International Construction Products LLC v. Caterpillar Inc. et al
Plaintiff: International Construction Products LLC
Defendant: Caterpillar Inc, Ziegler, Inc., Thompson Tractor Company, Inc., Caterpillar Inc., Volvo Construction Equipment North America LLC, Associated Auction Services LLC, Komatsu America Corp., Ring Power Corporation and Associated Auction Services LLC doing business as Cat Auction Services
Case Number: 1:2015cv00108
Filed: January 29, 2015
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Richard G Andrews
Referring Judge: Sherry R Fallon
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 1
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2022 Opinion or Order Filing 413 NOTICE of Withdrawal of Randall W. Bryer as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)
January 5, 2022 Opinion or Order Filing 412 Amended Stipulation and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 1/5/2022 (nms).
January 5, 2022 Opinion or Order SO ORDERED, re #412 Amended Stipulation and Proposed Scheduling Order. Signed by Judge Richard G. Andrews on 1/5/2022. (nms)
December 30, 2021 Opinion or Order Filing 411 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding order granting summary judgment in related action. (Attachments: #1 Exhibit 1)(McGivney, Peter) Modified on 1/3/2022 (nms).
December 20, 2021 Opinion or Order Filing 410 REDACTED VERSION of #397 Declaration of Paul D. Schmitt, by Komatsu America Corp.. (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, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Certificate of Service)(Biggs, Brian) Modified on 12/20/2021 (nms).
December 20, 2021 Opinion or Order Filing 409 ORAL ORDER: The parties designations do not control what may be filed under seal. The exhibits referred to in D.I. #402 and D.I. #405 are UNSEALED in their entirety. Ordered by Judge Richard G. Andrews on 12/20/2021. (nms)
December 20, 2021 Opinion or Order Filing 408 ORAL ORDER: The redacted filing (D.I. #407 ) is REJECTED because parts of it are redacted in its entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document that contains publicly available materials is prima facie evidence of bad faith. Revised redacted filings are DUE within five business days. Ordered by Judge Richard G. Andrews on 12/20/2021. (nms)
December 20, 2021 Opinion or Order Remark: The pdfs for the exhibits found at D.I. #401 and D.I. #404 have been replaced. The exhibits have been unsealed per the ruling at D.I. 409 . (nms)
December 17, 2021 Opinion or Order Filing 407 REDACTED VERSION of #397 Declaration of Paul D. Schmitt, by Komatsu America Corp.. (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, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Certificate of Service)(Biggs, Brian) Modified on 12/20/2021 (nms).
December 17, 2021 Opinion or Order Filing 406 REDACTED VERSION of #395 Opening Brief in Support, by Komatsu America Corp.. (Biggs, Brian) Modified on 12/17/2021 (nms).
December 17, 2021 Opinion or Order Filing 405 DECLARATION in Support of #404 Redacted Document, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).
December 17, 2021 Opinion or Order Filing 404 REDACTED VERSION of #396 Declaration of Adam Dec, by Caterpillar Inc.. (Attachments: #1 Exhibits 1-7)(McGivney, Peter) Modified on 12/17/2021 (nms). (Attachment 1 replaced on 12/20/2021) (nms).
December 17, 2021 Opinion or Order Filing 403 REDACTED VERSION of #393 Opening Brief in Support, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).
December 17, 2021 Opinion or Order Filing 402 DECLARATION in Support of #401 Redacted Document, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).
December 17, 2021 Opinion or Order Filing 401 REDACTED VERSION of #399 Declaration of Adam Dec, by Caterpillar Inc.. (Attachments: #1 Exhibits 1-42)(McGivney, Peter) Modified on 12/17/2021 (nms). (Additional attachment(s) added on 12/20/2021: #1 Exhibits 1-10, #2 Exhibits 11-20, #3 Exhibits 21-30, #4 Exhibits 31-42) (nms).
December 17, 2021 Opinion or Order Filing 400 REDACTED VERSION of #391 Opening Brief in Support, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).
December 13, 2021 Opinion or Order Filing 399 [SEALED] DECLARATION of Adam Dec re #391 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Exhibits 1-10, #2 Exhibits 11-20, #3 Exhibits 21-30, #4 Exhibits 31-42, #5 Certificate of Service)(Baldwin, David) Modified on 12/13/2021 (nms). (Attachment 1 replaced on 12/13/2021) (nms).
December 13, 2021 Opinion or Order CORRECTING ENTRY: The declaration and its exhibits filed as attachments to the brief at D.I. #391 have been removed from the docket. Briefs and declarations are to be filed independent of each other. (nms)
December 13, 2021 Opinion or Order CORRECTING ENTRY: The pdf for exhibits 1-10 found at D.I. #399 has been replaced with an amended version per the filer's request. Exhibit 1 and 2 have been added as they were inadvertently omitted at the original time of filing. (nms)
December 10, 2021 Opinion or Order Filing 398 Joinder of Defendant Komatsu America Corp.'s in Caterpillar Inc.'s Motion to Exclude Plaintiff's Expert Jeffrey Leitzinger - filed by Komatsu America Corp.. (Biggs, Brian) Modified on 12/13/2021 (nms).
December 10, 2021 Opinion or Order Filing 397 [SEALED] DECLARATION of Paul D. Schmitt re #395 Opening Brief in Support, by Komatsu America Corp.. (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, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Certificate of Service)(Biggs, Brian) Modified on 12/13/2021 (nms).
December 10, 2021 Opinion or Order Filing 396 [SEALED] DECLARATION of Adam Dec re #393 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Exhibits 1-7, #2 Certificate of Service)(Baldwin, David) Modified on 12/13/2021 (nms).
December 10, 2021 Opinion or Order Filing 395 [SEALED] OPENING BRIEF in Support re #394 MOTION for Summary Judgment, filed by Komatsu America Corp..Answering Brief/Response due date per Local Rules is 12/27/2021. (Attachments: #1 Certificate of Service)(Biggs, Brian) Modified on 12/10/2021 (nms).
December 10, 2021 Opinion or Order Filing 394 MOTION for Summary Judgment - filed by Komatsu America Corp.. (Attachments: #1 Proposed Order)(Biggs, Brian) Modified on 12/10/2021 (nms).
December 10, 2021 Opinion or Order Filing 393 [SEALED] OPENING BRIEF in Support re #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 12/27/2021. (Attachments: #3 Certificate of Service)(Baldwin, David) Modified on 12/10/2021 (nms).
December 10, 2021 Opinion or Order Filing 392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)Motions referred to Sherry R. Fallon.(Baldwin, David) Modified on 12/10/2021 (nms).
December 10, 2021 Opinion or Order Filing 391 [SEALED] OPENING BRIEF in Support re #390 MOTION for Summary Judgment, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 12/27/2021. (Attachments: (6) Certificate of Service)(Baldwin, David) Modified on 12/10/2021 (nms). Modified on 12/13/2021 (nms).
December 10, 2021 Opinion or Order Filing 390 MOTION for Summary Judgment - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 12/10/2021 (nms).
December 10, 2021 Opinion or Order CORRECTING ENTRY: The declaration and its exhibits filed as attachments to the brief at D.I. #393 have been removed from the docket. Briefs and declarations are to be filed independent of each other. Defendant shall refile the declaration accordingly. (nms)
December 8, 2021 Opinion or Order Filing 389 ORDER Denying Motion for Leave to File Excess Pages for Memorandum of Law in Support of its Motion to Exclude the Opinions and Testimony of Dr. Jeffrey Leitzinger (D.I. #386 ). Signed by Judge Richard G. Andrews on 12/8/2021. (nms)
December 8, 2021 Opinion or Order Filing 388 RESPONSE to #386 MOTION for Leave to File Excess Pages for Memorandum of Law in Support of its Motion to Exclude the Opinions and Testimony of Dr. Jeffrey Leitzinger, filed by International Construction Products LLC. (Attachments: #1 Proposed Order)(Stachel, Matthew) Modified on 12/8/2021 (nms).
December 8, 2021 Opinion or Order Filing 387 SO ORDERED Granting #385 Stipulation and Order Regarding Case Dispositive Motion Briefs Involving Defendant Caterpillar and Plaintiff ICP. Signed by Judge Richard G. Andrews on 12/8/2021. (nms)
December 8, 2021 Opinion or Order Filing 386 MOTION for Leave to File Excess Pages for Memorandum of Law in Support of its Motion to Exclude the Opinions and Testimony of Dr. Jeffrey Leitzinger - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order).(McGivney, Peter) Modified on 12/8/2021 (nms).
December 8, 2021 Opinion or Order Motions No Longer Referred: #386 MOTION for Leave to File Excess Pages for Memorandum of Law in Support of its Motion to Exclude the Opinions and Testimony of Dr. Jeffrey Leitzinger. (nms)
December 7, 2021 Opinion or Order Filing 385 STIPULATION and [Proposed] Order Regarding Case Dispositive Motion Briefs Involving Defendant Caterpillar And Plaintiff ICP, by Caterpillar Inc.. (Baldwin, David) Modified on 12/7/2021 (nms).
November 16, 2021 Opinion or Order Filing 384 NOTICE OF SERVICE of Expert report of Dr. Kevin Murphy on behalf of Caterpillar Inc. filed by Caterpillar Inc..(Baldwin, David)
November 16, 2021 Opinion or Order Filing 383 NOTICE OF SERVICE of Expert Report of Dr. John Johnson, IV filed by Komatsu America Corp..(Biggs, Brian)
November 8, 2021 Opinion or Order Filing 382 REDACTED VERSION of #380 Response to Order, by Caterpillar Inc.. (Attachments: #1 Exhibits A-B)(McGivney, Peter) Modified on 11/9/2021 (nms).
November 2, 2021 Opinion or Order Filing 381 NOTICE of Withdrawal of David Giller as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)
November 1, 2021 Opinion or Order Filing 380 [SEALED] RESPONSE to Oral Order (D.I. 378 ) filed by Caterpillar Inc.. (Attachments: #1 Exhibits A-B, #2 Certificate of Service)(Baldwin, David) Modified on 11/1/2021 (nms).
October 25, 2021 Opinion or Order Filing 379 REDACTED VERSION of #377 Objections, by International Construction Products LLC. (Attachments: #1 Certification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Stachel, Matthew)
October 19, 2021 Opinion or Order Remark: The Oral Order issued by Judge Fallon on October 4, 2021, has been assigned docket item number 378 . (nms)
October 18, 2021 Opinion or Order Filing 377 [SEALED] OBJECTIONS by International Construction Products LLC to Judge Fallon's Oral Order dated October 4, 2021. (Attachments: #1 Certification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Certificate of Service)(Stachel, Matthew)
October 13, 2021 Opinion or Order Filing 376 NOTICE of Withdrawal of Melissa F. Zappala as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)
October 7, 2021 Opinion or Order Filing 375 REDACTED VERSION of #369 Letter, by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Baldwin, David)
October 7, 2021 Opinion or Order Filing 374 REDACTED VERSION of #368 Letter, by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Stachel, Matthew)
October 4, 2021 Opinion or Order Filing 373 ORAL ORDER: The redacted filing (D.I. #372 ) is REJECTED because parts of it are redacted in its entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document that contains publicly available materials is prima facie evidence of bad faith. Revised redacted filings are DUE within five business days. Ordered by Judge Richard G. Andrews on 10/4/2021. (nms)
October 4, 2021 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #368 . (nms)
October 4, 2021 Opinion or Order ORAL ORDER re #369 Letter, #368 Letter: IT IS HEREBY ORDERED that Plaintiff's request to compel the production of a privilege log is DENIED. Upon review of the parties' letter submissions and the associated exhibits, the Court finds that Defendant complied with the July 12, 2021 Order. (D.I. 368 at 4); see British Telecommcns PLC v. IAC/Interactivecorp, C.A. No. 18-366-WCB, 2020 WL 1043974, at *7 (D. Del. Mar. 4, 2020). Compelling the creation of a privilege log recording documents responsive to Request for Production No. 23 would be inconsistent with the parties' March 31, 2017 ESI stipulation (D.I. 110 at ¶ 7) and ¶ 1(d)(ii) of the District of Delaware's Default Standard for Discovery of ESI. IT IS FURTHER ORDERED that Defendant's request for an award of costs is DENIED because the Court's July 12, 2021 ruling was made without prejudice. Consistent with the foregoing rulings, IT IS ORDERED that the discovery dispute teleconference set in this matter for October 8, 2021 at 2:00 p.m. is CANCELLED. Signed by Judge Sherry R. Fallon on 10/4/2021. (Polito, Rebecca)
October 1, 2021 Opinion or Order Filing 372 REDACTED VERSION of #369 Letter by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(McGivney, Peter) Modified on 10/1/2021 (lih).
October 1, 2021 Opinion or Order CORRECTING ENTRY: The redacted document filed at D.I. 372 on 10/1/2021, has been removed from the docket per the filers request. An amended version of the redacted document will be refiled. (nms)
September 29, 2021 Opinion or Order Filing 371 NOTICE to Take Deposition of Plaintiff's Expert Dr. Jeffrey Leitzinger on October 20, 2021 at 10:00 a.m., or at a date and time agreed upon by the parties and the witness filed by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(McGivney, Peter)
September 28, 2021 Opinion or Order Filing 370 Joint Letter to The Honorable Sherry R. Fallon from Matthew D. Stachel regarding Joint Request to Reschedule Telephonic Discovery Conference. (Stachel, Matthew)
September 28, 2021 Opinion or Order ORAL ORDER- granting #370 Letter request to reschedule discovery dispute teleconference. IT IS HEREBY ORDERED that the discovery dispute teleconference previously set in this matter for 9/29/2021 is RESCHEDULED to 10/8/2021 at 2:00 PM before Judge Sherry R. Fallon. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Sherry R. Fallon on 9/28/2021. (lih)
September 24, 2021 Opinion or Order Filing 369 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding Defendant Caterpillar Inc.'s response to Plaintiff's September 23, 2021 (D.I. #368 ). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Baldwin, David) Modified on 9/27/2021 (nms).
September 23, 2021 Opinion or Order Filing 368 [SEALED] Letter to the Honorable Sherry R. Fallon from Matthew D. Stachel regarding Production of Privilege Log. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Certificate of Service)(Stachel, Matthew)
September 16, 2021 Opinion or Order Filing 367 NOTICE of Withdrawal of Jonathan H. Kim as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)
September 15, 2021 Opinion or Order Filing 366 NOTICE OF SERVICE of Federal Rule 26(a)(2) disclosure of expert testimony and the Expert Report of Jeffrey Leitzinger, Ph.D. filed by International Construction Products LLC.(Stachel, Matthew)
August 20, 2021 Opinion or Order Filing 365 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by International Construction Products LLC. Motions referred to Sherry R. Fallon.(Stachel, Matthew)
August 20, 2021 Opinion or Order SO ORDERED- re #365 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 9/29/2021 at 11:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 9/23/2021, Responsive submission due by no later than 11:00 AM on 9/24/2021). Signed by Judge Sherry R. Fallon on 8/20/2021. (lih)
August 4, 2021 Opinion or Order SO ORDERED, re #364 Amended Stipulation and Proposed Scheduling Order. Signed by Judge Richard G. Andrews on 8/4/2021. (nms)
August 3, 2021 Opinion or Order Filing 364 Amended Stipulation and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 8/3/2021 (nms).
July 15, 2021 Opinion or Order Filing 363 REDACTED VERSION of #359 Letter by Caterpillar Inc.. (Baldwin, David)
July 15, 2021 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #359 . (lih)
July 14, 2021 Opinion or Order Filing 362 REDACTED VERSION of #358 Letter, by International Construction Products LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Stachel, Matthew)
July 14, 2021 Opinion or Order CORRECTING ENTRY: The redacted version of D.I. #358 has been deleted per the request of the filer. (lih)
July 12, 2021 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 7/12/2021. (Court Reporter Deanna Warner.) (lih)
July 12, 2021 Opinion or Order ORAL ORDER- re #349 JOINT Motion for Teleconference to Resolve Discovery Dispute. The transcript of the discovery dispute teleconference held on 7/12/2021 shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 7/12/2021. (lih)
July 8, 2021 Opinion or Order Filing 361 NOTICE of Appearance by Peter C. McGivney on behalf of Caterpillar Inc. (McGivney, Peter)
July 8, 2021 Opinion or Order CORRECTING ENTRY: D.I. #360 has been replaced with a revised version of the document to include a caption page. (lih)
July 7, 2021 Opinion or Order Filing 360 EXHIBIT re #359 Letter by Caterpillar Inc.. (McGivney, Peter)
July 7, 2021 Opinion or Order Filing 359 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., responding to Letter (D.I. #358 ). (Attachments: #1 Proposed Order, #2 Certificate of Service)(McGivney, Peter) Modified on 7/8/2021 (lih).
July 7, 2021 Opinion or Order Filing 358 [SEALED] Letter to The Honorable Sherry R. Fallon from Matthew D. Stachel regarding Motion for Rule 30(b)(6) Deposition. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Certificate of Service)(Stachel, Matthew)
June 25, 2021 Opinion or Order Filing 357 NOTICE OF SERVICE of Plaintiff's Notices of Subpoena filed by International Construction Products LLC.(Stachel, Matthew)
June 24, 2021 Opinion or Order Filing 356 NOTICE OF SERVICE of Responses and Objections to Caterpillar Inc.'s First Set of Interrogatories (Nos 1-3) and First Set of Requests for Admission (Nos. 1 & 2) filed by International Construction Products LLC.(Stachel, Matthew)
June 24, 2021 Opinion or Order Filing 355 MOTION for Pro Hac Vice Appearance of Attorney Danielle Morello, Esq - filed by Caterpillar Inc.. (Baldwin, David)
June 24, 2021 Opinion or Order Filing 354 NOTICE OF SERVICE of Plaintiff's Notice of Deposition and Notice of Subpoena to Kent Adams filed by International Construction Products LLC.(Stachel, Matthew)
June 24, 2021 Opinion or Order SO ORDERED, re #355 MOTION for Pro Hac Vice Appearance of Attorney Danielle Morello, Esq., filed by Caterpillar Inc.. Signed by Judge Richard G. Andrews on 6/24/2021. (nms)
June 23, 2021 Opinion or Order Filing 353 MOTION for Pro Hac Vice Appearance of Attorney Adam Dec, Esquire - filed by Caterpillar Inc.. (Baldwin, David)
June 23, 2021 Opinion or Order SO ORDERED, re #353 MOTION for Pro Hac Vice Appearance of Attorney Adam Dec, Esq., filed by Caterpillar Inc.. Signed by Judge Richard G. Andrews on 6/23/2021. (nms)
June 22, 2021 Opinion or Order Filing 352 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Notice of Rule 30(b)(6) Deposition and Notice of Subpoena to IronPlanet, Inc. filed by International Construction Products LLC.(Stachel, Matthew)
June 21, 2021 Opinion or Order Filing 351 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Objections and Responses to Caterpillar Inc.'s Second Set of Requests for Production of Documents filed by International Construction Products LLC.(Stachel, Matthew)
June 21, 2021 Opinion or Order Filing 350 MOTION for Pro Hac Vice Appearance of Attorney Randall W. Bryer - filed by International Construction Products LLC. (Stachel, Matthew)
June 21, 2021 Opinion or Order SO ORDERED, re #350 MOTION for Pro Hac Vice Appearance of Attorney Randall W. Bryer, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 6/21/2021. (nms)
June 17, 2021 Opinion or Order SO ORDERED- re #349 JOINT Motion for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 7/12/2021 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 10:00 AM on 7/7/2021, Responsive submission due by no later than 10:00 AM on 7/8/2021). Signed by Judge Sherry R. Fallon on 6/17/2021. (lih)
June 16, 2021 Opinion or Order Filing 349 JOINT Motion for Teleconference to Resolve Discovery Dispute - filed by International Construction Products LLC. Motions referred to Sherry R. Fallon.(Stachel, Matthew) Modified on 6/17/2021 (nms).
June 15, 2021 Opinion or Order Filing 348 NOTICE OF SERVICE of Defendants' Counter-Notice of Deposition and Notice of Subpoena upon Jeffrey Barca-Hall, Douglas Feick, Jeffrey Jeter, Franklin Langham, George Massey, Gregory Owens, and Robert Winnette, filed by Caterpillar Inc..(Baldwin, David) Modified on 6/16/2021 (nms).
June 15, 2021 Opinion or Order Filing 347 NOTICE to Take Deposition of Robert Winnette on July 1, 2021 at 9:00 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 15, 2021 Opinion or Order Filing 346 NOTICE to Take Deposition of Gregory Owens on June 28, 2021 at 9:00 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 15, 2021 Opinion or Order Filing 345 NOTICE to Take Deposition of George Massey on June 30, 2021 at 9:00 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 15, 2021 Opinion or Order Filing 344 NOTICE to Take Deposition of Franklin Langham on June 24, 2021 at 9:00 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 15, 2021 Opinion or Order Filing 343 NOTICE to Take Deposition of Jeffrey Jeter on June 25, 2021 at 9:00 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 15, 2021 Opinion or Order Filing 342 NOTICE to Take Deposition of Douglas Feick on June 23, 2021 at 9:00 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 15, 2021 Opinion or Order Filing 341 NOTICE to Take Deposition of Jeffrey Barca-Hall on June 28, 2021 at 9:00 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 11, 2021 Opinion or Order Filing 340 NOTICE OF SERVICE of Notice of Depositions of Caterpillar Employees filed by International Construction Products LLC.(Stachel, Matthew)
June 10, 2021 Opinion or Order Filing 339 NOTICE OF SERVICE of Notices of Deposition and Notices of Subpoenas filed by International Construction Products LLC.(Stachel, Matthew)
June 9, 2021 Opinion or Order Filing 338 NOTICE OF SERVICE of Rule 30(b)(6) Notices filed by International Construction Products LLC.(Stachel, Matthew)
June 9, 2021 Opinion or Order Filing 337 NOTICE OF SERVICE of Rule 30(b)(1) Notices filed by International Construction Products LLC.(Stachel, Matthew)
June 1, 2021 Opinion or Order Filing 336 SO ORDERED Granting #335 Joint Stipulation and Proposed Order Concerning the Protocol for Conducting Remote Depositions. Signed by Judge Richard G. Andrews on 6/1/2021. (nms)
May 28, 2021 Opinion or Order Filing 335 Joint Stipulation and Proposed Order Concerning the Protocol for Conducting Remote Depositions, by International Construction Products LLC. (Stachel, Matthew) Modified on 5/28/2021 (nms).
April 22, 2021 Opinion or Order Filing 334 NOTICE OF SERVICE of Komatsu's Objections and Responses to Plaintiff's Third Set of Interrogatories filed by Komatsu America Corp..(Biggs, Brian)
April 13, 2021 Opinion or Order Filing 333 NOTICE OF SERVICE of Plaintiff's Notice of Subpoena to Non-Party RCLEC, Inc. filed by International Construction Products LLC.(Stachel, Matthew)
April 9, 2021 Opinion or Order Filing 332 NOTICE OF SERVICE of Subpoena to Non-Party Verizon, filed by International Construction Products LLC.(Stachel, Matthew) Modified on 4/13/2021 (nms).
March 31, 2021 Opinion or Order Filing 331 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Third Set of Interrogatories to Defendant Caterpillar Inc. filed by International Construction Products LLC.(Stachel, Matthew)
March 29, 2021 Opinion or Order Filing 330 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Notice of Rule 30(b)(6) Deposition to Caterpillar Inc. filed by International Construction Products LLC.(Stachel, Matthew)
March 25, 2021 Opinion or Order Filing 329 SO ORDERED Granting #328 Stipulation and Proposed Scheduling Order (*Reset Deadlines: Fact Discovery for Phase I completed by 7/19/2021; Dispositive Motions for Phase I due by 12/10/2021; A Pretrial Conference is set for 5/23/2023, at 9:00 AM in Courtroom 6A) (see Order for further details). Signed by Judge Richard G. Andrews on 3/25/2021. (nms)
March 25, 2021 Opinion or Order Filing 328 STIPULATION and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 3/25/2021 (nms).
March 22, 2021 Opinion or Order Filing 327 NOTICE of Service of International Construction Products LLC's Third Set of Interrogatories to Defendant Kamatsu America Corp. by International Construction Products LLC (Stachel, Matthew)
March 17, 2021 Opinion or Order Filing 326 NOTICE of Service of International Construction Products LLC's Third Request for the Production of Documents by International Construction Products LLC (Stachel, Matthew)
March 16, 2021 Opinion or Order Filing 325 MOTION for Pro Hac Vice Appearance of Attorney David E. Cole - filed by International Construction Products LLC. (Stachel, Matthew)
March 16, 2021 Opinion or Order Filing 324 ORAL ORDER: The MOTION for Pro Hac Vice Appearance of Attorney David E. Cole (D.I. #323 ) is DENIED with leave to renew. The certification by counsel needs to include status on the payment of the fee. Ordered by Judge Richard G. Andrews on 3/16/2021. (nms)
March 16, 2021 Opinion or Order Filing 323 MOTION for Pro Hac Vice Appearance of Attorney David E. Cole - filed by International Construction Products LLC. (Stachel, Matthew)
March 16, 2021 Opinion or Order SO ORDERED, re #325 MOTION for Pro Hac Vice Appearance of Attorney David E. Cole, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 3/16/2021. (nms)
February 24, 2021 Opinion or Order Filing 322 Official Transcript of Teleconference held on 2/18/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (Triozzi, Heather)
February 18, 2021 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Telephone Scheduling Conference held on 2/18/2021. Counsel for Plaintiff: M. Stachel. Counsel for Defendant: D. Baldwin. The parties shall submit a proposed scheduling order. (Court Reporter Heather Triozzi.) (lak)
February 11, 2021 Opinion or Order Filing 321 Letter to The Honorable Richard G. Andrews from Matthew D. Stachel regarding dial-in information for the 2/18/2021 telephone scheduling conference. (Stachel, Matthew)
January 25, 2021 Opinion or Order Filing 320 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., enclosing scheduling order in related case, which phases discovery. (Attachments: #1 Exhibit)(Baldwin, David) Modified on 1/26/2021 (nms).
January 25, 2021 Opinion or Order Filing 319 NOTICE of Withdrawal of the Appearance of Scott Keller, by Caterpillar Inc.. (Baldwin, David) Modified on 1/25/2021 (nms).
January 25, 2021 Opinion or Order Filing 318 NOTICE requesting Clerk to remove David Boies, James P. Denvir, Jonathan Shaw, Michael Mitchell and William Bloom of Boies Schiller Flexner LLP as co-counsel.. (Hoeschen, Nathan)
January 21, 2021 Opinion or Order Filing 317 ORAL ORDER: A telephone scheduling conference is now set for 2/18/2021, at 3:30 PM. Plaintiff's local counsel shall coordinate the dial-in information for the call, and file a letter on the docket with such information no later than 2/11/2021. Ordered by Judge Richard G. Andrews on 1/21/2021. (nms)
January 19, 2021 Opinion or Order Filing 316 Joint Proposed Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 1/20/2021 (nms).
January 11, 2021 Opinion or Order SO ORDERED, re #315 STIPULATION and Proposed Order to Extend Time to submit proposed scheduling order to 1/19/2021. Signed by Judge Richard G. Andrews on 1/11/2021. (nms)
January 8, 2021 Opinion or Order Filing 315 STIPULATION and Proposed Order to Extend Time - filed by International Construction Products LLC. (Stachel, Matthew) Modified on 1/11/2021 (nms).
January 8, 2021 Opinion or Order Filing 314 MOTION for Pro Hac Vice Appearance of Attorney Jonathan H. Kim - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021 Opinion or Order Filing 313 MOTION for Pro Hac Vice Appearance of Attorney David Giller - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021 Opinion or Order Filing 312 MOTION for Pro Hac Vice Appearance of Attorney Melissa F. Zappala - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021 Opinion or Order Filing 311 MOTION for Pro Hac Vice Appearance of Attorney Amy J. Mauser - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021 Opinion or Order Filing 310 MOTION for Pro Hac Vice Appearance of Attorney William A. Isaacson - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021 Opinion or Order Filing 309 NOTICE of Appearance by Matthew D. Stachel on behalf of International Construction Products LLC (Stachel, Matthew)
January 8, 2021 Opinion or Order Filing 308 NOTICE of Appearance by Daniel Alan Mason on behalf of International Construction Products LLC (Mason, Daniel)
January 8, 2021 Opinion or Order SO ORDERED, re #310 MOTION for Pro Hac Vice Appearance of Attorney William A. Isaacson, #314 MOTION for Pro Hac Vice Appearance of Attorney Jonathan H. Kim, #311 MOTION for Pro Hac Vice Appearance of Attorney Amy J. Mauser, #313 MOTION for Pro Hac Vice Appearance of Attorney David Giller, and #312 MOTION for Pro Hac Vice Appearance of Attorney Melissa F. Zappala filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 1/8/2021. (nms)
December 11, 2020 Opinion or Order Filing 307 STIPULATION TO EXTEND TIME for the parties to submit their proposed joint scheduling order to January 11, 2021 - filed by International Construction Products LLC. (Hoeschen, Nathan)
December 11, 2020 Opinion or Order SO ORDERED, re #307 STIPULATION and Proposed Order to Extend Time to submit their proposed joint scheduling order to January 11, 2021. Signed by Judge Richard G. Andrews on 12/11/2020. (nms)
October 22, 2020 Opinion or Order Filing 306 ORAL ORDER: The request to submit a joint schedule within 28 days of the Florida court's ruling, or by December 15, 2020, whichever is earlier (D.I. #305 ) is GRANTED. Ordered by Judge Richard G. Andrews on 10/22/2020. (nms)
October 21, 2020 Opinion or Order Filing 305 Letter to The Honorable Richard G. Andrews from Nathan R. Hoeschen. (Attachments: #1 Exhibit A)(Hoeschen, Nathan)
September 16, 2020 Opinion or Order Filing 304 NOTICE requesting Clerk to remove Amy J. Mauser as co-counsel. Reason for request: no longer associated with firm. (Hoeschen, Nathan)
September 1, 2020 Opinion or Order Filing 303 NOTICE of Withdraw of Appearance of Denise S. Kraft by Komatsu America Corp. (Biggs, Brian)
August 26, 2020 Opinion or Order Filing 302 DECLARATION of Chris Schafer re #301 Response, by Komatsu America Corp.. (Biggs, Brian) Modified on 8/26/2020 (nms).
August 26, 2020 Opinion or Order Filing 301 RESPONSE to #298 Order, filed by Komatsu America Corp.'s. (Biggs, Brian) Modified on 8/26/2020 (nms).
August 26, 2020 Opinion or Order REMARK: Case transferred from Delaware has been opened in Northern District of Florida as case 5:20-cv-00226. (sam) Modified on 8/26/2020 (nms).
August 24, 2020 Opinion or Order Filing 300 AMENDED ANSWER to #246 Amended Complaint by Komatsu America Corp.. (Biggs, Brian)
August 24, 2020 Opinion or Order The claims against Defendants Ring Power Corporation, Thomas Tractor Company Inc., and Ziegler, Inc. are transferred to the United States District Court for the Northern District of Florida. (nms)
August 21, 2020 Opinion or Order Filing 299 ANSWER to #246 Third Amended Complaint and Affirmative Defenses, by Caterpillar Inc..(Baldwin, David) Modified on 8/21/2020 (nms).
August 12, 2020 Opinion or Order Filing 298 SHOW CAUSE ORDER: Any party objecting to the unsealing in full of any of the above-listed pleadings shall SHOW CAUSE by August 26, 2020, why the specified pleadings should not be unsealed, and, further, should any party argue that one or more documents should not be unsealed, the party shall submit as an exhibit its proposed redactions in a yellow highlighted format so that the Court can easily see any proposed redactions before it rules on them. Signed by Judge Richard G. Andrews on 8/12/2020. (lak) Modified on 8/13/2020 (nms).
August 11, 2020 Opinion or Order Filing 297 ORDER: The Motion to Strike Allegations in the Third Amended Complaint (D.I. #257 ) is GRANTED. Signed by Judge Richard G. Andrews on 8/11/2020. (lak) Modified on 8/11/2020 (nms).
August 11, 2020 Opinion or Order Filing 296 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/11/2020. (lak)
August 10, 2020 Opinion or Order Filing 295 ORDER: Motion for Reargument (D.I. #242 ) is GRANTED. The claims against Defendants Ring Power Corporation, Thompson Tractor Company, Inc., and Ziegler Inc. are TRANSFERRED to the United States District Court for the Northern District of Florida. Plaintiffs' Motion to Transfer pursuant to 28 U.S.C. 1404(a) (D.I. #244 ) is DISMISSED in part as moot, and otherwise DENIED. Signed by Judge Richard G. Andrews on 8/10/2020. (lak) Modified on 8/10/2020 (nms).
August 10, 2020 Opinion or Order Filing 294 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/10/2020. (lak)
August 10, 2020 Opinion or Order Filing 293 ORDER: The motion to dismiss (D.I. #259 ) is GRANTED. The state law claims asserted against Associated Auction Services are DISMISSED WITH PREJUDICE. The motions to dismiss (D.I. #261 ; D.I. #265 ) are GRANTED IN PART and DENIED IN PART. The claims asserted against Caterpillar and Komatsu for tortious interference with prospective business relations, civil conspiracy, and aiding and abetting are DISMISSED WITH PREJUDICE. Signed by Judge Richard G. Andrews on 8/10/2020. (lak) Modified on 8/17/2020 (nms).
August 10, 2020 Opinion or Order Filing 292 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/10/2020. (lak)
May 14, 2020 Opinion or Order Filing 291 NOTICE requesting Clerk to remove Christopher Renner as co-counsel. Reason for request: no longer associated with Boies Schiller Flexner LLP. (Hoeschen, Nathan)
January 29, 2020 Opinion or Order Filing 290 NOTICE of Change of Address for Baker Botts LLP, Washington, D.C. by Caterpillar Inc.. (Baldwin, David) Modified on 1/30/2020 (nms).
January 29, 2020 Opinion or Order Filing 289 NOTICE requesting Clerk to remove Ashley Eickhof as co-counsel. Reason for request: changing law firms. (Baldwin, David)
January 3, 2020 Opinion or Order Filing 288 NOTICE of Change of Law Firm Name by Associated Auction Services LLC, Ziegler, Inc. (Gallagher, Henry)
December 16, 2019 Opinion or Order Filing 287 REQUEST for Oral Argument by Caterpillar Inc. re #261 MOTION to Partially Dismiss. (Baldwin, David)
December 13, 2019 Opinion or Order Filing 286 NOTICE of Appearance by Erin E. Larson on behalf of Komatsu America Corp. (Larson, Erin)
December 12, 2019 Opinion or Order Filing 285 REDACTED VERSION of #281 Reply Brief, by Caterpillar Inc.. (Baldwin, David) Modified on 12/13/2019 (nms).
December 11, 2019 Opinion or Order Filing 284 REQUEST for Oral Argument by Komatsu America Corp. re #265 MOTION to Dismiss Based upon failure to state a claim MOTION to Dismiss for Failure to State a Claim . (Kraft, Denise)
December 9, 2019 Opinion or Order Filing 283 REDACTED VERSION of #276 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Exhibit A)(Hoeschen, Nathan)
December 9, 2019 Opinion or Order Filing 282 REPLY BRIEF re #257 MOTION to Strike Allegations in the Third Amended Complaint filed by Caterpillar Inc.. (Baldwin, David)
December 9, 2019 Opinion or Order Filing 281 [SEALED] REPLY BRIEF re #261 MOTION to Partially Dismiss filed by Caterpillar Inc.. (Baldwin, David)
December 9, 2019 Opinion or Order Filing 280 REPLY BRIEF re #265 MOTION to Dismiss, filed by Komatsu America Corp.. (Kraft, Denise) Modified on 12/10/2019 (nms).
December 9, 2019 Opinion or Order Filing 279 REPLY BRIEF re #259 MOTION to Dismiss the Third Amended Complaint, filed by Associated Auction Services LLC. (Gallagher, Henry) Modified on 12/10/2019 (nms).
December 9, 2019 Opinion or Order Attorney address updated per D.I. #278 . (amf)
December 6, 2019 Opinion or Order Filing 278 NOTICE of Change of Address by David J. Baldwin (Baldwin, David)
December 2, 2019 Opinion or Order Filing 277 ANSWERING BRIEF in Opposition re #257 MOTION to Strike Allegations in the Third Amended Complaint filed by International Construction Products LLC.Reply Brief due date per Local Rules is 12/9/2019. (Hoeschen, Nathan)
December 2, 2019 Opinion or Order Filing 276 [SEALED] ANSWERING BRIEF in Opposition re #265 MOTION to Dismiss, #261 MOTION to Partially Dismiss, and #259 MOTION to Dismiss, filed by International Construction Products LLC.Reply Brief due date per Local Rules is 12/9/2019. (Attachments: #1 Exhibit A)(Hoeschen, Nathan) Modified on 12/3/2019 (nms).
November 21, 2019 Opinion or Order Filing 275 REDACTED VERSION of #264 Answer to Amended Complaint by Caterpillar Inc.. (Baldwin, David)
November 21, 2019 Opinion or Order Filing 274 REDACTED VERSION of #262 Opening Brief in Support by Caterpillar Inc.. (Baldwin, David)
November 21, 2019 Opinion or Order Filing 273 REDACTED VERSION of #258 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Exhibit A)(Baldwin, David)
November 21, 2019 Opinion or Order Filing 272 REQUEST for Oral Argument by Komatsu America Corp. re #244 Conditional MOTION to Transfer Case to Northern District of Florida, #242 MOTION for Partial Reargument. (Kraft, Denise)
November 21, 2019 Opinion or Order Filing 271 REQUEST for Oral Argument by International Construction Products LLC re #244 Conditional MOTION to Transfer Case to Northern District of Florida. (Hoeschen, Nathan)
November 20, 2019 Opinion or Order Filing 270 REDACTED VERSION of #266 Opening Brief in Support, by Komatsu America Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Kraft, Denise) Modified on 11/20/2019 (nms).
November 15, 2019 Opinion or Order Filing 269 NOTICE of Demand for Trial by Jury, by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 11/18/2019 (nms).
November 15, 2019 Opinion or Order Filing 268 NOTICE OF SERVICE of Sealed Opening Brief in Support (D.I. #266 ), filed by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 11/15/2019 (nms).
November 14, 2019 Opinion or Order Filing 267 ANSWER to #246 Amended Complaint, by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 11/15/2019 (nms).
November 14, 2019 Opinion or Order Filing 266 [SEALED] OPENING BRIEF in Support re #265 MOTION to Dismiss State Law Claims, filed by Komatsu America Corp..Answering Brief/Response due date per Local Rules is 12/2/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Kraft, Denise) Modified on 11/15/2019 (nms).
November 14, 2019 Opinion or Order Filing 265 MOTION to Dismiss State Law Claims - filed by Komatsu America Corp.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Kraft, Denise) Modified on 11/15/2019 (nms).
November 14, 2019 Opinion or Order Filing 264 [SEALED] ANSWER to #246 Amended Complaint with Jury Demand, by Caterpillar Inc..(Baldwin, David) Modified on 11/14/2019 (nms).
November 14, 2019 Opinion or Order Filing 263 REPLY BRIEF re #244 Conditional MOTION to Transfer Case to Northern District of Florida filed by International Construction Products LLC. (Hoeschen, Nathan)
November 14, 2019 Opinion or Order Filing 262 [SEALED] OPENING BRIEF in Support re #261 MOTION to Partially Dismiss, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 12/2/2019. (Baldwin, David) Modified on 11/15/2019 (nms).
November 14, 2019 Opinion or Order Filing 261 MOTION to Partially Dismiss - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 11/15/2019 (nms).
November 14, 2019 Opinion or Order Filing 260 OPENING BRIEF in Support re #259 MOTION to Dismiss, filed by Associated Auction Services LLC.Answering Brief/Response due date per Local Rules is 12/2/2019. (Gallagher, Henry) Modified on 11/15/2019 (nms).
November 14, 2019 Opinion or Order Filing 259 MOTION to Dismiss - filed by Associated Auction Services LLC. (Attachments: #1 Proposed Order)(Gallagher, Henry) Modified on 11/15/2019 (nms).
November 14, 2019 Opinion or Order Filing 258 [SEALED] OPENING BRIEF in Support re #257 MOTION to Strike Allegations in the Third Amended Complaint filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 12/2/2019. (Attachments: #1 Exhibit A)(Baldwin, David)
November 14, 2019 Opinion or Order Filing 257 MOTION to Strike Allegations in the Third Amended Complaint - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 11/14/2019 (nms).
November 13, 2019 Opinion or Order Filing 256 REDACTED VERSION of #252 Answering Brief in Opposition, by Caterpillar Inc.. (Baldwin, David) Modified on 11/13/2019 (nms).
November 12, 2019 Opinion or Order Filing 255 MOTION for Pro Hac Vice Appearance of Attorney Scott Keller - filed by Caterpillar Inc.. (Baldwin, David)
November 12, 2019 Opinion or Order SO ORDERED, re #255 MOTION for Pro Hac Vice Appearance of Attorney Scott Keller, filed by Caterpillar Inc.. Signed by Judge Richard G. Andrews on 11/12/2019. (nms)
November 8, 2019 Opinion or Order Filing 254 JOINDER re #249 Answering Brief in Opposition, by Ziegler, Inc., . (Gallagher, Henry) Modified on 11/8/2019 (nms).
November 8, 2019 Opinion or Order CORRECTING ENTRY: The pdf for the brief found at D.I. #249 has been replaced with an amended version. All reference to the Ziegler, Inc. defendant has been removed as that defendant filed its own brief at D.I. #251 . The NEF for D.I. #249 has been regenerated. (nms)
November 7, 2019 Opinion or Order Filing 253 ANSWERING BRIEF in Opposition re #244 Conditional MOTION to Transfer Case to Northern District of Florida filed by Komatsu America Corp..Reply Brief due date per Local Rules is 11/14/2019. (Attachments: #1 Certificate of Service)(Kraft, Denise)
November 7, 2019 Opinion or Order Filing 252 [SEALED] ANSWERING BRIEF in Opposition re #244 Conditional MOTION to Transfer Case to Northern District of Florida filed by Caterpillar Inc..Reply Brief due date per Local Rules is 11/14/2019. (Baldwin, David)
November 7, 2019 Opinion or Order Filing 251 ANSWERING BRIEF in Opposition re #242 MOTION for Partial Reargument filed by Ziegler, Inc..Reply Brief due date per Local Rules is 11/14/2019. (Gallagher, Henry)
November 7, 2019 Opinion or Order Filing 250 ANSWERING BRIEF in Opposition re #244 Conditional MOTION to Transfer Case to Northern District of Florida filed by Associated Auction Services LLC.Reply Brief due date per Local Rules is 11/14/2019. (Gallagher, Henry)
November 7, 2019 Opinion or Order Filing 249 ANSWERING BRIEF in Opposition re #242 MOTION for Partial Reargument, filed by Dealer Defendants. Reply Brief due date per Local Rules is 11/14/2019. (Attachments: #1 Certificate of Service)(Levine, James Harry) Modified on 11/7/2019 (nms). (Main Document 249 replaced on 11/8/2019) (nms).
October 25, 2019 Opinion or Order Filing 248 REDACTED VERSION of #246 Third Amended Complaint, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 10/28/2019 (nms).
October 25, 2019 Opinion or Order Filing 247 REDACTED VERSION of #243 Opening Brief in Support, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 10/28/2019 (nms).
October 24, 2019 Opinion or Order Filing 246 [SEALED] Third AMENDED COMPLAINT against Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp.- filed by International Construction Products LLC.(Hoeschen, Nathan)
October 24, 2019 Opinion or Order Filing 245 OPENING BRIEF in Support re #244 Conditional MOTION to Transfer Case to Northern District of Florida, filed by International Construction Products LLC.Answering Brief/Response due date per Local Rules is 11/7/2019. (Hoeschen, Nathan) Modified on 10/25/2019 (nms).
October 24, 2019 Opinion or Order Filing 244 Conditional MOTION to Transfer Case to Northern District of Florida - filed by International Construction Products LLC. (Hoeschen, Nathan) Modified on 10/25/2019 (nms).
October 24, 2019 Opinion or Order Filing 243 [SEALED] OPENING BRIEF in Support re #242 MOTION for Partial Reargument, filed by International Construction Products LLC.Answering Brief/Response due date per Local Rules is 11/7/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hoeschen, Nathan) Modified on 10/25/2019 (nms).
October 24, 2019 Opinion or Order Filing 242 MOTION for Partial Reargument - filed by International Construction Products LLC. (Hoeschen, Nathan) Modified on 10/25/2019 (nms).
October 17, 2019 Opinion or Order Filing 241 NOTICE requesting Clerk to remove Aaron Stein Rabinowitz as co-counsel. Reason for request: Leaving firm. (Baldwin, David)
October 15, 2019 Opinion or Order Filing 240 SO ORDERED Granting #239 STIPULATION and Proposed Order. Signed by Judge Richard G. Andrews on 10/15/2019. (nms)
October 11, 2019 Opinion or Order Filing 239 STIPULATION and Proposed Order - filed by Caterpillar Inc.. (Baldwin, David) Modified on 10/15/2019 (nms).
October 10, 2019 Opinion or Order Filing 238 MEMORANDUM OPINION regarding Motions to Dismiss. An appropriate order was entered on September 30, 2019 (D.I. #237 ). Signed by Judge Richard G. Andrews on 10/10/2019. (nms)
September 30, 2019 Opinion or Order Filing 237 ORDER: The motions to dismiss (D.I. #182 ; D.I. #183 ; D.I. #188 ) are GRANTED. The motion to dismiss (D.I. #191 ) is GRANTED. The motions to dismiss (D.I. #180 ; D.I. #190 ; D.I. #194 ) are GRANTED-IN-PART and DENIED-IN-PART. Plaintiff is permitted twenty-one days from the date of the issuance of the Memorandum Opinion to file an amended complaint property reasserting the state law claims (see Order for further details) (*Memorandum Opinion to be issued). Signed by Judge Richard G. Andrews on 9/30/2019. (nms)
September 30, 2019 Opinion or Order Pro Hac Vice Attorneys Paul C. Cuomo and Heather S. Choi for Caterpillar Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
September 27, 2019 Opinion or Order Pro Hac Vice Attorney Ashley Eickhof for Caterpillar Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
September 26, 2019 Opinion or Order Pro Hac Vice Attorney Joseph A. Ostoyich for Caterpillar Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
September 19, 2019 Opinion or Order Filing 236 MOTION for Pro Hac Vice Appearance of Attorney Joseph A. Ostoyich, Paul C. Cuomo, Heather S. Choi, Aaron S. Rabinowitz, and Ashley Eickhof - filed by Caterpillar Inc.. (Baldwin, David)
September 19, 2019 Opinion or Order SO ORDERED, re #236 MOTION for Pro Hac Vice Appearance of Attorney Joseph A. Ostoyich, Paul C. Cuomo, Heather S. Choi, Aaron S. Rabinowitz, and Ashley Eickhof, filed by Caterpillar Inc.. Signed by Judge Richard G. Andrews on 9/19/2019. (nms)
September 19, 2019 Opinion or Order Pro Hac Vice Attorney Aaron S. Rabinowitz for Caterpillar Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak)
September 6, 2019 Opinion or Order Filing 235 Revised NOTICE of Subpoena to Rick Albin, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 9/6/2019 (nms).
September 6, 2019 Opinion or Order Filing 234 Revised NOTICE of Subpoena to Gary Trettel, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 9/6/2019 (nms).
August 21, 2019 Opinion or Order Filing 233 NOTICE of Subpoena to Gary Trettel, by International Construction Products LLC. (Attachments: #1 Exhibit 1)(Hoeschen, Nathan) Modified on 8/22/2019 (nms).
August 21, 2019 Opinion or Order Filing 232 NOTICE of Subpoena to Rick Albin, by International Construction Products LLC. (Attachments: #1 Exhibit 1)(Hoeschen, Nathan) Modified on 8/22/2019 (nms).
August 15, 2019 Opinion or Order Filing 231 NOTICE of the law firm of Baker & Hostetler LLP and its attorneys withdrawing their appearance and counsel Joseph A. Ostoyich, Paul C. Cuomo, Heather S. Choi, Aaron S. Rabinowitz, and Ashley B. Eickhof of Baker Botts L.L.P hereby entering their appearance by Caterpillar Inc. (Baldwin, David)
August 13, 2019 Opinion or Order Filing 230 NOTICE of Subpoena on Kent Adams by International Construction Products LLC (Hoeschen, Nathan)
August 6, 2019 Opinion or Order Pro Hac Vice Attorney Paul Schmitt for Komatsu America Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
August 5, 2019 Opinion or Order Filing 229 MOTION for Pro Hac Vice Appearance of Attorney Paul Schmitt - filed by Komatsu America Corp.. (Attachments: #1 Text of Proposed Order, #2 Certification of Paul Schmitt, #3 Certificate of Service)(Kraft, Denise)
August 5, 2019 Opinion or Order SO ORDERED, re #229 MOTION for Pro Hac Vice Appearance of Attorney Paul Schmitt, filed by Komatsu America Corp.. Signed by Judge Richard G. Andrews on 8/5/2019. (nms)
August 2, 2019 Opinion or Order Filing 228 NOTICE of Withdrawal of Pro Hac Vice Appearance of Adam I. Steene by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 8/2/2019 (nms).
July 31, 2019 Opinion or Order Filing 227 NOTICE of Withdrawal of Pro Hac Vice Appearances of Quentin R. Wittrock and Kelly W. Hoversten by Associated Auction Services LLC (Gallagher, Henry)
July 22, 2019 Opinion or Order Filing 226 NOTICE OF SERVICE of Objections and Responses to ICP's Second Set of Interrogatories filed by Caterpillar Inc..(Baldwin, David)
July 22, 2019 Opinion or Order Filing 225 NOTICE OF SERVICE of Associated Auction Services, LLC's Answers to International Construction Products LLCs Second Set of Interrogatories filed by Associated Auction Services LLC.(Gallagher, Henry)
July 22, 2019 Opinion or Order Filing 224 NOTICE OF SERVICE of Komatsu's Objections and Responses to Plaintiff's Second Set of Interrogatories filed by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise)
July 11, 2019 Opinion or Order Filing 223 NOTICE OF SERVICE of Associated Auction Services, LLC's Answers to Interrogatories Nos. 1-7 filed by Associated Auction Services LLC.(Gallagher, Henry)
July 11, 2019 Opinion or Order Filing 222 NOTICE OF SERVICE of Objections and Responses of Caterpillar Inc. to ICP's Interrogatories No. 1-7 filed by Caterpillar Inc..(Baldwin, David)
July 11, 2019 Opinion or Order Filing 221 NOTICE OF SERVICE of Komatsu's Objections and Responses to Plaintiff's First Set of Interrogatories filed by Komatsu America Corp..(Kraft, Denise)
June 12, 2019 Opinion or Order Filing 220 NOTICE of Subpoena of BMO Capital Markets (f/k/a Greene Holcomb Fisher) by International Construction Products LLC (Hoeschen, Nathan)
April 29, 2019 Opinion or Order Filing 219 NOTICE requesting Clerk to remove Pro Hac Vice Appearance of Melissa J. Hatch O'Donnell as co-counsel.. (Levine, James Harry)
March 28, 2019 Opinion or Order Filing 218 DISCOVERY ORDER: Plaintiff's request to complete Phase I fact discovery is GRANTED. To the extent Plaintiff seeks any more, such as Phase II fact discovery, the request is DENIED. Any discovery disputes that arise from this point forward are REFERRED to Magistrate Judge Fallon for resolution. Signed by Judge Richard G. Andrews on 3/28/2019. (nms)
March 4, 2019 Opinion or Order Filing 217 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, on behalf of Caterpillar, Komatsu, and Associated Auction Services regarding in opposition to ICP's February 22, 2019 Letter (D.I. #214 ). (Attachments: #1 Exhibit 1)(Baldwin, David) Modified on 3/5/2019 (nms).
February 28, 2019 Opinion or Order Filing 216 NOTICE of Change of Address by Henry E. Gallagher, Jr (Gallagher, Henry)
February 28, 2019 Opinion or Order CORRECTING ENTRY: The notices of address change filed at D.I. 216 and 217 have been removed from the docket. As these notices related to the same attorney Counsel shall refile a singular notice. (nms)
February 22, 2019 Opinion or Order Filing 215 EXHIBIT 1 to #214 Letter, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/25/2019 (nms).
February 22, 2019 Opinion or Order Filing 214 Letter to The Honorable Richard G. Andrews from Nathan R. Hoeschen,regarding request to resolve a threshold issue relating to outstanding discovery requests. (Attachments: #1 7.1.1 Statement)(Hoeschen, Nathan) Modified on 2/25/2019 (nms).
February 22, 2019 Opinion or Order Filing 213 STIPULATION and Proposed Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/22/2019 (nms).
February 22, 2019 Opinion or Order SO ORDERED, re #213 Stipulation and Proposed Order. Signed by Judge Richard G. Andrews on 2/22/2019. (nms)
February 5, 2019 Opinion or Order Filing 212 REDACTED VERSION of #210 Letter, by International Construction Products LLC. (Hoeschen, Nathan)
January 31, 2019 Opinion or Order Filing 211 NOTICE requesting Clerk to remove J. Wells Harrell as co-counsel.. (Hoeschen, Nathan)
January 29, 2019 Opinion or Order Filing 210 [SEALED] Letter to The Honorable Richard G. Andrews, from Nathan R. Hoeschen, regarding the contents of Plaintiff's answering brief in opposition to Defendants' motions to dismiss filed on January 8, 2019 (D.I. #200 ). (Hoeschen, Nathan) Modified on 1/30/2019 (nms).
January 29, 2019 Opinion or Order Filing 209 REQUEST for Oral Argument by Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp., Ring Power Corporation, Thompson Tractor Company, Inc., Ziegler, Inc.. (Baldwin, David)
January 22, 2019 Opinion or Order Filing 208 REPLY BRIEF re #194 Joint Motion to Dismiss Plaintiffs' Second Amended Complaint, filed by Caterpillar Inc.. (Baldwin, David) Modified on 1/23/2019 (nms).
January 22, 2019 Opinion or Order Filing 207 REPLY BRIEF re #190 MOTION to Dismiss Second Amended Complaint filed by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise)
January 22, 2019 Opinion or Order Filing 206 REPLY BRIEF re #183 MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Ring Power Corporation. (Gattuso, Dominick)
January 22, 2019 Opinion or Order Filing 205 REPLY BRIEF re #182 MOTION to Dismiss Second Amended Complaint filed by Thompson Tractor Company, Inc.. (Grant, M.)
January 22, 2019 Opinion or Order Filing 204 REPLY BRIEF re #188 MOTION to Dismiss Second Amended Complaint filed by Ziegler, Inc.. (Gallagher, Henry)
January 22, 2019 Opinion or Order Filing 203 REPLY BRIEF re #191 MOTION to Dismiss Second Amended Complaint filed by Associated Auction Services LLC. (Gallagher, Henry)
January 22, 2019 Opinion or Order Filing 202 REPLY BRIEF re #180 MOTION to Dismiss Second Amended Complaint filed by Caterpillar Inc.. (Baldwin, David)
January 16, 2019 Opinion or Order Pro Hac Vice Attorney William Bloom and Jonathan Shaw for International Construction Products LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
January 15, 2019 Opinion or Order Filing 201 REDACTED VERSION of #200 Answering Brief in Opposition,, by International Construction Products LLC. (Hoeschen, Nathan)
January 8, 2019 Opinion or Order Filing 200 [SEALED] ANSWERING BRIEF in Opposition re #188 MOTION to Dismiss Second Amended Complaint, #183 MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim , #191 MOTION to Dismiss Second Amended Complaint, #194 Joint Motion to Dismiss Plaintiffs' Second Amended Complaint, #190 MOTION to Dismiss Second Amended Complaint, #180 MOTION to Dismiss Second Amended Complaint filed by International Construction Products LLC.Reply Brief due date per Local Rules is 1/15/2019. (Attachments: #1 Exhibit 1)(Hoeschen, Nathan)
January 7, 2019 Opinion or Order Filing 199 MOTION for Pro Hac Vice Appearance of Attorney William Bloom and Jonathan Shaw - filed by International Construction Products LLC. (Hoeschen, Nathan)
January 7, 2019 Opinion or Order SO ORDERED, re #199 MOTION for Pro Hac Vice Appearance of Attorney William Bloom and Jonathan Shaw, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 1/7/2019. (nms)
December 11, 2018 Opinion or Order Filing 198 REDACTED VERSION of #195 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Exhibits 1-4)(Baldwin, David) Modified on 12/11/2018 (nms).
December 11, 2018 Opinion or Order Filing 197 REDACTED VERSION of #181 Opening Brief in Support, by Caterpillar Inc.. (Baldwin, David) Modified on 12/11/2018 (nms).
December 7, 2018 Opinion or Order Filing 196 REDACTED VERSION of #192 Opening Brief in Support, by Komatsu America Corp.. (Attachments: #1 Exhibits 1-4, #2 Certificate of Service)(Kraft, Denise) Modified on 12/10/2018 (nms).
December 5, 2018 Opinion or Order CORRECTING ENTRY: The brief and exhibits filed as attachments to D.I. 182 have been removed from that filing. The brief was subsequently refiled at D.I. 184 and the exhibits A and B at D.I. 182 have been added to D.I. 184. The motion filed at D.I. 186 and brief filed at D.I. 187 have been removed from the docket as they were duplicative of the filings at D.I. 182 and D.I. 184. (nms)
December 4, 2018 Opinion or Order Filing 195 [SEALED] OPENING BRIEF in Support re #194 Joint Motion to Dismiss Plaintiffs' Second Amended Complaint, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 12/18/2018. (Attachments: #1 Exhibits 1-4)(Baldwin, David) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 194 Joint Motion to Dismiss Second Amended Complaint - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 193 OPENING BRIEF in Support re #191 MOTION to Dismiss for Failure to State a Claim filed by Associated Auction Services LLC.Answering Brief/Response due date per Local Rules is 12/18/2018. (Gallagher, Henry)
December 4, 2018 Opinion or Order Filing 192 [SEALED] OPENING BRIEF in Support re #190 MOTION to Dismiss Second Amended Complaint, filed by Komatsu America Corp..Answering Brief/Response due date per Local Rules is 12/18/2018. (Attachments: #1 Exhibits 1-4, #2 Certificate of Service)(Kraft, Denise) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 191 MOTION to Dismiss Second Amended Complaint - filed by Associated Auction Services LLC. (Gallagher, Henry) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 190 MOTION to Dismiss Second Amended Complaint - filed by Komatsu America Corp.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Kraft, Denise) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 189 OPENING BRIEF in Support re #188 MOTION to Dismiss Second Amended Complaint, filed by Ziegler, Inc..Answering Brief/Response due date per Local Rules is 12/18/2018. (Gallagher, Henry) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 188 MOTION to Dismiss Second Amended Complaint - filed by Ziegler, Inc.. (Gallagher, Henry) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 185 OPENING BRIEF in Support re #183 MOTION to Dismiss Second Amended Complaint, filed by Ring Power Corporation.Answering Brief/Response due date per Local Rules is 12/18/2018. (Gattuso, Dominick) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 184 OPENING BRIEF in Support re #182 MOTION to Dismiss Second Amended Complaint, filed by Thompson Tractor Company, Inc..Answering Brief/Response due date per Local Rules is 12/18/2018. (Levine, James Harry) Modified on 12/5/2018 (nms). (Additional attachment(s) added on 12/5/2018: #1 Exhibit A, #2 Exhibit B) (nms).
December 4, 2018 Opinion or Order Filing 183 MOTION to Dismiss Second Amended Complaint - filed by Ring Power Corporation. (Attachments: #1 Proposed Order)(Gattuso, Dominick) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 182 MOTION to Dismiss Second Amended Complaint - filed by Thompson Tractor Company, Inc.. (Attachments: #1 Text of Proposed Order)(Levine, James Harry) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 181 [SEALED] OPENING BRIEF in Support re #180 MOTION to Dismiss Second Amended Complaint, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 12/18/2018. (Baldwin, David) Modified on 12/5/2018 (nms).
December 4, 2018 Opinion or Order Filing 180 MOTION to Dismiss Second Amended Complaint - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 12/5/2018 (nms).
December 3, 2018 Opinion or Order Filing 179 SO ORDERED Granting #177 Unopposed Motion Regarding the Allocation of Pages for Motions to Dismiss (see Order for further details). Signed by Judge Richard G. Andrews on 12/3/2018. (nms)
December 3, 2018 Opinion or Order SO ORDERED, re #178 STIPULATION TO EXTEND TIME for ICP to file Response Briefs; and Defendants to file Reply Briefs to January 8, 2019; and January 22, 2019. Signed by Judge Richard G. Andrews on 12/3/2018. (nms)
November 30, 2018 Opinion or Order Filing 178 STIPULATION TO EXTEND TIME for ICP to file Response Briefs; and Defendants to file Reply Briefs to January 8, 2019; and January 22, 2019 respectively - filed by Caterpillar Inc.. (Baldwin, David)
November 30, 2018 Opinion or Order Filing 177 Unopposed Motion Regarding the Allocation of Pages for Motions to Dismiss - filed by Caterpillar Inc.. (Baldwin, David) Modified on 12/3/2018 (nms).
October 11, 2018 Opinion or Order Pro Hac Vice Attorney Robin Sumner, Melissa Hatch O'Donnell, and Jeremy Heep for Thompson Tractor Company, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
October 11, 2018 Opinion or Order Pro Hac Vice Attorney Gerry A. Giurato,Niels P. Murphy for Ring Power Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
October 10, 2018 Opinion or Order Filing 176 MOTION for Pro Hac Vice Appearance of Attorney Niels P. Murphy and Gerry A. Giurato - filed by Ring Power Corporation. (Gattuso, Dominick)
October 10, 2018 Opinion or Order Filing 175 STIPULATION TO EXTEND TIME for Defendants to Answer, Plead or otherwise move in response to Plaintiff's Second Amended Complaint to December 4, 2018 - filed by Thompson Tractor Company, Inc.. (Levine, James Harry)
October 10, 2018 Opinion or Order Filing 174 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Ziegler, Inc.. (Gallagher, Henry)
October 10, 2018 Opinion or Order Filing 173 NOTICE of Appearance by Henry E. Gallagher, Jr on behalf of Ziegler, Inc. (Gallagher, Henry)
October 10, 2018 Opinion or Order Filing 172 MOTION for Pro Hac Vice Appearance of Attorney Melissa J. Hatch O'Donnell - filed by Thompson Tractor Company, Inc.. (Attachments: #1 Certification, #2 Proposed Order)(Levine, James Harry) Modified on 10/10/2018 (nms).
October 10, 2018 Opinion or Order Filing 171 MOTION for Pro Hac Vice Appearance of Attorney Jeremy Heep - filed by Thompson Tractor Company, Inc.. (Attachments: #1 Certification, #2 Proposed Order)(Levine, James Harry) Modified on 10/10/2018 (nms).
October 10, 2018 Opinion or Order Filing 170 MOTION for Pro Hac Vice Appearance of Attorney Robin P. Sumner - filed by Thompson Tractor Company, Inc.. (Attachments: #1 Certification, #2 Proposed Order)(Levine, James Harry) Modified on 10/10/2018 (nms).
October 10, 2018 Opinion or Order SO ORDERED, re #175 STIPULATION TO EXTEND TIME to Answer, Plead or otherwise move in response to Second Amended Complaint to December 4, 2018 (*Reset Answer Deadlines: Associated Auction Services LLC answer due 12/4/2018; Caterpillar Inc. answer due 12/4/2018; Komatsu America Corp. answer due 12/4/2018; Ring Power Corporation answer due 12/4/2018; Thompson Tractor Company, Inc. answer due 12/4/2018; Ziegler, Inc. answer due 12/4/2018). Signed by Judge Richard G. Andrews on 10/10/2018. (nms)
October 10, 2018 Opinion or Order SO ORDERED, re #176 MOTION for Pro Hac Vice Appearance of Attorney Niels P. Murphy and Gerry A. Giurato, filed by Ring Power Corporation. Signed by Judge Richard G. Andrews on 10/10/2018. (nms)
October 10, 2018 Opinion or Order SO ORDERED, re #171 MOTION for Pro Hac Vice Appearance of Attorney Jeremy Heep, filed by Thompson Tractor Company, Inc., #172 MOTION for Pro Hac Vice Appearance of Attorney Melissa J. Hatch O'Donnell, filed by Thompson Tractor Company, Inc., and #170 MOTION for Pro Hac Vice Appearance of Attorney Robin P. Sumner, filed by Thompson Tractor Company, Inc.. Signed by Judge Richard G. Andrews on 10/10/2018. (nms)
October 9, 2018 Opinion or Order Filing 169 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Thompson Tractor Company, Inc.. (Levine, James Harry)
October 9, 2018 Opinion or Order Filing 168 NOTICE of Appearance by M. Duncan Grant on behalf of Thompson Tractor Company, Inc. (Grant, M.)
October 9, 2018 Opinion or Order Filing 167 NOTICE of Appearance by James Harry Stone Levine on behalf of Thompson Tractor Company, Inc. (Levine, James Harry)
October 8, 2018 Opinion or Order Filing 166 NOTICE of Appearance by Dominick T. Gattuso on behalf of Ring Power Corporation (Gattuso, Dominick)
October 3, 2018 Opinion or Order Filing 165 REDACTED VERSION of #162 Amended Complaint by International Construction Products LLC. (Hoeschen, Nathan)
October 2, 2018 Opinion or Order Filing 164 REDACTED VERSION of #159 Letter by International Construction Products LLC. (Hoeschen, Nathan)
September 27, 2018 Opinion or Order Pro Hac Vice Attorney Adam I. Steene for Komatsu America Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
September 26, 2018 Opinion or Order Filing 163 ORAL ORDER: The Motion to Supplement the Record (D.I. #150 ) is DISMISSED as moot. Ordered by Judge Richard G. Andrews on 9/26/2018. (nms)
September 26, 2018 Opinion or Order Filing 162 [SEALED] SECOND AMENDED COMPLAINT against Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp., Ring Power Corporation, Ziegler, Inc., Thompson Tractor Company, Inc.- filed by International Construction Products LLC.(nms)
September 26, 2018 Opinion or Order Filing 161 ORDER: The Motion for Leave to File Second Amended Complaint and Modify the Case Management (D.I. #123 ) is GRANTED. Signed by Judge Richard G. Andrews on 9/26/2018. (nms)
September 26, 2018 Opinion or Order Filing 160 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 9/26/2018. (nms)
September 25, 2018 Opinion or Order Filing 159 [SEALED] Letter to The Honorable Richard G. Andrews, from Nathan R. Hoeschen, regarding response to Oral Order (D.I. 157 . (Attachments: #1 Exhibit 1)(Hoeschen, Nathan) Modified on 9/26/2018 (nms).
September 24, 2018 Opinion or Order Filing 158 MOTION for Pro Hac Vice Appearance of Attorney Adam I. Steene - filed by Komatsu America Corp.. (Attachments: #1 Text of Proposed Order, #2 Certification by Counsel Adam I. Steene, #3 Certificate of Service)(Kraft, Denise)
September 24, 2018 Opinion or Order Filing 157 ORAL ORDER: Plaintiff is requested to identify where in the record the Court can find the simple agreement presentation produced in discovery on June 5, 2017. Ordered by Judge Richard G. Andrews on 9/24/2018. (nms)
September 24, 2018 Opinion or Order SO ORDERED, re #158 MOTION for Pro Hac Vice Appearance of Attorney Adam I. Steene, filed by Komatsu America Corp.. Signed by Judge Richard G. Andrews on 9/24/2018. (nms)
September 21, 2018 Opinion or Order Filing 156 REQUEST for Oral Argument by International Construction Products LLC re #150 MOTION to Supplement the Record. (Hoeschen, Nathan)
September 14, 2018 Opinion or Order Filing 155 REPLY BRIEF re #150 MOTION to Supplement the Record filed by International Construction Products LLC. (Attachments: #1 Exhibit A)(Hoeschen, Nathan)
September 12, 2018 Opinion or Order Filing 154 NOTICE of Withdrawal of Katherine M. Ruffing, by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 9/13/2018 (nms).
September 7, 2018 Opinion or Order Filing 153 RESPONSE to #150 MOTION to Supplement the Record, filed by Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp.. (Baldwin, David) Modified on 9/10/2018 (nms).
August 31, 2018 Opinion or Order Filing 152 REDACTED VERSION of #151 Opening Brief in Support by International Construction Products LLC. (Russell, Andrew)
August 24, 2018 Opinion or Order Filing 151 [SEALED] OPENING BRIEF in Support re #150 MOTION to Supplement the Record, filed by International Construction Products LLC.Answering Brief/Response due date per Local Rules is 9/7/2018. (Hoeschen, Nathan) Modified on 8/27/2018 (nms).
August 24, 2018 Opinion or Order Filing 150 MOTION to Supplement the Record - filed by International Construction Products LLC. (Attachments: #1 Proposed Order, #2 Exhibit A)(Hoeschen, Nathan) Modified on 8/27/2018 (nms).
July 31, 2018 Opinion or Order Filing 149 NOTICE of Withdrawal of Pro Hac Vice Appearance of James F. Reardon, by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 7/31/2018 (nms).
December 14, 2017 Opinion or Order Filing 148 NOTICE OF SERVICE of Defendant Komatsu America Corp. produced documents Bates stamped KAC0005887 - KAC0005908 filed by Komatsu America Corp..(Kraft, Denise)
December 1, 2017 Opinion or Order Filing 147 ORDER Granting #146 Stipulation of Dismissal (*Party Volvo Construction Equipment North America LLC terminated. Attorney Jeremy Heep; James Harry Stone Levine; Robin Sumner; M. Duncan Grant and Melissa Hatch O'Donnell terminated). Signed by Judge Richard G. Andrews on 12/1/2017. (nms)
November 30, 2017 Opinion or Order Filing 146 STIPULATION of Dismissal, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 11/30/2017 (nms).
October 24, 2017 Opinion or Order Filing 145 Official Transcript of telephone conference held on September 29, 2017 before Judge Andrews. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/22/2018. (vjg)
October 13, 2017 Opinion or Order Filing 144 REDACTED VERSION of #143 Reply Brief, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 10/13/2017 (nms).
October 6, 2017 Opinion or Order Filing 143 [SEALED] REPLY BRIEF re #123 MOTION for Leave to File Second Amended Complaint and Modify the Case Management Order filed by International Construction Products 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, #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)(Hoeschen, Nathan)
September 29, 2017 Opinion or Order Filing 142 STIPULATION and Proposed Order to extend time - filed by International Construction Products LLC. (Hoeschen, Nathan) Modified on 9/29/2017 (nms).
September 29, 2017 Opinion or Order SO ORDERED, re #142 STIPULATION and Proposed Order to extend time (*Reset Briefing Schedule: re #123 MOTION for Leave to File Second Amended Complaint and Modify the Case Management Order. Reply Brief due 10/6/2017). Signed by Judge Richard G. Andrews on 9/29/2017. (nms)
September 26, 2017 Opinion or Order Filing 141 Joint Status Report, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 9/27/2017 (nms).
September 25, 2017 Opinion or Order Filing 140 REDACTED VERSION of #135 Letter, by International Construction Products LLC. (Hoeschen, Nathan)
September 22, 2017 Opinion or Order Filing 139 ANSWERING BRIEF in Opposition re #123 MOTION for Leave to File Second Amended Complaint and Modify the Case Management Order filed by Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp..Reply Brief due date per Local Rules is 9/29/2017. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Proposed Order)(Baldwin, David)
September 20, 2017 Opinion or Order Filing 138 Letter to The Honorable Richard G. Andrews, from Nathan R. Hoeschen, responding to D.I. #134 Letter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hoeschen, Nathan) Modified on 9/21/2017 (nms).
September 20, 2017 Opinion or Order Filing 137 Letter to The Honorable Richard G. Andrews, from Henry E. Gallagher, Jr., regarding response to ICPs September 18, 2017 request (D.I. 135). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gallagher, Henry) Modified on 9/21/2017 (nms).
September 19, 2017 Opinion or Order Filing 136 PROPOSED Order to #134 Letter, by Caterpillar Inc.. (Baldwin, David) Modified on 9/20/2017 (nms).
September 18, 2017 Opinion or Order Filing 135 [SEALED] Letter to The Honorable Richard G. Andrews from Nathan R. Hoeschen. (Attachments: #1 Proposed Order, #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, #14 Exhibit 13, #15 Exhibit 14)(Hoeschen, Nathan) Modified on 9/19/2017 (nms).
September 18, 2017 Opinion or Order Filing 134 Letter to the Honorable Richard G. Andrews from David J. Baldwin, Esq. regarding a stay of discovery pending resolution of the motion (D.I. #124 ), by ICP for leave to amend after the deadline. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Baldwin, David) Modified on 9/19/2017 (nms).
September 18, 2017 Opinion or Order SO ORDERED, re #133 Stipulation and Order on Discovery Conference. Signed by Judge Richard G. Andrews on 9/18/2017. (nms)
September 15, 2017 Opinion or Order Filing 133 STIPULATION and Proposed Order on Discovery Conference, by Caterpillar Inc.. (Baldwin, David) Modified on 9/18/2017 (nms).
September 12, 2017 Opinion or Order SO ORDERED, re #132 Stipulation and Proposed Order regarding discovery. Signed by Judge Richard G. Andrews on 9/12/2017. (nms)
September 11, 2017 Opinion or Order Filing 132 STIPULATION and Proposed Order to extend case deadlines, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 9/12/2017 (nms).
September 6, 2017 Opinion or Order Filing 131 ORAL ORDER: The parties have advised that a dispute has arisen requiring judicial attention. The Court will hold a telephone conference on 9/29/2017, at 1:00 PM before Judge Richard G. Andrews to take up this issue. In preparation for this conference the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Scheduling Order. The parties shall mutually coordinate the call to Chambers. Ordered by Judge Richard G. Andrews on 9/6/2017. (nms)
September 5, 2017 Opinion or Order Filing 130 NOTICE OF SERVICE of 1) Subpoena Directed to CenturyLink, Inc.; 2) Subpoena Directed to Comcast Corp.; 3) Subpoena Directed to Deltacom, Inc. d/b/a EarthLink Business; and 4) Subpoena Directed to Level 3 Communications, LLC filed by International Construction Products LLC.(Hoeschen, Nathan)
September 1, 2017 Opinion or Order Filing 129 REDACTED VERSION of #124 Opening Brief in Support, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 9/1/2017 (nms).
September 1, 2017 Opinion or Order Filing 128 REDACTED VERSION of #123 MOTION for Leave to File Second Amended Complaint and Modify the Case Management Order by International Construction Products LLC. (Hoeschen, Nathan)
September 1, 2017 Opinion or Order SO ORDERED, re #126 STIPULATION TO EXTEND TIME to File Opposition to Motion for Leave to File Second Amended Complaint and Modify the Case Management Order (*Reset Briefing Schedule: re #123 MOTION for Leave to File Second Amended Complaint and Modify the Case Management Order. Answering Brief due 9/22/2017). Signed by Judge Richard G. Andrews on 9/1/2017. (nms)
August 31, 2017 Opinion or Order Filing 127 NOTICE OF SERVICE of 1) Notice of Deposition of Rick Albin; 2) Notice of Deposition of Jerome Guilford; 3) Notice of Deposition of William L. Hoeft; 4) Notice of Deposition of Pablo Koziner; 5) Notice of Deposition of Richard Longbottom; 6) Notice of Deposition of David Shurson; 7) Notice of Deposition of Gary Trettel; 8) Notice of Deposition of Timothy Tripas; 9) Subpoena Directed to Jeff Jeter; 10) Subpoena Directed to Franklin Langham; 11) Subpoena Directed to Greg Owens; 12) Subpoena Directed to Ring Power Corp.; 13) Subpoena Directed to Thompson Tractor Company, Inc.; 14) Subpoena Directed to Cellco Partnership d/b/a Verizon Wireless; 15) Subpoena Directed to AT&T and 16) Subpoena Directed to Verizon filed by International Construction Products LLC.(Hoeschen, Nathan)
August 31, 2017 Opinion or Order Filing 126 STIPULATION TO EXTEND TIME to File Opposition to Motion for Leave to File Second Amended Complaint and Modify the Case Management Order - filed by Caterpillar Inc.. (Baldwin, David) Modified on 9/1/2017 (nms).
August 30, 2017 Opinion or Order Filing 125 MOTION for Pro Hac Vice Appearance of Attorney Michael S. Mitchell - filed by International Construction Products LLC. (Hoeschen, Nathan)
August 30, 2017 Opinion or Order SO ORDERED, re #125 MOTION for Pro Hac Vice Appearance of Attorney Michael S. Mitchell, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 8/30/2017. (nms)
August 25, 2017 Opinion or Order Filing 124 [SEALED] OPENING BRIEF in Support re #123 MOTION for Leave to File Second Amended Complaint and Modify the Case Management Order, filed by International Construction Products LLC.Answering Brief/Response due date per Local Rules is 9/8/2017. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23, #22 Exhibit 24, #23 Exhibit 25, #24 Exhibit 26, #25 Exhibit 27, #26 Exhibit 28, #27 Exhibit 29, #28 Exhibit 30, #29 Exhibit 31, #30 Exhibit 32, #31 Exhibit 33, #32 Exhibit 34, #33 Exhibit 35, #34 Exhibit 36, #35 Exhibit 37, #36 Exhibit 38, #37 Exhibit 39)(Hoeschen, Nathan) Modified on 8/28/2017 (nms).
August 25, 2017 Opinion or Order Filing 123 [SEALED] MOTION for Leave to File Second Amended Complaint and Modify the Case Management Order - filed by International Construction Products LLC. (Attachments: #1 Proposed Order, #2 Second Amended Complaint, #3 Redline Version)(Hoeschen, Nathan) Modified on 8/28/2017 (nms).
August 18, 2017 Opinion or Order Filing 122 NOTICE OF SERVICE of 1) Subpoena directed to Alban Tractor Co., Inc.; 2) Subpoena directed to Butler Machinery Company; 3) Subpoena directed to Carter Machinery Company, Incorporated; 4) Subpoena directed to Cashman Equipment Company; 5) Subpoena directed to Cleveland Brothers Equipment Co., Inc.; 6) Subpoena directed to Empire Southwest, LLC; 7) Subpoena directed to Foley Equipment Company; 8) Subpoena directed to Harnish Group Inc.; 9) Subpoena directed to Hawthorne Machinery Co.; 10) Subpoena directed to Holt of California; 11) Subpoena directed to Holt Texas, Ltd.; 12) Subpoena directed to J.A. Riggs Tractor Company; 13) Subpoena directed to Louisiana Machinery Company, L.L.C.; 14) Subpoena directed to MacAllister Machinery Co., Inc.; 15) Subpoena directed to Mustang Machinery Company, Ltd.; 16) Subpoena directed to Nebraska Machinery Company; 17) Subpoena directed to Ohio Machinery Co.; 18) Subpoena directed to Peterson Tractor Co.; 19) Subpoena directed to Quinn Group, Inc.; 20) Subpoena directed to Ring Power Corporation; 21) Subpoena directed to Southworth-Milton, Inc.; 22) Subpoena directed to Thompson Tractor Co., Inc.; 23) Subpoena directed to Wagner Equipment Co.; 24) Subpoena directed to Warren Power & Machinery, Inc.; 25) Subpoena directed to Western States Equipment Company; 26) Subpoena directed to Whayne Supply Company; and 27) Subpoena directed to Ziegler Inc. filed by International Construction Products LLC.(Hoeschen, Nathan)
August 14, 2017 Opinion or Order Filing 121 NOTICE OF SERVICE of (1) Subpoena directed to AT&T (2) Subpoena directed to Cellco Partnership d/b/a Verizon Wireless filed by International Construction Products LLC.(Hoeschen, Nathan)
August 9, 2017 Opinion or Order Filing 120 NOTICE to Take Deposition of Wes Lee on August 22, 2017 filed by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)
August 9, 2017 Opinion or Order Filing 119 NOTICE to Take Deposition of Tim Frank on August 31, 2017 filed by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)
August 7, 2017 Opinion or Order Filing 118 NOTICE OF SERVICE of 1) Subpoena directed to AT&T 2) Subpoena directed to Sprint; and 3) Subpoena directed to Cellco Partnership d/b/a Verizon Wireless filed by International Construction Products LLC.(Hoeschen, Nathan)
July 13, 2017 Opinion or Order Filing 117 NOTICE OF SERVICE of (1) Subpoena directed to AT&T Mobility, LLC (2) Subpoena directed to Cellco Partnership d/b/a Verizon Wireless (3) Subpoena directed to AT&T Southeast filed by International Construction Products LLC.(Hoeschen, Nathan)
June 20, 2017 Opinion or Order Filing 116 NOTICE OF SERVICE of (1) Subpoena directed to Cellco Partnership d/b/a Verizon Wireless filed by International Construction Products LLC.(Hoeschen, Nathan)
May 30, 2017 Opinion or Order SO ORDERED, re #115 Stipulation and Order (*Reset Deadlines: Status Report due by 9/26/2017). Signed by Judge Richard G. Andrews on 5/30/2017. (nms)
May 26, 2017 Opinion or Order Filing 115 STIPULATION and proposed Order to extend certain scheduling deadlines, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 5/30/2017 (nms).
April 3, 2017 Opinion or Order Filing 114 MOTION for Pro Hac Vice Appearance of Attorney Richard C. Landon - filed by Associated Auction Services LLC. (Gallagher, Henry)
April 3, 2017 Opinion or Order Filing 113 SO ORDERED Granting #110 Stipulation Regarding Discovery of Documents and Electronically-Stored Information. Signed by Judge Richard G. Andrews on 4/3/2017. (nms)
April 3, 2017 Opinion or Order Filing 112 SO ORDERED Granting #111 Stipulated Request for an Order Under Federal Rules of Evidence 502(D) and (E) and Order. Signed by Judge Richard G. Andrews on 4/3/2017. (nms)
April 3, 2017 Opinion or Order SO ORDERED, re #114 MOTION for Pro Hac Vice Appearance of Attorney Richard C. Landon, filed by Associated Auction Services LLC. Signed by Judge Richard G. Andrews on 4/3/2017. (nms)
April 3, 2017 Opinion or Order Pro Hac Vice Attorney Richard C. Landon for Associated Auction Services LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
March 31, 2017 Opinion or Order Filing 111 STIPULATED Request for an Order Under Federal Rules of Evidence 502(D) and (E), by Caterpillar Inc.. (Baldwin, David) Modified on 4/3/2017 (nms).
March 31, 2017 Opinion or Order Filing 110 STIPULATION regarding Discovery of Documents and Electronically-Stored Information, by Caterpillar Inc.. (Baldwin, David) Modified on 4/3/2017 (nms).
March 29, 2017 Opinion or Order Filing 109 NOTICE OF SERVICE of Plaintiff's Subpoena Directed to AT&T Mobility, LLC filed by International Construction Products LLC.(Hoeschen, Nathan)
March 28, 2017 Opinion or Order SO ORDERED, re #108 STIPULATION TO EXTEND TIME to Extend Discovery of Documents and Electronically-Stored Information and Stipulated Request for an Order Under Federal Rules of Evidence 502(d) and (3) and Proposed Order to March 31, 2017. Signed by Judge Richard G. Andrews on 3/28/2017. (nms)
March 27, 2017 Opinion or Order Filing 108 STIPULATION and Proposed Order to Extend Deadlines - filed by Caterpillar Inc.. (Baldwin, David) Modified on 5/26/2017 (nms).
March 24, 2017 Opinion or Order Filing 107 NOTICE OF SERVICE of Plaintiff's Subpoena Directed to IronPlanet, Inc. filed by International Construction Products LLC.(Hoeschen, Nathan)
March 24, 2017 Opinion or Order Filing 106 NOTICE OF SERVICE of Defendant Associated Auction Services, LLC's Amended Response and Objections to Plaintiff International Construction Products LLC's First and Second Set of Requests for the Production of Documents filed by Associated Auction Services LLC.(Gallagher, Henry)
March 20, 2017 Opinion or Order Filing 105 NOTICE OF SERVICE of Caterpillar Inc.s Amended and Supplemental Objections and Responses to Plaintiffs Second Set of Requests for the Production of Documents re #78 Notice of Service filed by Caterpillar Inc..(Baldwin, David)
March 17, 2017 Opinion or Order Filing 104 NOTICE OF SERVICE of Volvo Construction Equipment North America, LLC's Second Revised Responses to International Construction Products LLC's Second Set of Requests for the Production of Documents filed by Volvo Construction Equipment North America LLC.(Levine, James Harry)
March 16, 2017 Opinion or Order Filing 103 NOTICE OF SERVICE of Volvo Construction Equipment North America, LLC's Revised Responses to International Construction Products LLC's Second Set of Requests for the Production of Documents filed by Volvo Construction Equipment North America LLC.(Levine, James Harry)
March 16, 2017 Opinion or Order Filing 102 NOTICE OF SERVICE of Defendant Komatsu's Amended Objections and Responses to Plaintiff's Second Set of Requests for the Production of Documents filed by Komatsu America Corp..(Kraft, Denise)
March 13, 2017 Opinion or Order Filing 101 MOTION for Pro Hac Vice Appearance of Attorney J. Wells Harrell - filed by International Construction Products LLC. (Hoeschen, Nathan)
March 13, 2017 Opinion or Order SO ORDERED, re #101 MOTION for Pro Hac Vice Appearance of Attorney J. Wells Harrell, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 3/13/2017. (nms)
March 13, 2017 Opinion or Order Pro Hac Vice Attorney J. Wells Harrell for International Construction Products LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
March 7, 2017 Opinion or Order Filing 100 NOTICE OF SERVICE of Defendant Volvo Construction Equipment North America, LLC's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Volvo Construction Equipment North America LLC.(Levine, James Harry)
March 7, 2017 Opinion or Order Filing 99 NOTICE OF SERVICE of Defendant Komatsu America Corp.'s Rule 26(a)(1) Initial Disclosures filed by Komatsu America Corp..(Kraft, Denise)
March 7, 2017 Opinion or Order Pro Hac Vice Attorney Carey S. Busen for Caterpillar Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
March 6, 2017 Opinion or Order Filing 98 NOTICE OF SERVICE of Defendant Associated Auction Services, LLC's Initial Disclosures filed by Associated Auction Services LLC.(Gallagher, Henry)
March 6, 2017 Opinion or Order Filing 97 NOTICE OF SERVICE of Initial Disclosures of Caterpillar Inc. filed by Caterpillar Inc..(Baldwin, David)
March 6, 2017 Opinion or Order Filing 96 NOTICE OF SERVICE of (1) Plaintiff's Initial Disclosures filed by International Construction Products LLC.(Hoeschen, Nathan)
February 24, 2017 Opinion or Order Filing 95 REVISED Discovery Plan and SCHEDULING ORDER (see Order for further details). Signed by Judge Richard G. Andrews on 2/23/2017. (nms)
February 23, 2017 Opinion or Order Filing 94 PROPOSED Scheduling Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/23/2017 (nms).
February 21, 2017 Opinion or Order SO ORDERED, re #93 STIPULATION TO EXTEND TIME to Submit a Proposed Scheduling Order to February 23, 2017, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 2/21/2017. (nms)
February 17, 2017 Opinion or Order Filing 93 STIPULATION TO EXTEND TIME to Submit a Proposed Scheduling Order to February 23, 2017 - filed by International Construction Products LLC. (Hoeschen, Nathan)
February 3, 2017 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 2/3/2017. Counsel present for Plaintiff: N. Hoeschen, J. Denvir, and A. Mauser. Counsel present for Defendants: D. Baldwin, D. Foix, H. Gallagher, Jr., D. Kraft, D. Bamberger, J. Levine, R. Sumner, and M. O'Donnell. The parties shall submit a proposed order as discussed by 2/17/2017. The Order shall include reference to a hearing to be set for 9/8/2017, at 10:00 AM, and a joint status report due by 9/5/2017. (Court Reporter Stacey Ingram - Hawkins Reporting Service.) (nms)
February 1, 2017 Opinion or Order Filing 92 Letter to The Honorable Richard G. Andrews from Nathan R. Hoeschen regarding joint summary chart of respective positions for the Scheduling Conference. (Attachments: #1 Exhibit )(Hoeschen, Nathan) Modified on 2/1/2017 (nms).
February 1, 2017 Opinion or Order CORRECTING ENTRY: The Clerk's Office corrected DI# 91. (Name was misspelled). (rwc)
January 31, 2017 Opinion or Order Filing 91 MOTION for Pro Hac Vice Appearance of Attorney Carey S. Busen, Esquire - filed by Caterpillar Inc.. (Baldwin, David) Modified on 2/1/2017 (rwc).
January 31, 2017 Opinion or Order SO ORDERED, re #91 MOTION for Pro Hac Vice Appearance of Attorney Carey S. Busen, Esq., filed by Caterpillar Inc.. Signed by Judge Richard G. Andrews on 1/31/2017. (nms) Modified on 2/1/2017 (rwc).
January 23, 2017 Opinion or Order Filing 90 ANSWER to #48 Amended Complaint, by Associated Auction Services LLC.(Gallagher, Henry) Modified on 1/23/2017 (nms).
January 17, 2017 Opinion or Order Filing 89 Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 2/3/2017, at 2:00 PM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 1/17/2017. (nms)
January 12, 2017 Opinion or Order Filing 88 ORAL ORDER: The motion to clarify or review (D.I. #67 ) is DENIED. As Plaintiff notes (D.I. #69 at 2), the Court was clear. Treating the motion as one for reconsideration, reconsideration is denied. A footnote purporting to incorporate more than one hundred pages of briefing by reference is not allowed. Among other things, it violates the page limits of the briefing. Defendant Associated Auction Services will be able to revisit the merits in connection with any summary judgment proceedings. Ordered by Judge Richard G. Andrews on 1/12/2017. (nms)
January 6, 2017 Opinion or Order Filing 87 SO ORDERED Granting #86 Stipulated Confidentiality and Protective Order. Signed by Judge Richard G. Andrews on 1/5/2017. (nms)
January 4, 2017 Opinion or Order Filing 86 PROPOSED Stipulated Confidentiality and Protective Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 1/5/2017 (nms).
January 4, 2017 Opinion or Order Filing 85 PROPOSED Scheduling Order, by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hoeschen, Nathan) Modified on 1/5/2017 (nms).
January 4, 2017 Opinion or Order Filing 84 NOTICE of withdrawal of Laura D. Hatcher by Komatsu America Corp. (Kraft, Denise)
December 5, 2016 Opinion or Order Filing 83 NOTICE OF SERVICE of Plaintiff's Second Set of Requests for the Production of Documents re #78 Notice of Service filed by Caterpillar Inc..(Baldwin, David)
December 5, 2016 Opinion or Order Filing 82 NOTICE OF SERVICE of Volvo Construction Equipment North America, LLCs Response to International Construction Products LLCs Second Set of Requests for the Production of Documents filed by Volvo Construction Equipment North America LLC.(Levine, James Harry)
December 2, 2016 Opinion or Order Filing 81 NOTICE OF SERVICE of Komatsu's Objections and Responses to Plaintiff's Second Set of Requests for the Production of Documents filed by Komatsu America Corp..(Kraft, Denise)
December 1, 2016 Opinion or Order Filing 80 NOTICE OF SERVICE of Defendant Associated Auction Services, LLC's Response and Objections to Plaintiff International Construction Products LLC's Second Set of Requests for the Production of Documents filed by Associated Auction Services LLC.(Gallagher, Henry)
November 22, 2016 Opinion or Order Filing 79 NOTICE OF SERVICE of International Construction Products LLC's Objections and Responses to Manufacturer Defendants' First Set of Joint Requests for Production of Documents to Plaintiff filed by International Construction Products LLC.(Hoeschen, Nathan)
November 1, 2016 Opinion or Order Filing 78 NOTICE OF SERVICE of International Construction Products LLC's Second Set of Requests for the Production of Documents filed by International Construction Products LLC.(Russell, Andrew)
October 26, 2016 Opinion or Order Filing 77 NOTICE OF SERVICE of Defendant Associated Auction Services, LLC's Response and Objections to Plaintiff International Construction Products LLC's First Request for the Production of Documents filed by Associated Auction Services LLC.(Gallagher, Henry)
October 18, 2016 Opinion or Order Filing 76 NOTICE OF SERVICE of Manufacturer Defendants' First Set of Joint Requests for Production of Documents to Plaintiff filed by Volvo Construction Equipment North America LLC.(Levine, James Harry)
September 26, 2016 Opinion or Order Filing 75 NOTICE OF SERVICE of International Construction Products LLCs First Request for the Production of Documents filed by International Construction Products LLC.(Hoeschen, Nathan)
September 21, 2016 Opinion or Order Filing 74 REPLY BRIEF re #67 MOTION to Clarify or Review filed by Associated Auction Services LLC. (Gallagher, Henry)
September 21, 2016 Opinion or Order SO ORDERED, re #72 Stipulation and Order Regarding Associated Auction Services' Time to Answer Complaint, filed by Associated Auction Services LLC. Signed by Judge Richard G. Andrews on 9/20/2016. (nms)
September 20, 2016 Opinion or Order Filing 73 ANSWER to #48 Amended Complaint with Jury Demand, by Caterpillar Inc..(Baldwin, David) Modified on 9/21/2016 (nms).
September 20, 2016 Opinion or Order Filing 72 STIPULATION and Proposed Order Regarding Associated Auction Services' Time to Answer Complaint by Associated Auction Services LLC. (Attachments: #1 Certificate of Service)(Gallagher, Henry)
September 20, 2016 Opinion or Order Filing 71 ANSWER to #48 Amended Complaint, by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 9/20/2016 (nms).
September 20, 2016 Opinion or Order Filing 70 ANSWER to #48 Amended Complaint with Jury Demand, by Volvo Construction Equipment North America LLC.(Levine, James Harry) Modified on 9/20/2016 (nms).
September 19, 2016 Opinion or Order Filing 69 RESPONSE to #67 MOTION to Clarify or Review, filed by International Construction Products LLC. (Shaw, John) Modified on 9/19/2016 (nms).
August 31, 2016 Opinion or Order Filing 68 MEMORANDUM in Support re #67 MOTION to Clarify or Review filed by Associated Auction Services LLC.Answering Brief/Response due date per Local Rules is 9/19/2016. (Gallagher, Henry)
August 31, 2016 Opinion or Order Filing 67 MOTION to Clarify or Review - filed by Associated Auction Services LLC. (Gallagher, Henry) Modified on 8/31/2016 (nms).
August 31, 2016 Opinion or Order Filing 66 STIPULATION TO EXTEND TIME to Respond to Complaint to September 20, 2016 - filed by Volvo Construction Equipment North America LLC. (Attachments: #1 Certificate of Service)(Levine, James Harry)
August 31, 2016 Opinion or Order SO ORDERED, re #66 STIPULATION TO EXTEND TIME to Respond to Complaint to September 20, 2016, filed by Volvo Construction Equipment North America LLC (Reset Answer Deadlines: Associated Auction Services LLC answer due 9/20/2016; Caterpillar Inc. answer due 9/20/2016; Komatsu America Corp. answer due 9/20/2016; Volvo Construction Equipment North America LLC answer due 9/20/2016). Signed by Judge Richard G. Andrews on 8/31/2016. (nms)
August 22, 2016 Opinion or Order Filing 65 ORDER Denying #49 MOTION for Reconsideration and leave to amend, and Granting in part and Denying in part #54 MOTION to Dismiss Amended Complaint. Signed by Judge Richard G. Andrews on 8/22/2016. (nms)
August 22, 2016 Opinion or Order Filing 64 MEMORANDUM OPINION regarding Motion for Reconsideration and for Leave to Amend (D.I. #49 , and Motion to Dismiss (D.I. #54 ). Signed by Judge Richard G. Andrews on 8/22/2016. (nms)
June 28, 2016 Opinion or Order Filing 63 Official Transcript of Motion Hearing held on 06-23-16 before Judge Richard G. Andrews. Court Reporter/Transcriber Leonard A. Dibbs. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/19/2016. Redacted Transcript Deadline set for 7/29/2016. Release of Transcript Restriction set for 9/26/2016. (lad)
June 23, 2016 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Motion Hearing held on 6/23/2016 re #54 MOTION to Dismiss Amended Complaint, and #49 MOTION for Reconsideration. Counsel present for Plaintiff: N. Hoeschen, C. Renner. Counsel present for Dendants: R. Brookhiser, D. Bamberger, D. Baldwin, D. Kraft, D. Grant, J. Heep, and Q. Wittrock. The (Court Reporter Leonard Dibbs.) (nms)
June 20, 2016 Opinion or Order Filing 62 Letter to Honorable Richard G. Andrews from M. Duncan Grant regarding Oral Augument. (Grant, M.)
June 10, 2016 Opinion or Order Filing 61 ORAL ORDER: Oral argument on the MOTION for Reconsideration and for Leave to Amend (D.I. #49 ) and the MOTION to Dismiss Amended Complaint (D.I. #54 ) is now set for 6/23/2016, at 10:00 AM in Courtroom 6A before Judge Richard G. Andrews. Ordered by Judge Richard G. Andrews on 6/10/2016. (nms)
April 7, 2016 Opinion or Order Filing 60 REQUEST for Oral Argument by International Construction Products LLC re #54 MOTION to Dismiss Amended Complaint. (Shaw, John)
April 1, 2016 Opinion or Order Filing 59 Joint REPLY BRIEF re #54 MOTION to Dismiss Amended Complaint filed by Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp., Volvo Construction Equipment North America LLC. (Attachments: #1 Certificate of Service)(Hatcher, Laura)
March 22, 2016 Opinion or Order Filing 58 ANSWERING BRIEF in Opposition re #54 MOTION to Dismiss Amended Complaint filed by International Construction Products LLC.Reply Brief due date per Local Rules is 4/1/2016. (Attachments: #1 Exhibit A)(Hoeschen, Nathan)
March 22, 2016 Opinion or Order Filing 57 ORAL ORDER: The brief filed at D.I. 56 has been STRUCK from the record as it contained a Reply in further support of the Motion for Reconsideration. Counsel shall re-file the brief and omit any further argument on the Motion for Reconsideration (see Local Rule 7.1.5). Ordered by Judge Richard G. Andrews on 3/22/2016. (nms)
March 3, 2016 Opinion or Order Filing 55 Combined Joint Opening and Answering Brief in Support of #54 Motion to Dismiss Amended Complaint, and #49 Motion for Reconsideration and to Amend, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 3/21/2016. Reply Brief due date per Local Rules is 3/14/2016. (Baldwin, David) Modified on 3/4/2016 (nms).
March 3, 2016 Opinion or Order Filing 54 MOTION to Dismiss Amended Complaint - filed by Caterpillar Inc.. (Baldwin, David) Modified on 3/4/2016 (nms).
February 11, 2016 Opinion or Order Filing 53 ORAL ORDER: The Court appreciates D.I. #51 and #52 . Defendants should file one brief addressing the issues raised by the Amended Complaint (D.I. #48 ) and the Motion for Reconsideration (D.I. #49 ), within 21 days of the date of this Order. Ordered by Judge Richard G. Andrews on 2/11/2016. (nms) Modified on 2/11/2016 (nms).
February 10, 2016 Opinion or Order Filing 52 Letter to The Honorable Richard G. Andrews from John W. Shaw regarding Opposition to Defendants' Proposal to Stay Briefing on Motion to Dismiss ICP's Amended Complaint. (Shaw, John) Modified on 2/10/2016 (nms).
February 9, 2016 Opinion or Order Filing 51 Letter to The Honorable Richard G. Andrews from Laura D. Hatcher regarding Proposed Order Regarding Briefing Schedule. (Attachments: #1 Text of Proposed Order)(Hatcher, Laura)
February 4, 2016 Opinion or Order Filing 50 OPENING BRIEF in Support re #49 MOTION for Reconsideration and For Leave to Amend, filed by International Construction Products LLC.Answering Brief/Response due date per Local Rules is 2/22/2016. (Shaw, John) Modified on 2/5/2016 (nms).
February 4, 2016 Opinion or Order Filing 49 MOTION for Reconsideration and for Leave to Amend - filed by International Construction Products LLC. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Shaw, John) Modified on 2/5/2016 (nms).
February 4, 2016 Opinion or Order Filing 48 AMENDED COMPLAINT against Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp., Volvo Construction Equipment North America LLC- filed by International Construction Products LLC.(Shaw, John)
January 21, 2016 Opinion or Order Filing 47 NOTICE OF SUBSTITUTION OF COUNSEL re Associated Auction Services LLC: Entry of appearance of attorney Henry E. Gallagher, Jr. Attorney Edward F. Eaton terminated. (Gallagher, Henry)
January 21, 2016 Opinion or Order Filing 46 ORDER Granting Defendants' Motions to Dismiss the Complaint (D.I. #27 , #28 , #30 , #33 ). Counts One through Four are hereby DISMISSED WITHOUT PREJUDICE. If Plaintiff does not file a new complaint within two weeks, this dismiss will be converted into a Dismissal with prejudice. Counts Five through Ten are hereby DISMISSED WITH PREJUDICE. Counts Eleven through Eighteen are hereby Dismissed without prejudice. Signed by Judge Richard G. Andrews on 1/21/2016. (nms)
January 21, 2016 Opinion or Order Filing 45 MEMORANDUM OPINION regarding Motions to Dismiss (D.I. #27 , #28 , #30 , #33 ). Signed by Judge Richard G. Andrews on 1/21/2016. (nms)
October 26, 2015 Opinion or Order Filing 44 Official Transcript of Motion to Dismiss held on 10-19-15 before Judge Richard G. Andrews. Court Reporter/Transcriber Leonard A. Dibbs. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/25/2016. (lad)
October 20, 2015 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Motion Hearing held on 10/20/2015, regarding MOTIONS to Dismiss (D.I. #27 , #28 , #30 and #33 ). The Court will take the matter under consideration. (Court Reporter Leonard Dibbs.) (nms)
October 16, 2015 Opinion or Order Filing 43 Letter to The Honorable Richard G. Andrews from M. Duncan Grant regarding Oral Argument. (Grant, M.)
October 13, 2015 Opinion or Order Filing 42 MOTION for Pro Hac Vice Appearance of Attorney Amy J. Mauser - filed by International Construction Products LLC. (Fry, David)
October 13, 2015 Opinion or Order SO ORDERED, re #42 MOTION for Pro Hac Vice Appearance of Attorney Amy J. Mauser filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 10/13/2015. (nms)
October 13, 2015 Opinion or Order Pro Hac Vice Attorney Amy J. Mauser for International Construction Products LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
October 13, 2015 Opinion or Order SO ORDERED, re #41 MOTION for Pro Hac Vice Appearance of Attorney Robert J. Brookhiser, Jr. filed by Caterpillar Inc.. Signed by Judge Richard G. Andrews on 10/13/2015. (nms)
October 9, 2015 Opinion or Order Filing 41 MOTION for Pro Hac Vice Appearance of Attorney Robert J. Brookhiser, Jr. - filed by Caterpillar Inc.. (Baldwin, David)
August 6, 2015 Opinion or Order Filing 40 ORAL ORDER: The Court will hear oral argument on the motions to dismiss (D.I. #27 , #28 , #30 , and #33 ) on 10/19/2015, at 2:00 PM before Judge Richard G. Andrews. Ordered by Judge Richard G. Andrews on 8/6/2015. (nms)
June 9, 2015 Opinion or Order Pro Hac Vice Attorney Danyll W. Foix for Caterpillar Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
June 8, 2015 Opinion or Order Pro Hac Vice Attorney Robert G. Abrams,Gregory J. Commins, Jr for Caterpillar Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (klc)
May 22, 2015 Opinion or Order Filing 39 REQUEST for Oral Argument by International Construction Products LLC re #30 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #27 MOTION to Dismiss, #28 MOTION to Dismiss, #33 MOTION to Dismiss. (Shaw, John)
May 18, 2015 Opinion or Order Filing 38 Joint REPLY BRIEF re #30 MOTION to Dismiss, #27 MOTION to Dismiss, #28 MOTION to Dismiss, #33 MOTION to Dismiss, filed by Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp., Volvo Construction Equipment North America LLC. (Baldwin, David) Modified on 5/19/2015 (nms).
May 7, 2015 Opinion or Order Filing 37 DECLARATION of Christopher G. Renner re #36 Answering Brief in Opposition, by International Construction Products LLC. (Shaw, John) Modified on 5/8/2015 (nms).
May 7, 2015 Opinion or Order Filing 36 ANSWERING BRIEF in Opposition re #30 MOTION to Dismiss, #28 MOTION to Dismiss, and #33 MOTION to Dismiss, filed by International Construction Products LLC.Reply Brief due date per Local Rules is 5/18/2015. (Shaw, John) Modified on 5/8/2015 (nms).
April 24, 2015 Opinion or Order Pro Hac Vice Attorney Jeremy Heep for Volvo Construction Equipment North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mas, )
April 21, 2015 Opinion or Order Filing 35 Joint OPENING BRIEF in Support re #28 MOTION to Dismiss, #27 MOTION to Dismiss, #33 MOTION to Dismiss, and #30 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 5/8/2015. (Baldwin, David) Modified on 4/21/2015 (nms).
April 21, 2015 Opinion or Order CORRECTING ENTRY: The Joint Opening Brief filed on 4/20/2015, has been removed from the docket, as Counsel will refile this brief and link it to all motions that is in support of. (nms)
April 20, 2015 Opinion or Order Filing 34 OPENING BRIEF in Support re #33 MOTION to Dismiss filed by Volvo Construction Equipment North America LLC.Answering Brief/Response due date per Local Rules is 5/7/2015. (Levine, James Harry)
April 20, 2015 Opinion or Order Filing 33 MOTION to Dismiss - filed by Volvo Construction Equipment North America LLC. (Levine, James Harry)
April 20, 2015 Opinion or Order Filing 32 OPENING BRIEF in Support re #28 MOTION to Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6), filed by Komatsu America Corp..Answering Brief/Response due date per Local Rules is 5/7/2015. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 4/21/2015 (nms).
April 20, 2015 Opinion or Order Filing 31 MEMORANDUM in Support re #30 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), filed by Associated Auction Services LLC.Answering Brief/Response due date per Local Rules is 5/7/2015. (Eaton, Edward) Modified on 4/21/2015 (nms).
April 20, 2015 Opinion or Order Filing 30 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) - filed by Associated Auction Services LLC. (Eaton, Edward) Modified on 4/21/2015 (nms).
April 20, 2015 Opinion or Order Filing 28 MOTION to Dismiss - filed by Komatsu America Corp.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Kraft, Denise) Modified on 4/21/2015 (nms).
April 20, 2015 Opinion or Order Filing 27 MOTION to Dismiss - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 4/21/2015 (nms).
April 17, 2015 Opinion or Order Filing 26 NOTICE of Appearance by Brian A. Biggs on behalf of Komatsu America Corp. (Attachments: #1 Certificate of Service)(Biggs, Brian)
April 17, 2015 Opinion or Order Filing 25 SO ORDERED except that the collective Reply Brief page limit is 30 pages re #24 Unopposed Motion and Proposed Order Governing Motion to Dismiss Briefs. Signed by Judge Richard G. Andrews on 4/17/2015. (nms)
April 16, 2015 Opinion or Order Filing 24 Unopposed Motion and Proposed Order Governing Motion to Dismiss Briefs - filed by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 4/17/2015 (nms).
April 8, 2015 Opinion or Order Filing 23 MOTION for Pro Hac Vice Appearance of Attorney David Boies - filed by International Construction Products LLC. (Shaw, John)
April 8, 2015 Opinion or Order SO ORDERED, re #23 MOTION for Pro Hac Vice Appearance of Attorney David Boies filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 4/8/2015. (nms)
March 31, 2015 Opinion or Order Filing 22 ORAL ORDER: The MOTION for Pro Hac Vice Appearance of Attorney David Boies (D.I. #21 ) filed by International Construction Products LLC is DENIED as the Motion is not properly dated. Ordered by Judge Richard G. Andrews on 3/31/2015. (nms)
March 30, 2015 Opinion or Order Filing 21 MOTION for Pro Hac Vice Appearance of Attorney David Boies - filed by International Construction Products LLC. (Shaw, John)
March 16, 2015 Opinion or Order Pro Hac Vice Attorney Melissa Hatch O'Donnell for Volvo Construction Equipment North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
March 10, 2015 Opinion or Order Filing 20 MOTION for Pro Hac Vice Appearance of Attorney Melissa Hatch O'Donnell - filed by Volvo Construction Equipment North America LLC. (Attachments: #1 Certification of Melissa Hatch O'Donnell, #2 Text of Proposed Order)(Grant, M.)
March 10, 2015 Opinion or Order Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Jeremy Heep - filed by Volvo Construction Equipment North America LLC. (Attachments: #1 Certification of Jeremy Heep, #2 Text of Proposed Order)(Grant, M.)
March 10, 2015 Opinion or Order Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Gregory J. Commins Jr., Robert G. Abrams, and Danyll W. Foix - filed by Caterpillar Inc.. (Baldwin, David)
March 10, 2015 Opinion or Order SO ORDERED, re #20 MOTION for Pro Hac Vice Appearance of Attorney Melissa Hatch O'Donnell, filed by Volvo Construction Equipment North America LLC, and #19 MOTION for Pro Hac Vice Appearance of Attorney Jeremy Heep, filed by Volvo Construction Equipment North America LLC. Signed by Judge Richard G. Andrews on 3/10/2015. (nms)
March 10, 2015 Opinion or Order SO ORDERED, re #18 MOTION for Pro Hac Vice Appearance of Attorney Gregory J. Commins Jr., Robert G. Abrams, and Danyll W. Foix filed by Caterpillar Inc.. Signed by Judge Richard G. Andrews on 3/10/2015. (nms)
February 27, 2015 Opinion or Order Pro Hac Vice Attorney Robin Summer for Volvo Construction Equipment North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (els)
February 23, 2015 Opinion or Order Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Robin P. Sumner - filed by Volvo Construction Equipment North America LLC. (Attachments: #1 Certification of Robin P. Sumner, #2 Text of Proposed Order)(Grant, M.)
February 23, 2015 Opinion or Order SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Robin P. Sumner filed by Volvo Construction Equipment North America LLC. Signed by Judge Richard G. Andrews on 2/23/2015. (nms)
February 20, 2015 Opinion or Order Pro Hac Vice Attorney Christopher G. Renner,James P. Denvir for International Construction Products LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
February 19, 2015 Opinion or Order Pro Hac Vice Attorney Quentin R. Wittrock,Kelly W. Hoversten for Associated Auction Services LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
February 18, 2015 Opinion or Order Filing 16 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Caterpillar Inc.. (Baldwin, David)
February 18, 2015 Opinion or Order Filing 15 NOTICE of Appearance by James Harry Stone Levine on behalf of Volvo Construction Equipment North America LLC (Attachments: #1 Certificate of Service)(Levine, James Harry)
February 18, 2015 Opinion or Order Filing 14 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Mack Trucks Inc. for Volvo Construction Equipment North America LLC filed by Volvo Construction Equipment North America LLC. (Grant, M.)
February 18, 2015 Opinion or Order Filing 13 Stipulation and Proposed Order Extending Time to Respond to Complaint - filed by Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp., Volvo Construction Equipment North America LLC. (Grant, M.) Modified on 2/18/2015 (nms).
February 18, 2015 Opinion or Order Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Quentin R. Wittrock and Kelly W. Hoversten - filed by Associated Auction Services LLC. (Eaton, Edward)
February 18, 2015 Opinion or Order Filing 11 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Associated Auction Services LLC. (Eaton, Edward)
February 18, 2015 Opinion or Order Pro Hac Vice Attorney Katherine M Ruffing,James F Reardon,David H Bamberger for Komatsu America Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mas, )
February 18, 2015 Opinion or Order SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Quentin R. Wittrock and Kelly W. Hoversten filed by Associated Auction Services LLC. Signed by Judge Richard G. Andrews on 2/18/2015. (nms)
February 18, 2015 Opinion or Order SO ORDERED, re #13 STIPULATION TO EXTEND TIME to answer the complaint, filed by Associated Auction Services LLC, Volvo Construction Equipment North America LLC, Komatsu America Corp., Caterpillar Inc. (Reset Answer Deadlines: Associated Auction Services LLC answer due 4/20/2015; Caterpillar Inc. answer due 4/20/2015; Komatsu America Corp. answer due 4/20/2015; Volvo Construction Equipment North America LLC answer due 4/20/2015). Signed by Judge Richard G. Andrews on 2/18/2015. (nms)
February 12, 2015 Opinion or Order Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Komatsu Ltd. for Komatsu America Corp. filed by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise)
February 12, 2015 Opinion or Order Filing 9 MOTION for Pro Hac Vice Appearance of Attorney David H. Bamberger, Attorney Katherine M. Ruffing and Attorney James F. Reardon - filed by Komatsu America Corp.. (Attachments: #1 Text of Proposed Order, #2 Certification of David H. Bamberger, #3 Certification of Katherine M. Ruffing, #4 Certification of James F. Reardon, #5 Certificate of Service)(Hatcher, Laura)
February 12, 2015 Opinion or Order SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney David H. Bamberger, Attorney Katherine M. Ruffing and Attorney James F. Reardon filed by Komatsu America Corp.. Signed by Judge Richard G. Andrews on 2/12/2015. (nms)
February 4, 2015 Opinion or Order Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
February 4, 2015 Opinion or Order SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney James P. Denvir and Christopher G. Renner, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 2/4/2015. (nms)
February 3, 2015 Opinion or Order Filing 8 MOTION for Pro Hac Vice Appearance of Attorney James P. Denvir and Christopher G. Renner - filed by International Construction Products LLC. (Shaw, John)
January 29, 2015 Opinion or Order Filing 7 SUMMONS Returned Executed by International Construction Products LLC. Associated Auction Services LLC served on 1/29/2015, answer due 2/19/2015. (Shaw, John)
January 29, 2015 Opinion or Order Filing 6 SUMMONS Returned Executed by International Construction Products LLC. Volvo Construction Equipment North America LLC served on 1/29/2015, answer due 2/19/2015. (Shaw, John)
January 29, 2015 Opinion or Order Filing 5 SUMMONS Returned Executed by International Construction Products LLC. Komatsu America Corp. served on 1/29/2015, answer due 2/19/2015. (Shaw, John)
January 29, 2015 Opinion or Order Filing 4 SUMMONS Returned Executed by International Construction Products LLC. Caterpillar Inc. served on 1/29/2015, answer due 2/19/2015. (Shaw, John)
January 29, 2015 Opinion or Order Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by International Construction Products LLC. (rwc)
January 29, 2015 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc)
January 29, 2015 Opinion or Order Filing 1 COMPLAINT - filed with Jury Demand against Associated Auction Services LLC, Caterpillar Inc., Komatsu America Corp., Volvo Construction Equipment North America LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1664976.) - filed by International Construction Products LLC. (Attachments: #1 Civil Cover Sheet)(rwc)
January 29, 2015 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to Associated Auction Services LLC on 1/29/2015; Caterpillar Inc. on 1/29/2015; Komatsu America Corp. on 1/29/2015; Volvo Construction Equipment North America LLC on 1/29/2015. (rwc)

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Search for this case: International Construction Products LLC v. Caterpillar Inc. et al
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Plaintiff: International Construction Products LLC
Represented By: Amy J. Mauser
Represented By: William Bloom
Represented By: James P. Denvir
Represented By: David M. Fry
Represented By: John W. Shaw
Represented By: Christopher G. Renner
Represented By: Jonathan Shaw
Represented By: J. Wells Harrell
Represented By: Nathan Roger Hoeschen
Represented By: Matthew D. Stachel
Represented By: Daniel Alan Mason
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Defendant: Caterpillar Inc
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Defendant: Ziegler, Inc.
Represented By: Henry E. Gallagher, Jr.
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Defendant: Thompson Tractor Company, Inc.
Represented By: Robin Sumner
Represented By: Jeremy Heep
Represented By: James Harry Stone Levine
Represented By: M. Duncan Grant
Represented By: Melissa Hatch O'Donnell
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Defendant: Caterpillar Inc.
Represented By: Gregory J. Commins, Jr.
Represented By: Danyll W. Foix
Represented By: Ashley Eickhof
Represented By: Robert G. Abrams
Represented By: Joseph A. Ostoyich
Represented By: Paul C. Cuomo
Represented By: Aaron S. Rabinowitz
Represented By: Heather S. Choi
Represented By: Carey S. Busen
Represented By: David J. Baldwin
Represented By: Peter C. McGivney
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Defendant: Volvo Construction Equipment North America LLC
Represented By: M. Duncan Grant
Represented By: Robin Sumner
Represented By: Jeremy Heep
Represented By: James Harry Stone Levine
Represented By: Melissa Hatch O'Donnell
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Defendant: Associated Auction Services LLC
Represented By: Richard C. Landon
Represented By: Quentin R. Wittrock
Represented By: Kelly W. Hoversten
Represented By: Edward F. Eaton
Represented By: Henry E. Gallagher, Jr.
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Defendant: Komatsu America Corp.
Represented By: Denise Seastone Kraft
Represented By: Brian A. Biggs
Represented By: Katherine M Ruffing
Represented By: James F Reardon
Represented By: Paul Schmitt
Represented By: Laura D. Hatcher
Represented By: Adam I. Steene
Represented By: Erin E. Larson
Represented By: David H Bamberger
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Defendant: Ring Power Corporation
Represented By: Gerry A. Giurato
Represented By: Niels P. Murphy
Represented By: Dominick T. Gattuso
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Defendant: Associated Auction Services LLC doing business as Cat Auction Services
Represented By: Richard C. Landon
Represented By: Quentin R. Wittrock
Represented By: Kelly W. Hoversten
Represented By: Edward F. Eaton
Represented By: Henry E. Gallagher, Jr.
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