Austin v. Caterpillar, Inc. et al
Plaintiff: Bradley Austin
Defendant: Black & Decker Inc a foreign corporation doing business as Dewalt Industrial Tool Compay and Caterpillar, Inc.
Case Number: 1:2021cv01113
Filed: April 12, 2021
Court: US District Court for the Central District of Illinois
Presiding Judge: Jonathan E Hawley
Referring Judge: James E Shadid
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2021 Opinion or Order Filing 26 JUDGMENT IN A CIVIL ACTION. (JS)
December 20, 2021 Opinion or Order 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)
December 15, 2021 Opinion or Order 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)
December 13, 2021 Opinion or Order 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)
November 18, 2021 Opinion or Order Filing 22 ORDER granting #21 Motion to Substitute Attorney. Entered by Magistrate Judge Jonathan E. Hawley on 11/18/21. (TK)
November 17, 2021 Opinion or Order 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).
November 15, 2021 Opinion or Order Filing 20 NOTICE (Ferracuti, Alexis)
May 24, 2021 Opinion or Order 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)
May 14, 2021 Opinion or Order 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)
May 13, 2021 Opinion or Order 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)
May 12, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order Filing 16 MOTION to Remand by Plaintiff Bradley Austin. Responses due by 5/24/2021 (Ferracuti, Alexis)
May 3, 2021 Opinion or Order Filing 15 Exhibit re #12 Response to Motion to Dismiss (Caterpillar Inc.) by Bradley Austin. (Ferracuti, Alexis)
May 3, 2021 Opinion or Order Filing 14 Exhibit re #13 Response to Motion to Dismiss (Black & Decker Inc) by Bradley Austin. (Ferracuti, Alexis)
April 30, 2021 Opinion or Order 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)
April 30, 2021 Opinion or Order 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)
April 28, 2021 Opinion or Order 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)
April 27, 2021 Opinion or Order Filing 11 Plaintiff's ANSWER to Complaint (Notice of Removal) Response and Objection by Plaintiff Bradley Austin. (Ferracuti, Alexis)
April 19, 2021 Opinion or Order 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)
April 19, 2021 Opinion or Order 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)
April 19, 2021 Opinion or Order 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)
April 19, 2021 Opinion or Order 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)
April 16, 2021 Opinion or Order Filing 6 NOTICE of Appearance of Attorney by Robert Ricks Tenney on behalf of Caterpillar, Inc. (Tenney, Robert)
April 16, 2021 Opinion or Order Filing 5 NOTICE of Appearance of Attorney by John P Heil, Jr on behalf of Caterpillar, Inc. (Heil, John)
April 15, 2021 Opinion or Order Filing 4 NOTICE of Appearance of Attorney by Alexis Ferracuti on behalf of Bradley Austin (Ferracuti, Alexis)
April 12, 2021 Opinion or Order Filing 3 DEMAND for Trial by Jury by Black & Decker Inc. (Kopon, Andrew)
April 12, 2021 Opinion or Order Filing 2 NOTICE of Appearance of Attorney by Andrew Kopon, Jr on behalf of Black & Decker Inc (Kopon, Andrew)
April 12, 2021 Opinion or Order 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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Defendant: Black & Decker Inc a foreign corporation doing business as Dewalt Industrial Tool Compay
Represented By: Andrew Kopon, Jr
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Defendant: Caterpillar, Inc.
Represented By: John P Heil, Jr
Represented By: Robert Ricks Tenney
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Plaintiff: Bradley Austin
Represented By: Alexis Ferracuti
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