Barrera v. Caterpillar, Inc.
| Baldemar Barrera, Jr. and Michelle Barrera |
| Caterpillar, Inc. |
| Robert Michael Daisley |
| 8:2009cv02305 |
| November 12, 2009 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Virginia M Hernandez Covington |
| Elizabeth A Jenkins |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 37
ENDORSED ORDER: That on the basis of the Plaintiffs' notice of settlement #36, this cause is hereby DISMISSED, without prejudice and subject to the right of the parties, within SIXTY (60) days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that SIXTY (60) day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and pending motions, and administratively close the case pending further Order. Signed by Judge Virginia M. Hernandez Covington on 1/21/2011. (KAK)
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| Filing 36 NOTICE of Settlement by Baldemar Barrera, Jr, Michelle Barrera (Wimbish, Gary) |
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Filing 35
ENDORSED ORDER granting #34 Joint Motion for Limited Extension of Deadlines to Designate Expert Witnesses. Plaintiff's expert disclosure deadline is extended to January 21, 2011, and Defendant's expert disclosure deadline is extended to February 18, 2011. Signed by Judge Virginia M. Hernandez Covington on 12/15/2010. (KAK)
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| Filing 34 Joint MOTION to extend time to Designate Experts by Baldemar Barrera, Jr, Michelle Barrera, Caterpillar, Inc.. (Wimbish, Gary) |
| Filing 33 NOTICE by Baldemar Barrera, Jr, Michelle Barrera of Proposal Of Settlement (Wimbish, Gary) |
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Filing 32
ORDER granting #28 Motion for examination. Signed by Magistrate Judge Elizabeth A. Jenkins on 11/18/2010. (JBF)
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Filing 31
ENDORSED ORDER granting #30 Joint Motion for Limited Extension of Deadlines to Designate Expert Witnesses. The Barreras may disclose expert witnesses on or before December 22, 2010, and Catepillar, Inc. may disclose expert witnesses on or before January 19, 2011. Signed by Judge Virginia M. Hernandez Covington on 11/18/2010. (KAK)
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| Filing 30 Joint MOTION to extend time to Designate Experts by Baldemar Barrera, Jr, Michelle Barrera, Caterpillar, Inc.. (Wimbish, Gary) |
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Filing 29
ORDER granting #27 Motion for examination. Signed by Magistrate Judge Elizabeth A. Jenkins on 10/29/2010. (JBF)
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| Filing 28 MOTION for Vocational examination by Caterpillar, Inc.. (Attachments: #1 Exhibit A)(Black, Kelsey) |
| Filing 27 Unopposed MOTION for Physical examination by Caterpillar, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Black, Kelsey) |
| Filing 26 ANSWER and affirmative defenses with Jury Demand to #23 Amended complaint by Caterpillar, Inc..(Waterway, Kenneth) |
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Filing 25
ENDORSED ORDER granting #24 Joint Motion for Limited Extension of Deadlines to Designate Expert Witnesses, Complete Discovery, and Hold Mediation. (1) The deadline for Plaintiffs to designate experts is extended to November 22, 2010. (2) The deadline for Defendants to designate experts is extended to December 20, 2010. (3) The deadline for supplementation of expert reports and responses is extended to February 17, 2011. (4) The discovery deadline is extended to February 17, 2011. (5) The dispositive motions deadline is extended to February 14, 2011. (6) Pretrial disclosures are due March 28, 2011. (7) the mediation shall be held by April 14, 2011. Signed by Judge Virginia M. Hernandez Covington on 9/2/2010. (KAK)
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| Filing 24 Joint MOTION for extension of time to complete discovery by Baldemar Barrera, Jr, Michelle Barrera. (Wimbish, Gary) Motions referred to Magistrate Judge Elizabeth A. Jenkins. |
| Filing 23 AMENDED COMPLAINT against Caterpillar, Inc. with Jury Demand filed by Baldermar Barrera, Jr.(Wimbish, Gary) |
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Filing 22
ENDORSED ORDER granting #21 Plaintiff's Consent Motion to Amend Complaint. Plaintiff may file an amended complaint within ten days of the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 8/9/2010. (KAK)
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| Filing 21 Consent MOTION to amend/correct Complaint by Baldermar Barrera, Jr. (Attachments: #1 Exhibit A - Amended Complaint)(Wimbish, Gary) |
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Filing 20
ORDER appointing Robert Michael Daisley as mediator in this action. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 4/13/2010. (ACD)
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| Filing 19 NOTICE OF SELECTION of Robert Michael Daisley as mediator by Baldermar Barrera, Jr. (Wimbish, Gary) |
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Filing 18
ENDORSED ORDER granting #17 Joint Motion for Extension of Time to File Notice of Selection of Mediator and Scheduling Mediation. The parties have until and including April 8, 2010, to file a notice of selection of mediator and scheduling of mediation. Signed by Judge Virginia M. Hernandez Covington on 3/30/2010. (KAK)
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| Filing 17 Joint MOTION to extend time to select mediator and schedule mediation by Baldermar Barrera, Jr, Caterpillar, Inc.. (Waterway, Kenneth) |
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Filing 16
ORDER REFERRING CASE to mediation and directing selection of a mediator within twenty days of the date of this order. Plaintiff's counsel to coordinate dates. Mediation shall be conducted on or before December 1, 2010. Signed by Judge Virginia M. Hernandez Covington on 3/9/2010. (KAK)
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| Filing 15 NOTICE by Baldermar Barrera, Jr of Service of Response to Interrogatories (Wimbish, Gary) COUNSEL CALLED AND NOTIFIED ABOUT LOCAL RULES REGARDING DISCOVERY. Modified on 3/8/2010 (RFM). |
| Filing 14 NOTICE by Baldermar Barrera, Jr of Service of Response to Request to Produce (Wimbish, Gary) COUNSEL CALLED AND NOTIFIED ABOUT LOCAL RULES REGARDING DISCOVERY. Modified on 3/8/2010 (RFM). |
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Filing 13
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/10/2010, Joinder of Parties due by 9/10/2010, Discovery due by 12/17/2010, Dispositive motions due by 12/14/2010, Pretrial statement due by 4/8/2011, Plaintiff disclosure of expert report due by 9/20/2010, Defendant disclosure of expert report due by 10/18/2010, Final Pretrial Conference set for 4/15/2011 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Jury Trial set during the May 2011 trial term at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Signed by Judge Virginia M. Hernandez Covington on 3/5/2010. (LS)
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| Filing 12 NOTICE of Appearance by Gary Louis Wimbish on behalf of Baldermar Barrera, Jr (Wimbish, Gary) |
| Filing 11 CASE MANAGEMENT REPORT. (Knight, Kathleen) |
| Filing 10 CASE MANAGEMENT REPORT. (Knight, Kathleen) DOCUMENT CONTAINS ELECTRONIC SIGNATURE OF ONLY PLAINTIFF'S COUNSEL. COUNSEL CALLED AND INSTRUCTED TO REFILE. Modified on 2/4/2010 (RFM). |
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Filing 9
ENDORSED ORDER granting #8 Motion for Extension of Time to File Local Rule 3.05 Case Management Report. The Case Management Report shall be filed within ten days of the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 2/1/2010. (KAK)
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| Filing 8 Amended MOTION for extension of time to file document Local Rule 3.05 Case Management Report by Baldermar Barrera, Jr. (Knight, Kathleen) |
| Filing 7 Unopposed MOTION for extension of time to file document Local Rule 3.05 Case Management Report by Baldermar Barrera, Jr. (Knight, Kathleen) |
| Filing 6 NOTICE of Appearance by Kathleen Clark Knight on behalf of Baldermar Barrera, Jr (Knight, Kathleen) |
| Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 1/11/2010. (LS) |
| Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Caterpillar, Inc. (RFM) |
| Filing 3 ANSWER and affirmative defenses to #2 Complaint with Jury Demand by Caterpillar, Inc. Filed in state court on 9/17/09.(RFM) |
| Filing 2 COMPLAINT against Caterpillar, Inc. with Jury Demand filed by Baldermar Barrera, Jr. Filed in state court on 8/17/09. (RFM) |
| Filing 1 NOTICE OF REMOVAL from 13th Judicial Circuit in and for Hillsborough County, case number 09-20730 filed in State Court on 8/17/09. Filing fee $350, receipt number T052723 filed by Caterpillar, Inc. (Attachments: #(1) Exhibit Pages 1 through 10, #(2) Exhibit Pages 1 thru 19, #(3) Civil Cover Sheet) (RFM) |
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