Caterpillar Inc. v. Esco Corporation
Plaintiff: Caterpillar Inc.
Defendant: Esco Corporation
Intervenor Plaintiff: Raptor Mining Products Inc. and Raptor Mining Products (USA) Inc.
Case Number: 1:2012cv01017
Filed: January 12, 2012
Court: US District Court for the Central District of Illinois
Office: Peoria Office
County: Peoria
Presiding Judge: John A Gorman
Referring Judge: Joe Billy McDade
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 27, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2014 Filing 70 JUDGMENT in a Civil Case (JRK, ilcd)
August 22, 2014 Opinion or Order Filing 69 ORDER DISMISSING CASE entered by Judge Joe Billy McDade on 8/22/2014. (KB, ilcd)
August 15, 2014 Filing 68 NOTICE/ORDER transferring case back from District of Nevada; Case number 2:12-cv-2174-RFB-NJK. (Attachments: #1 Docket Sheet 12-2174 Dist of Nevada, #2 Document 69, #3 Document 71)(KB, ilcd)
February 15, 2013 Opinion or Order STRICKEN - TEXT ORDER by Magistrate Judge John A. Gorman: Status Conference in re Final Order by CA7 set for 3/5/2013 at 11:00 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Entered on 2/15/13. (WW, ilcd) Modified on 2/15/2013 reflect this order is stricken (WW, ilcd).
February 15, 2013 Opinion or Order TEXT ORDER striking TEXT order of this same date as it was incorrectly docketed in the wrong case. No status conference is set for 3/5/13. Entered by Magistrate Judge John A. Gorman on 2/15/13. (WW, ilcd)
December 18, 2012 Case transferred to the District of Nevada. This case is terminated. (RK, ilcd)
December 18, 2012 Opinion or Order Filing 67 ORDER entered by Judge Joe Billy McDade on 12/18/12. In this case, the Court finds that the interests of justice, considered with the other 28 U.S.C. 1404(a) factors, call for this matter to be transferred to the District of Nevada. For the foregoing reasons, Defendant's Motion for Transfer of Venue #60 is GRANTED. The Clerk is directed to TRANSFER this matter to the United States District Court for the District of Nevada pursuant to 28 U.S.C. 1404(a). IT IS SO ORDERED. SEE FULL ORDER. (FDT, ilcd)
December 18, 2012 Opinion or Order TEXT ORDER denying #64 Motion for Status Conference and Hearing and #66 Motion for Leave to File Reply: As explained in the Court's Order on the Motion for Transfer of Venue #67 , these two Motions are DENIED. Entered by Judge Joe Billy McDade on 12/18/12. (JBM8, ilcd)
December 13, 2012 Filing 66 MOTION for Leave to File a Reply Brief in Support of its Motion for Transfer of Venue by Defendant Esco Corporation. Responses due by 1/2/2013 (Attachments: #1 Exhibit 1 - Reply in Support of its Motion for Transfer of Venue, #2 Exhibit N to Reply in Support, #3 Exhibit O to Reply in Support, #4 Exhibit P to Reply in Support, #5 Exhibit Q to Reply in Support, #6 Exhibit R to Reply in Support, #7 Exhibit S to Reply in Support)(Rechtien, Timothy)
December 13, 2012 Filing 65 MEMORANDUM in Opposition re #64 MOTION Caterpillar Inc.'s Motion for Status Conference and Hearing on Pending Motions filed by Counter Claimant Esco Corporation, Defendant Esco Corporation. (Lubben, David)
December 12, 2012 Filing 64 MOTION Caterpillar Inc.'s Motion for Status Conference and Hearing on Pending Motions by Plaintiff Caterpillar Inc.. Responses due by 1/2/2013 (Commins, Gregory)
December 5, 2012 Filing 63 MEMORANDUM in Opposition re #60 MOTION to Transfer Case filed by Plaintiff Caterpillar Inc.. (Attachments: #1 Affidavit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C)(Commins, Gregory)
November 27, 2012 Filing 62 MOTION to Continue the December 4, 2012 Hearing until after Briefing is Completed on ESCO Corporation's Motion for Transfer of Venue by Defendant Esco Corporation. Responses due by 12/14/2012 (Rechtien, Timothy)
November 27, 2012 Opinion or Order TEXT ONLY ORDER entered by Magistrate Judge John A. Gorman on 11/27/12 GRANTING #62 Motion to Continue. Rule 16 conference and motion hearing set on 12/4/12 is hereby CANCELLED. It will be reset, if necessary, following ruling on motion to transfer venue. Rulings on Motion to Amend #55 and Motion to Intervene #57 are DEFERRED pending ruling on motion to transfer venue.(FDT, ilcd)
November 21, 2012 Filing 61 MEMORANDUM in Support re #60 MOTION to Transfer Case filed by Counter Claimant Esco Corporation, Defendant Esco Corporation. (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)(Lubben, David)
November 21, 2012 Filing 60 MOTION to Transfer Case by Counter Claimant Esco Corporation, Defendant Esco Corporation. Responses due by 12/10/2012 (Lubben, David)
November 14, 2012 Opinion or Order TEXT ORDER by Magistrate Judge John A. Gorman: A document recently filed in this case exceeds 30 pages. The parties are reminded that if a document with attachments and exhibits is longer than 30 pages, a courtesy paper copy must be provided to the presiding judge's chambers. Local Rule CDIL 5.8. (WW, ilcd) (docs #55 - 59) (Entered: 11/14/2012)
November 13, 2012 Filing 59 MEMORANDUM in Opposition re #55 MOTION to Amend/Correct Caterpillar Inc.'s Motion for Leave to File a Second Amended Complaint filed by Defendant Esco Corporation. (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)(Rechtien, Timothy)
November 13, 2012 Filing 58 MEMORANDUM in Opposition re #57 MOTION to Intervene filed by Defendant Esco Corporation. (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)(Rechtien, Timothy)
October 30, 2012 Opinion or Order TEXT ORDER by Magistrate Judge John A. Gorman setting Motion Hearing in re #57 MOTION to Intervene and #55 MOTION to Amend/Correct Caterpillar Inc.'s Motion for Leave to File a Second Amended Complaint for Tuesday, 12/4/2012 at 10:00 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. This Motion Hearing will be held in conjunction with the previously set Rule 16 conference. Entered on 10/30/12. (WW, ilcd)
October 26, 2012 Filing 57 MOTION to Intervene by Intervenor Plaintiffs Raptor Mining Products Inc., Raptor Mining Products (USA) Inc.. Responses due by 11/13/2012 (Attachments: #1 Supplement Memorandum in Support of Raptor mining Products Inc. and Raptor Mining Products (USA) Inc.'s Motion to Intervene, #2 Affidavit Declaration of John L. Krieger in Support of Intervenors' Motion to Intervene, #3 Exhibit A to Declaration of John L. Krieger in Support of Intervenors' Motion to Intervene, #4 Exhibit B to Declaration of John L. Krieger in Support of Intervenors' Motion to Intervene, #5 Affidavit Declaration of Murray Smith in Support of Intervenors' Motion to Intervene)(Krieger, John)
October 26, 2012 Filing 56 MEMORANDUM in Support re #55 MOTION to Amend/Correct Caterpillar Inc.'s Motion for Leave to File a Second Amended Complaint filed by Plaintiff Caterpillar Inc.. (Attachments: #1 Appendix, #2 Text of Proposed Order)(Commins, Gregory)
October 26, 2012 Filing 55 MOTION to Amend/Correct Caterpillar Inc.'s Motion for Leave to File a Second Amended Complaint by Plaintiff Caterpillar Inc.. Responses due by 11/13/2012 (Commins, Gregory) (Additional attachment(s) added on 10/26/2012: #1 Commins, #2 Blumenshine, #3 Pence) (KB, ilcd).
October 26, 2012 Agreed Oral MOTION to Continue the Rule 16 conference currently set for 10/31/12 at 10:00 AM by Plaintiff Caterpillar Inc and Defendant Esco Corporation by their local counsel, Attys Bertschy and Lubben via phone call with chambers. (WW, ilcd)
October 26, 2012 Opinion or Order TEXT ORDER granting Agreed Oral Motion to Continue. Rule 16 Scheduling Conference set for 10/31/12 is cancelled and reset to Tuesday, 12/4/2012 at 10:00 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Entered by Magistrate Judge John A. Gorman on 10/26/12. (WW, ilcd)
September 24, 2012 Filing 54 AFFIRMATIVE DEFENSES re #53 Answer to Amended Complaint, Counterclaim Plaintiff Caterpillar Inc.'s Answer and Affirmative Defenses and Demand for Jury Trial to Defendant Esco Corp.'s Counterclaims by Plaintiff Caterpillar Inc.. (Commins, Gregory)
September 6, 2012 NOTICE of Hearing: At the request and agreement of counsel, the Rule 16 Scheduling Conference set for 9/26/12 at 11:00 AM is CANCELLED AND RESET to 10/31/2012 at 10:00 AM in Courtroom C in Peoria before Magistrate Judge John A. Gorman. An agreed proposed discovery plan is to be e-filed by ddl of 10/26/12.(WW, ilcd)
August 29, 2012 Filing 53 ANSWER to #28 Amended Complaint , COUNTERCLAIM against Caterpillar Inc. by Esco Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shifley, Charles)
August 22, 2012 Opinion or Order TEXT ORDER: Due to a conflict in the Court's calendar the Rule 16 Scheduling Conference set for 9/17/12 at 11:00 AM and CANCELLED and RESET to Wednesday, 9/26/2012 at 11:00 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. The ddl for filing the agreed proposed discovery plan is extended to 9/21/12. Entered by Magistrate Judge John A. Gorman on 8/22/12. (WW, ilcd)
August 17, 2012 Opinion or Order Filing 52 ORDER entered by Judge Joe Billy McDade on 8/17/2012. (Attachments: #1 Local Patent Rules)(RK, ilcd)
August 8, 2012 Filing 51 NOTICE of Appearance of Attorney by David G Lubben on behalf of Esco Corporation (Lubben, David)
August 7, 2012 Opinion or Order TEXT ORDER by Magistrate Judge John A. Gorman, granting #50 Motion for Extension of Time to Answer. Esco Corporation's answer shall be filed on or before 8/29/2012. Entered on 8/7/12. (JB, ilcd)
August 2, 2012 Opinion or Order TEXT ONLY ORDER entered by Magistrate Judge John A. Gorman on 8/2/12. Motion to withdraw and substitute #45 is GRANTED. Attorneys Sieve and Leavell are terminated as counsel for defendant. (The motion also mentions attorney Wiedenhammer, but no such attorney has entered an appearance in this case). Attorneys Shifley, Patel, DiSanto and Rechtien are added as counsel for defendant.(FDT, ilcd)
August 1, 2012 Filing 50 MOTION for Extension of Time to File Answer (AGREED) by Defendant Esco Corporation. Responses due by 8/20/2012 (Shifley, Charles)
August 1, 2012 Filing 49 NOTICE of Appearance of Attorney by Timothy J Rechtien on behalf of Esco Corporation (Rechtien, Timothy)
August 1, 2012 Filing 48 NOTICE of Appearance of Attorney by Louis DiSanto on behalf of Esco Corporation (DiSanto, Louis) Modified on 8/1/2012 (SW, ilcd).
August 1, 2012 Filing 47 NOTICE of Appearance of Attorney by Binal J Patel on behalf of Esco Corporation (Patel, Binal)
August 1, 2012 Filing 46 NOTICE of Appearance of Attorney by Charles W Shifley on behalf of Esco Corporation (Shifley, Charles)
August 1, 2012 Filing 45 MOTION to Withdraw as Attorney and For Substitution of Counsel by Defendant Esco Corporation. Responses due by 8/20/2012 (Attachments: #1 Text of Proposed Order Proposed Order)(Sieve, Brian)
August 1, 2012 Opinion or Order TEXT ORDER by Magistrate Judge John A. Gorman, deferring ruling on #45 Motion to Withdraw as Attorney until such time as Charles W. Shifley has entered an appearance in this case. Entered on 8/1/12. (JB, ilcd)
July 30, 2012 Opinion or Order TEXT ORDER by Magistrate Judge John A. Gorman: By agreement of the parties, the Rule 16 Scheduling Conference set for 9/5/12 is cancelled and reset to 9/17/2012 11:00 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Agreed discovery plan to be filed by 9/12/12. Entered on 7/30/12. (WW, ilcd)
July 25, 2012 Opinion or Order Filing 44 ORDER setting Rule 16 Scheduling Conference. Rule 16 Scheduling Conference set for 9/5/2012 at 10:45 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Agreed Discovery plan to be filed by 8/31/12. Entered by Magistrate Judge John A. Gorman on 7/25/12. (WW, ilcd)
July 24, 2012 Opinion or Order Filing 43 OPINION AND ORDER entered by Judge Joe Billy McDade on 7/24/12. For the foregoing reasons, ESCO Corporation's Motion to Dismiss Count III of Caterpillar's First Amended Complaint #32 is DENIED. This case is referred to Magistrate Judge Gorman for all pretrial matters. See full order. (FDT, ilcd)
June 26, 2012 Filing 42 +++ CORRECTED SEALED DOCUMENT.. (Leavell, Craig) Modified on 6/26/2012 per Attys request (RP, ilcd).
June 26, 2012 Filing 41 +++ SEALED DOCUMENT.. (Leavell, Craig)
June 25, 2012 Minute Entry for proceedings held before Judge Joe Billy McDade: Parties present in open court by Attys Commins/Abrams/Bertschy/Sieve and Levell for Motion Hearing held on 6/25/2012 re #32 MOTION to Dismiss for Lack of Jurisdiction filed by Esco Corporation. Evidence presented. Court takes the matter under advisement. Order to enter. (Court Reporter N. Mersot) (FDT, ilcd)
June 14, 2012 Opinion or Order TEXT ORDER: Motion Hearing set for 06/19/2012 is VACATED and RESET to Monday, 06/25/2012 at 1:15 PM, in person, in Courtroom D in Peoria before Judge Joe Billy McDade. Entered by Judge Joe Billy McDade on 06/14/12. (JBM2, ilcd)
May 10, 2012 Opinion or Order TEXT ORDER granting #40 Motion to Continue. Because the Court is unavailable on all of the dates originally suggested by Plaintiff, the Court conferred with counsel for both parties to determine a new date for the hearing. Hearing on Motion to Dismiss for Lack of Jurisdiction previously set for 5/14/2012 is now RESET for Tuesday, 6/19/2012 at 1:00 PM in Courtroom D in Peoria before Judge Joe Billy McDade. Entered by Judge Joe Billy McDade on 5/10/2012.(JBM11, ILCD)
May 9, 2012 Filing 40 MOTION to Continue by Plaintiff Caterpillar Inc.. Responses due by 5/29/2012 (Attachments: #1 Exhibit 1)(Bertschy, Timothy)
May 2, 2012 Opinion or Order TEXT ORDER Setting Hearing on Motion #32 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 5/14/2012 02:00 PM in Courtroom D in Peoria before Judge Joe Billy McDade. Entered by Judge Joe Billy McDade on 5/2/2012. (JBM11, ILCD)
April 5, 2012 Filing 39 NOTICE - Esco Corporation's Renewed Request for Oral Argument Regarding its Motion to Dismiss Count III of Caterpillar's First Amended Complaint, Pursuant to Federal Rule of Civil Procedure 12(b)(1), For Lack of Subject Matter Jurisdiction (Sieve, Brian)
April 2, 2012 Filing 38 Appendix re #36 Memorandum in Opposition to Motion/Petition by Caterpillar Inc.. (Commins, Gregory)
April 2, 2012 Filing 37 AFFIDAVIT in Opposition re #32 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Commins, Gregory)
April 2, 2012 Filing 36 MEMORANDUM in Opposition re #32 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Caterpillar Inc.. (Commins, Gregory)
March 16, 2012 Filing 35 Appendix re #32 MOTION to Dismiss for Lack of Jurisdiction , #33 Memorandum in Support of Motion Appendix of Unreported Cases Cited in Esco Corporation's Memorandum of Law in Support of its Motion to Dismiss by Esco Corporation. (Leavell, Craig)
March 16, 2012 Filing 34 AFFIDAVIT in Support re #32 MOTION to Dismiss for Lack of Jurisdiction Declaration of Raymond P. Sykes in Support of Motion to Dismiss with Ex. A filed by Defendant Esco Corporation. (Leavell, Craig)
March 16, 2012 Filing 33 MEMORANDUM in Support re #32 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Esco Corporation. (Leavell, Craig)
March 16, 2012 Filing 32 MOTION to Dismiss for Lack of Jurisdiction by Defendant Esco Corporation. Responses due by 4/2/2012 (Leavell, Craig)
March 8, 2012 Filing 31 NOTICE of Appearance of Attorney by Craig D Leavell on behalf of Esco Corporation (Leavell, Craig)
February 21, 2012 Filing 30 NOTICE of Appearance of Attorney by Gregory James Commins, Jr on behalf of Caterpillar Inc. (Commins, Gregory)
February 21, 2012 Filing 29 NOTICE of Appearance of Attorney by Robert G Abrams on behalf of Caterpillar Inc. (Abrams, Robert)
February 17, 2012 Filing 28 AMENDED COMPLAINT against Esco Corporation, filed by Caterpillar Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Williams, Edward)
February 17, 2012 Opinion or Order TEXT ORDER finding as moot #5 Motion for Preliminary Injunction; finding as moot #15 Motion for Leave to File Excess Pages; and finding as moot #16 Motion for Leave to File Document Under Seal. Pursuant to the Stipulation of Dismissal with Prejudice of Counts I and II of Plaintiff's Complaint #26 , the Counts relating to these Motions have been dismissed, and the Motions are therefore rendered moot. Entered by Judge Joe Billy McDade on 2/17/2012.(JBM11,ILCD)
February 14, 2012 Opinion or Order Filing 27 OPINION AND ORDER entered by Judge Joe Billy McDade on 2/14/12. IT IS THEREFORE ORDERED that Counts I and II of Caterpillar Inc.'s Verified Complaint #1 are DISMISSED WITH PREJUDICE. (FDT, ilcd)
February 13, 2012 Filing 26 STIPULATION of Dismissal WITH PREJUDICE OF COUNTS I AND II OF PLAINTIFF'S COMPLAINT by Caterpillar Inc.. (Attachments: #1 Exhibit A)(Williams, Edward)
February 10, 2012 Minute Entry for proceedings held before Judge Joe Billy McDade: Parties present via telephone by Attys Bertschy/Heil/Williams/Weidenhammer/Touhy for Status Conference held on 2/10/2012. Parties indicate case has settled with respect to counts 1 and 2. Joint Motion to Dismiss with prejudice along with proposed order to be filed by 2/13/12. Amended Complaint as to count 3 to be filed by 2/17/12. Dft to respond by 3/16/12 (Court Reporter JJ.) (FDT, ilcd)
February 3, 2012 Opinion or Order TEXT ORDER Agreed Oral Motion to Continue is GRANTED. Plaintiff is to file its Amended Complaint on or before Friday 2/10/2012. Entered by Judge Joe Billy McDade on 2/3/2012. (JBM11,ILCD)
January 30, 2012 STRICKEN PER TEXT ORDER OF 1/30/2012. Minute Entry for proceedings held before Judge Joe Billy McDade: Parties present by phone by Attys E. Williams, J. Touhy, G. Cummins, T. Bertschy, J. Heil and Caterpillar Rep. K. Keller on behalf of Plf Caterpillar and Attys B. Sieve and R. Foster with Esco Rep. S. Schad on behalf of Dft Esco for status conference held on 1/30/2012. Court hears argument by Plf regarding immediate need for preliminary injunction hearing. Dft responds with argument and requests a preliminary injunction hearing within 3 months in order that it may produce additional discovery. Court allows parties to discuss discovery issue and contact the Court to set a mutual date for the preliminary injunction hearing. The Court vacates its previous directive for Dft Esco to have on file their answer to the initial Complaint by 1/30/2012. Court allows Plf to file an amended complaint on or before Fri. 2/3/2012. Dft allowed 7 days to file their answer. By agreement of the parties, Count Three raising a patent claim is severed from the trial in this case in connection with the Order of January 26th. That Order is modified to the extent that the Motion for Preliminary Injunction is consolidated only with the hearing on the merits of Count One (the contract claim). (Court Reporter NM.) (RK, ilcd) Modified on 1/30/2012 to strike.(RK, ilcd).
January 30, 2012 Opinion or Order TEXT ONLY ORDER entered by Judge Joe Billy McDade on 1/30/2012. Court hereby strikes minutes entered of 1/30/2012 for Status Hearing held. Clerk is directed to re-enter revised minutes of hearing held.(RK, ilcd)
January 30, 2012 Minute Entry for proceedings held before Judge Joe Billy McDade: Parties present by phone by Attys E. Williams, J. Touhy, G. Cummins, T. Bertschy, J. Heil and Caterpillar Rep. K. Keller on behalf of Plf Caterpillar and Attys B. Sieve and R. Foster with Esco Rep. S. Schad on behalf of Dft Esco for status conference held on 1/30/2012. Court hears argument by Plf regarding immediate need for preliminary injunction hearing. Dft responds with argument and requests a preliminary injunction hearing within 3 months in order that it may obtain additional discovery. Court directs parties to discuss discovery needs and submit proposed discovery schedule and date for the preliminary injunction hearing. The Court vacates its previous directive for Dft Esco to have on file their answer to the initial Complaint by 1/30/2012. Court allows Plf to file an amended complaint on or before Fri. 2/3/2012. Dft allowed 7 days to file their answer. In light of the jury demand filed by Plf, the portion of the Order of 1/26/2012 consolidating the trial on the merits with the preliminary hearing is vacated. The trial on Counts One and Two (the contract claim) is severed from the trial on Count Three (the patent-related claim). (RK, ilcd)
January 26, 2012 Opinion or Order Filing 25 OPINION AND ORDER denying #5 Motion for TRO and taking under advisement #5 Motion for Preliminary Injunction. Status Conference set for 1/30/2012 at 10:00 AM in by telephone from Peoria (court will place call) before Judge Joe Billy McDade. Entered by Judge Joe Billy McDade on 1/26/2012. (RK, ilcd)
January 26, 2012 Opinion or Order TEXT ONLY ORDER entered by Judge Joe Billy McDade on 1/26/2012. The Court's Order on the Temporary Restaining Order is expected to be entered by close of business today. The Court apologizes for the delay. (RK, ilcd)
January 24, 2012 Filing 24 Exhibit List for motion hearing regarding Motion for Temporary Restraining Order held on 1/24/2012 by Caterpillar Inc. Paper Exhibits held conventionally in file. Exhibits 3-5 maintained by Plaintiff.(RK, ilcd)
January 24, 2012 Minute Entry for proceedings held before Judge Joe Billy McDade: Parties present in o/c by Attorneys E. Williams, J. Touhy, G. Whittlesey, and T. Bertschy on behalf of the Plaintiff, Caterpillar, Inc. and Attorneys B. Sieve and B. Weidenhammer on behalf of the Defendant, Esco Corporation for motion hearing held on 1/24/2012. Discussion held regarding #22 Motion for Leave to File Excess Pages Reply Memorandum and #23 Memorandum in Support of #5 Motion for Temporary Restraining Order. Arguments held. Court finds #22 will not be considered and is hereby stricken. Plf presents arguments in support of #5 Motion for Temporary Restraining Order. Dft presents opposition argument. Rebuttal arguments held. Oral motion by Plf to reconsider the admission of #22 . Dft response. Oral Motion Denied. Court taking under advisement #5 Motion for Temporary Restraining Order. Order to enter. Court orders Defendant to file answer on or before 1/30/2012. (Court Reporter NM.) (RK, ilcd)
January 23, 2012 Filing 23 STRICKEN on 1/24/2012 MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction filed by Plaintiff Caterpillar Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Williams, Edward) Modified on 1/25/2012 to strike. (RK, ilcd).
January 23, 2012 Filing 22 STRICKEN on 1/24/2012 MOTION for Leave to File Excess Pages Reply Memorandum by Plaintiff Caterpillar Inc.. Responses due by 2/9/2012 (Attachments: #1 Exhibit)(Williams, Edward) Modified on 1/25/2012 to strike. (RK, ilcd).
January 23, 2012 Filing 21 AFFIDAVIT of Service for Summons served on Kevin S. Thomas, Registered Agent, ESCO Corporation on 01/13/2012, filed by Caterpillar Inc.. (Williams, Edward)
January 23, 2012 Filing 20 NOTICE of Appearance of Attorney by Gillian Lindsay Whittlesey on behalf of All Plaintiffs (Whittlesey, Gillian)
January 23, 2012 Filing 19 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1A, #7 Exhibit F-1B, #8 Exhibit F-2A, #9 Exhibit F-2B, #10 Exhibit F-3A, #11 Exhibit F-3B, #12 Exhibit F-4A, #13 Exhibit F-4B, #14 Exhibit F-5)(Sieve, Brian)
January 20, 2012 Filing 18 Appendix re #17 Response to Motion, Appendix of Unreported Cases in Support of Defendant's Memorandum in Opposition to Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction by Esco Corporation. (Sieve, Brian)
January 20, 2012 Filing 17 RESPONSE to Motion re #5 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction , #16 MOTION for Leave to File Document Under Seal /Redacted (partial), #15 MOTION for Leave to File Excess Pages (REDACTED) filed by Defendant Esco Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Sieve, Brian)
January 20, 2012 Filing 16 MOTION for Leave to File Document Under Seal /Redacted (partial) by Defendant Esco Corporation. Responses due by 2/6/2012 (Sieve, Brian)
January 20, 2012 Filing 15 MOTION for Leave to File Excess Pages by Defendant Esco Corporation. Responses due by 2/6/2012 (Sieve, Brian)
January 19, 2012 Filing 14 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Esco Corporation. (Sieve, Brian)
January 18, 2012 Filing 13 NOTICE of Appearance of Attorney by Brian D Sieve on behalf of Esco Corporation (Sieve, Brian)
January 18, 2012 Opinion or Order TEXT ORDER: The Motion Hearing for a Temporary Restraining Order set for Tuesday, 01/24/2012 HAS BEEN MOVED FROM 10:00 AM TO 02:00 PM, in person, in Courtroom D, in Peoria before Judge Joe Billy McDade. Entered by Judge Joe Billy McDade on 01/18/12. (JBM2, ilcd)
January 18, 2012 Opinion or Order TEXT ORDER Entered by Judge James E. Shadid on 1/18/12. This case was inadvertently assigned to Judge Shadid and is being reassigned to Judge Joe B. McDade.(DK, ilcd)
January 17, 2012 Filing 12 MEMORANDUM IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Caterpillar Inc.. (Attachments: #1 Exhibit A)(Williams, Edward)
January 17, 2012 Opinion or Order TEXT ORDER Entered by Judge James E. Shadid on 1/17/2012. All parties present for Status Conference held via telephone (off the record) on 1/17/2012. Discussion held re Temporary Restraining Order. Despite discussion a hearing re #5 Motion for Temporary Restraining Order is necessary and set for Tuesday, 1/24/2012 at 10:00 A.M. in Courtroom A in Peoria before Judge James E. Shadid. Defendants are directed to file their Response to #5 Motion for Temporary Restraining Order by 5:00 P.M. on Friday, 1/20/2012. (RP, ilcd)
January 13, 2012 Filing 11 Summons Issued as to Esco Corporation. (FDT, ilcd)
January 12, 2012 Filing 10 CERTIFICATE OF SERVICE by Caterpillar Inc. (Williams, Edward)
January 12, 2012 Filing 9 NOTICE of Appearance of Attorney by Timothy L Bertschy on behalf of Caterpillar Inc. (Bertschy, Timothy) (Main Document 9 replaced on 1/12/2012) (SW, ilcd).
January 12, 2012 Filing 8 NOTICE of Appearance of Attorney by John M Touhy on behalf of Caterpillar Inc. (Touhy, John)
January 12, 2012 Filing 7 NOTICE of Appearance of Attorney by Edward H Williams on behalf of Caterpillar Inc. (Williams, Edward)
January 12, 2012 Filing 6 NOTICE Summons to Issue re #1 Complaint, (Heil, John)
January 12, 2012 Filing 5 MOTION for Temporary Restraining Order and/or, MOTION for Preliminary Injunction by Plaintiff Caterpillar Inc.. Responses due by 1/30/2012 (Heil, John)
January 12, 2012 Filing 4 NOTICE of Appearance of Attorney by John P Heil, Jr on behalf of Caterpillar Inc. (Heil, John) (Main Document 4 replaced on 1/12/2012) (SW, ilcd).
January 12, 2012 Filing 3 NOTICE Civil Cover Sheet re #1 Complaint, (Heil, John)
January 12, 2012 Filing 2 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Caterpillar Inc.. (Heil, John)
January 12, 2012 Filing 1 COMPLAINT against Esco Corporation ( Filing fee $ 350 receipt number 0753-1290983.), filed by Caterpillar Inc.. (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)(Heil, John)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System

Search for this case: Caterpillar Inc. v. Esco Corporation
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Esco Corporation
Represented By: Craig D Leavell
Represented By: Timothy J Rechtien
Represented By: Charles W Shifley
Represented By: Brian D Sieve
Represented By: Binal J Patel
Represented By: Louis DiSanto
Represented By: David G Lubben
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Caterpillar Inc.
Represented By: John P Heil, Jr
Represented By: Edward H Williams
Represented By: Robert G Abrams
Represented By: Timothy L Bertschy
Represented By: John M Touhy
Represented By: Gregory James Commins, Jr
Represented By: Gillian Lindsay Whittlesey
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor plaintiff: Raptor Mining Products Inc.
Represented By: John Lund Krieger
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor plaintiff: Raptor Mining Products (USA) Inc.
Represented By: John Lund Krieger
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?