Alabama Aggregate, Inc et al v. Powerscreen Crushing and Screening, LLC et al
| Donald R. Raughton, Sr. and Alabama Aggregate, Inc |
| Terex USA, LLC., Caterpillar Inc., Dustin White, Powerscreen Crushing and Screening, LLC and Terex Corporation |
| 2:2021cv00357 |
| May 17, 2021 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| Tilman Eugene Self |
| Myron H Thompson |
| Susan Russ Walker |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 149
ORDER: It is ORDERED that the uniform scheduling order (Doc. #35 ) is modified to the extent that the pretrial is reset for 3/14/2024 before Honorable Judge Myron H. Thompson, and the jury selection and trial, previously set for 11/27/2023, are reset for the term of court beginning on 5/6/2024, with all deadlines expressly tied to the modified dates adjusted accordingly. Signed by Honorable Judge Myron H. Thompson on 11/6/2023. Furnished calendar, AG. (Deadlines terminated: PTC 12/6/2022, Jury Selection and Jury Trial 2/6/2023.)(dmn, )
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Filing 148
Case reassigned to Honorable Judge Myron H. Thompson. District Judge Tilman Eugene Self no longer assigned to the case as presiding judge. (dmn, )
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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, ).
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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, )
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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, )
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Filing 144
NOTICE of Appearance by Rebecca Diane Gilliland on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Gilliland, Rebecca)
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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)
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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, )
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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, ).
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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, ).
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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, )
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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, ).
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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, ).
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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, ).
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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, )
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Filing 134
JOINDER re #130 Response in Support of Motion, to Exclude Certain Opinions of Neil Hannemann by Caterpillar Inc.. (Hooper, Sanford)
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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)
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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)
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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)
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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)
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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, )
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Filing 128
REPLY to Response to Motion re #88 MOTION for Summary Judgment filed by Terex Corporation. (Hiltgen, Cary)
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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)
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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)
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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)
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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)
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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)
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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, )
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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, )
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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, )
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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, ).
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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, )
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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, ).
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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)
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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)
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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)
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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, ).
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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, )
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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, )
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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)
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, ).
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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, ).
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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, ).
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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, ).
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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, ).
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Filing 98
MOTION for Summary Judgment by Powerscreen Crushing and Screening, LLC. (Hiltgen, Cary)
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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)
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Filing 96
MOTION Motion to Exclude Opinions of Expert Neil Hannemann by Powerscreen Crushing and Screening, LLC, Terex Corporation, Terex USA, LLC.. (Hiltgen, Cary)
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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)
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Filing 88
MOTION for Summary Judgment by Terex Corporation. (Hiltgen, Cary)
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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)
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Filing 86
MOTION for Summary Judgment by Terex USA, LLC.. (Hiltgen, Cary)
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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)
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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, ).
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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, ).
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Filing 82
Notice of Mediation and Settlement Conference by Alabama Aggregate, Inc, Donald R. Raughton, Sr (Williams, James)
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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, )
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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, )
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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)
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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, )
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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)
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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)
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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, )
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Filing 74
Supplemental MOTION for Protective Order by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A, #2 Exhibit B)(Williams, James)
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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, )
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Filing 72
MOTION for Protective Order by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit A)(Williams, James)
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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, )
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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, )
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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, ).
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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, ).
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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, )
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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)
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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)
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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, )
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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)
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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, )
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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, )
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Filing 60
ORDER denying #58 Motion to stay. Signed by Honorable Judge Myron H. Thompson on 10/27/2022. (bes, )
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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, ).
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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, ).
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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, )
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Filing 56
MOTION for Summary Judgment by Caterpillar Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jesse Quick)(Hearn, Charles)
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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.)
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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, ).
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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, )
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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, ).
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Filing 51
NOTICE of Appearance by Charles Michael Hearn on behalf of Caterpillar Inc. (Hearn, Charles)
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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, )
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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, ).
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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, )
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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, ).
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***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, )
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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, )
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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, ).
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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, ).
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Filing 43
NOTICE of Appearance by Dylan Thomas Martin on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Martin, Dylan)
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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, )
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***PURSUANT TO THE COURT'S TEXT ORDER (DOC # 42 ) - Attorney Amber Nicole Hall terminated. (No PDF attached to this entry) (es, )
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Filing 41
MOTION to Withdraw as Attorney by Caterpillar Inc.. (Hall, Amber)
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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, )
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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, )
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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, ).
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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, )
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***PURSUANT TO THE COURT'S TEXT ORDER (DOC # 37) - Attorney Clifford (Chip) Wayne Cleveland, II terminated. (No PDF attached to this entry) (es, )
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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, ).
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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, )
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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, )
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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, )
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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, ).
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Filing 32
NOTICE of Appearance by James Bringhurst Eubank on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Eubank, James)
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Filing 31
NOTICE of Appearance by Wilson Daniel Miles, III on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Miles, Wilson)
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Filing 30
NOTICE of Appearance by James Mitchell Williams on behalf of Alabama Aggregate, Inc, Donald R. Raughton, Sr (Williams, James)
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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, ).
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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, )
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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, )
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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, )
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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, )
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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, )
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Filing 24
MOTION for Joinder in Terex USA's Opposition to Motion to Remand by Terex Corporation. (Stewart, Charles)
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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, )
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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, )
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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, )
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Filing 23
MOTION for Joinder in Opposition to Motion to Remand by Powerscreen Crushing and Screening, LLC. (Boone, Jess)
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Filing 22
JOINDER re #21 Response in Opposition to Motion to Remand by Caterpillar Inc.. (Hooper, Sanford)
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Filing 21
RESPONSE in Opposition re #16 MOTION to Remand to State Court filed by Terex USA, LLC.. (Attachments: #1 Exhibit A)(Stewart, Charles)
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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, )
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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)
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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, )
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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, ).
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Filing 16
MOTION to Remand to State Court by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (Attachments: #1 Exhibit)(Cleveland, Clifford (Chip))
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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, )
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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, )
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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, ).
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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, ).
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***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, )
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Filing 11
Corporate/Conflict Disclosure Statement by Caterpillar Inc. re #6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Hooper, Sanford)
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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, ).
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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, ).
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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, ).
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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)
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Filing 7
ANSWER to #1 - 7 Second Amended Complain by Terex USA, LLC..(Stewart, Charles)
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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, )
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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, )
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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, )
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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, )
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Filing 2
Conflict Disclosure Statement by Terex USA, LLC. (am, )
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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, )
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MOTION to Dismiss, or Alternatively, MOTION for More Definite Statement by Caterpillar Inc. (NO PDF - See doc #1 ) (am, )
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RESPONSE to all Motions to Dismiss filed by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (NO PDF - See doc #1 ) (am, )
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MOTION to Dismiss by Terex Corporation. (NO PDF - See doc #1 ) (am, )
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DEMAND for Trial by Jury by Alabama Aggregate, Inc, Donald R. Raughton, Sr. (NO PDF - See doc #1 ) (am, )
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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, )
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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, )
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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, )
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MOTION TO DISMISS or in the Alternative, MOTION for More Definite Statement by Powerscreen Crushing and Screening, LLC. (NO PDF - See doc #1 ) (am, )
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ANSWER and Defenses to Second Amended Complaint by Caterpillar Inc. (NO PDF - See doc #1 )(am, )
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Notice of Consent to #1 Removal by Caterpillar Inc. (NO PDF - See doc #1 ) (am, )
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Notice of Consent to #1 Removal by Terex Corporation. (NO PDF - See doc #1 ) (am, )
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Notice of Consent to #1 Removal by Powerscreen Crushing and Screening, LLC. (NO PDF - See doc #1 ) (am, )
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NOTICE of filing of Removal to State Court by Terex USA, LLC. (NO PDF - See doc #1 ) (am, )
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DEMAND for Trial by Jury by Caterpillar Inc. (NO PDF - See doc #1 ) (am, )
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AMENDED ANSWER to Second Amended Complaint by Terex Corporation. (NO PDF - See doc #1 ) (am, )
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ANSWER to Second Amended Complaint by Powerscreen Crushing and Screening, LLC. (NO PDF - See doc #1 )(am, )
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ANSWER to Second Amended Complaint by Terex Corporation. (NO PDF - See doc #1 )(am, )
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