Clough et al v. Caterpillar, Inc.
| Stephen L Clough and Paula K Clough |
| Caterpillar, Inc. |
| 1:2018cv01353 |
| September 28, 2018 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Joe Billy McDade |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Remark: Civil Case Terminated pursuant to filing of #27 Stipulation of Dismissal. (JS, ilcd) |
| Filing 27 STIPULATION of Dismissal Wth Prejudice by Caterpillar, Inc.. (Morrison, Ian) |
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: In light of the settlement reported in this case, the Court finds as moot the Motions #19 and #24 for Partial Summary Judgment. Parties have leave to refile should settlement not be completed. Entered on 5/16/19. (WG, ilcd)
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TEXT ORDER granting #26 Motion to Stay. All deadline and hearings are vacated. Parties to file a Stipulation to dismiss by 6/11/2019. Entered by Magistrate Judge Jonathan E. Hawley on 5/10/19. (WG, ilcd)
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| Filing 26 Joint MOTION to Stay re Order on Motion for Extension of Time to File Response/Reply, by Plaintiffs Paula K Clough, Stephen L Clough, Counter Defendants Paula K Clough, Stephen L Clough. Responses due by 5/23/2019 (Carter, James) |
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TEXT ORDER granting #25 the parties' Joint Motion for Extension of Time of Briefing Schedule. The Plaintiff/Counter-Defendants' reply in support of their Motion for Partial Summary Judgment #19 and their response to Defendant's Cross-Motion for Partial Summary Judgment #24 are due by 5/10/2019. Entered by Magistrate Judge Jonathan E. Hawley on 3/13/2019. (KZ, ilcd)
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| Filing 25 Joint MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Partial Summary Judgment, #22 Response to Motion for Partial Summary Judgment by Plaintiffs Paula K Clough, Stephen L Clough, Counter Defendants Paula K Clough, Stephen L Clough. Responses due by 3/26/2019 (Carter, James) |
| Filing 24 CROSS-MOTION for Partial Summary Judgment by Defendant Caterpillar, Inc. Document originally filed as a response. Clerk directed to docket again as a pending motion. Responses due by 3/21/2019 (JS, ilcd) |
| Filing 23 AFFIDAVIT in Support re #22 Response to Motion for Partial Summary Judgment by Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit 1 - 10-21-16 Letter, #2 Exhibit 2 - 10-20-16 Summary, #3 Exhibit 3 - 2-22-18 Letter, #4 Exhibit 4 - Correspondence, #5 Exhibit 5 - 9-28-18 Letter, #6 Exhibit 6 - 9-12-16 Letter)(Morrison, Ian) |
| Filing 22 RESPONSE to Motion re #19 MOTION for Partial Summary Judgment (Response to Plaintiffs'/Counter-Defendants' Motion for Partial Summary Judgment) filed by Defendant Caterpillar, Inc.. (Morrison, Ian) |
| Filing 21 NOTICE OF COMPLIANCE (Carter, James) |
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TEXT ORDER granting #20 unopposed Motion for Extension of Time to File Response to #19 MOTION for Partial Summary Judgment. Responses due by 2/28/2019. Entered by Magistrate Judge Jonathan E. Hawley on 1/31/19. (WG, ilcd)
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| Filing 20 First MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Partial Summary Judgment (Unopposed) by Defendant Caterpillar, Inc.. Responses due by 2/13/2019 (Levenson, Jules) |
| Filing 19 MOTION for Partial Summary Judgment by Plaintiffs Paula K Clough, Stephen L Clough. Responses due by 2/7/2019 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10)(Carter, James) |
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TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Due to the filing of the #18 Consent to Jurisdiction by US Magistrate Judge, the Bench Trial set for 1/27/2020 at 9:00 AM and the Final Pretrial Conference set for 12/17/2019 at 11:00 AM are moved to set in Courtroom C in Peoria before Magistrate Judge Jonathan E. Hawley. Entered on 1/4/19. (WG, ilcd)
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Filing 18
ORDER: CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Jonathan E. Hawley. Entered by Judge Joe Billy McDade on 1/3/2019. (JS, ilcd)
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| Filing 17 PROPOSED ORDER: CONSENT to Jurisdiction by US Magistrate Judge. (Carter, James) |
| Filing 16 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #15 . Discovery due by 7/17/19. Dispositive Motions due by 9/17/19. Final Pretrial Conference set for 12/17/19 at 11:00 AM and Bench Trial set for 1/27/2020 at 9:00 AM, BOTH in Courtroom D before District Judge McDade. Rule 16 conference set 1/11/2019 is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 12/6/2018. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 1/2/2019. (WG, ilcd) |
| Filing 15 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Paula K Clough, Stephen L Clough. (Carter, James) |
| Filing 14 ANSWER re #7 Answer to Complaint and Counterclaim by Paula K Clough, Stephen L Clough. (Carter, James) Modified on 12/13/2018 to correct document title (SAG, ilcd). |
| Filing 13 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Paula K Clough, Stephen L Clough. (Carter, James) |
| Filing 12 Designation of Lead Counsel by James R Carter on behalf of All Plaintiffs. (Carter, James) |
| Filing 11 NOTICE of Appearance of Attorney by David N Schellenberg on behalf of All Plaintiffs (Schellenberg, David) |
| Filing 10 NOTICE of Appearance of Attorney by Ralph D Davis on behalf of All Plaintiffs (Davis, Ralph) |
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Filing 9
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 1/11/2019 at 10:15 AM via telephone (Court to set up the call). If Counsel are to be reached at a number different than what is listed on the docket sheet, they are directed to phone Judge Hawley's courtroom deputy at 309-671-7117 and confirm the phone number where they may be reached for the call. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 1/8/2019. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 11/28/2018. (WG, ilcd)
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| Filing 8 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 (Rule 7.1 and L.R. 11.3 Disclosure Statement) by Caterpillar, Inc.. (Morrison, Ian) |
| Filing 7 Defendant's ANSWER to #1 Complaint,, AND AFFIRMATIVE DEFENSES and COUNTERCLAIM by Caterpillar, Inc..(Morrison, Ian) |
| Filing 6 NOTICE of Appearance of Attorney by Jules A Levenson on behalf of Caterpillar, Inc. (Levenson, Jules) |
| Filing 5 NOTICE of Appearance of Attorney by Ian Hugh Morrison on behalf of Caterpillar, Inc. (Morrison, Ian) |
| Set Deadline: Caterpillar, Inc. answer due 11/27/2018 pursuant to Waiver of Service Returned Executed. (SAG, ilcd) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Paula K Clough, Stephen L Clough. Caterpillar, Inc. waiver sent 9/28/2018, answer due 11/27/2018. (Carter, James) Modified on 10/23/2018 to correct event and add answer ddl (SAG, ilcd). |
| Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Caterpillar, Inc. on 9/28/2018 (Attachments: #1 Exhibit Notice of Lawsuit and Request to Waive Service of Summons, #2 Exhibit Unexecuted Waiver of the Service of Summons)(Carter, James) Modified on 10/2/2018 to correct event (SAG, ilcd). |
| Filing 2 NOTICE of Compliance with Court Order re #1 Complaint,, (Attachments: #1 Exhibit Exhibit 1-1 to Complaint (redacted), #2 Exhibit Exhibit 1-2 to Complaint (redacted), #3 Exhibit Exhibit 1-3 to Complaint (redacted), #4 Exhibit Exhibit 1-4 to Complaint (redacted), #5 Exhibit Exhibit 1-7 to Complaint (redacted))(Carter, James) |
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TEXT ONLY ORDER STRIKING/SEALING EXHIBITS 1-1, 1-2, 1-3, 1-4, and 1-7. The listed exhibits are hereby STRICKEN AND SEALED as they contain identifying information. Counsel is directed to refile these documents with the proper redactions applied. See Local Rule 5.11. Entered by Judge Joe Billy McDade on 10/01/2018. (JR, ilcd)
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| Filing 1 COMPLAINT against Caterpillar, Inc. (Filing fee $ 400.00, Receipt 14626032922), filed by Paula K Clough, Stephen L Clough. (Attachments: #1 STRICKEN PURSUANT TO TEXT ORDER ENTERED 10/1/2018. Exhibit 1, #2 STRICKEN PURSUANT TO TEXT ORDER ENTERED 10/1/2018 Exhibit 2, #3 STRICKEN PURSUANT TO TEXT ORDER ENTERED 10/1/2018 Exhibit 3, #4 STRICKEN PURSUANT TO TEXT ORDER ENTERED 10/1/2018 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 STRICKEN PURSUANT TO TEXT ORDER ENTERED 10/1/2018 Exhibit 7, #8 Exhibit 8)(RK, ilcd) (Additional attachment(s) added on 9/28/2018: #9 Civil Cover Sheet) (RK, ilcd). Modified on 10/1/2018 to strike exhibits with identifying information. (JS, ilcd). |
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