Franklin v. Caterpillar Incorporated et al
| Donna Franklin |
| Caterpillar Incorporated, Carlisle Companies Incorporated, Honeywell International and Federal Mogul Corporation |
| 1:2013cv00888 |
| May 10, 2013 |
| US District Court for the Northern District of Alabama |
| Eastern Office |
| Calhoun |
| Karon O Bowdre |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 65 ENTRY OF DISMISSAL: Pursuant to the 11th Cir.R. 42-2(c), this appeal is DISMISSED for want of prosecution. (SAC ) |
| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re: #59 Notice of Appeal, Appeal No. 15-11375-D. The entire record on appeal is available electronically. (SAC ) |
| Filing 64 USCA Case Number 15-11375-D for #59 Notice of Appeal filed by Donna Franklin. (SAC ) |
| Filing 63 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #59 Notice of Appeal. (SAC ) |
| Filing 62 Transmittal Letter. (SAC ) |
| Filing 61 NOTICE by Donna Franklin re #60 Appeal Transcript Request, USCA Appeal Fees (Knight, Thomas) |
| Filing 60 TRANSCRIPT REQUEST by Donna Franklin before Judge Bowdre, (Knight, Thomas) |
| USCA Appeal Fees received $ 505.00 ; ALND receipt number B4601060679 re #59 Notice of Appeal filed by Donna Franklin. (SAC ) |
| Filing 59 NOTICE OF APPEAL as to #58 Order Dismissing Case,,, by Donna Franklin. Filing fee $ 505, receipt number 1126-2357423. Appeal Record due by 3/13/2015. (Knight, Thomas) |
Filing 58
FINAL JUDGMENT For the reasons discussed in the court's Memorandum Opinion, filed concurrently with this Order, the court GRANTS in part and DENIES in part Carlisle's motion to strike, (Doc. 39); and GRANTS in part and DENIES in part Caterpillar's motion to strike, (Doc. 40). The court DENIES the Plaintiff's Rule 56(d) motion to continue contained in her consolidated response to the Defendants' motions for summary judgment, (Doc. 32). The court GRANTS Honeywell's motion for summary judgment, (Doc. 22); GRANTS Carlisle's motion for summary judgment, (Doc. 24); and GRANTS Caterpillar's motion for summary judgment, (Doc. 26). Finally, the court DISMISSES Federal-Mogul WITHOUT PREJUDICE at the Plaintiff's direction. Signed by Chief Judge Karon O Bowdre on 2/10/15. (SAC )
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| Filing 57 MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 2/10/15. (SAC ) |
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Filing 56
TEXT ORDER GRANTING #55 Joint Motion to Stay Scheduling Order Dates. The court stays the scheduling order's deadlines pending the court's ruling on the Defendants' motions for summary judgment. Signed by Chief Judge Karon O Bowdre on 1/20. (TJH)
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| Filing 55 Joint MOTION to Stay SCHEDULING ORDER DATES by Caterpillar Incorporated. (Waudby, William) |
| Filing 54 RESPONSE to Show Cause Order filed by Donna Franklin. (Knight, Thomas) |
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Filing 53
ORDER TO SHOW CAUSE. Plaintiff perfected service on Defendant Federal-Mogul Corporation on April 11, 2013. No answer has been filed by Defendant Federal-Mogul Corporation, nor has Plaintiff applied for entry of default by the Clerk of Court. Plaintiff is directed to show cause in writing by Monday, January 12, 2015, why Defendant Federal-Mogul Corporation should not be dismissed for failure to prosecute. Signed by Chief Judge Karon O Bowdre on 12/31/2014. (FNC)
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Filing 52
ORDER For reasons noted within, Plaintiff's motion to compel under Rule 37(a) is DENIED without prejudice. Signed by Magistrate Judge John E Ott on 9/24/14. (SAC )
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| Filing 51 MOTION for Leave to Appear Certification in Support of Motion for Admission Pro Hac Vice of Deirdre C. McGlinchey by Caterpillar Incorporated. (Waudby, William) |
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Filing 50
TEXT ORDER granting #49 Motion for Admission of Deirdre C. McGlinchey Pro Hac Vice. Counsel is advised that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Chief Judge Karon O Bowdre on 9/20/14. (MMW)
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| PHV Fee paid: $50.00, ALND receipt number B4601056055. (SAC ) |
| Filing 49 MOTION for Leave to Appear Pro Hac Vice of Deirdre C. McGlinchey by Caterpillar Incorporated. (Waudby, William) |
| Minute Entry for proceedings held before Magistrate Judge John E Ott: Motion Hearing held on 9/17/2014 re #31 MOTION to Compel Discovery filed by Donna Franklin; court's preliminary remarks; oral argument between the parties. (Court Reporter Margaret Wasmund.) (BST, ) |
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Filing 48
STIPULATION AND PROTECTIVE ORDER CONCERNING CONFIDENTIAL MATERIALS Signed by Chief Judge Karon O Bowdre on 9/11/14. (Attachments: #1 Exhibit A, #2 Exhibit B)(SAC )
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| Filing 47 Witness List of Plaintiff by Donna Franklin. (Knight, Thomas) |
| Filing 46 RESPONSE in Support re #40 MOTION to Strike #32 Response in Opposition to Motion, CATERPILLAR'S REPLY IN SUPPORT OF MOTION TO STRIKE filed by Caterpillar Incorporated. (Waudby, William) |
| Filing 45 MOTION JOINT MOTION FOR ENTRY OF STIPULATION AND PROTECTIVE ORDER CONCERNING CONFIDENTIAL MATERIALS by Caterpillar Incorporated. (Attachments: #1 Text of Proposed Order STIPULATION AND PROTECTIVE ORDER)(Waudby, William) |
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Filing 44
TEXT ORDER resetting Hearing on #31 Plaintiff's motion to compel discovery: The hearing is reset for 9/17/2014 at 11:00 AM in Hugo L Black U.S. Courthouse, Birmingham, AL before Magistrate Judge John E. Ott. Signed by Magistrate Judge John E. Ott on 9/04/2014. (SJB)
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Filing 43
ORDER Setting Hearing on Motion #31 MOTION to Compel Discovery : Motion Hearing set for 9/10/2014 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge John E Ott; Signed by Magistrate Judge John E Ott on 9/4/2014. (BST, )
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| Set/Reset Hearings (per 44 Text Order): Motion Hearing reset for 9/17/2014 at 11:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge John E Ott. (SAC ) |
| Filing 42 RESPONSE in Opposition re #40 MOTION to Strike #32 Response in Opposition to Motion, , #39 MOTION to Strike #32 Response in Opposition to Motion, Affidavit of Beverly Olds [Doc 32-3] filed by Donna Franklin. (Knight, Thomas) |
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Filing 41
ORDER -The Clerk is DIRECTED to REASSIGN this case. Case reassigned to Chief Judge Karon O Bowdre for all further proceedings. Please use case# 1:13-cv-0888-KOB on all subsequent pleadings. Signed by Judge Robert B Propst on 8/25/2014. (AVC)
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| Filing 40 MOTION to Strike #32 Response in Opposition to Motion, by Caterpillar Incorporated. (Waudby, William) |
| Filing 39 MOTION to Strike #32 Response in Opposition to Motion, Affidavit of Beverly Olds [Doc 32-3] by Carlisle Companies Incorporated. (Evans, Jenelle) |
| Filing 38 REPLY to Response to Motion re #24 MOTION for Summary Judgment filed by Carlisle Companies Incorporated. (Evans, Jenelle) |
| Filing 37 REPLY to Response to Motion re #26 MOTION for Summary Judgment CATERPILLARS REPLY TO PLAINTIFFS RESPONSE AND filed by Caterpillar Incorporated. (Attachments: #1 Exhibit 7)(Waudby, William) |
| Filing 36 REPLY to re #32 Plaintiff's Response to Honeywell International Motion for Summary Judgment filed by Honeywell International. (Lankford, Frank) |
| Filing 35 REPLY to Response in Opposition to Motion to Compel Discovery #34 filed by Donna Franklin. (Knight, Thomas) |
| Filing 34 RESPONSE in Opposition to Motion to Compel Discovery #31 filed by Caterpillar Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Waudby, William) |
| Filing 33 SUPPLEMENT to Response to Motions for Summary Judgment #32 filed by Donna Franklin. (Attachments: #1 Supplement Order 8-8-2014, #2 Supplement Amended Order 8-12-14)(Knight, Thomas) |
| Filing 32 RESPONSE and Opposition to Motions for Summary Judgment #22 , #24 , and #26 filed by Donna Franklin. (Attachments: #1 Exhibit A, #2 Affidavit B, #3 Affidavit C, #4 Exhibit D, #5 Exhibit E, #6 Affidavit F, #7 Exhibit G)(Knight, Thomas) |
| MOTIONS #31 MOTION to Compel REFERRED to Magistrate Judge Ott. (SCL ) |
| Filing 31 MOTION to Compel Discovery by Donna Franklin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Knight, Thomas) |
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Filing 30
SUBMISSION ORDER- re: #26 MOTION for Summary Judgment by Caterpillar Incorporated. By 7/21/2014, the movant will submit briefs and affidavits, depositions extracts, etc., in support of said motion. The opposing parties will respond by 8/11/2014. Movant will have until 8/25/2014 to reply to briefs. Signed by Judge Robert B Propst on 7/14/2014. (AVC)
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Filing 29
SUBMISSION ORDER- re: #24 MOTION for Summary Judgment by Carlisle Companies Incorporated. By 7/21/2014, the movant will submit briefs and affidavits, depositions extracts, etc., in support of said motion. The opposing parties will respond by 8/11/2014. Movant will have until 8/25/2014 to reply to briefs. Signed by Judge Robert B Propst on 7/14/2014. (AVC)
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Filing 28
SUBMISSION ORDER- re: #22 MOTION for Summary Judgment by Honeywell International. By 7/21/2014, the movantswill submit briefs and affidavits, depositions extracts, etc., in support of said motion. The opposing parties will respond by 8/11/2014. Movants will have until 8/25/2014 to reply. Signed by Judge Robert B Propst on 7/14/2014. (AVC)
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| Filing 27 Brief re #26 MOTION for Summary Judgment filed by Caterpillar Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, # (5 Exhibit 5, #6 Exhibit 6)(Waudby, William) |
| Filing 26 MOTION for Summary Judgment by Caterpillar Incorporated. (Waudby, William) |
| Filing 25 Evidentiary Material re: #23 Brief in Support of Honeywell International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Lankford, Frank) |
| Filing 24 MOTION for Summary Judgment by Carlisle Companies Incorporated. (Attachments: #1 Supplement Brief in Support of Motion for Summary Judgment, #2 Supplement Evidentiary Submission in Support of Motion for Summary, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Evans, Jenelle) |
| Filing 23 Brief in Support of Motion for Summary Judgment #22 .(Lankford, Frank) |
| Filing 22 MOTION for Summary Judgment by Honeywell International. (Lankford, Frank) |
| Set/Reset Scheduling Order Deadlines: Discovery deadline extended to 2/27/2015. (SCL, ) |
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ORDER granting #21 Motion to Amend/Correct. Signed by Judge Robert B Propst on 6/30/2014. (SCL, )
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| Filing 21 Joint MOTION to Amend/Correct Motion to Amend Scheduling Order Dates by Caterpillar Incorporated. (Waudby, William) |
| Set/Reset Scheduling Order Deadlines: Discovery due by 7/31/2014; proposed pretrial conference reset for 10/23/2014 to be set by separate order at later date (SCL, ) |
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ORDER granting #20 Motion to Amend/Correct. Signed by Judge Robert B Propst on 12/26/2013. (SCL, )
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| Filing 20 MOTION to Amend/Correct by Carlisle Companies Incorporated, Catepillar Incorporated, Federal Mogul Corporation, Donna Franklin, Honeywell International. (Knight, Thomas) |
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Filing 19
QUALIFIED HIPAA PROTECTIVE ORDER. Signed by Judge Robert B Propst on 10/31/2013. (AVC)
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ORDER granting Motion for HIPAA Order #18 . Signed by Judge Robert B Propst on 10/31/2013. (AVC)
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| Filing 18 MOTION for Hipaa Order by Carlisle Companies Incorporated. (Evans, Jenelle) |
| Filing 17 NOTICE by Donna Franklin (Knight, Thomas) |
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Filing 16
ORDER-re: #15 Objections. To the extent that Caterpillar's filing is offered as a motion, it is hereby DENIED and with leave to refile a motion that complies with FRCP 7(b). Signed by Magistrate Judge John E Ott on 9/27/2013. (AVC)
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| CASE REFERRED to Magistrate Judge John E Ott on #15 objections to notice of deposition (SCL, ) |
| Filing 15 Opposition to re #14 Rule 30(b)(5) & (6) Notice of Deposition filed by Caterpillar Incorporated. (Waudby, William) |
| Filing 14 NOTICE by Donna Franklin (Knight, Thomas) |
| Set/Reset Scheduling Order Deadlines: Discovery due by 1/31/2014; proposed pretrial conference set 3/20/2014 to be set by separate order at later date (SCL, ) |
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ORDER approving #13 Report of Rule 26(f) Planning Meeting. Signed by Judge Robert B Propst on 6/27/2013. (SCL, )
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| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Waudby, William) |
| Filing 12 DEMAND for Trial by Jury by Donna Franklin(Knight, Thomas) Modified on 5/17/2013 (AVC). |
| Filing 11 Corporate Disclosure Statement by Carlisle Companies Incorporated. (Evans, Jenelle) Modified on 5/17/2013 (AVC). |
| Filing 10 ANSWER to Complaint by Honeywell International.(Lankford, Frank) |
| Filing 9 ANSWER to Complaint by Carlisle Companies Incorporated.(Evans, Jenelle) |
| Filing 8 ANSWER to Complaint by Caterpillar Incorporated.(Waudby, William) Modified on 5/14/2013 (AVC). |
| Filing 7 NOTICE of Appearance by Stewart W McCloud on behalf of Honeywell International (McCloud, Stewart) |
| Filing 6 Corporate Disclosure Statement by Honeywell International. (Lankford, Frank) Modified on 5/13/2013 (AVC). |
| Filing 5 NOTICE of Appearance by Frank E Lankford, Jr on behalf of Honeywell International (Lankford, Frank) |
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Filing 4
ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS-reminding parties of their obligations under FRCP 26(f) and Local Rule LR26.1(d) - with appendices attached. Signed by Judge Robert B Propst on 5/13/2013. (AVC)
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| Set/Reset Scheduling Order Deadlines: Rule 26 Meeting Report due by 6/27/2013. (SCL, ) |
| Filing 3 Corporate Disclosure Statement by Caterpillar Incorporated. (Waudby, William) Modified on 5/13/2013 (AVC). |
| Filing 2 NOTICE REGARDING CONSENT (AVC) |
| Filing 1 NOTICE OF REMOVAL by Caterpillar Incorporated from Circuit Court of Calhoun County, Alabama, case# CV-2013-900183, filed by Caterpillar Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(AVC) |
| Filing Fee Received: $400, Receipt# 1126-1921989 (ALND# B4601043674) (Waudby, William) Modified on 5/13/2013 (AVC). |
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