NO PDF - See doc #1 )(am, )
May 17, 2021 Opinion or Order MOTION TO DISMISS or in the Alternative, MOTION for More Definite Statement by Powerscreen Crushing and Screening, LLC. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order ANSWER and Defenses to Second Amended Complaint by Caterpillar Inc. (NO PDF - See doc #1 )(am, )
May 17, 2021 Opinion or Order Notice of Consent to #1 Removal by Caterpillar Inc. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order Notice of Consent to #1 Removal by Terex Corporation. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order Notice of Consent to #1 Removal by Powerscreen Crushing and Screening, LLC. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order NOTICE of filing of Removal to State Court by Terex USA, LLC. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order DEMAND for Trial by Jury by Caterpillar Inc. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order AMENDED ANSWER to Second Amended Complaint by Terex Corporation. (NO PDF - See doc #1 ) (am, )
May 17, 2021 Opinion or Order ANSWER to Second Amended Complaint by Powerscreen Crushing and Screening, LLC. (NO PDF - See doc #1 )(am, )
May 17, 2021 Opinion or Order ANSWER to Second Amended Complaint by Terex Corporation. (NO PDF - See doc #1 )(am, )

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Search for this case: Alabama Aggregate, Inc et al v. Powerscreen Crushing and Screening, LLC et al
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Defendant: Terex USA, LLC.
Represented By: Charles Andrew Stewart, III
Represented By: Jessica Sparhawk
Represented By: Cary Evan Hiltgen
Represented By: Jeffrey Chase Grotta
Represented By: Rachal Alexandria Lisle
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Defendant: Caterpillar Inc.
Represented By: Sanford Graham Hooper
Represented By: Amber Nicole Hall
Represented By: Adam Kennedy Peck
Represented By: Charles Michael Hearn
Represented By: Amber Nicole Thompson
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Defendant: Dustin White
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Defendant: Powerscreen Crushing and Screening, LLC
Represented By: Jess Street Boone
Represented By: Charles Andrew Stewart, III
Represented By: Cary Evan Hiltgen
Represented By: Jeffrey Chase Grotta
Represented By: Rachal Alexandria Lisle
Represented By: Jessica Sparhawk
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Defendant: Terex Corporation
Represented By: Charles Andrew Stewart, III
Represented By: Jessica Sparhawk
Represented By: Jeff C. Grotta
Represented By: Cary E. Hiltgen
Represented By: Cary Evan Hiltgen
Represented By: Jeffrey Chase Grotta
Represented By: Rachal Alexandria Lisle
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Plaintiff: Donald R. Raughton, Sr.
Represented By: Clifford (Chip) Wayne Cleveland, II
Represented By: Jonathan D. Wynn, II
Represented By: Wilson Daniel Miles, III
Represented By: James Bringhurst Eubank
Represented By: James Mitchell Williams
Represented By: Dylan Thomas Martin
Represented By: Henry Clay Barnett, III
Represented By: Rebecca Diane Gilliland
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Plaintiff: Alabama Aggregate, Inc
Represented By: Clifford (Chip) Wayne Cleveland, II
Represented By: Jonathan D. Wynn, II
Represented By: James Bringhurst Eubank
Represented By: James Mitchell Williams
Represented By: Wilson Daniel Miles, III
Represented By: Dylan Thomas Martin
Represented By: Henry Clay Barnett, III
Represented By: Rebecca Diane Gilliland
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