Austin v. Caterpillar, Inc. et al
| Bradley Austin |
| Black & Decker Inc a foreign corporation doing business as Dewalt Industrial Tool Compay and Caterpillar, Inc. |
| 1:2021cv01113 |
| April 12, 2021 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.
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Filing 26
JUDGMENT IN A CIVIL ACTION. (JS)
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Filing 25
ORDER AND OPINION entered by Judge James E. Shadid on 12/20/2021. It is ORDERED as follows: (1) Plaintiff's Motion to Remand #16 is DENIED; (2) Defendant Caterpillar's Motion to Dismiss #9 is GRANTED; (3) All claims against Defendant Caterpillar are DISMISSED with prejudice; (4) Defendant Black and Decker's Motion to Dismiss #7 is GRANTED; (5) Counts I, II, III, IV, and V against Defendant Black and Decker are DISMISSED with prejudice; and (6) Counts VI, VII, VIII against Defendant Black and Decker are DISMISSED without prejudice. The Clerk of the Court is DIRECTED to CLOSE this case. SEE FULL WRITTEN ORDER AND OPINION. (JS)
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Filing 24
MOTION to Quash PLAINTIFFS DISCOVERY REQUESTS by Defendant Black & Decker Inc. Responses due by 12/29/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kopon, Andrew)
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Filing 23
MOTION to Quash Plaintiff's Discovery Requests by Defendant Caterpillar, Inc.. Responses due by 12/27/2021 (Attachments: #1 Exhibit Complaint, #2 Exhibit Discovery)(Tenney, Robert)
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Filing 22
ORDER granting #21 Motion to Substitute Attorney. Entered by Magistrate Judge Jonathan E. Hawley on 11/18/21. (TK)
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Filing 21
MOTION to Substitute MDL Attorney, by Defendant Black & Decker Inc. Responses due by 12/1/2021 (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order for Substitution of Attorneys)(Kopon, Andrew) Modified on 11/18/2021 (TK).
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Filing 20
NOTICE (Ferracuti, Alexis)
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Filing 19
RESPONSE to Motion re #16 MOTION to Remand (Defendant BDUS' Response in Opposition to Plaintiff's Motion for Remand) filed by Defendant Black & Decker Inc. (Kopon, Andrew)
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Filing 18
REPLY to Response to Motion re #7 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5) and Illinois Supreme Court Rule 103(b) filed by Defendant Black & Decker Inc. (JS)
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TEXT ONLY ORDER granting Defendant Black & Decker Inc.'s Motion #17 for Leave to File Reply in Support of Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(5) and Illinois Supreme Court Rule 103(b). The Clerk is directed to docket the Exhibit [17-1] attached to the Motion as a separate docket entry entitled "Reply." Entered by Judge James E. Shadid on 5/13/2021. (GN)
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Filing 17
First MOTION for Leave to File a Reply in Support of Its Motion to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(5) and Illinois Supreme Court Rule 103(b) by Defendant Black & Decker Inc. Responses due by 5/26/2021 (Attachments: #1 Exhibit A)(Kopon, Andrew)
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Filing 16
MOTION to Remand by Plaintiff Bradley Austin. Responses due by 5/24/2021 (Ferracuti, Alexis)
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Filing 15
Exhibit re #12 Response to Motion to Dismiss (Caterpillar Inc.) by Bradley Austin. (Ferracuti, Alexis)
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Filing 14
Exhibit re #13 Response to Motion to Dismiss (Black & Decker Inc) by Bradley Austin. (Ferracuti, Alexis)
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Filing 13
RESPONSE to Motion re #7 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5) and Illinois Supreme Court Rule 103(b) filed by Plaintiff Bradley Austin. (Ferracuti, Alexis)
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Filing 12
RESPONSE to Motion re #9 MOTION to Dismiss pursuant to Rules 12(b)(5) and 12(b)(6) filed by Plaintiff Bradley Austin. (Ferracuti, Alexis)
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TEXT ONLY ORDER: Plaintiff has filed a document titled Plaintiff's Answer to Complaint (Notice of Removal) Response and Objection. Doc. 11. Therein, she requests the Court take an action (prohibiting the removal of the case to federal court). First, this case has already been removed; it is not pending in any state court at this time. 28 U.S.C. 1446(d). Second, because Plaintiff requests the Court take some action, her request should have been filed as a motion. More particularly, Plaintiff's request should be filed as a motion to remand. See 28 U.S.C. 1447(c). If Plaintiff wishes for the Court to consider her request, she should file an appropriate motion within the time periods set forth in the removal statute. Id. Entered by Judge James E. Shadid on 4/28/2021. (GN)
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Filing 11
Plaintiff's ANSWER to Complaint (Notice of Removal) Response and Objection by Plaintiff Bradley Austin. (Ferracuti, Alexis)
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Filing 10
MEMORANDUM OF LAW re #9 MOTION to Dismiss pursuant to Rules 12(b)(5) and 12(b)(6) by Caterpillar, Inc.. (Heil, John)
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Filing 9
MOTION to Dismiss pursuant to Rules 12(b)(5) and 12(b)(6) by Defendant Caterpillar, Inc.. Responses due by 5/3/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Heil, John)
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Filing 8
MEMORANDUM of Law in Support of Defendant BDUS' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5) and Illinois Supreme Court Rule 103(b) re #7 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5) and Illinois Supreme Court Rule 103(b) by Black & Decker Inc. (Kopon, Andrew)
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Filing 7
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5) and Illinois Supreme Court Rule 103(b) by Defendant Black & Decker Inc. Responses due by 5/3/2021 (Kopon, Andrew)
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Filing 6
NOTICE of Appearance of Attorney by Robert Ricks Tenney on behalf of Caterpillar, Inc. (Tenney, Robert)
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Filing 5
NOTICE of Appearance of Attorney by John P Heil, Jr on behalf of Caterpillar, Inc. (Heil, John)
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Filing 4
NOTICE of Appearance of Attorney by Alexis Ferracuti on behalf of Bradley Austin (Ferracuti, Alexis)
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Filing 3
DEMAND for Trial by Jury by Black & Decker Inc. (Kopon, Andrew)
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Filing 2
NOTICE of Appearance of Attorney by Andrew Kopon, Jr on behalf of Black & Decker Inc (Kopon, Andrew)
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Filing 1
NOTICE OF REMOVAL from In the Circuit Court of the Elevent Judicial Circuit Livingston County, Illinois, case number 2020L9 (Filing fee $ 402 receipt number 0753-3633927), filed by Black & Decker Inc. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2Summons and State Court Complaint #3 Exhibit Exhibit 2 to Notice of Removal, #4 Exhibit Exibit 3 to Notice of Removal, #5 Exhibit Exhibit 4 to Notice of Removal, #6 Exhibit Exhibit 5 to Notice of Removal)(Kopon, Andrew) Modified on 4/12/2021 (JS).
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