COMPANHIA ENERGTICA POTIGUAR v. CATERPILLAR INC. et al
| Companhia Energtica Potiguar |
| CATERPILLAR INC., Caterpillar Americas Services Co. and CATERPILLAR AMERICAS CO. |
| 1:2014cv24277 |
| November 12, 2014 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| Lauren Fleischer Louis |
| Jose E Martinez |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1345 |
| Defendant |
Docket Report
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This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.
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Filing 534
ORDER OF DISMISSAL WITH PREJUDICE. Closing Case. Denied as moot: #470 MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records filed by Companhia Energtica Potiguar, denied as moot #467 Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., denied as moot #522 Motion to Unseal Document filed by Companhia Energtica Potiguar. Signed by Judge Jose E. Martinez on 12/23/2020. See attached document for full details. (mee)
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| Filing 533 STIPULATION of Dismissal (Joint) with Prejudice by Companhia Energtica Potiguar (Attachments: #1 Exhibit Proposed Order)(Leto, Matthew) |
| Filing 532 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. of Filing Proposed Scheduling Order (Attachments: #1 Text of Proposed Order) (Jimenez, Marcos) |
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Filing 531
PAPERLESS ORDER canceling the trial and pretrial conference in light of Administrative Order 2020-53. By October 9, 2020, the parties shall meet and confer and file a proposed scheduling order resetting the trial, pretrial conference, and any unexpired deadlines. Signed by Judge Jose E. Martinez on 10/2/2020. (jd00)
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| Filing 530 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Matthew Leto re #529 Notice of Change of Address. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (cw) |
| Filing 529 NOTICE of Change of Address by Matthew Leto (Leto, Matthew) |
| Filing 528 Notification of Ninety Days Expiring by Companhia Energtica Potiguar re #522 Motion to Unseal Document filed by Companhia Energtica Potiguar (Leto, Matthew) |
| Filing 527 CLERK'S NOTICE - Attorney Admissions has updated Ms. Seiderman West's name as requested and updated the contact information for PHV attorney Emily Anne Seiderman West re #526 Notice (Other). (pt) |
| Filing 526 NOTICE by Companhia Energtica Potiguar to Clerk of Attorney Name Change (Attachments: #1 Exhibit Letter from Supreme Court) (Leto, Matthew) |
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Filing 525
ORDER REVISING TRIAL DATE: Jury Trial set for 10/13/2020 at 09:30 AM before Judge Jose E. Martinez. Calendar Call set for 10/8/2020 at 01:30 PM before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 4/20/2020. See attached document for full details. (mee)
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| Filing 524 REPLY to Response to Motion re #522 Motion to Unseal Document filed by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 523 RESPONSE in Opposition re #522 Motion to Unseal Document filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 2/18/2020. (Jimenez, Marcos) |
| Filing 522 Plaintiff's MOTION to Unseal Order on Defendants' Motion for Summary Judgment by Companhia Energtica Potiguar. Responses due by 2/21/2020 (Attachments: #1 Affidavit Declaration of Jessie Beeber in Support of Motion to Unseal Order on Defendants' Motion for Summary Judgment)(Leto, Matthew) Text/ relief Modified on 2/10/2020 (cbr). |
| Filing 521 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Amended Notice of Conflicting Trial Dates (Jimenez, Marcos) |
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Filing 519
ORDER #515 Motion to Seal is GRANTED IN PART AND DENIED IN PART WITHOUT PREJUDICE. Signed by Judge Jose E. Martinez on 2/5/2020. See attached document for full details. (nc)
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| SYSTEM ENTRY - Docket Entry 520 [misc] restricted/sealed until further notice. (520625) |
| Filing 518 NOTICE by Companhia Energtica Potiguar (Joint Notice of Deposition Designations and Objections) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Leto, Matthew) |
| Filing 517 RESPONSE in Opposition re #515 Defendant's MOTION to Seal per Local Rule 5.4 filed by Companhia Energtica Potiguar. Replies due by 2/7/2020. (Leto, Matthew) |
| Filing 516 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Joint Notice of Deposition Designations and Objections (Attachments: #1 Exhibit) (Jimenez, Marcos) |
| Filing 515 Defendant's MOTION to Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Text of Proposed Order) (Jimenez, Marcos) |
| Filing 514 Proposed Voir Dire Questions by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 513 Proposed Jury Instructions by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 512 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. of Conflicting Trial Dates (Jimenez, Marcos) |
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Filing 511
ORDER denying #510 Motion for 28 U.S.C. 1292(b) Certification. Signed by Judge Jose E. Martinez on 1/29/2020. See attached document for full details. (pcs)
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| Filing 510 MOTION for 28 U.S.C. 1292(b) Certification by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Memorandum)(Jimenez, Marcos) |
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Filing 509
PAPERLESS ORDER denying as moot #357 Motion to Strike. Signed by Judge Jose E. Martinez on 1/27/2020. (mws)
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| Jury Trial terminated for 01/21/2020 per chambers until further notice. (mf) |
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Filing 508
PAPERLESS ORDER granting ore tenus motion for extension of time. Deposition designations, proposed jury instructions and proposed voir dire questions are due January 31, 2020. Signed by Judge Jose E. Martinez on 1/16/2020. (mws)
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| Filing 507 PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Calendar Call held on 1/16/2020. Total time in court: 20 minutes. Attorney Appearance(s): Marcos Daniel Jimenez, Jonathan P. Harmon, Patrick J. Boyle, Jessie F. Beeber. (mws) |
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Filing 506
PAPERLESS ORDER. The parties shall be prepared to argue pending motions (ECF No. #467 and #470 ) at calendar call. Signed by Judge Jose E. Martinez on 1/15/2020. (mws)
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| Filing 505 CLERK'S NOTICE of Compliance by Sealing 504 pursuant to Chambers (nc) |
| SYSTEM ENTRY - Docket Entry 504 [order] restricted/sealed until further notice. (nc) |
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Filing 503
PAPERLESS ORDER granting #502 Motion for Extension of Time. Signed by Judge Jose E. Martinez on 1/14/2020. (mws)
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| Filing 502 Joint MOTION for Extension of Time to File Deposition Designations re #452 Order on Motion for Miscellaneous Relief by Companhia Energtica Potiguar. Responses due by 1/27/2020 (Leto, Matthew) |
| Filing 501 PRETRIAL STIPULATION (Joint) by Companhia Energtica Potiguar (Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 500 [misc] restricted/sealed until further notice. (520625) |
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Filing 499
ORDER Granting In Part and Denying In Part #464 Motion to Seal. Signed by Judge Jose E. Martinez on 1/6/2020. See attached document for full details. (nc)
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Filing 498
ORDER ON JOINT MOTION TO MARK ALL EXHIBITS NUMERICALLY granting #497 Joint Motion to Mark all Exhibits Numerically. Signed by Judge Jose E. Martinez on 1/7/2020. See attached document for full details. (mee)
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| Filing 497 Joint MOTION Motion to Mark All Exhibits Numerically re #26 Scheduling Order,,, Order Referring Case to Mediation,,, Order Referring Case to Magistrate Judge,, by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
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Filing 496
PAPERLESS ORDER denying as moot #477 Motion to Seal. Signed by Judge Jose E. Martinez on 1/7/2020. (mws)
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Filing 495
ORDER denying #469 Motion Plaintiff's Motion to Introduce a Physical Exhibit Requiring Special Handling or, in the Alternative, for a Jury View. Signed by Judge Jose E. Martinez on 1/6/2020. See attached document for full details. (mee)
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Filing 494
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #463 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Marcos D. Jimenez. Signed by Judge Jose E. Martinez on 1/6/2020. See attached document for full details. (mee)
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| Filing 493 Clerks Notice to Filer re #485 Response in Support of Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#492]. It is not necessary to refile this document. (ls) |
| Filing 491 Clerks Notice to Filer re #484 Response in Support of Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#490]. It is not necessary to refile this document. (ls) |
| Filing 492 REPLY to Response to Motion re #466 Defendant's MOTION to Setoff Any Monies Plaintiff has Previously Received in Satisfaction of its Alleged Damages filed by CATERPILLAR AMERICAS CO., Caterpillar Americas Services Co.. (ls)(See Image at DE #485) |
| Filing 490 REPLY to Response to Motion re #467 Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury filed by CATERPILLAR AMERICAS CO., Caterpillar Americas Services Co.. (ls)(See Image at DE #484) |
| Filing 489 REPLY to Response to Motion re #469 MOTION To Introduce a Physical Exhibit Requiring Special Handling, or in the alternative, for a Jury View filed by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 488 REPLY to Response to Motion re #470 MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records filed by Companhia Energtica Potiguar. (Leto, Matthew) |
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Filing 487
PAPERLESS ORDER denying as moot #483 Motion to Seal. Defendants may renew this motion if necessary pursuant to ECF No. 486. Signed by Judge Jose E. Martinez on 1/3/2020. (mws)
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Filing 486
PAPERLESS ORDER denying #466 Motion for Setoff without prejudice. The parties agree that the motion is premature and potentially moot. If there is a need to re-file this motion, Defendants may do so at the appropriate time. Signed by Judge Jose E. Martinez on 1/3/2020. (mws)
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| Filing 485 RESPONSE in Support re #466 Defendant's MOTION to Setoff Any Monies Plaintiff has Previously Received in Satisfaction of its Alleged Damages filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit 1)(Jimenez, Marcos) |
| Filing 484 RESPONSE in Support re #467 Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Jimenez, Marcos) |
| Filing 483 MOTION to Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Text of Proposed Order) (Jimenez, Marcos) |
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Filing 482
PAPERLESS ORDER. Defendants shall file a reply to ECF No. #476 of no more than 7 pages, on or before January 10, 2020. Signed by Judge Jose E. Martinez on 1/2/2020. (mws)
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Filing 481
PAPERLESS ORDER denying as moot #424 MOTION FOR STATUS CONFERENCE. Signed by Judge Jose E. Martinez on 1/2/2020. (mws)
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Filing 480
ORDER GRANTING MOTION TO STRIKE, striking #465 Motion to Dismiss; striking #468 Motion to Dismiss; granting #471 Motion to Strike. Signed by Judge Jose E. Martinez on 12/30/2019. See attached document for full details. (mee)
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| Filing 479 RESPONSE in Opposition re #467 Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury filed by Companhia Energtica Potiguar. Replies due by 1/3/2020. (Attachments: #1 Affidavit 12.27.19 Declaration of Patrick J. Boyle)(Leto, Matthew) |
| Filing 478 RESPONSE in Opposition re #465 Defendant's MOTION to Dismiss #1 Complaint, as Sanction for Spoliated Evidence filed by Companhia Energtica Potiguar. Replies due by 1/3/2020. (Attachments: #1 Affidavit 12.27.19 Declaration of Patrick J. Boyle, #2 Affidavit 12.27.19 Declaration of Joseph P. Crosson)(Leto, Matthew) |
| Filing 477 Unopposed MOTION to Seal per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion to Seal) (Leto, Matthew) |
| Filing 476 RESPONSE in Opposition re #466 Defendant's MOTION to Setoff Any Monies Plaintiff has Previously Received in Satisfaction of its Alleged Damages filed by Companhia Energtica Potiguar. Replies due by 1/3/2020. (Attachments: #1 Affidavit Declaration of Jarbas Benevides)(Leto, Matthew) |
| Filing 475 RESPONSE in Opposition re #468 Renewed MOTION to Dismiss #1 Complaint, Forum Non Conveniens Motion for Preservation of the Record Purposes filed by Companhia Energtica Potiguar. Replies due by 1/3/2020. (Leto, Matthew) |
| Filing 474 RESPONSE in Opposition re #469 MOTION To Introduce a Physical Exhibit Requiring Special Handling, or in the alternative, for a Jury View filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 1/3/2020. (Jimenez, Marcos) |
| Filing 473 RESPONSE in Opposition re #470 MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 1/3/2020. (Jimenez, Marcos) |
| Filing 472 AFFIDAVIT (Declaration) signed by: Jessie Beeber re #470 MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records by Companhia Energtica Potiguar (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Leto, Matthew) |
| Filing 471 Plaintiff's MOTION to Strike #465 Defendant's MOTION to Dismiss #1 Complaint, as Sanction for Spoliated Evidence, #468 Renewed MOTION to Dismiss #1 Complaint, Forum Non Conveniens Motion for Preservation of the Record Purposes by Companhia Energtica Potiguar. Responses due by 1/2/2020 (Leto, Matthew) |
| Filing 470 MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records by Companhia Energtica Potiguar. Responses due by 12/27/2019 (Attachments: #1 Exhibit Declaration of Jessie Beeber)(Leto, Matthew) |
| Filing 469 MOTION To Introduce a Physical Exhibit Requiring Special Handling, or in the alternative, for a Jury View by Companhia Energtica Potiguar. (Attachments: #1 Exhibit Declaration of Patrick Boyle)(Leto, Matthew) |
| Filing 468 STRIKEN-Renewed MOTION to Dismiss #1 Complaint, Forum Non Conveniens Motion for Preservation of the Record Purposes by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/27/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Jimenez, Marcos)Text Modified on 12/30/2019 (mee). Per d.e. #480 |
| Filing 467 Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 466 Defendant's MOTION to Setoff Any Monies Plaintiff has Previously Received in Satisfaction of its Alleged Damages by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 465 STRIKEN-Defendant's MOTION to Dismiss #1 Complaint, as Sanction for Spoliated Evidence by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/27/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Text of Proposed Order)(Jimenez, Marcos)Text Modified on 12/30/2019 (mee).Per d.e. #480 |
| Filing 464 Defendant's MOTION to Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Text of Proposed Order) (Jimenez, Marcos) |
| Filing 463 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew F. Gann, Jr.. Filing Fee $ 75.00 Receipt # 113C-12202452 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/19/2019 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 462 NOTICE by Companhia Energtica Potiguar re 460 Motion Hearing,, Proposed Decision and Order on Defendant's Motion for Summary Judgment (Leto, Matthew) |
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Filing 461
ORDER GRANTING MOTION TO APPEAR PRO HAC VICEgranting #458 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) George B. Davis. Signed by Judge Jose E. Martinez on 11/27/2019. See attached document for full details. (mee)
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| Filing 460 PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Motion Hearing held on 11/25/2019 re #302 MOTION to Seal Motion for Summary Judgment per Local Rule 5.4 filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO.. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Marcos Daniel Jimenez, Jonathan P. Harmon, Gregory J. DuBoff, Patrick J. Boyle, Jessie F. Beeber, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (mws) Modified text to correct hearing date per chambers on 11/26/2019 (mno). |
| Filing 459 TRANSCRIPT of motion hearing held on 11-22-2019 before Judge Jose E. Martinez, 1-53 pages, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/23/2020. (dwh) |
| Filing 458 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for George B. Davis. Filing Fee $ 75.00 Receipt # 113C-12176831 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/9/2019 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 457 RESPONSE to #456 Plaintiff's MOTION Objection to Defendants' November 18, 2019 Submission re 447 Order Setting Hearing on Motion,, Order Setting/Cancelling Hearing, by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Jimenez, Marcos) |
| Filing 456 Plaintiff's Objection to Defendants' November 18, 2019 Submission re 447 Order Setting Hearing on Motion,, Order Setting/Cancelling Hearing, by Companhia Energtica Potiguar. (Leto, Matthew) Text Modified on 11/21/2019 (cqs). |
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Filing 455
PAPERLESS ORDER granting #454 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Jose E. Martinez on 11/20/2019. (mws)
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| Filing 454 Renewed MOTION to Bring Electronic Equipment into the courtroom by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/4/2019 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
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Filing 453
PAPERLESS ORDER granting #451 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Jose E. Martinez on 11/20/2019. (mws)
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Filing 452
ORDER REVISING PRETRIAL SCHEDULE, granting in part and denying in part #450 Motion Joint Motion for Agreed Scheduling Order. Signed by Judge Jose E. Martinez on 11/20/2019. See attached document for full details. (mee)
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| Filing 451 Renewed MOTION to Bring Electronic Equipment into the courtroom by Companhia Energtica Potiguar. Responses due by 12/4/2019 (Attachments: #1 Exhibit Proposed Order)(Leto, Matthew) |
| Filing 450 Joint MOTION for Approval of Agreed Scheduling Order by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
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Filing 449
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, granting #440 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Matthew P. Leto. Signed by Judge Jose E. Martinez on 11/15/2019. See attached document for full details. (mee)
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Filing 448
ORDER GRANTING SHERYLLE FRANCIS'S MOTION TO WITHDRAW, granting #446 Motion to Withdraw as Attorney. Sherylle Andrea Odette Francis withdrawn from case. Signed by Judge Jose E. Martinez on 11/15/2019. See attached document for full details. (mee)
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Filing 447
PAPERLESS ORDER resetting hearing on Motion for Summary Judgment 303 for 11/22/2019 at 3:30 PM in Miami Division before Judge Jose E. Martinez. The hearing set for 11/15/2019 at 2:00 PM is cancelled. The parties are requested to provide courtesy copies of their materials to Chambers prior to the hearing, excluding exhibits. Signed by Judge Jose E. Martinez on 11/14/2019. (mws)
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| Filing 446 MOTION to Withdraw as Attorney by Sherylle A.O. Francis for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/27/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Francis, Sherylle) |
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Filing 445
ORDER GRANTING PLAINTIFF'S MOTION TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM, granting #442 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Jose E. Martinez on 11/12/2019. See attached document for full details. (mee)
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Filing 444
ORDER GRANTING MOTION OF WITHDRAWAL OF GOLDBERG SEGALLA LLP, granting #439 Motion to Withdraw as Attorney. Kimberly A. Cook withdrawn from case. Signed by Judge Jose E. Martinez on 11/12/2019. See attached document for full details. (mee)
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Filing 443
ORDER GRANTING DEFENDANTS MOTION FOR LEAVE TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM,granting #441 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Jose E. Martinez on 11/12/2019. See attached document for full details. (mee)
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| Filing 442 MOTION to Bring Electronic Equipment into the courtroom for November 15, 2019 Summary Judgment Hearing by Companhia Energtica Potiguar. Responses due by 11/22/2019 (Attachments: #1 Exhibit Proposed Order)(Leto, Matthew) |
| Filing 441 MOTION to Bring Electronic Equipment into the courtroom by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/22/2019 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 440 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily A. Seiderman. Filing Fee $ 75.00 Receipt # 113C-12132572 by Companhia Energtica Potiguar. Responses due by 11/22/2019 (Attachments: #1 Exhibit Certificate, #2 Exhibit Proposed Order)(Leto, Matthew) |
| Filing 439 MOTION to Withdraw as Attorney by Goldberg Segalla, LLP by Kimberly A. Cook for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/22/2019 (Attachments: #1 Text of Proposed Order)(Cook, Kimberly) |
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Filing 438
ORDER GRANTING MOTION OF WITHDRAWAL OF KEVIN M. BOVARD granting #433 Motion to Withdraw as Attorney. Kevin M. Bovard withdrawn from case Notice of Termination delivered by US Mail to Kevin Bovard.. Signed by Judge Jose E. Martinez on 11/6/2019. See attached document for full details. (mee)
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Filing 437
ORDER GRANTING MOTION OF WITHDRAWAL OF BAKER HOSTETLER, LLP granting #432 Motion to Withdraw as Attorney. Maria R. Coor; Paul E. Poirot; Shawnna M. Yashar; Robert G. Abrams and Gregory J. Commins, Jr withdrawn from case Notice of Termination delivered by US Mail to Robert Abrams, Gregory Commins, Maria Coor, Paul Poirot, Shawnna Yashar. Signed by Judge Jose E. Martinez on 11/6/2019. See attached document for full details. (mee)
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Filing 436
ORDER GRANTING MOTION OF WITHDRAWAL OF E. REBECCA GANTT granting #430 Motion to Withdraw as Attorney. E. Rebecca Gantt withdrawn from case Notice of Termination delivered by US Mail to E. Gantt.. Signed by Judge Jose E. Martinez on 11/6/2019. See attached document for full details. (mee)
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| Filing 435 Notice of Supplemental Authority re 426 Order, Set/Reset Hearings by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. (Attachments: #1 Exhibit) (Jimenez, Marcos) |
| Filing 434 Notice of Supplemental Authority re 426 Order, Set/Reset Hearings by Companhia Energtica Potiguar (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Leto, Matthew) |
| Filing 433 MOTION to Withdraw as Attorney by Kevin M. Bovard for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/15/2019 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 432 MOTION to Withdraw as Attorney by Baker Hostetler, LLP, Gregory J. Commins, Jr., Maria R. Coor, Paul E. Poirot, Robert G. Abrams, and Shawnna M. Yashar for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/15/2019 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 431 Notice of Supplemental Authority re 426 Order, Set/Reset Hearings by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. (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) (Jimenez, Marcos) |
| Filing 430 MOTION to Withdraw as Attorney by E. Rebecca Gantt for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/12/2019 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
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Filing 429
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECRONIC FILING,granting #428 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Gregory C. DuBoff. Signed by Judge Jose E. Martinez on 10/28/2019. See attached document for full details. (mee)
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| Filing 428 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory J. DuBoff. Filing Fee $ 75.00 Receipt # 113C-12096320 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/8/2019 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
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Filing 427
ORDER REVISING TRIAL AND PRETRIAL SCHEDULE: Jury Trial set for 1/21/2020 in Miami Division before Judge Jose E. Martinez. Calendar Call set for 1/16/2020 01:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 10/22/2019. See attached document for full details. (mc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 426
PAPERLESS ORDER setting hearing on 303 Motion for Summary Judgment for 11/15/2019 at 2:00 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 10/22/2019. (mws)
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| Filing 425 STATUS REPORT re: Letter to Court requesting status conference by Companhia Energtica Potiguar (Leto, Matthew) |
| Filing 424 Unopposed MOTION Motion for Status Conference by Companhia Energtica Potiguar. (Attachments: #1 Text of Proposed Order Proposed Order)(Leto, Matthew) |
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Filing 423
ORDER granting #422 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) E. Rebecca Gantt. Signed by Judge Jose E. Martinez on 5/21/2018. (ls)
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| Filing 422 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Gantt. Filing Fee $ 75.00 Receipt # 113C-10666830 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 6/1/2018 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 421 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2018-12 to Magistrate Judge Lauren F. Louis. Magistrate Judge William C. Turnoff no longer assigned to case. (vjk) |
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Filing 420
ORDER granting #419 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan P. Harmon. Signed by Judge Jose E. Martinez on 2/6/2018. (mc)
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| Filing 419 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan P. Harmon. Filing Fee $ 75.00 Receipt # 113C-10383815 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/20/2018 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
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Filing 418
ORDER granting #416 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Diane P. Flannery. Signed by Judge Jose E. Martinez on 1/29/2018. (mc)
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Filing 417
ORDER OF RECUSAL. Magistrate Judge Jonathan Goodman recused. Case reassigned to Magistrate Judge William C. Turnoff for all further proceedings Signed by Magistrate Judge Jonathan Goodman on 1/26/2018. (jc) (Main Document 417 replaced on 1/26/2018) (jc).
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| Filing 416 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Diane P. Flannery. Filing Fee $ 75.00 Receipt # 113C-10360126 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/9/2018 (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) |
| Filing 415 NOTICE of Attorney Appearance by Marcos Daniel Jimenez on behalf of CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Attorney Marcos Daniel Jimenez added to party CATERPILLAR AMERICAS CO.(pty:dft), Attorney Marcos Daniel Jimenez added to party CATERPILLAR INC.(pty:dft), Attorney Marcos Daniel Jimenez added to party Caterpillar Americas Services Co.(pty:dft). (Jimenez, Marcos) |
| Filing 414 NOTICE of Change of Address by Kimberly A. Cook (Cook, Kimberly) |
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Filing 413
PAPERLESS ORDER granting #400 Unopposed MOTION to Reopen Case and denying without prejudice the parties' Request for Status Conference at this time. This case is hereby REOPENED, and the parties may wish to renew their request for a status conference, if applicable, following this Court's ruling on the 303 SEALED MOTION for Summary Judgment. Signed by Judge Jose E. Martinez on 12/14/2017. (rkn)
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Filing 412
ORDER Adopting 396 Report and Recommendations, #401 Report and Recommendations are AFFIRMED and ADOPTED in their entirely. Accordingly, it is ADJUDGED that 300 , 301 are GRANTED IN PART and DENIED IN PART as specifically set forth in Magistrate Judge Goodman's Sealed Omnibus Report and Recommendation, and Public Omnibus Report and Recommendation. Signed by Judge Jose E. Martinez on 12/13/2017. (nc)
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| Case Reopened per 413 . (rkn) |
| Filing 411 Notification of Ninety Days Expiring re: [300, 301, 303] by Companhia Energtica Potiguar re #403 Objections to Report and Recommendations filed by Companhia Energtica Potiguar, #357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar, #404 Objections to Report and Recommendations, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. (Leto, Matthew) |
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Filing 410
PAPERLESS ORDER granting #409 Motion to Withdraw as Attorney. Attorney Charles Stuart Davant terminated. Signed by Judge Jose E. Martinez on 9/5/2017. (rkn)
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| Filing 409 MOTION to Withdraw as Attorney by Charles S. Davant. by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 9/14/2017 (Attachments: #1 Text of Proposed Order Proposed Order on Motion To Withdraw as Counsel of Record)(Davant, Charles) |
| Filing 408 Plaintiff's REPLY to #401 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPIL by Companhia Energtica Potiguar. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C- Proposed Order)(Leto, Matthew) |
| Filing 407 REPLY to #401 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPIL Reply In Support Of Defendants' Objection To Omnibus Report and Recommendations Concerning Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit Ex.1, #2 Exhibit Ex.2, #3 Exhibit Ex.3, #4 Exhibit Ex.4, #5 Exhibit Ex.5, #6 Exhibit Ex.6, #7 Exhibit Ex.7)(Davant, Charles) |
| Filing 406 RESPONSE TO OBJECTION to #401 Report and Recommendations Concerning Daubert Motions by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 405 RESPONSE TO OBJECTION to #401 Report and Recommendations Concerning Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Davant, Charles) |
| Filing 404 OBJECTIONS to #401 Report and Recommendations Concerning Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Davant, Charles) |
| Filing 403 OBJECTIONS to #401 Report and Recommendations Concerning Daubert Motions by Companhia Energtica Potiguar. (Leto, Matthew) |
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Filing 402
PAPERLESS ORDER granting #397 Motion for Extension of Time. The parties shall file any Objections to Magistrate Judge Goodman's Report and Recommendations on or before June 30, 2017. The parties shall file any Responses to those Objections on or before July 28, 2017. The parties may file any corresponding Replies on or before August 11, 2017. The parties are advised that NO further extensions shall be granted absent compelling circumstances. Signed by Judge Jose E. Martinez on 6/15/2017. (rkn)
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| Filing 401 Public REPORT AND RECOMMENDATIONS on 300 301 Daubert Motions. Signed by Magistrate Judge Jonathan Goodman on 6/12/2017. (jdo) |
| Filing 400 Unopposed MOTION to Reopen Case and Request for Status Conference by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 399 RESPONSE in Opposition re #397 MOTION for Extension of Time Motion for a Brief Extension of Deadlines for Caterpillar to File Objections to Report and Recommendations on Daubert Motions filed by Companhia Energtica Potiguar. Replies due by 6/19/2017. (Leto, Matthew) |
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Filing 398
PAPERLESS ORDER requiring EXPEDITED response to #397 Motion for a Brief Extension of Deadlines for Caterpillar to File Objections to Report and Recommendations on Daubert Motions on or before June 12, 2017. Signed by Judge Jose E. Martinez on 6/9/2017. (rkn)
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| Filing 397 MOTION for Extension of Time Motion for a Brief Extension of Deadlines for Caterpillar to File Objections to Report and Recommendations on Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 6/23/2017 (Davant, Charles) |
| SYSTEM ENTRY - Docket Entry 396 [report and recommendations] restricted/sealed until further notice. (nc) |
| Filing 395 Notification of Ninety Days Expiring by Companhia Energtica Potiguar (Leto, Matthew) |
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Filing 394
AMENDED ORDER re #393 ORDER STAYING AND ADMINISTMTIVELY CLOSING CASE. Motions terminated: 387 Unopposed MOTION to Seal per Local Rule 5.4 filed by Companhia Energtica Potiguar, 375 Defendant's OBJECTION of Magistrate Judge 371 REPORT AND RE COMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil, 357 MOTION to Strike Defendants' Document Styled a s a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar. Signed by Judge Jose E. Martinez on 9/20/2016. (cbr)
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Filing 393
ORDER STAYING AND ADMINISTMTIVELY CLOSING CASE. Motions terminated: #387 Unopposed MOTION to Seal per Local Rule 5.4 filed by Companhia Energtica Potiguar, #375 Defendant's OBJECTION of Magistrate Judge #371 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil, #357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar. Signed by Judge Jose E. Martinez on 9/19/2016. (lan) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Filing 392
ORDER Denying 331 Motion Objection to April 9 and 13 Orders Denying Request to Strike Errata Sheet of Henry Fuentes (Dkt. Nos. 308,313) and Motion to Enforce the Scheduling Order and For a Stay of the April 9 and 13 Orders. Signed by Judge Jose E. Martinez on 9/19/2016. (See Order for full details) (nc)
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Filing 391
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Adopting and Affirming #371 Report and Recommendations on Defendants' 300 Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony is DENIED. Signed by Judge Jose E. Martinez on 9/19/2016. (nc)
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Filing 390
ORDER denying #373 Motion. Signed by Judge Jose E. Martinez on 9/19/2016. (lan)
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| Filing 389 RESPONSE in Support re #387 Unopposed MOTION to Seal per Local Rule 5.4 filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 387 Unopposed MOTION to Seal per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: #1 Exhibit Proposed Order) (Leto, Matthew) |
| Filing 386 REPORT REGARDING Pending Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. (Davant, Charles) |
| SYSTEM ENTRY - Docket Entry 388 [misc] restricted/sealed until further notice. (1018816) |
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Filing 385
ENDORSED ORDER granting in part and denying in part #384 Motion for Leave to File Excess Pages. Plaintiffs may have five (5) additional pages for their omnibus proposed Report and Recommendations on the myriad Daubert motions. Thus, the required submission may be up to forty-five (45) pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 7/28/2016. (JG)
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| Filing 384 Plaintiff's MOTION for Leave to File Excess Pages for Plaintiff's Proposed Report and Recommendations Filed Pursuant to the Court's July 13, 2016 Order [ECF No. 380] by Companhia Energtica Potiguar. (Attachments: #1 Exhibit A- Proposed Order, #2 Certification of Service)(Leto, Matthew) |
| Filing 383 REPLY to Response to Motion re #375 Defendant's OBJECTION of Magistrate Judge #371 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil Defendants' Reply in Support of Objection to June 13, 2016 Report and Recommendations on Defendants' Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony (Dkt. No. 371) filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit 1 - Nikain Report Excerpts, #2 Exhibit 2 - Nikain Deposition Excerpts)(Davant, Charles) |
| Filing 382 MEMORANDUM of Law re #376 Response in Opposition to Motion,, Reply in Further Support of its Objection to Magistrate Goodman's Order Granting Defendants' Motion to Strike Ole Haaland's Declaration by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 381 RESPONSE in Opposition re #375 Defendant's OBJECTION of Magistrate Judge #371 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil filed by Companhia Energtica Potiguar. Replies due by 7/25/2016. (Leto, Matthew) |
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Filing 380
ORDER requiring the parties to file a proposed report and recommendations on the pending Daubert motions. Signed by Magistrate Judge Jonathan Goodman on 7/13/2016. (mda)
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| Filing 379 **PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 7/12/2016. **CASE DID NOT SETTLE** (Digital 09:58:00.) (mso) |
| SYSTEM ENTRY - Docket Entry 378 [misc] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 377 [misc] restricted/sealed until further notice. (1018816) |
| Filing 376 RESPONSE in Opposition re #373 Plaintiff's MOTION Objection to Magistrate Judge Goodman's Order Granting Defendants' Motion to Strike Ole Haaland's Declaration re #361 Order on Motion to Strike Defendants' Response to Plaintiff's Objection to Magistrate Judge Goodman's Order Granting Defendants' Motion to Strike Haaland Declaration filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 7/15/2016. (Attachments: #1 Exhibit 1 - Arroyave Rebuttal Report, #2 Exhibit 2 - Expert Report of Alan Daniels)(Davant, Charles) |
| Filing 375 Defendant's OBJECTION of Magistrate Judge #371 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPIL to District Court Defendants' Objection to June 13, 2016 Report and Recommendations on Defendants' Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony (Dkt. No. 371) (Attachments: #1 Exhibit Ex. 1 - Fuentes Report With Appendices, #2 Exhibit Ex. 2 - Fuentes Depo, #3 Exhibit Ex. 3 - Fuentes Errata, #4 Exhibit Ex. 4 - Minks Report, #5 Exhibit Ex. 5 - Nikain Report)(Davant, Charles) |
| Filing 374 REPLY to Response to Motion re #357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar. (Attachments: #1 Exhibit A)(Leto, Matthew) |
| Filing 373 Plaintiff's MOTION Objection to Magistrate Judge Goodman's Order Granting Defendants' Motion to Strike Ole Haaland's Declaration re #361 Order on Motion to Strike by Companhia Energtica Potiguar. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Leto, Matthew) |
| Filing 372 RESPONSE in Opposition re #357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 6/23/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Davant, Charles) |
| Filing 371 REPORT AND RECOMMENDATIONS on Defendants' 300 Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony. Signed by Magistrate Judge Jonathan Goodman on 6/13/2016. (mda) |
| Filing 370 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 6/9/2016. (Digital 17:30:47.) (mso) |
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Filing 369
ENDORSED ORDER scheduling a Settlement Conference for 7/12/2016 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall each submit a confidential settlement conference statement, limited to approximately thirty pages, to the Undersigned's e-file inbox (goodman@flsd.uscourts.gov) by July 7, 2016. Additionally, each party shall, by 7/7/2016, file under seal an affidavit detailing the total amount of attorneys' fees and costs it has incurred to date, the number of hours each attorney worked on the case, the names of the attorneys who have worked on the case (and their total hours), and each attorney's hourly rate. The affidavit shall also explain whether the hourly rates or total fees are in any way discounted. Signed by Magistrate Judge Jonathan Goodman on 6/9/2016. (mda) Modified affidavit filing deadline per chambers on 6/10/2016 (wc).
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| Filing 368 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Scheduling Conference held on 6/8/2016. (Digital 17:28:58.) (mso) |
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Filing 367
ENDORSED ORDER setting a Telephonic Scheduling Conference for 6/9/2016 at 05:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman to further discuss the scheduling of a settlement conference. The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 6/7/2016. (mda)
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Filing 366
ENDORSED ORDER granting #365 Defendants' Unopposed Motion for Extension of Time to Comply with Court Order. Defendants need not refile the #364 Notice of Compliance. Signed by Magistrate Judge Jonathan Goodman on 6/7/2016. (mda)
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| Filing 365 Unopposed MOTION for Extension of Time to Comply with Court Order Defendants' Unopposed Motion for Extension of Time to Comply with Court Order re #356 Order on Motion to Seal by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 6/23/2016 (Attachments: #1 Exhibit Exhibit A - Email to Opposing Counsel 700 pm EST June 3, 2016, #2 Exhibit Exhibit B - Email to J. Goodman 804 pm EST June 3, 2016)(Davant, Charles) |
| Filing 364 NOTICE of Compliance Caterpillar's Notice of Compliance with Court Order by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #360 Notice of Compliance filed by CATERPILLAR INC., #356 Order on Motion to Seal (Attachments: #1 Appendix Attachment 1: CEP Daubert Motion (ECF No. 301) pages 30-31 redacted, #2 Appendix Attachment 2: CEP Daubert Motion (ECF No. 301) Exhibit 5 chart on page 19 redacted, #3 Appendix Attachment 3: CEP Daubert Motion (ECF No. 301) Exhibit 6 page 577 redacted, #4 Appendix Attachment 4: CEP Daubert Motion (ECF No. 301) Exhibit 9 pages 292:13-18, 293:5-12 redacted, #5 Appendix Attachment 5: CEP Daubert Motion (ECF No. 301) Exhibit 14 paragraphs 27, 34, 56, 62-64 redacted, #6 Appendix Attachment 6: CEP Daubert Motion (ECF No. 301) Exhibit 23 paragraphs 35, 63, 70, 91, 95-96, 98, 103 (including figure 7), 109 (including figures 10-11), 110, 115 redacted, #7 Appendix Attachment 7: CEP Daubert Motion (ECF No. 301) Exhibit 24 pages 105:15- 106:2, 109:24-25, 120:17-23, 121:24-124:6, 126:10-17, 172:1-173:9, 177:7- 181:25, 189-92, 198-99, 205-07 redacted, #8 Appendix Attachment 8: CEP Daubert Motion (ECF No. 301) Exhibit 31 note on page 46 redacted, #9 Appendix Attachment 9: Caterpillar Daubert Motion (ECF No. 300) Exhibit 4 paragraphs 27, 34, 56, and 62-64, #10 Appendix Attachment 10: Caterpillar Daubert Opposition (ECF No. 318) first five lines and footnote 7 on page 29 redacted, #11 Appendix Attachment 11: Caterpillar Daubert Opposition (ECF No. 318) Exhibit N pages 11:22-19:17 redacted, #12 Appendix Attachment 12: Caterpillar Daubert Opposition (ECF No. 318) Exhibit P pages 187:15-202:25, 205:17-209:25 redacted, #13 Appendix Attachment 13: CEP Daubert Reply (ECF No. 333) page 13, underneath Section V redacted) (Davant, Charles) |
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Filing 363
ENDORSED ORDER setting a Telephone Hearing for 6/7/2016 at 05:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman to discuss scheduling a settlement conference. Counsel shall have their calendars (as well as the calendars for their client representatives and, if applicable, insurance claims adjusters) available. The Undersigned anticipates that the settlement conference will occur this month. If CAT has any potentially applicable insurance coverage, including excess coverage, for any amount encompassed by CEP's damages demand (as outlined by its expert witness), then an appropriate claims attorney/claims adjuster for each carrier shall also attend the settlement conference. In addition, if there is insurance coverage, then CAT should be prepared to advise the Undersigned about the coverage, including the limits of the policy (or policies) and whether the coverage is wasting. The settlement conference will last all day, if necessary, so counsel should factor that in when evaluating scheduling availability. By 5:00 PM, the day before the settlement conference, each side shall file under seal an affidavit detailing the total amount of attorney's fees and costs it has incurred to date, the number of hours each attorney worked on the case, the names of the attorneys who have worked on the case (and their total hours), and each attorney's hourly rate. The affidavit shall also explain whether the hourly rates or total fees are in any way discounted. Additionally, the parties shall submit a courtesy copy of the affidavits to the Undersigned's e-file inbox (goodman@flsd.uscourts.gov). The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 6/2/2016. (mda)
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Filing 362
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for purposes of conducting a settlement conference. Signed by Judge Jose E. Martinez on 6/2/2016. (rkn)
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Filing 361
ORDER concerning #336 Defendants' Motion to Strike Ole Haaland's Declaration in Opposition to a Motion to Exclude His Expert Opinions and Testimony. Signed by Magistrate Judge Jonathan Goodman on 6/2/2016. (mda)
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| Filing 360 NOTICE of Compliance and Motion to Seal Certain Portions of Briefs and Exhibits by CATERPILLAR INC. re #356 Order on Motion to Seal (Davant, Charles) |
| Filing 359 NOTICE by Companhia Energtica Potiguar re #356 Order on Motion to Seal (Leto, Matthew) |
| Filing 358 REPLY to Response to Motion re #336 MOTION to Strike Defendants' Motion to Strike "Declaration of Ole Haaland In Opposition to Caterpillar's Motion to Exclude the Opinions and Testimony of Ole Haaland" with Incorporated Memorandum of Law filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" by Companhia Energtica Potiguar. Responses due by 6/13/2016 (Leto, Matthew) Modified to reopen document on 10/3/2019 (ra). |
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Filing 356
ORDER concerning CEP's #350 Unopposed Motion to File under Seal. Signed by Magistrate Judge Jonathan Goodman on 5/19/2016. (mda)
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Filing 355
PAPERLESS ORDER granting #352 Motion to Seal. Re: 353 Sealed Document, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 354 Sealed Document,, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Defendants' Exhibits 45-59 in support of the Reply, the Reply, and Response to Plaintiff's Counter-Statement of Material Facts shall remain under seal until further order of this Court. Signed by Judge Jose E. Martinez on 5/19/2016. (rkn)
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| Filing 352 MOTION to Seal Defendants' Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| SYSTEM ENTRY - Docket Entry 353 [misc] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 354 [misc] restricted/sealed until further notice. (1004481) |
| Filing 350 Unopposed MOTION to Seal Opposition to Defendants' Motion to Strike per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: #1 Exhibit Proposed Order) (Leto, Matthew) |
| Filing 349 RESPONSE/REPLY to #343 Memorandum, in Opposition to Motion to Enforce the Scheduling Order and for a Stay of the April 9 and 13 Order (ECF 331) by Companhia Energtica Potiguar by CATERPILLAR INC.. (Davant, Charles) |
| SYSTEM ENTRY - Docket Entry 351 [misc] restricted/sealed until further notice. (1018816) |
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Filing 348
ENDORSED ORDER granting #332 Plaintiff's Unopposed Motion for Leave to File Under Seal and granting #334 Defendants' Unopposed Motion for Leave to File Under Seal. Signed by Magistrate Judge Jonathan Goodman on 5/9/2016. (mda)
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Filing 347
PAPERLESS ORDER granting #330 Motion to Seal. Re: 331 SEALED Objection to April 9 and 13 Orders Denying Request to Strike Errata Sheet of Henry Fuentes (Dkt. Nos. 308,313) and Motion to Enforce the Scheduling Order and For a Stay of the April 9 and 13 Orders filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. The requisite, specified documents shall remain under seal until further order of the Court. Signed by Judge Jose E. Martinez on 5/9/2016. (rkn)
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Filing 346
PAPERLESS ORDER granting #344 Motion to Seal. Re: 345 Sealed Document, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Amended Exhibit 21 in Support of Defendants' Local Rule 56.1 Statement of Material Facts shall remain under seal until further order of the Court. Signed by Judge Jose E. Martinez on 5/9/2016. (rkn)
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| Filing 344 MOTION to Seal Defendants' Unopposed Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| SYSTEM ENTRY - Docket Entry 345 [misc] restricted/sealed until further notice. (1004481) |
| Filing 343 MEMORANDUM in Opposition to Motion to Enforce the Scheduling Order and for a Stay of the April 9 and 13 Order (ECF 331) by Companhia Energtica Potiguar. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Leto, Matthew) |
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Filing 342
PAPERLESS ORDER granting #338 Motion to Seal. Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment and Request for Oral Argument, dated May 2, 2016; and (2) the Declaration of Patrick J. Boyle, dated May 2, 2016, and the accompanying exhibits shall remain under seal until further order of this Court. Signed by Judge Jose E. Martinez on 5/3/2016. (rkn)
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| Filing 338 Unopposed MOTION to Seal Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: #1 Exhibit Proposed Order) (Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 341 [misc] restricted/sealed until further notice. (1018816) |
| SYSTEM ENTRY - Docket Entry 340 [misc] restricted/sealed until further notice. (1018816) |
| SYSTEM ENTRY - Docket Entry 339 [misc] restricted/sealed until further notice. (1018816) |
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Filing 337
PAPERLESS ORDER REFERRING #336 MOTION to Strike Defendants' Motion to Strike "Declaration of Ole Haaland In Opposition to Caterpillar's Motion to Exclude the Opinions and Testimony of Ole Haaland" with Incorporated Memorandum of Law filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. to Magistrate Judge Jonathan Goodman, to take all necessary and proper action as required by law. Signed by Judge Jose E. Martinez on 4/29/2016. (rkn)
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| Filing 336 MOTION to Strike Defendants' Motion to Strike "Declaration of Ole Haaland In Opposition to Caterpillar's Motion to Exclude the Opinions and Testimony of Ole Haaland" with Incorporated Memorandum of Law by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 5/16/2016 (Davant, Charles) |
| Filing 334 MOTION to Seal Defendants' Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 332 Unopposed MOTION to Seal Reply Memorandum per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: #1 Exhibit "A" - Proposed Order) (Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 335 [misc] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 333 [misc] restricted/sealed until further notice. (1018816) |
| Filing 330 MOTION to Seal Defendants' Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 329 Clerks Notice to Filer re 318 SEALED MOTION , 322 SEALED MOTION, 320 SEALED MOTION, 316 SEALED MOTION, 323 SEALED MOTION, 324 SEALED MOTION, 321 SEALED MOTION, 319 SEALED MOTION, 325 SEALED MOTION. Wrong Event Selected; ERROR - The Filer selected the wrong event. In the future when filing a Memorandum In Opposition, etc., please select the Event Sealed Document (restricted). It is not necessary to refile this document. (Motions terminated) (nc) |
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Filing 328
ENDORSED ORDER granting #315 Plaintiff's Unopposed Motion to Seal Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes and granting #317 Defendants' Motion for Leave to File Under Seal. Additionally, the Court notes Plaintiff submitted an additional filing that it incorrectly docketed as a motion instead of a memorandum of law despite Plaintiff correctly titling it as 316 Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes. Again, the parties are urged to file their submissions properly as the Undersigned previously indicated. See ECF No. 202. Signed by Magistrate Judge Jonathan Goodman on 4/20/2016. (mda)
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| SYSTEM ENTRY - Docket Entry 331 [motion] restricted/sealed until further notice. (1004481) |
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Filing 327
ENDORSED ORDER regarding additional improper designations of memoranda as motions.Defendants correctly titled its filing as a Memorandum in Opposition to Plaintiff's Motion in Limine to Preclude Expert Testimony of Michael Minks, Nathan Rasmussen, Alan Daniel, David Nycz, Brian Howe, Esteban Arroyave, and Reza Nikain. But the person who did the actual filing on CM/ECF incorrectly designated the memorandum as a "motion," which causes the system to place a gavel on the Court's internal docket sheet. Not only was it incorrectly designated as a motion, but the motion and the corresponding exhibits were filed as nine separate motions.A gavel on the docket sheet indicates that a motion has been filed and needs to be ruled upon. The Undersigned notes that this is not the first time the parties here have incorrectly classified a memorandum as a motion when filing a submission on CM/ECF, nor is it the first time that this issue is addressed. [ECF No. 202]. The Undersigned's law clerk has now arranged to remove the gavels (because no motion has been filed), but the parties are again urged to make sure that they (or the persons to whom they delegate the task of actually filing a submission on CM/ECF) use the correct tool to accurately label submissions. Signed by Magistrate Judge Jonathan Goodman on 4/19/2016. (mda)
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| SYSTEM ENTRY - Docket Entry 326 [motion] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 325 [motion] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 324 [motion] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 323 [motion] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 322 [motion] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 321 [motion] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 320 [motion] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 319 [motion] restricted/sealed until further notice. (1004481) |
| Filing 317 Unopposed MOTION to Seal Defendants' Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 315 Plaintiff's MOTION to Seal Plaintiff's Unopposed Motion to Seal Plaintiff's Memorandum of Law In Opposition to Defendants' Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch and Henry Fuentes, and Exhibits Thereto per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: #1 Text of Proposed Order) (Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 316 [motion] restricted/sealed until further notice. (1018816) |
| SYSTEM ENTRY - Docket Entry 318 [motion] restricted/sealed until further notice. (1004481) |
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Filing 314
ENDORSED ORDER granting #297 CEP's Unopposed Motion to Seal Exhibits to Plaintiff's Motion In Limine and granting #298 CAT's Unopposed Motion for Leave to File Under Seal. Also, the parties are required to hand-deliver two courtesy copies (one for the Undersigned and one for the law clerk assigned to the case) of their 300 301 motions to exclude experts and the exhibits, as well as any future responses, replies, and additional exhibits, in organized and tabbed binders. Signed by Magistrate Judge Jonathan Goodman on 4/14/2016. (mda)
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Filing 313
ORDER denying #311 Defendants' "Emergency" Motion to Stay Enforcement of April 9, 2016 Order. Signed by Magistrate Judge Jonathan Goodman on 4/13/2016. (mda)
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Filing 312
PAPERLESS ORDER REFERRING 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 301 Plaintiff's SEALED MOTION In Limine to Preclude Expert Testimony of Michael Minks, Nathan Rasmussen, Alan Daniel, David Nycz, Brian Howe, Esteban Arroyave, and Reza Nikain, Pursuant to Federal Rules of Evidence 402, 403, and 702 filed by Companhia Energtica Potiguar, #297 Plaintiff's MOTION to Seal Exhibits to Motion in Limine to Preclude Expert Testimony of Michael Minks, Nathan Rasmussen, Alan Daniel, David Nycz, Brian Howe, Esteban Arroyave, and Reza Nikain per Local Rule 5.4 filed by Companhia Energtica Potiguar, #298 MOTION to Seal Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes per Local Rule 5.4 filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Motions referred to Judge Jonathan Goodman Signed by Judge Jose E. Martinez on 4/13/2016. (rkn)
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| Filing 311 EMERGENCY MOTION with Certification of Emergency attached to Stay Enforcement of Magistrate Judge's April 9, 2016 Order by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 4/29/2016 (Attachments: #1 Certification of Emergency)(Davant, Charles) |
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Filing 310
ENDORSED ORDER granting #309 Plaintiffs' Motion for Clarification concerning discovery order concerning Mr. Fuentes' errata sheet [ECF No. 308].Before clarifying the Order, I will first note that the Order did not, as Plaintiffs say in their motion, "order" that a supplemental deposition take place. Instead, I merely gave Defendants the opportunity to take another deposition, limited to the issues specified in the Order. The phrasing was hardly mandatory (i.e., "will permit" a deposition). Defendants need not take the deposition if they do not want to.Second, although Plaintiffs note in their motion that the hearing notice and briefing (which was limited to responding to specific questions I posed) did not specifically mention the alternate relief of taking another deposition, that concept was, in fact, discussed several times at the hearing.So here is the clarification: there is no time limit, other than the presumptive one of seven hours. Of course, there is a practical restriction -- the limited subject matter of the deposition. Signed by Magistrate Judge Jonathan Goodman on 4/11/2016. (JG)
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| Filing 309 Plaintiff's MOTION for clarification 308 Order,,,,,,,,, by Companhia Energtica Potiguar. Responses due by 4/28/2016 (Attachments: #1 Text of Proposed Order)(Leto, Matthew) |
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Filing 308
ORDER re #289 Notice (Other) filed by Companhia Energtica Potiguar, #307 Memorandum filed by Companhia Energtica Potiguar, 282 Order, Set/Reset Hearings,, #284 Joint MOTION to Continue Hearing Date filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., #293 Notice (Other) filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., #306 Memorandum, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., #299 Order, #286 Notice of Hearing by Attorney filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., #287 Notice (Other) filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 285 Order on Motion to Continue.This order concerns Henry Fuentes' errata sheet.Defendants want the Court to strike the errata sheet of Henry Fuentes, Plaintiff's damages expert. The Undersigned denies the request. However, given that (1) the issue arose in connection with a deposition taken before the discovery deadline expired, (2) the case is currently not on a trial calendar, and (3) the parties estimate that the trial will last at least several weeks and it therefore seems highly unlikely that a trial will occur within the next four or five months (at a minimum), the Undersigned will permit Defendants to take another deposition of Fuentes before Wednesday, April 20, 2016. The deposition will be limited to the documents and materials listed in his errata sheet, how (specifically) they relate to his conclusions and form the basis for his opinions and conclusions, how the documents were used to formulate the opinions and conclusions in his initial report, how he could have relied on documents not provided to him at the time of his initial written report and the circumstances under which he submitted an errata sheet. The reasons for my decision to permit another deposition of Fuentes are fact-specific and are based on the unique circumstances presented here. This order should therefore not be used to support additional requests to take additional depositions of experts in this case merely because they, too, submitted errata sheets. Signed by Magistrate Judge Jonathan Goodman on 4/9/2016. (JG)
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| Filing 307 MEMORANDUM of Law re #299 Order Response to Post-Discovery Hearing by Companhia Energtica Potiguar. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leto, Matthew) |
| Filing 306 MEMORANDUM of Law Defendants' Memorandum of Law in Support of Finding that an Expert Witness May Not Provide "Supplemental" Testimony After Discovery Closes Without Leave of Court and that a Court May Strike Part of an Errata Sheet by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit 1)(Davant, Charles) |
| Filing 305 TRANSCRIPT of Discovery Hearing held on 04/01/2016 before Magistrate Judge Jonathan Goodman, 1-89 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/2/2016. Redacted Transcript Deadline set for 5/12/2016. Release of Transcript Restriction set for 7/8/2016. (sf) |
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Filing 304
PAPERLESS ORDER granting #302 Motion to Seal. The Motion for Summary Judgment, (2) Exhibits (1-44) in support of the Motion for Summary Judgment, and (3) Defendants' Statement of Material Facts shall remain under seal until further order of this Court. Signed by Judge Jose E. Martinez on 4/4/2016. (rkn)
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| Filing 302 MOTION to Seal Motion for Summary Judgment per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
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Filing 299
Post-Discovery Hearing Administrative ORDER concerning the discovery hearing held on 4/1/2016. Signed by Magistrate Judge Jonathan Goodman on 4/1/2016. (mda)
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| Filing 298 MOTION to Seal Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 297 Plaintiff's MOTION to Seal Exhibits to Motion in Limine to Preclude Expert Testimony of Michael Minks, Nathan Rasmussen, Alan Daniel, David Nycz, Brian Howe, Esteban Arroyave, and Reza Nikain per Local Rule 5.4 by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 296 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 4/1/2016. (Digital 15:30:16.) (mso) |
| Set/Reset Deadlines/Hearings as to DE 295 : Responses due by 5/2/2016. Replies due by 5/17/2016. (lk) |
| SYSTEM ENTRY - Docket Entry 301 [motion] restricted/sealed until further notice. (1018816) |
| SYSTEM ENTRY - Docket Entry 300 [motion] restricted/sealed until further notice. (1004481) |
| SYSTEM ENTRY - Docket Entry 303 [motion] restricted/sealed until further notice. (1004481) |
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Filing 295
PAPERLESS ORDER granting in part #290 Plaintiff's "EMERGENCY" Unopposed Motion for Enlargement of Time of Briefing Schedule for Summary Judgment Motions, to the extent set forth herein. Each side's response to the opposing Motion for Summary Judgment shall be filed on or before May 2, 2016, with replies filed on or before May 17, 2016. Signed by Judge Jose E. Martinez on 3/31/2016. (rkn)
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Filing 294
PAPERLESS ORDER denying without prejudice #253 Motion Requesting Pretrial Conference. Given that this Court has not yet reset the unexpired pretrial deadlines and trial date in this action #258 , Defendants' request for a pretrial conference is premature at this time. As such, the Court will revisit any potential need for a pretrial conference at a later date. Signed by Judge Jose E. Martinez on 3/31/2016. (rkn)
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| Filing 293 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Defendants' Supplemental Notice of Authorities (Davant, Charles) |
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Filing 292
ENDORSED ORDER clarifying 291 the Undersigned's endorsed order denying #290 CEP's Emergency Opposed Motion for Leave to File Additional Excess Pages, and Unopposed Motion for Enlargement of Briefing Schedule for Summary Judgment and Daubert motions. The Undersigned denies CEP's emergency opposed motion requesting leave to file additional excess pages for its omnibus Daubert motion. I also deny the unopposed request for enlargement of time to file both the responses and the replies to the soon-to-be-filed Daubert motions. However, CEP's unopposed request for an enlargement of time to file the responses and replies to the summary judgment motions remains pending. Signed by Magistrate Judge Jonathan Goodman on 3/29/2016. (mda)
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Filing 291
ENDORSED ORDER denying #290 in its entirety Plaintiff's "Emergency" Motion/Certification of Emergency. No additional pages are permitted and no enlargements of time are being provided. Signed by Magistrate Judge Jonathan Goodman on 3/29/2016. (JG)
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| Filing 290 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached Motion for Leave to File Additional Excess Pages, and Unopposed Motion for Enlargement of Time of Briefing Schedule for Summary Judgment and Daubert Motions by Companhia Energtica Potiguar. Responses due by 4/15/2016 (Attachments: #1 Certification Certification of Emergency, #2 Text of Proposed Order Proposed Order, #3 Certification Certificate of Service)(Leto, Matthew) |
| Filing 289 NOTICE by Companhia Energtica Potiguar re #286 Notice of Hearing by Attorney (Leto, Matthew) |
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Filing 288
Discovery ORDER on Plaintiff's Efforts to Claw Back Documents. Signed by Magistrate Judge Jonathan Goodman on 3/16/2016. (mda)
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| Filing 287 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Notice of Authority (Davant, Charles) |
| Filing 286 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/1/2016 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
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Filing 285
ENDORSED ORDER granting #284 the Joint Motion to Continue Date of Hearing. The Undersigned is rescheduling the discovery hearing to April 1, 2016 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Defendants shall file the appropriate Notice of Hearing indicating the discovery issues to be considered at the hearing. Signed by Magistrate Judge Jonathan Goodman on 3/10/2016. (mda)
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| Filing 284 Joint MOTION to Continue Hearing Date by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 3/28/2016 (Attachments: #1 Affidavit Beeber Aff. in Support of Joint Motion To Continue Hearing)(Davant, Charles) |
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Filing 283
ENDORSED ORDER concerning #280 Defendants' Motion for Leave to File under Seal. Defendants filed a motion seeking leave to file under seal an unredacted version of an exhibit included in their memorandum of law. The Undersigned grants the request to file the exhibit under seal. However, the Court notes that Defendants' motion states that Defendants filed the motion "[a]t the Court's direction" and that "[o]n March 8, 2016, the Court directed Defendants to file under seal an unredacted version of that same exhibit." Defendants have incorrectly claimed that the Court directed them to file the instant motion when instead defense counsel had an informal conversation with the Undersigned's law clerk. Defense counsel contacted Chambers to inquire whether Defendants' previous submission of the unredacted version of the exhibit via email is sufficient or whether Defendants should file a motion to submit the unredacted version under seal. As was stated during the telephone conversation, requiring Chambers to search for an attachment to a previous email is unnecessarily burdensome on the Court. Further, counsel was told that if Defendants want the Court to consider an unredacted version of an exhibit they attached to its memorandum, then it should be a part of the official record. Thus, this informal conversation may have implicitly given notice that a motion to seal might be appropriate, but in no way did my law clerk require or direct the filing of such a motion. Speaking to my law clerks on the telephone is a courtesy. Some judges prohibit it. I permit it, but the conversations are not designed to be a method for counsel to obtain advice or to construe an informal comment as an order. Counsel are not permitted to seek advice. Any effort to seek legal advice or to incorrectly claim that a conversation constitutes a court order may lead in a case-specific rule banning all telephone calls to Chambers. Signed by Magistrate Judge Jonathan Goodman on 3/9/2016. (mda)
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Filing 282
ENDORSED ORDER scheduling a Discovery Hearing for March 11, 2016 at 01:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Defendants' shall, by March 10, 2016, file a Notice of Hearing specifying the discovery issues to be considered at the hearing. Signed by Magistrate Judge Jonathan Goodman on 3/8/2016. (mda)
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| Filing 280 MOTION to Seal Defendants' Motion for Leave To File Unredacted Exhibit Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| SYSTEM ENTRY - Docket Entry 281 [misc] restricted/sealed until further notice. (1004481) |
| Filing 279 MEMORANDUM of Law re #269 Order In Support of Finding Waiver of Privilege by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9)(Davant, Charles) |
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Filing 278
ENDORSED ORDER granting #250 Joint Motion for Leave to Exceed Page Limit in Daubert briefing. The parties may file a single, consolidated Daubert motion limited to 40 double-spaced pages, excluding signature block and certificate of service. Each party may also file a single response that is limited to 40 double-spaced pages, excluding signature block and certificate of service, and a reply that is limited to 15 double-spaced pages, excluding signature block and certificate of service. No further requests to enlarge the page limit shall be granted absent compelling circumstances bordering on an emergency. Signed by Magistrate Judge Jonathan Goodman on 3/7/2016. (mda)
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| Filing 277 MEMORANDUM of Law re #269 Order Regarding Clawed Back Documents by Companhia Energtica Potiguar. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G")(Leto, Matthew) |
| Filing 276 NOTICE by Companhia Energtica Potiguar re 274 Order,,,, Regarding Daubert Briefing (Leto, Matthew) |
| Filing 275 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Notice regarding Daubert Briefing (Davant, Charles) |
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Filing 274
ENDORSED ORDER re 272 Order on Motion for Leave to File Excess Pages,,,, #250 Joint MOTION for Leave to File Excess Pages Joint Motion for Leave to Exceed Page Limit in Summary Judgment and Daubert Briefing filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. In their motion for additional pages for Daubert briefing, the parties have not explained how many experts they anticipate will be challenged in the motion practice. U.S. District Judge Jose E. Martinez referred [ECF No. 272] that matter to me. In order to determine whether excess pages are warranted, and, if so, to what extent, the Undersigned needs to know how many experts the parties will be analyzing in the anticipated Daubert briefing. A 40-page motion concerning a challenge to only one expert will be evaluated differently than a an equally-long motion challenging three separate experts.Therefore, the parties shall clarify this point by filing a brief notice by March 7, 2016. The notice need not be more than one sentence. Signed by Magistrate Judge Jonathan Goodman on 3/4/2016. (JG)
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Filing 273
PAPERLESS ORDER REFERRING #250 JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMIT IN DAUBERT BRIEFING to Magistrate Judge Jonathan Goodman. Signed by Judge Jose E. Martinez on 3/4/2016. (rkn)
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Filing 272
PAPERLESS ORDER granting in part and denying in part #250 Motion for Leave to File Excess Pages. After careful consideration, due to the complex nature of this case, it is hereby ORDERED AND ADJUDGED THAT: Each side may file a single Motion for Summary Judgment, not to exceed thirty (30) pages in length; the accompanying Statement of Material Facts shall not exceed fifteen (15) pages; the Opposition to any Motion for Summary Judgment shall not exceed thirty (30) pages; the Counter-Statement of Material Facts accompanying any Opposition shall not exceed fifteen (15) pages; any Reply in Support of a Motion for Summary Judgment shall not exceed twelve (12) pages; and any response to additional Material Facts propounded by the non-movant accompanying the Reply shall not exceed five (5) pages in length. Finally, the parties' request to exceed the page limits in their respective Daubert briefing will be addressed by Magistrate Judge Goodman by separate order. Signed by Judge Jose E. Martinez on 3/4/2016. (rkn) Modified on 3/4/2016 (ch1).
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| Filing 271 FINAL MEDIATION REPORT by Brian F. Spector. Disposition: Case did not settle.(Spector, Brian) |
| Filing 270 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 2/24/2016. (Digital 15:09:03.) (mso) |
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Filing 269
Post-Discovery Hearing Administrative ORDER concerning hearing held on February 24, 2016. Signed by Magistrate Judge Jonathan Goodman on 2/24/2016. (mda)
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Filing 268
ORDER concerning the thirteen email chains filed under seal pursuant to the Court's request. Signed by Magistrate Judge Jonathan Goodman on 2/23/2016. (mda)
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Filing 267
ENDORSED ORDER denying as moot #264 Defendants' Request for Permission to Submit Documents to the Court, as Defendants have already submitted the documents to Chambers. Signed by Magistrate Judge Jonathan Goodman on 2/19/2016. (mda)
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| Filing 266 RESPONSE to Motion re #264 MOTION for Leave to File Documents to the Court filed by Companhia Energtica Potiguar. Replies due by 2/29/2016. (Leto, Matthew) |
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Filing 265
ENDORSED ORDER requiring Plaintiff to file a response to Defendants' Request for Permission to Submit Documents to the Court, limited to three double-spaced pages (excluding the signature block and certificate of service) by February 19, 2016. Plaintiff's response shall not be a substantive response to the underlying discovery disputes. Instead, the response shall target Defendants' underlying procedural motion seeking leave to submit additional documents to the Court. No reply absent further specific Court order. Signed by Magistrate Judge Jonathan Goodman on 2/16/2016. (mda)
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| Filing 264 MOTION for Leave to File Documents to the Court by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 263 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/24/2016 03:15 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
| Filing 262 TRANSCRIPT of discovery hearing held on 1-29-2016 before Magistrate Judge Jonathan Goodman, 1-37 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2016. Redacted Transcript Deadline set for 3/17/2016. Release of Transcript Restriction set for 5/16/2016. (dwh) |
| Filing 260 NOTICE by Companhia Energtica Potiguar re #244 Order (Attachments: #1 Exhibit Declaration of Sarah Park) (Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 261 [misc] restricted/sealed until further notice. (1018816) |
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Filing 259
ORDER Cancelling Deadline/Hearing. Signed by Judge Jose E. Martinez on 2/5/2016. (wh)
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Filing 258
ORDER granting in part #239 Emergency Motion/Certification of Emergency ; Affirming and Adopting Report and Recommendations re #252 . Previous Calendar Call and Trial Dates are hereby CANCELLED. Signed by Judge Jose E. Martinez on 2/5/2016. (wh)
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| Filing 257 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/24/2016 03:15 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) |
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Filing 256
ENDORSED ORDER granting #254 Defendants' Unopposed Motion for Clarification of Post-Hearing Administrative Order. The Court clarifies that, even though Defendants withdrew Defendants' Issue #3 from the Court's consideration at the discovery hearing, the parties have not resolved that issue. Signed by Magistrate Judge Jonathan Goodman on 2/4/2016. (mda) Modified text on 2/4/2016 (wc).
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| Filing 255 RESPONSE to Motion re #253 MOTION Requesting Pretrial Conference filed by Companhia Energtica Potiguar. Replies due by 2/16/2016. (Leto, Matthew) |
| Filing 254 MOTION for clarification #252 REPORT AND RECOMMENDATIONS re #241 Response in Opposition to Motion, filed by Companhia Energtica Potiguar, #245 Response/Reply (Other), filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 246 Order Motion to clarify Report and Recommendations by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/22/2016 (Davant, Charles) |
| Filing 253 MOTION Requesting Pretrial Conference by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
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Filing 252
Post-Hearing Administrative ORDER and REPORT AND RECOMMENDATIONS on Defendants' Emergency Motion. Signed by Magistrate Judge Jonathan Goodman on 2/1/2016. (mda)
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| Filing 251 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Status Conference re Motion Hearings held on 1/29/2016. (Digital 14:26:21.) (mso) |
| Filing 250 Joint MOTION for Leave to File Excess Pages Joint Motion for Leave to Exceed Page Limit in Summary Judgment and Daubert Briefing by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Davant, Charles) |
| Filing 249 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/29/2016 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
| Filing 248 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #239 Defendant's EMERGENCY MOTION with Certification of Emergency attached Motion for Short Continuance of Pretrial Deadlines and Trial Date Notice of Filing of Exhibits (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 22, #13 Exhibit 23, #14 Exhibit 24, #15 Exhibit 25, #16 Exhibit 26, #17 Exhibit 27, #18 Exhibit 28) (Davant, Charles) |
| Filing 247 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #239 Defendant's EMERGENCY MOTION with Certification of Emergency attached Motion for Short Continuance of Pretrial Deadlines and Trial Date Notice of Filing of Exhibits (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) (Davant, Charles) |
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Filing 246
ENDORSED ORDER concerning Defendants' Opposed Emergency Motion for a Short Continuance of Pretrial Deadlines and Trial Date. Defendants' motion makes repeated references to exhibits which are not attached and were not submitted to the Court as background material for the hearing. Therefore, they are unavailable for the Court to review. For example, Defendants identify their First Set of Requests for Production as "Ex. 1" (on page 5 of their motion) and also refer to Exhibits 2, 7, 8, 4, and 28 (on page 6 of their motion), but they do not refer, on those pages or any earlier page, to any of the intervening exhibits such as Exhibits 3, 5, 6, and 9 - 27. Defendants shall file all exhibits mentioned in their emergency motion by 5:00 PM today, 1/28/2016, so that the Court may review them before tomorrow's hearing. Defendants shall also hand deliver a courtesy copy of all exhibits referenced in their emergency motion by 10:00 AM tomorrow, 1/29/2016. Signed by Magistrate Judge Jonathan Goodman on 1/28/2016. (mda)
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| Filing 245 RESPONSE/REPLY to #241 Response in Opposition to Motion, Reply in Support of Emergency Motion for Short Continuance of Pretrial Deadlines and Trial Date by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Davant, Charles) |
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Filing 244
ORDER concerning discovery issues considered at the hearing held on December 18, 2016. Signed by Magistrate Judge Jonathan Goodman on 1/27/2016. (mda)
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Filing 243
ENDORSED ORDER changing the start time from 3:30 PM to 2:30 PM for the discovery hearing schedule for 1/29/2016. Additionally, the Undersigned is scheduling a hearing on Defendants' Opposed Emergency Motion for a Short Continuance of Pretrial Deadlines and Trial Date also for 1/29/2016 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall adhere to the deadlines imposed by United States District Judge Jose E. Martinez's Order. [ECF No. 240]. The reply shall be filed by 1/28/2016 at 11:00 AM. Signed by Magistrate Judge Jonathan Goodman on 1/27/2016. (mda)
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Filing 242
PAPERLESS ORDER REFERRING #239 Emergency Motion to Magistrate Judge Goodman for a Report and Recommendations on the merits of the arguments proffered in support of the emergency motion and those arguments submitted in opposition. Magistrate Judge Goodman shall also recommend whether a trial continuance is warranted and, if so, for what reasons and for what duration. Signed by Judge Jose E. Martinez on 1/27/2016. (rkn)
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| Filing 241 RESPONSE in Opposition re #239 Defendant's EMERGENCY MOTION with Certification of Emergency attached Motion for Short Continuance of Pretrial Deadlines and Trial Date filed by Companhia Energtica Potiguar. Replies due by 2/8/2016. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Leto, Matthew) |
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Filing 240
ENDORSED ORDER requiring an EXPEDITED RESPONSE to #239 Defendants' filing entitled "EMERGENCY OPPOSED MOTION FOR A SHORT CONTINUANCE OF PRETRIAL DEADLINES AND TRIAL DATE." Plaintiff shall respond to #239 on or before 1/27/16 at 5:00 PM. Defendants shall file any reply on or before 1/28/16 at 11:00 AM. The parties are reminded to adhere to the page and spacing limitations designated in the Local Rules. Signed by Judge Jose E. Martinez on 1/26/2016. (rkn)
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| Filing 239 Defendant's EMERGENCY MOTION with Certification of Emergency attached Motion for Short Continuance of Pretrial Deadlines and Trial Date by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/11/2016 (Attachments: #1 Certificate of Emergency, #2 Text of Proposed Order Proposed Order, #3 Declaration in Support, #4 Certificate of Service)(Davant, Charles) |
| Filing 238 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/29/2016 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
| Filing 237 NOTICE by Companhia Energtica Potiguar re #208 Order on Motion to Continue,, Parties' Joint Notice of Filing Selection of Mediator (Attachments: #1 Exhibit Proposed Order) (Leto, Matthew) |
| Filing 236 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #235 Notice of Hearing by Attorney Notice of Authorities (Davant, Charles) |
| Filing 235 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/29/2016 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
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Filing 234
ORDER granting #233 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) PAUL E. POIROT. Signed by Judge Jose E. Martinez on 1/20/2016. (lrz)
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| Filing 233 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul E. Poirot. Filing Fee $ 75.00. Receipt # 113C-8409216 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/5/2016 (Cook, Kimberly) |
| Filing 232 RESPONSE/REPLY to #231 Memorandum by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 231 MEMORANDUM in Support re #226 Order, #228 Order on Motion for Extension of Time of Plaintiff's Assertion of Privilege in its Second and Fourth Privilege Logs by Companhia Energtica Potiguar. (Leto, Matthew) |
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Filing 230
PAPERLESS ORDER granting #229 Motion for Extension of Time ONLY to the extent that Defendants shall be permitted to take the depositions of Ole Haaland and Otoniel Santos on or before January 31, 2016. This order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 1/11/2016. (rkn)
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| Filing 229 Joint MOTION for Extension of Time to complete depositions of Ole Haaland and Otoniel Santos by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 1/28/2016 (Davant, Charles) |
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Filing 228
ORDER granting #227 Joint Motion for Extension of Time. Signed by Magistrate Judge Jonathan Goodman on 1/8/2016. (mda)
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| Filing 227 Joint MOTION for Extension of Time to File Memoranda of Law Pursuant to ECF 226 and to Advise Plaintiff of Distribution Information Pursuant to ECF 217 re #226 Order, #217 Order by Companhia Energtica Potiguar. Responses due by 1/25/2016 (Attachments: #1 Exhibit Proposed Order)(Leto, Matthew) |
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Filing 226
ORDER requiring factual clarification. Signed by Magistrate Judge Jonathan Goodman on 1/6/2016. (mda)
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| Filing 225 TRANSCRIPT of Telephonic Miscellaneous Hearing (Transcribed from the Digital Audio Recording) held on December 22, 2015, before Magistrate Judge Jonathan Goodman, 1-6 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 18:33:34.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/1/2016. (le) |
| Filing 224 TRANSCRIPT of Discovery Hearing (Transcribed from the Digital Audio Recording) held on December 18, 2015, before Magistrate Judge Jonathan Goodman, 1-189 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 14:30:33.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/1/2016. (le) |
| Filing 223 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Notice of Trial Conflict (Cook, Kimberly) |
| Filing 222 NOTICE by Companhia Energtica Potiguar re #217 Order Of Filing Redacted Exhibits (Attachments: #1 Exhibit Declaration of Sarah Park attaching redacted Exhibits Pursuant to Court Order) (Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 221 [misc] restricted/sealed until further notice. (1018816) |
| Set Deadlines Per DE#219 Miscellaneous Deadline 1/8/2016. (cqs) |
| Filing 220 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Miscellaneous Hearing held on 12/22/2015. Sarah S. Park for the Plaintiff. Maria R. Coor for the Defendants. (Digital 18:33:34 - 18:38:40.) (wc) |
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Filing 219
ENDORSED ORDER concerning the telephone hearing held on December 22, 2015. The parties informed the Undersigned that they have resolved Plaintiff's Issue #2 and it is no longer necessary to appoint a special master concerning that issue. Additionally, the Undersigned grants Defendants' unopposed ore tenus request to extend the deadline for providing Plaintiff the affidavit or declaration concerning the four employee-experts. Defendants shall have until January 8, 2016 to provide the affidavit or declaration. Signed by Magistrate Judge Jonathan Goodman on 12/22/2015. (mda)
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Filing 218
ORDER scheduling a Telephonic Hearing concerning the appointment of a special master for 12/22/2015 at 06:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 12/21/2015. (mda)
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Filing 217
Post-Discovery Hearing Administrative ORDER concerning hearing held on December 18, 2015. Signed by Magistrate Judge Jonathan Goodman on 12/21/2015. (mda)
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| Filing 216 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 12/18/2015. (Digital 14:30:33.) (mso) |
| Filing 215 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/18/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
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Filing 214
ENDORSED ORDER granting #212 Defendants' Request for Permission to Submit Documents to the Court. The Undersigned received the documents in the e-file inbox. Defendants shall bring three legible copies (one for the Undersigned, one for the law clerk assigned to the case, and one for Plaintiff's counsel) of their supporting document for Plaintiff's Issue #2 entitled "C2 - Davant Email Attachment - CAT878501 (Corrected Version)" to the discovery hearing scheduled for 12/18/2015. Signed by Magistrate Judge Jonathan Goodman on 12/17/2015. (mda)
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| Filing 213 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #210 Notice of Hearing by Attorney, #211 Notice of Hearing by Attorney - Notice of Authorities (Davant, Charles) |
| Filing 212 MOTION for Leave to File Documents to the Court by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 211 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/18/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
| Filing 210 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/18/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) |
| Filing 209 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/18/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
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Filing 208
ORDER granting in part #207 Motion to Continue Pretrial Deadlines and Trial Date. Discovery due by 1/29/2016. Expert Discovery due by 1/29/2016. Mediation Deadline 3/9/2016. Dispositive Motions due by 2/8/2016. In Limine Motions due by 3/21/2016. Motions due by 3/21/2016. Pretrial Stipulation due by 3/29/2016. Calendar Call set for 4/14/2016 01:30 PM in Miami Division before Judge Jose E. Martinez. Trial set for 4/18/2016 in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 11/30/2015. (lh)
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| Filing 207 Joint MOTION to Continue Pretrial Deadlines and Trial Date re #177 Order on Motion to Continue, Order on Motion to Strike,,,, by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/11/2015 (Attachments: #1 Declaration of Patrick J. Boyle, Esq., #2 Declaration of Shawnna M. Yashar, #3 Text of Proposed Order)(Davant, Charles) |
| Filing 206 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #201 Order (Davant, Charles) |
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Filing 205
ORDER on Defendants' Common Interest Privilege Claim. Signed by Magistrate Judge Jonathan Goodman on 11/5/2015. (mda)
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Filing 204
Post-Discovery Hearing Administrative ORDER concerning the telephonic discovery hearing held on November 3, 2015. Signed by Magistrate Judge Jonathan Goodman on 11/4/2015. (mda)
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| Filing 203 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Discovery Hearing held on 11/3/2015. (Digital 14:15:31.) (dgj) |
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Filing 202
ENDORSED ORDER regarding improper designations of memoranda as motions. In a #185 post-hearing discovery Order, the Undersigned directed Defendants to file a memorandum if they concluded, after reconsideration of the January 2015 emails, that certain emails are covered by the shared interest privilege. Defendants correctly filed their #191 memorandum of law. Plaintiff then filed its #198 memorandum of law in opposition, which they correctly titled as a memorandum of law. But the person who did the actual filing on CM/ECF incorrectly designated the memorandum as a "motion," which causes the system to place a gavel on the Court's internal docket sheet. A gavel on the docket sheet indicates that a motion has been filed and needs to be ruled upon. The Undersigned notes that this is not the first time the parties here have incorrectly classified a memorandum as a motion when filing a submission on CM/ECF. The Undersigned's law clerk has now arranged to remove the gavel (because no motion has been filed), but the parties are urged to make sure that they (or the persons to whom they delegate the task of actually filing a submission on CM/ECF) use the correct tool to accurately label the submission. Signed by Magistrate Judge Jonathan Goodman on 11/3/2015. (mda)
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Filing 201
Post-Discovery Hearing Administrative ORDER for discovery hearing held on October 30, 2015. Signed by Magistrate Judge Jonathan Goodman on 11/2/2015. (mda)
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| Filing 200 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 10/30/2015. (Digital 19:05:28.) (dgj) |
| SYSTEM ENTRY - Docket Entry 199 [misc] restricted/sealed until further notice. (nc) |
| Filing 198 Plaintiff's MOTION Opposition to Defendants' Assertion of Common Interest Privilege over Post-2014 Communications with Sotreq S/A re #185 Order by Companhia Energtica Potiguar. (Leto, Matthew) |
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Filing 197
ENDORSED ORDER granting #196 Defendants' Request for Permission to Submit Documents to the Court. The Court notes that Defendants have already sent to the Undersigned's e-file inbox the unredacted versions of the documents at issue. However, in order to ensure the existence of a proper record, Defendants shall file the unredacted, purported privileged documents with the Court on CM/ECF under seal. Signed by Magistrate Judge Jonathan Goodman on 10/29/2015. (mda)
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| Filing 196 MOTION for Leave to File Documents to the Court by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
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Filing 195
ORDER granting #188 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 10/27/2015. (lh)
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Filing 194
ENDORSED ORDER concerning #190 Plaintiff's Notice of Hearing scheduling a telephonic discovery hearing for October 30, 2015 at 6:30 PM. The parties shall use the following call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 6/15/2015. Signed by Magistrate Judge Jonathan Goodman on 10/26/2015. (mda)
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| Filing 193 Clerk's Notice of Filing Deficiency Re: 192 Sealed Document. Document(s) missing required original signature(s) (Fed.R.Civ.P. 11(a)). (nc) |
| Filing 191 MEMORANDUM of Law In Support of Finding That The Common Interest Privilege Applies to Portions of Two January 2015 Email Chains by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 190 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/30/2015 06:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 192 [misc] restricted/sealed until further notice. (nc) |
| Filing 189 TRANSCRIPT of Discovery Hearing held on 10/16/2015 before Magistrate Judge Jonathan Goodman, 1-90 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/25/2016. (sf) |
| Filing 188 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin M. Bovard. Filing Fee $ 75.00. Receipt # 110309. (ksa) |
| Filing 187 TRANSCRIPT of Discovery Hearing held on 10/15/2015 before Magistrate Judge Jonathan Goodman, 1-135 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting 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 1/22/2016. (sf) |
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Filing 186
Post-Discovery Hearing Administrative ORDER concerning discovery hearing held October 16, 2015. Signed by Magistrate Judge Jonathan Goodman on 10/19/2015. (mda)
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Filing 185
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER concerning hearing held on October 15, 2015. Signed by Magistrate Judge Jonathan Goodman on 10/16/2015. (mda)
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| Filing 184 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 10/16/2015 and Miscellaneous Hearing held on 10/16/2015. (Digital 14:31:18.) (mso) |
| Filing 183 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 10/15/2015. (Digital 15:31:16.) (mso) |
| Filing 182 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/15/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. Miscellaneous Hearing set for 10/16/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) |
| Filing 181 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/15/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. Miscellaneous Hearing set for 10/16/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) |
| Set/Reset Hearings: Discovery Hearings set for 10/15/2015 at 03:30 PM and 10/16/2015 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. (mda) |
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Filing 180
ENDORSED ORDER setting an additional Discovery Hearing for 10/15/2015 at 03:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The Court had already set aside two hours for the discovery hearing scheduled for October 16, 2015 at 2:30 PM, which is substantially more time than the Court typically allocates for the discovery calendar. However, the Court today received Defendants' Notice of Hearing, purporting to add myriad discovery disputes to the October 16, 2015 discovery calendar. Although two hours should be ample time for most parties to adequately address discovery disputes in most cases, it is now clear from the number and scope of listed discovery disputes that the Court will not be able to adequately address the discovery issues in the two-hour hearing scheduled for October 16, 2015. Therefore, the Court is adding a hearing date and is setting aside an additional two hours beginning at 3:30 PM. Four hours (over two consecutive days) surely should be sufficient to address these discovery disputes.As always, the Undersigned urges the parties to continue their efforts to resolve or streamline the listed discovery disputes before the scheduled hearings. And, as a reminder, Ruler 37's fee-shifting provisions are always a possibility (even though they were not awarded previously -- and that decision was a close one). Signed by Magistrate Judge Jonathan Goodman on 10/8/2015. (mda)
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| Filing 179 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/16/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) |
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Filing 178
PAPERLESS ORDER denying as moot #67 Motion to Compel. See D.E. #94 . Signed by Judge Jose E. Martinez on 10/1/2015. (rkn)
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| Pursuant to Plaintiff's Notice of Hearing, the Discovery Hearing is set for 10/16/2015 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. (mda) |
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Filing 177
ORDER Granting in part #170 Emergency Motion to Continue Deadline for Disclosure of Opending Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Conference; denying #173 Motion to Strike ( Discovery due by 12/22/2015., Expert Discovery due by 12/22/2015., Mediation Deadline 2/8/2016., Dispositive Motions due by 1/11/2016., In Limine Motions due by 2/22/2016., Motions due by 2/22/2016., Pretrial Stipulation due by 3/1/2016., Calendar Call set for 3/17/2016 01:30 PM in Miami Division before Judge Jose E. Martinez., Jury Trial set for 3/21/2016 in Miami Division before Judge Jose E. Martinez.). Signed by Judge Jose E. Martinez on 9/18/2015. (asl)
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| Filing 176 RESPONSE in Opposition re #173 Plaintiff's MOTION to Strike #170 MOTION to Continue Emergency Motion to Continue Deadline for Disclosure of Opening Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Con filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 9/28/2015. (Attachments: #1 Service list)(Davant, Charles) |
| Filing 175 NOTICE by Companhia Energtica Potiguar Discovery Hearing (Leto, Matthew) |
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Filing 174
ENDORSED ORDER regarding the remaining discovery issues from #133 Notice of Discovery Hearing. For Plaintiff's Requests for Production 8, 9, and 10, Defendants' #157 response indicates that they have fully complied or that they will fully comply by October 13, 2015. So, there is no longer a dispute. Concerning Plaintiff's request for Production 13, the Undersigned does not find Defendants' response adequate. The mere fact that Defendants do not "own" certain data on any website, blog, or other media does not necessarily mean that they have no such materials to produce. It might mean that, but it might not. For example, Defendants may have downloaded or saved data posted on websites or blogs hosted or owned by others. If so, and if the data concerns CAT C32 diesel generator sets and/or CAT 32 Diesel Engines, then Defendants possess responsive materials and must produce the documents and ESI by September 22, 2015. If, on the other hand, Defendants have no such information (e.g., no officer, manager, director, or employee downloaded such information, saved the information, or had a third party, such as a customer or prospective customer, forward information from a website, blog or other media), then they shall advise Plaintiff of this in writing by September 22, 2015. Signed by Magistrate Judge Jonathan Goodman on 9/15/2015. (mda)
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| Filing 173 Plaintiff's MOTION to Strike #170 MOTION to Continue Emergency Motion to Continue Deadline for Disclosure of Opening Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Conference for Failure to Meet and Confer, or in the Alternative, For a Hearing as to Any Emergency Relief by Companhia Energtica Potiguar. Responses due by 10/2/2015 (Attachments: #1 Exhibit 1- Declaration of Sarah Park, #2 Exhibit 2 - Proposed Order)(Leto, Matthew) |
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Filing 172
ENDORSED ORDER re #149 Memorandum Regarding Plaintiff's Request For Attorneys' Fees Pursuant to Discovery Order ECF 138 re 138 Order,,,,,,,,,,,,,,, filed by Companhia Energtica Potiguar. This order denies Plaintiff's request for attorney's fees concerning a discovery dispute. Although Plaintiff prevailed on the discovery dispute and although Defendants' discovery positions might be deemed problematic, the factual record is still murky. The Undersigned's efforts to obtain greater clarity has not sufficiently resolved the ambiguities to a point where the Undersigned is comfortable with concluding that Defendants' discovery position was not substantially justified. The discovery dispute arose from defense counsel's assumption that Defendants could review ESI for relevance before producing non-privileged ESI to Plaintiff -- even though the written agreement did not give Defendants that option. The dispute became more confusing because the agreement for Defendants to produce responsive documents contained several different deadlines, depending on the custodians from whom the ESI was being obtained. And the discovery battle generated additional fuzziness because defense counsel was not always clear on which category of documents her comments and representations concerned.In defense counsel's mind, her discovery positions were substantially justified, but the difficulty with this is that the procedural history is sometimes vague and not always fully supportive of her assumption. Because the Undersigned has considerable discretion in discovery issues, I will adopt a flexible attitude and accept at face value defense counsel's explanations. Nevertheless, the Undersigned is advising all parties and their counsel that they will not be able to rely on confusion and ambiguity to avoid a fees award if they are on the losing side of future discovery rulings. Counsel need to adhere to the lyrics of The Moody Blues song Say What You Mean: "Say what you mean, mean what you say, Think about the words you're using." Released on the 1991 Keys of the Kingdom album (Polydor Records), the song provides advice which, if followed by defense counsel, would likely have obviated the discovery dispute (because Plaintiff and the Court would have understood far more clearly the Defendants' discovery positions).Although the Court is not finding Defendants' discovery position to be not substantially justified, I am likewise not concluding that their position was substantially justified. At a minimum, however, I am pointing out that Defendants' explanations and representations, including some made to the Court, were unclear and based on assumptions which were not always fully documented in emails, letters and other communications between counsel and/or with the Court. So Defendants and their counsel might be relieved that they are not now responsible for attorney's fees as a result of losing a discovery dispute, but they should not take any additional comfort in the result, as the Court is hardly holding up their discovery responses as an example of how to timely, adequately and clearly respond to discovery disputes and discovery rulings in federal court. The Undersigned is unlikely to adopt a similar flexible attitude toward any party in connection with future discovery disputes. The parties should clearly and completely articulate their discovery positions to each other and especially to the Court. Failure to follow this approach will likely result in unfortunate results.Signed by Magistrate Judge Jonathan Goodman on 9/15/2015. (JG)
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| Filing 171 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #170 MOTION to Continue Emergency Motion to Continue Deadline for Disclosure of Opening Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Conference (Davant, Charles) |
| Filing 170 MOTION to Continue Emergency Motion to Continue Deadline for Disclosure of Opening Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Conference by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 10/2/2015 (Attachments: #1 Declaration of Shawnna M. Yashar, #2 Exhibit Yashar Decl. Ex. A, #3 Exhibit Yashar Decl. Ex. B, #4 Exhibit Yashar Decl. Ex. C, #5 Exhibit Yashar Decl. Ex. D, #6 Certification Certification of Emergency, #7 Text of Proposed Order, #8 Text of Proposed Order, #9 Service List)(Davant, Charles) |
| Filing 169 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #168 Notice (Other), 166 Endorsed Order,,,,,,,,,,,,,,,,,,,,,,,,, Defendants' Rebuttal Notice Pursuant to Court Order (Davant, Charles) |
| Filing 168 NOTICE by Companhia Energtica Potiguar re 167 Order,, (Leto, Matthew) |
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Filing 167
ENDORSED ORDER re 166 Order requiring clarification regarding Plaintiff's attorney's fees request.In addition to its other obligations pursuant to yesterday's clarification order [ECF No. 166], Plaintiff shall also by September 10, 2015 file a copy of defense counsel's June 10, 2015 email. Plaintiff mentions this email on page 2 of its memorandum [ECF No. 149] filed in support of its fees request. Plaintiff shall attach a copy of this email as an exhibit to the Notice it must file by tomorrow. Signed by Magistrate Judge Jonathan Goodman on 9/9/2015. (JG)
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Filing 166
ENDORSED ORDER re #149 MOTION Memorandum Regarding Plaintiff'S Request For Attorneys' Fees Pursuant to Discovery Order ECF 138 re 138 Order, filed by Companhia Energtica Potiguar. This order seeks clarification of facts at issue in Plaintiff's request for attorney's fees [ECF No. 149] as the party prevailing on a discovery dispute --and Defendants' opposition to the fees request.Based on my review of the memoranda, it seems that the parties are discussing two different issues. Specifically, Plaintiff's repeated references to the June 23, 2015 discovery hearing transcript [ECF No. 127] concern defense counsel's representations concerning the 690 documents which Defendants removed (as non-responsive and irrelevant) from the results of the ESI search of certain records custodians. But Plaintiff's argument about Defendants' later production of documents does not precisely say whether the relevant documents produced after the hearing are in fact from the 690 documents discussed at length during the hearing or whether they are different documents.At my direction, Plaintiff submitted examples of later-produced documents which it contends are in fact relevant, but it did not explain if these documents are in fact from the 690 referenced at the hearing. In order to clear up this factual ambiguity, Plaintiff shall by September 10, 2015 file a two-page notice, explaining whether none, some or all of the exhibits it filed under seal as examples of relevant documents which Defendants withheld are part of the 690 discussed in detail at the June 23, 2015 discovery hearing. If the answer is that some of the documents are included, then Plaintiff shall, on a document-by-document basis, by referencing the exhibit number of the sealed submission of these exhibits, pinpoint which exhibits are part of the 690 for which defense counsel made repeated representations at the June 23, 2015 discovery hearing.If none or some of the sealed exhibits are part of the 690 discussed at the hearing, then Plaintiff may by the same deadline file replacement exhibits, substituting relevant documents produced after the June 23, 2015 hearing (and part of the 690 discussed at that hearing). Thus, if five of the previously-filed exhibits are not part of the 690, then Plaintiff may file five (but no more than that) substitute exhibits. If the documents need to be filed under seal, then Plaintiff shall file them under seal, similar to the protocol it followed for the earlier-filed illustrations of relevant documents that Plaintiff contends were improperly withheld.If Defendants disagree about any of the points raised by Plaintiff in the to-be-filed notice required by this Order, then they may by September 14, 2015 file a rebuttal notice.This Order provides for only the submission of notices (and, if appropriate, substitute exhibits). It does not permit argument and it prohibits any further briefing on the attorney's fees issue. Signed by Magistrate Judge Jonathan Goodman on 9/8/2015. (JG) (JG)
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| Filing 165 NOTICE by Companhia Energtica Potiguar re 151 Order on Motion to Seal,, Notice of Filing Redacted Billing Entries (Attachments: #1 Exhibit "A" - Invoices) (Leto, Matthew) |
| Filing 164 Notice of Adoption by Companhia Energtica Potiguar Related document: 153 Order,,,,,,,,,,, (Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 163 [misc] restricted/sealed until further notice. (nc) |
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Filing 160
ENDORSED ORDER granting #158 Defendants' agreed motion to file confidential documents under seal. Signed by Magistrate Judge Jonathan Goodman on 8/28/2015. (mda)
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| Filing 159 RESPONSE in Opposition re #149 MOTION Memorandum Regarding Plaintiff's Request For Attorneys' Fees Pursuant to Discovery Order ECF 138 re 138 Order,,,,,,,,,,,,,,, Defendants' Response in Opposition to Plaintiff's Memorandum Regarding Request for Attorney's Fees filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 9/8/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Davant, Charles) |
| Filing 158 Agreed MOTION for Leave to File Confidential Caterpillar Documents Under Seal by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) |
| Filing 162 Clerks Notice to Filer re #157 MOTION for Discovery Defendants' Memorandum Regarding Request for Production 8, 9, 10 and 13 Pursuant to Court Order (ECF No. 155). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#161]. It is not necessary to refile this document. (lh) |
| Filing 161 NOTICE of Filing Discovery: Memorandum regarding Request for Production by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co..(lh)see DE#157 for image |
| Filing 157 MOTION for Discovery Defendants' Memorandum Regarding Request for Production 8, 9, 10 and 13 Pursuant to Court Order (ECF No. 155) by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 9/14/2015 (Davant, Charles) |
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Filing 156
ORDER on discovery dispute concerning experts' notes. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (mda)
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Filing 155
ENDORSED ORDER re #148 MOTION Memorandum Regarding Discovery Disputes Pursuant to Discovery Order ECF #136 re 136 Order,,,,,,,,, filed by Companhia Energtica Potiguar.In its post-hearing memorandum on remaining discovery issues, Plaintiff CEP listed the second issue it listed on the discovery hearing notice. CEP's memorandum contained a relatively brief (approximately a page and a half) discussion of its efforts to obtain confirmation that Defendants in fact fully complied with Requests 8, 9, 10 and 13. Defendants' post-hearng brief did not address this issue.Accordingly, Defendants shall by August 27, 2015 file a double-spaced memorandum of no more than two pages on this issue. No further responses or replies on this point are permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (JG)
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Filing 154
ENDORSED ORDER re #150 MOTION Discovery Memorandum Pursuant to Court Order (ECF No. 136) re 136 Order,,,,,,,,, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. After a recent, lengthy discovery hearing, the Court directed the parties to submit memoranda on the discovery issues which could not be addressed at the hearing because the Court ran out of time (after approximately two and a half hours). The discovery issues remaining were the ones which Defendants scheduled for hearing. Both Plaintiff and Defendants have filed their post-hearing memoranda. [ECF Nos. 148, 150]. This Order concerns disputes over Defendants' Second Request for Production.The Undersigned will not require Plaintiff CEP to provide the Bates numbers of certain documents it previously produced in response to myriad document requests. As CEP noted, Defendants propounded 343 categories of document requests to Plaintiff, and it would be unreasonable to require CEP to provide further detail. CEP already provided a detailed production log. Given that CEP does not organize its records in the ordinary course of business by the categories of Defendants' document requests, it would be unfair and unduly burdensome to require CEP to also provide Bates numbers to correspond to this huge number of document requests.On the other hand, the Caterpillar Defendants do raise a good point about CEP's vague responses to many document requests -- that documents will be produced "to the extent they exist." Defendants are entitled to know whether CEP does, in fact, have documents in response to a specific document request. The comment that documents will be produced "to the extent they exist" is insufficient and vague, and CEP shall provide specific responses by September 8, 2015 for those responses which include the "if they exist" response. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (JG)
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Filing 153
ENDORSED ORDER on discovery dispute concerning Plaintiff's corporate representative.Before Defendants issued a Rule 30(b)(6) notice, they took the deposition of Fernando Magalhaes as a fact witness. When Defendants later asked Plaintiff to produce a 30(b)(6) designee (or designees) on certain topics, Plaintiff advised that it would be formally adopting Mr. Magalhaes' deposition testimony as the testimony which would bind the corporation. Defendants do not object to the adoption procedure, but they contend that Mr. Magalhaes was not adequately prepared to provide adequate information on all the topics noticed. Plaintiff contends that there was only "one technical aspect of a question" which Mr. Magalhaes was unable to answer, and notes that it is willing to produce another 30(b)(6) witness on this one specific topic.On the other hand, Defendant points to several topics on which Mr. Magalhaes was allegedly unable to answer vital questions, and it says that he "consistently claimed a lack of knowledge" or "deferred to 'technical people.'"The Undersigned is not going to review an entire deposition transcript in an effort to determine whether Mr. Magalhaes was unable to provide binding answers on only one topic or whether his inadequacy as a 30(b)(6) witness extended to other topics. The parties should know whether he provided sufficient answers to other topics or not. The transcript is the transcript.Therefore, the Court permits Plaintiff to designate Mr. Magalhaes as its 30(b)(6) witnesses on topics for which he was adequately prepared. Plaintiff shall file a formal, written notice, advising of its position of adopting the testimony, and listing the specific topics on which he is binding the corporation.But Defendants have the right to take another 30(b)(6) deposition on the one "technical aspect" of a topic -- as well as other listed topics on which Mr. Magalhaes could not properly serve as a knowledgeable 30(b)(6) witness. If the parties cannot agree on the topics which are appropriate for another 30(b)(6) deposition, then they may notify the Court and schedule a discovery calendar hearing. Because the Undersigned views this dispute as unnecessary --i.e., Mr. Magalhaes either provided sufficient answers on certain topics or he was inadequately prepared or lacked sufficient knowledge -- it is highly likely that a fees award against both the losing party and its counsel will be awarded. Plaintiff need not advise Defendants in advance about the identity of the 30(b)(6) designee (or designees), though it may certainly do so as a courtesy. If it does, however, then it will not be required to produce that designee, as circumstances sometimes arise which may cause a party to select another designee. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (JG)
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Filing 152
ENDORSED ORDER concerning discovery dispute about the number of depositions. Federal Rule of Civil Procedure 30(a)(2)(A)(i) limits parties to ten (10) depositions unless they consent to more or unless leave of Court is provided. The parties here cannot agree on the circumstances surrounding Defendants' request to take depositions from more than 10 of Plaintiff's employees. Plaintiff agrees to provide more than 10 -- if Defendants pay the travel and lodging expenses for any witnesses it produces for deposition beyond the 10 provided for in Rule 30. The Court will give Defendants the ability to take the depositions of all of the 15 employees who Plaintiff represented it would make available, but they must pay the expenses for employee witnesses 11 through 15. This discovery ruling is not a one-way street, however. Instead, it is reciprocal. Plaintiff may take the depositions of up to 15 Caterpillar employees, but it must pay the expenses for employee witnesses 11 through 15. If either party seeks to take more than 15 depositions, regardless of whether of an employee, a former employee or a non-employee, then that party shall first consult with opposing counsel to determine if an agreement can be reached. If not, then the Court will address the dispute at a discovery calendar hearing. The Court would be very surprised (and disappointed) if this type of basic, garden-variety dispute (if it occurs) could not be resolved among professional attorneys. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (JG)
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Filing 151
ENDORSED ORDER granting in part and denying in part #147 Plaintiff's Unopposed Motion to Seal Exhibits to Declaration of Jessie F. Beeber. Other than its counsel's billing records, Plaintiff shall file all exhibits attached to Beeber's declaration under seal. The billing records, however, may not be filed under seal and they shall be publicly filed. If Plaintiff contends that some of the descriptions of the legal tasks reveal attorney-client information or information protected by the work product doctrine, then it may file redacted copies of the billing records, with only the privileged information redacted. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (mda)
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| Filing 150 MOTION Discovery Memorandum Pursuant to Court Order (ECF No. 136) re 136 Order,,,,,,,,, by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Davant, Charles) |
| Filing 149 MOTION Memorandum Regarding Plaintiff's Request For Attorneys' Fees Pursuant to Discovery Order ECF 138 re 138 Order,,,,,,,,,,,,,,, by Companhia Energtica Potiguar. (Attachments: #1 Exhibit Declaration of Jessie F. Beeber)(Hall, Andrew) |
| Filing 148 MOTION Memorandum Regarding Discovery Disputes Pursuant to Discovery Order ECF #136 re 136 Order,,,,,,,,, by Companhia Energtica Potiguar. (Attachments: #1 Exhibit Declaration of Patrick J. Boyle)(Hall, Andrew) |
| Filing 147 UNOPPOSED MOTION to Seal Exhibits to Declaration of Jessie F. Beeber by Companhia Energetica Potiguar (nc) (Additional attachment(s) added on 8/24/2015: #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) (nc). |
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Filing 146
ORDER granting #142 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh)
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Filing 145
ORDER granting #141 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh)
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Filing 144
ORDER granting #140 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh)
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Filing 143
ORDER granting #139 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh)
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Filing 138
ENDORSED ORDER re #132 Notice of Hearing by Attorney filed by Companhia Energtica Potiguar.In its notice [ECF No. 132] for the August 14, 2015 hearing, Plaintiff listed its attorney's fees request (of approximately $25,000) from Defendants as the second issue. Plaintiff seeks the fees because it says it was unnecessarily forced to litigate its ability to obtain emails that Defendants initially withheld from production on the basis of alleged non-responsiveness. Plaintiff orally renewed its fees request at the August 14, 2015 hearing. Defendants objected, arguing that the emails were not actually withheld -- they were simply "set aside" for further review and later produced after the review was complete. The Court reserved ruling, explaining that additional analysis (on my part) was necessary. In order to obtain a firmer grasp on the critical facts, the Undersigned now requires additional (albeit modest) briefing. Plaintiff shall by August 21, 2015 submit a memorandum of no more than three pages, excluding the signature block and certificate of service, providing a specific and detailed explanation of the emails which it claims were improperly withheld and pinpointing the pages from the earlier discovery hearing transcript where defense counsel made representations about the emails (or failed to provide an explanation that materials had been set aside for further review)and succinctly explaining why Defendants' position was not substantially justified. Plaintiff shall also attach the 10 best illustrations of emails which it claims were not timely produced because of non-responsiveness but which later were revealed to be particularly relevant and responsive. Defendants shall file a seven-page response by August 27, 2015. No further briefing is permitted absent further Court order. The Court understands the fees request to not involve the issue of whether documents concerning the engines in other applications were subject to discovery, as that dispute involved a bona fide dispute and required the submission of expert affidavits to assist the Undersigned in determining whether the other applications for the engines were within the permissible scope of discovery. Plaintiff shall also attach as exhibits the relevant billing records to confirm the time for which it seeks fees, along with an appropriate affidavit, a schedule of hourly billing rates and the backgrounds of the attorneys whose time is at issue. This part of the Order is designed to eliminate further rounds of briefing in the event that the Undersigned decides that a fees award under Fed. R. Civ. Pro. 37 is appropriate. It is not intended to foreshadow a ruling that a fees award will in fact be entered.Because Plaintiff will be submitting fees information, Defendants should have the ability to challenge the hourly rates and reasonableness of the time entries in the event that a fees award were to be entered. That is why their page limit is seven pages, rather than 3 pages. Defendants may use up to four pages on the fees discussion, but is limited to three pages on the substantive issue of entitlement.As with all discovery disputes, the Undersigned encourages the parties to continue efforts to amicably resolve the issue. Because these discussions, if they occur, are somewhat akin to a mediator-free mediation, the Undersigned believes it is appropriate to mention a well-known, albeit somewhat informal and amusing, comment about mediation: The key to a successful mediation is for all parties to leave feeling miserable. Therefore, the parties are urged to start feeling miserable if they want to resolve a discovery-related fees dispute which, if not amicably worked out, will likely result in an Order which at least one side will deem to be a bad result. Signed by Magistrate Judge Jonathan Goodman on 8/16/2015. (JG)
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Filing 137
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER regarding hearing held August 14, 2015. Signed by Magistrate Judge Jonathan Goodman on 8/15/2015. (mda)
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Filing 136
ENDORSED ORDER re #133 Notice of Hearing by Attorney filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Although the Court held a discovery hearing lasting almost two and a half hours on August 14, 2105, several of the discovery disputes which Defendant Caterpillar listed were not addressed. All of the issues Plaintiff listed for the hearing were addressed, however.Because of personal scheduling issues which will soon arise, it is unlikely that the Undersigned will be able to hold another discovery hearing in the next three to four weeks. Given this scenario and Defendant Caterpillar's need to obtain rulings on the discovery disputes, the Undersigned will, for a limited time, abandon the discovery calendar methodology for the remaining issues on Defendants' Amended Notice of Hearing [ECF No. 133]. The remaining issues do not appear overly complex, and the Undersigned anticipates that a ruling based on brief written submissions will be possible.Therefore, the parties shall, by August 21, 2015, submit a memorandum on issue 3 (depositions of CEP employees), issue 4 (CEP corporate representative), issue 5 (Caterpillar's second request for production), issue 6 (Caterpillar's Third Request for Production) and issue 7 (list of cases in which EPC's experts have testified). Each double-spaced memorandum may not exceed 10 pages and the Court expects approximately a two-page discussion for each of the 5 issues.Despite the briefing schedule, the Court expects the parties to continue to try to resolve the disputes. Some of them seem perfectly capable of being worked out without judicial intervention. For example, deciding whether to agree to take more than the 10 depositions permitted absent consent or court order is precisely the type of issue which attorneys should, and do, work out. Likewise, reciprocal exchange of expert witness notes from a site inspection is standard practice. The Court understands that CEP apparently takes the position that its experts are only consulting experts unless they produce a report and are formally designated. But the Court understands that Caterpillar has already produced its experts' notes to Plaintiff, based on an understanding concerning experts, which makes Plaintiff's position, at least at first blush, unfair. Signed by Magistrate Judge Jonathan Goodman on 8/15/2015. (JG)
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| Filing 135 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 8/14/2015. Court heard Oral argument from the parties on various discovery issues. A written discovery Order to be issued. Parties present: Plaintiff's attorneys Jessie Beeber and Patrick Boyle, Defendant's attorneys Kimberly Cook and Sherylle Gordon.(Digital 15:03:30.) (mso) |
| Filing 142 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Maria R. Coor. Filing Fee $ 75.00. Receipt # 106284. (ksa) |
| Filing 141 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shawnna M. Yashar. Filing Fee $ 75.00. Receipt # 106283. (ksa) |
| Filing 140 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory J. Commins, Jr. Filing Fee $ 75.00. Receipt # 106248. (ksa) |
| Filing 139 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert G. Abrams. Filing Fee $ 75.00. Receipt # 106247. (ksa) |
| Filing 134 NOTICE by Companhia Energtica Potiguar re #133 Notice of Hearing by Attorney Notice of Authorities (Leto, Matthew) |
| Filing 133 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/14/2015 03:30 PM in Miami Division before Judge Jose E. Martinez. (Cook, Kimberly) |
| Filing 132 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/14/2015 03:30 PM before Magistrate Judge Jonathan Goodman. (Leto, Matthew) |
| Filing 131 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/14/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Cook, Kimberly) |
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Filing 130
ORDER denying #27 Motion to Dismiss #1 Complaint. Signed by Judge Jose E. Martinez on 7/22/2015. (ls)
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| Filing 129 PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Motion Hearing held on 7/10/2015 re #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Argument heard, separate order to follow. Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov (wh) |
| Filing 128 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Status Conference held on 7/9/2015. (Digital 10:31:02) (mso) |
| Filing 127 TRANSCRIPT of Discovery Hearing held on 6/23/2015 before Magistrate Judge Jonathan Goodman, 1-64 pages, Court Reporter: Carl Schanzleh, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/13/2015. (Attachments: #1 Designation)(mc) |
| Filing 126 PAPERLESS NOTICE of Hearing on Motion #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens : Motion Hearing set for 7/10/2015 now at 2:00 PM in Miami Division before Judge Jose E. Martinez. (wh) |
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Filing 125
PAPERLESS ORDER granting in part and denying in part #47 Plaintiff's Motion to Strike Defendants' Reply or in the Alternative, Seeking Leave to File a Sur-Reply. The Court denies Plaintiff's Motion to Strike Defendants' Reply, but grants Plaintiff's Motion for Leave to File a Sur-Reply and will consider Plaintiff's Sur-Reply [ECF No. 47-2] as filed. Signed by Judge Jose E. Martinez on 7/8/2015. (js01)
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| Filing 124 NOTICE by CATERPILLAR INC. re #118 Order Joint Protocol for Production from the DSN (Davant, Charles) |
| Filing 123 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #118 Order Joint Notice Pursuant to Court Order (Davant, Charles) |
| Set/Reset Deadlines as per DE 122 to #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens. Motion Hearing reset for 7/10/2015 02:30 PM in Miami Division before Judge Jose E. Martinez. (lk) |
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Filing 122
PAPERLESS ORDER granting #120 Plaintiff's Motion to Adjourn Hearing on Defendants' Motion to Dismiss. The hearing on Defendants' Motion to Dismiss Complaint is reset for 7/10/2015 02:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 6/30/2015. (js01)
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| Filing 121 NOTICE by Companhia Energtica Potiguar Regarding the Parties' Agreed Hearing Date (Leto, Matthew) |
| Motions terminated: #120 MOTION to Continue Hearing Scheduled for July 1, 2015 filed by Companhia Energtica Potiguar. Signed by Judge Jose E. Martinez on 6/30/2015. (wh) |
| Filing 120 MOTION to Continue Hearing Scheduled for July 1, 2015 by Companhia Energtica Potiguar. Responses due by 7/16/2015 (Attachments: #1 Exhibit "A" - Affidavit of Jessie Beeber, #2 Exhibit "B" - Proposed Order)(Leto, Matthew) |
| Filing 119 NOTICE of Hearing on Motion #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens : Motion Hearing set for 7/1/2015 02:00 PM in Miami Division before Judge Jose E. Martinez. (wh) |
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Filing 118
ORDER regarding the discovery hearing held on June 23, 2015. Signed by Magistrate Judge Jonathan Goodman on 6/25/2015. (mda)
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| Filing 117 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 6/23/2015. (Digital 15:30:55.) (mso) |
| Filing 116 TRANSCRIPT of discovery hearing held on 6-15-2015 before Magistrate Judge Jonathan Goodman, 1-17 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/24/2015. (dwh) |
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Filing 115
ENDORSED ORDER granting (reluctantly) #114 Plaintiff's Request for Permission to Submit Documents to the Court. Pursuant to the #91 Undersigned's Updated Discovery Procedure Order, the proper procedure to submit background discovery materials is not by filing it on CM/ECF, but rather sending it via hand-delivery or emailing it to the e-file inbox. In addition, #107 Defendants' notice of hearing is tantamount to a mini-memorandum and arguably violates the #91 Updated Discovery Procedures Order. The Court will strike any discovery hearing notices filed in violation of the Discovery Procedures Order. Also, Defendants incorrectly attached their background materials to their hearing notice, instead of emailing them to the e-file inbox. Signed by Magistrate Judge Jonathan Goodman on 6/22/2015. (mda)
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| Filing 114 Plaintiff's MOTION Request for Permission to Submit Documents to the Court by Companhia Energtica Potiguar. (Leto, Matthew) |
| Filing 113 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re #103 Notice of Hearing by Attorney,, Notice of Filing Correct Exhibit C to Caterpillar Notice of Hearing (ECF No. 103) (Attachments: #1 Exhibit C To Caterpillar's Notice of Hearing [ECF No. 103]) (Davant, Charles) |
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Filing 112
ENDORSED ORDER granting #106 Defendants' Motion to Vacate 105 Order. The Court also grants in part and denies in part both #107 Defendants' Corrected Motion to Extend Deadline to Produce Documents and #109 Defendants' Motion to Extend Deadlines to Produce Documents from Custodian Files. The Court is extending the deadline to produce the documents until after the Court holds a discovery hearing on 6/23/2015 and determines the scope of production. Signed by Magistrate Judge Jonathan Goodman on 6/16/2015. (mda)
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Filing 111
ENDORSED ORDER rescheduling the discovery hearing originally scheduled for 7/10/2015 at 2:30 PM. The Court will now hold the discovery hearing on 6/23/2015 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Counsel must appear in person. Signed by Magistrate Judge Jonathan Goodman on 6/15/2015. (mda)
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| Filing 110 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Miscellaneous Hearing held on 6/15/2015. (Digital 17:42:49.) (mso) |
| Filing 109 MOTION for Extension of Time To Extend Deadline to Produce Documents from Custodian Files re #100 Notice (Other) by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 7/2/2015 (Davant, Charles) |
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Filing 108
ENDORSED ORDER scheduling a telephonic hearing on #106 Defendants' Motion to Vacate Order on Motion for Extension of Time and #107 Defendants' Corrected Motion to Extend Deadline to Produce Documents for 6/15/2015 at 05:45 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. Signed by Magistrate Judge Jonathan Goodman on 6/15/2015. (mda)
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| Filing 107 Corrected MOTION for Extension of Time to Extend Deadline to Produce Documents re #104 MOTION for Extension of Time Time to Produce Documents re #90 Order by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 7/2/2015 (Davant, Charles) |
| Filing 106 MOTION to Vacate 105 Order on Motion for Extension of Time, by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 7/2/2015 (Davant, Charles) |
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Filing 105
ENDORSED ORDER granting #104 Defendants' unopposed motion to extend the deadline to produce documents until after the Court holds a discovery hearing on 6/10/2015 and rules on the scope of production. Signed by Magistrate Judge Jonathan Goodman on 6/15/2015. (mda)
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| Filing 104 MOTION for Extension of Time Time to Produce Documents re #90 Order by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 6/29/2015 (Attachments: #1 Text of Proposed Order Exhibit A)(Davant, Charles) |
| Filing 103 NOTICE of Hearing by ATTORNEY:. Attorney Charles Stuart Davant added to party CATERPILLAR AMERICAS CO.(pty:dft), Attorney Charles Stuart Davant added to party CATERPILLAR AMERICAS SERVICES CO.(pty:dft), Attorney Charles Stuart Davant added to party CATERPILLAR INC.(pty:dft). Discovery Hearing set for 7/10/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Attachments: #1 Exhibit A - Hearing Transcript, #2 Exhibit B - Minks Deposition, #3 Exhibit C - CEP 1st RFP) (Davant, Charles) |
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Filing 102
ORDER SETTING TELEPHONIC STATUS CONFERENCE for Thursday, 7/9/2015 at 10:30 a.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 6/12/2015. (mso)
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| Filing 101 Notification of Ninety Days Expiring by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. re #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens filed by CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC., CATERPILLAR AMERICAS CO. (Cook, Kimberly) |
| Filing 100 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. re #95 Order Notice of Joint Deadline (Cook, Kimberly) |
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Filing 99
PAPERLESS ORDER denying without prejudice #35 Defendants Caterpillar Inc., Caterpillar Americas Services Co. and Caterpillar Americas Co.'s First Joint Motion to Continue Scheduling Order Deadlines and Trial Date. Defendants fail to provide the Court with proposed dates that would alleviate the issues raised in their motion. Should Defendants deem it necessary to extend particular deadlines, Defendants shall propose new dates for the Court to consider. The Court therefore denies Defendants' motion without prejudice so that Defendants may refile and propose specific dates for the particular deadlines Defendants believe require an extension. Signed by Judge Jose E. Martinez on 6/3/2015. (js01)
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Filing 98
ENDORSED ORDER granting #97 the Joint Motion for a Brief Enlargement of Time to File Joint Notice of Deadline. The Parties have until and including June 3, 2015 to file the Joint Notice of Deadline. Signed by Magistrate Judge Jonathan Goodman on 6/2/2015. (mda)
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| Filing 97 Joint MOTION for Extension of Time To File Joint Notice of Deadline re #95 Order by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 6/19/2015 (Cook, Kimberly) |
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Filing 96
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Preliminary Status Conference, Signed by Judge Jose E. Martinez on 6/1/2015. (lh)
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Filing 95
ORDER re #93 Notice of Proposed Agreed Order that was filed in response to #89 the Court's Post-Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 5/28/2015. (mda)
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| Filing 94 ANSWER and Affirmative Defenses to Complaint with Jury Demand by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. (Cook, Kimberly) |
| Filing 93 NOTICE by COMPANHIA ENERGTICA POTIGUAR re #89 Order requiring filing of Notice of Proposed Agreed Interim Order on Discovery Dispute (Leto, Matthew) |
| Filing 92 TRANSCRIPT of Discovery Hearing held on May 15, 2015, before Magistrate Judge Jonathan Goodman, 1-16 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 16:08:06.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (le) |
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Filing 91
UPDATED DISCOVERY PROCEDURES ORDER. From this point forward, the parties are required to comply with the updated discovery procedures attached. Signed by Magistrate Judge Jonathan Goodman on 5/22/2015. (mda)
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Filing 90
ORDER on Plaintiff's discovery request. Signed by Magistrate Judge Jonathan Goodman on 5/21/2015. (mda)
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Filing 89
ORDER re 87 discovery hearing held on May 15, 2015. Signed by Magistrate Judge Jonathan Goodman on 5/19/2015. (mda)
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| Set/Reset Answer Due Deadline as per DE 88 : CATERPILLAR AMERICAS CO. response due 5/26/2015; CATERPILLAR AMERICAS SERVICES CO. response due 5/26/2015; CATERPILLAR INC. response due 5/26/2015. (lk) |
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Filing 88
PAPERLESS ORDER granting #86 Defendants' Amended Motion for Brief Extension of Time to File Answer to Plaintiff's Complaint. Defendants shall file their Answer to Plaintiff's Complaint on or before May 26, 2015. This Order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 5/18/2015. (js01)
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| Filing 87 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 5/15/2015.(Digital 16:08:06 and 16:29:25.) (mso) |
| Filing 86 Amended MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. (Attachments: #1 Text of Proposed Order Granting Defendants' Amended Motion for Extension of Time to File Answer)(Cook, Kimberly) |
| Filing 85 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. (Attachments: #1 Text of Proposed Order Granting Defendants' Motion for Extension of Time to File Answer)(Cook, Kimberly) |
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Filing 84
ENDORSED ORDER granting #81 Plaintiff's Unopposed Motion to Seal Portions of Plaintiff's Memorandum on Substantial Similarity of C32 Engines Across Applications. Signed by Magistrate Judge Jonathan Goodman on 5/14/2015. (mda)
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| Filing 83 MEMORANDUM of Law re #65 Order on Lack of Substantial Similarity Among C32 Engines Across All Applications by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. (Attachments: #1 Exhibit Specifications, #2 Exhibit Affidavit, #3 Exhibit Deposition transcript, #4 Exhibit Photographs)(Cook, Kimberly) |
| Filing 81 UNOPPOSED MOTION to Seal Portions of Plaintiff's Memorandum on Substantial Similarity of C32 Engines Across Applications Pursuant to Discovery Order [ECF No. 65] by Companhia Energetica Potiguar (nc) |
| Filing 80 MOTION Regarding Substantial Similarity Pursuant to Court Order re #65 Order by COMPANHIA ENERGTICA POTIGUAR. (Attachments: #1 Declaration of Jessie Beeber, #2 Exhibit "A" to Declaration of Jessie Beeber)(Leto, Matthew) |
| SYSTEM ENTRY - Docket Entry 82 [misc] restricted/sealed until further notice. (nc) |
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Filing 79
ENDORSED ORDER re #77 Plaintiff's Unopposed Motion for Leave to Appear Telephonically. Plaintiff's counsel has represented that the discovery disputes scheduled for the hearing should not take more than 20 minutes. Given that each side has flagged disputes for the hearing, this prediction appears, shall we say, optimistic. Nevertheless, the Undersigned is taking this prediction at face value and will therefore set aside 20 minutes for the hearing and will permit Plaintiff's counsel to appear by phone. Plaintiff's counsel will place the call in to Chambers at 305-523-5720 shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 5/12/2015. (mda)
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Filing 78
ENDORSED ORDER granting #75 Plaintiff's Unopposed Motion to Seal Exhibits to Affidavit of John Stanley Poulson. Signed by Magistrate Judge Jonathan Goodman on 5/12/2015. (mda)
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| Filing 77 Unopposed MOTION to Appear Telephonically at Hearing re #72 Notice of Hearing by Attorney, #76 Notice of Hearing by Attorney by COMPANHIA ENERGTICA POTIGUAR. (Attachments: #1 Exhibit Proposed Order)(Leto, Matthew) |
| Filing 76 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/15/2015 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Cook, Kimberly) |
| Filing 75 UNOPPOSED MOTION to Seal Exhibits to Affidavit of John Stanley Poulson by Companhia Energetica Potiguar (nc) (Additional attachment(s) added on 5/11/2015: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (nc). |
| Filing 74 AFFIDAVIT signed by : John Stanley Poulson. re #65 Order by COMPANHIA ENERGTICA POTIGUAR (Attachments: #1 Exhibit Ex 1 - Poulson CV, #2 Exhibit Ex 2 - Poulson Recent Testimony, #3 Exhibit Ex 3 - Minks Transcript, #4 Exhibit Ex 4 - 2539883 Cylinder Block, #5 Exhibit Ex 5 - 2323232 Connecting Rod, #6 Exhibit Ex 6 - 2243250 Crankshaft, #7 Exhibit Ex 7 - 3178766 Main Bearing, #8 Exhibit Ex 8 - 2323226 Connecting Rod Bearing, #9 Exhibit Ex 9 (Under Seal), #10 Exhibit Ex 10 (Under Seal), #11 Exhibit Ex 11 (Under Seal), #12 Exhibit Ex 12 (Under Seal), #13 Exhibit Ex 13 - CAT Fourth Supplemental Rule 26 Disclosure, #14 Exhibit Ex 14 (Under Seal))(Hall, Andrew) |
| Filing 73 TRANSCRIPT of discovery hearing held on 4-10-2015 before Magistrate Judge Jonathan Goodman, 1-53 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2015. Redacted Transcript Deadline set for 6/11/2015. Release of Transcript Restriction set for 8/10/2015. (dwh) |
| Filing 72 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/15/2015 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hall, Andrew) |
| Filing 71 REPLY to Response to Motion re #67 Plaintiff's MOTION to Compel Defendants to Answer the Complaint filed by COMPANHIA ENERGTICA POTIGUAR. (Attachments: #1 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Compel Defendants to Answer the Complaint)(Hall, Andrew) |
| Filing 70 RESPONSE in Opposition re #67 Plaintiff's MOTION to Compel Defendants to Answer the Complaint filed by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Replies due by 5/14/2015. (Cook, Kimberly) |
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Filing 69
ORDER granting #66 Motion for Extension of Time. Discovery due by 11/23/2015. Expert Discovery due by 11/23/2015. Mediation Deadline 12/24/2015. Dispositive Motions due by 11/27/2015. In Limine Motions due by 1/22/2016. Motions due by 1/22/2016. Pretrial Stipulation due by 1/22/2016. Calendar Call reset for 2/18/2016 01:30 PM in Miami Division before Judge Jose E. Martinez. Trial reset for 2/22/2016 in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 4/22/2015. (lh)
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| Filing 68 AFFIDAVIT signed by : Michael L. Minks. by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. (Cook, Kimberly) |
| Filing 67 Plaintiff's MOTION to Compel Defendants to Answer the Complaint by COMPANHIA ENERGTICA POTIGUAR. Responses due by 5/4/2015 (Attachments: #1 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Compel)(Hall, Andrew) |
| Filing 66 Joint MOTION for Extension of Time Extend Scheduling Order Deadlines and to Continue Trial Date by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 5/4/2015 (Attachments: #1 Appendix, #2 Affidavit)(Cook, Kimberly) |
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Filing 65
Post-Hearing Administrative Order re [ECF Nos. 51; 54; 61; 62]. Signed by Magistrate Judge Jonathan Goodman on 4/13/2015. (lpr)
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| Filing 64 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 4/10/2015. (Digital 16:02:55.) (mso) |
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Filing 63
ENDORSED ORDER concerning tomorrow afternoon's discovery hearing. After reviewing the background materials submitted by the parties, the Undersigned believes it prudent to remind the parties and their counsel of my discovery practice. Specifically, the Undersigned follows Federal Rule of Civil Procedure 37, which adopts a presumptive "loser pays" rule for discovery disputes, which means an attorney's fees award will be entered against the losing party, the party's attorney, or both. There are, to be sure, some limited exceptions to the loser pays rule, but they often are not present in most garden-variety discovery disputes. Counsel are urged to try to resolve as many discovery disputes as they can between now and tomorrow afternoon's discovery hearing. Signed by Magistrate Judge Jonathan Goodman on 4/9/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 4/9/2015. (JG)
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| Filing 62 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/10/2015 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Cook, Kimberly) |
| Filing 61 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/10/2015 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hall, Andrew) |
| Filing 60 Witness List Defendants' Trial Witness List by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC... (Cook, Kimberly) |
| Filing 59 NOTICE of Striking #58 Witness List filed by CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Notice of Striking Docket Entry 58 by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. (Cook, Kimberly) |
| Filing 58 (STRICKEN PER DE# 59)Witness List Defendants' Trial Witness List by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC... (Cook, Kimberly) Modified on 4/3/2015 (cqs). |
| Filing 57 AFFIDAVIT signed by : Sarah S. Park. re #47 MOTION to Strike #45 Reply to Response to Motion, Or, In the Alternative, MOTION for Leave to File Sur-Reply by COMPANHIA ENERGTICA POTIGUAR (Attachments: #1 Exhibit Exhibit A: Defendant's Request for Production, #2 Exhibit Exhibit B: Plaintiff's Response to Request for Production, #3 Exhibit Exhibit C: Transmittal Email)(Hall, Andrew) |
| Filing 56 REPLY to Response to Motion re #47 MOTION to Strike #45 Reply to Response to Motion, Or, In the Alternative, MOTION for Leave to File Sur-Reply filed by COMPANHIA ENERGTICA POTIGUAR. (Hall, Andrew) |
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Filing 55
ORDER granting #49 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 3/25/2015. (tp)
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| Filing 54 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/10/2015 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Cook, Kimberly) |
| Filing 53 NOTICE by CATERPILLAR INC. Defendants' Notice of Filing the Declaration of Kimberly A. Cook with the Declaration of Kimberly A. Cook (Cook, Kimberly) |
| Filing 52 RESPONSE in Opposition re #47 MOTION to Strike #45 Reply to Response to Motion, Or, In the Alternative, MOTION for Leave to File Sur-Reply filed by CATERPILLAR INC.. Replies due by 3/30/2015. (Cook, Kimberly) |
| Filing 51 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/10/2015 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hall, Andrew) |
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Filing 50
PAPERLESS ORDER granting #48 Joint Motion for Brief Enlargement of Time to Exchange Expert Witness Summaries and Reports and Rebuttal Expert Witness Summaries and Reports. The parties shall exchange expert witness summaries and reports on or before April 22, 2015 and rebuttal expert witness summaries and reports on or before May 22, 2015. This order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 3/19/2015. (js01)
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| Filing 49 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas M. Buell. Filing Fee $ 75.00. Receipt # 96864. (pt) |
| Filing 48 Joint MOTION for Extension of Time to Exchange Expert Witness Summaries and Reports and Rebuttal Expert Witness Summaries and Reports by COMPANHIA ENERGETICA POTIGUAR and by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 4/6/2015 (Attachments: #1 Text of Proposed Order Granting Joint Motion for Enlargement of Time)(Cook, Kimberly) |
| Filing 47 MOTION to Strike #45 Reply to Response to Motion, Or, In the Alternative, ( Responses due by 3/30/2015), MOTION for Leave to File Sur-Reply by COMPANHIA ENERGTICA POTIGUAR. (Attachments: #1 Text of Proposed Order Exhibit 1: Text of Proposed Order Granting Motion to Strike and/or Motion for Leave, #2 Memorandum Exhibit 2: Proposed Sur-Reply)(Hall, Andrew) |
| Filing 45 REPLY to Response to Motion re #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens [redacted] filed by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. (Attachments: #1 Exhibit [redacted] Reply Declaration of Keith S. Rosenn in Support of Defendants' Motion to Dismiss for Forum Non Conveniens)(Gordon, Sherylle) |
| SYSTEM ENTRY - Docket Entry 46 [misc] restricted/sealed until further notice. (nc) |
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Filing 44
PAPERLESS ORDER granting #43 Defendants' Unopposed Motion to Seal Documents in Support of their Reply Memorandum in Support of their Motion to Dismiss on the Grounds of Forum Non Conveniens. The Exhibits shall remain under seal until further order of this Court. Signed by Judge Jose E. Martinez on 3/6/2015. (js01)
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| Filing 43 UNOPPOSED MOTION to Seal Documents In Support of Their Reply Memorandum In Support of Their Motion to Dismiss on The Grounds of Forum Non Conveniens by Caterpillar Inc., Caterpillar Americas Services Co., Caterpillar Americas Co. (Attachments: #1 Text of Proposed Order)(nc) (Additional attachment(s) added on 3/6/2015: #2 Exhibit 5 a, #3 Exhibit 5 a cont'd, #4 Exhibit 5 b, #5 Exhibit 5 c, #6 Exhibit 5 c cont'd, #7 Exhibit 5 d, #8 Exhibit 5 d cont'd, #9 Exhibit 5 e, #10 Exhibit 5 e cont'd) (nc). |
| Filing 42 RESPONSE in Opposition re #35 First MOTION to Continue Scheduling Order Deadlines and Trial Date filed by COMPANHIA ENERGTICA POTIGUAR. Replies due by 3/13/2015. (Hall, Andrew) |
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Filing 41
PAPERLESS ORDER granting #37 Plaintiff's Unopposed Motion to Seal Exhibits to Declaration of Patrick J. Boyle in Support of Plaintiff's Response in Opposition to Defendants' Motion to Dismiss. The Exhibits shall remain under seal until further order of this Court. Signed by Judge Jose E. Martinez on 2/26/2015. (js01)
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| Filing 40 AFFIDAVIT signed by : Justice Francisco Rezek. re #38 Response in Opposition to Motion, by COMPANHIA ENERGTICA POTIGUAR (Hall, Andrew) |
| Filing 39 AFFIDAVIT signed by : Patrick J. Boyle. re #38 Response in Opposition to Motion, by COMPANHIA ENERGTICA POTIGUAR (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37, #38 Exhibit Exhibit 38, #39 Exhibit Exhibit 39)(Hall, Andrew) |
| Filing 38 RESPONSE in Opposition re #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens filed by COMPANHIA ENERGTICA POTIGUAR. Replies due by 3/9/2015. (Attachments: #1 Appendix Appendix A: Banco Intercontinental Order)(Hall, Andrew) |
| Filing 37 UNOPPOSED MOTION to Seal Exhibits to Declaration of Patrick J. Boyle In Support of Plaintiff's Response In Opposition to Defendants' Motion to Dismiss by Companhia Energetica Potiguar (Attachments: #1 Text of Proposed Order)(nc) (Additional attachment(s) added on 2/26/2015: #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit H cont'd, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K) (nc). |
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Filing 36
PAPERLESS ORDER granting #34 Plaintiff's Motion for Leave to Page Limit in Opposition to Defendants' Motion to Dismiss. Plaintiff may file a response in opposition to Defendants' Motion to Dismiss [ECF No. 27] not to exceed 30 pages in length. Signed by Judge Jose E. Martinez on 2/23/2015. (js01)
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| Filing 35 First MOTION to Continue Scheduling Order Deadlines and Trial Date by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 3/9/2015 (Attachments: #1 Affidavit in Support of Defendants' Joint Motion to Continue Scheduling Order Deadlines and Trial Date)(Cook, Kimberly) |
| Filing 34 MOTION for Leave to File Excess Pages in Opposition to Defendants' Motion to Dismiss by COMPANHIA ENERGTICA POTIGUAR. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Exceed Page Limit)(Leto, Matthew) |
| Filing 33 NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. re #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens . Attorney Kimberly A. Cook added to party CATERPILLAR AMERICAS CO.(pty:dft), Attorney Kimberly A. Cook added to party CATERPILLAR AMERICAS SERVICES CO.(pty:dft), Attorney Kimberly A. Cook added to party CATERPILLAR INC.(pty:dft). (Attachments: #1 Exhibit Amended Declaration of Joseph Andris in Support of Defendants' Motion to Dismiss for Forum Non Conveniens) (Cook, Kimberly) |
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Filing 32
PAPERLESS ORDER granting in part and denying in part #30 Plaintiff's Motion for Enlargement of Time to Serve Response in Opposition to Defendants' Motion to Dismiss. Plaintiff shall file a response to Defendants' Motion to Dismiss [ECF No. 27] on or before February 25, 2015. Absent compelling circumstances, the Court will not provide further extensions of time regarding Plaintiff's response. This order shall not affect any other deadlines. Signed by Judge Jose E. Martinez on 2/4/2015. (js01)
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| Filing 31 RESPONSE in Opposition re #30 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens (Joint) filed by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Replies due by 2/17/2015. (Gordon, Sherylle) |
| Filing 30 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens by COMPANHIA ENERGTICA POTIGUAR. Attorney Matthew Leto added to party COMPANHIA ENERGTICA POTIGUAR(pty:pla). (Attachments: #1 Text of Proposed Order Exhibit 1: Text of Proposed Order Granting Motion for Enlargement of Time)(Leto, Matthew) |
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Filing 29
ORDER granting #28 Motion for Protective Order. Signed by Magistrate Judge Jonathan Goodman on 1/27/2015. (lpr)
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| Filing 28 Agreed MOTION for Protective Order by COMPANHIA ENERGTICA POTIGUAR. (Attachments: #1 Text of Proposed Order Exhibit A: Stipulation and Proposed Confidentiality Order)(Hall, Andrew) |
| Filing 27 Defendant's MOTION to Dismiss #1 Complaint, on the grounds of Forum Non Conveniens by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 2/6/2015 (Attachments: #1 Exhibit Joseph Andris Declaration, #2 Exhibit Keith Rosenn Declaration, #3 Exhibit Keith Rosenn CV)(Gordon, Sherylle) |
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Filing 26
SCHEDULING ORDER: ( Trial set for 10/19/2015 in Miami Division before Judge Jose E. Martinez., Calendar Call set for 10/15/2015 01:30 PM in Miami Division before Judge Jose E. Martinez., Amended Pleadings due by 2/23/2015., Discovery due by 6/11/2015., Expert Discovery due by 6/11/2015., Joinder of Parties due by 2/23/2015., Mediation Deadline 8/20/2015., Dispositive Motions due by 7/13/2015., Motions due by 9/4/2015., Pretrial Stipulation due by 9/29/2015.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 8/20/2015.), ORDER REFERRING CERTAIN MOTIONS to Magistrate Judge Jonathan Goodman. Signed by Judge Jose E. Martinez on 1/15/2015. (lh)
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| Filing 25 SCHEDULING REPORT - Rule 16.1 by COMPANHIA ENERGTICA POTIGUAR (Attachments: #1 Exhibit Attachment A: Proposed Joint Scheduling Form, #2 Exhibit Attachment D: Election to Jurisdiction by U.S. Magistrate Judge)(Hall, Andrew) |
| Filing 24 NOTICE/STIPULATION of Substitution of Counsel by Andrew Clifford Hall on behalf of COMPANHIA ENERGTICA POTIGUAR instead of prior counsel of record Russomanno & Borrello, PA. . Attorney Andrew Clifford Hall added to party COMPANHIA ENERGTICA POTIGUAR(pty:pla). (Attachments: #1 Exhibit Exhibit A: Consent to Substitution of Counsel, #2 Text of Proposed Order Exhibit B: Proposed Order for Substitution of Counsel) (Hall, Andrew) |
| Filing 23 Certificate of Interested Parties/Corporate Disclosure Statement by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. (Cook, Kimberly) |
| Filing 22 Certificate of Interested Parties/Corporate Disclosure Statement by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. (Cook, Kimberly) |
| Filing 21 Certificate of Interested Parties/Corporate Disclosure Statement by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. (Cook, Kimberly) |
| Filing 20 Certificate of Interested Parties/Corporate Disclosure Statement by COMPANHIA ENERGTICA POTIGUAR (Russomanno, Herman) |
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Filing 19
ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 12/4/2014. (tp)
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Filing 18
ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 12/4/2014. (tp)
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Filing 17
ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 12/4/2014. (tp)
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Filing 16
ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 12/4/2014. (tp)
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Filing 15
ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 12/3/2014. (tp)
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| Set/Reset Answer Due Deadline as per DE 14 : CATERPILLAR AMERICAS CO. response due 1/19/2015; CATERPILLAR AMERICAS SERVICES CO. response due 1/19/2015; CATERPILLAR INC. response due 1/19/2015. (lk) |
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Filing 14
PAPERLESS ORDER granting #5 Joint Motion for Extension of Time for Defendants to Respond to Plaintiff's Complaint and for Plaintiff to File Response. Defendants shall file a response to Plaintiff's Complaint on or before January 19, 2015. Plaintiff shall file any response on or before February 18, 2015. This order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 12/2/2014. (js01)
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jessie F. Beeber. Filing Fee $ 75.00. Receipt # 90624. (ksa) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Randall K. Miller. Filing Fee $ 75.00. Receipt # 90624. (ksa) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas M. DePalma. Filing Fee $ 75.00. Receipt # 90624. (ksa) |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah S. Park. Filing Fee $ 75.00. Receipt # 90624. (ksa) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick J. Boyle. Filing Fee $ 75.00. Receipt # 90624. (ksa) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by COMPANHIA ENERGTICA POTIGUAR. CATERPILLAR INC. served on 11/17/2014, answer due 12/8/2014. (Russomanno, Herman) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by COMPANHIA ENERGTICA POTIGUAR. CATERPILLAR AMERICAS SERVICES CO. served on 11/12/2014, answer due 12/3/2014. (Russomanno, Herman) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by COMPANHIA ENERGTICA POTIGUAR. CATERPILLAR AMERICAS CO. served on 11/12/2014, answer due 12/3/2014. (Russomanno, Herman) |
| Filing 5 First MOTION for Extension of Time To Respond to Plaintiff's Complaint and for Plaintiff to File Response Joint Motion for Extension of Time for Defendants to Respond to Plaintiff's Complaint and for Plaintiff to File Response re #1 Complaint, by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Attorney Sherylle A.O. Gordon added to party CATERPILLAR AMERICAS CO.(pty:dft), Attorney Sherylle A.O. Gordon added to party CATERPILLAR AMERICAS SERVICES CO.(pty:dft), Attorney Sherylle A.O. Gordon added to party CATERPILLAR INC.(pty:dft). Responses due by 12/15/2014 (Attachments: #1 Text of Proposed Order)(Gordon, Sherylle) |
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Filing 4
Order Requiring Joint Scheduling Report Signed by Judge Jose E. Martinez on 11/24/2014. (dq)
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| Filing 3 Summons Issued as to All Defendants. (yha) |
| Filing 2 Judge Assignment to Judge Jose E. Martinez (yha) |
| Filing 1 COMPLAINT against CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Filing fees $ 400.00 receipt number 113C-7229288, filed by COMPANHIA ENERGTICA POTIGUAR. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Summon(s), #6 Summon(s), #7 Summon(s))(Russomanno, Herman) |
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