Breakstone v. Caterpillar, Inc.
| Noah Breakstone |
| Caterpillar, Inc. |
| 1:2009cv23324 |
| November 2, 2009 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| K Michael Moore |
| Andrea M Simonton |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on July 16, 2010. A more recent docket listing may be available from PACER.
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| Filing 57 RESPONSE in Opposition re #31 Plaintiff's MOTION to Certify Class filed by Caterpillar, Inc.. (Attachments: #1 Index of exhibits, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K-1, #14 Exhibit K-2, #15 Exhibit K-3, #16 Exhibit K-4, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O)(Waterway, Kenneth) |
Filing 49
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulation of Dismissal with Prejudice #47 . UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Judge K. Michael Moore on 7/8/2010. (rg1)
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Filing 48
PAPERLESS ORDER GRANTING IN PART Motion to File Plaintiffs Memorandum of Law Under Seal 32 , Defendants Motion to Seal Its Opposition 35 , Plaintiffs Motion to File Under Seal His Reply Brief 37 , and Defendant's Motion to Seal Its Motion to Strike 39 . The Clerk of the Court shall unseal Plaintiffs Memorandum of Law Under Seal 33 , Defendants Motion to Seal Its Opposition 35 , Plaintiffs Motion to File Under Seal His Reply Brief 37 , Sealed Motion to Seal Its Motion to Strike 39 , Plaintiff's Reply 38 and all attached exhibits, and Defendant's Motion to Strike 40 and all attached exhibits. The Clerk of the Court shall unseal Plaintiff's Memorandum in Support of its Motion for Class Certification 34 and all attached exhibits except exhibits 9, 15, and 18 to that memorandum, which shall remain sealed. Defendant's Response 36 shall remain under seal. However, Defendant shall, within fourteen (14) days of this Order, file an unsealed redacted version with exhibits. Defendant shall only redact those portions of the memorandum and exhibits that it indicated were confidential in its June 7, 2010, Response to Order to Show Cause #46 . Signed by Judge K. Michael Moore on 7/8/2010. (rg1) Modified to correct two docket entry numbers on 7/13/2010 (rg1).
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| Filing 47 STIPULATION of Dismissal with Prejudice of All Claims by Noah Breakstone, Caterpillar, Inc. (Waterway, Kenneth) |
| Filing 46 RESPONSE TO ORDER TO SHOW CAUSE Why Parties' Motions to File Documentes Under Seal Should Be Granted by Caterpillar, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Waterway, Kenneth) Modified text on 6/8/2010 (asl). |
| Filing 45 RESPONSE TO ORDER TO SHOW CAUSE by Noah Breakstone. (Attachments: #1 Exhibit A, #2 Exhibit B)(Love, Kevin) |
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Filing 44
PAPERLESS ORDER DENYING AS MOOT Defendant's Motion for Hearing #41 and Sealed Motion to Strike 40 . Defendant is ORDERED TO SHOW CAUSE on or before June 7, 2010, as to why its briefs and accompanying documents in its Sealed Motion to Strike 40 and Sealed Motion to Seal Its Motion to Strike 39 should be filed under seal. Defendant's Response should be prepared in a manner consistent with the instructions in this Court's prior Order to Show Cause as to other documents in this case #42 . Signed by Judge K. Michael Moore on 6/1/2010. (rg1)
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Filing 43
ORDER DENYING #31 Motion to Certify Class. Signed by Judge K. Michael Moore on 5/26/2010. (rg1)
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Filing 42
ORDER TO SHOW CAUSE Why Parties' Motions to File Documents Under Seal Should be Granted. Show Cause Response due by 6/7/2010.. Signed by Judge K. Michael Moore on 5/26/2010. (rg1)
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| Filing 56 UNSEALED MOTION to Strike Plaintiff's Expert Reports and Incorporated Memorandum of Law by Caterpillar, Inc.. (Exhibits A-D attached) (nc) (previously filed as 40 sealed document) Modified on 7/15/2010 (nc). |
| Filing 55 UNSEALED MOTION to Seal Its Motion to Strike Plaintiff's Expert Reports and Incorporated Memorandum of Law by Caterpillar, Inc.. (nc) (previously filed as 39 sealed document) Modified on 7/15/2010 (nc). |
| Filing 41 MOTION for Hearing re 39 Sealed Document, 40 Sealed Document by Caterpillar, Inc.. (Waterway, Kenneth) |
| Filing 40 Sealed Document (nc)UNSEALED see DE #56 . Modified on 7/15/2010 (nc). |
| Filing 39 Sealed Document (nc) UNSEALED see DE #55 . Modified on 7/15/2010 (nc). |
| Filing 54 UNSEALED REPLY Brief In Support of Breakstone's Motion for Class Certification by Noah Breakstone. (Exhibits A-C attached) (nc) (previously filed as 38 sealed document) Modified on 7/15/2010 (nc). |
| Filing 53 UNSEALED MOTION to File Under Seal His Reply Brief In Support of Plaintiff's Motion for Class Certification with Incorporated Memorandum of Law by Noah Breakstone. (nc) (previously filed as 37 sealed document) Modified on 7/15/2010 (nc). |
| Filing 38 Sealed Document (nc) UNSEALED see DE #54 . Modified on 7/15/2010 (nc). |
| Filing 37 Sealed Document (nc) UNSEALED see DE #53 . Modified on 7/15/2010 (nc). |
| SYSTEM ENTRY - Docket Entry 36 [misc] restricted/sealed until further notice. (nc) |
| Filing 52 UNSEALED MOTION to Seal Its Opposition to Plaintiff's Motion to Certify and Incorporated Memorandum of Law by Caterpillar, Inc.. (nc) (previously filed as 35 sealed document) Modified on 7/15/2010 (nc). |
| Filing 35 Sealed Document (ebs)UNSEALED see DE #52 . Modified on 7/15/2010 (nc). |
| SYSTEM ENTRY - Docket Entry 32 [misc] restricted/sealed until further notice. (nc) |
| Filing 51 UNSEALED MEMORANDUM OF LAW In Support of Plaintiff's Motion for Class Certification by Noah Breakstone.(Exhibits 1-8,10-14,16,17,19-24 and A-J attached, Exhibits 9,15,18 are Under Seal) (nc) (previously filed as 34 sealed document) Modified on 7/15/2010 (nc). (Additional attachment(s) added on 8/24/2012: #1 Exhibit 9, #2 Exhibit 15, #3 Exhibit 18) (nc). |
| Filing 50 UNSEALED PLAINTIFF'S MEMORANDUM OF LAW In Support of His Motion to File Under Seal His Memorandum of Law In Support of Plaintiff's Motion for Class Cerification by Noah Breakstone. (nc) (Exhibits attached) (previously filed as 33 sealed document) Modified on 7/15/2010 (nc). |
| Filing 34 Sealed Document (ral) UNSEALED see DE #51 . Modified on 7/15/2010 (nc). |
| Filing 33 Sealed Document (ral)UNSEALED see DE #50 . Modified on 7/15/2010 (nc). |
| Filing 31 Plaintiff's MOTION to Certify Class by Noah Breakstone. Responses due by 4/29/2010 (Love, Kevin) |
| Filing 30 Amended ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Caterpillar, Inc..(Waterway, Kenneth) |
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Filing 29
PAPERLESS ORDER GRANTING #26 Plaintiff's Motion to Dismiss Defendant's Counterclaims. Although styled as such, Defendant's "counterclaims" #25 are not in fact claims for relief that can be litigated, but rather claims that Defendant, upon successfully defending this case, will be statutorily entitled to recover.r Accordingly, these these claims are more properly raised as requests for attorneys' fees, not as counterclaims. Defendant's Counterclaims are hereby DISMISSED. Defendant is granted leave to file, no later than than March 17, 2010, an amended answer solely to include a request for attorneys' fees. Defendant will thereby preserve its request for attorneys' fees and provide adequate notice to Plaintiff that Defendant intends to seek attorneys' fees upon the conclusion of this lawsuit. Signed by Judge K. Michael Moore on 3/10/2010. (rg1)
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| Filing 28 REPLY to Response to Motion re #26 Plaintiff's MOTION to Dismiss #25 Answer to Amended Complaint, Counterclaim filed by Noah Breakstone. (Love, Kevin) |
| Filing 27 RESPONSE in Opposition re #26 Plaintiff's MOTION to Dismiss #25 Answer to Amended Complaint, Counterclaim filed by Caterpillar, Inc.. (Waterway, Kenneth) |
| Filing 26 Plaintiff's MOTION to Dismiss #25 Answer to Amended Complaint, Counterclaim by Noah Breakstone. Responses due by 3/15/2010 (Love, Kevin) |
| Filing 25 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, COUNTERCLAIM against Noah Breakstone by Caterpillar, Inc..(Waterway, Kenneth) |
| Filing 24 Second AMENDED COMPLAINT, filed by Noah Breakstone.(Love, Kevin) |
| Filing 23 NOTICE of Mediator Selection: Brian F. Spector, Esq. selected.(Waterway, Kenneth) |
| Filing 22 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, COUNTERCLAIM against Noah Breakstone by Caterpillar, Inc..(Waterway, Kenneth) |
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Filing 21
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Scheduling Report #18 . To the extent that the Report requests that this Court conduct a scheduling conference with the Parties pursuant to L.R. 16.1.B.3, that request is DENIED. It is further ORDERED that the Plaintiff shall file a motion for class certification no later than ninety (90) days from the date of entry of the Scheduling Order in this case. Signed by Judge K. Michael Moore on 1/11/2010. (rg1)
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Filing 20
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for October 25, 2010 pursuant to Federal Rule of Civil Procedure 16 and Southern District Local Rule 16.2, it is ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than sixty (60) days before the scheduled trial date. 2.Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall notify the Clerk of Court in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators, which designation shall be made on a blind rotation basis. 3. A place, date and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. The lead attorney shall complete the form order scheduling mediation as provided in Local Rule 16.2 and submit it to the Court. 4. The appearance of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of these summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by the filing of a notice of settlement signed by counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 1/11/2010. (rg1)
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Filing 19
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of October 25, 2010 at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on October 21, 2010 at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for October 12, 2010 at 9 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five(45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, must be filed no later than sixty (60) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. All discovery shall be completed seventy (70) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence which counsel expects the trial to develop and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Plaintiff's counsel shall notify any attorneys of record not listed below of this notice of trial: Final Pretrial Conference set for 10/12/2010 09:00 AM in Miami Division before Judge K. Michael Moore. Jury Trial set for 10/25/2010 09:00 AM in Miami Division before Judge K. Michael Moore. Calendar Call set for 10/21/2010 02:00 PM in Miami Division before Judge K. Michael Moore.. Signed by Judge K. Michael Moore on 1/11/2010. (rg1)
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| Filing 18 REPORT REGARDING Conference by Caterpillar, Inc.. (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Waterway, Kenneth) |
| Filing 17 First AMENDED COMPLAINT, filed by Noah Breakstone.(Love, Kevin) |
| Filing 16 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Caterpillar, Inc..(Waterway, Kenneth) |
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Filing 15
PAPERLESS ORDER GRANTING #8 #9 #10 #11 #12 #13 Motions for Limited Appearance. The Clerk of the Court is directed to provide electronic notice of all electronic filings in this case to the following attorneys: Richard L. Campbell at rlcampbell@campbell-trial-lawyers.com; Richard P. Campbell at rpcampbell@campbell-trial-lawyers.com; John A.K. Grunert at jgrunert@campbell-trial-lawyers.com; Michele L. Odorizzi at modorizzi@mayerbrown.com; Christopher B. Parkerson@cparkerson@campbell-trial-lawyers.com; and Andrew J. Maloney III at AMaloney@kreindler.com. Signed by Judge K. Michael Moore on 12/17/2009. (rg1)
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| Filing 14 NOTICE by Caterpillar, Inc. of Filing (Waterway, Kenneth) |
| Filing 13 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Andrew J. Maloney, III. Filing Fee $75. Receipt # 1013551. (cw) |
| Filing 12 MOTION for Special Admission of Counsel Pro Hac Vice for Richard P. Campbell. Filing Fee $75. Receipt # 1013523. (cw) |
| Filing 11 MOTION for Special Admission of Counsel Pro Hac Vice for Michele Odorizzi. Filing Fee $75. Receipt # 1013525. (cw) |
| Filing 10 MOTION for Special Admission of Counsel Pro Hac Vice for Christopher B. Parkerson. Filing Fee $75. Receipt # 1013524. (cw) |
| Filing 9 MOTION for Special Admission of Counsel Pro Hac Vice for John A. K. Grunert. Filing Fee $75. Receipt # 1013526. (cw) |
| Filing 8 MOTION for Special Admission of Counsel Pro Hac Vice for Richard L. Campbell. Filing Fee $75. Receipt # 1013522. (cw) |
| Filing 7 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Caterpillar, Inc..(Waterway, Kenneth) |
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Filing 6
PAPERLESS ORDER DENYING #5 Motion for Extension of Time to Respond to the Complaint. Signed by Judge K. Michael Moore on 12/9/2009. (rg1)
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| Filing 5 Unopposed MOTION for Extension of Time to File Response as to #1 Complaint by Caterpillar, Inc.. (Attachments: #1 Exhibit A)(Waterway, Kenneth) |
| Filing 4 Summons Issued as to Caterpillar, Inc.. (tas) |
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Filing 3
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE, JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. Signed by Judge K. Michael Moore on 11/4/2009. (rg1)
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Filing 2
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of or a description by category and location of all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and / or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.M. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 11/4/2009. (rg1)
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| Filing 1 COMPLAINT against Caterpillar, Inc.. Filing fee $ 350.00 Receipt#: 1011162, filed by Noah Breakstone.(rgs) |
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