INTERNATIONAL CONSTRUCTION PRODUCTS LLC v. RING POWER CORPORATION et al
| INTERNATIONAL CONSTRUCTION PRODUCTS LLC |
| RING POWER CORPORATION, THOMPSON TRACTOR COMPANY INC, ZIEGLER, INC. and ZIEGLER INC |
| 5:2020cv00226 |
| August 26, 2020 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| T KENT WETHERELL |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Both |
Docket Report
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Filing 408
ORDER AWARDING COSTS. Defendant Ring Power Corporation shall recover $14,376.15 in costs from Plaintiff. Defendant Ziegler, Inc. shall recover $15,093.75 in costs from Plaintiff. Defendant Thompson Tractor Company shall recover $15,264.25 incosts from Plaintiff. Signed by JUDGE T KENT WETHERELL II on 01/25/22. (jfj)
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| Set Deadline re: #395 MEMORANDUM in Support re #394 Bill of Costs by RING POWER CORPORATION, #397 MEMORANDUM in Support re #396 Bill of Costs by ZIEGLER INC., #399 MEMORANDUM in Support re #398 Bill of Costs by THOMPSON TRACTOR COMPANY INC., and #403 , #404 , #405 MEMORANDUM in Opposition by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. Clerk to check status on 3/21/2022. (jfj) |
| Filing 407 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #402 Notice of Appeal ; (jfj) |
| Filing 406 Appeal Instructions re: #402 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 2/3/2022. (jfj) |
| Filing 405 MEMORANDUM in Opposition re #398 Bill of Costs by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Exhibit 1) (ISAACSON, WILLIAM) |
| Filing 404 MEMORANDUM in Opposition re #396 Bill of Costs by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (ISAACSON, WILLIAM) |
| Filing 403 MEMORANDUM in Opposition re #394 Bill of Costs by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (ISAACSON, WILLIAM) |
| Set Deadlines re #402 Notice of Appeal : Clerk to check status of Appeal on 4/19/2022. (jfj) |
| Filing 402 NOTICE OF APPEAL as to #392 Order on Motion for Summary Judgment,,,,, #393 Clerk's Judgment by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. ( Filing fee $505 Receipt Number AFLNDC-6633600.) (ISAACSON, WILLIAM) |
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Filing 401
ORDER re #400 MOTION to Withdraw as Attorney. ORDERED that the motion is GRANTED, and attorney Randall W. Bryer shall have no further obligation to represent Plaintiff in this case. The Clerk shall terminate Mr. Bryer as counsel of record for Plaintiff in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 01/13/22. (jfj)
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| Filing 400 MOTION to Withdraw as Attorney by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (BRYER, RANDALL) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #400 MOTION TO WITHDRAW RANDALL W. BRYER AS COUNSEL FOR PLAINTIFF INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (jfj) |
| Filing 399 MEMORANDUM in Support re #398 Bill of Costs by THOMPSON TRACTOR COMPANY INC. (HEEP, JEREMY) |
| Filing 398 BILL OF COSTS by THOMPSON TRACTOR COMPANY INC. (Attachments: #1 Exhibit A) (HEEP, JEREMY) |
| Filing 397 MEMORANDUM in Support re #396 Bill of Costs by ZIEGLER INC. (LANDON, RICHARD) |
| Filing 396 BILL OF COSTS by ZIEGLER INC. (Attachments: #1 Exhibit A) (LANDON, RICHARD) |
| Filing 395 MEMORANDUM in Support re #394 Bill of Costs by RING POWER CORPORATION. (HULSBERG, SARAH) |
| Filing 394 BILL OF COSTS by RING POWER CORPORATION. (Attachments: #1 Exhibit Exhibit to Bill of Costs) (HULSBERG, SARAH) |
| Filing 393 CLERK'S JUDGMENT re #392 ORDER GRANTING SUMMARY JUDGMENT. (90 Day Deadline set for 3/23/2022 to dispose working file pursuant to retention policy.) (jfj) |
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Filing 392
ORDER GRANTING SUMMARY JUDGMENT. ORDERED that Defendants' motions for summary judgment (Docs. #358 , #359 , #361 ) are GRANTED. The Clerk shall enter judgment in favor of Defendants and close the case file. Signed by JUDGE T KENT WETHERELL II on 12/23/21. (jfj)
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Filing 389
ORDER granting #388 Motion to Withdraw as Attorney, and attorney David Giller shall have no further obligation to represent Plaintiff in this case. The Clerk shall terminate Mr. Giller as counsel for Plaintiff in CM/ECF. Attorney DAVID MORRIS GILLER terminated. Signed by JUDGE T KENT WETHERELL II on 11/3/2021. (mb)
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| Filing 388 MOTION to Withdraw as Attorney by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (GILLER, DAVID) |
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Filing 387
ORDER OVERRULING OBJECTIONS - That Plaintiff's objections to Thompson'ssummary judgment evidence (Doc. #373 ) are OVERRULED. Signed by JUDGE T KENT WETHERELL II on 11/1/2021. (mb)
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Filing 386
ORDER DENYING RULE 56(D) MOTION. That Plaintiff's Rule 56(d) motion to continue or defer consideration of Defendants' motions for summary judgment (Doc. #374 ) is DENIED. Signed by JUDGE T KENT WETHERELL II on 11/1/2021. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #385 Response. (alb) |
| Filing 385 RESPONSE by THOMPSON TRACTOR COMPANY INC re #373 Memorandum in Opposition To ICPs Rule 56(C)(2) Objections. (Attachments: #1 Declaration Of Jeremy Heep, #2 Exhibit A To Declaration) (HEEP, JEREMY) |
| Filing 384 RESPONSE by RING POWER CORPORATION, THOMPSON TRACTOR COMPANY INC, ZIEGLER INC re #374 Affidavit . (HULSBERG, SARAH) |
| Filing 383 REPLY to Response to Motion re #358 MOTION for Summary Judgment Defendant Ring Power Corporation's Motion for Summary Judgment and Incorporated Memorandum of Law filed by RING POWER CORPORATION. (GIURATO, GERALD) |
| Filing 382 REPLY to Response to Motion re #359 MOTION for Summary Judgment filed by ZIEGLER INC. (LANDON, RICHARD) |
| Filing 381 MEMORANDUM in Support re #361 MOTION for Summary Judgment filed by THOMPSON TRACTOR COMPANY INC. (HEEP, JEREMY) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: Response to #374 MOTION due by 10/13/2021. (mb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: Set Deadlines re #375 MEMORANDUM in Opposition re #359 MOTION for Summary Judgment, #358 MOTION for Summary Judgment Defendant Ring Power Corporation's Motion for Summary Judgment and Incorporated Memorandum of Law, #361 MOTION for Summary Judgment (REDACTED). (Replies due by 10/19/2021). (Replies not filed). (mb) |
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Filing 380
ORDER granting #378 Motion to Withdraw, and attorney Melissa F. Zappala shall have no further obligation to represent Plaintiff in this case. The Clerk shall terminate Ms. Zappala as counsel of record for Plaintiff in CM/ECF. Attorney MELISSA BROOKE FELDER ZAPPALA terminated. Signed by JUDGE T KENT WETHERELL II on 10/14/2021. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #378 MOTION to Withdraw as Attorney Melissa F. Zappala (mb) |
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Filing 379
ORDER. Defendant Thompson Tractor Company shall respond to the objections (Doc. #373 ) within 14 days from the date of this Order. The declaration (Doc. #374 ) is treated as a motion, and Defendants shall file a response (jointly, if possible) within 14 days from the date of this Order. No reply is authorized. See N.D. Fla. Loc. R. 7.1(I). The stipulation (Doc. #377 ) is treated as an unopposed motion to modify the existing briefing schedule and is GRANTED. Plaintiff shall have until October 13, 2021, to file the unredacted documents in opposition to Defendants' motions for summary judgment. (Internal deadline for referral to judge if response to objections not filed earlier: 10/27/2021). Response to #374 MOTION due by 10/13/2021.) Signed by JUDGE T KENT WETHERELL II on 10/13/2021. (mb)
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| Filing 378 MOTION to Withdraw as Attorney Melissa F. Zappala by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (MAUSER, AMY) |
| Set Deadlines re #375 MEMORANDUM in Opposition re #359 MOTION for Summary Judgment, #358 MOTION for Summary Judgment Defendant Ring Power Corporation's Motion for Summary Judgment and Incorporated Memorandum of Law, #361 MOTION for Summary Judgment (REDACTED). (Replies due by 10/19/2021). (mb) |
| Set Deadlines re #373 MEMORANDUM in Opposition / Plaintiff's Objections to Defendant Thompson Tractor Company, Inc.'s Evidence in Support of Its Motion for Summary Judgment re #369 STIPULATION Regarding Briefing of Defendants' Motions for Summary Judgment. (Replies due by 10/19/2021). (mb) |
| Filing 377 STIPULATION re #359 MOTION for Summary Judgment , #358 MOTION for Summary Judgment Defendant Ring Power Corporation's Motion for Summary Judgment and Incorporated Memorandum of Law, #361 MOTION for Summary Judgment (Stipulation Regarding Briefing of Defendants' Motions for Summary Judgment) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (COLE, DAVID) |
| Filing 376 AFFIDAVIT in Opposition re #359 MOTION for Summary Judgment , #358 MOTION for Summary Judgment Defendant Ring Power Corporation's Motion for Summary Judgment and Incorporated Memorandum of Law, #361 MOTION for Summary Judgment (REDACTED Declaration of Randall W. Bryer) 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, #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 Exhibit-104, #105 Exhibit-105, #106 Exhibit-106, #107 Exhibit-107, #108 Exhibit-108, #109 Exhibit-109, #110 Exhibit-110) (COLE, DAVID) |
| Filing 375 MEMORANDUM in Opposition re #359 MOTION for Summary Judgment , #358 MOTION for Summary Judgment Defendant Ring Power Corporation's Motion for Summary Judgment and Incorporated Memorandum of Law, #361 MOTION for Summary Judgment (REDACTED) filed by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (COLE, DAVID) |
| Filing 374 AFFIDAVIT / Declaration of David E. Cole under Rule 56(D) to Continue or Defer Defendants' Motions for Summary Judgment by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (COLE, DAVID) |
| Filing 373 MEMORANDUM in Opposition / Plaintiff's Objections to Defendant Thompson Tractor Company, Inc.'s Evidence in Support of Its Motion for Summary Judgment by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (COLE, DAVID) |
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Filing 372
ORDER MODIFYING BRIEFING SCHEDULE re Parties' Stipulation regarding briefing of Defendant's motions for summary judgment #369 . That the stipulation is treated as an unopposed motion to modify the existing briefing schedule and is GRANTED. Plaintiff shall have until October 12, 2021, to file its response in opposition to Defendants' motions for summary judgment. (Internal deadline for referral to judge if response not filed earlier: 10/12/2021).) Signed by JUDGE T KENT WETHERELL II on 10/7/2021. (mb)
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Filing 371
ORDER AUTHORIZING FILING EXHIBITS UNDER SEAL re #370 Defendants' Unopposed Motion to File Exhibits Under Seal. That the motion is GRANTED, and Plaintiff may file the exhibits listed in the motion under seal. If feasible, a redacted version of the exhibits shall also be separately filed in accordance with Local Rule 5.5(D). Signed by JUDGE T KENT WETHERELL II on 20-226. (mb)
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| Filing 370 MOTION to Seal Document (Unopposed) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Text of Proposed Order) (COLE, DAVID) |
| Filing 369 STIPULATION Regarding Briefing of Defendants' Motions for Summary Judgment by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (COLE, DAVID) |
| Set Deadlines re #368 ORDER. (Internal deadline for referral to judge if Plaintiff's response to summary judgment not filed earlier: 10/8/2021). (mb) |
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Filing 368
ORDER MODIFYING BRIEFING SCHEDULE re #367 Parties' Stipulation. That the stipulation is treated as an unopposed motion to modify the existing briefing schedule and is GRANTED. Plaintiff shall have until October 8, 2021, to file its response in opposition to Defendants' motions for summary judgment and Defendants shall have until October 22, 2021, to file their replies. (Replies due by 10/22/2021.) Signed by JUDGE T KENT WETHERELL II on 9/29/2021. (mb)
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| Filing 367 STIPULATION Regarding Briefing of Defendants' Motions for Summary Judgment by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (COLE, DAVID) |
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Filing 366
ORDER granting #365 Motion to Withdraw as Attorney, and attorney Jonathan H. Kim shall have not further obligation to represent Plaintiff in this case, and the Clerk shall terminate Mr. Kim as counsel of record for Plaintiff in CM/ECF. Attorney JONATHAN H KIM terminated. Signed by JUDGE T KENT WETHERELL II on 9/17/2021. (mb)
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| Filing 365 MOTION to Withdraw as Attorney / Motion to Withdraw Jonathan H. Kim as Counsel for Plaintiff International Construction Products LLC by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (MAUSER, AMY) |
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Filing 364
ORDER re #363 Defendants' motions for summary judgment. Plaintiff shall file a single response in opposition to Defendants' motions. Plaintiff shall have until October 1, 2021, to file its response. Defendants shall have until October 15, 2021, to file their replies. (Internal deadline for referral to judge if response not filed earlier: 10/1/2021). Replies due by 10/15/2021.) Signed by JUDGE T KENT WETHERELL II on 9/15/2021. (mb)
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| Filing 363 STIPULATION re #359 MOTION for Summary Judgment , #358 MOTION for Summary Judgment Defendant Ring Power Corporation's Motion for Summary Judgment and Incorporated Memorandum of Law, #361 MOTION for Summary Judgment (Stipulation Regarding Briefing of Defendants' Motions for Summary Judgment) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (COLE, DAVID) |
| Filing 362 MEMORANDUM in Support re #361 MOTION for Summary Judgment filed by THOMPSON TRACTOR COMPANY INC. (HEEP, JEREMY) |
| Filing 361 MOTION for Summary Judgment by THOMPSON TRACTOR COMPANY INC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 9/24/2021). (HEEP, JEREMY) |
| Filing 360 MEMORANDUM in Support re #359 MOTION for Summary Judgment filed by ZIEGLER INC. (LANDON, RICHARD) |
| Filing 359 MOTION for Summary Judgment by ZIEGLER INC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 9/24/2021). (LANDON, RICHARD) |
| Filing 358 MOTION for Summary Judgment Defendant Ring Power Corporation's Motion for Summary Judgment and Incorporated Memorandum of Law by RING POWER CORPORATION. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 9/24/2021). (GIURATO, GERALD) |
| Filing 357 Defendants' Third Joint Notice of Exhibits Filed in Support of Motions for Summary Judgment, by RING POWER CORPORATION, THOMPSON TRACTOR COMPANY INC. (alb) (Additional attachment(s) added on 9/2/2021: #1 Exhibit 34, #2 Exhibit 35, #3 Exhibit 36, #4 Exhibit 37, #5 Exhibit 38, #6 Exhibit 39, #7 Exhibit 40, #8 Exhibit 41, #9 Exhibit 42, #10 Exhibit 43, #11 Exhibit 44, #12 Exhibit 45, #13 Exhibit 46, #14 Exhibit 47, #15 Exhibit 48, #16 Exhibit 49, #17 Exhibit 50, #18 Exhibit 51, #19 Exhibit 52, #20 Exhibit 53, #21 Exhibit 54, #22 Exhibit 55, #23 Exhibit 56, #24 Exhibit 57, #25 Exhibit 58, #26 Exhibit 59, #27 Exhibit 60, #28 Exhibit 61, #29 Exhibit 62, #30 Exhibit 63, #31 Exhibit 64, #32 Exhibit 65, #33 Exhibit 66, #34 Exhibit 67, #35 Exhibit 68, #36 Exhibit 69, #37 Exhibit 70, #38 Exhibit 71, #39 Exhibit 72, #40 Exhibit 73, #41 Exhibit 74, #42 Exhibit 75, #43 Exhibit 76, #44 Exhibit 77) (alb). |
| Filing 356 NOTICE DEFENDANTS' SECOND JOINT NOTICE OF EXHIBITS FILED IN SUPPORT OF MOTIONS FOR SUMMARY JUDGMENT by RING POWER CORPORATION (Attachments: #1 Exhibit Ex. 25 - ICP 2230, #2 Exhibit Ex. 26 - ICP 842-843, #3 Exhibit Ex. 27 - RP 4, #4 Exhibit Ex. 28 - ICP 377, #5 Exhibit Ex. 29 - ICP 1230, #6 Exhibit Ex. 30 - ICP 2747, #7 Exhibit Ex. 31 - ZG0001105-1111, #8 Exhibit Ex. 32 - AAS0001394, #9 Exhibit Ex. 33 - ZG0001082) (HULSBERG, SARAH) |
| Filing 355 NOTICE DEFENDANTS' FIRST JOINT NOTICE OF EXHIBITS FILED IN SUPPORT OF MOTIONS FOR SUMMARY JUDGMENT by RING POWER CORPORATION (Attachments: #1 Exhibit Ex. 1 - Langham, #2 Exhibit Ex. 2 - Barca-Hall, #3 Exhibit Ex. 3 - Adams, #4 Exhibit Ex. 4 - Massey, #5 Exhibit Ex. 5 - Shurson, #6 Exhibit Ex. 6 - Jeter, #7 Exhibit Ex. 7 - Ringhaver, #8 Exhibit Ex. 8 - Winnette, #9 Exhibit Ex. 9 - Rapp, #10 Exhibit Ex. 10 - Hoeft, #11 Exhibit Ex. 11 - Rooney, #12 Exhibit Ex. 12 - Longbottom, #13 Exhibit Ex. 13 - Gosselin, #14 Exhibit Ex. 14 - Fowler, #15 Exhibit Ex. 15 - Trettel, #16 Exhibit Ex. 16 - Guilford, #17 Exhibit Ex. 17 - Levenick, #18 Exhibit Ex. 18 - Tripas, #19 Exhibit Ex. 19 - Owens, #20 Exhibit Ex. 20 - Koziner, #21 Exhibit Ex. 21 - Lindley, #22 Exhibit Ex. 22 - Bishop, #23 Exhibit Ex. 23 - Frank, #24 Exhibit Ex. 24 - Adams) (HULSBERG, SARAH) |
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Filing 354
ORDER AUTHORIZING FILING EXHIBITS UNDER SEAL re #353 Defendants' Unopposed Motion to File Seal Document. That the motion is GRANTED, and Defendants may file the exhibits listed in the motion under seal. If feasible, a redacted version of the exhibits shall also be separately filed in accordance with Local Rule 5.5(D). Signed by JUDGE T KENT WETHERELL II on 9/1/2021. (mb)
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| Filing 353 Joint MOTION to Seal Document by RING POWER CORPORATION. (HULSBERG, SARAH) |
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Filing 352
ORDER EXTENDING DEADLINE. The motion (Doc. #351 ) is GRANTED, and the deadline for filing motions for summary judgment or other potentially dispositive motions concerning the conspiracy issue is extended to September 3, 2021. (Deadline for filing motions for summary judgment is 9/3/2021.) Signed by JUDGE T KENT WETHERELL II on 8/2/2021. (alb)
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| Filing 351 STIPULATION To Extend Summary Judgment Briefing Deadlines by THOMPSON TRACTOR COMPANY INC. (SUMNER, ROBIN) |
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Filing 350
ORDER re #349 Motion to Appear Pro Hac Vice. The motion is GRANTED, and attorney Randall W. Bryer is authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 6/22/2021. (blr)
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| Filing 349 MOTION to Appear Pro Hac Vice by Randall W. Bryer.( Filing fee $ 208 receipt number AFLNDC-6144762.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Certificate of Good Standing) (BRYER, RANDALL) |
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Filing 348
JOINT STIPULATION AND ORDER CONCERNING THE PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS re #346 Joint MOTION for Protective Order and Order Concerning the Protocol For Conducting Remote Depositions. Signed by JUDGE T KENT WETHERELL II on 6/2/2021.(See order for complete details.) (blr) Modified to add hyperlink on 6/3/2021 (blr).
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Filing 347
STIPULATED PROTECTIVE ORDER re #346 Joint MOTION for Protective Order and Order Concerning the Protocol For Conducting Remote Depositions. Signed by JUDGE T KENT WETHERELL II on 6/2/2021. (See order for complete details.) (blr) Modified to add hyperlink on 6/3/2021 (blr).
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| Filing 346 Joint MOTION for Protective Order and Order Concerning the Protocol For Conducting Remote Depositions by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Exhibit A - Protective Order, #2 Exhibit B - Remote Deposition Protocol) (COLE, DAVID) |
| Filing 345 NOTICE of Appearance by SARAH JECK HULSBERG on behalf of RING POWER CORPORATION (HULSBERG, SARAH) |
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Filing 344
ORDER granting #343 Motion to Appear Pro Hac Vice. David E. Cole is authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 3/24/2021. (blr)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #343 MOTION to Appear Pro Hac Vice by David E. Cole. (Filing fee $ 208 receipt number AFLNDC-6001549.) (blr) |
| Filing 343 MOTION to Appear Pro Hac Vice by David E. Cole.( Filing fee $ 208 receipt number AFLNDC-6001549.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Certificate of Good Standing) (COLE, DAVID) |
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Filing 342
ORDER granting #341 Motion to Appear Pro Hac Vice. Attorney William A. Isaacson is authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 1/29/2021. (alb)
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| Filing 341 MOTION to Appear Pro Hac Vice by William A. Isaacson.( Filing fee $ 208 receipt number AFLNDC-5914092.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Certificate of Good Standing) (ISAACSON, WILLIAM) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #341 MOTION to Appear Pro Hac Vice by William A. Isaacson. (Filing fee $ 208 receipt number AFLNDC-5914092.) (blr) |
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Filing 340
ORDER. The #339 Motion is GRANTED, and James Denvir, Michael Mitchell, and Simon Leen shall have no further obligation to represent Plaintiff in this case. The Clerk shall terminate James Denvir, Michael Mitchell, and Simon Leen as counsel of record for Plaintiff. Attorney MICHAEL S MITCHELL; JAMES PETER DENVIR, III and SIMON PETER LEEN terminated Signed by JUDGE T KENT WETHERELL II on 1/25/2021. (alb)
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| Filing 339 Consent MOTION to Withdraw as Attorney by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (MITCHELL, MICHAEL) |
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Filing 338
SCHEDULING AND MEDIATION ORDER Re: #337 Report of Rule 26(f) Planning Meeting. (Please see order.) (Phase 1, Discovery due by 7/19/2021, Dispositive Motions to be filed by 8/16/2021.) Signed by JUDGE T KENT WETHERELL II on 1/21/2021. (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #337 Report of Rule 26(f) Planning Meeting. (alb) |
| Filing 337 REPORT of Rule 26(f) Planning Meeting. (MAUSER, AMY) |
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Filing 336
ORDER GRANTING EXTENSION OF TIME. The parties' stipulation and proposed order to extend time (Doc. #335 ), it is ORDERED that the deadline for the parties to file the report of their Rule 26(f) conference is extended to January 19, 2021. ( Rule 26 Meeting Report due by 1/19/2021.) Signed by JUDGE T KENT WETHERELL II on 01/11/2021. (alb)
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| Filing 335 STIPULATION and [Proposed] Order to Extend Time by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (MAUSER, AMY) |
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Filing 334
ORDER GRANTING PRO HAC VICE MOTIONS re #330 - #333 Motions to Appear Pro Hac Vice. ORDERED that the motions are GRANTED, and attorneys Amy Mauser, Melissa Zappala, David Giller, and Jonathan Kim are authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 1/8/2021. (jcw)
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| Filing 333 MOTION to Appear Pro Hac Vice by Jonathan H. Kim.( Filing fee $ 208 receipt number AFLNDC-5880980.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Certificate of Good Standing) (KIM, JONATHAN) |
| Filing 332 MOTION to Appear Pro Hac Vice by David Giller.( Filing fee $ 208 receipt number AFLNDC-5880913.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Certificate of Good Standing) (GILLER, DAVID) |
| Filing 331 MOTION to Appear Pro Hac Vice by Melissa F. Zappala.( Filing fee $ 208 receipt number AFLNDC-5880704.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Certificate of Good Standing) (ZAPPALA, MELISSA) |
| Filing 330 MOTION to Appear Pro Hac Vice by Amy J. Mauser.( Filing fee $ 208 receipt number AFLNDC-5880638.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Certificate of Good Standing) (MAUSER, AMY) |
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Filing 329
ORDER GRANTING EXTENSION OF TIME. Parties' stipulation and proposed order to extend time (Doc. #328 ) is GRANTED, and the parties shall have until January 11, 2021, to file the report of their Rule 26(f) conference. (Rule 26 Meeting Report due by 1/11/2021.) Signed by JUDGE T KENT WETHERELL II on 12/11/2020. (mb)
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| Filing 328 STIPULATION AND PROPOSED ORDER TO EXTEND TIME by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (MITCHELL, MICHAEL) |
| Filing 327 ANSWER to #322 Amended Complaint by THOMPSON TRACTOR COMPANY INC. (HEEP, JEREMY) |
| Filing 326 ANSWER to #322 Amended Complaint by ZIEGLER INC. (LANDON, RICHARD) |
| Filing 325 RING POWER CORPORATION'S ANSWER to #322 Amended Complaint by RING POWER CORPORATION. (GIURATO, GERALD) |
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Filing 324
ORDER DENYING MOTION TO DISMISS AND GRANTING MOTION TO AMEND COMPLAINT. Defendants' motion to dismiss (Doc. #318 ) is DENIED. Plaintiff's motion to amend (Doc. #320 ) is GRANTED, and the proposed amended complaint (Doc. #322 ) is now the operative complaint. Defendants shall have 14 days from the date of this Order to answer the amended complaint. The parties shall have 28 days from the date of this Order to file the report of their Rule 26(f) conference. See Doc. #317 , at 3 (3). Signed by JUDGE T KENT WETHERELL II on 11/12/2020. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #323 Memorandum in Opposition to Motion (jcw) |
| Filing 323 MEMORANDUM in Opposition re #320 MOTION to Amend/Correct Complaint as to Dealer Defendants /Joint Memorandum In Opposition filed by THOMPSON TRACTOR COMPANY INC. (HEEP, JEREMY) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #321 Memorandum in Support of Motion, #320 MOTION to Amend/Correct Complaint as to Dealer Defendants, #318 Joint MOTION to Dismiss for Lack of Jurisdiction , #319 Memorandum in Support of Motion, #322 Amended Complaint. (sdw) |
| Filing 322 PROPOSED AMENDED COMPLAINT against RING POWER CORPORATION, THOMPSON TRACTOR COMPANY INC, ZIEGLER INC, filed by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (MITCHELL, MICHAEL) |
| Filing 321 MEMORANDUM in Support re #320 MOTION to Amend/Correct Complaint as to Dealer Defendants and in opposition to Dealer Defendants' Joint Motion to Dismiss (Dkt. 318) filed by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Exhibit A: Comparison of ICP's Third Amended Complaint to ICP's Proposed Amended Complaint) (MITCHELL, MICHAEL) |
| Filing 320 MOTION to Amend/Correct Complaint as to Dealer Defendants by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (MITCHELL, MICHAEL) |
| Filing 319 MEMORANDUM in Support re #318 Joint MOTION to Dismiss for Lack of Jurisdiction filed by THOMPSON TRACTOR COMPANY INC. (HEEP, JEREMY) |
| Filing 318 Joint MOTION to Dismiss for Lack of Jurisdiction by THOMPSON TRACTOR COMPANY INC. (Internal deadline for referral to judge if response not filed earlier: 10/23/2020). (HEEP, JEREMY) |
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Filing 317
ORDER re #316 Joint Status Report. The Court adopts the briefing schedule proposed by the parties for the forthcoming motion to dismiss and motion to amend. The report of the parties' Rule 26(f) conference shall be filed 28 days after the Court rules on the forthcoming motions, if the case is not dismissed. Signed by JUDGE T KENT WETHERELL II on 10/6/2020. (sdw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #316 Status Report. (sdw) |
| Filing 316 STATUS REPORT by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (MITCHELL, MICHAEL) |
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Filing 315
ORDER. The motions (ECF #312 and #313 ) are GRANTED, and attorney Jeremy D. Heep is authorized to appear pro hac vice for Defendant Thompson Tractor Company, Inc., and attorney Richard C. Landon is authorized to appear pro hac vice for Defendant Ziegler, Inc. Signed by JUDGE T KENT WETHERELL II on 09/22/2020. (sdw)
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| Filing 314 NOTICE of Appearance by PATRICIA LEHTINEN SILVA on behalf of ZIEGLER INC (SILVA, PATRICIA) |
| Filing 313 MOTION to Appear Pro Hac Vice by Richard C. Landon.( Filing fee $ 201 receipt number AFLNDC-5659709.) by ZIEGLER INC. (Attachments: #1 Exhibit A - Certificate of Good Standing) (LANDON, RICHARD) |
| Filing 312 MOTION to Appear Pro Hac Vice by Jeremy Heep.( Filing fee $ 201 receipt number AFLNDC-5657954.) by THOMPSON TRACTOR COMPANY INC. (Attachments: #1 Exhibit A) (HEEP, JEREMY) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #312 MOTION to Appear Pro Hac Vice by Jeremy Heep. (sdw) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #313 MOTION to Appear Pro Hac Vice by Richard C. Landon. (sdw) |
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Filing 311
ORDER, re: #309 Motion to Appear Pro Hac Vice (SAMUEL DAVID HARRISON) and #310 Motion to Appear Pro Hac Vice (ROBIN P SUMNER). ORDERED that the motions are GRANTED, and attorneys Samuel D. Harrison and Robin P. Sumner are authorized to appear pro hac vice for Defendant Thompson Tractor Company, Inc. Signed by JUDGE T KENT WETHERELL II on 9/18/2020. (kjw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #309 MOTION to Appear Pro Hac Vice by SAMUEL D. HARRISON., #310 MOTION to Appear Pro Hac Vice by ROBIN P. SUMNER. (jcw) |
| Filing 310 MOTION to Appear Pro Hac Vice by ROBIN P. SUMNER.( Filing fee $ 201 receipt number AFLNDC-5652499.) by THOMPSON TRACTOR COMPANY INC. (Attachments: #1 Exhibit A Certificate of Good Standing) (SUMNER, ROBIN) |
| Filing 309 MOTION to Appear Pro Hac Vice by SAMUEL D. HARRISON.( Filing fee $ 201 receipt number AFLNDC-5652454.) by THOMPSON TRACTOR COMPANY INC. (Attachments: #1 Exhibit A Certificate of Good Standing) (HARRISON, SAMUEL) |
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Filing 308
ORDER granting #307 Motion to Appear Pro Hac Vice by Simon Leen. Signed by JUDGE T KENT WETHERELL II on 09/15/2020. (sdw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #307 MOTION to Appear Pro Hac Vice by Simon Leen. (sdw) |
| Filing 307 MOTION to Appear Pro Hac Vice by Simon Leen.( Filing fee $ 201 receipt number AFLNDC-5648306.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Exhibit A) (LEEN, SIMON) |
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Filing 306
ORDER REQUIRING STATUS REPORT. Within 21 days from the date of this Order, the parties shall confer and file a joint status report that (a) provides a brief overview of the case. Counsel for Ziegler and Thompson Tractor Company shall file notices of appearance or motions to appear pro hac vice as soon as possible. The Clerk shall send a copy of this Order to counsel who had appeared on behalf of Ziegler and Thompson Tractor Company in the District of Delaware. (Status Report due by 10/2/2020.) Signed by JUDGE T KENT WETHERELL II on 09/11/2020. (sdw)
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Filing 305
ORDER GRANTING PRO HAC VICE MOTIONS. The motions (ECF #303 and #304 ) are GRANTED, and attorneys James Denvir and Michael Mitchell are authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 09/10/2020. (sdw)
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| Filing 304 MOTION to Appear Pro Hac Vice by Michael Mitchell.( Filing fee $ 201 receipt number BFLNDC-5642019.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Exhibit A) (MITCHELL, MICHAEL) |
| Filing 303 MOTION to Appear Pro Hac Vice by James Denvir.( Filing fee $ 201 receipt number AFLNDC-5641877.) by INTERNATIONAL CONSTRUCTION PRODUCTS LLC. (Attachments: #1 Exhibit A) (DENVIR, JAMES) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #304 MOTION to Appear Pro Hac Vice by Michael Mitchell, #303 MOTION to Appear Pro Hac Vice by James Denvir. (sdw) |
| Filing 302 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT, mailed to attorney's DAVID M FRY, HENRY E GALLAGHER, JR, DOMINICK T GATTUSO, M DUNCAN GRANT, NATHAN ROGER HOESCHEN, JAMES HARRY STONE LEVINE, and JOHN W SHAW. NOTICE'S emailed to attorney's WILLIAM BLOOM, JAMES P DENVIR, GERRY A GIURATO, JEREMY HEEP, AMY J MAUSER, NIELS P. MURPHY, JONATHAN SHAW and ROBIN SUMNER. (mb) |
| Filing 301 NOTICE REGARDING ADMISSION TO PRACTICE, mailed to attorney's DAVID M FRY, HENRY E GALLAGHER, JR, DOMINICK T GATTUSO, M DUNCAN GRANT, NATHAN ROGER HOESCHEN, JAMES HARRY STONE LEVINE, and JOHN W SHAW. NOTICE'S emailed to attorney's WILLIAM BLOOM, JAMES P DENVIR, GERRY A GIURATO, JEREMY HEEP, AMY J MAUSER, NIELS P. MURPHY, JONATHAN SHAW and ROBIN SUMNER. (mb) |
| Filing 300 Case transferred in from District of Delaware; Case Number 1:15-cv-00108. Original file certified copy of transfer order and docket sheet received. |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 99 NOTICE OF SERVICE of Defendant Komatsu America Corp.'s Rule 26(a)(1) Initial Disclosures filed by Komatsu America Corp..(Kraft, Denise) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 98 NOTICE OF SERVICE of Defendant Associated Auction Services, LLC's Initial Disclosures filed by Associated Auction Services LLC.(Gallagher, Henry) [Transferred from Delaware on 8/26/2020.] |
| Filing 97 NOTICE OF SERVICE of Initial Disclosures of Caterpillar Inc. filed by Caterpillar Inc..(Baldwin, David) [Transferred from Delaware on 8/26/2020.] |
| Filing 96 NOTICE OF SERVICE of (1) Plaintiff's Initial Disclosures filed by International Construction Products LLC.(Hoeschen, Nathan) [Transferred from Delaware on 8/26/2020.] |
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Filing 95
REVISED Discovery Plan and SCHEDULING ORDER (see Order for further details). Signed by Judge Richard G. Andrews on 2/23/2017. (nms) [Transferred from Delaware on 8/26/2020.]
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| Filing 94 PROPOSED Scheduling Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 2/23/2017 (nms). [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| Filing 93 STIPULATION TO EXTEND TIME to Submit a Proposed Scheduling Order to February 23, 2017 - filed by International Construction Products LLC. (Hoeschen, Nathan) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| CORRECTING ENTRY: The Clerk's Office corrected DI# 91. (Name was misspelled). (rwc) [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
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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). [Transferred from Delaware on 8/26/2020.]
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| Filing 90 ANSWER to #48 Amended Complaint, by Associated Auction Services LLC.(Gallagher, Henry) Modified on 1/23/2017 (nms). [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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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) [Transferred from Delaware on 8/26/2020.]
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Filing 87
SO ORDERED Granting #86 Stipulated Confidentiality and Protective Order. Signed by Judge Richard G. Andrews on 1/5/2017. (nms) [Transferred from Delaware on 8/26/2020.]
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| Filing 86 PROPOSED Stipulated Confidentiality and Protective Order, by International Construction Products LLC. (Hoeschen, Nathan) Modified on 1/5/2017 (nms). [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| Filing 84 NOTICE of withdrawal of Laura D. Hatcher by Komatsu America Corp. (Kraft, Denise) [Transferred from Delaware on 8/26/2020.] |
| *** Attorney Laura D. Hatcher terminated. (nms) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 74 REPLY BRIEF re #67 MOTION to Clarify or Review filed by Associated Auction Services LLC. (Gallagher, Henry) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| Filing 73 ANSWER to #48 Amended Complaint with Jury Demand, by Caterpillar Inc..(Baldwin, David) Modified on 9/21/2016 (nms). [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 71 ANSWER to #48 Amended Complaint, by Komatsu America Corp.. (Attachments: #1 Certificate of Service)(Kraft, Denise) Modified on 9/20/2016 (nms). [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| Filing 69 RESPONSE to #67 MOTION to Clarify or Review, filed by International Construction Products LLC. (Shaw, John) Modified on 9/19/2016 (nms). [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 67 MOTION to Clarify or Review - filed by Associated Auction Services LLC. (Gallagher, Henry) Modified on 8/31/2016 (nms). [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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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) [Transferred from Delaware on 8/26/2020.]
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| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 62 Letter to Honorable Richard G. Andrews from M. Duncan Grant regarding Oral Augument. (Grant, M.) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| Filing 60 REQUEST for Oral Argument by International Construction Products LLC re #54 MOTION to Dismiss Amended Complaint. (Shaw, John) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| 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). [Transferred from Delaware on 8/26/2020.] |
| Filing 54 MOTION to Dismiss Amended Complaint - filed by Caterpillar Inc.. (Baldwin, David) Modified on 3/4/2016 (nms). [Transferred from Delaware on 8/26/2020.] |
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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). [Transferred from Delaware on 8/26/2020.]
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| 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). [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| ***Motions terminated: #49 MOTION for Reconsideration AND MOTION for Reconsideration and for Leave to Amend filed by International Construction Products LLC. (nms) [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| *** Attorney Edward F. Eaton terminated. (nms) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| 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) [Transferred from Delaware on 8/26/2020.] |
| 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)[Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 43 Letter to The Honorable Richard G. Andrews from M. Duncan Grant regarding Oral Argument. (Grant, M.) [Transferred from Delaware on 8/26/2020.] |
| Filing 42 MOTION for Pro Hac Vice Appearance of Attorney Amy J. Mauser - filed by International Construction Products LLC. (Fry, David) [Transferred from Delaware on 8/26/2020.] |
| 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, ) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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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) [Transferred from Delaware on 8/26/2020.]
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| Filing 41 MOTION for Pro Hac Vice Appearance of Attorney Robert J. Brookhiser, Jr. - filed by Caterpillar Inc.. (Baldwin, David) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| 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, ) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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, ) [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 33 MOTION to Dismiss - filed by Volvo Construction Equipment North America LLC. (Levine, James Harry) [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| Filing 27 MOTION to Dismiss - filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Baldwin, David) Modified on 4/21/2015 (nms). [Transferred from Delaware on 8/26/2020.] |
| Filing 26 NOTICE of Appearance by Brian A. Biggs on behalf of Komatsu America Corp. (Attachments: #1 Certificate of Service)(Biggs, Brian) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| 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). [Transferred from Delaware on 8/26/2020.] |
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney David Boies - filed by International Construction Products LLC. (Shaw, John) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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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) [Transferred from Delaware on 8/26/2020.]
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| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney David Boies - filed by International Construction Products LLC. (Shaw, John) [Transferred from Delaware on 8/26/2020.] |
| 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, ) [Transferred from Delaware on 8/26/2020.] |
| 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.) [Transferred from Delaware on 8/26/2020.] |
| 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.) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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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) [Transferred from Delaware on 8/26/2020.]
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| 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) [Transferred from Delaware on 8/26/2020.] |
| 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.) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| 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, ) [Transferred from Delaware on 8/26/2020.] |
| 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, ) [Transferred from Delaware on 8/26/2020.] |
| Filing 16 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Caterpillar Inc.. (Baldwin, David) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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.) [Transferred from Delaware on 8/26/2020.] |
| 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). [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 11 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Associated Auction Services LLC. (Eaton, Edward) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| 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, ) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) [Transferred from Delaware on 8/26/2020.] |
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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) [Transferred from Delaware on 8/26/2020.]
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| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| Filing 4 SUMMONS Returned Executed by International Construction Products LLC. Caterpillar Inc. served on 1/29/2015, answer due 2/19/2015. (Shaw, John) [Transferred from Delaware on 8/26/2020.] |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by International Construction Products LLC. (rwc) [Transferred from Delaware on 8/26/2020.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
| 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) [Transferred from Delaware on 8/26/2020.] |
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