James v. Terex Corporation
Plaintiff: John James
Defendant: Terex Corporation
Case Number: 5:2016cv00060
Filed: July 22, 2016
Court: US District Court for the Southern District of Georgia
Office: Waycross Office
County: Pierce
Presiding Judge: R. Stan Baker
Presiding Judge: Lisa G. Wood
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 24, 2021 Opinion or Order 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)
June 3, 2020 Opinion or Order 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)
January 17, 2020 Opinion or Order 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)
December 6, 2019 Opinion or Order 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)
November 21, 2019 Opinion or Order 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)
June 10, 2019 Opinion or Order Filing 70 ORDER and NOTICE of TRIAL PREPARATION REQUIREMENTS. Signed by District Judge R. Stan Baker on 6/10/19. (wwp)
April 30, 2019 Opinion or Order 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)
November 16, 2018 Opinion or Order 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)
May 16, 2017 Opinion or Order 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)
December 12, 2016 Opinion or Order 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)
September 20, 2016 Opinion or Order 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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