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:	U.S. 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. § 1 Antitrust Litigation
Jury Demanded By:	Both

Date Filed	Document Text
November 16, 2023	Filing 645 [SEALED] DECLARATION of Tim Frank re #641 Answering Briefs (D.I. #641 ; D.I. #636 ; D.I. #638 ), 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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Certificate of Service)(Stachel, Matthew) Modified on 11/17/2023 (nms).
November 16, 2023	Filing 644 [SEALED] DECLARATION of David E. Cole re Answering Briefs (D.I. #641 ; D.I. #636 ; D.I. #637 ), 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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Certificate of Service)(Stachel, Matthew) Modified on 11/17/2023 (nms).
November 16, 2023	Filing 643 [SEALED] DECLARATION of Danielle Morello, Esq. re #642 Answering Brief in Opposition, by Caterpillar Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service)(Baldwin, David) Modified on 11/17/2023 (nms).
November 16, 2023	Filing 642 [SEALED] ANSWERING BRIEF in Opposition re #606 MOTION to Exclude Certain Opinions of Caterpillar Inc.'s Expert Kevin M. Murphy, filed by Caterpillar Inc..Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 11/17/2023 (nms).
November 16, 2023	Filing 641 [SEALED] ANSWERING BRIEF in Opposition re #602 MOTION for Summary Judgment filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
November 16, 2023	Filing 640 DECLARATION of Robert Kravitz re #638 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Exhibit A)(Stachel, Matthew) Modified on 11/16/2023 (nms).
November 16, 2023	Filing 639 [SEALED] DECLARATION of David E. Cole re #638 Answering Brief in Opposition, by International Construction Products LLC. (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 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Certificate of Service)(Stachel, Matthew) Modified on 11/16/2023 (nms).
November 16, 2023	Filing 638 [SEALED] ANSWERING BRIEF in Opposition re #596 MOTION for Sanctions for Spoliation of Evidence filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
November 16, 2023	Filing 637 [SEALED] ANSWERING BRIEF in Opposition re #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
November 16, 2023	Filing 636 [SEALED] ANSWERING BRIEF in Opposition re #609 MOTION to Exclude the Testimony of Dr. Jeffrey Leitzinger filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
November 7, 2023	Filing 635 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding supplemental authority. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baldwin, David) Modified on 11/8/2023 (nms).
October 26, 2023	Filing 634 REDACTED VERSION of #597 Opening Brief in Support, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Appendix)(Baldwin, David) Modified on 10/26/2023 (nms).
October 25, 2023	Pro Hac Vice Attorney Danielle Morello 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. (mpb)
October 24, 2023	Filing 633 REDACTED VERSION of #605 Declaration,,, by Caterpillar Inc.. (Attachments: #1 Exhibit 42, #2 Exhibit 43, #3 Exhibit 44, #4 Exhibit 45, #5 Exhibit 46, #6 Exhibit 47, #7 Exhibit 48, #8 Exhibit 49, #9 Exhibit 50, #10 Exhibit 51, #11 Exhibit 52, #12 Exhibit 53, #13 Exhibit 54, #14 Exhibit 55, #15 Exhibit 56, #16 Exhibit 57, #17 Exhibit 58, #18 Exhibit 59, #19 Exhibit 60, #20 Exhibit 61, #21 Exhibit 62, #22 Exhibit 63, #23 Exhibit 64, #24 Exhibit 65, #25 Exhibit 66, #26 Exhibit 67, #27 Exhibit 68, #28 Exhibit 69, #29 Exhibit 70, #30 Exhibit 71, #31 Exhibit 72, #32 Exhibit 73, #33 Exhibit 74, #34 Exhibit 75, #35 Exhibit 76, #36 Exhibit 77, #37 Exhibit 78, #38 Exhibit 79, #39 Exhibit 80, #40 Exhibit 81, #41 Exhibit 82, #42 Certificate of Service)(Baldwin, David)
October 24, 2023	Filing 632 REDACTED VERSION of #604 Declaration, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Certificate of Service)(Baldwin, David) Modified on 10/25/2023 (nms).
October 24, 2023	Filing 631 REDACTED VERSION of #603 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)
October 24, 2023	Filing 630 REDACTED VERSION of #614 Declaration by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)
October 24, 2023	Filing 629 REDACTED VERSION of #613 Declaration,, by Caterpillar Inc.. (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 Certificate of Service)(Baldwin, David)
October 24, 2023	Filing 628 REDACTED VERSION of #610 Opening Brief in Support, by Caterpillar Inc.. (Baldwin, David)
October 24, 2023	Filing 627 REDACTED VERSION of #616 Declaration by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)
October 24, 2023	Filing 626 REDACTED VERSION of #615 Declaration,, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Certificate of Service)(Baldwin, David)
October 24, 2023	Filing 625 REDACTED VERSION of #612 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)
October 24, 2023	Filing 624 REDACTED VERSION of #611 Declaration, by International Construction Products LLC. (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 Certificate of Service)(Stachel, Matthew)
October 24, 2023	Filing 623 REDACTED VERSION of #607 Opening Brief in Support, by International Construction Products LLC. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
October 24, 2023	Filing 622 ORDER Granting #620 Motion for Extension of Time to Respond to Motion for Sanctions for Spoliation of Evidence (*Reset Briefing Schedule: re #596 MOTION for Sanctions for Spoliation of Evidence. Answering Brief due 11/17/2023). Signed by Judge Richard G. Andrews on 10/24/2023. (nms)
October 23, 2023	Filing 621 ANSWERING BRIEF in Opposition re #620 MOTION for Extension of Time to Respond to Motion for Sanctions for Spoliation of Evidence filed by Caterpillar Inc..Reply Brief due date per Local Rules is 10/30/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Text of Proposed Order)(McGivney, Peter)
October 23, 2023	Filing 620 MOTION for Extension of Time to Respond to Motion for Sanctions for Spoliation of Evidence - filed by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 7.1.1 Certification, #3 Proposed Order)(Stachel, Matthew) Modified on 10/23/2023 (nms).
October 20, 2023	Filing 619 ORAL ORDER: The redacted filing (D.I. #618 ) 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, or parts of it, that contains publicly available materials is prima facie evidence of bad faith. A revised redacted filing is DUE within five business days. Ordered by Judge Richard G. Andrews on 10/20/2023. (nms)
October 19, 2023	Filing 618 REDACTED VERSION of #597 Opening Brief in Support, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Appendix A)(McGivney, Peter) Modified on 10/20/2023 (nms).
October 19, 2023	Filing 617 REDACTED VERSION of #598 Declaration of Danielle Morello, Esq., by Caterpillar Inc.. (Baldwin, David) Modified on 10/20/2023 (nms).
October 18, 2023	CORRECTING ENTRY: The pdf for brief at D.I. #610 has been replaced with a corrected version per the Court's request. The caption on the filing has been corrected to reflect the brief is filed under seal. (nms)
October 18, 2023	CORRECTING ENTRY: The motion filed at D.I. #606 has been unsealed. Upon review it appears the filing was sealed in error. There is no notation in the caption of the filing that reflects the motion is confidential. The NEF for D.I. #606 has been regenerated. (nms)
October 17, 2023	Filing 616 [SEALED] DECLARATION of Danielle Morello, Esq. re #612 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 10/18/2023 (nms).
October 17, 2023	Filing 615 [SEALED] DECLARATION of Danielle Morello, Esq. re #612 Opening Brief in Support, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Certificate of Service)(Baldwin, David) Modified on 10/18/2023 (nms).
October 17, 2023	Filing 614 [SEALED] DECLARATION re #610 Opening Brief in Support, #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(McGivney, Peter)
October 17, 2023	Filing 613 [SEALED] DECLARATION re #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda , #610 Opening Brief in Support, by Caterpillar Inc.. (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 Certificate of Service)(McGivney, Peter)
October 17, 2023	Filing 612 [SEALED] OPENING BRIEF in Support re #609 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 10/31/2023. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 10/17/2023 (nms).
October 17, 2023	Filing 611 [SEALED] DECLARATION re #606 MOTION to Exclude Certain Opinions of Caterpillar Inc.'s Expert Kevin M. Murphy by International Construction Products LLC. (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 Certificate of Service)(Stachel, Matthew)
October 17, 2023	Filing 610 [SEALED] OPENING BRIEF in Support re #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 10/31/2023. (Attachments: #1 Certificate of Service)(McGivney, Peter) (Main Document 610 replaced on 10/18/2023) (nms).
October 17, 2023	Filing 609 MOTION to Exclude the Expert Testimony of Dr. Jeffrey Leitzinger - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order).(Baldwin, David) Modified on 10/17/2023 (nms). Modified on 10/17/2023 (nms).
October 17, 2023	Filing 608 MOTION to Exclude the Testimony of Mr. Mike Rhoda - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order).(McGivney, Peter) Modified on 10/17/2023 (nms).
October 17, 2023	Filing 607 [SEALED] OPENING BRIEF in Support re #606 MOTION to Exclude Certain Opinions of Caterpillar Inc.'s Expert Kevin M. Murphy filed by International Construction Products LLC.Answering Brief/Response due date per Local Rules is 10/31/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
October 17, 2023	Filing 606 MOTION to Exclude Certain Opinions of Caterpillar Inc.'s Expert Kevin M. Murphy - filed by International Construction Products LLC. (Attachments: #1 Proposed Order). (Stachel, Matthew) Modified on 10/17/2023 (nms). Modified on 10/18/2023 (nms).
October 17, 2023	Filing 605 [SEALED] DECLARATION of Danielle Morello, Esq. re #603 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Exhibit 42, #2 Exhibit 43, #3 Exhibit 44, #4 Exhibit 45, #5 Exhibit 46, #6 Exhibit 47, #7 Exhibit 48, #8 Exhibit 49, #9 Exhibit 50, #10 Exhibit 51, #11 Exhibit 52, #12 Exhibit 53, #13 Exhibit 54, #14 Exhibit 55, #15 Exhibit 56, #16 Exhibit 57, #17 Exhibit 58, #18 Exhibit 59, #19 Exhibit 60, #20 Exhibit 61, #21 Exhibit 62, #22 Exhibit 63, #23 Exhibit 64, #24 Exhibit 65, #25 Exhibit 66, #26 Exhibit 67, #27 Exhibit 68, #28 Exhibit 69, #29 Exhibit 70, #30 Exhibit 71, #31 Exhibit 72, #32 Exhibit 73, #33 Exhibit 74, #34 Exhibit 75, #35 Exhibit 76, #36 Exhibit 77, #37 Exhibit 78, #38 Exhibit 79, #39 Exhibit 80, #40 Exhibit 81, #41 Exhibit 82, #42 Certificate of Service)(Baldwin, David) Modified on 10/17/2023 (nms).
October 17, 2023	Filing 604 [SEALED] DECLARATION of Danielle Morello, Esq. re #603 Opening Brief in Support, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Certificate of Service)(Baldwin, David) Modified on 10/17/2023 (nms).
October 17, 2023	Filing 603 [SEALED] OPENING BRIEF in Support re #602 MOTION for Summary Judgment, filed by Caterpillar Inc.. Answering Brief/Response due date per Local Rules is 10/31/2023. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 10/17/2023 (nms).
October 17, 2023	Filing 602 MOTION for Summary Judgment - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order) (Baldwin, David) Modified on 10/17/2023 (nms).
October 17, 2023	Motions No Longer Referred: D.I. #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda, D.I. #609 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, D.I. #606 MOTION to Exclude Certain Opinions of Expert Kevin M. Murph. These motions were referred in error by CM/ECF. (nms)
October 16, 2023	Filing 601 RESPONSE to #591 Objections, by International Construction Products LLC. (Stachel, Matthew) Modified on 10/16/2023 (nms).
October 13, 2023	Filing 600 CERTIFICATE OF SERVICE for Declaration of Danielle Morello, Esq. (D.I. #598 ), by Caterpillar Inc.. (McGivney, Peter) Modified on 10/13/2023 (nms).
October 13, 2023	Filing 599 CERTIFICATE OF SERVICE for Opening Brief in Support of Its Motion for Sanctions for Spoliation of Evidence (D.I. #597 ), by Caterpillar Inc., (McGivney, Peter) Modified on 10/13/2023 (nms).
October 13, 2023	DEFICIENCY NOTICE by the Court issued to Caterpillar Inc. re #598 Sealed Declaration, and #597 Sealed Opening Brief in Support. Upon review it was determined these filings do not comply with Local Rule 5.2(b)(1). Defendant is requested to supplement the docket with a certificate of service for the filings. (nms)
October 12, 2023	Filing 598 [SEALED] DECLARATION of Danielle Morello, Esq. re #597 Opening Brief in Support, by Caterpillar Inc.. (Baldwin, David) Modified on 10/13/2023 (nms).
October 12, 2023	Filing 597 [SEALED] OPENING BRIEF in Support re #596 MOTION for Sanctions for Spoliation of Evidence, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 10/26/2023. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Appendix A)(Baldwin, David) Modified on 10/13/2023 (nms).
October 12, 2023	Filing 596 MOTION for Sanctions for Spoliation of Evidence - filed by Caterpillar Inc.. (Attachments: #1 7.1.1 Statement, #2 Proposed Order)(Baldwin, David) Modified on 10/13/2023 (nms).
October 10, 2023	Filing 595 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Amended and Supplemental Responses and Objections to Caterpillar Inc.'s Second and Third Set of Requests for Admission filed by International Construction Products LLC.(Stachel, Matthew)
October 9, 2023	Filing 594 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Second Amended Notice of Rule 30 Deposition of James M. Lyons filed by International Construction Products LLC.(Stachel, Matthew)
October 6, 2023	Filing 593 NOTICE to Take Deposition of Joe Frank on Monday, October 9, 2023 at 2:30 p.m. filed by Caterpillar Inc..(McGivney, Peter)
October 5, 2023	Filing 592 Official Transcript of Discovery Conference held on 9/18/23 before Judge Sherry Fallon. Court Reporter Deanna Warner, Email: [email protected]. 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 10/26/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/3/2024. (Warner, Deanna)
October 3, 2023	Remark: D.I. #582 has been unsealed. (lih)
October 2, 2023	Filing 591 OBJECTIONS to #582 Memorandum Order, by Caterpillar Inc.. (Attachments: #1 Certification of Counsel, #2 Proposed Order)(Baldwin, David) Modified on 10/2/2023 (nms).
October 2, 2023	Filing 590 SO ORDERED as Modified re #589 Stipulation and Proposed Order Amending Case Schedule (*Reset Deadlines: Dispositive and Daubert Motions due by 10/17/2023; Answering Briefs due by 11/16/2023; Reply Briefs due by 12/4/2023). Signed by Judge Richard G. Andrews on 10/2/2023. (nms)
October 2, 2023	Filing 589 STIPULATION and [Proposed] Order Amending Case Schedule by International Construction Products LLC. (Stachel, Matthew)
September 28, 2023	Filing 588 SO ORDERED Granting #587 Stipulation and Proposed Order Regarding Case Dispositive Motion Briefs. Signed by Judge Richard G. Andrews on 9/28/2023. (nms)
September 28, 2023	Filing 587 STIPULATION and Proposed Order Regarding Case Dispositive Motion Briefs, by Caterpillar Inc.. (Baldwin, David) Modified on 9/28/2023 (nms).
September 27, 2023	Filing 586 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Amended Notice of Rule 30 Deposition of James M. Lyons filed by International Construction Products LLC.(Stachel, Matthew)
September 25, 2023	Filing 585 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Notice of Rule 30 Deposition of James M. Lyons filed by International Construction Products LLC.(Stachel, Matthew)
September 21, 2023	Filing 584 REDACTED VERSION of #580 Letter, by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Stachel, Matthew) Modified on 9/22/2023 (nms).
September 20, 2023	Filing 583 REDACTED VERSION of #579 Letter,, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Certificate of Service)(Baldwin, David)
September 18, 2023	Filing 582 [SEALED] MEMORANDUM ORDER- re #573 Joint Motion for Teleconference to Resolve Discovery Dispute, #575 Letter, #576 Letter, #579 Letter and #580 Letter. Signed by Judge Sherry R. Fallon on 9/18/2023.This order has been emailed to local counsel. (lih)
September 18, 2023	Filing 581 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Notice of Rule 30 Deposition of Kevin Murphy filed by International Construction Products LLC.(Stachel, Matthew)
September 18, 2023	Minute Entry for proceedings held before Judge Sherry R. Fallon - Motion Hearing held on 9/18/2023 re #573 Joint Motion for Teleconference to Resolve Discovery Dispute. (Court Reporter D. Warner.) (lih)
September 15, 2023	NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #579 by no later that noon today. (lih)
September 14, 2023	Filing 580 [SEALED] Letter to the Honorable Sherry R. Fallon, from Matthew D. Stachel, regarding response to Defendant's September 13, 2023, letter. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Stachel, Matthew) Modified on 9/14/2023 (nms).
September 14, 2023	CORRECTING ENTRY: The certificate of service previously filed as D.I. 580 has been deleted and attached to D.I. #579 . Counsel is advised that certificates of service are to be filed as attachments and not separately filed. (lih)
September 13, 2023	Filing 579 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding discovery dispute. (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, #18 Exhibit 18)(Baldwin, David) (Additional attachment(s) added on 9/14/2023: #19 Certificate of Service) (lih). Modified on 9/14/2023 (lih).
September 13, 2023	Filing 578 REDACTED VERSION of #576 Letter, by Caterpillar Inc.. (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 Certificate of Service)(Baldwin, David)
September 12, 2023	Filing 577 REDACTED VERSION of #575 Letter, by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service, #6 Text of Proposed Order)(Stachel, Matthew)
September 6, 2023	Filing 576 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding response in opposition to request for an order to sequester documents (D.I. #575 ). (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 Certificate of Service)(McGivney, Peter) Modified on 9/6/2023 (nms).
September 5, 2023	Filing 575 [SEALED] Letter to the Honorable Sherry R. Fallon, from Matthew D. Stachel, regarding request for an order to sequester privileged documents. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order, #6 Certificate of Service)(Stachel, Matthew) Modified on 9/6/2023 (nms).
August 31, 2023	Filing 574 NOTICE OF SERVICE of Defendant Caterpillar, Inc.'s Expert Reports of Kevin M. Murphy and James M. Lyons filed by Caterpillar Inc..(Baldwin, David)
August 30, 2023	SO ORDERED, re #573 Joint Motion for Discovery Dispute Conference. An In-Person Discovery Dispute Motion Hearing is set for 9/18/2023 at 11:00 AM in Courtroom 6C 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 hearing and will, in that event, cancel the conference. The parties may submit opening and answering 4-page letter submissions on the claw back issue on or before close of business on September 5, 2023 and September 6, 2023, respectively, in accordance with the parties' proposal. The opening 4-page letter brief on the remaining discovery issues shall be due on or before close of business on September 13, 2023, and the responsive 4-page letter brief shall be due on or before close of business on September 14, 2023. Signed by Judge Sherry R. Fallon on 8/30/2023. (Polito, Rebecca)
August 29, 2023	Filing 573 Joint Motion for Teleconference to Resolve Discovery Dispute - filed by Caterpillar Inc.. Motions referred to Sherry R. Fallon.(McGivney, Peter) Modified on 8/29/2023 (nms).
August 22, 2023	Filing 572 NOTICE to Take Deposition of Mike Rhoda on August 30, 2023 at 9:00 a.m. ET filed by Caterpillar Inc..(Baldwin, David)
August 22, 2023	Filing 571 NOTICE to Take Deposition of Jeffrey Leitzinger, Ph.D. on August 25, 2023 at 12:00 p.m. ET (9:00 a.m. PT) filed by Caterpillar Inc..(Baldwin, David)
August 22, 2023	Filing 570 NOTICE of Change of Firm Affiliation for Danielle Morello by Caterpillar Inc. (Baldwin, David)
August 4, 2023	CORRECTING ENTRY: An incomplete redacted version of D.I. #567 was filed at D.I. #569 . The Court has supplemented D.I. #569 with a copy of the proposed order and certificate of service that originally accompanied D.I. #567 . (nms)
August 3, 2023	Filing 569 REDACTED VERSION of #567 Answering Brief in Opposition, by Caterpillar Inc.. (McGivney, Peter) Modified on 8/3/2023 (nms). (Additional attachment(s) added on 8/4/2023: #1 Proposed Order, #2 Certificate of Service) (nms).
August 3, 2023	CORRECTING ENTRY: The redacted brief filed at D.I. 569 on 8/2/2023, has been removed from the docket as it was filed using an incorrect code. Counsel is to refile the redacted brief using the "Redacted Document" filing code which will allow a link to be established to the sealed filing it relates to. (nms)
August 2, 2023	Filing 568 REPLY BRIEF re #563 MOTION for Leave to File Fourth Amended Complaint, filed by International Construction Products LLC. (Stachel, Matthew) Modified on 8/2/2023 (nms).
July 26, 2023	Filing 567 [SEALED] ANSWERING BRIEF in Opposition re #563 MOTION for Leave to File Fourth Amended Complaint filed by Caterpillar Inc..Reply Brief due date per Local Rules is 8/2/2023. (Attachments: #1 Proposed Order, #2 Certificate of Service)(McGivney, Peter)
July 19, 2023	Filing 566 REDACTED VERSION of #563 MOTION for Leave to File Fourth Amended Complaint, by International Construction Products LLC. (Attachments: #1 Fourth Amended Complaint, #2 Redline version, #3 Certificate of Service, #4 Proposed Order, #5 7.1.1 Statement)(Stachel, Matthew) Modified on 7/20/2023 (nms).
July 12, 2023	Set Answering Brief Deadline re #563 MOTION for Leave to File Fourth Amended Complaint. Answering Brief/Response due date per Local Rules is 7/26/2023. (nms)
July 12, 2023	Filing 565 NOTICE OF SERVICE of Plaintiff's Supplementation of Its Initial Disclosures filed by International Construction Products LLC.(Stachel, Matthew)
July 12, 2023	Filing 564 NOTICE OF SERVICE of Expert Report of Jeffrey Leitzinger, Ph.D. and Expert Report of Mike Rhoda filed by International Construction Products LLC.(Stachel, Matthew)
July 12, 2023	Filing 563 [SEALED] MOTION for Leave to File Fourth Amended Complaint- filed by International Construction Products LLC. (Attachments: #1 Amended Complaint, #2 Redline version, #3 Certificate of Service, #4 Proposed Order, #5 7.1.1 Certification)(Stachel, Matthew) Modified on 7/12/2023 (nms).
July 12, 2023	Filing 562 NOTICE OF SERVICE of Caterpillar's Rule 26(a)(1) Supplemental Initial Disclosures filed by Caterpillar Inc..(Baldwin, David)
July 12, 2023	CORRECTING ENTRY: The discovery filed at D.I. 562 has been removed from the docket pursuant to Local Rule 5.4(b). Counsel is requested to file a Notice of Service regarding the discovery. (nms)
July 11, 2023	Filing 561 NOTICE to Take Deposition of Joe Frank on July 12, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
July 11, 2023	Filing 560 SO ORDERED Granting #559 Stipulation and Proposed Order Amending Case Schedule. Signed by Judge Richard G. Andrews on 7/11/2023. (nms)
July 10, 2023	Filing 559 STIPULATION and Proposed Order Amending Case Schedule, by Caterpillar Inc.. (McGivney, Peter) Modified on 7/11/2023 (nms).
July 6, 2023	Filing 558 NOTICE to Take Deposition of Wes Lee on July 7, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
July 6, 2023	Filing 557 NOTICE to Take Deposition of Tim Frank on July 7, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
July 6, 2023	Filing 556 NOTICE to Take Deposition of Joe Hanneman on July 7, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 26, 2023	Filing 555 NOTICE to Take Deposition of Jim Teague on June 28, 2023 at 10:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)
June 22, 2023	Filing 554 NOTICE to Take Deposition of John Taaffe on Friday, June 23, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)
June 22, 2023	Filing 553 NOTICE to Take Deposition of Michelle Teague on Friday, June 23, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)
June 22, 2023	Filing 552 NOTICE to Take Deposition of John Johnson on Friday, June 23, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)
June 20, 2023	Filing 551 NOTICE to Take Deposition of Eric Teague on Wednesday, June 21, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)
June 20, 2023	Filing 550 NOTICE to Take Deposition of Matt Borum on Wednesday, June 21, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)
June 20, 2023	Filing 549 NOTICE to Take Deposition of Jean Willoughby on Wednesday, June 21, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)
June 15, 2023	Filing 548 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey H. Wood, Esq. - filed by Caterpillar Inc.. (Baldwin, David)
June 15, 2023	Pro Hac Vice Attorney Jeffrey H. Wood 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. (mpb)
June 15, 2023	SO ORDERED, re #548 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey H. Wood, Esq., filed by Caterpillar Inc. Signed by Judge Richard G. Andrews on 6/15/2023. (lah)
June 13, 2023	Filing 547 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Supplementation of Its Initial Disclosures filed by International Construction Products LLC.(Stachel, Matthew)
June 12, 2023	Filing 546 REDACTED VERSION of #541 Letter,, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Baldwin, David)
June 8, 2023	Filing 545 NOTICE to Take Deposition of Leah Joseph on Tuesday, June 13, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
June 7, 2023	Filing 544 REDACTED VERSION of #535 Letter, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Baldwin, David)
June 7, 2023	Filing 543 MOTION for Pro Hac Vice Appearance of Attorney Arpine S. Lawyer - filed by International Construction Products LLC. (Stachel, Matthew)
June 7, 2023	SO ORDERED, re #543 MOTION for Pro Hac Vice Appearance of Attorney Arpine S. Lawyer, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 6/7/2023. (nms)
June 6, 2023	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 #535 . (nms)
June 5, 2023	Filing 542 CERTIFICATE OF SERVICE for Letter (D.I. #541 ), by Caterpillar Inc.. (Baldwin, David) Modified on 6/5/2023 (nms).
June 5, 2023	Filing 541 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding revision to Caterpillar Inc.'s submission for June 1, 2023 teleconference. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Baldwin, David) Modified on 6/5/2023 (nms).
June 2, 2023	Filing 540 ORAL ORDER re #535 Letter: The Court having considered the parties' discovery dispute letter submissions (D.I. 535; D.I. 537), and having resolved Defendant's motion to compel during the June 1 discovery dispute teleconference, IT IS ORDERED that Defendant's motion to compel is GRANTED-IN-PART. The record before the Court shows that Joseph Frank is a co-owner of Plaintiff. (D.I. 537, Ex. A) Defendant has cited corporate documents describing Joseph Frank in his business role at the company, but his declaration also confirms that he served "the function of General Counsel" without compensation while working full-time at various law firms since Plaintiff's inception in 2013. (Id.; D.I. 535, Exs.) Joseph Frank's declaration does not apportion the amount of time he spent serving the function of General Counsel for Plaintiff, as compared to either the amount of time dedicated to his full-time legal employment or his business role at ICP. (D.I. 537, Ex. A) Defendant now seeks to obtain the custodial documents and a deposition of Joseph Frank, as well as disclosure of certain documents on the privilege logs which identify some involvement by Joseph Frank. The Court rules as follows: (1) Defendant's motion to compel the production of Joseph Frank's non-privileged custodial documents is DENIED without prejudice. Defendant was unable to show that a timely application was made for the designation of Joseph Frank as a custodian, and it was clear from the discussion during the June 1 teleconference that this issue was not properly vetted through the meet and confer process. (2) Defendant's motion to compel the deposition of Joseph Frank is GRANTED-IN-PART. Given Joseph Frank's vague and ill-defined role "serving the function of General Counsel" almost exclusively, the Court finds no reasonable basis to preclude Mr. Frank from testifying about Plaintiff's business. To the extent Plaintiff suggests the deposition would be cumulative or would invade privileged topics, those arguments are speculative and unripe. Defendant may depose Mr. Frank subject to the provisions of Fed. R. Civ. P. 30(c)(2) regarding objections, and within the deadlines or other limitations imposed in the operative scheduling order. (3) Defendant's motion to compel the production of certain withheld or redacted documents on Privilege Logs 1 and 2 is DENIED without prejudice. Defendant has not specifically identified what information it believes was improperly designated as privileged, and the parties have not engaged in a meaningful meet and confer on this issue. The parties are instructed to narrow the issue through the meet and confer process. The Court specifically DENIES Defendant's motion for disclosure of Privilege Log (Part 2) Entries 123 to 132, and any other similar entries which describe document collection and preservation efforts that are not required to be disclosed in accordance with the Court's Default Standard for Discovery at ¶ 1(d)(iii). Ordered by Judge Sherry R. Fallon on 6/2/2023. (lih)
June 1, 2023	Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Motion Hearing held on 6/1/2023 re #533 Joint Motion for Teleconference to Resolve Discovery Dispute filed by Caterpillar Inc.. (Court Reporter D. Warner.) (lih)
May 30, 2023	Filing 539 PROPOSED Order re #535 Letter, by Caterpillar Inc.. (Baldwin, David) Modified on 5/30/2023 (nms).
May 30, 2023	Filing 538 ORAL ORDER re #535 Letter: IT IS ORDERED that, on or before close of business on May 30, 2023, Defendant shall file a proposed form of Order outlining the relief requested in its discovery dispute letter submission in accordance with the Courts discovery dispute procedures found on the Court's website at ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Ordered by Judge Sherry R. Fallon on 5/30/2023. (lih)
May 26, 2023	Filing 537 Letter to the Honorable Sherry R. Fallon, from Matthew D. Stachel, regarding response to Caterpillar's motion to compel the deposition of Joseph Frank and to compel ICP to designate him as a document custodian. (Attachments: #1 Exhibit A)(Stachel, Matthew) Modified on 5/26/2023 (nms).
May 25, 2023	Filing 536 CERTIFICATE OF SERVICE for Letter (D.I. #535 ), by Caterpillar Inc. (McGivney, Peter) Modified on 5/25/2023 (nms).
May 25, 2023	Filing 535 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding Caterpillar Inc.'s submission for June 1, 2023 Teleconference to resolve discovery dispute. (Attachments: #1 Exhibits 1)(McGivney, Peter) Modified on 5/25/2023 (nms).
May 2, 2023	Filing 534 SO ORDERED- re #533 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 6/1/2023 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this teleconference 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 dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 5/25/2023, Responsive submission due by no later than 2:00 PM on 5/26/2023). Signed by Judge Sherry R. Fallon on 5/2/2023. (lih)
May 2, 2023	Filing 533 Joint Motion for Teleconference to Resolve Discovery Dispute - filed by Caterpillar Inc.. Motions referred to Sherry R. Fallon.(Baldwin, David) Modified on 5/2/2023 (nms).
May 2, 2023	Filing 532 SO ORDERED Granting as modified #531 Stipulation and Proposed Order to Extend the Case Schedule (*Reset Deadlines: Dispositive Motions due by 10/10/2023; a 5 7 day Jury Trial is set to start 4/5/2024, at 9:30 AM in Courtroom 6A; Pretrial Conference is set for 3/22/2024, at 9:00 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 5/2/2023. (nms)
May 2, 2023	Filing 531 STIPULATION and Proposed Order to Extend the Case Schedule, by Caterpillar Inc.. (Baldwin, David) Modified on 5/2/2023 (nms).
April 24, 2023	Filing 530 SUBPOENA Returned Executed as to John P. Taaffe on April 22, 2023 (McGivney, Peter)
April 18, 2023	Filing 529 NOTICE of Change of Firm Affiliation for Joseph A. Ostoyich, Esq. by Caterpillar Inc. (McGivney, Peter)
April 17, 2023	Filing 528 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Responses and Objections to Defendant Caterpillar Inc.'s Third Set of Requests for Admission (Nos. 19-22) filed by International Construction Products LLC.(Stachel, Matthew)
April 17, 2023	Filing 527 NOTICE OF SERVICE of Caterpillar, Inc.'s Objections to Plaintiff International Construction Products LLC's Notice of Rule 30(b)(6) Deposition and Responses and Objections of Non-Party Liquidity Services Inc. to Notice of Deposition and Subpoena Issued by Defendant Caterpillar, Inc. filed by Caterpillar Inc..(Baldwin, David)
April 17, 2023	Filing 526 MEMORANDUM ORDER: The Motion for Certification of Interlocutory Appeal (D.I. #463 ) is DENIED. Signed by Judge Richard G. Andrews on 4/17/2023. (nms)
April 14, 2023	Filing 525 NOTICE OF SERVICE of Subpoena Ad Testificandum Directed to John P. Taaffee filed by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 4/17/2023 (nms).
April 14, 2023	Filing 524 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Responses and Objections to Defendant Caterpillar Inc's Second Set of Requests for Admission (Nos. 3-18) filed by International Construction Products LLC.(Stachel, Matthew)
April 4, 2023	Filing 523 SO ORDERED Granting #522 Stipulation Regarding Certain Fact Discovery. Signed by Judge Richard G. Andrews on 4/4/2023. (nms)
April 3, 2023	Filing 522 STIPULATION Regarding Certain Fact Discovery, by Caterpillar Inc.. (Baldwin, David) Modified on 4/4/2023 (nms).
March 31, 2023	Filing 521 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding notice of no objection to ICP's proposals. (Attachments: #1 Exhibit A)(McGivney, Peter) Modified on 4/3/2023 (nms).
March 30, 2023	Filing 520 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Responses and Objections to Defendant Caterpillar Inc's Rule 30(b)(6) Notice filed by International Construction Products LLC.(Stachel, Matthew)
March 24, 2023	Filing 519 NOTICE of Subpoena to Liquidity Services, Inc., by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 3/27/2023 (nms).
March 24, 2023	Filing 518 NOTICE to Take Deposition of Liquidity Services, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) on April 3, 2023 at 10:00 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 20, 2023	Filing 517 MOTION for Pro Hac Vice Appearance of Attorney Robert N. Kravitz - filed by International Construction Products LLC. (Stachel, Matthew)
March 20, 2023	SO ORDERED, re #517 MOTION for Pro Hac Vice Appearance of Attorney Robert N. Kravitz, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 3/20/2023. (nms)
March 17, 2023	Filing 516 NOTICE OF SERVICE of Caterpillar's Third Requests For Admission To Plaintiff International Construction Products LLC filed by Caterpillar Inc..(Baldwin, David)
March 16, 2023	Filing 515 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Notice of Rule 30(b)(6) Deposition of Caterpillar, Inc. filed by International Construction Products LLC.(Stachel, Matthew)
March 15, 2023	Filing 514 NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Supplemental Objections and Responses to Plaintiff's Fourth Set of Interrogatories filed by Caterpillar Inc..(Baldwin, David)
March 15, 2023	Filing 513 NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Second Requests for Admission to Plaintiff International Construction Products LLC filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 512 NOTICE to Take Deposition of 30(b)(6) Deposition of Plaintiff International Construction Products, LLC filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 511 NOTICE to Take Deposition of Tim Frank on April 3, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 510 NOTICE to Take Deposition of Joe Hanneman on March 31, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 509 NOTICE to Take Deposition of Wes Lee on March 30, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 508 NOTICE to Take Deposition of Matt Borum on March 29, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 507 NOTICE to Take Deposition of Leah Joseph on March 28, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 506 NOTICE to Take Deposition of John Taaffe on March 27, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 505 NOTICE to Take Deposition of John Johnson on March 24, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 504 NOTICE to Take Deposition of Joe Frank on March 23, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 503 NOTICE to Take Deposition of Jim Teague on March 22, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 502 NOTICE to Take Deposition of Jean Willoughby on March 21, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 501 NOTICE to Take Deposition of Michelle Teague on March 20, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
March 9, 2023	Filing 500 NOTICE to Take Deposition of Eric Teague on March 20, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)
February 9, 2023	Filing 499 NOTICE OF SERVICE of Subpoena upon XCMG America Inc., filed by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/10/2023 (nms).
February 9, 2023	Filing 498 NOTICE OF SERVICE of Subpoena upon Sunward America Inc., LLC filed by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/10/2023 (nms).
February 9, 2023	Filing 497 NOTICE OF SERVICE of Subpoena upon Shantui America Corp. filed by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/10/2023 (nms).
February 9, 2023	Filing 496 NOTICE of Subpoena to Sunward America Corp., by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/9/2023 (nms).
February 9, 2023	Filing 495 NOTICE of Subpoena to Sunward Financial, LLC by Caterpillar Inc..(Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/9/2023 (nms).
January 27, 2023	Filing 494 NOTICE of Subpoena to Sundward Financial Corporation, by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 1/27/2023 (nms).
January 27, 2023	Filing 493 NOTICE of Subpoena to XCMG America Inc., by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 1/27/2023 (nms).
January 27, 2023	Filing 492 NOTICE of Subpoena to Shantui America Corp., by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 1/27/2023 (nms).
January 19, 2023	Filing 491 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Objections and Responses to Caterpillar Inc.'s Third Set of Requests for Production of Documents (Nos. 1 - 28) filed by International Construction Products LLC.(Stachel, Matthew)
January 17, 2023	Filing 490 ORDER- GRANTING #485 MOTION for Issuance of a Hague Convention Letter of Request. Signed by Judge Sherry R. Fallon on 1/17/2023. (lih)
January 17, 2023	Filing 489 ORAL ORDER re D.I. #484 Letter; D.I. #487 Letter: Having reviewed the parties' discovery dispute letter submissions (D.I. 484; D.I. 487), IT IS ORDERED that (1) ICP's motion to compel Caterpillar to produce documents responsive to Request for Production Nos. 1, 4, 6-16, and 20, consistent with ICP's proposed compromise definition of "Heavy Construction Equipment," i.e., "the types of equipment publicly sold" by the manufacturer, is GRANTED-IN-PART. ICP's motion is GRANTED with respect to documents on equipment ICP offered for sale from Lonking because there is no dispute that this discovery is relevant and limited in scope. (D.I. 487 at 1) ICP's motion is also GRANTED with respect to documents regarding equipment from Shantui, Sunward, and Xuzhou because the IronPlanet contract identifies ICP as an authorized reseller of equipment for these manufacturers, and the record confirms that ICP was in discussions with these manufacturers to sell their equipment. (D.I. 487, Ex. A at Ex. A; D.I. 484, Ex. 7 at 126:13-17; D.I. 246 at ¶¶ 80-82) ICP's motion is DENIED without prejudice to the extent that ICP seeks documents on equipment manufactured by KOMAC, Tabe, SANY, and LiuGong, because ICP is not identified as an authorized reseller for these manufacturers in the IronPlanet contract and the manufacturers were not addressed in the 30(b)(6) testimony. Caterpillar's counterproposal for a definition of "Heavy Construction Equipment," which would limit the requested discovery to documents on equipment offered for sale by ICP from a single manufacturer, is too narrow and would carve out relevant discovery on equipment ICP would have been likely to sell, if not for the alleged conspiratorial conduct. The record shows that Caterpillar's own discovery requests sought a broader scope of discovery than what it now proposes serving in response to ICP's requests. (D.I. 484, Ex. 6 at ¶¶ 8, 25) (2) ICP's motion to compel Caterpillar to produce documents responsive to Request for Production Nos. 8 and 10 is DENIED without prejudice. Caterpillar has shown that responding to these requests would be unduly burdensome, requiring the review of millions of pages of material and document translations. This burden is not proportional to the stated relevance of the information, and the requests are not sufficiently tailored to ICP's damages theories. ICP represents in overly general terms that the discovery is relevant to antitrust injury by contrasting competition between Chinese manufacturers' products and Caterpillar's products in the U.S. with their competition in foreign markets. (D.I. 484 at 4) But the operative pleading confirms that "[t]he relevant geographic market is no broader than the United States," (D.I. 246 at ¶ 35), and at least two of the entities identified in Request for Production No. 10 are not Chinese manufacturers, (id. at ¶¶ 83-84). IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for January 17, 2023 at 3:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 1/17/2023. (lih)
January 17, 2023	CORRECTING ENTRY: Pursuant to conversation with the filer, D.I. 485 has been replaced with a revised version of the filing. (lih)
January 13, 2023	Filing 488 7.1.1 Statement re #485 MOTION for Issuance of a Hague Convention Letter of Request, by Caterpillar Inc.. (Baldwin, David) Modified on 1/13/2023 (nms).
January 12, 2023	Filing 487 Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, regarding discovery dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(McGivney, Peter) Modified on 1/13/2023 (nms).
January 12, 2023	Filing 486 ORAL ORDER: The Motion for Issuance of a Hague Convention Letter of Request (D.I. #485 ) is now REFERRED to Magistrate Judge Sherry R. Fallon. Ordered by Judge Richard G. Andrews on 1/12/2023. Motions referred to Sherry R. Fallon.(nms)
January 12, 2023	LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averment by counsel for DI #485 . Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (nms)
January 11, 2023	Filing 485 MOTION for Issuance of a Hague Convention Letter of Request - filed by Caterpillar Inc.. (Attachments: #1 Letter of Request, #2 Attachment A)Motions referred to Sherry R. Fallon.(Baldwin, David) Modified on 1/11/2023 (nms).
January 11, 2023	Filing 484 Letter to The Honorable Sherry R. Fallon from Matthew D. Stachel regarding Discovery dispute. (Attachments: #1 Text of 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)(Stachel, Matthew)
January 9, 2023	Filing 483 NOTICE OF SERVICE of Subpoena to Liquidity Services, Inc., filed by Caterpillar Inc.. (Attachments: #1 Exhibit A)(McGivney, Peter) Modified on 1/9/2023 (nms).
January 9, 2023	Filing 482 NOTICE OF SERVICE of Subpoena to Sany America, Inc., filed by Caterpillar Inc.. (Attachments: #1 Exhibit A)(McGivney, Peter) Modified on 1/9/2023 (nms).
January 3, 2023	Filing 481 NOTICE OF SERVICE of Defendant Caterpillar, Inc.s Objections and Responses to Plaintiffs Fourth Set of Interrogatories filed by Caterpillar Inc..(McGivney, Peter)
January 3, 2023	Filing 480 SO ORDERED- re #479 Joint Motion for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 1/17/2023 at 03:00 PM Telephonically 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 dispute 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 1/11/2023, Responsive submission due by no later than 11:00 AM on 1/12/2023). Signed by Judge Sherry R. Fallon on 1/3/2023. (lih)
December 30, 2022	Filing 479 Joint Motion for Teleconference to Resolve Discovery Dispute - filed by International Construction Products LLC. Motions referred to Sherry R. Fallon.(Stachel, Matthew) Modified on 1/2/2023 (nms).
December 20, 2022	Filing 478 NOTICE of Subpoena to Sany America, Inc., by Caterpillar Inc.. (Attachments: #1 Exhibit)(Baldwin, David) Modified on 12/21/2022 (nms).
December 20, 2022	Filing 477 NOTICE of Subpoena to Liquidity Services, Inc., by Caterpillar Inc.. (Attachments: #1 Exhibit)(Baldwin, David) Modified on 12/21/2022 (nms).
December 20, 2022	Filing 476 NOTICE OF SERVICE of Third Set of Requests for Production of Documents to International Construction Products LLC, filed by Caterpillar Inc..(Baldwin, David) Modified on 12/21/2022 (nms).
December 9, 2022	Filing 475 ORAL ORDER: The Motion for Stay of Discovery (D.I. #462 ) is DENIED. Ordered by Judge Richard G. Andrews on 12/9/2022. (nms)
December 2, 2022	Filing 474 NOTICE OF SERVICE of Defendant Caterpillar, Inc.s Supplemental Objections and Responses to Plaintiffs Third Set of Interrogatories to Caterpillar, Inc. filed by Caterpillar Inc..(McGivney, Peter)
December 2, 2022	Filing 473 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Fourth Set of Interrogatories to Defendant Caterpillar Inc. filed by International Construction Products LLC.(Stachel, Matthew)
November 16, 2022	Filing 472 NOTICE OF SERVICE of Defendant Caterpillar, Inc.s Objections and Responses to Plaintiffs Fourth Set of Requests for Production of Documents filed by Caterpillar Inc..(McGivney, Peter)
November 7, 2022	Filing 471 REPLY Brief in further support re #463 MOTION for Certification of Interlocutory Appeal, filed by Caterpillar Inc.. (Baldwin, David) Modified on 11/7/2022 (nms).
November 7, 2022	Filing 470 REPLY Brief in further support re #462 MOTION for Stay of Discovery, filed by Caterpillar Inc.. (Baldwin, David) Modified on 11/7/2022 (nms).
October 31, 2022	Filing 469 ANSWERING BRIEF in Opposition re #462 MOTION for Stay of Discovery filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/7/2022. (Stachel, Matthew)
October 31, 2022	Filing 468 ANSWERING BRIEF in Opposition re #463 MOTION for Certification of Interlocutory Appeal filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/7/2022. (Stachel, Matthew)
October 20, 2022	Filing 467 SO ORDERED Granting Third Amended Stipulated Scheduling Order: Fact Discovery completed by 4/3/2023, Dispositive Motions due by 8/11/2023, A Jury Trial is set to start 2/5/2024, at 9:30 AM in Courtroom 6A, A Pretrial Conference is set for 1/19/2024, at 9:00 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 10/20/2022. (nms)
October 19, 2022	Filing 466 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding joint submission of Third Amended Stipulation and [Proposed] Scheduling Order. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 10/19/2022 (nms).
October 17, 2022	Set Answering Brief Deadline re #462 MOTION for Stay of Discovery. Answering Brief/Response due date per Local Rules is 10/31/2022. (nms)
October 17, 2022	Filing 465 OPENING BRIEF in Support re #463 MOTION for Certification of Interlocutory Appeal, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 10/31/2022. (Attachments: #1 Attachment 1)(McGivney, Peter) Modified on 10/18/2022 (nms). Modified on 10/18/2022 (nms).
October 17, 2022	Filing 464 DECLARATION of David J. Baldwin re #463 MOTION for Certification of Interlocutory Appeal, and #462 MOTION to Stay, by Caterpillar Inc.. (McGivney, Peter) Modified on 10/18/2022 (nms).
October 17, 2022	Filing 463 MOTION for Certification of Interlocutory Appeal - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(McGivney, Peter) Modified on 10/18/2022 (nms).
October 17, 2022	Filing 462 MOTION for Stay of Discovery - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(McGivney, Peter) Modified on 10/18/2022 (nms). Modified on 10/18/2022 (nms).
October 17, 2022	Filing 461 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Fourth Set of Requests for the Production of Documents to Defendant Caterpillar Inc. filed by International Construction Products LLC.(Stachel, Matthew)
October 5, 2022	Filing 460 ORAL ORDER: The schedule (D.I. #459 ) is approved, except that the court will set a definite PTC and trial date, and we need a form of order for that schedule. The schedule will go forward regardless of whether Caterpillar files any motions. Ordered by Judge Richard G. Andrews on 10/5/2022. (nms)
October 4, 2022	Filing 459 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding status. (McGivney, Peter) Modified on 10/5/2022 (nms).
September 29, 2022	Filing 458 ORAL ORDER: A joint status report is due no later than five (5) days from the date of this Order. Ordered by Judge Richard G. Andrews on 9/29/2022. (nms)
September 26, 2022	Filing 457 ORDER: Komatsu's motion for summary judgment (D.I. #394 ) is GRANTED. Caterpillar's motions for summary judgment (D.I. #390 ) and to exclude the testimony of Dr. Leitzinger (D.I. #392 ) are DENIED. Signed by Judge Richard G. Andrews on 9/26/2022. (nms)
September 26, 2022	Filing 456 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 9/26/2022. (nms)
September 1, 2022	Filing 455 Official Transcript of Oral Argument held on 8/18/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: [email protected]. 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 9/22/2022. Redacted Transcript Deadline set for 10/3/2022. Release of Transcript Restriction set for 11/30/2022. (Triozzi, Heather)
August 25, 2022	Filing 454 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding demonstrative ICP proffered during the August 18 Hearing and response to ICP's August 23 Letter (D.I. #452 ). (McGivney, Peter) Modified on 8/26/2022 (nms).
August 24, 2022	Filing 453 Letter to The Honorable Richard G. Andrews, from Stephanie E. O'Byrne, Esq., regarding response to 8/23/22 Letter (D.I. #452 ). (O'Byrne, Stephanie) Modified on 8/24/2022 (nms).
August 23, 2022	Filing 452 Letter to Judge Richard G. Andrews from Matthew D. Stachel regarding Phone Records. (Stachel, Matthew)
August 18, 2022	Minute Entry for proceedings held before Judge Richard G. Andrews - Hearing on the motions for summary judgment held on 8/18/2022. Counsel for Plaintiff: M. Satchel. Counsel for Defendants: S. O'Byrne, D. Baldwin. (Court Reporter Heather Triozzi.) (lah)
August 17, 2022	Filing 451 SUR-REPLY BRIEF re #390 MOTION for Summary Judgment, and #394 MOTION for Summary Judgment, filed by International Construction Products LLC. (nms)
August 17, 2022	Filing 450 ORAL ORDER: The motion for leave to file a sur-reply brief (D.I. #444 ) is GRANTED. Ordered by Judge Richard G. Andrews on 8/17/2022. (nms)
July 21, 2022	Filing 449 ORAL ORDER: A hearing on the motions for summary judgment (D.I. #390 ; D.I. #394 ) is now set for 8/18/2022, at 2:00 PM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 7/21/2022. (nms)
February 18, 2022	Filing 448 REPLY re #444 MOTION for Leave to File a Sur-Reply Brief, filed by International Construction Products LLC. (Stachel, Matthew) Modified on 2/18/2022 (nms).
February 16, 2022	Filing 447 ANSWERING BRIEF in Opposition re #444 MOTION for Leave to File a Sur-Reply Brief, filed by Caterpillar Inc..Reply Brief due date per Local Rules is 2/23/2022. (Baldwin, David) Modified on 2/17/2022 (nms).
February 16, 2022	Filing 446 ANSWERING BRIEF in Opposition re #444 MOTION for Leave to File a Sur-Reply Brief, filed by Komatsu America Corp..Reply Brief due date per Local Rules is 2/23/2022. (Biggs, Brian) Modified on 2/17/2022 (nms).
February 15, 2022	Filing 445 ORAL ORDER: The Magistrate Judge resolved a discovery dispute with an order. (D.I. 378 ). Plaintiff objects. (D.I. #377 ). Defendant Caterpillar responds. (D.I. #380 ). I review the ruling for abuse of discretion. Since I dont think the Magistrate Judge abused her discretion, Plaintiffs Objections are OVERRULED. The Magistrate Judges ruling is UPHELD. Ordered by Judge Richard G. Andrews on 2/15/2022. (nms)
February 9, 2022	Set Answering Brief Deadline re #444 MOTION for Leave to File a Sur-Reply Brief. Answering Brief/Response due date per Local Rules is 2/23/2022. (nms)
February 9, 2022	Filing 444 MOTION for Leave to File a Sur-Reply Brief - filed by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Stachel, Matthew) Modified on 2/10/2022 (nms).
February 8, 2022	Filing 443 REDACTED VERSION of #434 Supplemental Declaration of Paul D. Schmitt, by Komatsu America Corp.. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF, #7 Certificate of Service)(Biggs, Brian) Modified on 2/9/2022 (nms).
February 8, 2022	Filing 442 REDACTED VERSION of #432 Reply Brief, by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Biggs, Brian) Modified on 2/9/2022 (nms).
February 8, 2022	Filing 441 REDACTED VERSION of #433 Reply Brief, by Caterpillar Inc.. (Baldwin, David) Modified on 2/8/2022 (nms).
February 7, 2022	Filing 440 REQUEST for Oral Argument by Caterpillar Inc. re #390 MOTION for Summary Judgment, #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger. (Baldwin, David)
February 3, 2022	Filing 439 Letter to The Honorable Richard G. Andrews, from Brian A. Biggs, regarding request for oral argument for Motion for Summary Judgment (D.I. #394 ). (Biggs, Brian) Modified on 2/3/2022 (nms).
February 2, 2022	CORRECTING ENTRY: The pdf for the brief filed at D.I. #433 has been replaced with an amended version. Minor formatting issues have been corrected. (nms)
February 1, 2022	Filing 438 Joinder in #436 Reply Brief - filed by Komatsu America Corp.. (Biggs, Brian) Modified on 2/2/2022 (nms).
February 1, 2022	Filing 437 APPENDIX re #436 Reply Brief, by Caterpillar Inc.. (Baldwin, David) Modified on 2/2/2022 (nms).
February 1, 2022	Filing 436 REPLY BRIEF re #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, filed by Caterpillar Inc.. (Baldwin, David) Modified on 2/2/2022 (nms).
February 1, 2022	Filing 435 DECLARATION of Adam Dec re #433 Reply Brief, by Caterpillar Inc.. (Attachments: #1 Exhibits 43-45)(Baldwin, David) Modified on 2/2/2022 (nms).
February 1, 2022	Filing 434 [SEALED] Supplemental Declaration of Paul D. Schmitt re #394 MOTION for Summary Judgment, by Komatsu America Corp.. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF, #7 Certificate of Service)(Biggs, Brian) Modified on 2/1/2022 (nms).
February 1, 2022	Filing 433 [SEALED] REPLY BRIEF re #390 MOTION for Summary Judgment, filed by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 2/1/2022 (nms). (Main Document 433 replaced on 2/2/2022) (nms).
February 1, 2022	Filing 432 [SEALED] REPLY BRIEF re #394 MOTION for Summary Judgment, filed by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Biggs, Brian) Modified on 2/1/2022 (nms).
January 27, 2022	Filing 431 REDACTED VERSION of #429 Declaration, 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, #18 Exhibit-18, #19 Exhibit-19, #20 Exhibit-20, #21 Exhibit-21, #22 Exhibit-22, #23 Exhibit-23, #24 Exhibit-24, #25 Exhibit-25, #26 Exhibit-26, #27 Exhibit-27, #28 Exhibit-28, #29 Exhibit-29, #30 Exhibit-30, #31 Exhibit-31, #32 Exhibit-32, #33 Exhibit-33, #34 Exhibit-34, #35 Exhibit-35, #36 Exhibit-36, #37 Exhibit-37, #38 Exhibit-38, #39 Exhibit-39, #40 Exhibit-40, #41 Exhibit-41, #42 Exhibit-42, #43 Exhibit-43, #44 Exhibit-44, #45 Exhibit-45, #46 Exhibit-46, #47 Exhibit-47, #48 Exhibit-48, #49 Exhibit-49, #50 Exhibit-50, #51 Exhibit-51, #52 Exhibit-52, #53 Exhibit-53, #54 Exhibit-54, #55 Exhibit-55, #56 Exhibit-56, #57 Exhibit-57, #58 Exhibit-58, #59 Exhibit-59, #60 Exhibit-60, #61 Exhibit-61, #62 Exhibit-62, #63 Exhibit-63, #64 Certificate of Service)(Stachel, Matthew) Modified on 1/27/2022 (nms).
January 27, 2022	Filing 430 AMENDED REDACTED VERSION of #416 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Certificate of Service)(Stachel, Matthew) Modified on 1/27/2022 (nms).
January 26, 2022	Filing 429 [SEALED] DECLARATION of David E. Cole re #416 Answering Brief in Opposition, 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, #18 Exhibit-18, #19 Exhibit-19, #20 Exhibit-20, #21 Exhibit-21, #22 Exhibit-22, #23 Exhibit-23, #24 Exhibit-24, #25 Exhibit-25, #26 Exhibit-26, #27 Exhibit-27, #28 Exhibit-28, #29 Exhibit-29, #30 Exhibit-30, #31 Exhibit-31, #32 Exhibit-32, #33 Exhibit-33, #34 Exhibit-34, #35 Exhibit-35, #36 Exhibit-36, #37 Exhibit-37, #38 Exhibit-38, #39 Exhibit-39, #40 Exhibit-40, #41 Exhibit-41, #42 Exhibit-42, #43 Exhibit-43, #44 Exhibit-44, #45 Exhibit-45, #46 Exhibit-46, #47 Exhibit-47, #48 Exhibit-48, #49 Exhibit-49, #50 Exhibit-50, #51 Exhibit-51, #52 Exhibit-52, #53 Exhibit-53, #54 Exhibit-54, #55 Exhibit-55, #56 Exhibit-56, #57 Exhibit-57, #58 Exhibit-58, #59 Exhibit-59, #60 Exhibit-60, #61 Exhibit-61, #62 Exhibit-62, #63 Exhibit-63, #64 Certificate of Service)(Stachel, Matthew) Modified on 1/26/2022 (nms).
January 26, 2022	CORRECTING ENTRY: The sealed declaration filed at D.I. 417 and its companion redacted filing at D.I. 426 have been removed from the docket. Counsel advised that exhibits were inadverantly omitted from the declaration at the original time of filing (1/14/2022). Plaintiff will refile the declaration and redacted version shortly. (nms)
January 26, 2022	CORRECTING ENTRY: The pdfs at D.I. 416 have been replaced per the filer's request. Citations to exhibits have been corrected. (nms)
January 26, 2022	Motions No Longer Referred: #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger (nms)
January 21, 2022	Filing 428 REDACTED VERSION of #419 Declaration, by International Construction Products LLC. (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 Part 1, #13 Exhibit L Part 2, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit AB, #30 Exhibit AC, #31 Exhibit AD, #32 Exhibit AE, #33 Exhibit AF, #34 Exhibit AG, #35 Exhibit AH, #36 Exhibit AI, #37 Exhibit AJ, #38 Exhibit AK, #39 Exhibit AL, #40 Exhibit AM, #41 Exhibit AN, #42 Exhibit AO, #43 Exhibit AP, #44 Exhibit AQ, #45 Exhibit AR, #46 Exhibit AS, #47 Exhibit AT, #48 Exhibit AU, #49 Exhibit AV, #50 Exhibit AW, #51 Exhibit AX, #52 Exhibit AY, #53 Exhibit AZ, #54 Exhibit BA, #55 Exhibit BB, #56 Exhibit BC, #57 Exhibit BD, #58 Exhibit BE, #59 Exhibit BF, #60 Exhibit BG, #61 Exhibit BH, #62 Exhibit BI, #63 Exhibit BJ, #64 Exhibit BK, #65 Exhibit BL, #66 Exhibit BM, #67 Exhibit BN, #68 Exhibit BO, #69 Exhibit BP, #70 Exhibit BQ, #71 Exhibit BR, #72 Exhibit BS, #73 Exhibit BT, #74 Exhibit BU, #75 Exhibit BV, #76 Exhibit BW, #77 Exhibit BX, #78 Exhibit BY, #79 Exhibit BZ, #80 Exhibit CA, #81 Exhibit CB, #82 Exhibit CC, #83 Exhibit CD, #84 Exhibit CE, #85 Exhibit CF, #86 Exhibit CG, #87 Exhibit CH, #88 Exhibit CI, #89 Exhibit CJ, #90 Exhibit CK, #91 Exhibit CL)(Stachel, Matthew) Modified on 1/24/2022 (nms).
January 21, 2022	Filing 427 REDACTED VERSION of #418 Answering Brief in Opposition, by International Construction Products LLC. (Stachel, Matthew)
January 21, 2022	Filing 425 REDACTED VERSION of #416 Answering Brief in Opposition, by International Construction Products LLC. (Stachel, Matthew)
January 21, 2022	Filing 424 REDACTED VERSION of #415 Declaration by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stachel, Matthew)
January 21, 2022	Filing 423 REDACTED VERSION of #414 Answering Brief in Opposition, by International Construction Products LLC. (Stachel, Matthew)
January 18, 2022	Filing 422 REQUEST for Oral Argument re #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, by International Construction Products LLC . (Stachel, Matthew) Modified on 1/19/2022 (nms).
January 18, 2022	Filing 421 REQUEST for Oral Argument by International Construction Products LLC re #394 MOTION for Summary Judgment. (Stachel, Matthew)
January 18, 2022	Filing 420 REQUEST for Oral Argument by International Construction Products LLC re #390 MOTION for Summary Judgment. (Stachel, Matthew)
January 14, 2022	Filing 419 [SEALED] DECLARATION re #418 Answering Brief in Opposition, by International Construction Products LLC. (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 part 1, #13 Exhibit L part 2, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit AB, #30 Exhibit AC, #31 Exhibit AD, #32 Exhibit AE, #33 Exhibit AF, #34 Exhibit AG, #35 Exhibit AH, #36 Exhibit AI, #37 Exhibit AJ, #38 Exhibit AK, #39 Exhibit AL, #40 Exhibit AM, #41 Exhibit AN, #42 Exhibit AO, #43 Exhibit AP, #44 Exhibit AQ, #45 Exhibit AR, #46 Exhibit AS, #47 Exhibit AT, #48 Exhibit AU, #49 Exhibit AV, #50 Exhibit AW, #51 Exhibit AX, #52 Exhibit AY, #53 Exhibit AZ, #54 Exhibit BA, #55 Exhibit BB, #56 Exhibit BC, #57 Exhibit BD, #58 Exhibit BE, #59 Exhibit BF, #60 Exhibit BG, #61 Exhibit BH, #62 Exhibit BI, #63 Exhibit BJ, #64 Exhibit BK, #65 Exhibit BL, #66 Exhibit BM, #67 Exhibit BN, #68 Exhibit BO, #69 Exhibit BP, #70 Exhibit BQ, #71 Exhibit BR, #72 Exhibit BS, #73 Exhibit BT, #74 Exhibit BU, #75 Exhibit BV, #76 Exhibit BW, #77 Exhibit BX, #78 Exhibit BY, #79 Exhibit BZ, #80 Exhibit CA, #81 Exhibit CB, #82 Exhibit CC, #83 Exhibit CD, #84 Exhibit CE, #85 Exhibit CF, #86 Exhibit CG, #87 Exhibit CH, #88 Exhibit CI, #89 Exhibit CJ, #90 Exhibit CK, #91 Exhibit CL, #92 Certificate of Service)(Stachel, Matthew)
January 14, 2022	Filing 418 [SEALED] ANSWERING BRIEF in Opposition re #390 MOTION for Summary Judgment filed by International Construction Products LLC.Reply Brief due date per Local Rules is 1/21/2022. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
January 14, 2022	Filing 417 [SEALED] DECLARATION re #416 Answering Brief in Opposition, 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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Certificate of Service)(Stachel, Matthew)
January 14, 2022	Filing 416 [SEALED] ANSWERING BRIEF in Opposition re #394 MOTION for Summary Judgment filed by International Construction Products LLC.Reply Brief due date per Local Rules is 1/21/2022. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
January 14, 2022	Filing 415 [SEALED] DECLARATION re #414 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Stachel, Matthew)
January 14, 2022	Filing 414 [SEALED] ANSWERING BRIEF in Opposition re #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger filed by International Construction Products LLC.Reply Brief due date per Local Rules is 1/21/2022. (Attachments: #1 Certificate of Service)(Stachel, Matthew)
January 12, 2022	Filing 413 NOTICE of Withdrawal of Randall W. Bryer as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)
January 5, 2022	Filing 412 Amended Stipulation and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 1/5/2022 (nms).
January 5, 2022	SO ORDERED, re #412 Amended Stipulation and Proposed Scheduling Order. Signed by Judge Richard G. Andrews on 1/5/2022. (nms)
December 30, 2021	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	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	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	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	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	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	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	Filing 405 DECLARATION in Support of #404 Redacted Document, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).
December 17, 2021	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	Filing 403 REDACTED VERSION of #393 Opening Brief in Support, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).
December 17, 2021	Filing 402 DECLARATION in Support of #401 Redacted Document, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).
December 17, 2021	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	Filing 400 REDACTED VERSION of #391 Opening Brief in Support, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).
December 13, 2021	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 383 NOTICE OF SERVICE of Expert Report of Dr. John Johnson, IV filed by Komatsu America Corp..(Biggs, Brian)
November 8, 2021	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	Filing 381 NOTICE of Withdrawal of David Giller as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)
November 1, 2021	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	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	Remark: The Oral Order issued by Judge Fallon on October 4, 2021, has been assigned docket item number 378 . (nms)
October 18, 2021	Filing 377 [SEALED] OBJECTIONS to 378 Oral Order, 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, #15 Certificate of Service)(Stachel, Matthew) Modified on 10/19/2021 (nms).
October 13, 2021	Filing 376 NOTICE of Withdrawal of Melissa F. Zappala as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)
October 7, 2021	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	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	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	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 4, 2021	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 1, 2021	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	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	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	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	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	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	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	Filing 367 NOTICE of Withdrawal of Jonathan H. Kim as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)
September 15, 2021	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	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	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	SO ORDERED, re #364 Amended Stipulation and Proposed Scheduling Order. Signed by Judge Richard G. Andrews on 8/4/2021. (nms)
August 3, 2021	Filing 364 Amended Stipulation and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 8/3/2021 (nms).
July 15, 2021	Filing 363 REDACTED VERSION of #359 Letter by Caterpillar Inc.. (Baldwin, David)
July 15, 2021	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	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	CORRECTING ENTRY: The redacted version of D.I. #358 has been deleted per the request of the filer. (lih)
July 12, 2021	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	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	Filing 361 NOTICE of Appearance by Peter C. McGivney on behalf of Caterpillar Inc. (McGivney, Peter)
July 8, 2021	CORRECTING ENTRY: D.I. #360 has been replaced with a revised version of the document to include a caption page. (lih)
July 7, 2021	Filing 360 EXHIBIT re #359 Letter by Caterpillar Inc.. (McGivney, Peter)
July 7, 2021	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	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	Filing 357 NOTICE OF SERVICE of Plaintiff's Notices of Subpoena filed by International Construction Products LLC.(Stachel, Matthew)
June 24, 2021	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	Filing 355 MOTION for Pro Hac Vice Appearance of Attorney Danielle Morello, Esq - filed by Caterpillar Inc.. (Baldwin, David)
June 24, 2021	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	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	Filing 353 MOTION for Pro Hac Vice Appearance of Attorney Adam Dec, Esquire - filed by Caterpillar Inc.. (Baldwin, David)
June 23, 2021	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	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	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	Filing 350 MOTION for Pro Hac Vice Appearance of Attorney Randall W. Bryer - filed by International Construction Products LLC. (Stachel, Matthew)
June 21, 2021	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	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	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	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	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	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	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	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	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	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	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	Filing 340 NOTICE OF SERVICE of Notice of Depositions of Caterpillar Employees filed by International Construction Products LLC.(Stachel, Matthew)
June 10, 2021	Filing 339 NOTICE OF SERVICE of Notices of Deposition and Notices of Subpoenas filed by International Construction Products LLC.(Stachel, Matthew)
June 9, 2021	Filing 338 NOTICE OF SERVICE of Rule 30(b)(6) Notices filed by International Construction Products LLC.(Stachel, Matthew)
June 9, 2021	Filing 337 NOTICE OF SERVICE of Rule 30(b)(1) Notices filed by International Construction Products LLC.(Stachel, Matthew)
June 1, 2021	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	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	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	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	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	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	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	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	Filing 328 STIPULATION and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 3/25/2021 (nms).
March 22, 2021	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	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	Filing 325 MOTION for Pro Hac Vice Appearance of Attorney David E. Cole - filed by International Construction Products LLC. (Stachel, Matthew)
March 16, 2021	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	Filing 323 MOTION for Pro Hac Vice Appearance of Attorney David E. Cole - filed by International Construction Products LLC. (Stachel, Matthew)
March 16, 2021	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	Filing 322 Official Transcript of Teleconference held on 2/18/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: [email protected]. 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	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	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	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	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	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	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	Filing 316 Joint Proposed Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 1/20/2021 (nms).
January 11, 2021	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	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	Filing 314 MOTION for Pro Hac Vice Appearance of Attorney Jonathan H. Kim - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021	Filing 313 MOTION for Pro Hac Vice Appearance of Attorney David Giller - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021	Filing 312 MOTION for Pro Hac Vice Appearance of Attorney Melissa F. Zappala - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021	Filing 311 MOTION for Pro Hac Vice Appearance of Attorney Amy J. Mauser - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021	Filing 310 MOTION for Pro Hac Vice Appearance of Attorney William A. Isaacson - filed by International Construction Products LLC. (Stachel, Matthew)
January 8, 2021	Filing 309 NOTICE of Appearance by Matthew D. Stachel on behalf of International Construction Products LLC (Stachel, Matthew)
January 8, 2021	Filing 308 NOTICE of Appearance by Daniel Alan Mason on behalf of International Construction Products LLC (Mason, Daniel)
January 8, 2021	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	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	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	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	Filing 305 Letter to The Honorable Richard G. Andrews from Nathan R. Hoeschen. (Attachments: #1 Exhibit A)(Hoeschen, Nathan)
September 16, 2020	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	Filing 303 NOTICE of Withdraw of Appearance of Denise S. Kraft by Komatsu America Corp. (Biggs, Brian)
August 26, 2020	Filing 302 DECLARATION of Chris Schafer re #301 Response, by Komatsu America Corp.. (Biggs, Brian) Modified on 8/26/2020 (nms).
August 26, 2020	Filing 301 RESPONSE to #298 Order, filed by Komatsu America Corp.'s. (Biggs, Brian) Modified on 8/26/2020 (nms).
August 26, 2020	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	Filing 300 AMENDED ANSWER to #246 Amended Complaint by Komatsu America Corp.. (Biggs, Brian)
August 24, 2020	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	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	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	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	Filing 296 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/11/2020. (lak)
August 10, 2020	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	Filing 294 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/10/2020. (lak)
August 10, 2020	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	Filing 292 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/10/2020. (lak)
May 14, 2020	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	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	Filing 289 NOTICE requesting Clerk to remove Ashley Eickhof as co-counsel. Reason for request: changing law firms. (Baldwin, David)
January 3, 2020	Filing 288 NOTICE of Change of Law Firm Name by Associated Auction Services LLC, Ziegler, Inc. (Gallagher, Henry)
December 16, 2019	Filing 287 REQUEST for Oral Argument by Caterpillar Inc. re #261 MOTION to Partially Dismiss. (Baldwin, David)
December 13, 2019	Filing 286 NOTICE of Appearance by Erin E. Larson on behalf of Komatsu America Corp. (Larson, Erin)
December 12, 2019	Filing 285 REDACTED VERSION of #281 Reply Brief, by Caterpillar Inc.. (Baldwin, David) Modified on 12/13/2019 (nms).
December 11, 2019	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	Filing 283 REDACTED VERSION of #276 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Exhibit A)(Hoeschen, Nathan)
December 9, 2019	Filing 282 REPLY BRIEF re #257 MOTION to Strike Allegations in the Third Amended Complaint filed by Caterpillar Inc.. (Baldwin, David)
December 9, 2019	Filing 281 [SEALED] REPLY BRIEF re #261 MOTION to Partially Dismiss filed by Caterpillar Inc.. (Baldwin, David)
December 9, 2019	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	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	Attorney address updated per D.I. #278 . (amf)
December 6, 2019	Filing 278 NOTICE of Change of Address by David J. Baldwin (Baldwin, David)
December 2, 2019	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	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	Filing 275 REDACTED VERSION of #264 Answer to Amended Complaint by Caterpillar Inc.. (Baldwin, David)
November 21, 2019	Filing 274 REDACTED VERSION of #262 Opening Brief in Support by Caterpillar Inc.. (Baldwin, David)
November 21, 2019	Filing 273 REDACTED VERSION of #258 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Exhibit A)(Baldwin, David)
November 21, 2019	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 256 REDACTED VERSION of #252 Answering Brief in Opposition, by Caterpillar Inc.. (Baldwin, David) Modified on 11/13/2019 (nms).
November 12, 2019	Filing 255 MOTION for Pro Hac Vice Appearance of Attorney Scott Keller - filed by Caterpillar Inc.. (Baldwin, David)
November 12, 2019	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	Filing 254 JOINDER re #249 Answering Brief in Opposition, by Ziegler, Inc., . (Gallagher, Henry) Modified on 11/8/2019 (nms).
November 8, 2019	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	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	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	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	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	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	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	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	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	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	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	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	Filing 242 MOTION for Partial Reargument - filed by International Construction Products LLC. (Hoeschen, Nathan) Modified on 10/25/2019 (nms).
October 17, 2019	Filing 241 NOTICE requesting Clerk to remove Aaron Stein Rabinowitz as co-counsel. Reason for request: Leaving firm. (Baldwin, David)
October 15, 2019	Filing 240 SO ORDERED Granting #239 STIPULATION and Proposed Order. Signed by Judge Richard G. Andrews on 10/15/2019. (nms)
October 11, 2019	Filing 239 STIPULATION and Proposed Order - filed by Caterpillar Inc.. (Baldwin, David) Modified on 10/15/2019 (nms).
October 10, 2019	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	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	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	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	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	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	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 19, 2019	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 6, 2019	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	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	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	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	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	Filing 230 NOTICE of Subpoena on Kent Adams by International Construction Products LLC (Hoeschen, Nathan)
August 6, 2019	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 216 NOTICE of Change of Address by Henry E. Gallagher, Jr (Gallagher, Henry)
February 28, 2019	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	Filing 215 EXHIBIT 1 to #214 Letter, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/25/2019 (nms).
February 22, 2019	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	Filing 213 STIPULATION and Proposed Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/22/2019 (nms).

November 16, 2023

Filing 645 [SEALED] DECLARATION of Tim Frank re #641 Answering Briefs (D.I. #641 ; D.I. #636 ; D.I. #638 ), 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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Certificate of Service)(Stachel, Matthew) Modified on 11/17/2023 (nms).

November 16, 2023

Filing 644 [SEALED] DECLARATION of David E. Cole re Answering Briefs (D.I. #641 ; D.I. #636 ; D.I. #637 ), 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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Certificate of Service)(Stachel, Matthew) Modified on 11/17/2023 (nms).

November 16, 2023

Filing 643 [SEALED] DECLARATION of Danielle Morello, Esq. re #642 Answering Brief in Opposition, by Caterpillar Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service)(Baldwin, David) Modified on 11/17/2023 (nms).

November 16, 2023

Filing 642 [SEALED] ANSWERING BRIEF in Opposition re #606 MOTION to Exclude Certain Opinions of Caterpillar Inc.'s Expert Kevin M. Murphy, filed by Caterpillar Inc..Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 11/17/2023 (nms).

November 16, 2023

Filing 641 [SEALED] ANSWERING BRIEF in Opposition re #602 MOTION for Summary Judgment filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

November 16, 2023

Filing 640 DECLARATION of Robert Kravitz re #638 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Exhibit A)(Stachel, Matthew) Modified on 11/16/2023 (nms).

November 16, 2023

Filing 639 [SEALED] DECLARATION of David E. Cole re #638 Answering Brief in Opposition, by International Construction Products LLC. (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 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Certificate of Service)(Stachel, Matthew) Modified on 11/16/2023 (nms).

November 16, 2023

Filing 638 [SEALED] ANSWERING BRIEF in Opposition re #596 MOTION for Sanctions for Spoliation of Evidence filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

November 16, 2023

Filing 637 [SEALED] ANSWERING BRIEF in Opposition re #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

November 16, 2023

Filing 636 [SEALED] ANSWERING BRIEF in Opposition re #609 MOTION to Exclude the Testimony of Dr. Jeffrey Leitzinger filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/27/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

November 7, 2023

Filing 635 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding supplemental authority. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baldwin, David) Modified on 11/8/2023 (nms).

October 26, 2023

Filing 634 REDACTED VERSION of #597 Opening Brief in Support, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Appendix)(Baldwin, David) Modified on 10/26/2023 (nms).

October 25, 2023

Pro Hac Vice Attorney Danielle Morello 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. (mpb)

October 24, 2023

Filing 633 REDACTED VERSION of #605 Declaration,,, by Caterpillar Inc.. (Attachments: #1 Exhibit 42, #2 Exhibit 43, #3 Exhibit 44, #4 Exhibit 45, #5 Exhibit 46, #6 Exhibit 47, #7 Exhibit 48, #8 Exhibit 49, #9 Exhibit 50, #10 Exhibit 51, #11 Exhibit 52, #12 Exhibit 53, #13 Exhibit 54, #14 Exhibit 55, #15 Exhibit 56, #16 Exhibit 57, #17 Exhibit 58, #18 Exhibit 59, #19 Exhibit 60, #20 Exhibit 61, #21 Exhibit 62, #22 Exhibit 63, #23 Exhibit 64, #24 Exhibit 65, #25 Exhibit 66, #26 Exhibit 67, #27 Exhibit 68, #28 Exhibit 69, #29 Exhibit 70, #30 Exhibit 71, #31 Exhibit 72, #32 Exhibit 73, #33 Exhibit 74, #34 Exhibit 75, #35 Exhibit 76, #36 Exhibit 77, #37 Exhibit 78, #38 Exhibit 79, #39 Exhibit 80, #40 Exhibit 81, #41 Exhibit 82, #42 Certificate of Service)(Baldwin, David)

October 24, 2023

Filing 632 REDACTED VERSION of #604 Declaration, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Certificate of Service)(Baldwin, David) Modified on 10/25/2023 (nms).

October 24, 2023

Filing 631 REDACTED VERSION of #603 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)

October 24, 2023

Filing 630 REDACTED VERSION of #614 Declaration by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)

October 24, 2023

Filing 629 REDACTED VERSION of #613 Declaration,, by Caterpillar Inc.. (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 Certificate of Service)(Baldwin, David)

October 24, 2023

Filing 628 REDACTED VERSION of #610 Opening Brief in Support, by Caterpillar Inc.. (Baldwin, David)

October 24, 2023

Filing 627 REDACTED VERSION of #616 Declaration by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)

October 24, 2023

Filing 626 REDACTED VERSION of #615 Declaration,, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Certificate of Service)(Baldwin, David)

October 24, 2023

Filing 625 REDACTED VERSION of #612 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David)

October 24, 2023

Filing 624 REDACTED VERSION of #611 Declaration, by International Construction Products LLC. (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 Certificate of Service)(Stachel, Matthew)

October 24, 2023

Filing 623 REDACTED VERSION of #607 Opening Brief in Support, by International Construction Products LLC. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

October 24, 2023

Filing 622 ORDER Granting #620 Motion for Extension of Time to Respond to Motion for Sanctions for Spoliation of Evidence (*Reset Briefing Schedule: re #596 MOTION for Sanctions for Spoliation of Evidence. Answering Brief due 11/17/2023). Signed by Judge Richard G. Andrews on 10/24/2023. (nms)

October 23, 2023

Filing 621 ANSWERING BRIEF in Opposition re #620 MOTION for Extension of Time to Respond to Motion for Sanctions for Spoliation of Evidence filed by Caterpillar Inc..Reply Brief due date per Local Rules is 10/30/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Text of Proposed Order)(McGivney, Peter)

October 23, 2023

Filing 620 MOTION for Extension of Time to Respond to Motion for Sanctions for Spoliation of Evidence - filed by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 7.1.1 Certification, #3 Proposed Order)(Stachel, Matthew) Modified on 10/23/2023 (nms).

October 20, 2023

Filing 619 ORAL ORDER: The redacted filing (D.I. #618 ) 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, or parts of it, that contains publicly available materials is prima facie evidence of bad faith. A revised redacted filing is DUE within five business days. Ordered by Judge Richard G. Andrews on 10/20/2023. (nms)

October 19, 2023

Filing 618 REDACTED VERSION of #597 Opening Brief in Support, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Appendix A)(McGivney, Peter) Modified on 10/20/2023 (nms).

October 19, 2023

Filing 617 REDACTED VERSION of #598 Declaration of Danielle Morello, Esq., by Caterpillar Inc.. (Baldwin, David) Modified on 10/20/2023 (nms).

October 18, 2023

CORRECTING ENTRY: The pdf for brief at D.I. #610 has been replaced with a corrected version per the Court's request. The caption on the filing has been corrected to reflect the brief is filed under seal. (nms)

October 18, 2023

CORRECTING ENTRY: The motion filed at D.I. #606 has been unsealed. Upon review it appears the filing was sealed in error. There is no notation in the caption of the filing that reflects the motion is confidential. The NEF for D.I. #606 has been regenerated. (nms)

October 17, 2023

Filing 616 [SEALED] DECLARATION of Danielle Morello, Esq. re #612 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 10/18/2023 (nms).

October 17, 2023

Filing 615 [SEALED] DECLARATION of Danielle Morello, Esq. re #612 Opening Brief in Support, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Certificate of Service)(Baldwin, David) Modified on 10/18/2023 (nms).

October 17, 2023

Filing 614 [SEALED] DECLARATION re #610 Opening Brief in Support, #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(McGivney, Peter)

October 17, 2023

Filing 613 [SEALED] DECLARATION re #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda , #610 Opening Brief in Support, by Caterpillar Inc.. (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 Certificate of Service)(McGivney, Peter)

October 17, 2023

Filing 612 [SEALED] OPENING BRIEF in Support re #609 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 10/31/2023. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 10/17/2023 (nms).

October 17, 2023

Filing 611 [SEALED] DECLARATION re #606 MOTION to Exclude Certain Opinions of Caterpillar Inc.'s Expert Kevin M. Murphy by International Construction Products LLC. (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 Certificate of Service)(Stachel, Matthew)

October 17, 2023

Filing 610 [SEALED] OPENING BRIEF in Support re #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 10/31/2023. (Attachments: #1 Certificate of Service)(McGivney, Peter) (Main Document 610 replaced on 10/18/2023) (nms).

October 17, 2023

Filing 609 MOTION to Exclude the Expert Testimony of Dr. Jeffrey Leitzinger - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order).(Baldwin, David) Modified on 10/17/2023 (nms). Modified on 10/17/2023 (nms).

October 17, 2023

Filing 608 MOTION to Exclude the Testimony of Mr. Mike Rhoda - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order).(McGivney, Peter) Modified on 10/17/2023 (nms).

October 17, 2023

Filing 607 [SEALED] OPENING BRIEF in Support re #606 MOTION to Exclude Certain Opinions of Caterpillar Inc.'s Expert Kevin M. Murphy filed by International Construction Products LLC.Answering Brief/Response due date per Local Rules is 10/31/2023. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

October 17, 2023

Filing 606 MOTION to Exclude Certain Opinions of Caterpillar Inc.'s Expert Kevin M. Murphy - filed by International Construction Products LLC. (Attachments: #1 Proposed Order). (Stachel, Matthew) Modified on 10/17/2023 (nms). Modified on 10/18/2023 (nms).

October 17, 2023

Filing 605 [SEALED] DECLARATION of Danielle Morello, Esq. re #603 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Exhibit 42, #2 Exhibit 43, #3 Exhibit 44, #4 Exhibit 45, #5 Exhibit 46, #6 Exhibit 47, #7 Exhibit 48, #8 Exhibit 49, #9 Exhibit 50, #10 Exhibit 51, #11 Exhibit 52, #12 Exhibit 53, #13 Exhibit 54, #14 Exhibit 55, #15 Exhibit 56, #16 Exhibit 57, #17 Exhibit 58, #18 Exhibit 59, #19 Exhibit 60, #20 Exhibit 61, #21 Exhibit 62, #22 Exhibit 63, #23 Exhibit 64, #24 Exhibit 65, #25 Exhibit 66, #26 Exhibit 67, #27 Exhibit 68, #28 Exhibit 69, #29 Exhibit 70, #30 Exhibit 71, #31 Exhibit 72, #32 Exhibit 73, #33 Exhibit 74, #34 Exhibit 75, #35 Exhibit 76, #36 Exhibit 77, #37 Exhibit 78, #38 Exhibit 79, #39 Exhibit 80, #40 Exhibit 81, #41 Exhibit 82, #42 Certificate of Service)(Baldwin, David) Modified on 10/17/2023 (nms).

October 17, 2023

Filing 604 [SEALED] DECLARATION of Danielle Morello, Esq. re #603 Opening Brief in Support, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Certificate of Service)(Baldwin, David) Modified on 10/17/2023 (nms).

October 17, 2023

Filing 603 [SEALED] OPENING BRIEF in Support re #602 MOTION for Summary Judgment, filed by Caterpillar Inc.. Answering Brief/Response due date per Local Rules is 10/31/2023. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 10/17/2023 (nms).

October 17, 2023

Filing 602 MOTION for Summary Judgment - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order) (Baldwin, David) Modified on 10/17/2023 (nms).

October 17, 2023

Motions No Longer Referred: D.I. #608 MOTION to Exclude the Testimony of Mr. Mike Rhoda, D.I. #609 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, D.I. #606 MOTION to Exclude Certain Opinions of Expert Kevin M. Murph. These motions were referred in error by CM/ECF. (nms)

October 16, 2023

Filing 601 RESPONSE to #591 Objections, by International Construction Products LLC. (Stachel, Matthew) Modified on 10/16/2023 (nms).

October 13, 2023

Filing 600 CERTIFICATE OF SERVICE for Declaration of Danielle Morello, Esq. (D.I. #598 ), by Caterpillar Inc.. (McGivney, Peter) Modified on 10/13/2023 (nms).

October 13, 2023

Filing 599 CERTIFICATE OF SERVICE for Opening Brief in Support of Its Motion for Sanctions for Spoliation of Evidence (D.I. #597 ), by Caterpillar Inc., (McGivney, Peter) Modified on 10/13/2023 (nms).

October 13, 2023

DEFICIENCY NOTICE by the Court issued to Caterpillar Inc. re #598 Sealed Declaration, and #597 Sealed Opening Brief in Support. Upon review it was determined these filings do not comply with Local Rule 5.2(b)(1). Defendant is requested to supplement the docket with a certificate of service for the filings. (nms)

October 12, 2023

Filing 598 [SEALED] DECLARATION of Danielle Morello, Esq. re #597 Opening Brief in Support, by Caterpillar Inc.. (Baldwin, David) Modified on 10/13/2023 (nms).

October 12, 2023

Filing 597 [SEALED] OPENING BRIEF in Support re #596 MOTION for Sanctions for Spoliation of Evidence, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 10/26/2023. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Appendix A)(Baldwin, David) Modified on 10/13/2023 (nms).

October 12, 2023

Filing 596 MOTION for Sanctions for Spoliation of Evidence - filed by Caterpillar Inc.. (Attachments: #1 7.1.1 Statement, #2 Proposed Order)(Baldwin, David) Modified on 10/13/2023 (nms).

October 10, 2023

Filing 595 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Amended and Supplemental Responses and Objections to Caterpillar Inc.'s Second and Third Set of Requests for Admission filed by International Construction Products LLC.(Stachel, Matthew)

October 9, 2023

Filing 594 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Second Amended Notice of Rule 30 Deposition of James M. Lyons filed by International Construction Products LLC.(Stachel, Matthew)

October 6, 2023

Filing 593 NOTICE to Take Deposition of Joe Frank on Monday, October 9, 2023 at 2:30 p.m. filed by Caterpillar Inc..(McGivney, Peter)

October 5, 2023

Filing 592 Official Transcript of Discovery Conference held on 9/18/23 before Judge Sherry Fallon. Court Reporter Deanna Warner, Email: [email protected]. 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 10/26/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/3/2024. (Warner, Deanna)

October 3, 2023

Remark: D.I. #582 has been unsealed. (lih)

October 2, 2023

Filing 591 OBJECTIONS to #582 Memorandum Order, by Caterpillar Inc.. (Attachments: #1 Certification of Counsel, #2 Proposed Order)(Baldwin, David) Modified on 10/2/2023 (nms).

October 2, 2023

Filing 590 SO ORDERED as Modified re #589 Stipulation and Proposed Order Amending Case Schedule (*Reset Deadlines: Dispositive and Daubert Motions due by 10/17/2023; Answering Briefs due by 11/16/2023; Reply Briefs due by 12/4/2023). Signed by Judge Richard G. Andrews on 10/2/2023. (nms)

October 2, 2023

Filing 589 STIPULATION and [Proposed] Order Amending Case Schedule by International Construction Products LLC. (Stachel, Matthew)

September 28, 2023

Filing 588 SO ORDERED Granting #587 Stipulation and Proposed Order Regarding Case Dispositive Motion Briefs. Signed by Judge Richard G. Andrews on 9/28/2023. (nms)

September 28, 2023

Filing 587 STIPULATION and Proposed Order Regarding Case Dispositive Motion Briefs, by Caterpillar Inc.. (Baldwin, David) Modified on 9/28/2023 (nms).

September 27, 2023

Filing 586 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Amended Notice of Rule 30 Deposition of James M. Lyons filed by International Construction Products LLC.(Stachel, Matthew)

September 25, 2023

Filing 585 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Notice of Rule 30 Deposition of James M. Lyons filed by International Construction Products LLC.(Stachel, Matthew)

September 21, 2023

Filing 584 REDACTED VERSION of #580 Letter, by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Stachel, Matthew) Modified on 9/22/2023 (nms).

September 20, 2023

Filing 583 REDACTED VERSION of #579 Letter,, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Certificate of Service)(Baldwin, David)

September 18, 2023

Filing 582 [SEALED] MEMORANDUM ORDER- re #573 Joint Motion for Teleconference to Resolve Discovery Dispute, #575 Letter, #576 Letter, #579 Letter and #580 Letter. Signed by Judge Sherry R. Fallon on 9/18/2023.This order has been emailed to local counsel. (lih)

September 18, 2023

Filing 581 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Notice of Rule 30 Deposition of Kevin Murphy filed by International Construction Products LLC.(Stachel, Matthew)

September 18, 2023

Minute Entry for proceedings held before Judge Sherry R. Fallon - Motion Hearing held on 9/18/2023 re #573 Joint Motion for Teleconference to Resolve Discovery Dispute. (Court Reporter D. Warner.) (lih)

September 15, 2023

NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #579 by no later that noon today. (lih)

September 14, 2023

Filing 580 [SEALED] Letter to the Honorable Sherry R. Fallon, from Matthew D. Stachel, regarding response to Defendant's September 13, 2023, letter. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Stachel, Matthew) Modified on 9/14/2023 (nms).

September 14, 2023

CORRECTING ENTRY: The certificate of service previously filed as D.I. 580 has been deleted and attached to D.I. #579 . Counsel is advised that certificates of service are to be filed as attachments and not separately filed. (lih)

September 13, 2023

Filing 579 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding discovery dispute. (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, #18 Exhibit 18)(Baldwin, David) (Additional attachment(s) added on 9/14/2023: #19 Certificate of Service) (lih). Modified on 9/14/2023 (lih).

September 13, 2023

Filing 578 REDACTED VERSION of #576 Letter, by Caterpillar Inc.. (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 Certificate of Service)(Baldwin, David)

September 12, 2023

Filing 577 REDACTED VERSION of #575 Letter, by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service, #6 Text of Proposed Order)(Stachel, Matthew)

September 6, 2023

Filing 576 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding response in opposition to request for an order to sequester documents (D.I. #575 ). (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 Certificate of Service)(McGivney, Peter) Modified on 9/6/2023 (nms).

September 5, 2023

Filing 575 [SEALED] Letter to the Honorable Sherry R. Fallon, from Matthew D. Stachel, regarding request for an order to sequester privileged documents. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order, #6 Certificate of Service)(Stachel, Matthew) Modified on 9/6/2023 (nms).

August 31, 2023

Filing 574 NOTICE OF SERVICE of Defendant Caterpillar, Inc.'s Expert Reports of Kevin M. Murphy and James M. Lyons filed by Caterpillar Inc..(Baldwin, David)

August 30, 2023

SO ORDERED, re #573 Joint Motion for Discovery Dispute Conference. An In-Person Discovery Dispute Motion Hearing is set for 9/18/2023 at 11:00 AM in Courtroom 6C 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 hearing and will, in that event, cancel the conference. The parties may submit opening and answering 4-page letter submissions on the claw back issue on or before close of business on September 5, 2023 and September 6, 2023, respectively, in accordance with the parties' proposal. The opening 4-page letter brief on the remaining discovery issues shall be due on or before close of business on September 13, 2023, and the responsive 4-page letter brief shall be due on or before close of business on September 14, 2023. Signed by Judge Sherry R. Fallon on 8/30/2023. (Polito, Rebecca)

August 29, 2023

Filing 573 Joint Motion for Teleconference to Resolve Discovery Dispute - filed by Caterpillar Inc.. Motions referred to Sherry R. Fallon.(McGivney, Peter) Modified on 8/29/2023 (nms).

August 22, 2023

Filing 572 NOTICE to Take Deposition of Mike Rhoda on August 30, 2023 at 9:00 a.m. ET filed by Caterpillar Inc..(Baldwin, David)

August 22, 2023

Filing 571 NOTICE to Take Deposition of Jeffrey Leitzinger, Ph.D. on August 25, 2023 at 12:00 p.m. ET (9:00 a.m. PT) filed by Caterpillar Inc..(Baldwin, David)

August 22, 2023

Filing 570 NOTICE of Change of Firm Affiliation for Danielle Morello by Caterpillar Inc. (Baldwin, David)

August 4, 2023

CORRECTING ENTRY: An incomplete redacted version of D.I. #567 was filed at D.I. #569 . The Court has supplemented D.I. #569 with a copy of the proposed order and certificate of service that originally accompanied D.I. #567 . (nms)

August 3, 2023

Filing 569 REDACTED VERSION of #567 Answering Brief in Opposition, by Caterpillar Inc.. (McGivney, Peter) Modified on 8/3/2023 (nms). (Additional attachment(s) added on 8/4/2023: #1 Proposed Order, #2 Certificate of Service) (nms).

August 3, 2023

CORRECTING ENTRY: The redacted brief filed at D.I. 569 on 8/2/2023, has been removed from the docket as it was filed using an incorrect code. Counsel is to refile the redacted brief using the "Redacted Document" filing code which will allow a link to be established to the sealed filing it relates to. (nms)

August 2, 2023

Filing 568 REPLY BRIEF re #563 MOTION for Leave to File Fourth Amended Complaint, filed by International Construction Products LLC. (Stachel, Matthew) Modified on 8/2/2023 (nms).

July 26, 2023

Filing 567 [SEALED] ANSWERING BRIEF in Opposition re #563 MOTION for Leave to File Fourth Amended Complaint filed by Caterpillar Inc..Reply Brief due date per Local Rules is 8/2/2023. (Attachments: #1 Proposed Order, #2 Certificate of Service)(McGivney, Peter)

July 19, 2023

Filing 566 REDACTED VERSION of #563 MOTION for Leave to File Fourth Amended Complaint, by International Construction Products LLC. (Attachments: #1 Fourth Amended Complaint, #2 Redline version, #3 Certificate of Service, #4 Proposed Order, #5 7.1.1 Statement)(Stachel, Matthew) Modified on 7/20/2023 (nms).

July 12, 2023

Set Answering Brief Deadline re #563 MOTION for Leave to File Fourth Amended Complaint. Answering Brief/Response due date per Local Rules is 7/26/2023. (nms)

July 12, 2023

Filing 565 NOTICE OF SERVICE of Plaintiff's Supplementation of Its Initial Disclosures filed by International Construction Products LLC.(Stachel, Matthew)

July 12, 2023

Filing 564 NOTICE OF SERVICE of Expert Report of Jeffrey Leitzinger, Ph.D. and Expert Report of Mike Rhoda filed by International Construction Products LLC.(Stachel, Matthew)

July 12, 2023

Filing 563 [SEALED] MOTION for Leave to File Fourth Amended Complaint- filed by International Construction Products LLC. (Attachments: #1 Amended Complaint, #2 Redline version, #3 Certificate of Service, #4 Proposed Order, #5 7.1.1 Certification)(Stachel, Matthew) Modified on 7/12/2023 (nms).

July 12, 2023

Filing 562 NOTICE OF SERVICE of Caterpillar's Rule 26(a)(1) Supplemental Initial Disclosures filed by Caterpillar Inc..(Baldwin, David)

July 12, 2023

CORRECTING ENTRY: The discovery filed at D.I. 562 has been removed from the docket pursuant to Local Rule 5.4(b). Counsel is requested to file a Notice of Service regarding the discovery. (nms)

July 11, 2023

Filing 561 NOTICE to Take Deposition of Joe Frank on July 12, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

July 11, 2023

Filing 560 SO ORDERED Granting #559 Stipulation and Proposed Order Amending Case Schedule. Signed by Judge Richard G. Andrews on 7/11/2023. (nms)

July 10, 2023

Filing 559 STIPULATION and Proposed Order Amending Case Schedule, by Caterpillar Inc.. (McGivney, Peter) Modified on 7/11/2023 (nms).

July 6, 2023

Filing 558 NOTICE to Take Deposition of Wes Lee on July 7, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

July 6, 2023

Filing 557 NOTICE to Take Deposition of Tim Frank on July 7, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

July 6, 2023

Filing 556 NOTICE to Take Deposition of Joe Hanneman on July 7, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

June 26, 2023

Filing 555 NOTICE to Take Deposition of Jim Teague on June 28, 2023 at 10:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)

June 22, 2023

Filing 554 NOTICE to Take Deposition of John Taaffe on Friday, June 23, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)

June 22, 2023

Filing 553 NOTICE to Take Deposition of Michelle Teague on Friday, June 23, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)

June 22, 2023

Filing 552 NOTICE to Take Deposition of John Johnson on Friday, June 23, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)

June 20, 2023

Filing 551 NOTICE to Take Deposition of Eric Teague on Wednesday, June 21, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)

June 20, 2023

Filing 550 NOTICE to Take Deposition of Matt Borum on Wednesday, June 21, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)

June 20, 2023

Filing 549 NOTICE to Take Deposition of Jean Willoughby on Wednesday, June 21, 2023 at 9:30 a.m. filed by Caterpillar Inc..(McGivney, Peter)

June 15, 2023

Filing 548 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey H. Wood, Esq. - filed by Caterpillar Inc.. (Baldwin, David)

June 15, 2023

Pro Hac Vice Attorney Jeffrey H. Wood 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. (mpb)

June 15, 2023

SO ORDERED, re #548 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey H. Wood, Esq., filed by Caterpillar Inc. Signed by Judge Richard G. Andrews on 6/15/2023. (lah)

June 13, 2023

Filing 547 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Supplementation of Its Initial Disclosures filed by International Construction Products LLC.(Stachel, Matthew)

June 12, 2023

Filing 546 REDACTED VERSION of #541 Letter,, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Baldwin, David)

June 8, 2023

Filing 545 NOTICE to Take Deposition of Leah Joseph on Tuesday, June 13, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

June 7, 2023

Filing 544 REDACTED VERSION of #535 Letter, by Caterpillar Inc.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Baldwin, David)

June 7, 2023

Filing 543 MOTION for Pro Hac Vice Appearance of Attorney Arpine S. Lawyer - filed by International Construction Products LLC. (Stachel, Matthew)

June 7, 2023

SO ORDERED, re #543 MOTION for Pro Hac Vice Appearance of Attorney Arpine S. Lawyer, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 6/7/2023. (nms)

June 6, 2023

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 #535 . (nms)

June 5, 2023

Filing 542 CERTIFICATE OF SERVICE for Letter (D.I. #541 ), by Caterpillar Inc.. (Baldwin, David) Modified on 6/5/2023 (nms).

June 5, 2023

Filing 541 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding revision to Caterpillar Inc.'s submission for June 1, 2023 teleconference. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Baldwin, David) Modified on 6/5/2023 (nms).

June 2, 2023

Filing 540 ORAL ORDER re #535 Letter: The Court having considered the parties' discovery dispute letter submissions (D.I. 535; D.I. 537), and having resolved Defendant's motion to compel during the June 1 discovery dispute teleconference, IT IS ORDERED that Defendant's motion to compel is GRANTED-IN-PART. The record before the Court shows that Joseph Frank is a co-owner of Plaintiff. (D.I. 537, Ex. A) Defendant has cited corporate documents describing Joseph Frank in his business role at the company, but his declaration also confirms that he served "the function of General Counsel" without compensation while working full-time at various law firms since Plaintiff's inception in 2013. (Id.; D.I. 535, Exs.) Joseph Frank's declaration does not apportion the amount of time he spent serving the function of General Counsel for Plaintiff, as compared to either the amount of time dedicated to his full-time legal employment or his business role at ICP. (D.I. 537, Ex. A) Defendant now seeks to obtain the custodial documents and a deposition of Joseph Frank, as well as disclosure of certain documents on the privilege logs which identify some involvement by Joseph Frank. The Court rules as follows: (1) Defendant's motion to compel the production of Joseph Frank's non-privileged custodial documents is DENIED without prejudice. Defendant was unable to show that a timely application was made for the designation of Joseph Frank as a custodian, and it was clear from the discussion during the June 1 teleconference that this issue was not properly vetted through the meet and confer process. (2) Defendant's motion to compel the deposition of Joseph Frank is GRANTED-IN-PART. Given Joseph Frank's vague and ill-defined role "serving the function of General Counsel" almost exclusively, the Court finds no reasonable basis to preclude Mr. Frank from testifying about Plaintiff's business. To the extent Plaintiff suggests the deposition would be cumulative or would invade privileged topics, those arguments are speculative and unripe. Defendant may depose Mr. Frank subject to the provisions of Fed. R. Civ. P. 30(c)(2) regarding objections, and within the deadlines or other limitations imposed in the operative scheduling order. (3) Defendant's motion to compel the production of certain withheld or redacted documents on Privilege Logs 1 and 2 is DENIED without prejudice. Defendant has not specifically identified what information it believes was improperly designated as privileged, and the parties have not engaged in a meaningful meet and confer on this issue. The parties are instructed to narrow the issue through the meet and confer process. The Court specifically DENIES Defendant's motion for disclosure of Privilege Log (Part 2) Entries 123 to 132, and any other similar entries which describe document collection and preservation efforts that are not required to be disclosed in accordance with the Court's Default Standard for Discovery at ¶ 1(d)(iii). Ordered by Judge Sherry R. Fallon on 6/2/2023. (lih)

June 1, 2023

Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Motion Hearing held on 6/1/2023 re #533 Joint Motion for Teleconference to Resolve Discovery Dispute filed by Caterpillar Inc.. (Court Reporter D. Warner.) (lih)

May 30, 2023

Filing 539 PROPOSED Order re #535 Letter, by Caterpillar Inc.. (Baldwin, David) Modified on 5/30/2023 (nms).

May 30, 2023

Filing 538 ORAL ORDER re #535 Letter: IT IS ORDERED that, on or before close of business on May 30, 2023, Defendant shall file a proposed form of Order outlining the relief requested in its discovery dispute letter submission in accordance with the Courts discovery dispute procedures found on the Court's website at ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Ordered by Judge Sherry R. Fallon on 5/30/2023. (lih)

May 26, 2023

Filing 537 Letter to the Honorable Sherry R. Fallon, from Matthew D. Stachel, regarding response to Caterpillar's motion to compel the deposition of Joseph Frank and to compel ICP to designate him as a document custodian. (Attachments: #1 Exhibit A)(Stachel, Matthew) Modified on 5/26/2023 (nms).

May 25, 2023

Filing 536 CERTIFICATE OF SERVICE for Letter (D.I. #535 ), by Caterpillar Inc. (McGivney, Peter) Modified on 5/25/2023 (nms).

May 25, 2023

Filing 535 [SEALED] Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, Esq., regarding Caterpillar Inc.'s submission for June 1, 2023 Teleconference to resolve discovery dispute. (Attachments: #1 Exhibits 1)(McGivney, Peter) Modified on 5/25/2023 (nms).

May 2, 2023

Filing 534 SO ORDERED- re #533 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 6/1/2023 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this teleconference 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 dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 5/25/2023, Responsive submission due by no later than 2:00 PM on 5/26/2023). Signed by Judge Sherry R. Fallon on 5/2/2023. (lih)

May 2, 2023

Filing 533 Joint Motion for Teleconference to Resolve Discovery Dispute - filed by Caterpillar Inc.. Motions referred to Sherry R. Fallon.(Baldwin, David) Modified on 5/2/2023 (nms).

May 2, 2023

Filing 532 SO ORDERED Granting as modified #531 Stipulation and Proposed Order to Extend the Case Schedule (*Reset Deadlines: Dispositive Motions due by 10/10/2023; a 5 7 day Jury Trial is set to start 4/5/2024, at 9:30 AM in Courtroom 6A; Pretrial Conference is set for 3/22/2024, at 9:00 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 5/2/2023. (nms)

May 2, 2023

Filing 531 STIPULATION and Proposed Order to Extend the Case Schedule, by Caterpillar Inc.. (Baldwin, David) Modified on 5/2/2023 (nms).

April 24, 2023

Filing 530 SUBPOENA Returned Executed as to John P. Taaffe on April 22, 2023 (McGivney, Peter)

April 18, 2023

Filing 529 NOTICE of Change of Firm Affiliation for Joseph A. Ostoyich, Esq. by Caterpillar Inc. (McGivney, Peter)

April 17, 2023

Filing 528 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Responses and Objections to Defendant Caterpillar Inc.'s Third Set of Requests for Admission (Nos. 19-22) filed by International Construction Products LLC.(Stachel, Matthew)

April 17, 2023

Filing 527 NOTICE OF SERVICE of Caterpillar, Inc.'s Objections to Plaintiff International Construction Products LLC's Notice of Rule 30(b)(6) Deposition and Responses and Objections of Non-Party Liquidity Services Inc. to Notice of Deposition and Subpoena Issued by Defendant Caterpillar, Inc. filed by Caterpillar Inc..(Baldwin, David)

April 17, 2023

Filing 526 MEMORANDUM ORDER: The Motion for Certification of Interlocutory Appeal (D.I. #463 ) is DENIED. Signed by Judge Richard G. Andrews on 4/17/2023. (nms)

April 14, 2023

Filing 525 NOTICE OF SERVICE of Subpoena Ad Testificandum Directed to John P. Taaffee filed by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 4/17/2023 (nms).

April 14, 2023

Filing 524 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Responses and Objections to Defendant Caterpillar Inc's Second Set of Requests for Admission (Nos. 3-18) filed by International Construction Products LLC.(Stachel, Matthew)

April 4, 2023

Filing 523 SO ORDERED Granting #522 Stipulation Regarding Certain Fact Discovery. Signed by Judge Richard G. Andrews on 4/4/2023. (nms)

April 3, 2023

Filing 522 STIPULATION Regarding Certain Fact Discovery, by Caterpillar Inc.. (Baldwin, David) Modified on 4/4/2023 (nms).

March 31, 2023

Filing 521 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding notice of no objection to ICP's proposals. (Attachments: #1 Exhibit A)(McGivney, Peter) Modified on 4/3/2023 (nms).

March 30, 2023

Filing 520 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Responses and Objections to Defendant Caterpillar Inc's Rule 30(b)(6) Notice filed by International Construction Products LLC.(Stachel, Matthew)

March 24, 2023

Filing 519 NOTICE of Subpoena to Liquidity Services, Inc., by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 3/27/2023 (nms).

March 24, 2023

Filing 518 NOTICE to Take Deposition of Liquidity Services, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) on April 3, 2023 at 10:00 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 20, 2023

Filing 517 MOTION for Pro Hac Vice Appearance of Attorney Robert N. Kravitz - filed by International Construction Products LLC. (Stachel, Matthew)

March 20, 2023

SO ORDERED, re #517 MOTION for Pro Hac Vice Appearance of Attorney Robert N. Kravitz, filed by International Construction Products LLC. Signed by Judge Richard G. Andrews on 3/20/2023. (nms)

March 17, 2023

Filing 516 NOTICE OF SERVICE of Caterpillar's Third Requests For Admission To Plaintiff International Construction Products LLC filed by Caterpillar Inc..(Baldwin, David)

March 16, 2023

Filing 515 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Notice of Rule 30(b)(6) Deposition of Caterpillar, Inc. filed by International Construction Products LLC.(Stachel, Matthew)

March 15, 2023

Filing 514 NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Supplemental Objections and Responses to Plaintiff's Fourth Set of Interrogatories filed by Caterpillar Inc..(Baldwin, David)

March 15, 2023

Filing 513 NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Second Requests for Admission to Plaintiff International Construction Products LLC filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 512 NOTICE to Take Deposition of 30(b)(6) Deposition of Plaintiff International Construction Products, LLC filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 511 NOTICE to Take Deposition of Tim Frank on April 3, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 510 NOTICE to Take Deposition of Joe Hanneman on March 31, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 509 NOTICE to Take Deposition of Wes Lee on March 30, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 508 NOTICE to Take Deposition of Matt Borum on March 29, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 507 NOTICE to Take Deposition of Leah Joseph on March 28, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 506 NOTICE to Take Deposition of John Taaffe on March 27, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 505 NOTICE to Take Deposition of John Johnson on March 24, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 504 NOTICE to Take Deposition of Joe Frank on March 23, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 503 NOTICE to Take Deposition of Jim Teague on March 22, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 502 NOTICE to Take Deposition of Jean Willoughby on March 21, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 501 NOTICE to Take Deposition of Michelle Teague on March 20, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

March 9, 2023

Filing 500 NOTICE to Take Deposition of Eric Teague on March 20, 2023 at 9:30 a.m. filed by Caterpillar Inc..(Baldwin, David)

February 9, 2023

Filing 499 NOTICE OF SERVICE of Subpoena upon XCMG America Inc., filed by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/10/2023 (nms).

February 9, 2023

Filing 498 NOTICE OF SERVICE of Subpoena upon Sunward America Inc., LLC filed by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/10/2023 (nms).

February 9, 2023

Filing 497 NOTICE OF SERVICE of Subpoena upon Shantui America Corp. filed by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/10/2023 (nms).

February 9, 2023

Filing 496 NOTICE of Subpoena to Sunward America Corp., by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/9/2023 (nms).

February 9, 2023

Filing 495 NOTICE of Subpoena to Sunward Financial, LLC by Caterpillar Inc..(Attachments: #1 Subpoena)(McGivney, Peter) Modified on 2/9/2023 (nms).

January 27, 2023

Filing 494 NOTICE of Subpoena to Sundward Financial Corporation, by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 1/27/2023 (nms).

January 27, 2023

Filing 493 NOTICE of Subpoena to XCMG America Inc., by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 1/27/2023 (nms).

January 27, 2023

Filing 492 NOTICE of Subpoena to Shantui America Corp., by Caterpillar Inc.. (Attachments: #1 Subpoena)(McGivney, Peter) Modified on 1/27/2023 (nms).

January 19, 2023

Filing 491 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Objections and Responses to Caterpillar Inc.'s Third Set of Requests for Production of Documents (Nos. 1 - 28) filed by International Construction Products LLC.(Stachel, Matthew)

January 17, 2023

Filing 490 ORDER- GRANTING #485 MOTION for Issuance of a Hague Convention Letter of Request. Signed by Judge Sherry R. Fallon on 1/17/2023. (lih)

January 17, 2023

Filing 489 ORAL ORDER re D.I. #484 Letter; D.I. #487 Letter: Having reviewed the parties' discovery dispute letter submissions (D.I. 484; D.I. 487), IT IS ORDERED that (1) ICP's motion to compel Caterpillar to produce documents responsive to Request for Production Nos. 1, 4, 6-16, and 20, consistent with ICP's proposed compromise definition of "Heavy Construction Equipment," i.e., "the types of equipment publicly sold" by the manufacturer, is GRANTED-IN-PART. ICP's motion is GRANTED with respect to documents on equipment ICP offered for sale from Lonking because there is no dispute that this discovery is relevant and limited in scope. (D.I. 487 at 1) ICP's motion is also GRANTED with respect to documents regarding equipment from Shantui, Sunward, and Xuzhou because the IronPlanet contract identifies ICP as an authorized reseller of equipment for these manufacturers, and the record confirms that ICP was in discussions with these manufacturers to sell their equipment. (D.I. 487, Ex. A at Ex. A; D.I. 484, Ex. 7 at 126:13-17; D.I. 246 at ¶¶ 80-82) ICP's motion is DENIED without prejudice to the extent that ICP seeks documents on equipment manufactured by KOMAC, Tabe, SANY, and LiuGong, because ICP is not identified as an authorized reseller for these manufacturers in the IronPlanet contract and the manufacturers were not addressed in the 30(b)(6) testimony. Caterpillar's counterproposal for a definition of "Heavy Construction Equipment," which would limit the requested discovery to documents on equipment offered for sale by ICP from a single manufacturer, is too narrow and would carve out relevant discovery on equipment ICP would have been likely to sell, if not for the alleged conspiratorial conduct. The record shows that Caterpillar's own discovery requests sought a broader scope of discovery than what it now proposes serving in response to ICP's requests. (D.I. 484, Ex. 6 at ¶¶ 8, 25) (2) ICP's motion to compel Caterpillar to produce documents responsive to Request for Production Nos. 8 and 10 is DENIED without prejudice. Caterpillar has shown that responding to these requests would be unduly burdensome, requiring the review of millions of pages of material and document translations. This burden is not proportional to the stated relevance of the information, and the requests are not sufficiently tailored to ICP's damages theories. ICP represents in overly general terms that the discovery is relevant to antitrust injury by contrasting competition between Chinese manufacturers' products and Caterpillar's products in the U.S. with their competition in foreign markets. (D.I. 484 at 4) But the operative pleading confirms that "[t]he relevant geographic market is no broader than the United States," (D.I. 246 at ¶ 35), and at least two of the entities identified in Request for Production No. 10 are not Chinese manufacturers, (id. at ¶¶ 83-84). IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for January 17, 2023 at 3:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 1/17/2023. (lih)

January 17, 2023

CORRECTING ENTRY: Pursuant to conversation with the filer, D.I. 485 has been replaced with a revised version of the filing. (lih)

January 13, 2023

Filing 488 7.1.1 Statement re #485 MOTION for Issuance of a Hague Convention Letter of Request, by Caterpillar Inc.. (Baldwin, David) Modified on 1/13/2023 (nms).

January 12, 2023

Filing 487 Letter to The Honorable Sherry R. Fallon, from David J. Baldwin, regarding discovery dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(McGivney, Peter) Modified on 1/13/2023 (nms).

January 12, 2023

Filing 486 ORAL ORDER: The Motion for Issuance of a Hague Convention Letter of Request (D.I. #485 ) is now REFERRED to Magistrate Judge Sherry R. Fallon. Ordered by Judge Richard G. Andrews on 1/12/2023. Motions referred to Sherry R. Fallon.(nms)

January 12, 2023

LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averment by counsel for DI #485 . Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (nms)

January 11, 2023

Filing 485 MOTION for Issuance of a Hague Convention Letter of Request - filed by Caterpillar Inc.. (Attachments: #1 Letter of Request, #2 Attachment A)Motions referred to Sherry R. Fallon.(Baldwin, David) Modified on 1/11/2023 (nms).

January 11, 2023

Filing 484 Letter to The Honorable Sherry R. Fallon from Matthew D. Stachel regarding Discovery dispute. (Attachments: #1 Text of 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)(Stachel, Matthew)

January 9, 2023

Filing 483 NOTICE OF SERVICE of Subpoena to Liquidity Services, Inc., filed by Caterpillar Inc.. (Attachments: #1 Exhibit A)(McGivney, Peter) Modified on 1/9/2023 (nms).

January 9, 2023

Filing 482 NOTICE OF SERVICE of Subpoena to Sany America, Inc., filed by Caterpillar Inc.. (Attachments: #1 Exhibit A)(McGivney, Peter) Modified on 1/9/2023 (nms).

January 3, 2023

Filing 481 NOTICE OF SERVICE of Defendant Caterpillar, Inc.s Objections and Responses to Plaintiffs Fourth Set of Interrogatories filed by Caterpillar Inc..(McGivney, Peter)

January 3, 2023

Filing 480 SO ORDERED- re #479 Joint Motion for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 1/17/2023 at 03:00 PM Telephonically 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 dispute 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 1/11/2023, Responsive submission due by no later than 11:00 AM on 1/12/2023). Signed by Judge Sherry R. Fallon on 1/3/2023. (lih)

December 30, 2022

Filing 479 Joint Motion for Teleconference to Resolve Discovery Dispute - filed by International Construction Products LLC. Motions referred to Sherry R. Fallon.(Stachel, Matthew) Modified on 1/2/2023 (nms).

December 20, 2022

Filing 478 NOTICE of Subpoena to Sany America, Inc., by Caterpillar Inc.. (Attachments: #1 Exhibit)(Baldwin, David) Modified on 12/21/2022 (nms).

December 20, 2022

Filing 477 NOTICE of Subpoena to Liquidity Services, Inc., by Caterpillar Inc.. (Attachments: #1 Exhibit)(Baldwin, David) Modified on 12/21/2022 (nms).

December 20, 2022

Filing 476 NOTICE OF SERVICE of Third Set of Requests for Production of Documents to International Construction Products LLC, filed by Caterpillar Inc..(Baldwin, David) Modified on 12/21/2022 (nms).

December 9, 2022

Filing 475 ORAL ORDER: The Motion for Stay of Discovery (D.I. #462 ) is DENIED. Ordered by Judge Richard G. Andrews on 12/9/2022. (nms)

December 2, 2022

Filing 474 NOTICE OF SERVICE of Defendant Caterpillar, Inc.s Supplemental Objections and Responses to Plaintiffs Third Set of Interrogatories to Caterpillar, Inc. filed by Caterpillar Inc..(McGivney, Peter)

December 2, 2022

Filing 473 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Fourth Set of Interrogatories to Defendant Caterpillar Inc. filed by International Construction Products LLC.(Stachel, Matthew)

November 16, 2022

Filing 472 NOTICE OF SERVICE of Defendant Caterpillar, Inc.s Objections and Responses to Plaintiffs Fourth Set of Requests for Production of Documents filed by Caterpillar Inc..(McGivney, Peter)

November 7, 2022

Filing 471 REPLY Brief in further support re #463 MOTION for Certification of Interlocutory Appeal, filed by Caterpillar Inc.. (Baldwin, David) Modified on 11/7/2022 (nms).

November 7, 2022

Filing 470 REPLY Brief in further support re #462 MOTION for Stay of Discovery, filed by Caterpillar Inc.. (Baldwin, David) Modified on 11/7/2022 (nms).

October 31, 2022

Filing 469 ANSWERING BRIEF in Opposition re #462 MOTION for Stay of Discovery filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/7/2022. (Stachel, Matthew)

October 31, 2022

Filing 468 ANSWERING BRIEF in Opposition re #463 MOTION for Certification of Interlocutory Appeal filed by International Construction Products LLC.Reply Brief due date per Local Rules is 11/7/2022. (Stachel, Matthew)

October 20, 2022

Filing 467 SO ORDERED Granting Third Amended Stipulated Scheduling Order: Fact Discovery completed by 4/3/2023, Dispositive Motions due by 8/11/2023, A Jury Trial is set to start 2/5/2024, at 9:30 AM in Courtroom 6A, A Pretrial Conference is set for 1/19/2024, at 9:00 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 10/20/2022. (nms)

October 19, 2022

Filing 466 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding joint submission of Third Amended Stipulation and [Proposed] Scheduling Order. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 10/19/2022 (nms).

October 17, 2022

Set Answering Brief Deadline re #462 MOTION for Stay of Discovery. Answering Brief/Response due date per Local Rules is 10/31/2022. (nms)

October 17, 2022

Filing 465 OPENING BRIEF in Support re #463 MOTION for Certification of Interlocutory Appeal, filed by Caterpillar Inc..Answering Brief/Response due date per Local Rules is 10/31/2022. (Attachments: #1 Attachment 1)(McGivney, Peter) Modified on 10/18/2022 (nms). Modified on 10/18/2022 (nms).

October 17, 2022

Filing 464 DECLARATION of David J. Baldwin re #463 MOTION for Certification of Interlocutory Appeal, and #462 MOTION to Stay, by Caterpillar Inc.. (McGivney, Peter) Modified on 10/18/2022 (nms).

October 17, 2022

Filing 463 MOTION for Certification of Interlocutory Appeal - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(McGivney, Peter) Modified on 10/18/2022 (nms).

October 17, 2022

Filing 462 MOTION for Stay of Discovery - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(McGivney, Peter) Modified on 10/18/2022 (nms). Modified on 10/18/2022 (nms).

October 17, 2022

Filing 461 NOTICE OF SERVICE of Plaintiff International Construction Products LLC's Fourth Set of Requests for the Production of Documents to Defendant Caterpillar Inc. filed by International Construction Products LLC.(Stachel, Matthew)

October 5, 2022

Filing 460 ORAL ORDER: The schedule (D.I. #459 ) is approved, except that the court will set a definite PTC and trial date, and we need a form of order for that schedule. The schedule will go forward regardless of whether Caterpillar files any motions. Ordered by Judge Richard G. Andrews on 10/5/2022. (nms)

October 4, 2022

Filing 459 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding status. (McGivney, Peter) Modified on 10/5/2022 (nms).

September 29, 2022

Filing 458 ORAL ORDER: A joint status report is due no later than five (5) days from the date of this Order. Ordered by Judge Richard G. Andrews on 9/29/2022. (nms)

September 26, 2022

Filing 457 ORDER: Komatsu's motion for summary judgment (D.I. #394 ) is GRANTED. Caterpillar's motions for summary judgment (D.I. #390 ) and to exclude the testimony of Dr. Leitzinger (D.I. #392 ) are DENIED. Signed by Judge Richard G. Andrews on 9/26/2022. (nms)

September 26, 2022

Filing 456 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 9/26/2022. (nms)

September 1, 2022

Filing 455 Official Transcript of Oral Argument held on 8/18/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: [email protected]. 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 9/22/2022. Redacted Transcript Deadline set for 10/3/2022. Release of Transcript Restriction set for 11/30/2022. (Triozzi, Heather)

August 25, 2022

Filing 454 Letter to The Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding demonstrative ICP proffered during the August 18 Hearing and response to ICP's August 23 Letter (D.I. #452 ). (McGivney, Peter) Modified on 8/26/2022 (nms).

August 24, 2022

Filing 453 Letter to The Honorable Richard G. Andrews, from Stephanie E. O'Byrne, Esq., regarding response to 8/23/22 Letter (D.I. #452 ). (O'Byrne, Stephanie) Modified on 8/24/2022 (nms).

August 23, 2022

Filing 452 Letter to Judge Richard G. Andrews from Matthew D. Stachel regarding Phone Records. (Stachel, Matthew)

August 18, 2022

Minute Entry for proceedings held before Judge Richard G. Andrews - Hearing on the motions for summary judgment held on 8/18/2022. Counsel for Plaintiff: M. Satchel. Counsel for Defendants: S. O'Byrne, D. Baldwin. (Court Reporter Heather Triozzi.) (lah)

August 17, 2022

Filing 451 SUR-REPLY BRIEF re #390 MOTION for Summary Judgment, and #394 MOTION for Summary Judgment, filed by International Construction Products LLC. (nms)

August 17, 2022

Filing 450 ORAL ORDER: The motion for leave to file a sur-reply brief (D.I. #444 ) is GRANTED. Ordered by Judge Richard G. Andrews on 8/17/2022. (nms)

July 21, 2022

Filing 449 ORAL ORDER: A hearing on the motions for summary judgment (D.I. #390 ; D.I. #394 ) is now set for 8/18/2022, at 2:00 PM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 7/21/2022. (nms)

February 18, 2022

Filing 448 REPLY re #444 MOTION for Leave to File a Sur-Reply Brief, filed by International Construction Products LLC. (Stachel, Matthew) Modified on 2/18/2022 (nms).

February 16, 2022

Filing 447 ANSWERING BRIEF in Opposition re #444 MOTION for Leave to File a Sur-Reply Brief, filed by Caterpillar Inc..Reply Brief due date per Local Rules is 2/23/2022. (Baldwin, David) Modified on 2/17/2022 (nms).

February 16, 2022

Filing 446 ANSWERING BRIEF in Opposition re #444 MOTION for Leave to File a Sur-Reply Brief, filed by Komatsu America Corp..Reply Brief due date per Local Rules is 2/23/2022. (Biggs, Brian) Modified on 2/17/2022 (nms).

February 15, 2022

Filing 445 ORAL ORDER: The Magistrate Judge resolved a discovery dispute with an order. (D.I. 378 ). Plaintiff objects. (D.I. #377 ). Defendant Caterpillar responds. (D.I. #380 ). I review the ruling for abuse of discretion. Since I dont think the Magistrate Judge abused her discretion, Plaintiffs Objections are OVERRULED. The Magistrate Judges ruling is UPHELD. Ordered by Judge Richard G. Andrews on 2/15/2022. (nms)

February 9, 2022

Set Answering Brief Deadline re #444 MOTION for Leave to File a Sur-Reply Brief. Answering Brief/Response due date per Local Rules is 2/23/2022. (nms)

February 9, 2022

Filing 444 MOTION for Leave to File a Sur-Reply Brief - filed by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Stachel, Matthew) Modified on 2/10/2022 (nms).

February 8, 2022

Filing 443 REDACTED VERSION of #434 Supplemental Declaration of Paul D. Schmitt, by Komatsu America Corp.. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF, #7 Certificate of Service)(Biggs, Brian) Modified on 2/9/2022 (nms).

February 8, 2022

Filing 442 REDACTED VERSION of #432 Reply Brief, by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Biggs, Brian) Modified on 2/9/2022 (nms).

February 8, 2022

Filing 441 REDACTED VERSION of #433 Reply Brief, by Caterpillar Inc.. (Baldwin, David) Modified on 2/8/2022 (nms).

February 7, 2022

Filing 440 REQUEST for Oral Argument by Caterpillar Inc. re #390 MOTION for Summary Judgment, #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger. (Baldwin, David)

February 3, 2022

Filing 439 Letter to The Honorable Richard G. Andrews, from Brian A. Biggs, regarding request for oral argument for Motion for Summary Judgment (D.I. #394 ). (Biggs, Brian) Modified on 2/3/2022 (nms).

February 2, 2022

CORRECTING ENTRY: The pdf for the brief filed at D.I. #433 has been replaced with an amended version. Minor formatting issues have been corrected. (nms)

February 1, 2022

Filing 438 Joinder in #436 Reply Brief - filed by Komatsu America Corp.. (Biggs, Brian) Modified on 2/2/2022 (nms).

February 1, 2022

Filing 437 APPENDIX re #436 Reply Brief, by Caterpillar Inc.. (Baldwin, David) Modified on 2/2/2022 (nms).

February 1, 2022

Filing 436 REPLY BRIEF re #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, filed by Caterpillar Inc.. (Baldwin, David) Modified on 2/2/2022 (nms).

February 1, 2022

Filing 435 DECLARATION of Adam Dec re #433 Reply Brief, by Caterpillar Inc.. (Attachments: #1 Exhibits 43-45)(Baldwin, David) Modified on 2/2/2022 (nms).

February 1, 2022

Filing 434 [SEALED] Supplemental Declaration of Paul D. Schmitt re #394 MOTION for Summary Judgment, by Komatsu America Corp.. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF, #7 Certificate of Service)(Biggs, Brian) Modified on 2/1/2022 (nms).

February 1, 2022

Filing 433 [SEALED] REPLY BRIEF re #390 MOTION for Summary Judgment, filed by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Baldwin, David) Modified on 2/1/2022 (nms). (Main Document 433 replaced on 2/2/2022) (nms).

February 1, 2022

Filing 432 [SEALED] REPLY BRIEF re #394 MOTION for Summary Judgment, filed by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Biggs, Brian) Modified on 2/1/2022 (nms).

January 27, 2022

Filing 431 REDACTED VERSION of #429 Declaration, 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, #18 Exhibit-18, #19 Exhibit-19, #20 Exhibit-20, #21 Exhibit-21, #22 Exhibit-22, #23 Exhibit-23, #24 Exhibit-24, #25 Exhibit-25, #26 Exhibit-26, #27 Exhibit-27, #28 Exhibit-28, #29 Exhibit-29, #30 Exhibit-30, #31 Exhibit-31, #32 Exhibit-32, #33 Exhibit-33, #34 Exhibit-34, #35 Exhibit-35, #36 Exhibit-36, #37 Exhibit-37, #38 Exhibit-38, #39 Exhibit-39, #40 Exhibit-40, #41 Exhibit-41, #42 Exhibit-42, #43 Exhibit-43, #44 Exhibit-44, #45 Exhibit-45, #46 Exhibit-46, #47 Exhibit-47, #48 Exhibit-48, #49 Exhibit-49, #50 Exhibit-50, #51 Exhibit-51, #52 Exhibit-52, #53 Exhibit-53, #54 Exhibit-54, #55 Exhibit-55, #56 Exhibit-56, #57 Exhibit-57, #58 Exhibit-58, #59 Exhibit-59, #60 Exhibit-60, #61 Exhibit-61, #62 Exhibit-62, #63 Exhibit-63, #64 Certificate of Service)(Stachel, Matthew) Modified on 1/27/2022 (nms).

January 27, 2022

Filing 430 AMENDED REDACTED VERSION of #416 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Certificate of Service)(Stachel, Matthew) Modified on 1/27/2022 (nms).

January 26, 2022

Filing 429 [SEALED] DECLARATION of David E. Cole re #416 Answering Brief in Opposition, 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, #18 Exhibit-18, #19 Exhibit-19, #20 Exhibit-20, #21 Exhibit-21, #22 Exhibit-22, #23 Exhibit-23, #24 Exhibit-24, #25 Exhibit-25, #26 Exhibit-26, #27 Exhibit-27, #28 Exhibit-28, #29 Exhibit-29, #30 Exhibit-30, #31 Exhibit-31, #32 Exhibit-32, #33 Exhibit-33, #34 Exhibit-34, #35 Exhibit-35, #36 Exhibit-36, #37 Exhibit-37, #38 Exhibit-38, #39 Exhibit-39, #40 Exhibit-40, #41 Exhibit-41, #42 Exhibit-42, #43 Exhibit-43, #44 Exhibit-44, #45 Exhibit-45, #46 Exhibit-46, #47 Exhibit-47, #48 Exhibit-48, #49 Exhibit-49, #50 Exhibit-50, #51 Exhibit-51, #52 Exhibit-52, #53 Exhibit-53, #54 Exhibit-54, #55 Exhibit-55, #56 Exhibit-56, #57 Exhibit-57, #58 Exhibit-58, #59 Exhibit-59, #60 Exhibit-60, #61 Exhibit-61, #62 Exhibit-62, #63 Exhibit-63, #64 Certificate of Service)(Stachel, Matthew) Modified on 1/26/2022 (nms).

January 26, 2022

CORRECTING ENTRY: The sealed declaration filed at D.I. 417 and its companion redacted filing at D.I. 426 have been removed from the docket. Counsel advised that exhibits were inadverantly omitted from the declaration at the original time of filing (1/14/2022). Plaintiff will refile the declaration and redacted version shortly. (nms)

January 26, 2022

CORRECTING ENTRY: The pdfs at D.I. 416 have been replaced per the filer's request. Citations to exhibits have been corrected. (nms)

January 26, 2022

Motions No Longer Referred: #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger (nms)

January 21, 2022

Filing 428 REDACTED VERSION of #419 Declaration, by International Construction Products LLC. (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 Part 1, #13 Exhibit L Part 2, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit AB, #30 Exhibit AC, #31 Exhibit AD, #32 Exhibit AE, #33 Exhibit AF, #34 Exhibit AG, #35 Exhibit AH, #36 Exhibit AI, #37 Exhibit AJ, #38 Exhibit AK, #39 Exhibit AL, #40 Exhibit AM, #41 Exhibit AN, #42 Exhibit AO, #43 Exhibit AP, #44 Exhibit AQ, #45 Exhibit AR, #46 Exhibit AS, #47 Exhibit AT, #48 Exhibit AU, #49 Exhibit AV, #50 Exhibit AW, #51 Exhibit AX, #52 Exhibit AY, #53 Exhibit AZ, #54 Exhibit BA, #55 Exhibit BB, #56 Exhibit BC, #57 Exhibit BD, #58 Exhibit BE, #59 Exhibit BF, #60 Exhibit BG, #61 Exhibit BH, #62 Exhibit BI, #63 Exhibit BJ, #64 Exhibit BK, #65 Exhibit BL, #66 Exhibit BM, #67 Exhibit BN, #68 Exhibit BO, #69 Exhibit BP, #70 Exhibit BQ, #71 Exhibit BR, #72 Exhibit BS, #73 Exhibit BT, #74 Exhibit BU, #75 Exhibit BV, #76 Exhibit BW, #77 Exhibit BX, #78 Exhibit BY, #79 Exhibit BZ, #80 Exhibit CA, #81 Exhibit CB, #82 Exhibit CC, #83 Exhibit CD, #84 Exhibit CE, #85 Exhibit CF, #86 Exhibit CG, #87 Exhibit CH, #88 Exhibit CI, #89 Exhibit CJ, #90 Exhibit CK, #91 Exhibit CL)(Stachel, Matthew) Modified on 1/24/2022 (nms).

January 21, 2022

Filing 427 REDACTED VERSION of #418 Answering Brief in Opposition, by International Construction Products LLC. (Stachel, Matthew)

January 21, 2022

Filing 425 REDACTED VERSION of #416 Answering Brief in Opposition, by International Construction Products LLC. (Stachel, Matthew)

January 21, 2022

Filing 424 REDACTED VERSION of #415 Declaration by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stachel, Matthew)

January 21, 2022

Filing 423 REDACTED VERSION of #414 Answering Brief in Opposition, by International Construction Products LLC. (Stachel, Matthew)

January 18, 2022

Filing 422 REQUEST for Oral Argument re #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger, by International Construction Products LLC . (Stachel, Matthew) Modified on 1/19/2022 (nms).

January 18, 2022

Filing 421 REQUEST for Oral Argument by International Construction Products LLC re #394 MOTION for Summary Judgment. (Stachel, Matthew)

January 18, 2022

Filing 420 REQUEST for Oral Argument by International Construction Products LLC re #390 MOTION for Summary Judgment. (Stachel, Matthew)

January 14, 2022

Filing 419 [SEALED] DECLARATION re #418 Answering Brief in Opposition, by International Construction Products LLC. (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 part 1, #13 Exhibit L part 2, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit AB, #30 Exhibit AC, #31 Exhibit AD, #32 Exhibit AE, #33 Exhibit AF, #34 Exhibit AG, #35 Exhibit AH, #36 Exhibit AI, #37 Exhibit AJ, #38 Exhibit AK, #39 Exhibit AL, #40 Exhibit AM, #41 Exhibit AN, #42 Exhibit AO, #43 Exhibit AP, #44 Exhibit AQ, #45 Exhibit AR, #46 Exhibit AS, #47 Exhibit AT, #48 Exhibit AU, #49 Exhibit AV, #50 Exhibit AW, #51 Exhibit AX, #52 Exhibit AY, #53 Exhibit AZ, #54 Exhibit BA, #55 Exhibit BB, #56 Exhibit BC, #57 Exhibit BD, #58 Exhibit BE, #59 Exhibit BF, #60 Exhibit BG, #61 Exhibit BH, #62 Exhibit BI, #63 Exhibit BJ, #64 Exhibit BK, #65 Exhibit BL, #66 Exhibit BM, #67 Exhibit BN, #68 Exhibit BO, #69 Exhibit BP, #70 Exhibit BQ, #71 Exhibit BR, #72 Exhibit BS, #73 Exhibit BT, #74 Exhibit BU, #75 Exhibit BV, #76 Exhibit BW, #77 Exhibit BX, #78 Exhibit BY, #79 Exhibit BZ, #80 Exhibit CA, #81 Exhibit CB, #82 Exhibit CC, #83 Exhibit CD, #84 Exhibit CE, #85 Exhibit CF, #86 Exhibit CG, #87 Exhibit CH, #88 Exhibit CI, #89 Exhibit CJ, #90 Exhibit CK, #91 Exhibit CL, #92 Certificate of Service)(Stachel, Matthew)

January 14, 2022

Filing 418 [SEALED] ANSWERING BRIEF in Opposition re #390 MOTION for Summary Judgment filed by International Construction Products LLC.Reply Brief due date per Local Rules is 1/21/2022. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

January 14, 2022

Filing 417 [SEALED] DECLARATION re #416 Answering Brief in Opposition, 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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Certificate of Service)(Stachel, Matthew)

January 14, 2022

Filing 416 [SEALED] ANSWERING BRIEF in Opposition re #394 MOTION for Summary Judgment filed by International Construction Products LLC.Reply Brief due date per Local Rules is 1/21/2022. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

January 14, 2022

Filing 415 [SEALED] DECLARATION re #414 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Stachel, Matthew)

January 14, 2022

Filing 414 [SEALED] ANSWERING BRIEF in Opposition re #392 MOTION to Exclude The Testimony Of Dr. Jeffrey Leitzinger filed by International Construction Products LLC.Reply Brief due date per Local Rules is 1/21/2022. (Attachments: #1 Certificate of Service)(Stachel, Matthew)

January 12, 2022

Filing 413 NOTICE of Withdrawal of Randall W. Bryer as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)

January 5, 2022

Filing 412 Amended Stipulation and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 1/5/2022 (nms).

January 5, 2022

SO ORDERED, re #412 Amended Stipulation and Proposed Scheduling Order. Signed by Judge Richard G. Andrews on 1/5/2022. (nms)

December 30, 2021

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

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

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

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

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

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

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

Filing 405 DECLARATION in Support of #404 Redacted Document, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).

December 17, 2021

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

Filing 403 REDACTED VERSION of #393 Opening Brief in Support, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).

December 17, 2021

Filing 402 DECLARATION in Support of #401 Redacted Document, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).

December 17, 2021

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

Filing 400 REDACTED VERSION of #391 Opening Brief in Support, by Caterpillar Inc.. (McGivney, Peter) Modified on 12/17/2021 (nms).

December 13, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 383 NOTICE OF SERVICE of Expert Report of Dr. John Johnson, IV filed by Komatsu America Corp..(Biggs, Brian)

November 8, 2021

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

Filing 381 NOTICE of Withdrawal of David Giller as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)

November 1, 2021

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

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

Remark: The Oral Order issued by Judge Fallon on October 4, 2021, has been assigned docket item number 378 . (nms)

October 18, 2021

Filing 377 [SEALED] OBJECTIONS to 378 Oral Order, 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, #15 Certificate of Service)(Stachel, Matthew) Modified on 10/19/2021 (nms).

October 13, 2021

Filing 376 NOTICE of Withdrawal of Melissa F. Zappala as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)

October 7, 2021

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

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

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

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 4, 2021

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 1, 2021

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

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

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

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

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

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

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

Filing 367 NOTICE of Withdrawal of Jonathan H. Kim as Pro Hac Vice Counsel by International Construction Products LLC (Stachel, Matthew)

September 15, 2021

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

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

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

SO ORDERED, re #364 Amended Stipulation and Proposed Scheduling Order. Signed by Judge Richard G. Andrews on 8/4/2021. (nms)

August 3, 2021

Filing 364 Amended Stipulation and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 8/3/2021 (nms).

July 15, 2021

Filing 363 REDACTED VERSION of #359 Letter by Caterpillar Inc.. (Baldwin, David)

July 15, 2021

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

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

CORRECTING ENTRY: The redacted version of D.I. #358 has been deleted per the request of the filer. (lih)

July 12, 2021

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

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

Filing 361 NOTICE of Appearance by Peter C. McGivney on behalf of Caterpillar Inc. (McGivney, Peter)

July 8, 2021

CORRECTING ENTRY: D.I. #360 has been replaced with a revised version of the document to include a caption page. (lih)

July 7, 2021

Filing 360 EXHIBIT re #359 Letter by Caterpillar Inc.. (McGivney, Peter)

July 7, 2021

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

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

Filing 357 NOTICE OF SERVICE of Plaintiff's Notices of Subpoena filed by International Construction Products LLC.(Stachel, Matthew)

June 24, 2021

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

Filing 355 MOTION for Pro Hac Vice Appearance of Attorney Danielle Morello, Esq - filed by Caterpillar Inc.. (Baldwin, David)

June 24, 2021

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

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

Filing 353 MOTION for Pro Hac Vice Appearance of Attorney Adam Dec, Esquire - filed by Caterpillar Inc.. (Baldwin, David)

June 23, 2021

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

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

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

Filing 350 MOTION for Pro Hac Vice Appearance of Attorney Randall W. Bryer - filed by International Construction Products LLC. (Stachel, Matthew)

June 21, 2021

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

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

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

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

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

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

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

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

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

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

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

Filing 340 NOTICE OF SERVICE of Notice of Depositions of Caterpillar Employees filed by International Construction Products LLC.(Stachel, Matthew)

June 10, 2021

Filing 339 NOTICE OF SERVICE of Notices of Deposition and Notices of Subpoenas filed by International Construction Products LLC.(Stachel, Matthew)

June 9, 2021

Filing 338 NOTICE OF SERVICE of Rule 30(b)(6) Notices filed by International Construction Products LLC.(Stachel, Matthew)

June 9, 2021

Filing 337 NOTICE OF SERVICE of Rule 30(b)(1) Notices filed by International Construction Products LLC.(Stachel, Matthew)

June 1, 2021

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

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

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

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

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

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

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

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

Filing 328 STIPULATION and [Proposed] Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 3/25/2021 (nms).

March 22, 2021

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

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

Filing 325 MOTION for Pro Hac Vice Appearance of Attorney David E. Cole - filed by International Construction Products LLC. (Stachel, Matthew)

March 16, 2021

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

Filing 323 MOTION for Pro Hac Vice Appearance of Attorney David E. Cole - filed by International Construction Products LLC. (Stachel, Matthew)

March 16, 2021

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

Filing 322 Official Transcript of Teleconference held on 2/18/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: [email protected]. 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

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

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

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

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

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

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

Filing 316 Joint Proposed Scheduling Order, by International Construction Products LLC. (Stachel, Matthew) Modified on 1/20/2021 (nms).

January 11, 2021

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

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

Filing 314 MOTION for Pro Hac Vice Appearance of Attorney Jonathan H. Kim - filed by International Construction Products LLC. (Stachel, Matthew)

January 8, 2021

Filing 313 MOTION for Pro Hac Vice Appearance of Attorney David Giller - filed by International Construction Products LLC. (Stachel, Matthew)

January 8, 2021

Filing 312 MOTION for Pro Hac Vice Appearance of Attorney Melissa F. Zappala - filed by International Construction Products LLC. (Stachel, Matthew)

January 8, 2021

Filing 311 MOTION for Pro Hac Vice Appearance of Attorney Amy J. Mauser - filed by International Construction Products LLC. (Stachel, Matthew)

January 8, 2021

Filing 310 MOTION for Pro Hac Vice Appearance of Attorney William A. Isaacson - filed by International Construction Products LLC. (Stachel, Matthew)

January 8, 2021

Filing 309 NOTICE of Appearance by Matthew D. Stachel on behalf of International Construction Products LLC (Stachel, Matthew)

January 8, 2021

Filing 308 NOTICE of Appearance by Daniel Alan Mason on behalf of International Construction Products LLC (Mason, Daniel)

January 8, 2021

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

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

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

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

Filing 305 Letter to The Honorable Richard G. Andrews from Nathan R. Hoeschen. (Attachments: #1 Exhibit A)(Hoeschen, Nathan)

September 16, 2020

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

Filing 303 NOTICE of Withdraw of Appearance of Denise S. Kraft by Komatsu America Corp. (Biggs, Brian)

August 26, 2020

Filing 302 DECLARATION of Chris Schafer re #301 Response, by Komatsu America Corp.. (Biggs, Brian) Modified on 8/26/2020 (nms).

August 26, 2020

Filing 301 RESPONSE to #298 Order, filed by Komatsu America Corp.'s. (Biggs, Brian) Modified on 8/26/2020 (nms).

August 26, 2020

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

Filing 300 AMENDED ANSWER to #246 Amended Complaint by Komatsu America Corp.. (Biggs, Brian)

August 24, 2020

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

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

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

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

Filing 296 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/11/2020. (lak)

August 10, 2020

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

Filing 294 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/10/2020. (lak)

August 10, 2020

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

Filing 292 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/10/2020. (lak)

May 14, 2020

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

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

Filing 289 NOTICE requesting Clerk to remove Ashley Eickhof as co-counsel. Reason for request: changing law firms. (Baldwin, David)

January 3, 2020

Filing 288 NOTICE of Change of Law Firm Name by Associated Auction Services LLC, Ziegler, Inc. (Gallagher, Henry)

December 16, 2019

Filing 287 REQUEST for Oral Argument by Caterpillar Inc. re #261 MOTION to Partially Dismiss. (Baldwin, David)

December 13, 2019

Filing 286 NOTICE of Appearance by Erin E. Larson on behalf of Komatsu America Corp. (Larson, Erin)

December 12, 2019

Filing 285 REDACTED VERSION of #281 Reply Brief, by Caterpillar Inc.. (Baldwin, David) Modified on 12/13/2019 (nms).

December 11, 2019

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

Filing 283 REDACTED VERSION of #276 Answering Brief in Opposition, by International Construction Products LLC. (Attachments: #1 Exhibit A)(Hoeschen, Nathan)

December 9, 2019

Filing 282 REPLY BRIEF re #257 MOTION to Strike Allegations in the Third Amended Complaint filed by Caterpillar Inc.. (Baldwin, David)

December 9, 2019

Filing 281 [SEALED] REPLY BRIEF re #261 MOTION to Partially Dismiss filed by Caterpillar Inc.. (Baldwin, David)

December 9, 2019

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

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

Attorney address updated per D.I. #278 . (amf)

December 6, 2019

Filing 278 NOTICE of Change of Address by David J. Baldwin (Baldwin, David)

December 2, 2019

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

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

Filing 275 REDACTED VERSION of #264 Answer to Amended Complaint by Caterpillar Inc.. (Baldwin, David)

November 21, 2019

Filing 274 REDACTED VERSION of #262 Opening Brief in Support by Caterpillar Inc.. (Baldwin, David)

November 21, 2019

Filing 273 REDACTED VERSION of #258 Opening Brief in Support, by Caterpillar Inc.. (Attachments: #1 Exhibit A)(Baldwin, David)

November 21, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 256 REDACTED VERSION of #252 Answering Brief in Opposition, by Caterpillar Inc.. (Baldwin, David) Modified on 11/13/2019 (nms).

November 12, 2019

Filing 255 MOTION for Pro Hac Vice Appearance of Attorney Scott Keller - filed by Caterpillar Inc.. (Baldwin, David)

November 12, 2019

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

Filing 254 JOINDER re #249 Answering Brief in Opposition, by Ziegler, Inc., . (Gallagher, Henry) Modified on 11/8/2019 (nms).

November 8, 2019

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

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

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

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

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

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

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

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

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

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

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

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

Filing 242 MOTION for Partial Reargument - filed by International Construction Products LLC. (Hoeschen, Nathan) Modified on 10/25/2019 (nms).

October 17, 2019

Filing 241 NOTICE requesting Clerk to remove Aaron Stein Rabinowitz as co-counsel. Reason for request: Leaving firm. (Baldwin, David)

October 15, 2019

Filing 240 SO ORDERED Granting #239 STIPULATION and Proposed Order. Signed by Judge Richard G. Andrews on 10/15/2019. (nms)

October 11, 2019

Filing 239 STIPULATION and Proposed Order - filed by Caterpillar Inc.. (Baldwin, David) Modified on 10/15/2019 (nms).

October 10, 2019

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

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

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

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

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

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

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 19, 2019

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 6, 2019

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

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

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

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

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

Filing 230 NOTICE of Subpoena on Kent Adams by International Construction Products LLC (Hoeschen, Nathan)

August 6, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 216 NOTICE of Change of Address by Henry E. Gallagher, Jr (Gallagher, Henry)

February 28, 2019

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

Filing 215 EXHIBIT 1 to #214 Letter, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/25/2019 (nms).

February 22, 2019

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

Filing 213 STIPULATION and Proposed Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/22/2019 (nms).

February 22, 2019

SO ORDERED, re #213 Stipulation and Proposed Order. Signed by Judge Richard G. Andrews on 2/22/2019. (nms)

February 5, 2019

Filing 212 REDACTED VERSION of #210 Letter, by International Construction Products LLC. (Hoeschen, Nathan)

January 31, 2019

Filing 211 NOTICE requesting Clerk to remove J. Wells Harrell as co-counsel.. (Hoeschen, Nathan)

January 29, 2019

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

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

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

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

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

Filing 205 REPLY BRIEF re #182 MOTION to Dismiss Second Amended Complaint filed by Thompson Tractor Company, Inc.. (Grant, M.)

January 22, 2019

Filing 204 REPLY BRIEF re #188 MOTION to Dismiss Second Amended Complaint filed by Ziegler, Inc.. (Gallagher, Henry)

January 22, 2019

Filing 203 REPLY BRIEF re #191 MOTION to Dismiss Second Amended Complaint filed by Associated Auction Services LLC. (Gallagher, Henry)

January 22, 2019

Filing 202 REPLY BRIEF re #180 MOTION to Dismiss Second Amended Complaint filed by Caterpillar Inc.. (Baldwin, David)

January 16, 2019

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

Filing 201 REDACTED VERSION of #200 Answering Brief in Opposition,, by International Construction Products LLC. (Hoeschen, Nathan)

January 8, 2019

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

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

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

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

Filing 197 REDACTED VERSION of #181 Opening Brief in Support, by Caterpillar Inc.. (Baldwin, David) Modified on 12/11/2018 (nms).

December 7, 2018

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

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

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

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

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

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

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

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

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

Filing 188 MOTION to Dismiss Second Amended Complaint - filed by Ziegler, Inc.. (Gallagher, Henry) Modified on 12/5/2018 (nms).

December 4, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 174 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Ziegler, Inc.. (Gallagher, Henry)

October 10, 2018

Filing 173 NOTICE of Appearance by Henry E. Gallagher, Jr on behalf of Ziegler, Inc. (Gallagher, Henry)

October 10, 2018

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

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

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

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

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

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

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

Filing 168 NOTICE of Appearance by M. Duncan Grant on behalf of Thompson Tractor Company, Inc. (Grant, M.)

October 9, 2018

Filing 167 NOTICE of Appearance by James Harry Stone Levine on behalf of Thompson Tractor Company, Inc. (Levine, James Harry)

October 8, 2018

Filing 166 NOTICE of Appearance by Dominick T. Gattuso on behalf of Ring Power Corporation (Gattuso, Dominick)

October 3, 2018

Filing 165 REDACTED VERSION of #162 Amended Complaint by International Construction Products LLC. (Hoeschen, Nathan)

October 2, 2018

Filing 164 REDACTED VERSION of #159 Letter by International Construction Products LLC. (Hoeschen, Nathan)

September 27, 2018

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

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

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

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

Filing 160 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 9/26/2018. (nms)

September 25, 2018

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

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

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

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

Filing 156 REQUEST for Oral Argument by International Construction Products LLC re #150 MOTION to Supplement the Record. (Hoeschen, Nathan)

September 14, 2018

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

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

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

Filing 152 REDACTED VERSION of #151 Opening Brief in Support by International Construction Products LLC. (Russell, Andrew)

August 24, 2018

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

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

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

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

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

Filing 146 STIPULATION of Dismissal, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 11/30/2017 (nms).

October 24, 2017

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

Filing 144 REDACTED VERSION of #143 Reply Brief, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 10/13/2017 (nms).

October 6, 2017

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

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

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

Filing 141 Joint Status Report, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 9/27/2017 (nms).

September 25, 2017

Filing 140 REDACTED VERSION of #135 Letter, by International Construction Products LLC. (Hoeschen, Nathan)

September 22, 2017

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

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

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

Filing 136 PROPOSED Order to #134 Letter, by Caterpillar Inc.. (Baldwin, David) Modified on 9/20/2017 (nms).

September 18, 2017

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

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

SO ORDERED, re #133 Stipulation and Order on Discovery Conference. Signed by Judge Richard G. Andrews on 9/18/2017. (nms)

September 15, 2017

Filing 133 STIPULATION and Proposed Order on Discovery Conference, by Caterpillar Inc.. (Baldwin, David) Modified on 9/18/2017 (nms).

September 12, 2017

SO ORDERED, re #132 Stipulation and Proposed Order regarding discovery. Signed by Judge Richard G. Andrews on 9/12/2017. (nms)

September 11, 2017

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

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

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

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

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

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

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

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

Filing 125 MOTION for Pro Hac Vice Appearance of Attorney Michael S. Mitchell - filed by International Construction Products LLC. (Hoeschen, Nathan)

August 30, 2017

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

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

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

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

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

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

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

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

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

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

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

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

Filing 114 MOTION for Pro Hac Vice Appearance of Attorney Richard C. Landon - filed by Associated Auction Services LLC. (Gallagher, Henry)

April 3, 2017

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

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

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

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

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

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

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

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

Filing 108 STIPULATION and Proposed Order to Extend Deadlines - filed by Caterpillar Inc.. (Baldwin, David) Modified on 5/26/2017 (nms).

March 24, 2017

Filing 107 NOTICE OF SERVICE of Plaintiff's Subpoena Directed to IronPlanet, Inc. filed by International Construction Products LLC.(Hoeschen, Nathan)

March 24, 2017

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

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

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

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

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

Filing 101 MOTION for Pro Hac Vice Appearance of Attorney J. Wells Harrell - filed by International Construction Products LLC. (Hoeschen, Nathan)

March 13, 2017

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 13, 2017

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 7, 2017

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

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

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

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

Filing 97 NOTICE OF SERVICE of Initial Disclosures of Caterpillar Inc. filed by Caterpillar Inc..(Baldwin, David)

March 6, 2017

Filing 96 NOTICE OF SERVICE of (1) Plaintiff's Initial Disclosures filed by International Construction Products LLC.(Hoeschen, Nathan)

February 24, 2017

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

Filing 94 PROPOSED Scheduling Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/23/2017 (nms).

February 21, 2017

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

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

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

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

CORRECTING ENTRY: The Clerk's Office corrected DI# 91. (Name was misspelled). (rwc)

January 31, 2017

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

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

Filing 90 ANSWER to #48 Amended Complaint, by Associated Auction Services LLC.(Gallagher, Henry) Modified on 1/23/2017 (nms).

January 17, 2017

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

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

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

Filing 86 PROPOSED Stipulated Confidentiality and Protective Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 1/5/2017 (nms).

January 4, 2017

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

Filing 84 NOTICE of withdrawal of Laura D. Hatcher by Komatsu America Corp. (Kraft, Denise)

December 5, 2016

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

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

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

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

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

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

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

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

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

Filing 74 REPLY BRIEF re #67 MOTION to Clarify or Review filed by Associated Auction Services LLC. (Gallagher, Henry)

September 21, 2016

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

Filing 73 ANSWER to #48 Amended Complaint with Jury Demand, by Caterpillar Inc..(Baldwin, David) Modified on 9/21/2016 (nms).

September 20, 2016

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

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

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

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

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

Filing 67 MOTION to Clarify or Review - filed by Associated Auction Services LLC. (Gallagher, Henry) Modified on 8/31/2016 (nms).

August 31, 2016

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

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

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

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

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

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

Filing 62 Letter to Honorable Richard G. Andrews from M. Duncan Grant regarding Oral Augument. (Grant, M.)

June 10, 2016

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

Filing 60 REQUEST for Oral Argument by International Construction Products LLC re #54 MOTION to Dismiss Amended Complaint. (Shaw, John)

April 1, 2016

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

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

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

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

Filing 54 MOTION to Dismiss Amended Complaint - filed by Caterpillar Inc.. (Baldwin, David) Modified on 3/4/2016 (nms).

February 11, 2016

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

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

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

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

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

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

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

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

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

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

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

Filing 43 Letter to The Honorable Richard G. Andrews from M. Duncan Grant regarding Oral Argument. (Grant, M.)

October 13, 2015

Filing 42 MOTION for Pro Hac Vice Appearance of Attorney Amy J. Mauser - filed by International Construction Products LLC. (Fry, David)

October 13, 2015

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

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

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

Filing 41 MOTION for Pro Hac Vice Appearance of Attorney Robert J. Brookhiser, Jr. - filed by Caterpillar Inc.. (Baldwin, David)

August 6, 2015

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

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

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

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

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

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

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

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

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

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

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

Filing 33 MOTION to Dismiss - filed by Volvo Construction Equipment North America LLC. (Levine, James Harry)

April 20, 2015

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

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

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

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

Filing 27 MOTION to Dismiss - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 4/21/2015 (nms).

April 17, 2015

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

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

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

Filing 23 MOTION for Pro Hac Vice Appearance of Attorney David Boies - filed by International Construction Products LLC. (Shaw, John)

April 8, 2015

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

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

Filing 21 MOTION for Pro Hac Vice Appearance of Attorney David Boies - filed by International Construction Products LLC. (Shaw, John)

March 16, 2015

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

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

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

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

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)

March 10, 2015

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)

February 27, 2015

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

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

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

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

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

Filing 16 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Caterpillar Inc.. (Baldwin, David)

February 18, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by International Construction Products LLC. (rwc)

January 29, 2015

Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc)

January 29, 2015

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

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)

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
Represented By:	Jeffrey H. Wood
Represented By:	Danielle Morello
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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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Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
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