ACE American Insurance Company v. Caterpillar, Inc. et al
ACE American Insurance Company |
Martin Tractor Company, Inc., Caterpillar, Inc. and CW Mill Equipment Co. Inc. |
1:2008cv00718 |
March 3, 2008 |
US District Court for the Northern District of Georgia |
Atlanta Office |
XX US, Outside State |
Clarence Cooper |
Tort Product Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on January 27, 2010. A more recent docket listing may be available from PACER.
Document Text |
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Filing 107 Order to Dismiss action with prejudice. Signed by Judge Clarence Cooper on 1/27/2010. (vs) |
Civil Case Terminated. (vs) |
Filing 106 NOTICE by Caterpillar, Inc. of Defendants' Consent to Plaintiff's Dismissal With Prejudice (Marsh, C.) |
Submission of #105 Notice of Voluntary Dismissal, submitted to District Judge Clarence Cooper. (Answer filed) (vs) |
Filing 105 NOTICE of Voluntary Dismissal with Prejudice filed by ACE American Insurance Company (Woodhouse, Samuel) |
Filing 104 Minute Entry for proceedings held before Judge Clarence Cooper: Daubert Hearing held on 11/23/2009;denying #87 Motion in Limine to exclude plaintiff's expert Ellis Severietti; granting in part and denying in part, and reserving ruling in part #100 Motion in Limine. (Court Reporter Amanda Lohnaas)(vs) |
Filing 103 RESPONSE in Opposition re #100 MOTION in Limine concerning the Service Letter dated September 9, 2008, Incident Reports and other C-27 Engine Fuel Line Modifications filed by CW Mill Equipment Co. Inc.. (Attachments: #1 Exhibit, #2 Exhibit Part 2)(Harris, W.) |
Filing 102 RESPONSE in Opposition re #100 MOTION in Limine to exclude the report and testimony of C.W. Mill's Expert, Loren Griswold with Brief in Support thereof filed by CW Mill Equipment Co. Inc.. (Attachments: #1 Exhibit 1-13)(Harris, W.) |
Filing 101 RESPONSE in Opposition re #100 MOTION in Limine of Defendant Caterpillar Inc. filed by ACE American Insurance Company. (Attachments: #1 Exhibit A - part 1, #2 Exhibit A - part 2, #3 Exhibit B)(Woodhouse, Samuel) |
Filing 100 MOTION in Limine with Brief In Support by Caterpillar, Inc.. (Broach, Ashley) |
Filing 99 ORDER denying #95 Motion for Reconsideration. Signed by Judge Clarence Cooper on 10/26/2009. (vs) |
Filing 98 REPLY to Response to Motion re #95 MOTION for Reconsideration of Order dated August 4, 2009 filed by CW Mill Equipment Co. Inc.. (Harris, W.) |
Submission of #95 MOTION for Reconsideration of Order dated August 4, 2009, submitted to District Judge Clarence Cooper. (vs) |
Filing 97 Response to Motion re #95 MOTION for Reconsideration of Order dated August 4, 2009 filed by Caterpillar, Inc.. (Marsh, C.) Modified on 9/2/2009 to edit text to reflect actual document filed(vs). |
Filing 96 NOTICE setting Trial: Jury Trial set for 10/13/2009 at 09:30 AM in ATLA Courtroom 1706 before Judge Clarence Cooper. (pds) |
Filing 95 MOTION for Reconsideration of Order dated August 4, 2009 by CW Mill Equipment Co. Inc.. (Attachments: #1 Exhibit Exhibit 1 to Motion for Reconsideration, #2 Exhibit Exhibit 1a to Motion for Reconsideration, #3 Exhibit Exhibits-1b thru 6 of Motion for Reconsideration)(Harris, W.) |
Filing 94 ORDER denying #78 Motion to Compel Production of Documents from Caterpillar, Inc. and Request to Complete30(b)(6) Deposition. Signed by Judge Clarence Cooper on 8/4/2009. (vs) |
Filing 93 NOTICE by Caterpillar, Inc. Certificate of Consent to Withdrawal of Counsel (Marsh, C.) |
Submission of #87 MOTION in Limine to Exclude Plaintiff's Expert Ellis Severietti and Incorporated Memorandum of Law, submitted to District Judge Clarence Cooper. (vs) |
Filing 92 RESPONSE in Opposition re #87 MOTION in Limine to Exclude Plaintiff's Expert Ellis Severietti and Incorporated Memorandum of Law filed by ACE American Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C-1, #4 Exhibit Exhibit C-2, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G)(Woodhouse, Samuel) |
Filing 91 NOTICE Of Filing Response to Motion in Limine by ACE American Insurance Company re #87 MOTION in Limine to Exclude Plaintiff's Expert Ellis Severietti and Incorporated Memorandum of Law (Attachments: #1 Exhibit Deposition of Benny Orr - Part 1 of 3, #2 Exhibit Deposition of Benny Orr - Part 2 of 3, #3 Exhibit Deposition of Benny Orr - Part 3 of 3, #4 Exhibit Deposition of Benny Orr - Exhibits, #5 Exhibit Deposition of Jamy Alewine - Part 1 of 1, #6 Exhibit Deposition of Joey Adams - Part 1 of 4, #7 Exhibit Deposition of Joey Adams - Part 2 of 4, #8 Exhibit Deposition of Joey Adams - Part 3 of 4, #9 Exhibit Deposition of Joey Adams - Part 4 of 4, #10 Exhibit Deposition of Joey Adams - Exhibits 1 of 4, #11 Exhibit Deposition of Joey Adams - Exhibits 2 of 4, #12 Exhibit Deposition of Joey Adams - Exhibits 3 of 4, #13 Exhibit Deposition of Robert N. Niemeier - Part 1 of 2, #14 Exhibit Deposition of Robert N. Niemeier - Part 2 of 2, #15 Exhibit Deposition of Robert N. Niemeier - Exhibits 1 of 3, #16 Exhibit Deposition of Robert N. Niemeier - Exhibits 2 of 3, #17 Exhibit Deposition of Robert N. Niemeier - Exhibits 3 of 3, #18 Exhibit Deposition of J. Wesley Trammell - Part 1 of 1, #19 Exhibit Deposition of J. Wesley Trammell - Exhibits, #20 Exhibit Deposition of Charles Grier - Part 1 of 3, #21 Exhibit Deposition of Charles Grier - Part 2 of 3, #22 Exhibit Deposition of Charles Grier - Part 3 of 3, #23 Exhibit Deposition of Charles Grier - Exhibits 1 of 5, #24 Exhibit Deposition of Charles Grier - 2 of 5, #25 Exhibit Deposition of Charles Grier - Exhibits 3 of 5, #26 Exhibit Deposition of Charles Grier - Exhibits 4 of 5, #27 Exhibit Deposition of Charles Grier - Exhibits 5 of 5, #28 Exhibit Deposition of Ellis Severietti - Part 1, #29 Exhibit Deposition of Ellis Severietti - Part 2, #30 Exhibit Deposition of Ellis Severietti - Exhibits 1, #31 Exhibit Deposition of Ellis Severietti - Exhibits 2, #32 Exhibit Deposition of Ellis Severietti - Exhibits 3, #33 Exhibit Deposition of Ellis Severietti - Exhibits 4, #34 Exhibit Deposition of Ellis Severietti - Exhibits 5)(Woodhouse, Samuel) |
Filing 90 ORDER granting #89 Motion for Extension of Time through April 10, 2009, to file response re #87 MOTION in Limine to Exclude Plaintiff's Expert Ellis Severietti and Incorporated Memorandum of Law. Signed by Judge Clarence Cooper on 4/3/2009. (vs) |
Filing 89 Unopposed MOTION for Extension of Time File Response re: #87 MOTION in Limine to Exclude Plaintiff's Expert Ellis Severietti and Incorporated Memorandum of Law by ACE American Insurance Company. (Woodhouse, Samuel) |
Filing 88 Proposed Pretrial Order Consolidated by ACE American Insurance Company, Caterpillar, Inc., CW Mill Equipment Co. Inc., Martin Tractor Company, Inc.. (Waterway, Kenneth) |
Filing 87 MOTION in Limine to Exclude Plaintiff's Expert Ellis Severietti and Incorporated Memorandum of Law with Brief In Support by Caterpillar, Inc., Martin Tractor Company, Inc.. (Waterway, Kenneth) |
Filing 86 Notice to Take Deposition of 30(b)(6) Corporate Representative on March 16, 2009 by ACE American Insurance Company.(Woodhouse, Samuel) Modified on 3/16/2009 to edit text to accurately reflect document being filed(vs). |
Filing 85 Notice to Take Deposition of Charlie Greer on March 16, 2009 by ACE American Insurance Company.(Woodhouse, Samuel) Modified on 3/16/2009 to edit text to show document filed is a notice to take deposition and not the actual deposition as originally filed(vs). |
Filing 84 Notice to Take Depositon of Ray Garrett on March 13, 2009 by ACE American Insurance Company.(Woodhouse, Samuel) Modified on 3/16/2009 to edit text to accurately reflect document filed(vs). |
Submission of #78 MOTION to Compel Production of Documents from Caterpillar, Inc. and Request to Complete 30(b)(6) Deposition, submitted to District Judge Clarence Cooper. (vs) |
Filing 83 MOTION to Substitute Attorney Frederick A. Badingby Martin Tractor Company, Inc.. (Bading, Frederick) |
Filing 82 NOTICE to Take Deposition of Ellis E. Sererietti filed by Caterpillar, Inc. (Waterway, Kenneth) |
Filing 81 RESPONSE re #78 MOTION to Compel Production of Documents from Caterpillar, Inc. and Request to Complete 30(b)(6) Deposition filed by Caterpillar, Inc.. (Waterway, Kenneth) |
Filing 80 Notice for Leave of Absence, by C. Bradford Marsh. (Marsh, C.) |
Filing 79 CERTIFICATE OF SERVICE of Discovery by Martin Tractor Company, Inc..(Bading, Frederick) |
Filing 78 MOTION to Compel Production of Documents from Caterpillar, Inc. and Request to Complete 30(b)(6) Deposition by CW Mill Equipment Co. Inc.. (James, David) |
Filing 77 ORDER setting Settlement Conference for 2/9/2009 at 02:00 PM before Judge Clarence Cooper. Signed by Judge Clarence Cooper on 1/28/2009. (ank) |
Clerks Certificate of Mailing as to Sherylle A.O. Gordon re #77 Order (ank) |
Filing 76 Caterpillar Inc.'s Identification of Experts by Caterpillar, Inc.. (Waterway, Kenneth) Modified on 1/28/2009 to accurately reflect e-filed pleading (fap). |
Filing 75 NOTICE to Take Deposition of 30(b)(6) of Martin Tractor Company, Inc. filed by CW Mill Equipment Co. Inc. (James, David) |
Filing 74 NOTICE to Take Deposition of 30(b)(6) of Caterpillar, Inc. filed by CW Mill Equipment Co. Inc. (James, David) |
Filing 73 First NOTICE to Take Deposition of Ellis E. Sererietti filed by CW Mill Equipment Co. Inc. (James, David) |
Filing 72 Supplemental Initial Disclosures by CW Mill Equipment Co. Inc..(James, David) |
Filing 71 NOTICE of Change of Firm Name for Sherylle A. O. Gordon, Kenneth W. Waterway, counsel for Caterpillar, Inc. (vs) Modified on 1/9/2009 to edit text (vs). |
Filing 70 ORDER granting #65 Application for Admission of Sherylle A.O. Gordon Pro Hac Vice. Signed by Judge Clarence Cooper on 12/30/08. (vs) |
Filing 69 CERTIFICATE OF SERVICE 2nd Request For Production to Caterpillar, Inc. by CW Mill Equipment Co. Inc..(James, David) |
Filing 68 CERTIFICATE OF SERVICE Request For Production to Martin Tractor Company by CW Mill Equipment Co. Inc..(James, David) |
APPROVAL by Clerks Office re: #65 APPLICATION for Admission of Sherylle A.O. Gordon Pro Hac Vice. Attorney Sherylle A. O. Gordon added appearing on behalf of Caterpillar, Inc. (bcg) |
Filing 67 CERTIFICATE OF SERVICE of Amended Notice of Taking Deposition of Roger West by Caterpillar, Inc..(Broach, Ashley) |
Filing 66 CERTIFICATE OF SERVICE by Caterpillar, Inc..(Marsh, C.) |
Filing 65 APPLICATION for Admission of Sherylle A.O. Gordon Pro Hac Viceby Caterpillar, Inc.Filing Fee received $150.00, Receipt #7464. (Attachments: #1 Text of Proposed Order)(vs) |
Filing 64 CERTIFICATE OF SERVICE by Caterpillar, Inc..(Broach, Ashley) |
Filing 63 CERTIFICATE OF SERVICE by Caterpillar, Inc..(Broach, Ashley) |
Filing 62 CERTIFICATE OF SERVICE for First Request of Production to Defendant Caterpillar, Inc. by CW Mill Equipment Co. Inc..(James, David) |
Filing 61 ORDER granting #59 Joint Motion for Extension of Time to Complete Discovery Discovery ends on 1/28/2008.Signed by Judge Clarence Cooper on 10/31/08. (vs) |
Filing 60 Notice for Leave of Absence, by David Reuel James. (James, David) |
Filing 59 Amended Joint MOTION for Extension of Time to Complete Discovery by ACE American Insurance Company. (Woodhouse, Samuel) Modified on 10/30/2008 (vs). |
Filing 58 Joint MOTION for Extension of Time to Complete Discovery by ACE American Insurance Company. (Woodhouse, Samuel) |
Filing 57 CERTIFICATE OF SERVICE of Discovery Materials by Martin Tractor Company, Inc..(Bading, Frederick) |
Filing 56 NOTICE of Hearing: Settlement Conference set for 10/16/2008 02:30 PM before Judge Clarence Cooper. (pds) |
Filing 55 SCHEDULING ORDER: Discovery ends on 10/28/2008. Signed by Judge Clarence Cooper on 9/22/2008. (gar) |
Filing 54 PROTECTIVE ORDER (Joint Stipulation of Confidentiality) Signed by Judge Clarence Cooper on 9/18/08. (vs) |
Filing 53 STIPULATION of Confidentiality (Joint) by Caterpillar, Inc.. (Broach, Ashley) |
Filing 52 CERTIFICATE OF SERVICE First Request for Production of Documents to Non-Party Adams Clearing Company, LLC by CW Mill Equipment Co. Inc..(James, David) |
Filing 51 ORDER granting #49 Application for Admission Pro Hac Vice of Kenneth W. Waterway. Signed by Judge Clarence Cooper on 8/22/2008. (alc) |
APPROVAL by Clerks Office re: #49 APPLICATION for Admission of Kenneth W. Waterway Pro Hac Vice. Attorney Kenneth W. Waterway added appearing on behalf of Caterpillar, Inc. (cdg) |
Filing 49 APPLICATION for Admission of Kenneth W. Waterway Pro Hac Viceby Caterpillar, Inc..Filing Fee received $150.00, Receipt #3387. (Attachments: #1 Text of Proposed Order)(vs) |
Notification of Docket Correction re 50 Order, Order Allowing Case to Proceed, Order Directing Service by Clerk (Document filed in wrong case)(vs) |
Filing 48 CERTIFICATE OF SERVICE for Request for Copies to Martin Tractor Company by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 47 CERTIFICATE OF SERVICE for Request for Copies to C.W. Mill Equipment Co., Inc. by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 46 CERTIFICATE OF SERVICE for Request for Copies to Caterpillar, Inc. by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 45 STIPULATION for Extension of Time by Martin Tractor Company, Inc.. (Chung, Eulryoung) |
Filing 44 CERTIFICATE OF SERVICE First Request to Produce Documents to Non-Party Adams Grading Company, Inc. by CW Mill Equipment Co. Inc..(James, David) |
Filing 43 CERTIFICATE OF SERVICE First Request to Produce Documents to Non-Party Wes-Ben Company, Inc. by CW Mill Equipment Co. Inc..(James, David) |
Filing 42 STIPULATION for an Extension of Time to Respond to Defendant Caterpillar Inc.'s First Interrogatories and Request for Production to Plaintiff by ACE American Insurance Company. (Woodhouse, Samuel) |
Filing 41 ORDER approving #17 Joint Preliminary Report and Discovery Plan with Discovery extended to October 28, 2008. Signed by Judge Clarence Cooper on 7/28/08. (vs) |
Filing 40 STIPULATION by Caterpillar, Inc.. (Marsh, C.) |
Filing 39 CERTIFICATE OF SERVICE by Caterpillar, Inc..(Marsh, C.) |
Filing 38 CERTIFICATE OF SERVICE First Request to Production Documents to Plaintiff by CW Mill Equipment Co. Inc..(James, David) |
Filing 37 CERTIFICATE OF SERVICE First Interrogatories to Plaintiff by CW Mill Equipment Co. Inc..(James, David) |
Filing 36 STIPULATION for Extension of Time by CW Mill Equipment Co. Inc.. (James, David) |
Filing 35 CERTIFICATE OF SERVICE Response to Plaintiff's Request for Production of Documents by CW Mill Equipment Co. Inc..(James, David) |
Filing 34 CERTIFICATE OF SERVICE Response to Plaintiff's Interrogatories by CW Mill Equipment Co. Inc..(James, David) |
Filing 33 Initial Disclosures by Martin Tractor Company, Inc.. (Attachments: #1 Exhibits to Martin Tractor Company's Initial Disclosure)(Chung, Eulryoung) |
Filing 32 Initial Disclosures by CW Mill Equipment Co. Inc..(James, David) |
Filing 31 CERTIFICATE OF SERVICE of Discovery Materials by Martin Tractor Company, Inc..(Chung, Eulryoung) |
Filing 30 Certificate of Interested Persons by Martin Tractor Company, Inc.. (Chung, Eulryoung) |
Filing 29 Initial Disclosures by Martin Tractor Company, Inc..(Chung, Eulryoung) |
Filing 28 NOTICE by ACE American Insurance Company Withdrawal of Kathryn E. Stone, Esquire as Counsel (Woodhouse, Samuel) |
Filing 27 Certification of Consent to Substitution of Counsel. Samuel S. Woodhouse, III replacing attorney Kimberly L. Johnson. (Woodhouse, Samuel) |
Filing 26 CERTIFICATE OF SERVICE for First Request for Production of Documents to Plaintiff by Caterpillar, Inc..(Broach, Ashley) |
Filing 25 CERTIFICATE OF SERVICE for First Set of Interrogatories to Plaintiff by Caterpillar, Inc..(Broach, Ashley) |
Filing 24 CERTIFICATE OF SERVICE for Request for Production of Documents Directed to Defendant Martin Tractor Co., Inc. by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 23 CERTIFICATE OF SERVICE for Interrogatories Directed to Defendant Martin Tractor Co., Inc. by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 22 CERTIFICATE OF SERVICE for Request for Production of Documents Directed to Defendant CW Mill Co., Inc. by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 21 CERTIFICATE OF SERVICE for Interrogatories Directed to Defendant CW Mill Co., Inc. by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 20 CERTIFICATE OF SERVICE for Plaintiff's Request for Production of Documents Directed to Defendant Caterpillar, Inc. by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 19 CERTIFICATE OF SERVICE for Plaintiff's Interrogatories Directed to Defendant Caterpillar, Inc. by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 18 CERTIFICATE OF SERVICE for Plaintiff's Initial Disclosures by ACE American Insurance Company.(Woodhouse, Samuel) |
Filing 17 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by ACE American Insurance Company. (Woodhouse, Samuel) |
Filing 16 Initial Disclosures by Caterpillar, Inc..(Broach, Ashley) |
Filing 15 Corporate Disclosure Statement by CW Mill Equipment Co. Inc. (James, David) Modified on 4/18/2008 to correct text to accurately reflect e-filed document (sjk). |
Filing 14 ANSWER to COMPLAINT by CW Mill Equipment Co. Inc..(James, David) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 13 Corporate Disclosure Statement by Martin Tractor Company, Inc. (Chung, Eulryoung) Modified on 4/11/2008 to remove duplicative text from entry (ekb). |
Filing 12 ORDER TO EXTEND TIME TO ANSWER. Dft CW Mill shall have through and including April 18, 2008 to answer complaint. Signed by Judge Thomas W. Thrash, Jr for Judge Clarence Cooper on 4/8/08. (vs) |
Filing 11 Corporate Disclosure Statement by Caterpillar, Inc. by Caterpillar, Inc..(Broach, Ashley) |
Filing 10 DEMAND for Trial by Jury by Caterpillar, Inc.. (Broach, Ashley) |
Filing 9 ANSWER to #1 COMPLAINT by Caterpillar, Inc..(Broach, Ashley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 8 ANSWER to #1 COMPLAINT with Jury Demand by Martin Tractor Company, Inc.. Discovery ends on 8/28/2008.(White, R.) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 7 PROPOSED CONSENT ORDER Extending Time to File Answer. (Harris, W.) Modified on 4/4/2008 (vs). |
Filing 6 ORDER TO EXTEND TIME TO ANSWER. Dft Caterpillar Inc., shall have up to and including Tuesday, April 1, 2008 to file its answer to pla's complaint. Signed by Judge Clarence Cooper on 3/27/08. (vs) |
Filing 5 PROPOSED CONSENT ORDER Extending Time to Answer. (Marsh, C.) Modified on 3/27/2008 to delete double wording in text (vs). |
Filing 4 Return of Service Executed by ACE American Insurance Company. Caterpillar, Inc. served on 3/5/2008, answer due 3/25/2008. (Woodhouse, Samuel) |
Filing 3 Return of Service Executed by ACE American Insurance Company. Martin Tractor Company, Inc. served on 3/10/2008, answer due 3/31/2008. (Woodhouse, Samuel) |
Filing 2 Return of Service Executed by ACE American Insurance Company. CW Mill Equipment Co. Inc. served on 3/10/2008, answer due 3/31/2008. (Woodhouse, Samuel) |
Filing 1 COMPLAINT filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 574929.), filed by ACE American Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summons)(vs) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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