Poulter v. Cottrell, Inc.
| John Poulter |
| Cottrell, Inc. |
| 1:2012cv01071 |
| February 14, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| John J Tharp |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 261 CERTIFIED copy of order dated 6/8/20 from the 7th Circuit regarding notice of appeal #253 ; Appellate case no. : 17-2349; Upon consideration of the AGREED MOTION FOR VOLUNTARY DISMISSAL, filed on June 5, 2020, by counsel for the appellant, IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (gcy, ) |
| Filing 260 MANDATE of USCA dated 6/8/20 regarding notice of appeal #253 ;USCA No.17-2349 ; No record to be returned. (gcy, ) |
| Filing 259 SEVENTH CIRCUIT transcript information sheet by John Poulter (Lundblad, Milo) |
| Filing 258 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #253 ; USCA Case No. 17-2349. (ph, ) |
| Filing 257 TRANSMITTED to the 7th Circuit the short record on notice of appeal #253 . Notified counsel (ek, ) |
| Filing 256 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #253 (ek, ) |
| Filing 255 26.1 Disclosure Statement STATEMENT by John Poulter (Lundblad, Milo) |
| Filing 254 DOCKETING Statement by John Poulter regarding notice of appeal #253 (Lundblad, Milo) |
| Filing 253 NOTICE of appeal by John Poulter regarding orders #252 , #233 Filing fee $ 505, receipt number 0752-13335191. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Notice of Filing)(Lundblad, Milo) |
| Filing 252 MEMORANDUM Opinion and Order Signed by the Honorable John J. Tharp, Jr on 6/6/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, Plaintiff's motion for a new trial #242 is denied. Defendant is awarded $12,392.73 in costs. Civil case terminated. Mailed notice(air, ) |
| Filing 251 REPLY by Defendant Cottrell, Inc. to objections #244 TO THE BILL OF COSTS (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carpenter, Daniel) |
| Filing 250 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant is directed to reply to Plaintiff's objections to the bill of costs #244 by 5/19/17. Mailed notice (air, ) |
| Filing 249 REPLY by John Poulter to response in opposition to motion #248 for a New Trial (Lundblad, Milo) |
| Filing 248 RESPONSE by Cottrell, Inc.in Opposition to MOTION by Plaintiff John Poulter for new trial #242 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Carpenter, Daniel) |
| Filing 247 TRANSCRIPT OF PROCEEDINGS held on 2/9/17 before the Honorable John J. Tharp, Jr. CONTINUED FINAL PRETRIAL CONFERENCE. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/26/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (Mccullough, Tracey) |
| Filing 246 MINUTE entry before the Honorable John J. Tharp, Jr:Cottrell's motions in limine to exclude punitive damages #219 , #220 were denied for the reasons stated on the record #237 . Mailed notice (air, ) |
| Filing 245 MINUTE entry before the Honorable John J. Tharp, Jr: For clarity of the docket, Defendants' Rule 50 motions are denied as moot in light of the jury's verdict. Mailed notice (air, ) |
| Filing 244 OBJECTIONS by John Poulter to bill of costs #240 (Lundblad, Milo) |
| Filing 243 MINUTE entry before the Honorable John J. Tharp, Jr:The Court sets a briefing schedule on Plaintiff's motion for a new trial #242 as follows: Defendant shall respond by April 12, 2017, Plaintiff may reply by April 26, 2017. The Court will rule by CM/ECF notice. Mailed notice (air, ) |
| Filing 242 MOTION by Plaintiff John Poulter for new trial (Attachments: #1 Exhibit A-1: Trial Transcript 2-3-17, #2 Exhibit A-2: Trial Transcript 2-9-17, #3 Exhibit A-3: Trial Transcript 2-13-17, #4 Exhibit A-4: Trial Transcript 2-14-17, #5 Exhibit A-5: Trial Transcript 2-15-17, #6 Exhibit A-6: Trial Transcript 2-16-17, #7 Exhibit A-7: Trial Transcript 2-17-17, #8 Exhibit A-8: Trial Transcript 2-21-17, #9 Exhibit B)(Lundblad, Milo) |
| Filing 241 MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff may file his objections, if any, to Defendant's bill of costs #240 by March 22, 2017. Mailed notice (air, ) |
| Filing 240 BILL of Costs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lorenz Moser, Amy) |
|
Filing 239
TRANSCRIPT OF PROCEEDINGS held on February 21, 2017 before the Honorable John J. Tharp, Jr. Jury Trial, Volume 6. Court Reporter Contact Information: Kelly M. Fitzgerald, kelly_fitzgerald@ilnd.uscourts.gov, 312-818-6626. |
|
Filing 238
TRANSCRIPT OF PROCEEDINGS held on February 17, 2017 before the Honorable John J. Tharp, Jr. Jury Trial, Volume 5. Court Reporter Contact Information: Kelly M. Fitzgerald, kelly_fitzgerald@ilnd.uscourts.gov, 312-818-6626. |
|
Filing 237
TRANSCRIPT OF PROCEEDINGS held on February 16, 2017 before the Honorable John J. Tharp, Jr. Jury Trial, Volume 4. Court Reporter Contact Information: Kelly M. Fitzgerald, kelly_fitzgerald@ilnd.uscourts.gov, 312-818-6626. |
|
Filing 236
TRANSCRIPT OF PROCEEDINGS held on February 15, 2017 before the Honorable John J. Tharp, Jr. Jury Trial, Volume 3. Court Reporter Contact Information: Kelly M. Fitzgerald, kelly_fitzgerald@ilnd.uscourts.gov, 312-818-6626. |
|
Filing 235
TRANSCRIPT OF PROCEEDINGS held on February 14, 2017 before the Honorable John J. Tharp, Jr. Jury Trial, Volume 2. Court Reporter Contact Information: Kelly M. Fitzgerald, kelly_fitzgerald@ilnd.uscourts.gov, 312-818-6626. |
|
Filing 234
TRANSCRIPT OF PROCEEDINGS held on February 13, 2017 before the Honorable John J. Tharp, Jr. Jury Trial, Volume 1. Court Reporter Contact Information: Kelly M. Fitzgerald, kelly_fitzgerald@ilnd.uscourts.gov, 312-818-6626. |
| Filing 233 ENTERED JUDGMENT. (ph, ) |
| Filing 232 JURY Verdict entered in favor of Defendant Cottrell, Inc. and against Plaintiff John Poulter. (Mailed Notice) (RESTRICTED) (ph, ) |
| Filing 231 JURY Notes 2. (ph, ) |
| Filing 230 JURY Notes 1. (ph, ) |
| Filing 229 JURY Instructions. (ph, ) |
| Filing 228 MINUTE entry before the Honorable John J. Tharp, Jr:Jury trial held on 2/17/17 with deliberations to begin on 2/21/17. (air, ) |
| Filing 227 MOTION by Defendant Cottrell, Inc. to amend/correct MOTION by Defendant Cottrell, Inc. for directed verdict AS A MATTER OF LAW UNDER FED. R. CIV. P 50 AND SUGGESTIONS IN SUPPORT #225 (Attachments: #1 Exhibit 1)(Carpenter, Daniel) |
| Filing 226 MINUTE entry before the Honorable John J. Tharp, Jr:Jury trial held and continued to 2/17/2017 at 09:00 a.m. Mailed notice (air, ) |
| Filing 225 MOTION by Defendant Cottrell, Inc. for directed verdict AS A MATTER OF LAW UNDER FED. R. CIV. P 50 AND SUGGESTIONS IN SUPPORT (Attachments: #1 Exhibit 1)(Carpenter, Daniel) |
| Filing 224 MINUTE entry before the Honorable John J. Tharp, Jr:Jury trial held and continued to 2/16/2017 at 09:30 AM. Mailed notice (air, ) |
| Filing 223 SUPPLEMENT to proposed jury instructions #211 Plaintiff's Instructions 47 and 48 (Lundblad, Milo) |
| Filing 222 MINUTE entry before the Honorable John J. Tharp, Jr:Jury trial held on 2/14/17 and continued to 2/15/17 at 9:30 a.m. Mailed notice (air, ) |
| Filing 221 MINUTE entry before the Honorable John J. Tharp, Jr: Jury trial begun/held and continued to 2/14/17 at 9:30 a.m. Mailed notice (air, ) |
| Filing 220 MOTION by Defendant Cottrell, Inc. to amend/correct MOTION by Defendant Cottrell, Inc.in limine To Exclude Evidence of Punitive Damages and Testimony of Cottrell's General Counsel In Light Of Rulings On Other Motions In Limine #219 (Attachments: #1 Exhibit 1)(Carpenter, Daniel) |
| Filing 219 MOTION by Defendant Cottrell, Inc.in limine To Exclude Evidence of Punitive Damages and Testimony of Cottrell's General Counsel In Light Of Rulings On Other Motions In Limine (Attachments: #1 Exhibit 1)(Carpenter, Daniel) |
| Filing 218 MINUTE entry before the Honorable John J. Tharp, Jr:Pretrial conference held. Rulings on motions in limine as discussed on the record. Jury trial to convene on 2/13/17 at 9:00 a.m. Mailed notice (air, ) |
| Filing 217 SUPPLEMENT to Response #216 to Plaintiff's MIL No. 24, Supplemental Brief Per Court Request on Admissibility of Other Similar Incident Evidence in the Seventh Circuit (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Carpenter, Daniel) |
| Filing 216 RESPONSE by Defendant Cottrell, Inc. to motion in limine #214 No. 24 (Attachments: #1 Exhibit 1)(Carpenter, Daniel) |
| Filing 215 MOTION by Plaintiff John Poulter for reconsideration regarding motion in limine, #197 , motion in limine, #190 on evidence of similar incidents (Lundblad, Milo) |
| Filing 214 MOTION by Plaintiff John Poulterin limine to Permit Questioning of Cottrell Employees (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lundblad, Milo) |
|
Filing 213
TRANSCRIPT OF PROCEEDINGS held on 02/03/2017 before the Honorable John J. Tharp, Jr. Pretrial Conference. Court Reporter Contact Information: Judith A. Walsh, Official Court Reporter, CSR, RDR, F/CRR. judith_walsh@ilnd.uscourts.gov. |
| Filing 212 PROPOSED Jury Instructions by Cottrell, Inc. (Lorenz Moser, Amy) |
| Filing 211 PROPOSED Jury Instructions by John Poulter (Lundblad, Milo) |
| Filing 210 MINUTE entry before the Honorable John J. Tharp, Jr:Pretrial conference held and continued to 2/9/17 at 10:30 a.m. Rulings on motions in limine are entered as stated on the record. Mailed notice (air, ) |
| Filing 209 Exhibit List Amended by John Poulter. (Lundblad, Milo) |
| Filing 208 RESPONSE by John Poulter to MOTION by Defendant Cottrell, Inc.in limine TO APPLY DAMAGES LAW OF INDIANA #195 (Lundblad, Milo) |
| Filing 207 RESPONSE by John Poulter to MOTION by Defendant Cottrell, Inc.in limine Consolidated #197 (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Lundblad, Milo) |
| Filing 206 RESPONSE by John Poulter to MOTION by Defendant Cottrell, Inc.in limine TO BAR EVIDENCE OF CAUSATION #196 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lundblad, Milo) |
| Filing 205 RESPONSE by John Poulter to MOTION by Defendant Cottrell, Inc.in limine for Sanctions for Spoliation of Evidence #194 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lundblad, Milo) |
| Filing 204 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine 1-18 #187 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Carpenter, Daniel) |
| Filing 203 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 19: Subsequent Remedial Measures #188 (Attachments: #1 Exhibit 1)(Carpenter, Daniel) |
| Filing 202 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 20: To Bar Evidence of Cassens' Conduct #189 (Attachments: #1 Exhibit 1)(Carpenter, Daniel) |
| Filing 201 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 21: Evidence of Similar Incidents #190 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carpenter, Daniel) |
| Filing 200 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 22: CBA #191 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carpenter, Daniel) |
| Filing 199 RESPONSE by Cottrell, Inc.in Opposition to MOTION by Plaintiff John Poulterin limine No. 23: Dr. Yapor #192 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carpenter, Daniel) |
| Filing 198 ATTORNEY Appearance for Plaintiff John Poulter by Frank James Dermody (Dermody, Frank) |
| Filing 197 MOTION by Defendant Cottrell, Inc.in limine Consolidated (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Lorenz Moser, Amy) |
| Filing 196 MOTION by Defendant Cottrell, Inc.in limine TO BAR EVIDENCE OF CAUSATION (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lorenz Moser, Amy) |
| Filing 195 MOTION by Defendant Cottrell, Inc.in limine TO APPLY DAMAGES LAW OF INDIANA (Lorenz Moser, Amy) |
| Filing 194 MOTION by Defendant Cottrell, Inc.in limine for Sanctions for Spoliation of Evidence (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Lorenz Moser, Amy) |
| Filing 193 PROPOSED Pretrial Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Lundblad, Milo) |
| Filing 192 MOTION by Plaintiff John Poulterin limine No. 23: Dr. Yapor (Attachments: #1 Exhibit A, #2 Exhibit B)(Lundblad, Milo) |
| Filing 191 MOTION by Plaintiff John Poulterin limine No. 22: CBA (Attachments: #1 Exhibit A)(Lundblad, Milo) |
| Filing 190 MOTION by Plaintiff John Poulterin limine No. 21: Evidence of Similar Incidents (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Lundblad, Milo) |
| Filing 189 MOTION by Plaintiff John Poulterin limine No. 20: To Bar Evidence of Cassens' Conduct (Lundblad, Milo) |
| Filing 188 MOTION by Plaintiff John Poulterin limine No. 19: Subsequent Remedial Measures (Lundblad, Milo) |
| Filing 187 MOTION by Plaintiff John Poulterin limine 1-18 (Attachments: #1 Exhibit A, #2 Exhibit B)(Lundblad, Milo) |
Filing 186
ORDER: Defendant's motion for a certificate of appealability #180 is denied. The Court is not of the opinion that there is substantial ground for difference of opinion as required by 28 U.S.C. 1292(b). Further, interlocutory appeal will not materially advance the ultimate termination of the litigation; trial in this matter is pending shortly and if Defendant is found liable, the issue will be available for appeal in short order; a finding in Defendant's favor, however, will moot the need for an appeal on this issue. Defendant's motion to continue the trial #183 is also denied. The Court's schedule for the week of 2/21 will permit the trial to continue into that week if necessary. No appearance on the motions on 1/19 is required. The pretrial schedule previously set by the Court #179 stands. Signed by the Honorable John J. Tharp, Jr on 1/13/2017. (ph, )
|
| Filing 185 COTTRELL'S NOTICE of Motion by Daniel J. Carpenter for presentment of motion to continue #183 before Honorable John J. Tharp Jr. on 1/19/2017 at 09:00 AM. (Carpenter, Daniel) |
| Filing 184 MEMORANDUM IN SUPPORT OF MOTION TO CONTINUE TRIAL DATE OF FEB. 13, 2017 by Cottrell, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carpenter, Daniel) |
| Filing 183 MOTION by Defendant Cottrell, Inc. to continue TRIAL DATE OF FEB. 13, 2017 (Carpenter, Daniel) |
| Filing 182 COTTRELL'S NOTICE of Motion by Daniel J. Carpenter for presentment of motion for certificate of appealability #180 before Honorable John J. Tharp Jr. on 1/19/2017 at 09:00 AM. (Carpenter, Daniel) |
| Filing 181 MEMORANDUM IN SUPPORT OF MOTION FOR IMMEDIATE APPEAL UNDER 28 U.S.C. 1292 OF WHETHER NEED FOR EXPERT TESTIMONY IS A FEDERAL OR STATE LAW ISSUE by Cottrell, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carpenter, Daniel) |
| Filing 180 MOTION by Defendant Cottrell, Inc. for certificate of appealability UNDER 28 U.S.C. 1292 OF WHETHER NEED FOR EXPERT TESTIMONY IS A FEDERAL OR STATE LAW ISSUE (Carpenter, Daniel) |
| Filing 179 MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held. Preliminary pretrial order (see the courts website for required form and content) is due by 1/23/17. Responses and objections to motions in limine due and proposed voir dire to be submitted by 1/30/17. Pretrial conference set on 2/3/17 at 2:00 p.m. Any motion to reset the trial date must be filed on or before 1/12/17. If not agreed, upon the filing of such motion, the objecting party must contact the courtroom deputy promptly to schedule a response. Mailed notice (air, ) |
| Filing 178 MEMORANDUM Opinion and Order: For the reasons explained in the attached Memorandum Opinion and Order, Defendant's motion for summary judgment #169 is denied. The hearing on 1/5/17 stands. Signed by the Honorable John J. Tharp, Jr on 12/28/2016. Mailed notice(air, ) |
| Filing 177 RESPONSE by Defendant Cottrell, Inc. to Rule 56 statement, #174 Requiring The Denial of Summary Judgment (Carpenter, Daniel) |
| Filing 176 REPLY by Cottrell, Inc. to response to motion #175 For Summary Judgment (Carpenter, Daniel) |
| Filing 175 RESPONSE by John Poulter to MOTION by Defendant Cottrell, Inc. for summary judgment #169 (Lundblad, Milo) |
| Filing 174 RULE 56 Statement of Facts Requiring The Denial of Summary Judgment (Attachments: #1 Exhibit Exhibit A- Widas Deposition, #2 Notice of Filing Pltf's Supplemental Rule 56.1 Statement of Facts requiring the denial of summary judgment)(Lundblad, Milo) |
| Filing 173 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for extension of time to respond to the summary-judgment motion #171 is granted. No appearance on the motion is required. Plaintiff may until 10/24/2016 to respond. Defendant's reply is due 10/31/206. Plaintiff is reminded once again that all motions must be accompanied by a notice for presentment. Mailed notice (air, ) |
| Filing 172 Deposition by John Poulter Deposition of George Widas in Schuring v. Cottrell, 13-CV-7142, taken September 21, 2016 (Attachments: #1 Exhibit to Deposition)(Lundblad, Milo) |
| Filing 171 MOTION by Plaintiff John Poulter for extension of time to file response/reply as to motion for summary judgment #169 (Lundblad, Milo) |
| Filing 170 MEMORANDUM by Cottrell, Inc. in support of motion for summary judgment #169 (Attachments: #1 Exhibit 1)(Carpenter, Daniel) |
| Filing 169 MOTION by Defendant Cottrell, Inc. for summary judgment (Carpenter, Daniel) |
|
Filing 168
TRANSCRIPT OF PROCEEDINGS held on September 27, 2016 before the Honorable John J. Tharp, Jr. Court Reporter Contact Information: Kelly M. Fitzgerald, kelly_fitzgerald@ilnd.uscourts.gov, 312-818-6626. |
| Filing 167 MINUTE entry before the Honorable John J. Tharp, Jr:Motion hearing held. For the reasons stated on the record, Defendant's Motion in Limine #163 with supporting document(s) is deemed withdrawn. Leave of court is granted for Defendant to file a motion for summary judgment by 10/4/16. Plaintiff's response to the motion is due by 10/18/16. Defendant's reply is due by 10/25/16. Mailed notice (air, ) |
| Filing 166 SUPPLEMENT to motion in limine #163 TO APPLY FEDERAL LAW TO THE ISSUE OF THE NEED FOR EXPERT TESTIMONY IN THIS DESIGN DEFECT CASE (Carpenter, Daniel) |
| Filing 165 MINUTE entry before the Honorable John J. Tharp, Jr:On the court's own motion, the Notice of Motion #164 is stricken. Judge Tharp does not hear motions on Mondays except in emergencies. No appearance on the motion is required on 9/26/2016. The motion hearing is re-set for 9/27/16 at 9:00 a.m. Mailed notice (air, ) |
| Filing 164 NOTICE of Motion by Daniel J. Carpenter for presentment of motion in limine #163 before Honorable John J. Tharp Jr. on 9/26/2016 at 09:00 AM. (Carpenter, Daniel) |
| Filing 163 MOTION by Defendant Cottrell, Inc.in limine TO APPLY FEDERAL LAW TO THE ISSUE OF THE NEED FOR EXPERT TESTIMONY IN THIS DESIGN DEFECT CASE (Carpenter, Daniel) |
| Filing 162 MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 1/5/17 at 9:00 a.m. to set the remainder of the pretrial schedule. Trial is set for 2/13/17. Mailed notice (air, ) |
| Filing 161 MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 6/16/16 at 9:00 a.m. Parties report that the mediation proceedings were unsuccessful. Further discovery regarding plaintiff's medical condition and damages is authorized and will conclude on 6/8/16. Mailed notice (air, ) |
| Filing 160 MINUTE entry before the Honorable John J. Tharp, Jr:The status hearing of 2/4/16 is stricken and re-set for 3/10/16 at 9:00 a.m. The parties are required to appear for the status hearing regardless of whether the mediation has finally taken place. Mailed notice (air, ) |
| Filing 159 STATUS Report (Joint) by Cottrell, Inc. (Lorenz Moser, Amy) |
| Filing 158 ATTORNEY Appearance for Plaintiff John Poulter by David Adam Warnick (Warnick, David) |
| Filing 157 MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 2/4/16 at 9:00 a.m. Parties report that mediation proceedings have been rescheduled. Mailed notice (air, ) |
| Filing 156 MINUTE entry before the Honorable John J. Tharp, Jr:Upon the parties' agreed request in their Joint Status Report, the status hearing of 9/16/2015 is re-set for December 1, 2015 at 9:00 a.m. In light of the ongoing mediation proceedings and expansion of the record on damages, and the uncertainty regarding whether and when any trial will proceed in this matter, all pending motions in limine #112 #113 #115 #116 #117 #118 #119 #120 #121 #122 #123 #128 #129 #130 #131 #132 #136 are stricken without prejudice to their re-filing in the event the case is re-set for trial in the future. Mailed notice (air, ) |
| Filing 155 STATUS Report Joint Status Report by Cottrell, Inc. (Lorenz Moser, Amy) |
| Filing 154 MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 9/16/15 at 9:00 a.m. Parties have a private mediation scheduled. Mailed notice (cdh, ) |
| Filing 153 NOTICE by Amy J. Lorenz Moser of Change of Address (Lorenz Moser, Amy) |
| Filing 152 MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 7/14/15 at 9:00 a.m. Parties plan to engage in a private mediator. If an earlier status hearing is necessary, or if a resolution is reached, please call the Courtroom Deputy. Mailed notice (air, ) |
| Filing 151 ATTORNEY Appearance for Plaintiff John Poulter by Edward Roy Moor Additional Appearance (Moor, Edward) |
| Filing 150 MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 5/12/15 at 9:30 a.m. Without objection, the Defendant's request that the medical discovery deadline be extended to 5/11/15 is granted. If the parties wish to conduct a settlement conference before the assigned Magistrate Judge, please notify the Courtroom Deputy. Mailed notice (air, ) |
| Filing 149 MINUTE entry before the Honorable John J. Tharp, Jr: The motion hearing on 3/5/2015 is stricken as the Court has already ruled on the underlying motion.Mailed notice (air, ) |
| Filing 148 MOTION TO QUASH DEFENDANT'S NOTICE FOR VIDEO DEPOSITION OF DR. ANDREW ZELBY #145 NOTICE of Motion by Milo W. Lundblad for presentment of before Honorable John J. Tharp Jr. on 3/5/2015 at 09:00 AM. (Lundblad, Milo) |
| Filing 147 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to quash the deposition of Dr. Zelby #145 is denied. The Court extended "fact" discovery in this case expressly for the purposes of, among other things, permitting the deposition of Dr. Zelby, whether that deposition is a "fact" or "expert" deposition. The Court notes as well that Plaintiff failed to notice the motion for presentment in accordance with Local Rule 5.3(b), so the Court has ruled on the basis of the parties' submissions. Mailed notice (air, ) |
| Filing 146 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulter to quash Defendant's Notice for Video Deposition of Dr. Andrew Zelby #145 (Lorenz Moser, Amy) |
| Filing 145 MOTION by Plaintiff John Poulter to quash Defendant's Notice for Video Deposition of Dr. Andrew Zelby (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lundblad, Milo) |
| Filing 144 MINUTE entry before the Honorable John J. Tharp, Jr: Motion hearing held. Status hearing set for 3/31/15 at 9:00 a.m. Defendant's joint motion to reopen discovery, continue pretrial and trial dates #142 is granted in part. The pretrial and trial dates are stricken. The close of fact discovery is extended to 3/27/15. Mailed notice (air, ) |
| Filing 143 MINUTE entry before the Honorable John J. Tharp, Jr:Parties' Joint Emergency Motion to Reopen Discovery, Continue Pretrial, and Continue Trial Date #142 will be heard on 1/14/15 at 8:45 a.m. Mailed notice (air, ) |
| Filing 142 MOTION by Defendant Cottrell, Inc. for discovery to be re-opened, MOTION by Defendant Cottrell, Inc. to continue pretrial and trial date (joined by plaintiffs) (Lorenz Moser, Amy) |
| Filing 141 RESPONSE by Cottrell, Inc.in Support of MOTION by Defendant Cottrell, Inc.in limine To Apply Judicial Estoppel Remedies and to Reconsider Order Denying Summary Judgment and Complete Preemption Under Rule 54 and Suggestions in Support #115 (Carpenter, Daniel) |
| Filing 140 MINUTE entry before the Honorable John J. Tharp, Jr: The Clerk is directed to remove document entry #107 and exhibits from the docket. Mailed notice (air, ) |
| Filing 139 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 20 #121 to Bar Evidence that the CBA Dictated the Safety Equipment Included on the Head Ramp (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Carpenter, Daniel) |
| Filing 138 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 19 #120 to Admit Evidence of Other Similar Accidents (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Carpenter, Daniel) |
| Filing 137 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 18 #119 to Bar Mr. Widas' Opinion That There Was Ice On The Head Ramp (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Carpenter, Daniel) |
| Filing 136 MOTION by Plaintiff John Poulterin limine Remedial (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Attachment dep of Feldman, #4 Attachment Dep of Howes, #5 Attachment Dep of Howes, #6 Attachment Dep of Howes, #7 Attachment Dep of Feldman)(Lundblad, Milo) |
| Filing 135 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 17 #118 to Bar Evidence that Cassens Did Not Request the Safety Epuipment (Attachments: #1 Exhibit A)(Carpenter, Daniel) |
| Filing 134 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine No. 16 #117 (Attachments: #1 Exhibit A)(Carpenter, Daniel) |
| Filing 133 RESPONSE by Cottrell, Inc. to MOTION by Plaintiff John Poulterin limine Nos. 1 through 15 #116 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Carpenter, Daniel) |
| Filing 132 MOTION by Plaintiff John Poulterin limine Causation (Attachments: #1 Attachment Dep of Poulter, #2 Attachment Dep of Widas, #3 Attachment Dep of Kassekert)(Lundblad, Milo) |
| Filing 131 MOTION by Plaintiff John Poulterin limine Estoppel (Lundblad, Milo) |
| Filing 130 MOTION by Plaintiff John Poulterin limine (Lundblad, Milo) |
| Filing 129 MOTION by Plaintiff John Poulterin limine Regarding Irvine (Lundblad, Milo) |
| Filing 128 MOTION by Plaintiff John Poulterin limine (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lundblad, Milo) |
| Filing 127 Corrected Motion (Correction via Consent) in Limine for Sanctions for Spoliation of Evidence and Memorandum in Support by Cottrell, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Carpenter, Daniel) |
| Filing 126 MINUTE entry before the Honorable John J. Tharp, Jr: The Clerk is directed to strike document entry #125 and exhibit from the docket. Mailed notice (air, ) |
| Filing 125 Document removed per 12/19/2014 court order (as, ). |
| Filing 124 PRETRIAL Memorandum (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Lundblad, Milo) |
| Filing 123 MOTION by Defendant Cottrell, Inc.in limine and Suggestions in Support (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Carpenter, Daniel) |
| Filing 122 MOTION by Defendant Cottrell, Inc.in limine Regarding the Irvine Report (Attachments: #1 Exhibit A)(Carpenter, Daniel) |
| Filing 121 MOTION by Plaintiff John Poulterin limine No. 20 (Attachments: #1 Exhibit 20)(Lundblad, Milo) |
| Filing 120 MOTION by Plaintiff John Poulterin limine No. 19 (Lundblad, Milo) |
| Filing 119 MOTION by Plaintiff John Poulterin limine No. 18 (Attachments: #1 Exhibit A)(Lundblad, Milo) |
| Filing 118 MOTION by Plaintiff John Poulterin limine No. 17 (Lundblad, Milo) |
| Filing 117 MOTION by Plaintiff John Poulterin limine No. 16 (Lundblad, Milo) |
| Filing 116 MOTION by Plaintiff John Poulterin limine Nos. 1 through 15 (Lundblad, Milo) |
| Filing 115 MOTION by Defendant Cottrell, Inc.in limine To Apply Judicial Estoppel Remedies and to Reconsider Order Denying Summary Judgment and Complete Preemption Under Rule 54 and Suggestions in Support (Attachments: #1 Exhibit A, #2 Exhibit B)(Carpenter, Daniel) |
| Filing 114 MINUTE entry before the Honorable John J. Tharp, Jr: Minute entry #111 is amended to include: Responses/objections deadline to the Motions in Limine is extended to 12/22/14. Mailed notice (air, ) |
| Filing 113 MOTION by Defendant Cottrell, Inc.in limine Regarding Subsequent Remedial Measure (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Carpenter, Daniel) |
| Filing 112 MOTION by Defendant Cottrell, Inc.in limine To Bar Evidence of Causation and Suggestions in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Carpenter, Daniel) |
| Filing 111 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's agreed motion for extension of time #110 is granted. The pretrial materials are due 12/15/2014. No appearance on the motion is necessary. Mailed notice (air, ) |
| Filing 110 MOTION by Defendant Cottrell, Inc. for extension of time by consent of one-business day for pretrial deadlines (Lorenz Moser, Amy) |
| Filing 109 ATTORNEY Appearance for Plaintiff John Poulter by Kyle R. Burkhardt (Burkhardt, Kyle) |
| Filing 108 MINUTE entry before the Honorable John J. Tharp, Jr: Defendant's motion to amend #107 is a corrected version of the motion previously docketed at #104 . The Clerk is directed to strike the original motion and exhibits #104 from the docket. Mailed notice (air, ) |
| Filing 107 Document removed per 12/23/2014 court order. (as, ). |
| Filing 106 MINUTE entry before the Honorable John J. Tharp, Jr: Notice of motion #105 is stricken. No appearance on defendant's motion #104 is required. The previously entered briefing schedule for pretrial motions #102 stands. Motions in limine and responses will be discussed at the pretrial conference of 1/15/15. The parties need not notice any further pretrial motions for hearing. Mailed notice (air, ) |
| Filing 105 NOTICE of Motion by Daniel J. Carpenter for presentment of motion in limine, #104 before Honorable John J. Tharp Jr. on 12/10/2014 at 09:00 AM. (Carpenter, Daniel) |
| Filing 104 Removed per court order on 12/05/2014.(Carpenter, Daniel) Modified on 12/5/2014 (as, ). |
| Filing 103 Amended Disclosure of Corporate Interests by Cottrell, Inc. (Lorenz Moser, Amy) |
| Filing 102 MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held. Defendant's motion for reconsideration #100 is denied for reasons stated on the record. Trial is set on 2/2/15. Pretrial Conference is set for 1/15/15 at 2:00 p.m. Submission of the preliminary pretrial order, motions in limine, and proposed jury instructions are due on 12/12/14; responses/objections to motions in limine due 12/19/14. Mailed notice (air, ) |
| Filing 101 NOTICE of Motion by Daniel J. Carpenter for presentment of motion for reconsideration, motion for relief #100 before Honorable John J. Tharp Jr. on 8/6/2014 at 09:00 AM. (Carpenter, Daniel) |
| Filing 100 MOTION by Defendant Cottrell, Inc. for reconsideration regarding memorandum opinion and order #98 Denying Summary Judgment Based on New Authorities (Carpenter, Daniel) |
| Filing 99 MINUTE entry before the Honorable John J. Tharp, Jr: Case called twice. Plaintiff's counsel attempted to reach defendant's counsel without success. Status hearing is reset for 7/30/14 at 9:00 a.m. to set a trial date. Parties to discuss possible trial dates. Mailed notice (air, ) |
| Filing 98 MEMORANDUM Opinion and Order Signed by the Honorable John J. Tharp, Jr on 6/24/2014:Mailed notice(air, ) |
| Filing 97 MINUTE entry before the Honorable John J. Tharp, Jr: For the reasons set forth in the Memorandum Opinion and Order, the defendant's motion for summary judgment #73 is denied. A status hearing is set for 7/17/2014 at 9:00 a.m. ENTER MEMORANDUM OPINION AND ORDER. Mailed notice (air, ) |
|
Filing 96
ORDER Signed by the Honorable John J. Tharp, Jr on 6/24/2014: For the reasons set forth in the Statement below, the defendant's motion to strikeplaintiff's expert #67 is granted in part and denied in part. (For further details see order) Mailed notice(air, )
|
| Filing 95 MINUTE entry before the Honorable John J. Tharp, Jr: Motion by Defendant Cottrell, Inc. for leave to supplement reply in support of summary judgment and Daubert briefing and combined suggestions in support #93 is granted. No appearance on the motion required. Mailed notice (air, ) |
| Filing 94 NOTICE of Motion by Daniel J. Carpenter for presentment of motion for leave to file #93 before Honorable John J. Tharp Jr. on 1/7/2014 at 09:00 AM. (Carpenter, Daniel) |
| Filing 93 MOTION by Defendant Cottrell, Inc. for leave to file Supplement Reply in Support of Summary Judgment and Daubert Briefing and Combined Suggestions in Support (Attachments: #1 Exhibit A, #2 Exhibit B)(Carpenter, Daniel) |
| Filing 92 CERTIFICATE of Service of Exhibits by Daniel J. Carpenter on behalf of Cottrell, Inc. regarding reply to response to motion #91 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L)(Carpenter, Daniel) |
| Filing 91 REPLY by Cottrell, Inc. to response in opposition to motion #81 for Summary Judgment (Carpenter, Daniel) |
| Filing 90 RESPONSE by Defendant Cottrell, Inc. to Rule 56 statement #87 in Opposition to Cottrell's Motion for Summary Judgment (Carpenter, Daniel) |
| Filing 89 EXHIBITS AA AND R to Plaintiff's response in opposition to defendant's motion for summary judgment. (gcy, ) (Main Document 89 replaced on 1/16/2019) (dlc, )(Previously unavailable for docketing). Modified on 1/16/2019 (dlc, ). |
| Filing 88 EXHIBIT by Plaintiff John Poulter Exhibit C regarding response in opposition to motion #81 (Attachments: #1 Exhibit C)(Lundblad, Milo) |
| Filing 87 RULE 56 Rule 56.1 Statement (Attachments: #1 Appendix)(Lundblad, Milo) |
| Filing 86 EXHIBIT by Plaintiff John Poulter regarding response in opposition to motion #81 (Attachments: #1 Exhibit Q, #2 Exhibit S, #3 Exhibit T, #4 Exhibit U, #5 Exhibit V, #6 Exhibit W, #7 Exhibit X, #8 Exhibit Y, #9 Exhibit Z)(Lundblad, Milo) |
| Filing 85 EXHIBIT by Plaintiff John Poulter regarding response in opposition to motion #81 (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N, #6 Exhibit O, #7 Exhibit P)(Lundblad, Milo) |
| Filing 84 EXHIBIT by Plaintiff John Poulter regarding response in opposition to motion #81 (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I)(Lundblad, Milo) |
| Filing 83 EXHIBIT by Plaintiff John Poulter regarding response in opposition to motion #81 (Attachments: #1 Exhibit B)(Lundblad, Milo) |
| Filing 82 CERTIFICATE Certificate of Service of Exhibit A to Plaintiff's Response in Opposition to Def. MSJ (Attachments: #1 Exhibit A)(Lundblad, Milo) |
| Filing 81 RESPONSE by John Poulterin Opposition to MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support #73 (Attachments: #1 Certificate of Service)(Lundblad, Milo) |
| Filing 80 RESPONSE by Plaintiff John Poulter (Attachments: #1 Certificate of Service, #2 Exhibit, #3 Exhibit)(Lundblad, Milo) |
| Filing 79 MINUTE entry before Honorable John J. Tharp, Jr:Plaintiff's agreed motion to extend briefing schedule on defendant's motion for summary judgment #78 is granted. Plaintiff's response is due 11/1/2013. Defendant's reply due 11/15/13. The motion will not be heard on 10/17.Mailed notice (air, ) |
| Filing 78 NOTICE of Motion by Milo W. Lundblad for presentment of motion for summary judgment, #73 before Honorable John J. Tharp Jr. on 10/17/2013 at 09:00 AM. (Attachments: #1 Certificate of Service Notice of Motion, #2 Exhibit A, #3 Exhibit B)(Lundblad, Milo) |
| Filing 77 RESPONSE by Cottrell, Inc.in Support of MOTION by Defendant Cottrell, Inc. to strike Plaintiff's Expert and Memorandum in Support #67 Under Daubert (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carpenter, Daniel) |
| Filing 76 MINUTE entry before Honorable John J. Tharp, Jr: In response to the Court's order requiring defendant Cottrell to file one motion for summary judgment, one brief in support, and one Local Rule 56.1 statement #72 , Defendant has filed a single document #73 , presumably intended to be all three. The filing does not comply with the Court's order or with Local Rule 56.1(a)(3)'s requirement that the moving party serve and file a statement of undisputed material facts, and that the statement include a description of the parties, and all facts supporting venue and jurisdiction in this court. However, in the interest of efficiency, and because the Facts section of the brief contains numbered paragraphs with citations to the record, the Court will deem that to be the defendant's Local Rule 56.1(a)(3) statement, to which the appropriate response under Local Rule 56.1(b)(3) will be required of the plaintiff. Mailed notice (air, ) |
| Filing 75 EXHIBIT by Plaintiff John Poulter regarding memorandum in opposition to motion #74 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Lundblad, Milo) |
| Filing 74 MEMORANDUM by John Poulter in Opposition to motion for summary judgment, #73 (Attachments: #1 Certificate of Service)(Lundblad, Milo) |
| Filing 73 MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H 1 of 4, #9 Exhibit H 2 of 4, #10 Exhibit H 3 of 4, #11 Exhibit H 4 of 4, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K)(Carpenter, Daniel) |
| Filing 72 MINUTE entry before Honorable John J. Tharp, Jr:Defendant's separate motions for summary judgment [64, 66, 68, and 69], and accompanying Rule 56.1 statements, are stricken without prejudice. Defendant is granted leave to file a single motion, with a supporting memorandum of not more than 25 pages, and a single Rule 56.1 statement. This motion is due 9/20/13. Plaintiff's response, which may also be up to 25 pages in length, is due 10/18/13. Reply, of no more than 15 pages, due 11/1/13. Defendant's motion to strike #67 is taken under advisement. Plaintiff's response is due 9/20/13; Reply due 10/4/13. Mailed notice (air, ) |
| Filing 71 NOTICE of Motion by Daniel J. Carpenter for presentment of motion for summary judgment #66 , motion for summary judgment #69 , motion for summary judgment #68 , motion to strike #67 , motion for summary judgment #64 before Honorable John J. Tharp Jr. on 9/18/2013 at 09:00 AM. (Carpenter, Daniel) |
| Filing 70 STATEMENT by Defendant Cottrell, Inc.in Support of MOTION by Defendant Cottrell, Inc. for summary judgment on Plaintiff's Willful and Wanton Claim (Count IV) and Memorandum in Support #68 , MOTION by Defendant Cottrell, Inc. to strike Plaintiff's Expert and Memorandum in Support #67 , MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support Based on Lack of Expert Testimony #66 , MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support Based on Contract Specifications, Incurred Risk, and No Evidence of Risk-Utility #64 , MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support on Plaintiff's Claim for Breach of Implied Warranty #69 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Carpenter, Daniel) |
| Filing 69 MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support on Plaintiff's Claim for Breach of Implied Warranty (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carpenter, Daniel) |
| Filing 68 MOTION by Defendant Cottrell, Inc. for summary judgment on Plaintiff's Willful and Wanton Claim (Count IV) and Memorandum in Support (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carpenter, Daniel) |
| Filing 67 MOTION by Defendant Cottrell, Inc. to strike Plaintiff's Expert and Memorandum in Support (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carpenter, Daniel) |
| Filing 66 MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support Based on Lack of Expert Testimony (Attachments: #1 Exhibit A)(Carpenter, Daniel) |
| Filing 65 STATEMENT by Defendant Cottrell, Inc.in Support of MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support Based on Contract Specifications, Incurred Risk, and No Evidence of Risk-Utility #64 for Which There Is No Genuine Dispute for Cottrell's Motions for Summary Judgment and Motion to Exclude the Testimony of David kasserkert Under Daubert (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Carpenter, Daniel) |
| Filing 64 MOTION by Defendant Cottrell, Inc. for summary judgment and Memorandum in Support Based on Contract Specifications, Incurred Risk, and No Evidence of Risk-Utility (Carpenter, Daniel) |
| Filing 63 MOTION by Plaintiff John Poulter for disclosure (Attachments: #1 Certificate of Service, #2 Exhibit, #3 Exhibit)(Lundblad, Milo) |
| Filing 62 MEMORANDUM Opinion Signed by the Honorable John J. Tharp, Jr on 7/9/2013:Mailed notice(air, ) |
| Filing 61 MINUTE entry before Honorable John J. Tharp, Jr: For the reasons set forth in the Court's memorandum opinion, and as previously stated at the status hearing on 6/27/2013, defendant Poulter's motion to dismiss #42 is denied. ENTER MEMORANDUM OPINION. (For further details see separate order)Mailed notice (air, ) |
| Filing 60 MINUTE entry before Honorable John J. Tharp, Jr: Status hearing held. Defendant's motion to dismiss under LMRA complete preemption #42 is denied. Opinion is forthcoming. Fact discovery cut-off is extended to 8/2/13. Dispositive motions and supporting memoranda due 8/30/13. There is no need to notice motion(s) for presentment. Response(s) due 9/27/13. Reply(ies) due 10/18/13. Mailed notice (air, ) |
| Filing 59 MINUTE entry before Honorable John J. Tharp, Jr: Status hearing held and continued to 6/27/2013 at 9:00 a.m. Plaintiff's agreed motion to extend time for discovery #58 is granted. Discovery cut-off is extended to 6/30/2013.Mailed notice (air, ) |
| Filing 58 MOTION by Plaintiff John Poulter for extension of time (Attachments: #1 Notice of Motion)(Lundblad, Milo) |
| Filing 57 MINUTE entry before Honorable John J. Tharp, Jr: Status hearing set for 4/24/2013 is stricken and reset for 4/30/2013 at 09:00 AM.Mailed notice (air, ) |
| Filing 56 MINUTE entry before Honorable John J. Tharp, Jr:On the Court's own motion, status hearing re-set for4/24/2013 at 09:00 AM. No appearance required on 3/21/2013.Mailed notice (air, ) |
| Filing 55 MINUTE entry before Honorable John J. Tharp, Jr:On the Court's own motion, the status hearing for this case is reset for for 3/21/2013 at 09:00 AM. No appearance is required on 2/12/2013.Mailed notice (air, ) |
| Filing 54 MINUTE entry before Honorable John J. Tharp, Jr:On the Court's own motion, status hearing reset for 2/12/2013 at 09:00 AM.Mailed notice (air, ) |
| Filing 53 CONFIDENTIALITY Order Signed by the Honorable John J. Tharp, Jr on 11/14/2012:Mailed notice(air, ) |
| Filing 52 MINUTE entry before Honorable John J. Tharp, Jr: ENTER CONFIDENTIALITY ORDER. (For further details see separate order)Mailed notice (air, ) |
| Filing 51 MINUTE entry before Honorable John J. Tharp, Jr: Status hearing held and continued to 2/7/2013 at 9:00 a.m. The Court will rule by mail on defendants Motion to Dismiss #42 . Mailed notice (air, ) |
| Filing 50 REPLY by Cottrell, Inc. to memorandum in opposition to motion #46 , MOTION by Defendant Cottrell, Inc. to dismiss under LMRA Preemption #42 , memorandum in support of motion, #43 (Carpenter, Daniel) |
| Filing 49 NOTICE by Cottrell, Inc. of Withdrawal of Theresa M. Lynch (Lynch, Theresa) |
| Filing 48 Exhibit G1-15 to Memorandum in Opposition of Defendant's Motion by John Poulter (Lundblad, Milo) |
| Filing 47 Exhibit F to Memorandum in Opposition by John Poulter (Lundblad, Milo) |
| Filing 46 MEMORANDUM by John Poulter in Opposition to motion to dismiss #42 (Attachments: #1 Exhibit A-E, #2 Certificate of Service)(Lundblad, Milo) |
| Filing 45 MINUTE entry before Honorable John J. Tharp, Jr: Motion hearing held. Defendants motion to dismiss #42 is taken under advisement. Plaintiffs response due 9/27/2012. Reply is due 10/12/2012.Mailed notice (air, ) |
| Filing 44 NOTICE of Motion by Daniel J. Carpenter for presentment of motion to dismiss #42 before Honorable John J. Tharp Jr. on 9/13/2012 at 09:00 AM. (Carpenter, Daniel) |
| Filing 43 MEMORANDUM by Cottrell, Inc. in support of motion to dismiss #42 under LMRA Complete Preemption (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Carpenter, Daniel) |
| Filing 42 MOTION by Defendant Cottrell, Inc. to dismiss under LMRA Preemption (Carpenter, Daniel) |
| Filing 41 MINUTE entry before Honorable John J. Tharp, Jr: Status hearing held. Defendants motion for leave to file first amended answer #38 is granted. The First Amended Answer is deemed filed #39 . Defendants motion to strike first amended answer #40 is denied as moot. Status hearing set for 9/12/2012 is stricken and reset for 11/13/2012 at 9:00 a.m. Mailed notice (air, ) |
| Filing 40 MOTION by Defendant Cottrell, Inc. to strike answer to complaint #39 (Lynch, Theresa) |
| Filing 39 First Amended ANSWER to Complaint with Jury Demand and Affirmative Defenses by Cottrell, Inc.(Lynch, Theresa) |
| Filing 38 MOTION by Defendant Cottrell, Inc. for leave to file First Amended Answer (Lynch, Theresa) |
| Filing 37 MINUTE entry before Honorable John J. Tharp, Jr: Plaintiff's objections to the Defendant's Protective Order #34 are overruled. Defendant is directed to submit a revised Protective Order, based on the model template recently approved in the Northern District of Illinois (Form LR26.2), which can be accessed via a link on this Court's web site in its Case Management Procedures for Confidential Information and Protective Orders. Consistent with the instructions on the Court's web site, all modifications to the standard template should be redlined for ease of identification. "Pricing information" may be designated as Confidential Information only if it satisfies one or more of the criteria set forth in paragraph 2 of the model order; consistent with the provisions of paragraph 9 of the model order, Plaintiff may challenge the propriety of a designation of Pricing Information as Confidential. A clean copy of the Protective Order, in Word or Word Perfect format, should also be submitted. A status hearing will be held on August 9, 2012 at 9:00 a.m.; any motions for joinder of parties or amendment of pleadings, which are due on August 2, 2012, should be noticed for that date as well.Mailed notice (air, ) |
| Filing 36 Plaintiff's Answer to Defendant's Affirmative Defenses by John Poulter (Attachments: #1 Certificate of Service)(Shammas, Michael) |
| Filing 35 STATUS Report by Cottrell, Inc. (Lynch, Theresa) |
| Filing 34 Opposition to Protective Order by John Poulter (Attachments: #1 Certificate of Service)(Shammas, Michael) |
| Filing 33 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Cottrell, Inc.(Lynch, Theresa) |
| Filing 32 MINUTE entry before Honorable John J. Tharp, Jr: Motion hearing held. Defendants motion for a protective order #25 is taken under advisement. Plaintiff fails to appear. Plaintiffs objections, if any, are due by June 21, 2012. Defendants are to confer with plaintiffs regarding any objections and submit a modified Protective Order reflecting any agreed modifications by the parties as well as the modifications identified by the Court during the motion hearing. Revised proposed protective order to be submitted by June 28, 2012. Defendant need not produce materials that it believes are subject to the proposed protective order until such time as the Court rules on the motion. The Parties are also directed to confer, and then to prepare and file a joint status report, not to exceed five pages, no later than June 28, 2012. A template for the Reassignment Status Report, setting forth the information required, is attached to this order and can be found on Judge Tharps home page. The May 1, 2013 discovery deadline remains in effect. Status hearing set on September 12, 2012 at 9:00 a.m. (For further details see attached) Mailed notice (air, ) |
| Filing 31 MINUTE entry before Honorable John W. Darrah: This case having been reassigned to the calendar of Judge John J. Tharp, Jr., all dates before Judge Darrah are vacated: 6/7/12 status hearing, 6/14/12 notice of motion, pretrial conference set for 10/17/13 and jury trial set for 10/21/13. Mailed notice(maf) |
| Filing 30 NOTICE of Motion by Theresa M. Lynch for presentment of motion for protective order #25 before Honorable John J. Tharp Jr. on 6/14/2012 at 09:30 AM. (Lynch, Theresa) |
| Filing 29 EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on May 18, 2012, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John J. Tharp, Jr., therefore IT IS HEREBY ORDERED That the attached list of 319 cases be reassigned to the Honorable John J. Tharp, Jr. IT IS FURTHER ORDERED that this order shall become effective on Tuesday, June 5, 2012. Case reassigned to the Honorable John J. Tharp, Jr. for all further proceedings. Signed by Executive Committee on 6/1/2012. Mailed Notice (td, ) |
| Filing 26 NOTICE by Cottrell, Inc. re MOTION by Defendant Cottrell, Inc. for protective order and Memorandum in Support #25 (Lynch, Theresa) |
| Filing 25 MOTION by Defendant Cottrell, Inc. for protective order and Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B)(Lynch, Theresa) |
| Filing 28 PRETRIAL Scheduling Order Signed by the Honorable John W. Darrah on 5/24/2012:(mb, ) |
| Filing 27 MINUTE entry before Honorable John W. Darrah: Status hearing held. Discovery ordered closed on 5/1/13. Dispositive motions to be filed, noticed and presented in open Court for a briefing schedule on 6/4/13 at 9:30 a.m. Pretrial conference set for 10/17/13 at 1:30 p.m. Jury trial set for 10/21/13 at 9:00 a.m. Enter Order. [For further detail see separate order.] Mailed notice (mb, ) |
| Filing 24 MOTION by Plaintiff John Poulter for disclosure Amended Rule 26(a)(1) Disclosures (Attachments: #1 Certificate of Service)(Shammas, Michael) |
| Filing 23 MOTION by Plaintiff John Poulter for disclosure (Attachments: #1 Certificate of Service)(Shammas, Michael) |
| Filing 22 MINUTE entry before Honorable John W. Darrah: Status hearing held and continued to 5/24/12 at 9:30 a.m. Rule 26(a)(1) disclosures to be exchanged by 5/16/12. Mailed notice (maf) |
| Filing 21 MINUTE entry before Honorable John W. Darrah: Status hearing held and continued to 4/25/12 at 9:30 a.m. Mailed notice(maf) |
| Filing 20 MINUTE entry before Honorable John W. Darrah: Ruling on motion hearing held. Defendant's motions to dismiss #6 and for leave to file a supplement #16 are withdrawn without prejudice with leave to re-file. Status hearing set for 4/12/12 at 9:30 a.m. Mailed notice(maf) |
| Filing 19 MINUTE entry before Honorable John W. Darrah: Defendant failed to properly notice its motion to supplement. Defendant to present its motion to supplement [ #16 ] at 9:30 a.m. on March 22, 2012. Mailed notice (mb, ) |
| Filing 18 ATTORNEY Appearance for Plaintiff John Poulter by Michael A Shammas (Shammas, Michael) |
| Filing 17 NOTICE by Cottrell, Inc. of Tag Along Action (Carpenter, Daniel) |
| Filing 16 MOTION by Defendant Cottrell, Inc. for leave to file Supplement (Attachments: #1 Supplement)(Lynch, Theresa) |
| Filing 15 ATTORNEY Appearance for Defendant Cottrell, Inc. by Theresa M. Lynch (Lynch, Theresa) |
| Filing 14 MINUTE entry before Honorable John W. Darrah: Ruling on motion hearing held. Defendant's motion to stay #11 is granted. Defendant's motion to dismiss #6 is entered and continued 4/12/12 at 9:30 a.m. Status hearing set for 4/12/12 at 9:30 a.m. Mailed notice(maf) |
| Filing 13 ATTORNEY Appearance for Defendant Cottrell, Inc. by Scott R. Sinson (Sinson, Scott) |
| Filing 12 NOTICE of Motion by Amy J. Lorenz Moser for presentment of motion to stay #11 before Honorable John W. Darrah on 3/1/2012 at 09:30 AM. (Lorenz Moser, Amy) |
| Filing 11 MOTION by Defendant Cottrell, Inc. to stay Case Pending Determination of MDL Motion, the Complete Preemption Issue and Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lorenz Moser, Amy) |
| Filing 10 NOTICE by Cottrell, Inc. of Filing (Attachments: #1 Exhibit A)(Lorenz Moser, Amy) |
| Filing 9 ATTORNEY Appearance for Plaintiff John Poulter by Milo W. Lundblad (Lundblad, Milo) |
| Filing 8 RESPONSE by Cottrell, Inc.in Support of MOTION by Defendant Cottrell, Inc. to dismiss #6 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Carpenter, Daniel) |
| Filing 7 NOTICE of Motion by Daniel J. Carpenter for presentment of motion to dismiss #6 before Honorable John W. Darrah on 3/1/2012 at 09:30 AM. (Attachments: #1 Exhibit)(Carpenter, Daniel) |
| Filing 6 MOTION by Defendant Cottrell, Inc. to dismiss (Carpenter, Daniel) |
| MAILED letter regarding petition for removal to all counsel of record. (mb, ) |
| CASE ASSIGNED to the Honorable John W. Darrah. Designated as Magistrate Judge the Honorable Maria Valdez. (daj, ) |
| Filing 5 NOTICE by Cottrell, Inc. of Removal (Attachments: #1 Exhibit A)(Lorenz Moser, Amy) |
| Filing 4 Disclosure of Corporate Interests by Cottrell, Inc. (Carpenter, Daniel) |
| Filing 3 ATTORNEY Appearance for Defendant Cottrell, Inc. by Daniel J. Carpenter (Carpenter, Daniel) |
| Filing 2 ATTORNEY Appearance for Defendant Cottrell, Inc. by Amy J. Lorenz Moser (Lorenz Moser, Amy) |
| Filing 1 NOTICE of Removal from Cook County, case number (2012-L-000769) filed by Cottrell, Inc. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A)(Lorenz Moser, Amy) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
