Wolin, Derivatively on Behalf of Caterpillar, Inc. v. Oberhelman et al
| Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc. |
| 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. |
| The Ellen J. Stokar IRA |
| 1:2013cv01344 |
| August 5, 2013 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Adams |
| Sara Darrow |
| Jonathan E Hawley |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 48 Designation of Lead Counsel by John P Heil, Jr on behalf of All Defendants. (Heil, John) |
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)
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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to instructions from Chief Judge James E. Shadid, the assignment of this case to Magistrate Judge John A. Gorman is withdrawn due to his retirement.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)
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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)
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| 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) |
| 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) |
| Filing 44 NOTICE of Appearance of Attorney by Deborah R Gross on behalf of All Plaintiffs (Gross, Deborah) |
| 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) |
| 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) |
| Filing 41 NOTICE Verification of Michael D. Wolin Inadvertently Not Attached to Complaint filed on 8/5/2013 re #1 Complaint (Miller, Marvin) |
| 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) |
| Filing 39 CERTIFICATE of Compliance with Local Rule 7.1. (Mulder, Michael) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 31 NOTICE Statement in Response to Motion to Intervene (Miller, Marvin) |
| Filing 30 +++ SEALED DOCUMENT.. (Miller, Marvin) |
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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)
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| Judge Sara Darrow added. Judge Michael M. Mihm no longer assigned to case. (JS, ilcd) |
| Filing 28 Proposed Pretrial Order Granting Motion to Reassign by Michael D. Wolin, Derivatively on Behalf of Caterpillar, Inc.. (Miller, Marvin) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 7 NOTICE of Appearance of Attorney by Nilofer Ibrahim Umar on behalf of All Defendants (Umar, Nilofer) |
| Filing 6 NOTICE of Appearance of Attorney by James Wallace Ducayet on behalf of All Defendants (Ducayet, James) |
| 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). |
| Filing 4 NOTICE Corrected Civil Cover Sheet (Miller, Marvin) |
| 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) |
| 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) |
| 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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