James v. Terex Corporation
| John James |
| Terex Corporation |
| 5:2016cv00060 |
| July 22, 2016 |
| US District Court for the Southern District of Georgia |
| Waycross Office |
| Pierce |
| R. Stan Baker |
| Lisa G. Wood |
| Other Contract |
| 28 U.S.C. ยง 1446 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
196
ORDER sustaining in part and overruling in part 180 Response filed by Row Equipment, Inc. re 172 Bill of Costs filed by Terex USA, LLC d/b/a Terex Environmental Equipment. The Clerk of Court is directed to enter an amended Bill of Costs as outlined herein. Signed by District Judge R. Stan Baker on 1/18/2022. (pts)
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Filing
195
ORDERED that the 194 USCA Mandate for the 11th Circuit is made the Order of this Court. Signed by District Judge R. Stan Baker on 6/24/21. (wwp)
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Filing
184
ORDER granting 181 Motion to defer costs, and the Court will reserve ruling on Defendant's Bill of Costs. The Court ORDERS Plaintiff to supplement its Motion for New Trial with citations to the trial transcript within twenty-one (21) days of the date of this Order. Signed by District Judge R. Stan Baker on 6/3/20. (wwp)
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Filing
170
JUDGMENT in favor of Terex USA, LLC against Row Equipment, Inc. This case stands closed. Signed by District Judge R. Stan Baker on 1/17/20. (wwp)
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Filing
148
ORDER SUSTAINING IN PART and OVERRULING IN PART the objections raised in the Joint Deposition Designations for witnesses Barry De Lau, 111 , Thomas Feichtinger, 112 , and Matthew Sanders, 115 . Signed by District Judge R. Stan Baker on 12/6/19. (jrb)
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Filing
131
The Court GRANTS IN PART, DENIES IN PART and DEFERS ITS RULING IN PART Terex's Motion in Limine to Exclude Previously Unidentified Witnesses, 82 , GRANTS IN PART and DENIES WITHOUT PREJUDICE IN PART Terex's Motion in Limine to Exclude Lay Opinions, 83 , and DENIES WITHOUT PREJUDICE Terex's Motion in Limine to Exclude Testimony on the Operation and Repair of the Chippers, 84 . As to ROW's Motion in Limine, the Court DEFERS ITS RULING as to Part 1, and DENIES Part 2 of that Motion, 97 . Signed by District Judge R. Stan Baker on 11/21/19. (jrb)
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Filing
70
ORDER and NOTICE of TRIAL PREPARATION REQUIREMENTS. Signed by District Judge R. Stan Baker on 6/10/19. (wwp)
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Filing
69
ORDER denying 60 Motion for Entry of Judgment under Rule 54(b). Signed by District Judge R. Stan Baker on 4/30/19. (wwp)
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Filing
57
ORDER granting in part and denying in part 46 Motion for Summary Judgment. The Court GRANTS summary to Defendant Terex USA, LLC, as to all claims asserted against it by Plaintiff John James and terminates Plaintiff James as a party to this case. Additionally, the Court GRANTS summary judgment to Defendant on Plaintiff ROW Equipment, Inc.'s claims for fraudulent inducement, breach of contract and breach of the implied warranty of merchantability. Summary judgment is also GRANTED in favo r of Defendant as to both Plaintiffs' requests for relief in the form of rescission and punitive damages. However, the Court DENIES summary judgment as to Plaintiff ROW Equipment, Inc.'s claim that Defendant Terex USA, LLC breached its Sta ndard Warranty by supplying chippers that were defective and by not providing timely, effective repair services. Summary judgment is also DENIED as to Plaintiff ROW Equipment, Inc.'s claim for attorneys fees. These claims shall remain pending before the Court. Signed by District Judge R. Stan Baker on 11/16/18. (jrb)
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Filing
38
ORDER denying Defendant Terex USA, LLC d/b/a Terex Environmental Equipment's 33 Motion for Partial Judgment on the Pleadings. Signed by Judge Lisa G. Wood on 5/16/2017. (ca)
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Filing
28
ORDER denying as moot Defendant's first 4 Motion to Dismiss; granting Defendant Terex Financial Services, Inc.'s second 19 Motion to Dismiss. Signed by Chief Judge Lisa G. Wood on 12/12/2016. (ca)
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Filing
23
ORDER granting Defendant's 5 Motion to Stay and Plaintiff's 17 Motion to Amend/Correct to Substitute Parties. The Clerk is DIRECTED to file Plaintiff's proposed complaint (doc. 17, pp. 5-13), as a separate document on the docket of this case docketed as Plaintiff's First Amended Complaint. The Court finds good cause to stay this case until time as a ruling is made on Defendant's 19 Motion to Dismiss. Signed by Magistrate Judge R. Stan Baker on 9/20/2016. (ca)
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| Plaintiff: John James | |
| Represented By: | Brent J. Savage |
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| Defendant: Terex Corporation | |
| Represented By: | Jeff C. Grotta |
| Represented By: | Cary E. Hiltgen |
| Represented By: | Jeffrey S. Ward |
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