Bender Shipbuilding & Repair Co., Inc. v. Caterpillar, Inc. et al
| Bender Shipbuilding & Repair Co., Inc. |
| Caterpillar, Inc., Alstom Power Conversion, Inc., Converteam, Inc. and Thompson Tractor Co., Inc. |
| 1:2010cv00092 |
| February 24, 2010 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Mobile |
| William E Cassady |
| Callie V S Granade |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 16, 2012. A more recent docket listing may be available from PACER.
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Filing 76
ORDER granting #39 Motion to Remand. The court declines to adopt the #60 Report and Recommendation and finds that remand is appropriate. This case is REMANDED to the Circuit Court of Mobile County, Alabama. Signed by Judge Callie V. S. Granade on 4/16/2012. (sdb)
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| Filing 75 NOTICE by Bender Shipbuilding & Repair Co., Inc. re #74 Reply Brief, #63 Brief, #61 Objection Notice of Subsequent Events Relating to Bankruptcy Remand and Abstention and Renewed Motion to Refer (Attachments: #1 Exhibit Order) (Nicholas, Steven) |
| Filing 74 REPLY Brief filed by Plaintiff Bender Shipbuilding & Repair Co.Inc in support of its #61 & #63 its objection to #60 R&R, Inc. (Nicholas, Steven) |
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Filing 73
ENDORSED ORDER granting #72 Motion of Plainiff for Leave to File a Reply Brief in Support of their objection to the Magistrate's Report and Recommendation. Said brief to be filed forthwith. Signed by Judge Callie V. S. Granade on 11/29/2010. (jts)
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| Filing 72 MOTION for Leave to File Reply Brief by Bender Shipbuilding & Repair Co., Inc.. (Attachments: #1 Exhibit Plaintiff Bender Shipbuilding & Repair Co., Inc.'s Reply Brief in Support of Its Objection to Magistrate Judge's Report and Recommendation) (Nicholas, Steven) |
| Filing 71 Brief filed by Caterpillar, Inc. in Opposition to Plaintiff's Objection to the Report and Recommendation of the Magistrate Judge to Deny Motion to Remand and/or Abstention. (Hamilton, William) |
| Filing 70 RESPONSE to #61 Objection to Report and Recommendation filed by Converteam, Inc.. (Berdy, Christopher) |
| Filing 69 NOTICE of Appearance by Anna-Katherine Graves Bowman on behalf of Thompson Tractor Co., Inc. (Bowman, Anna-Katherine) |
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Filing 68
ENDORSED ORDER granting #67 Motion to Clarify. Response by Converteam, Inc. to be filed by 11/12/2010. Signed by Judge Callie V. S. Granade on 11/10/2010. (jts)
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| Filing 67 MOTION to Clarify and for Extension to File Response by Converteam, Inc.. (Berdy, Christopher) |
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Filing 66
ENDORSED ORDER granting #65 Motion for Extension of Time to File Response/Reply to Plaintiff's Objection to Report and Recommendation by Caterpillar, Inc.. Replies due by 11/12/2010.. Signed by Judge Callie V. S. Granade on 11/05/2010. (jts)
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| Filing 65 MOTION for Extension of Time to File Response/Reply to Plaintiff's Objection to Report and Recommendation by Caterpillar, Inc.. (Hamilton, William) |
| Filing 64 NOTICE by Converteam, Inc. of Intent to File Response to Plaintiff's Objection to Report and Recommendation (Berdy, Christopher) |
| Filing 63 Brief filed by Bender Shipbuilding & Repair Co., Inc. re #61 Objection, #62 Brief. (Attachments: #1 Exhibit) (Nicholas, Steven) |
| Filing 62 (REFILED AT DOC. 63 W/EXHIBIT) Brief filed by Bender Shipbuilding & Repair Co., Inc. re #61 Objection to Magistrate Judge's Recommendation To Deny Motion To Remand And/Or Abstention. (Nicholas, Steven) Modified on 10/30/2010 (mab). |
| Filing 61 Objection of Plaintiff Bender Shipbuilding & Repair Co., Inc. to Magistrate Judge's Recommendation To Deny Motion To Remand And/Or Abstention. (Nicholas, Steven) |
| Filing 60 REPORT AND RECOMMENDATION, recommending that #39 MOTION to Remand or Abstain From Exercising Jurisdiction filed by Bender Shipbuilding & Repair Co., Inc. be DENIED IN ITS ENTIRETY. Objections to R&R due by 10/29/2010. Signed by Magistrate Judge William E. Cassady on 10/15/2010. (mab) |
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Filing 59
Order, STRIKING #55 Joint MOTION to Consolidate Cases as PREMATURE. Signed by Magistrate Judge William E. Cassady on 10/15/2010. (mab)
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| Filing 58 RESPONSE in Opposition re #55 Joint MOTION to Consolidate Cases filed by Bender Shipbuilding & Repair Co., Inc.. (Nicholas, Steven) |
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Filing 57
Order, re: #55 Joint MOTION to Consolidate CV-306-CG-C and CV-10-312-CG-C with this case. The plaintiffs in all three cases are ORDERED to show cause why the motion to consolidate for all purposes should not be granted no later than September 3, 2010. Signed by Judge Callie V. S. Granade on 08/20/2010. (mab)
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| Filing 56 Brief filed by Caterpillar, Inc. re #55 Joint MOTION to Consolidate Cases (Memorandum in Support of). (Hamilton, William) |
| Filing 55 Joint MOTION to Consolidate Cases by Caterpillar, Inc.. (Hamilton, William) |
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Filing 54
ENDORSED ORDER granting #53 MOTION for Extension of Time To Comply with Court's Order Dated April 14, 2010 by Bender Shipbuilding & Repair Co., Inc. Signed by Judge Callie V. S. Granade on 04/29/2010. (mab)
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| Filing 53 MOTION for Extension of Time To Comply with Court's Order Dated April 14, 2010 by Bender Shipbuilding & Repair Co., Inc.. (Olen, Steve) |
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Filing 52
ORDER GRANTING Plf's #50 Motion to Exceed Page Limitation as set out. Signed by Magistrate Judge William E. Cassady on 4/26/10. (tot)
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| Filing 51 REPLY to Response to Motion #39 Plaintiff's Consolidated Reply Memorandum in Support of Motion To Remand and/or Abstention filed by Bender Shipbuilding & Repair Co., Inc.. (Nicholas, Steven) |
| Filing 50 MOTION for Leave to File Excess Pages by Bender Shipbuilding & Repair Co., Inc.. (Nicholas, Steven) |
| Filing 49 RESPONSE in Opposition re #39 MOTION to Remand or Abstain From Exercising Jurisdiction (Joint) filed by Caterpillar, Inc.. (Hamilton, William) |
| Filing 48 RESPONSE in Opposition re #39 MOTION to Remand or Abstain From Exercising Jurisdiction filed by Converteam, Inc.. (Berdy, Christopher) |
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Filing 47
ORDER, On or before April 28, 2010, the plaintiff is ORDERED to request the clerk of court to enter default against defendant Alstom Power Conversion, Inc., or show cause why it is unable to comply with Rule 55(a) of the Federal Rules of Civil Procedure. Signed by Judge Callie V. S. Granade on 04/14/2010. (mab)
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Filing 46
ENDORSED ORDER granting in part and denying in part #45 Motion for Extension of Time. The Rule 26(f) Report is to be filed within two weeks of notification that this matter has not been referred to the Bankruptcy Court (Doc. 5) and will not be remanded to the Circuit Court of Mobile County (Doc. 39). The motion is otherwise DENIED. Signed by Magistrate Judge William E. Cassady on 4-12-10. (Cassady, William)
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| Filing 45 Joint MOTION for Extension of Time to File Rule 26(f) Report by Caterpillar, Inc.. (Hamilton, William) |
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Filing 44
Order re: Plf's #39 MOTION to Remand or Abstain From Exercising Jurisdiction. Dft's response due by 4/16/2010; Plf's reply due by 4/23/2010. Signed by Magistrate Judge William E. Cassady on 3/31/10. (tot)
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Filing 43
ENDORSED ORDER granting #24 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, adjudged and decreed that counselors Colvin G. Norwood, Jr., Rudy J. Cerone and Mark N. Bodin, as a members in good standing of the Bar of the United States District Court for the Eastern District of Louisiana, who have complied with the rules of this Court, be and are hereby admitted pro hac vice to serve the interests of justice in the above-entitled cause. In addition, a review of the disclosure statement presented by Defendant Converteam Inc. (Doc. 34), pursuant to Local Rule 3.4, has been completed. That review has not revealed any reason to believe that there are any actual or potential conflicts of interest that would require disqualification or recusal in this action.Signed by Magistrate Judge William E. Cassady on 3-31-10. (Cassady, William)
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| Filing 42 REPLY BRIEF in Support re #5 MOTION Refer Proceedings to Bankruptcy Court filed by Bender Shipbuilding & Repair Co., Inc. (Nicholas, Steven) |
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Filing 41
ENDORSED ORDER granting #38 Motion for Leave to File Brief in Support of Motion to Refer Proceedings. Signed by Judge Callie V. S. Granade on 03/29/2010. (jts)
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| Filing 40 Memorandum in Support re #39 MOTION to Remand or Abstain From Exercising Jurisdiction filed by Bender Shipbuilding & Repair Co., Inc.. (Attachments: #1 Exhibit 1) (Olen, Steve) |
| Filing 39 MOTION to Remand or Abstain From Exercising Jurisdiction by Bender Shipbuilding & Repair Co., Inc.. (Olen, Steve) |
| Filing 38 MOTION for Leave to File Reply Brief in Support of Motion to Refer Proceedings by Bender Shipbuilding & Repair Co., Inc.. (Attachments: #1 Exhibit A) (Olen, Steve) |
| Filing 37 ANSWER to #8 Answer to Complaint, Counterclaim by Bender Shipbuilding & Repair Co., Inc.. (Cunningham, Robert) |
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Filing 36
ORDER GRANTING Plf's #29 Motion for Extension of Time & EXTENDS the time for Plf to respond to the pending motions to dismiss to 14 days after a final determination by this Court that it may exercise subject-matter jurisdiction over this cause. Dfts will then have one week to file their reply, & briefing on the motions to dismiss will be closed. Signed by Magistrate Judge William E. Cassady on 3/22/10. (tot)
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| Filing 35 Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #34 filed by Converteam, Inc. (jts) |
| Filing 34 Corporate Disclosure Statement filed by Defendants Converteam, Inc., Converteam, Inc. identifying Corporate Parent Converteam, Inc. for Converteam, Inc... (Berdy, Christopher) |
| Filing 33 NOTICE by Caterpillar, Inc. re #24 MOTION for Colvin G. Norwood, Jr., Rudy J. Cerone and Mark N. Bodin to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-904051, Online Credit Card Payment.) MOTION for Colvin G. Norwood, Jr., Rudy J. Cerone and Mark N. Bodin to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-904051, Online Credit Card Payment.) (Certificates of Good Standing) (Hamilton, William) |
| Filing 32 RESPONSE in Opposition re #5 MOTION Refer Proceedings to Bankruptcy Court filed by Caterpillar, Inc.. (Hamilton, William) |
| Filing 31 RESPONSE in Opposition re #5 MOTION Refer Proceedings to Bankruptcy Court filed by Thompson Tractor Co., Inc.. (Shaw, James) |
| Filing 30 RESPONSE in Opposition re #5 MOTION Refer Proceedings to Bankruptcy Court filed by Converteam, Inc.. (Berdy, Christopher) |
| Filing 29 MOTION for Extension of Time to Respond to Motions to Dismiss, MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss, #21 MOTION to Dismiss by Bender Shipbuilding & Repair Co., Inc.. (Attachments: #1 Exhibit Order and Motion) (Olen, Steve) |
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Filing 28
Order. A review of the disclosure statements presented by Plaintiff Bender Shipbuilding & Repair Co., Inc.(Doc. 22), and Defendants Thompson Tractor Co. (Doc. 17) and Caterpillar Inc. (Doc. 23), pursuant to Local Rule 3.4, has been completed. That review has not revealed any reason to believe that potential conflicts of interest exist that would require disqualification or recusal in this action.Signed by Magistrate Judge William E. Cassady on 3-17-10. (Cassady, William)
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| Filing 27 Documents endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #22 filed by Bender Shipbuilding & Repair Co., Inc., Corporate Disclosure Statement #23 filed by Caterpiller, Inc. (jts) |
| Filing 26 Rule 3.4 and blank disclosure statement form e-mailed to Defendant Converteam, Inc.; Disclosure Statement Due 3/22/2010. (mab) |
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Filing 25
Order, re: #21 MOTION to Dismiss filed by Converteam, Inc. Plaintiff's response due by 3/29/2010. Converteam Inc's replies due by 4/5/2010. Briefing on this motion to dismiss will then be CLOSED. Signed by Magistrate Judge William E. Cassady on 3/16/2010. (mab)
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| Filing 24 MOTION for Colvin G. Norwood, Jr., Rudy J. Cerone and Mark N. Bodin to Appear Pro Hac Vice ( Pro Hac Vice Filing fee $ 50, Receipt number 1128-904051, Online Credit Card Payment.) by Caterpiller, Inc. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Hamilton, William) (Additional attachment added on 3/19/2010: #3 Receipts for Pro Hac Vice Fees, #17159, $50.00; & #17160, $50.00) (mab). |
| Filing 23 Corporate Disclosure Statement filed by Defendant Caterpiller, Inc.. (Hamilton, William) |
| Filing 22 Corporate Disclosure Statement filed by Plaintiff Bender Shipbuilding & Repair Co., Inc.. (Olen, Steve) |
| Filing 21 MOTION to Dismiss by Converteam, Inc.. (Berdy, Christopher) |
| Filing 20 Converteam, Inc.'s ANSWER to Complaint with Jury Demand by Converteam, Inc.. (Berdy, Christopher) |
| Filing 19 Joinder in NOTICE OF REMOVAL by Converteam, Inc. Notice of Consent to Removal () (Berdy, Christopher) |
| Filing 18 Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #17 filed by Thompson Tractor Co., Inc. (jts) |
| Filing 17 Corporate Disclosure Statement filed by Defendant Thompson Tractor Co., Inc.. (Shaw, James) |
| Filing 16 Return of Service Executed Alstom Power Conversion, Inc. served on 2/22/2010 pursuant to USPS website, answer due 3/15/2010. (mab) |
| Filing 15 Return of Service Executed as to Converteam, Inc. served on 2/22/2010 pursuant to USPS website, answer due 3/15/2010. (mab) |
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Filing 14
ORDER re: #5 Plaintiff's Motion to Refer Proceedings to the United States Bankruptcy Court. The defendants are ORDERED to show cause why plaintiff's motion should not be granted on or before March 18, 2010. Signed by Judge Callie V. S. Granade on 03/04/2010. (mab)
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Filing 13
Order re: #11 MOTION to Dismiss filed by Caterpiller, Inc. Plaintiff's response due by 3/18/2010. Caterpillar, Inc.'s reply due by 3/25/2010. Should Judge Granade refer this action to the United States Bankruptcy Court for the Southern District of Alabama, as requested by plaintiff (Doc. #5 ), the motion to dismiss will be ripe for a ruling by the Bankruptcy Court. Otherwise, the motion to dismiss will be ripe for recommended disposition by the undersigned. Signed by Magistrate Judge William E. Cassady on 3/4/2010. (mab)
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| Filing 12 Brief re #11 MOTION to Dismiss (in Support of). (Hamilton, William) |
| Filing 11 MOTION to Dismiss by Caterpiller, Inc.. (Hamilton, William) |
| Filing 10 ANSWER to Complaint with Jury Demand by Caterpiller, Inc.. (Hamilton, William) |
| Filing 9 Blank Disclosure Statement Form E-Mailed to counsel for Plaintiff Bender Shipbuilding & Repair Co., Inc., Defendants Caterpiller, Inc., Thompson Tractor Co., Inc.; Disclosure Statements Due 3/15/2010. (tot) |
| Answer to #8 Counterclaim due from Bender Shipbuilding & Repair Co., Inc. on 3/24/2010. (tot) |
| Filing 8 Thompson Tractor Co., Inc.'s ANSWER to Complaint and, COUNTERCLAIM against Bender Shipbuilding & Repair Co., Inc. by Thompson Tractor Co., Inc.. (Shaw, James) |
| Filing 7 This action has been transferred from the docket of Magistrate Judge William E. Cassady and is now assigned to the docket of Judge Callie V. S. Granade. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix CG-C after the case number on all future pleadings. (eec) |
| Filing 6 Miscellaneous Document Plaintiff's Statement Pursuant to Bankruptcy Rule 9027(e)(3). (Olen, Steve) |
| Filing 5 MOTION Refer Proceedings to Bankruptcy Court by Bender Shipbuilding & Repair Co., Inc.. (Attachments: #1 Exhibit) (Olen, Steve) |
| Filing 4 NOTICE of Appearance by Robert T. Cunningham, Jr on behalf of Bender Shipbuilding & Repair Co., Inc. (Cunningham, Robert) |
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Filing 3
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 4/12/2010. Signed by Magistrate Judge William E. Cassady on 2/25/10. (eec)
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| Filing 2 Notice of Assignment to Magistrate Judge William E. Cassady for trial. (eec) |
| Filing 1 NOTICE OF REMOVAL by Caterpiller, Inc. (Joint) from Circuit Court of Mobile County, Alabama, case number 10-900126. ( Filing fee $ 350, Receipt number 1128-896051, Online Credit Card Payment.), filed by Caterpiller, Inc.. (Attachments: #1 Exhibit State Court File) (Hamilton, William) (Additional attachment(s) added on 2/24/2010: #2 Civil Cover Sheet) (eec). |
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