Howlett et al v. Caterpillar, Inc. et al
| Kimberly Howlett and Ryan Howlett |
| Caterpillar, Inc., KAB Seating, Ltd. and Commercial Vehicle Group, Inc. |
| Department of Transportation |
| 3:2020cv00887 |
| June 26, 2020 |
| US District Court for the District of Connecticut |
| Stefan R Underhill |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Oliver, T.) |
| Filing 38 STIPULATION of Dismissal of Case with Prejudice by Kimberly Howlett, Ryan Howlett. (Walsh, Michael) |
| Filing 37 NOTICE of Appearance by Lisa Guttenberg Weiss on behalf of Department of Transportation (Weiss, Lisa) |
| Reset Deadlines: Discovery due by 10/1/2021, Dispositive Motions due by 11/1/2021 (Barry, Donna) |
Filing 36
ORDER granting #35 the parties' joint motion for an extension of time. In particular, discovery will now close on October 1, 2021. Fact witness depositions shall be completed by June 1, 2021. Plaintiffs shall disclose their experts by July 1, 2021, and those experts shall be deposed by August 2, 2021. Defendants shall disclose their experts by September 1, 2021, and those experts shall be deposed by October 1, 2021. Dispositive motions (if any) are now due by November 1, 2021. Signed by Judge Stefan R. Underhill on 03/24/2021. (Rosenberg, J.)
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| Filing 35 Joint MOTION for Extension of Time of current deadlines by Caterpillar, Inc.. (Lantry, Jacob) |
| Docket Entry Correction re #34 MOTION to Intervene Intervening Plaintiff's Rule 26(a) Initial Disclosures - MODIFIED TO NOTE DOCUMENT ENTERED IN ERROR; PER THE LOCAL RULES, DISCOVERY IS NOT TO BE FILED (Oliver, T.) |
| Filing 34 ENTERED IN ERROR - MOTION to Intervene Intervening Plaintiff's Rule 26(a) Initial Disclosures by Department of Transportation.Responses due by 11/19/2020 (Widem, Lawrence) Modified on 10/30/2020 (Oliver, T.). |
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Filing 33
ORDER granting #28 the State of Connecticut's motion to intervene as of right and denying #32 Caterpillar, Inc.'s motion for leave to file a sur-reply. Pursuant to Fed. R. Civ. P. 24(a), a party is entitled to intervene as of right when it (1) makes a timely application, (2) has an interest in the action (3) that may be impaired by the action's disposition and (4) that is not protected adequately by the parties to the action. See In re Bank of New York Derivative Litig., 320 F.3d 291, 300 (2d Cir. 2003) (cleaned up). The State of Connecticut has satisfied all four requirements. Further, defendant Caterpillar, Inc. "acknowledges the State's statutory right to intervene." Response, Doc. No. #30 , at 1. Thus, the State of Connecticut is entitled to intervene as of right.Caterpillar's request to impose limitations on discovery is denied without prejudice. Should any issues regarding the scope of discovery arise, the parties are welcome to bring those disputes to my attention either by contacting my chambers or by filing on the docket a notice detailing the dispute.Signed by Judge Stefan R. Underhill on 09/22/2020. (Rosenberg, J.)
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| Filing 32 MOTION for Leave to File Sur-Reply Regarding the State of Connecticut's Motion to Intervene by Caterpillar, Inc.. (Lantry, Jacob) |
| Filing 31 Memorandum in Support re #28 MOTION to Intervene As of Right on the Grounds of Subrogation filed by state of Connecticut, Department of Transportation. (Widem, Lawrence) |
| Filing 30 RESPONSE re #28 MOTION to Intervene As of Right on the Grounds of Subrogation filed by Caterpillar, Inc.. (Lantry, Jacob) |
| Filing 29 ANSWER to Complaint (Notice of Removal) by Commercial Vehicle Group, Inc., KAB Seating, Ltd..(Tetreault, Brian) |
| Filing 28 MOTION to Intervene As of Right on the Grounds of Subrogation by state of Connecticut, Department of Transportation.Responses due by 9/25/2020 (Attachments: #1 Memorandum in Support)(Widem, Lawrence) |
| Answer deadline updated for Commercial Vehicle Group, Inc. to 9/14/2020; KAB Seating, Ltd. to 9/14/2020. (Jaiman, R.) |
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Filing 27
ORDER granting #24 Commercial Vehicle Group, Inc. and KAB Seating, Ltd.'s motion for extension of time. Those defendants' responsive pleadings are now due by September 14, 2020. Signed by Judge Stefan R. Underhill on 09/01/2020. (Rosenberg, J.)
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| Filing 26 NOTICE of Appearance by Philip M. Schulz on behalf of state of Connecticut, Department of Transportation Office of the Attorney General (Widem, Lawrence) Modified on 8/31/2020 to correct docket text. (Fanelle, N.) |
| Filing 25 NOTICE of Appearance by Lawrence G. Widem on behalf of state of Connecticut, Department of Transportation (Widem, Lawrence) |
| Filing 24 Third MOTION for Extension of Time until September 14, 2020 to Plead by Commercial Vehicle Group, Inc., KAB Seating, Ltd.. (Tetreault, Brian) |
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Filing 23
MEMORANDUM of Rule 16 Pretrial Conference and ORDER. Signed by Judge Stefan R. Underhill on 08/20/2020. (Rosenberg, J.)
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| Filing 22 Minute Entry for proceedings held before Judge Stefan R. Underhill: Telephonic Rule 16 Pretrial Conference held on 8/20/2020. Total Time: 0 hours and 16 minutes. (Rosenberg, J.) |
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Filing 21
ORDER granting #18 motion for extension of time. Signed by Judge Stefan R. Underhill on 08/10/2020. (Rosenberg, J.)
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| Filing 20 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Rule 16 Pretrial Conference set for 8/20/2020 03:00 PM before Judge Stefan R. Underhill. The call-in for the conference is 888.636.3807; when prompted for the access code, dial 650.8043 followed by #. (If asked whether to join the conference as the host, bypass that option by dialing #.) (Rosenberg, J.) |
| Filing 19 Joint REPORT of Rule 26(f) Planning Meeting. (Amata, Doreen) |
| Filing 18 Second MOTION for Extension of Time until August 31, 2020 To Plead by Commercial Vehicle Group, Inc., KAB Seating, Ltd.. (Tetreault, Brian) |
| Answer deadline updated for Commercial Vehicle Group, Inc. to 7/31/2020. (Jaiman, R.) |
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Filing 17
ORDER granting #16 motion for extension of time. Signed by Judge Stefan R. Underhill on 07/24/2020. (Rosenberg, J.)
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| Filing 16 First MOTION for Extension of Time until July 31, 2020 To Plead by Commercial Vehicle Group, Inc., KAB Seating, Ltd.. (Tetreault, Brian) |
| Filing 15 NOTICE of Appearance by Brian Tetreault on behalf of Commercial Vehicle Group, Inc., KAB Seating, Ltd. (Tetreault, Brian) |
| Filing 14 ANSWER to Complaint with Jury Demand by Caterpillar, Inc..(Lantry, Jacob) |
| Filing 13 DEMAND for Trial by Jury by Kimberly Howlett, Ryan Howlett. (Walsh, Michael) |
| Filing 12 NOTICE of Appearance by Michael Joseph Walsh on behalf of Kimberly Howlett, Ryan Howlett (Walsh, Michael) |
| Filing 11 NOTICE of Appearance by Doreen West Amata on behalf of Kimberly Howlett, Ryan Howlett (Amata, Doreen) |
| Filing 10 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 Corporate Disclosure Statement filed by Caterpillar, Inc., #7 Order on Pretrial Deadlines, #6 Notice Pursuant to Standing Order in Removed Cases) filed by Caterpillar, Inc., #9 Standing Protective Order, #4 Notice of No Pending Motions filed by Caterpillar, Inc., #1 Notice of Removal, filed by Caterpillar, Inc., #8 Electronic Filing Order, #5 Notice of Appearance filed by Christopher B. Parkerson on behalf of Caterpillar, Inc., #2 Notice of Appearance filed by Jacob Lantry on behalf of Caterpillar, Inc. Signed by Clerk on 06/29/2020. (Attachments: #1 Removal Standing Order)(Fazekas, J.) |
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Filing 9
STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 06/26/2020.(Fazekas, J.)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 06/26/2020.(Fazekas, J.)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 8/25/2020. Discovery due by 12/26/2020. Dispositive Motions due by 1/30/2021. Signed by Clerk on 06/26/2020.(Fazekas, J.)
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| Judge Stefan R. Underhill added. (Nuzzi, Tiffany) |
| Filing 6 NOTICE by Caterpillar, Inc. Pursuant to Standing Order in Removed Cases (Lantry, Jacob) |
| Filing 5 NOTICE of Appearance by Christopher B. Parkerson on behalf of Caterpillar, Inc. (Parkerson, Christopher) |
| Filing 4 NOTICE by Caterpillar, Inc. of No Pending Motions (Lantry, Jacob) |
| Filing 3 Corporate Disclosure Statement by Caterpillar, Inc.. (Lantry, Jacob) |
| Filing 2 NOTICE of Appearance by Jacob Lantry on behalf of Caterpillar, Inc. (Lantry, Jacob) |
| Filing 1 NOTICE OF REMOVAL by Caterpillar, Inc. from J.D. of Hartford Superior Court, case number HD-CV20-6128362-S. Filing fee $ 400 receipt number ACTDC-5940536, filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A: Summons, #2 Exhibit B: Complaint, #3 Exhibit C: State of Removal, #4 Exhibit D: C.A. Cover Sheet)(Lantry, Jacob) |
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