Caterpillar Inc. v. Brington Industries, Ltd.
| Caterpillar Inc. |
| Brington Industries, Ltd. |
| 1:2012cv01185 |
| June 11, 2012 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Peoria |
| Sara Darrow |
| John A Gorman |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 44 AMENDED JUDGMENT entered. (KB, ilcd) |
| Filing 43 JUDGMENT entered. (KB, ilcd) |
Filing 42
ORDER entered by Judge Sara Darrow on February 12, 2014. Caterpillar's #26 Motion and #36 Supplemental Motion for Default Judgment are GRANTED. Caterpillar is awarded $838,396.80 for overdue royalties, $10,000 in late fees, $186,770.80 for interest on overdue royalties and late fees through September 30, 2013, and $81,366.58 in attorneys' fees and costs. Caterpillar's #32 Motion for Hearing is DENIED as moot. Clerk is directed to enter judgment and close the case.(HR, ilcd)
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| Filing 41 Response by Caterpillar Inc. re #40 Order on Motion for Leave to File Document Under Seal,,,,, . (Attachments: #1 Replacement Exhibit A to Complaint, #2 Replacement Exhibit D to the Jostes Declaration, #3 Replacement Exhibit E to the Jostes Declaration)(Assmus, Richard) |
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Filing 40
ORDER Entered by Judge Sara Darrow on 1/31/14. The Court is granting in part and denying in part #29 Motion for Leave to File Document Under Seal and granting in part and denying in part #35 Motion for Leave to File Document Under Seal. The Clerk is directed to unseal ECF Nos. 30, 30-1, 30-2, 30-3, 37, 38 and 39 and to seal ECF Nos. 37-1,37-2, 39-1 and 39-9. Caterpillar is directed to provide the Clerk with redacted versions of the Agreement, ECF No. 4 and ECF Nos. 30-4, 30-5, within 7 days. The Clerk is directed to replace the sealed versions of ECF Nos. 4, 30-4 and 30-5 with the redacted versions. (DK, ilcd)
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| Filing 39 SECOND DECLARATION OF JOHN P. HEIL JR. IN SUPPORT OF CATERPILLAR INC'S MOTION FOR ENTRY OF DEFAULT JUDGMENT(Attachments: #1 Exhibit G, #2 Exhibit H)(Assmus, Richard) (Additional attachment(s) added on 10/8/2013: #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit I) (RK, ilcd). Modified on 1/31/2014 to correct title(DK, ilcd). |
| Filing 38 SECOND DECLARATION OF MARK JOSTES IN SUPPORT OF CATERPILLAR INC'S SUPPLEMENTAL MOTION FOR ENTRY OF DEFAULT JUDGMENT (Assmus, Richard) Modified on 1/31/2014 to correct title(DK, ilcd). |
| Filing 37 SECOND DECLARATION OF RICHARD M. ASSMUS IN SUPPOR OF CATERPILLAR INC'S SUPPLEMENTAL MOTION FOR ENTRY OF DEFAULT(Attachments: #1 Exhibit A, #2 Exhibit B)(Assmus, Richard) Modified on 1/31/2014 to title this document (DK, ilcd). |
| Filing 36 Supplemental MOTION for Default Judgment as to Brington Industries Ltd. by Plaintiff Caterpillar Inc.. Responses due by 10/25/2013 (Assmus, Richard) |
| Filing 35 MOTION for Leave to File Document Under Seal by Plaintiff Caterpillar Inc.. Responses due by 10/25/2013 (Assmus, Richard) |
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Filing 34
ORDER entered by Judge Sara Darrow on September 27, 2013. Defendant Brington's Motion to Dismiss #21 is DENIED. (HR, ilcd)
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TEXT ORDER entered by Judge Sara Darrow on September 27, 2013. First, it is unclear that the damages requested for unpaid fourth quarter royalties reflect Brington's $15,000 payment made on April 7, 2011. Declaration of Mark Jostes Exhibit B. The Court directs Caterpillar to clarify whether this payment is reflected in the request for damages and whether Brington has made any further payments since the Motion for Default Judgment was filed. Second, the commercial reasonableness standard requires evidence that the attorneys fees requested were "required to enforce [Brington's] obligations under this Agreement," Caterpillar actually paid the invoiced fees, and the aggregate costs were reasonable in relation to the stakes of the case and Caterpillar's litigation strategy. See Medcom Holding Company v. Baxter Travenol Lab., Inc., 200 F.3d 518, 520-21 (7th Cir. 2000). The invoices provided to the Court list only aggregate expenses, attorneys' names, times, and rates, but do not indicate the actual services provided or itemize expenses incurred. While the Court can infer Caterpillar's attorneys are representing that the services provided were required to enforce Brington's contractual obligations, a complete record, especially at the default stage, requires further documentation and/or averments. Additionally, there is no evidence that Caterpillar paid Mayer Brown's invoices after January 1, 2013. Therefore, Caterpillar is ordered to supplement its Motion for Default Judgment to comply with this Order. (HR, ilcd)
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| Filing 33 Exhibit re #32 MOTION for Hearing (Status Conference) Exhibit A by Caterpillar Inc.. (Assmus, Richard) |
| Filing 32 MOTION for Hearing (Status Conference) by Plaintiff Caterpillar Inc.. Responses due by 8/16/2013 (Attachments: #1 Exhibit A)(Assmus, Richard) |
| Filing 31 MEMORANDUM (Declaration of Mark Jostes in Support) re #26 MOTION for Default Judgment as to Brington Industries Ltd. by Caterpillar Inc.. (Assmus, Richard) |
| Filing 30 DECLARATION OF MARK JOSTES IN SUPPORT OF CATERPILLAR INC'S MOTION FOR ENTRY OF DEFAULT JUDGMENT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Assmus, Richard) Modified on 1/31/2014 to title this document (DK, ilcd). |
| Filing 29 MOTION for Leave to File Document Under Seal by Plaintiff Caterpillar Inc.. Responses due by 4/15/2013 (Attachments: #1 Declaration of Mark Jostes and Exhibits A-E Thereto)(Assmus, Richard) |
| Filing 28 MEMORANDUM (Declaration of John P. Heil, Jr. in Support) re #26 MOTION for Default Judgment as to Brington Industries Ltd. by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Assmus, Richard) |
| Filing 27 MEMORANDUM (Declaration of Richard M. Assmus in Support) re #26 MOTION for Default Judgment as to Brington Industries Ltd. by Caterpillar Inc.. (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)(Assmus, Richard) |
| Filing 26 MOTION for Default Judgment as to Brington Industries Ltd. by Plaintiff Caterpillar Inc.. Responses due by 4/15/2013 (Assmus, Richard) |
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TEXT ORDER: Motion Hearing set 2/15/13 at 1:15 PM is CANCELLED as the matter was addressed during the conference on 2/14/13. Entered by Magistrate Judge John A. Gorman on 2/15/13. (WW, ilcd)
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| ENTRY OF DEFAULT BY CLERK as to Brington Industries, Ltd.. (SW, ilcd) |
| Minute Entry for proceedings held before Magistrate Judge John A. Gorman: Parties present via phone by Attys Young/Assmus/Viniegra for Motion Hearing on Thursday, 2/14/13. #23 Motion to Withdraw as Attorneys GRANTED. Attorneys Marian Grace Kennady and Barbara Viniegra terminated. #25 Motion for Entry of Default GRANTED. (SW, ilcd) |
| Filing 25 MOTION for Entry of Default Against Brington Industries LTD by Plaintiff Caterpillar Inc. Responses due by 2/28/2013 (SW, ilcd) |
| Minute Entry for proceedings held before Magistrate Judge John A. Gorman: Parties present via telephone by Attys Assmus/Young/Viniegra for Motion Hearing on 2/1/2013 re #23 MOTION to Withdraw as Attorney. Hearing on #23 Motion to Withdraw as Attorney continued to 2/14/13 at 1:30 p.m. by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Plaintiff to file a Motion for Default by 2/14/13. Hearing on Motion for Default set for 2/15/13 at 1:15 p.m. by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Current defense counsel to notify Defendant of this order. (FDT, ilcd) |
| Filing 24 RESPONSE to Motion re #23 MOTION to Withdraw as Attorney (Statement of Plaintiff Caterpillar Inc. in Response to Motion to Withdraw) filed by Plaintiff Caterpillar Inc.. (Assmus, Richard) |
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TEXT ORDER by Magistrate Judge John A. Gorman: Pursuant to oral request by defense counsel the Motion Hearing in re #23 MOTION to Withdraw as Attorney set for 1/31/2013 is CANCELLED and RESET to 2/1/2013 at 10:30 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Counsel for Defendant is to notify client of this motion and the hearing reset for 2/1/2013. If Defendant wishes to participate in the phone conference, they shall provide a phone number where they can be reached to chambers prior to the hearing at (309) 671-7140. Entered on 1/8/13. (WW, ilcd) Modified on 1/9/2013 to correct typo (MZ, ilcd).
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TEXT ORDER by Magistrate Judge John A. Gorman Setting Motion Hearing in re #23 MOTION to Withdraw as Attorney. Motion Hearing set for Thursday, 1/31/2013 at 10:30 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Counsel for Defendant is to notify client of this motion and the hearing set for 1/31/13. If Defendant wishes to participate in the phone conference, they shall provide a phone number where they can be reached to chambers prior to the hearing at (309) 671-7140. Entered on 1/8/13. (WW, ilcd)
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| Filing 23 MOTION to Withdraw as Attorney by Defendant Brington Industries, Ltd.. Responses due by 1/25/2013 (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Withdraw)(Viniegra, Barbara) |
| Filing 22 RESPONSE to Motion re #21 MOTION to Dismiss Complaint filed by Plaintiff Caterpillar Inc.. (Attachments: #1 Declaration of Kristine M. Young)(Assmus, Richard) |
| Filing 21 MOTION to Dismiss Complaint by Defendant Brington Industries, Ltd.. Responses due by 9/27/2012 (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Motion to Dismiss Complaint)(Viniegra, Barbara) |
| Filing 20 Second MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Respond to Complaint by Defendant Brington Industries, Ltd.. Responses due by 9/17/2012 (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Motion for Extension of Time to Respond to Complaint)(Viniegra, Barbara) |
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TEXT ORDER by Magistrate Judge John A. Gorman, granting #20 Motion for Extension of Time to Answer. Brington Industries, Ltd. pleading in response to the complaint shall be filed on or before 9/10/2012. Entered on 8/30/12. (JB, ilcd)
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TEXT ORDER by Magistrate Judge John A. Gorman finding moot #16 defense counsel's Motion for leave to participate in this case while her application for admission remains pending, as her application has been approved and she is now admitted. Entered on 8/3/12. (JB, ilcd)
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TEXT ORDER by Magistrate Judge John A. Gorman, granting #19 Motion for Extension of Time to Answer. Brington Industries, Ltd. pleading in response to the complaint is due on or before 8/31/2012. Entered on 8/3/12. (JB, ilcd)
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| Filing 19 First MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Respond by Defendant Brington Industries, Ltd.. Responses due by 8/20/2012 (Attachments: #1 Text of Proposed Order)(Viniegra, Barbara) |
| Filing 18 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Brington Industries, Ltd.. (Viniegra, Barbara) |
| Filing 17 NOTICE of Appearance of Attorney by Barbara Viniegra on behalf of Brington Industries, Ltd. (Viniegra, Barbara) |
| Filing 16 MOTION for leave to participate pending application for admission by Defendant Brington Industries, Ltd.. Responses due by 8/16/2012 (KB, ilcd) |
| Filing 15 NOTICE of Appearance of Attorney by Richard M Assmus on behalf of Caterpillar Inc. (Assmus, Richard) |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint were served on Brington Industries LTD on 06/18/2012, filed by Caterpillar Inc.., CERTIFICATE OF SERVICE by Caterpillar Inc. (Young, Kristine) |
| Filing 13 NOTICE of Appearance of Attorney by Kristine M Young on behalf of Caterpillar Inc. (Young, Kristine) |
| Filing 12 MOTION for leave to participate pending application for admission by Defendant Brington Industries, Ltd.. Responses due by 8/6/2012 (KB, ilcd) |
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TEXT ORDER by Magistrate Judge John A. Gorman granting #12 Motion to participate pending application for admission. Atty Marian Kennady is directed to complete the attorney admission process and the electronic case filing registration promptly. Entered on 7/20/12. (WW, ilcd)
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TEXT ORDER Entered by Chief Judge James E. Shadid on 6/22/12. I hereby recuse myself from further proceedings in this case pursuant to section 455(a) of title 28 United States Code and this case is reassigned to Judge Sara Darrow.(DK, ilcd)
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TEXT ORDER by Magistrate Judge John A. Gorman, granting #3 Motion for Leave to File Document Under Seal. Documents 4-8 may remain under seal until further order. Should these documents be required for a decision on the merits, motions to reconsider or limit this order may be entertained. Entered on 6/14/12. (JB, ilcd)
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| Filing 11 CERTIFICATE OF SERVICE by Caterpillar Inc. re #10 Notice of Appearance of Attorney (Bertschy, Timothy) |
| Filing 10 NOTICE of Appearance of Attorney by Timothy L Bertschy on behalf of Caterpillar Inc. (Bertschy, Timothy) |
| Filing 9 Summons Issued as to Brington Industries, Ltd.. (KB, ilcd) |
| Filing 8 +++ SEALED DOCUMENT.. (Heil, John) |
| Filing 7 +++ SEALED DOCUMENT.. (Heil, John) |
| Filing 6 +++ SEALED DOCUMENT.. (Heil, John) |
| Filing 5 +++ SEALED DOCUMENT.. (Heil, John) |
| Filing 4 +++ SEALED DOCUMENT.. (Heil, John) |
| Filing 3 MOTION for Leave to File Document Under Seal by Plaintiff Caterpillar Inc.. Responses due by 6/28/2012 (Heil, John) |
| Filing 2 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Caterpillar Inc.. (Heil, John) |
| Filing 1 COMPLAINT against Brington Industries, Ltd. ( Filing fee $ 350 receipt number 0753-1384601.), filed by Caterpillar Inc.. (Attachments: #1 Exhibit A-E, #2 Civil Cover Sheet)(Heil, John) |
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