Wolin, Derivatively on Behalf of Caterpillar, Inc. v. Oberhelman et al
Plaintiff: Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.
Defendant: Peter A. Magowan, Joshua I. Smith, Daniel M. Dickinson, Jon M. Huntsman, Jr., Caterpillar Inc., Charles D. Powell, Susan C. Schwab, Jesse J. Greene, Jr., David R. Goode, Juan Gallardo, Edward J. Rapp, William A. Osborn, Miles D. White, Douglas R. Oberhelman, David L. Calhoun, Dennis A. Muilenburg and Edward B. Rust, Jr.
Interested Party: The Ellen J. Stokar IRA
Case Number: 1:2013cv01344
Filed: August 5, 2013
Court: US District Court for the Central District of Illinois
Office: Peoria Office
County: Adams
Presiding Judge: Sara Darrow
Referring Judge: Jonathan E Hawley
Nature of Suit: Stockholders Suits
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 6, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2014 Filing 48 Designation of Lead Counsel by John P Heil, Jr on behalf of All Defendants. (Heil, John)
March 31, 2014 Opinion or Order Filing 47 ORDER entered by Judge Sara Darrow on March 31, 2014. Stokar IRA's #37 Motion to Stay Consolidation of Related Actions Pending Proof of This Court's Jurisdiction Over Certain of the Related Actions, Withdrawal of Intervention, and for Appointment of Lead Counsel is GRANTED IN PART and DENIED IN PART. Stokar IRA's request for a stay is DENIED; Stokar IRA's requests to consolidate only with Wolin's action and for appointment of its counsel as lead and liaison counsel are DENIED. Stokar IRA's #43 Motion for Leave to File a Reply in Support of its Motion to Stay Consolidation is GRANTED. Iron Workers', Sterling Heights' and Wolin's joint #36 Motion to Consolidate Related Actions, Appoint Lead Counsel, and Set Briefing Schedule is GRANTED IN PART and DENIED IN PART. The following actions are consolidated: No. 13-1104, No. 13-1141, No. 13-1344, and No. 13-1509. By April 14, 2014, the parties are to notify the Court of any agreement upon, at most, two law firms to serve as co-lead counsel subject to the Court's authorization. The Court DEFERS entering a case scheduling order, including deadline for filing a consolidated complaint, until lead counsel has been appointed. (JD, ilcd)
March 7, 2014 Opinion or Order TEXT ORDER: Pursuant to instructions from Chief Judge James E. Shadid, the assignment of this case to Magistrate Judge John A. Gorman is withdrawn due to his retirement. This case is hereby reassigned to Magistrate Judge Jonathan E. Hawley. Entered by Chief Judge James E. Shadid on 3/7/2014. (MC, ilcd)
February 11, 2014 Opinion or Order TEXT ORDER entered by Judge Sara Darrow on February 11, 2014. Defendants' #46 Motion for Extension of Time to Answer or Otherwise Plead is GRANTED. Defendants' deadline to file an answer or otherwise respond to the #1 Complaint is suspended until the Court issues an order on the motions to consolidate. In that order, the Court will establish the new deadline for Defendants to answer or otherwise respond. (JD, ilcd)
February 6, 2014 Filing 46 MOTION for Extension of Time to File Answer or Otherwise Plead by Defendants David L. Calhoun, Caterpillar Inc., Daniel M. Dickinson, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. Responses due by 2/24/2014 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Ducayet, James)
November 26, 2013 Filing 45 MEMORANDUM in Opposition re #43 MOTION for Leave to File A Reply In Support of Its Motion To Stay Consolidation Of Related Actions Pending Proof Of This Court's Jurisdiction Over Certain Of The Related Actions Motion To Withdraw Of Intervention And For Appointment Of Lead Co filed by Plaintiff Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Seely, Kevin)
November 25, 2013 Filing 44 NOTICE of Appearance of Attorney by Deborah R Gross on behalf of All Plaintiffs (Gross, Deborah)
November 19, 2013 Filing 43 MOTION for Leave to File A Reply In Support of Its Motion To Stay Consolidation Of Related Actions Pending Proof Of This Court's Jurisdiction Over Certain Of The Related Actions Motion To Withdraw Of Intervention And For Appointment Of Lead Counsel by Interested Party The Ellen J. Stokar IRA. Responses due by 12/6/2013 (Attachments: #1 Exhibit 1)(Mulder, Michael)
November 11, 2013 Filing 42 MEMORANDUM in Opposition re #37 MOTION to Stay Consolidation of Related Actions Pending Proof of this Court's Jurisdiction Over Certain of the Related Actions MOTION to Withdraw of Intervention and for Appointment of Lead Counsel filed by Plaintiff Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Seely, Kevin)
November 7, 2013 Filing 41 NOTICE Verification of Michael D. Wolin Inadvertently Not Attached to Complaint filed on 8/5/2013 re #1 Complaint (Miller, Marvin)
November 1, 2013 Filing 40 AFFIDAVIT re #37 MOTION to Stay Consolidation of Related Actions Pending Proof of this Court's Jurisdiction Over Certain of the Related Actions MOTION to Withdraw of Intervention and for Appointment of Lead Counsel by The Ellen J. Stokar IRA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mulder, Michael)
November 1, 2013 Filing 39 CERTIFICATE of Compliance with Local Rule 7.1. (Mulder, Michael)
November 1, 2013 Filing 38 MEMORANDUM in Support re #37 MOTION to Stay Consolidation of Related Actions Pending Proof of this Court's Jurisdiction Over Certain of the Related Actions MOTION to Withdraw of Intervention and for Appointment of Lead Counsel filed by Interested Party The Ellen J. Stokar IRA. (Mulder, Michael)
November 1, 2013 Filing 37 MOTION to Stay Consolidation of Related Actions Pending Proof of this Court's Jurisdiction Over Certain of the Related Actions, MOTION to Withdraw of Intervention and for Appointment of Lead Counsel by Interested Party The Ellen J. Stokar IRA. Responses due by 11/18/2013 (Attachments: #1 Text of Proposed Order Proposed Order)(Mulder, Michael)
October 15, 2013 Filing 36 Joint MOTION to Consolidate Cases , Appoint Lead Counsel and Set Briefing Schedule by Plaintiff Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 11/1/2013 (Attachments: #1 Text of Proposed Order Proposed Order)(Miller, Marvin)
October 8, 2013 Opinion or Order TEXT ORDER entered by Judge Sara Darrow on October 8, 2013. The parties' joint #35 Motion for Extension of Time to Answer or Otherwise Plead is GRANTED. Defendants must answer or otherwise plead with respect to Plaintiff's Complaint by October 14, 2013. (JD, ilcd)
October 7, 2013 Filing 35 Joint MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Plead by Defendants David L. Calhoun, Caterpillar Inc., Daniel M. Dickinson, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. Responses due by 10/24/2013 (Attachments: #1 Text of Proposed Order)(Carlson, Walter)
September 24, 2013 Filing 34 NOTICE of Appearance of Attorney by Timothy L Bertschy on behalf of David L. Calhoun, Caterpillar Inc., Daniel M. Dickinson, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White (Bertschy, Timothy)
September 24, 2013 Filing 33 NOTICE of Appearance of Attorney by John P Heil, Jr on behalf of David L. Calhoun, Caterpillar Inc., Daniel M. Dickinson, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White (Heil, John)
September 16, 2013 Filing 32 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by David L. Calhoun, Caterpillar Inc., Daniel M. Dickinson, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr., Jon M. Huntsman, Jr., Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A. Osborn, Charles D. Powell, Edward J. Rapp, Edward B. Rust, Jr., Susan C. Schwab, Joshua I. Smith, Miles D. White. (Carlson, Walter)
August 28, 2013 Filing 31 NOTICE Statement in Response to Motion to Intervene (Miller, Marvin)
August 12, 2013 Filing 30 +++ SEALED DOCUMENT.. (Miller, Marvin)
August 9, 2013 Opinion or Order Filing 29 ORDER entered by Judge Michael M. Mihm on 08/09/2013. Accordingly, the parties' Joint Motion to Reassign Action Pursuant to Local Rule 42.1 #27 is GRANTED. The Clerk is DIRECTED to transfer this case to Judge Darrow. See Full Order.(JS, ilcd)
August 9, 2013 Judge Sara Darrow added. Judge Michael M. Mihm no longer assigned to case. (JS, ilcd)
August 8, 2013 Filing 28 Proposed Pretrial Order Granting Motion to Reassign by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Miller, Marvin)
August 8, 2013 Filing 27 Joint MOTION to Reassign Case Pursuant to Local Rule 42.1 by Plaintiff Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 8/26/2013 (Miller, Marvin)
August 8, 2013 Opinion or Order Filing 26 ORDER GRANTING MOTION TO FILE CERTAIN PORTIONS OF PLAINTIFF'S VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT UNDER SEAL entered by Judge Michael M. Mihm on 08/08/2013. (JS, ilcd)
August 7, 2013 Filing 25 Proposed Pretrial Order GRANTING MOTION TO FILE CERTAIN PORTIONS OF PLAINTIFFS VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT UNDER SEAL by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Miller, Marvin)
August 7, 2013 Filing 24 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Caterpillar Inc. waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 23 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Jon M. Huntsman, Jr. waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 22 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. David L. Calhoun waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 21 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Miles D. White waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 20 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Susan C. Schwab waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 19 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Edward B. Rust, Jr. waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 18 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Charles D. Powell waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 17 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Juan Gallardo waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 16 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Joshua I. Smith waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 15 WAIVER OF SERVICE Returned Executed by Peter A. Magowan. Peter A. Magowan waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 14 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. David R. Goode waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 13 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Dennis A. Muilenburg waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 12 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Jesse J. Greene, Jr. waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 11 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Daniel M. Dickinson waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 10 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. William A. Osborn waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 9 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Edward J. Rapp waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 7, 2013 Filing 8 WAIVER OF SERVICE Returned Executed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Douglas R. Oberhelman waiver sent on 8/6/2013, answer due 10/7/2013. (Miller, Marvin)
August 6, 2013 Filing 7 NOTICE of Appearance of Attorney by Nilofer Ibrahim Umar on behalf of All Defendants (Umar, Nilofer)
August 6, 2013 Filing 6 NOTICE of Appearance of Attorney by James Wallace Ducayet on behalf of All Defendants (Ducayet, James)
August 6, 2013 Filing 5 NOTICE of Appearance of Attorney by Walter C Carlson on behalf of All Defendants (Carlson, Walter) Modified on 8/6/2013 to clarify all defendants (JRK, ilcd).
August 6, 2013 Filing 4 NOTICE Corrected Civil Cover Sheet (Miller, Marvin)
August 6, 2013 Filing 3 Joint MOTION of Plaintiff and Nominal Defendant to File Plaintiff's Verified Shareholder Derivative Complaint Under Seal by Plaintiff Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. Responses due by 8/23/2013 (Miller, Marvin)
August 5, 2013 Filing 2 NOTICE of Appearance of Attorney by Marvin Alan Miller on behalf of Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc. (Attachments: #1 Civil Cover Sheet)(Miller, Marvin)
August 5, 2013 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-1636695.), filed by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc..(Miller, Marvin)

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Search for this case: Wolin, Derivatively on Behalf of Caterpillar, Inc. v. Oberhelman et al
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Defendant: Peter A. Magowan
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Joshua I. Smith
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Daniel M. Dickinson
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Jon M. Huntsman, Jr.
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Caterpillar Inc.
Represented By: Timothy L Bertschy
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Charles D. Powell
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Susan C. Schwab
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Jesse J. Greene, Jr.
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: David R. Goode
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Juan Gallardo
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Edward J. Rapp
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: William A. Osborn
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Miles D. White
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Douglas R. Oberhelman
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: David L. Calhoun
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Dennis A. Muilenburg
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Defendant: Edward B. Rust, Jr.
Represented By: Timothy L Bertschy
Represented By: Nilofer Ibrahim Umar
Represented By: Walter C Carlson
Represented By: James Wallace Ducayet
Represented By: John P Heil, Jr
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Plaintiff: Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.
Represented By: Marvin Alan Miller
Represented By: Deborah R Gross
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Interested party: The Ellen J. Stokar IRA
Represented By: Michael M Mulder
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