Lyon, et al v. Caterpillar, Inc
Plaintiff: Paul E Lyon
Defendant: Caterpillar, Inc
Case Number: 1:2000cv01376
Filed: November 8, 2000
Court: US District Court for the Central District of Illinois
Presiding Judge: John A Gorman
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 12, 2005. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2005 Filing 133 Receipt from atty Tim Bertschy as withdrawing #79 SEALED Memorandum of Points and Authorities. (TK, ilcd)
December 8, 2005 Opinion or Order Filing 132 ORDER re 84 Waiver of Judicial Disqualification is destroyed by Clerk as case is closed and #79=Sealed Memorandum of Points & Authorities in Opposition to Plaintiff's motion for Class Certification filed in Philadelphia, PA; not in CDIL and is not on CDIL docket sheet returned to Tim Bertschy by Clerk. Entered by Judge Michael M. Mihm on 12/8/5. (HK, ilcd)
March 10, 2004 Opinion or Order Filing 131 Agreed ORDER of dismissal by Mag. Judge John A. Gorman. Case dismissed with prejudice pursuant to Rule 41 (a)(2) with each party to bear its own costs. The Court retains jurisdiction of this case for 35 days. All prior deadlines are vacated. (cc: all counsel) (TR, ilcd)
March 10, 2004 MINUTE-ENTRY: Before Mag. Judge John A. Gorman. Parties present in person by Attys Galati and T. Bertschy for settlement conference at 1:00 p.m on Wednesday, 3/10/04 - same held. Case is settled, all deadlines vacated and 35 day order of dismissal to enter. (cc: all counsel) (TR, ilcd)
February 25, 2004 MINUTE-ENTRY: Before Mag. Judge John A. Gorman. Parties present via phone by Attys Galati and Bertschy for telephone status conference at 2:00 p.m. on Wednesday, 2/25/04 Same held. Counsel request settlement conference. Case set for settlement conference at 1:00 p.m. on Wednesday, 3/10/04, in person in Peoria. Counsel to have someone with settlement authority present or immediately available by phone. Counsel to submit confidential letter regarding settlement to the Court by 3/9/04. (cc: all counsel) (TR, ilcd)
February 6, 2004 MINUTE-ENTRY: Before Mag. Judge John A. Gorman. Case set for telephone status hearing on Wednesday, 2/25/04 at 2:00 p.m.; Court to set up the call. (cc: all counsel) (TR, ilcd)
November 21, 2003 Filing 130 NOTICE of service of documents by defendant Caterpillar, Inc (HK, ilcd)
August 26, 2003 Filing 129 ANSWER/AFFIRMATIVE DEFENSES TO FOURTH AMENDED COMPLAINT by defendant Caterpillar, Inc; jury demand (CAD, ilcd)
August 26, 2003 MINUTE-ENTRY: by Mag. Judge John A. Gorman Case set for Final Pretrial Conference on Friday, 4/9/04 at 10:00 am is canceled and is reset to Thursday 4/8/04 at 10:00 am; in person. (cc: all counsel) (TR, ilcd)
August 25, 2003 MINUTE-ENTRY: by Mag. Judge John A. Gorman granting motion to extend time to to file reply to Plaintiff's 4th Amended Complaint/Affirmative Defenses & Counterclaim/answer [128-1] The response shall be filed on or before 8/27/03 . (cc: all counsel) (RK, ilcd)
August 22, 2003 Filing 128 MOTION by defendant Caterpillar, Inc to extend time to to file reply to Plaintiff's 4th Amended Complaint/Affirmative Defenses & Counterclaim/answer (HK, ilcd)
August 8, 2003 Filing 127 FOURTH AMENDED COMPLAINT & JURY DEMAND by plaintiff Paul E Lyon;[113-1] (HK, ilcd)
July 25, 2003 Opinion or Order Filing 126 ORDER by Mag. Judge John A. Gorman granting motion to dismiss count III of third amended complaint and jury [117-1] with leave to file amended complaint within 14 days or by misc ddl of 8/8/03 and Caterpillar has 14 days thereafter or by other ddl of 8/22/03 to answer or otherwise plead. (cc: all counsel) (S, ilcd)
June 20, 2003 Filing 125 Sur REPLY by plaintiff Paul E Lyon in opposition to defendant's motion to dismiss count III of third amended complaint and jury demand [117-1] (TR, ilcd)
June 10, 2003 MINUTE-ENTRY: by Mag. Judge John A. Gorman granting motion for leave to file sur-reply to Defendant's reply to Plaintiff's response to defendants motion to dismiss count III of third amended complaint [124-1] (cc: all counsel) (HK, ilcd)
June 10, 2003 Filing 124 MOTION by plaintiff Paul E Lyon for leave to file sur-reply to Defendant's reply to Plaintiff's response to defendants motion to dismiss count III of third amended complaint (CAD, ilcd)
May 29, 2003 Filing 123 MEMORANDUM OF LAW IN SUPPORT of reply to Plaintiff's Response to Defendant's motion to dismiss Count III of Third Amended Complaint [122-1] by defendant Caterpillar, Inc (HK, ilcd)
May 29, 2003 Filing 122 REPLY by defendant Caterpillar, Inc to Plaintiff's response to Defendant's motion to dismiss Count III of Third Amended Complaint [119-1] (HK, ilcd)
May 22, 2003 MINUTE-ENTRY: by Mag. Judge John A. Gorman granting motion for leave to file Reply to Plaintiff's Response to Defendant's Motion to Dismiss Count III of the Third Complaint [121-1] (cc: all counsel) (HK, ilcd)
May 21, 2003 Filing 121 MOTION by defendant Caterpillar, Inc for leave to file Reply to Plaintiff's Response to Defendant's Motion to Dismiss Count III of the Third Amended Complaint (ML, ilcd)
May 9, 2003 Filing 120 Plaintiff's MEMORANDUM of law IN OPPOSITION to Defendant's motion to dismiss Count III of the Third Amended Complaint [119-1] by plaintiff Paul E Lyon with proposed order (HK, ilcd) Modified on 05/09/2003
May 9, 2003 Filing 119 RESPONSE by plaintiff Paul E Lyon to Defendant's motion to dismiss count III of third amended complaint and jury demand (HK, ilcd)
May 1, 2003 MINUTE-ENTRY: by Mag. Judge John A. Gorman. Attys Mattioni and Galati/Bertschy present via phone for status conference at 10:30 on Thurs, 5/1/03 - same held. Court vacates previous dates and enters the following schedule: discovery ddl 11/21/03 , motion filing ddl 12/19/03 , final pretrial conference set for 10:00 on 4/9/04 , and jury trial set for 9:00 on 5/10/04 both in person in Peoria before Judge Gorman. (cc: all counsel) (KB, ilcd)
April 24, 2003 Filing 118 MEMORANDUM IN SUPPORT of motion to dismiss count III of third amended complaint and jury demand [117-1] by defendant Caterpillar, Inc (KB, ilcd)
April 24, 2003 Filing 117 MOTION by defendant Caterpillar, Inc to dismiss count III of third amended complaint and jury demand (KB, ilcd)
April 24, 2003 Filing 116 AFFIRMATIVE DEFENSES filed by defendant Caterpillar, Inc (KB, ilcd)
April 24, 2003 Filing 115 ANSWER to Counts I and II of Third Amended Complaint by defendant Caterpillar, Inc; jury demand (KB, ilcd)
April 10, 2003 Opinion or Order Filing 114 ORDER by Mag. Judge John A. Gorman: The motion to dismiss and for fees [111-1] is denied in its entirety. Defendant's response to the Third Amended Complaint shall be filed within fourteen days of the date of this order ( misc ddl set 4/24/03 ). This case is set for telephone status conference on Thursday, 5/1/03 at 10:30 a.m. At that time the court will hear the parties' explanations for failing to complete discvoery in a timely manner and will consider their suggestions for resolving this predicament. (cc: all counsel) (CAD, ilcd)
April 8, 2003 Filing 113 THIRD AMENDED COMPLAINT by plaintiff Paul E Lyon; jury demand (KB, ilcd)
April 2, 2003 Filing 112 MEMORANDUM IN SUPPORT of motion to dismiss pursuant to Federal Rule of Civil Procedure 41(b) [111-1] by defendant (SH, ilcd)
April 2, 2003 Filing 111 MOTION by defendant to dismiss pursuant to Federal Rule of Civil Procedure 41(b) (SH, ilcd)
January 8, 2003 Opinion or Order Filing 110 ORDER by Mag. Judge John A. Gorman. The motion to dismiss second amended complaint [102-1] is allowed in part and denied in part. Counts I, II, V, VII and VIII are dismissed as a matter of law. Count VI may stand. Counts III and IV must be re-plead, including only the breach of express warranty claims. Plaintiff is directed to file a third amended complaint that comports with the rulings made herein. The complaint is to be filed within 14 days of the date of this order, ddl 1/22/03. Defendant to answer or otherwise plead within 14 days thereafter. (cc: all counsel) (KB, ilcd)
November 8, 2002 Filing 109 SUPPLEMENTAL MEMORANDUM by defendant Caterpillar, Inc to motion to dismiss second amended complaint [102-1] (SH, ilcd)
November 4, 2002 Filing 108 Supplemental MEMORANDUM of Law IN OPPOSITION to Defendant's motion to dismiss second amended complaint [102-1] by plaintiff Paul E Lyon (RK, ilcd)
October 22, 2002 MINUTE-ENTRY: by Mag. Judge John A. Gorman: Parties present via phone by attorneys Galati/Tadross/Bertschy for motion hearing held at 2:00 p.m. on Tuesday, 10/22/02. Arguments held in regard to Motion to Dismiss Second Amended Complaint [102-1]. Motion to Dismiss Second Amended Complaint [102-1] taken under advisement, written order to enter. Plaintiff is allowed ten days to respond to Defendant's newly submitted case law. Defendant has one week to reply to Plaintiff's response. (cc: all counsel) (CAD, ilcd)
October 3, 2002 MINUTE-ENTRY: by Mag. Judge John A. Gorman setting motion to dismiss second amended complaint [102-1] at 2:00 on 10/22/02 via phone, court to set up call. (cc: all counsel) (KB, ilcd)
October 2, 2002 Filing 107 MEMORANDUM IN SUPPORT of motion response [106-1] by plaintiff Paul E Lyon (KB, ilcd)
October 2, 2002 Filing 106 RESPONSE by plaintiff Paul E Lyon to motion to dismiss second amended complaint [102-1] (KB, ilcd)
September 3, 2002 Opinion or Order Filing 105 ORDER by Mag. Judge John A. Gorman granting motion to extend time 30 days to respond to dfts motion [104-1]. Plaintiff shall have to and including 10/2/02 to respond to motion to dismiss second amended complaint [102-1]. (cc: all counsel) (KB, ilcd)
August 30, 2002 Filing 104 UNOPPOSED MOTION by plaintiff Paul E Lyon to extend time 30 days to respond to dfts motion (KB, ilcd)
August 16, 2002 Filing 103 MEMORANDUM OF LAW IN SUPPORT of motion to dismiss second amended complaint [102-1] by defendant Caterpillar, Inc (HK, ilcd)
August 16, 2002 Filing 102 MOTION by defendant Caterpillar, Inc to dismiss second amended complaint (HK, ilcd)
July 18, 2002 Opinion or Order Filing 101 ORDER by Mag. Judge John A. Gorman granting motion to extend time to plead [100-1]. The defendant shall have to and including 8/16/02 to answer or otherwise plead. (cc: all counsel) (KB, ilcd)
July 17, 2002 Filing 100 MOTION by defendant Caterpillar, Inc to extend time to plead (KB, ilcd)
June 26, 2002 Filing 99 SECOND AMENDED COMPLAINT by plaintiff Paul E Lyon; jury demand [1-1] (HK, ilcd)
June 18, 2002 Opinion or Order Filing 98 ORDER by Mag. Judge John A. Gorman. Upon consideration of the plaintiff's motion to amend complaint [96-1] with accompanying Memorandum of Law and any and all responses thereto, IT IS HEREBY ORDERED that said motion is granted and the plaintiff is given leave to file an amended complaint in the form attached to the Motion as Exhibiti "A". Said Amended Complaint shall be filed within 10 days of the date of this order; misc ddl 7/2/02. (cc: all counsel) (KB, ilcd)
May 31, 2002 Filing 97 MEMORANDUM IN SUPPORT of motion to amend complaint [96-1] by plaintiff Paul E Lyon (WW, ilcd)
May 31, 2002 Filing 96 MOTION by plaintiff Paul E Lyon to amend complaint (WW, ilcd)
May 9, 2002 Opinion or Order Filing 95 REVISED SCHEDULING ORDER by Mag. Judge John A. Gorman filed and entered. (cc: all counsel) (KB, ilcd)
May 2, 2002 MINUTE-ENTRY: by Mag. Judge John A. Gorman. Attys Galati/Bertschy present for status conference at 9:30 on Thursday, 5/2/02. The court enters the following ddls: Discovery ddl 1/24/03 , motion filing ddl 2/27/03 , final pretrial conference set for 10:00 on Friday, 6/13/03 , and jury trial set for 9:00 on Monday, 7/21/03 in person in Peoria. Atty Bertschy to submit final scheduling order. (cc: all counsel) (KB, ilcd)
April 8, 2002 MINUTE-ENTRY: by Mag. Judge John A. Gorman: Parties present via phone by attorneys Mattioni/Galati/Bertschy for Telephone status hearing held at 3:00 p.m. on Monday, 4/8/02 . Parties are to submit proposed scheduling order to the Court by misc ddl of 4/30/02 . Telephone status hearing is set at 9:30 a.m. on Thursday, 5/2/02 to determine Final pretrial and Jury trial dates. Court is to set up the call. (cc: all counsel) (CAD, ilcd)
April 2, 2002 MINUTE-ENTRY: by Mag. Judge John A. Gorman. Case previously set for status hearing at 2:30 on 4/2/02 is cancelled and reset for status hearing at 3:00 on 4/8/02 court to set up call. (cc: all counsel) (KB, ilcd)
March 21, 2002 MINUTE-ENTRY: by Mag. Judge John A. Gorman. Status hearing set 2:30 Tues 4/2/02 to set trial dates . Hearing will be by phone. Court will set up call. (cc: all counsel) (S, ilcd)
November 26, 2001 MINUTE-ENTRY: by Mag. Judge John A. Gorman granting motion to withdraw attorney Steven D Wright [94-1]; attorney Steven Douglas Wright withdrawn for Paul E Lyon (cc: all counsel) (SH, ilcd)
November 9, 2001 Filing 94 MOTION by plaintiff Paul E Lyon to withdraw attorney Steven D Wright (SH, ilcd)
October 26, 2001 Filing 93 NOTICE of service of documents by plaintiff Paul E Lyon (KB, ilcd)
April 2, 2001 Opinion or Order Filing 92 ORDER by Mag. Judge John A. Gorman granting motion for substitution of counsel by dft to allow Atty Tim Bertschy and Mark Hansen to enter their appearances [91-1]. (cc: all counsel) (KB, ilcd)
March 30, 2001 Filing 91 MOTION by defendant Caterpillar, Inc for substitution of counsel by Atty Tim Bertschy and Mark Hansen (KB, ilcd)
March 1, 2001 Filing 90 LETTER from Atty James H Keale re: appearance and advising they will not be appearing since case has been transferred to Central District of Illinois (SH, ilcd)
January 31, 2001 Opinion or Order Filing 89 CONSENT/ORDER of reference by Judge Michael M. Mihm; this case may proceed before Mag. Judge John A. Gorman with consent of parties (cc: all counsel) (WW, ilcd)
January 22, 2001 Filing 88 ATTORNEY APPEARANCE for plaintiff Paul E Lyon by Steven D Wright of Phebus (WW, ilcd)
January 11, 2001 MINUTE-ENTRY: by Mag. Judge John A. Gorman. Parties present in person by T. Bertschy/via phone Steve Wright for Rule conference. Same held 1/11/01 11:00. Discussion held re class certification. All discovery to be completed by 7/1/02. Discovery schedule approved. Magistrate consent form given to counsel. Parties to notify Court within 2 weeks re:consent to magistrate; after notification, mag judge will set ddl for dispositive motions and dates for final pre trial and jury trial accordingly. (cc: all counsel)(amended 1/31/01 per Mag Judge Gorman & re-sent to all counsel by Clerk) (HK, ilcd) Modified on 01/31/2001
January 8, 2001 Opinion or Order Filing 87 ORDER by Chief Judge Joe B. McDade. I hereby recuse myself from further proceedings in this case pursuant to Section 455(a) and (b) of Title 28, United States Code. IT IS ORDERED that the Clerk reassign this case to United States District Judge Michael M. Mihm, and all further pleadings should be directed to Judge Mihm. (cc: all counsel) (RK, ilcd)
January 5, 2001 Opinion or Order Filing 86 ORDER by Mag. Judge John A. Gorman granting motion to withdraw attorney Douglas S Grandstaff [85-1]; terminating attorney Douglas S Grandstaff for Caterpillar, Inc (cc: all counsel) (SH, ilcd)
January 5, 2001 Filing 85 MOTION by defendant Caterpillar, Inc to withdraw attorney Douglas S Grandstaff with proposed Order (RK, ilcd) Modified on 01/05/2001
January 4, 2001 Filing 84 Responses to Notice Concerning WAIVER of Judicial Disqualification returned to Clerk under SEAL. Judge McDade notified of his need to recuse. (HK, ilcd)
December 19, 2000 Filing 83 Notice Concerning WAIVER of Judicial Disqualification issued to parties re: Heyl Royster. Parties are to respond to the waiver under seal to the Clerk by misc ddl of 1/3/01. (HK, ilcd)
December 19, 2000 MINUTE-ENTRY: by Mag. Judge John A. Gorman; Initial pretrial/ Rule 16 conference set at 11:00 a.m. on Thursday, 1/11/01 in person. Rule 16 notice enclosed. (cc: all counsel) (WW, ilcd)
December 14, 2000 Opinion or Order Filing 82 ORDER of substitution of counsel by Mag. Judge John A. Gorman granting motion to substitute attorney [81-1]. Attorneys Alexander B Berger, Gregory L Baker, Gregory James Commins Jr, and Robert G Abrams terminated in the case and substituting attorneys Timothy L Bertschy and Mark D Hansen for Caterpillar, Inc (cc: all counsel) (WW, ilcd)
December 13, 2000 Filing 81 MOTION by defendant Caterpillar, Inc to substitute attorney (to substitute Tim Bertschy, Mark Hansen in place of Howery Simon Arnold & White as counsel for Dft CAT) (CL, ilcd)
December 13, 2000 Filing 80 ATTORNEY APPEARANCE for defendant Caterpillar, Inc by Timothy Bertschy, Mark Hansen (CL, ilcd)
December 13, 2000 Filing 79 STIPULATION for substitution of counsel (CL, ilcd)
November 8, 2000 Filing 78 ORIGINAL FILE, certified copy of transfer order, and docket sheet received from Eastern Dist. of Pennsylvania (case #98-2510); documents #1 thru #77 received; letter mailed to all counsel advising of new case number for Peoria Division is 00-1376. Case referred to Mag. Judge John A. Gorman (RK, ilcd) Modified on 11/09/2000
March 22, 1999 Filing 6 ANSWER by defendant Caterpillar, Inc; jury demand (RK, ilcd)
May 14, 1998 Filing 1 COMPLAINT (summons(es) issued) filed. Case referred to Mag. Judge John A. Gorman (RK, ilcd)

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Search for this case: Lyon, et al v. Caterpillar, Inc
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Plaintiff: Paul E Lyon
Represented By: Dante Mattioni
Represented By: Eugene Mattioni
Represented By: Stephen J Galati
Represented By: Steven Douglas Wright
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Defendant: Caterpillar, Inc
Represented By: James H Keale
Represented By: Michael N Feder
Represented By: Michael S Seneca
Represented By: Robert G Abrams
Represented By: Timothy L Bertschy
Represented By: Alexander B Berger
Represented By: Douglas S Grandstaff
Represented By: Glenn P Callahan
Represented By: Gregory L Baker
Represented By: Gregory James Commins, Jr
Represented By: Mark D Hansen
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