Lee v. Terex Corporation
Plaintiff: Ozzie Lee
Defendant: Terex Corporation and United Rentals (North America), Inc.
Intervenor: Liberty Mutual Insurance Company, as subrogee for Acco Engineered Systems, Inc.
Case Number: 3:2023cv04615
Filed: September 8, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Susan Illston
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2023 Opinion or Order Filing 27 Letter from Boccardo Law Firm Requesting Order Granting Intervention. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Stein, John) (Filed on 11/3/2023)
October 25, 2023 Opinion or Order Filing 26 OBJECTIONS to re #23 Notice (Other), #24 Notice (Other) Liberty Mutual's Joinder in Plaintiff's Motion to Remand by Terex Corporation. (Speer, Kourtney) (Filed on 10/25/2023)
October 20, 2023 Opinion or Order Filing 25 REPLY (re #20 MOTION to Remand ) filed byOzzie Lee. (Stein, John) (Filed on 10/20/2023)
October 20, 2023 Opinion or Order Filing 24 NOTICE by Liberty Mutual Insurance Company, as subrogee for Acco Engineered Systems, Inc. of Joinder in Plaintiffs Motion to Remand (Monteleone, Anna) (Filed on 10/20/2023)
October 20, 2023 Opinion or Order Filing 23 NOTICE by Liberty Mutual Insurance Company, as subrogee for Acco Engineered Systems, Inc. of Joinder in Plaintiff's Motion to Remand (Monteleone, Anna) (Filed on 10/20/2023)
October 13, 2023 Opinion or Order Filing 22 OPPOSITION/RESPONSE (re #20 MOTION to Remand ) filed byTerex Corporation. (Attachments: #1 Declaration, #2 Proposed Order)(Speer, Kourtney) (Filed on 10/13/2023)
October 5, 2023 Opinion or Order Filing 21 Certificate of Interested Entities by Terex Corporation (Speer, Kourtney) (Filed on 10/5/2023)
September 29, 2023 Opinion or Order Filing 20 MOTION to Remand filed by Ozzie Lee. Motion Hearing set for 11/17/2023 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 10/13/2023. Replies due by 10/20/2023. (Attachments: #1 Exhibit Memorandum of Points and Authorities, #2 Declaration Declaration of John C. Stein, #3 Exhibit Request for Judicial Notice, #4 Proposed Order Proposed Order, #5 Certificate/Proof of Service Proof of Service)(Stein, John) (Filed on 9/29/2023)
September 29, 2023 Opinion or Order Filing 19 NOTICE by United Rentals (North America), Inc. re #17 Answer to Complaint (Notice of Removal) Certificate and Notice of Interested Parties (Sutton, Michael) (Filed on 9/29/2023)
September 29, 2023 Opinion or Order Filing 18 NOTICE of Appearance by Michael Scott Sutton (Sutton, Michael) (Filed on 9/29/2023)
September 29, 2023 Opinion or Order Filing 17 ANSWER to Complaint (Notice of Removal) byUnited Rentals (North America), Inc.. (Sutton, Michael) (Filed on 9/29/2023)
September 22, 2023 Opinion or Order Filing 16 DEMAND for Trial by Jury by Terex Corporation. (Speer, Kourtney) (Filed on 9/22/2023)
September 19, 2023 Opinion or Order Filing 15 CERTIFICATE OF SERVICE by Ozzie Lee Proof of Service of Initial Case Management Guideline and Clerks Notice on Reassignment (Stein, John) (Filed on 9/19/2023)
September 14, 2023 Opinion or Order Filing 14 INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 12/8/2023. Initial Case Management Conference set for 12/15/2023 02:30 PM in San Francisco, - Videoconference Only. (ec, COURT STAFF) (Filed on 9/14/2023)
September 14, 2023 Opinion or Order Filing 13 Case Reassigned to Judge Susan Illston for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 9/14/2023. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 9/14/2023)
September 14, 2023 Opinion or Order Filing 12 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 9/14/2023)
September 14, 2023 Opinion or Order Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND WILL BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 9/14/2023)
September 14, 2023 Opinion or Order Filing 10 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/6/2023. Initial Case Management Conference set for 12/13/2023 10:00 AM in San Jose, Courtroom 4, 5th Floor. (sec, COURT STAFF) (Filed on 9/14/2023)
September 13, 2023 Opinion or Order Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Terex Corporation.. (Speer, Kourtney) (Filed on 9/13/2023)
September 12, 2023 Opinion or Order Filing 8 CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/26/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/12/2023)
September 12, 2023 Opinion or Order Filing 7 NOTICE of Appearance by William T. Nagle (Nagle, William) (Filed on 9/12/2023)
September 12, 2023 Opinion or Order Filing 6 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/26/2023. (sec, COURT STAFF) (Filed on 9/12/2023)
September 11, 2023 Opinion or Order Filing 5 Civil Cover Sheet by Terex Corporation . (Speer, Kourtney) (Filed on 9/11/2023)
September 8, 2023 Opinion or Order Filing 4 CERTIFICATE OF SERVICE by Terex Corporation re #1 Notice of Removal, #2 Certificate of Interested Entities, #3 Declaration in Support (Speer, Kourtney) (Filed on 9/8/2023)
September 8, 2023 Opinion or Order Filing 3 Declaration of Kourtney M. Speer in Support of #1 Notice of Removal, filed byTerex Corporation. (Related document(s) #1 ) (Speer, Kourtney) (Filed on 9/8/2023)
September 8, 2023 Opinion or Order Filing 2 Rule 7.1 Disclosures by Terex Corporation (Speer, Kourtney) (Filed on 9/8/2023)
September 8, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Santa Clara. Their case number is 23CV415679. (Filing fee $402 receipt number ACANDC-18626138). Filed byTerex Corporation. (Attachments: #1 Exhibit State Court civil cover sheet, #2 Exhibit Pleadings and papers, #3 Exhibit State court docket, #4 Civil Cover Sheet)(Speer, Kourtney) (Filed on 9/8/2023)
September 8, 2023 Opinion or Order #Electronic filing error. Use Current Civil Cover Sheet off our website. www.cand.uscourts.gov. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover SheetThis filing will not be processed by the clerks office. Re: #1 Notice of Removal, filed by Terex Corporation (as, COURT STAFF) (Filed on 9/8/2023)
September 8, 2023 Opinion or Order #Electronic filing error. Incorrect Civil Cover Sheet used. Please use our most recent version (10/2020) found on our website www.cand.uscourts.gov. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover SheetThis filing will not be processed by the clerks office.Please re-file in its entirety. Re: #1 Notice of Removal, filed by Terex Corporation (ark, COURT STAFF) (Filed on 9/8/2023)

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Plaintiff: Ozzie Lee
Represented By: John Charles Stein
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Defendant: Terex Corporation
Represented By: Kourtney M Speer
Represented By: William T. Nagle
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Defendant: United Rentals (North America), Inc.
Represented By: Michael Scott Sutton
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Intervenor: Liberty Mutual Insurance Company, as subrogee for Acco Engineered Systems, Inc.
Represented By: Anna Joy Monteleone
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