United States v. Navistar Inc. et al
Plaintiff: United States of America
Defendant: Navistar Inc. and Navistar International Corporation
Intervenor: Hino Motors Manufacturing, PACCAR Inc., Mitsubishi Fuso Truck of America, Caterpillar Inc.,, FPT Industrial S.p.A., Deere & Company, Volvo Group North America, LLC, Volvo Construction Equipment North America, LLC, CUMMINS INC. and Detroit Diesel Corporation
Amicus Curiae: Alliance of Automobile Manufacturers
Case Number: 1:2015cv06143
Filed: July 13, 2015
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: Cook
Presiding Judge: Mary M Rowland
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. ยง 7604
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2021 Opinion or Order Filing 411 CONSENT DECREE Signed by the Honorable Mary M. Rowland on 12/14/2021. Mailed notice. (dm, )
December 14, 2021 Opinion or Order Filing 410 MINUTE entry before the Honorable Mary M. Rowland: The United States' unopposed motion to approve the consent judgment #409 is granted. The court has reviewed the consent judgment finds it be fair and reasonable and consistent with the purposes of the Clean Air Act. The court has considered the strength of the plaintiff's case, the complexity and length of the litigation, the amount of opposition to the settlement, the good faith efforts of the negotiators, the opinions of counsel, and the possible risks involved in the litigation. The Consent Judgment is the result of extensive arm's-length negotiation between seasoned counsel after 6 years of litigation. The parties carefully considered the risks of further litigation. The Consent Judgment was available for public comment for 30 days and received no comments or opposition. The Consent Decree obtains a substantial amount of mitigation of potential excess emissions resulting from the sale of the Subject Engines that was arrived at after consulting with experts and a substantial fine. It therefore provides significant benefit to the public. It is adequate and reasonable and the Court enters it without hesitation. Civil case terminated. Mailed notice. (dm, )
December 9, 2021 Opinion or Order Filing 409 MOTION by Plaintiff United States of America to approve consent judgment (Unopposed) (Zoeller, Michael)
November 30, 2021 Opinion or Order Filing 408 STATUS Report by United States of America (Zoeller, Michael)
October 25, 2021 Opinion or Order Filing 407 NOTICE by United States of America Lodging of Proposed Consent Decree (Attachments: #1 Text of Proposed Order Proposed Consent Decree, #2 Appendix A to Proposed Consent Decree)(Zoeller, Michael)
September 28, 2021 Opinion or Order Filing 406 MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. The parties expect to lodge the Proposed Consent decree by 10/29/21. The Court does not anticipate extending this date again. All pending motions are denied as moot. Parties shall file a status report 11/30/21. Mailed notice. (dm, )
September 24, 2021 Opinion or Order Filing 405 STATUS Report by United States of America (Tashima, Keith)
August 27, 2021 Opinion or Order Filing 404 MINUTE entry before the Honorable Mary M. Rowland: The order entered on 8/26/21 #403 is clarified to provide that but if the parties are not going to meet the deadline of September 30, 2021 to lodge the Proposed Consent Decree, parties shall file a further joint status report by 9/24/21. Mailed notice. (dm, )
August 26, 2021 Opinion or Order Filing 403 MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the status report. Counsel for the Parties continue to work to conclude the negotiations and finalize all necessary documents. The deadline to lodge the Proposed Consent Decree with Appendix is extended to September 30, 2021. The court does not want to reset that date but if that deadline of September 30, 2021 for parties to file further joint status report is re-set to November 30, 2021. Mailed notice. (dm, )
August 25, 2021 Opinion or Order Filing 402 STATUS Report by United States of America (Tashima, Keith)
July 1, 2021 Opinion or Order Filing 401 MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. The parties propose lodging the proposed Consent Decree with Appendix by August 31, 2021. Further Joint Status Report is due September 30, 2021. Mailed notice. (dm, )
June 30, 2021 Opinion or Order Filing 400 STATUS Report by United States of America (Tashima, Keith)
May 25, 2021 Opinion or Order Filing 399 MINUTE entry before the Honorable Mary M. Rowland: Hearing held on United States of America's agreed motion to stay #397 . The Government reported on the status of settlement. The court expressed concern about releasing the pretrial dates. The Government remains optimistic about approval of the proposed settlement. Parties are in the process of drafting the appropriate documents. For the reasons stated on the record, the Government's agreed motion to stay #397 is granted. The court vacates the bench trial set for 7/19/21 #385 . Final pretrial conference set for 6/30/21 and all pretrial deadlines are stricken. #386 . Parties shall file a status report updating the court on the status of settlement including a proposed date to file a motion for consent decree by 6/30/21. Mailed notice. (dm, )
May 21, 2021 Opinion or Order Filing 398 MINUTE entry before the Honorable Mary M. Rowland: Agreed motion to stay #397 is set for 5/25/21 at 9:45 am. Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, )
May 20, 2021 Opinion or Order Filing 397 MOTION by Plaintiff United States of America to stay (agreed) (Attachments: #1 Text of Proposed Order)(Tashima, Keith)
May 18, 2021 Opinion or Order Filing 396 SEALED MOTION by Plaintiff United States of America Memorandum in Support and Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Krzywicki, Peter)
May 18, 2021 Opinion or Order Filing 395 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's unopposed motion for leave to file under seal #393 is granted. Mailed notice. (dm, )
May 18, 2021 Opinion or Order Filing 394 MOTION by Plaintiff United States of Americain limine (Attachments: #1 Memorandum In Support, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit)(Krzywicki, Peter)
May 17, 2021 Opinion or Order Filing 393 MOTION by Plaintiff United States of America for leave to file document under seal (Krzywicki, Peter)
May 17, 2021 Opinion or Order Filing 392 MOTION by Plaintiff United States of Americain limine regarding Unrelated Settlements and Enforcement Activities (Attachments: #1 Memorandum in Support)(Jones, Lila)
May 4, 2021 Opinion or Order Filing 391 MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report on trial format #390 . The parties expect that all counsel and trial support staff will be able to attend trial in person. The parties expect all witnesses to be called at trial will testify in person. However, where an in-person appearance by a witnesses may pose a risk of illness to the witnesses or to others due to the witnesses' exposure to, experiencing symptoms consistent with, or having tested positive for COVID-19, the parties reserve the right to proceed with their examinations by live video conference or by deposition designation (which may include video recordings of deposition excerpts). A party seeking to introduce testimony by live video conference may seek relief from the Court, having first made a good faith effort to meet and confer with opposing counsel. Mailed notice. (dm, )
April 30, 2021 Opinion or Order Filing 390 STATUS Report on Trial Format by United States of America (Jones, Lila)
April 28, 2021 Opinion or Order Filing 389 TRANSCRIPT OF PROCEEDINGS held on 4/21/17 before the Honorable Manish S. Shah. Order Number: 40264. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@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 5/19/2021. Redacted Transcript Deadline set for 5/31/2021. Release of Transcript Restriction set for 7/27/2021. (Mullen, Patrick)
April 21, 2021 Opinion or Order Filing 388 Counsel are required to review and comply with Judge Rowland's Standing Order "COVID-19 Safety Protocols for Bench Proceedings." (See attached Order for further detail.) Mailed notice. (dm, )
March 10, 2021 Opinion or Order Filing 387 MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. The Court informed the parties of the Northern District of Illinois' plan for conducting trials during the ongoing pandemic. For further information discussed in court regarding COVID 19 precautions and testing, parties are encouraged to visit Coronavirus/COVID-19 Guidance available on the Northern District of Illinois home webpage. Joint status report indicating the parties' proposal for proceeding via live testimony or video testimony is due 4/30/21. Mailed notice. (dm, )
February 3, 2021 Opinion or Order Filing 386 MINUTE entry before the Honorable Mary M. Rowland: The court adopts the parties' proposed pre-trial scheduling order as follows: Telephonic status hearing set for 3/10/21 at 9:30am. Counsel shall call 866-434-5269; access code 3751971. Final pretrial conference set for 6/30/21 at 11:00 am. The parties are directed to review and comply with Judge Rowland's standing order for Proposed Pretrial Orders, which is available on Judge Rowland's webpage located on the Court's website at www.ilnd.uscourts.gov. The joint proposed final pretrial order is due by 6/18/21. All motions in limine, including any Daubert motions, due by 5/17/21. Responses to motions in limine and Daubert motions due by 6/14/21. By 7/12/21, the parties must provide the Court with an exhibit binder containing an exhibit list and copies of the objected-to exhibits. After the pretrial conference and rulings on exhibits, binders of the final pre-marked exhibits with exhibit lists will be exchanged by the parties and two copies of the binders provided to the Court by 7/12/21. The Court also requires a copy of the exhibits on a thumb drive, also delivered by 7/12/21. At least three weeks prior to trial, the parties shall contact the Court's systems department ((312) 435-5555) to coordinate any specific evidence presentation needs and schedule a date before trial to review the courtroom technology. Required courtesy copies should be delivered to the courtroom deputy (Room 1226) by 5:00pm on the due date. Mailed notice. (dm, )
January 13, 2021 Opinion or Order Filing 385 MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Discovery is closed. Bench trial on damages set for 7/19/21 at 10:00am. The court will reserve 8 trial days. Parties shall submit a stipulated motion schedule to the court's proposed pretrial schedule to Proposed_Order_Rowland@ilnd.uscourts.gov by 1/22/21. The court will set a telephonic status after a review of the stipulated schedule. Mailed notice. (dm, )
January 6, 2021 Opinion or Order Filing 384 MINUTE entry before the Honorable Mary M. Rowland: On the court's own motion telephonic status hearing set for 1/13/21 is reset to 1:00pm. (Please Note Time Change Only.)v Mailed notice. (dm, )
December 28, 2020 Opinion or Order Filing 383 TRANSCRIPT OF PROCEEDINGS held on 12/15/20 before the Honorable Mary M. Rowland. Telephonic motion hearing. Order Number: 39825. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. 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 1/18/2021. Redacted Transcript Deadline set for 1/28/2021. Release of Transcript Restriction set for 3/29/2021. (Renke, Laura)
December 21, 2020 Opinion or Order Filing 382 MEMORANDUM Opinion and Order; For the reasons stated in the Memorandum Opinion and Order, Defendant's motion to for partial summary judgement (Dkt. 356) is denied. Signed by the Honorable Mary M. Rowland on December 21, 2020. (For further detail see attached order.) The case is set for a telephonic status hearing on January 13, 2021 at 9:30 AM to set a trial date. Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, )
December 15, 2020 Opinion or Order Filing 381 MINUTE entry before the Honorable Mary M. Rowland: Telephonic hearing held. Counsel for the Government and Counsel for Defendant Navistar appeared telephonically. The court discussed issues raised in the motion for summary judgment with counsel. A further telephonic status hearing will be set after a ruling is issued on the pending motion. Mailed notice. (dm, )
December 7, 2020 Opinion or Order Filing 380 MINUTE entry before the Honorable Mary M. Rowland: Hearing on Navistar's motion for summary judgment #356 set for 12/15/20 at 10:00 AM. CST. Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, )
October 22, 2020 Opinion or Order Filing 379 MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel for the Government and Counsel for Defendant Navistar appeared telephonically. Partial summary judgment motion is fully briefed. Expert disposition to be completed next week. Defense counsel reported on the status of ongoing settlement discussions. If this case were to proceed to trial, parties advised the court the trial would be a bench trial. Parties shall send courtesy copies via UPS of the partial summary judgment briefing. A further status hearing will be set after a ruling is issued on the pending motion. Counsel for the Government who participated in today's status hearing and do not have an appearance on file should file an appearance as soon as practical. Mailed notice. (dm, )
September 29, 2020 Opinion or Order Filing 378 MINUTE entry before the Honorable Mary M. Rowland: At the request of the parties, telephonic status hearing set for 10/8/20 is stricken and reset to 10/22/20 at 9:30am to report on the mediation. If parties resolve the case and wish to strike the status, they should file a short status report. Counsel shall call 866-434-5269; access code 3751971. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. When your case is called, please unmute your phone and remember to say your name each and every time you speak. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice. (dm, )
September 23, 2020 Opinion or Order Filing 377 MINUTE entry before the Honorable Mary M. Rowland: On the court's own motion, telephonic status hearing set for 10/7/20 is stricken and reset to 10/8/20 at 9:30am to report on the mediation. If parties resolve the case and wish to strike the status, they should file a short status report. Counsel shall call 866-434-5269; access code 3751971. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. When your case is called, please unmute your phone and remember to say your name each and every time you speak. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice. (dm, )
September 11, 2020 Opinion or Order Filing 376 MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion for leave to file under seal #369 is granted. Mailed notice. (dm, )
September 10, 2020 Opinion or Order Filing 375 SEALED DOCUMENT by Defendant Navistar Inc. - Declaration of Arthur F. Foerster in Support of Defendant Navistar, Inc.'s Reply in Support of Its Motion for Partial Summary Judgment (Foerster, Arthur)
September 10, 2020 Opinion or Order Filing 374 SEALED DOCUMENT by Defendant Navistar Inc. - Response to Plaintiff United States' Rule 56.1(b)(3)(C) Statement of Additional Material Facts (Perlman, Cary)
September 10, 2020 Opinion or Order Filing 373 SEALED REPLY by Navistar Inc. to MOTION by Defendant Navistar Inc. for partial summary judgment #356 (Perlman, Cary)
September 10, 2020 Opinion or Order Filing 372 DECLARATION of Arthur F. Foerster regarding reply #370 in Support of Defendant Navistar, Inc.'s Motion for Partial Summary Judgment (Redacted) (Foerster, Arthur)
September 10, 2020 Opinion or Order Filing 371 RESPONSE by Defendant Navistar Inc. to Plaintiff United States' Rule 56.1(b)(3)(C) Statement of Additional Material Facts (Perlman, Cary)
September 10, 2020 Opinion or Order Filing 370 REPLY by Defendant Navistar Inc. to motion for partial summary judgment #356 (Redacted) (Perlman, Cary)
September 10, 2020 Opinion or Order Filing 369 MOTION by Defendant Navistar Inc. for leave to file Under Seal (Unopposed) (Perlman, Cary)
August 24, 2020 Opinion or Order Filing 368 DECLARATION of Lila C. Jones regarding response in opposition to motion #364 Corrected Declaration (Krzywicki, Peter)
August 24, 2020 Opinion or Order Filing 367 SEALED RESPONSE (Attachments: #1 Statement of Facts, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit)(Krzywicki, Peter)
August 21, 2020 Opinion or Order Filing 366 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's unopposed motion for leave to file under seal #363 is granted. Mailed notice. (dm, )
August 20, 2020 Opinion or Order Filing 365 RESPONSE by United States of Americain Opposition to MOTION by Defendant Navistar Inc. for partial summary judgment #356 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit)(Krzywicki, Peter)
August 20, 2020 Opinion or Order Filing 364 RESPONSE by United States of Americain Opposition to MOTION by Defendant Navistar Inc. for partial summary judgment #356 (Attachments: #1 Statement of Facts, #2 Affidavit)(Krzywicki, Peter)
August 20, 2020 Opinion or Order Filing 363 MOTION by Plaintiff United States of America for Leave to File Under Seal (Unopposed) (Krzywicki, Peter)
July 31, 2020 Opinion or Order Filing 362 MINUTE entry before the Honorable Mary M. Rowland:Defendant's unopposed motion for leave to file under seal #355 is granted Mailed notice. (dm, )
July 30, 2020 Opinion or Order Filing 361 SEALED DOCUMENT by Defendant Navistar Inc. - DECLARATION of Cary R. Perlman regarding motion for partial summary judgment 356 - (Perlman, Cary)
July 30, 2020 Opinion or Order Filing 360 SEALED DOCUMENT by Defendant Navistar Inc. - RULE 56.1 Statement by Navistar Inc. regarding motion for partial summary judgment 356 - (Perlman, Cary)
July 30, 2020 Opinion or Order Filing 359 DECLARATION of Cary R. Perlman regarding motion for partial summary judgment #356 (Redacted) (Perlman, Cary)
July 30, 2020 Opinion or Order Filing 358 RULE 56.1 Statement by Navistar Inc. regarding motion for partial summary judgment #356 (Redacted) (Perlman, Cary)
July 30, 2020 Opinion or Order Filing 357 MEMORANDUM by Navistar Inc. in support of motion for partial summary judgment #356 (Perlman, Cary)
July 30, 2020 Opinion or Order Filing 356 MOTION by Defendant Navistar Inc. for partial summary judgment (Perlman, Cary)
July 30, 2020 Opinion or Order Filing 355 MOTION by Defendant Navistar Inc. for leave to file Under Seal (Unopposed) (Perlman, Cary)
July 30, 2020 Opinion or Order Filing 354 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the joint written status report and appreciates the clarification. Parties have completed the depositions of Mr. Gregory Orehowsky and Dr. Walter McManus. Defendant intends to file its motion for summary judgment on July 30, 2020. The briefing schedule adopted by the Court on May 20, 2020 (Dkt. #345) does not require adjustment. Two remaining expert depositions are scheduled to be taken during the week of the weeks of October 5, 2020 and October 26, 2020. The parties have agreed on a mediator and anticipate participating in a mediation on or around September 21, 2020, pending confirmation of the selected mediator's availability. The parties have agreed that any mediation will proceed on a parallel track, so as not to impede the progress of the litigation. Telephonic status hearing set for 10/7/20 at 9:30am to report on the mediation. If parties resolve the case and wish to strike the status, they should file a short status report. Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, )
July 29, 2020 Opinion or Order Filing 353 STATUS Report by United States of America (Tashima, Keith)
July 24, 2020 Opinion or Order Filing 352 MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed parties' joint written status report. There seems to be some confusion. The report indicates that in "light of the continuing restrictions" the parties have prioritized taking depositions 'before their anticipated motions for summary judgment." (Dkt. 351 at 1). Parties then report they anticipate completing the two (2) remaining depositions by the end of October. And the parties are still musing about mediation. The court's confusion arises because in the status report filed in May, 2020, the parties proposed and the court adopted a schedule requiring summary judgment motions to be filed next week: July 30, 2020. (Dkt. 344, 345). In May the parties anticipated all remaining depositions (Phase II) could be completed by now. The court realizes these are unprecedented times. But this is a 5 year old case. Parties are to submit a status report on 7/30/20 informing the court the (1) CONFIRMED dates for the remaining depositions; (2) the CONFIRMED date for the mediation; and (3) an agreed schedule for dispositive motions for the court to adopt (pre or post mediation is up to the parties). The Court expects the depositions and the mediation can be completed by the end of October. If not, the parties should provide a brief explanation. Mailed notice. (dm, )
July 23, 2020 Opinion or Order Filing 351 STATUS Report by United States of America (Tashima, Keith)
July 10, 2020 Opinion or Order Filing 350 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket)
June 4, 2020 Opinion or Order Filing 349 MINUTE entry before the Honorable Mary M. Rowland: James A. Shimota's motion for leave to withdraw as counsel for Intervenors FPT Industrial S.p.A., Volvo Construction Equipment North America, LLC, Volvo Group North America, LLC. #347 is granted. No appearance necessary on 7/15/20. Mailed notice. (dm, )
June 3, 2020 Opinion or Order Filing 348 NOTICE of Motion by James A Shimota for presentment of motion to withdraw as attorney #347 before Honorable Mary M. Rowland on 7/15/2020 at 09:45 AM. (Shimota, James)
June 3, 2020 Opinion or Order Filing 347 MOTION by Attorney James A. Shimota to withdraw as attorney for FPT Industrial S.p.A., Volvo Construction Equipment North America, LLC, Volvo Group North America, LLC. No party information provided (Shimota, James)
May 26, 2020 Opinion or Order Filing 346 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, )
May 20, 2020 Opinion or Order Filing 345 MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the parties' status report. Parties report they will work together to reschedule the remaining expert depositions, and otherwise Phase 2 discovery is concluded. Parties also report they agreed to undertake mediation and are working to identify timing and logistics for mediation. Parties' proposed briefing schedule (Dkt. 344 at 2) is adopted: Defendant's motions for summary judgment due July 30, 2020; United States' responses due August 20, 2020; Defendant's replies September 10, 2020. These dates will not be extended by any further General Orders entered regarding COVID 19 without a motion by the parties. On or before 7/24/20, parties shall file a short joint written status report about the status of expert discovery and of scheduling a mediation. Mailed notice. (dm, )
May 18, 2020 Opinion or Order Filing 344 STATUS Report by United States of America (Tashima, Keith)
April 24, 2020 Opinion or Order Filing 343 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, )
March 30, 2020 Opinion or Order Filing 342 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket3, )
March 16, 2020 Opinion or Order Filing 341 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (docket1, )
February 13, 2020 Opinion or Order Filing 340 TRANSCRIPT OF PROCEEDINGS held on 1/29/20 before the Honorable Mary M. Rowland. Order Number: 37662. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, (312) 435-6890.

< Redaction Request due 3/5/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/13/2020. (Labella, Nancy)
January 29, 2020 Opinion or Order Filing 339 MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Parties are on track to complete expert discovery. Defendants reported on issues it will raise in summary judgment. Defendants' motions for summary judgment are due 4/30/20; responses due 5/21/20; replies due 6/11/20. The Court will rule by mail. A further status to set a trial date will be set after the court reviews the parties' briefs. Mailed notice. (dm, )
January 2, 2020 Opinion or Order Filing 338 TRANSCRIPT OF PROCEEDINGS held on 10/8/19 before the Honorable Mary M. Rowland. Order Number: 36366. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, (312) 435-6890.

< Redaction Request due 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. (Labella, Nancy)
October 8, 2019 Opinion or Order Filing 337 MINUTE entry before the Honorable Mary M. Rowland: Reassignment status hearing held. Phase I discovery is complete. Phase II discovery is ongoing. Defendants' rebuttal expertreports are due December 23, 2019. Plaintiff's reply expert reports are due January 31, 2020,and expert depositions must be completed by March 17, 2020. Status hearing set for 1/29/20 at 9:30am to set a trial date. Mailed notice. (dm, )
October 1, 2019 Opinion or Order Filing 336 STATUS Report For Reassigned Case by United States of America (Jones, Lila)
September 12, 2019 Opinion or Order Filing 335 MINUTE entry before the Honorable Mary M. Rowland: By agreement of the parties, reassignment status hearing previously set for 9/30/19 is stricken and re-set for 10/8/19 at 1:30pm in courtroom 1225. Parties are directed to review Judge Rowland's Standing Order on Cases Reassigned to Judge Mary M. Rowland, on the Court's website at https://www.ilnd.uscourts.gov/. Parties shall confer and file the reassignment joint status report at least five business days in advance of the reassignment status hearing. Mailed notice. (dm, )
September 10, 2019 Opinion or Order Filing 334 MINUTE entry before the Honorable Mary M. Rowland: Reassignment status hearing set for 9/30/19 at 2:00pm in courtroom 1225. Parties are directed to review Judge Rowland's Standing Order on Cases Reassigned to Judge Mary M. Rowland, on the Court's website at https://www.ilnd.uscourts.gov/. Parties shall confer and file the reassignment joint status report at least five business days in advance of the reassignment status hearing. Mailed notice. (dm, )
August 30, 2019 Opinion or Order Filing 333 MINUTE entry before the Honorable Manish S. Shah: This case having been reassigned to Judge Rowland, the status hearing on 9/17/19 before Judge Shah is stricken and no appearance is necessary. Notices mailed. (psm, )
August 22, 2019 Opinion or Order Filing 332 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0024 Pursuant to the Executive Committee Order entered on August 9,2019 the civil cases on the attached list have been randomly selected for reassignment to form the initial calendar of the Honorable Mary M. Rowland; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Mary M. Rowland; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Mary M. Rowland's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order shall not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's criminal case assignment system thirty days from the entry of this Order, so that she shall receive a full share of such cases. Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/22/2019.(rp, )
August 2, 2019 Opinion or Order Filing 331 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to quash and for protective order #320 is denied, and defendant's motion to compel #317 is denied. The government could have identified witness Hebe as a deponent earlier and within the deposition limits the parties agreed to, and there is a significant burden on defendant to prepare for the deposition at this late stage of the case. But, the prejudice to defendant can be made harmless by giving defendant sufficient time to prepare, and limiting the scope of the government's examination of Hebe (while not limiting the scope of defendant's questioning). The government, having deposed other witnesses on overlapping subjects, may depose Hebe solely on the 2/19/2010 email to Ustian and Allen (including the circumstances that led to the email, and its meaning). The government's questioning may not exceed 1 hour, absent agreement between the parties. Defendant is free to question Hebe on other subjects, and the government may re-direct on those areas (without that time counting against the government's hour). The motion to compel a 30(b)(6) deposition on Topics 1 and 14 is denied (the parties' agreement on Topics 3, 4, and 5 moot the remainder of the motion to compel). The court continues to agree with defendant that the gravity of the violation can be measured in part by the reasonableness or good faith of the defendant's interpretation of the regulations, and the court appreciates the importance of the issue from defendant's perspective. But the point can be made and has been developed without recourse to the requested 30(b)(6) deposition on Topic 1. Once privileged and deliberative-process-protected statements are excluded (as they should be), the deposition will likely only parrot back existing statements disclosed either publicly or in discovery--in other words, the deposition is not proportional to the needs of the case. As for Topic 14, the arguable tension between increased NOx emissions blessed by EPA-proposed rules and the agency's position that the subject engines produce harmful emissions can be effectively explored in expert discovery and legal argument. If permitted, the deposition would likely focus on policy judgments about the proposed rules, not the actual effect of the subject engine's emissions, and a focus on the proposed rules is only marginally relevant. So again, the topic is not proportional to the needs of the case. The parties are awfully close to finishing fact discovery and while they may have imperfect information on some details, the court is confident they are well-equipped to move on to expert discovery. The parties will have to meet and confer about scheduling the Hebe deposition and the court will extend expert deadlines if necessary to account for Hebe's testimony (but perhaps that can be covered in rebuttal and reply reports within the existing schedule). A status hearing is set for 9/17/2019 at 9:30 a.m. Notices mailed. (psm, )
August 1, 2019 Opinion or Order Filing 330 REPLY by Defendant Navistar Inc. to motion to compel #317 - Defendant Navistar, Inc.'s Reply in Support of its Motion to Compel Phase II EPA 30(b)(6) Testimony (Attachments: #1 Exhibit A)(Perlman, Cary)
July 29, 2019 Opinion or Order Filing 329 TRANSCRIPT OF PROCEEDINGS held on July 25, 2019, before the Honorable Manish S. Shah. Order Number: 35530, 35534. Court Reporter Contact Information: Nancy L. Bistany - nancy_bistany@ilnd.uscourts.gov - 312.435.7626. 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 8/19/2019. Redacted Transcript Deadline set for 8/29/2019. Release of Transcript Restriction set for 10/28/2019. (Bistany, Nancy)
July 26, 2019 Opinion or Order Filing 328 SEALED EXHIBIT by Plaintiff United States of America regarding order on motion to seal,,, status hearing,,, terminate motions,,, set motion and R&R deadlines/hearings,, #327 , memorandum in opposition to motion, #324 , memorandum in opposition to motion, #323 (Attachments: #1 Exhibit 3 (filed under seal), #2 Exhibit 4 (filed under seal), #3 Exhibit 5 (filed under seal), #4 Exhibit 6 (filed under seal), #5 Exhibit 7 (filed under seal), #6 Exhibit 8 (filed under seal), #7 Exhibit 9 (filed under seal), #8 Exhibit 11 (filed under seal), #9 Exhibit 12 (filed under seal), #10 Exhibit 13 (filed under seal), #11 Exhibit 14 (filed under seal))(Tashima, Keith)
July 25, 2019 Opinion or Order Filing 327 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Plaintiff's motion for leave to file under seal #325 is granted. Defendants' reply in support of the motion to compel Phase II EPA 30(b)(6) Testimony #317 is due 8/1/19. No sur-reply permitted. The court will issue a ruling on that motion #317 and defendant's motion to quash and for protective order #320 via cm/ecf in which further deadlines and dates will be set. The expert discovery deadlines remain as set, for now. Notices mailed. (psm, )
July 24, 2019 Opinion or Order Filing 326 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to seal #325 before Honorable Manish S. Shah on 7/25/2019 at 09:30 AM. (Tashima, Keith)
July 24, 2019 Opinion or Order Filing 325 MOTION by Plaintiff United States of America to seal (Attachments: #1 Memorandum in Support)(Tashima, Keith)
July 24, 2019 Opinion or Order Filing 324 MEMORANDUM by United States of America in Opposition to motion to quash #320 (Attachments: #1 Exhibit 10, #2 Exhibit 11 (to be filed under seal), #3 Exhibit 12 (to be filed under seal), #4 Exhibit 13 (to be filed under seal), #5 Exhibit 14 (to be filed under seal))(Tashima, Keith)
July 24, 2019 Opinion or Order Filing 323 MEMORANDUM by United States of America in Opposition to motion to compel #317 (redacted) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (to be filed under seal), #4 Exhibit 4 (to be filed under seal), #5 Exhibit 5 (to be filed under seal), #6 Exhibit 6 (to be filed under seal), #7 Exhibit 7 (to be filed under seal), #8 Exhibit 8 (to be filed under seal), #9 Exhibit 9 (to be filed under seal))(Tashima, Keith)
July 22, 2019 Opinion or Order Filing 322 NOTICE of Motion by Cary R. Perlman for presentment of motion to quash #320 before Honorable Manish S. Shah on 7/25/2019 at 09:30 AM. (Perlman, Cary)
July 22, 2019 Opinion or Order Filing 321 MEMORANDUM by Navistar Inc. in support of motion to quash #320 (Attachments: #1 Exhibits 1-13)(Perlman, Cary)
July 22, 2019 Opinion or Order Filing 320 MOTION by Defendant Navistar Inc. to quash and for Protective Order (Perlman, Cary)
July 22, 2019 Opinion or Order Filing 319 NOTICE of Motion by Cary R. Perlman for presentment of motion to compel #317 before Honorable Manish S. Shah on 7/25/2019 at 09:30 AM. (Perlman, Cary)
July 22, 2019 Opinion or Order Filing 318 MEMORANDUM by Navistar Inc. in support of motion to compel #317 (Attachments: #1 Exhibits A-L)(Perlman, Cary)
July 22, 2019 Opinion or Order Filing 317 MOTION by Defendant Navistar Inc. to compel Phase II EPA 30(b)(6) Testimony (Perlman, Cary)
June 24, 2019 Opinion or Order Filing 316 MINUTE entry before the Honorable Manish S. Shah: The government's motion to compel #294 is denied. The court is persuaded by the Wells declaration that the kind of financial statements sought by the motion no longer exist in a form that can be translated into reasonably usable form. The court further understands defendant to have produced the trial balances, and it will continue to supplement that production. See #310 at 2. The financial information produced to date, subject to defendant's continued obligation to supplement its production, is sufficient to comply with the discovery requests. Defendant will not be permitted to rely on financial information not disclosed when assessing its ability to pay a financial penalty. If defendant's financial condition is obscured by layers of complexity, the credibility of defendant's assertion of its financial condition will depend on whether defendant illuminated its condition through disclosures susceptible to independent analysis. Notices mailed. (psm, )
June 24, 2019 Opinion or Order Filing 315 AMENDED Phase II Scheduling Order. Signed by the Honorable Manish S. Shah on 6/24/2019. Notices mailed. (psm, )
June 24, 2019 Opinion or Order Filing 314 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to complete discovery #312 is granted. Enter Amended Phase II Scheduling Order. All fact discovery must now be noticed in time to be completed by 8/5/19. Plaintiff's initial expert reports are due 10/3/19. Defendant's rebuttal expert reports are due 11/12/19. Plaintiff's reply expert reports are due 12/18/19. Expert depositions must be completed by 1/31/20. No appearance on the motion is necessary. Status hearing remains set for 7/25/19 at 9:30 a.m. Notices mailed. (psm, )
June 20, 2019 Opinion or Order Filing 313 NOTICE of Motion by Keith Taketo Tashima for presentment of motion for extension of time to complete discovery #312 before Honorable Manish S. Shah on 6/25/2019 at 09:45 AM. (Tashima, Keith)
June 20, 2019 Opinion or Order Filing 312 MOTION by Plaintiff United States of America for extension of time to complete discovery (unopposed) (Attachments: #1 Memorandum in Support)(Tashima, Keith)
June 10, 2019 Opinion or Order Filing 311 SEALED EXHIBIT by Plaintiff United States of America regarding reply #309 , order on motion to seal,, order on motion for leave to file,,,, terminate hearings,, terminate motions,, set/reset hearings, #308 (Attachments: #1 Exhibit 1 (Excerpts of draft Heinlen transcript))(Tashima, Keith)
June 10, 2019 Opinion or Order Filing 310 SUR-REPLY by Defendant Navistar Inc. to motion to compel, #294 (Perlman, Cary)
June 10, 2019 Opinion or Order Filing 309 REPLY by Plaintiff United States of America to response in opposition to motion #301 (Attachments: #1 Exhibit 1 (Placeholder), #2 Exhibit 2)(Tashima, Keith)
June 10, 2019 Opinion or Order Filing 308 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for leave to file under seal #302 is granted. The motions for leave to file a reply #304 and a surreply #306 are granted. The parties shall file the reply and surreply as separate entries on the court's docket. No appearance on 6/11/19 is necessary. The court will issue a ruling on the motion to compel #294 via cm/ecf. A status hearing is set for 7/25/19 at 9:30 a.m. Notices mailed. (psm, )
June 7, 2019 Opinion or Order Filing 307 NOTICE of Motion by Cary R. Perlman for presentment of motion for leave to file, #306 before Honorable Manish S. Shah on 6/11/2019 at 09:45 AM. (Perlman, Cary)
June 7, 2019 Opinion or Order Filing 306 MOTION by Defendant Navistar Inc. for leave to file - Defendant Navistar, Inc.'s Motion for Leave to File Sur Reply in Opposition to Plaintiff's Motion to Compel (Attachments: #1 Exhibit A - Defendant's Sur Reply in Opposition to Plaintiff's Motion to Compel)(Perlman, Cary)
June 6, 2019 Opinion or Order Filing 305 NOTICE of Motion by Keith Taketo Tashima for presentment of motion for leave to file #304 before Honorable Manish S. Shah on 6/11/2019 at 09:45 AM. (Tashima, Keith)
June 6, 2019 Opinion or Order Filing 304 MOTION by Plaintiff United States of America for leave to file reply brief (Attachments: #1 Memorandum, #2 Exhibit Proposed Brief, #3 Exhibit Placeholder for proposed Exhibit 1, #4 Exhibit Proposed Exhibit 2)(Tashima, Keith)
June 6, 2019 Opinion or Order Filing 303 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to seal #302 before Honorable Manish S. Shah on 6/11/2019 at 09:45 AM. (Tashima, Keith)
June 6, 2019 Opinion or Order Filing 302 MOTION by Plaintiff United States of America to seal documents (Attachments: #1 Memorandum in Support)(Tashima, Keith)
June 4, 2019 Opinion or Order Filing 301 RESPONSE by Navistar Inc.in Opposition to MOTION by Plaintiff United States of America to compel production of documents #294 (Attachments: #1 Exhibits 1-3)(Perlman, Cary)
May 22, 2019 Opinion or Order Filing 300 ATTORNEY Appearance for Plaintiff United States of America by Lila C Jones (Jones, Lila)
May 20, 2019 Opinion or Order Filing 299 SEALED EXHIBIT by Plaintiff United States of America regarding notice of motion #297 , terminate hearings,, order on motion to seal,, terminate motions,, set motion and R&R deadlines/hearings, #298 , MOTION by Plaintiff United States of America to compel production of documents #294 (Attachments: #1 Exhibit 8 (filed under seal), #2 Exhibit 11 (filed under seal))(Tashima, Keith)
May 20, 2019 Opinion or Order Filing 298 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file under seal #296 is granted. Defendants' response to plaintiff's motion to compel #294 is due on 6/4/19. The court will issue a ruling on the motion via cm/ecf in which further dates shall be set. No appearance on 5/22/19 is necessary. Notices mailed. (psm, )
May 15, 2019 Opinion or Order Filing 297 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to seal #296 before Honorable Manish S. Shah on 5/22/2019 at 09:45 AM. (Tashima, Keith)
May 15, 2019 Opinion or Order Filing 296 MOTION by Plaintiff United States of America to seal (unopposed) (Attachments: #1 Memorandum in Support)(Tashima, Keith)
May 15, 2019 Opinion or Order Filing 295 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to compel, #294 before Honorable Manish S. Shah on 5/22/2019 at 09:45 AM. (Tashima, Keith)
May 15, 2019 Opinion or Order Filing 294 MOTION by Plaintiff United States of America to compel production of documents (Attachments: #1 Redacted Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8 (to be filed under seal), #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 (to be filed under seal), #13 L. Civ. R. 37.2 Certificate)(Tashima, Keith)
April 26, 2019 Opinion or Order Filing 293 FIRST Amended Agreed Confidentiality Order. Signed by the Honorable Manish S. Shah on 4/26/2019. Notices mailed. (psm, )
April 25, 2019 Opinion or Order Filing 292 NOTICE of Motion by Keith Taketo Tashima for presentment of motion for protective order #291 before Honorable Manish S. Shah on 4/30/2019 at 09:45 AM. (Tashima, Keith)
April 25, 2019 Opinion or Order Filing 291 MOTION by Plaintiff United States of America for protective order re: First Amended Agreed Confidentiality Order (Attachments: #1 Exhibit Redline)(Tashima, Keith)
March 14, 2019 Opinion or Order Filing 290 AMENDED Phase II Scheduling Order. Signed by the Honorable Manish S. Shah on 3/14/2019. Notices mailed. (psm, )
March 14, 2019 Opinion or Order Filing 289 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. The court adopts the parties' proposed Amended Phase II Scheduling Order. All fact discovery shall now be noticed in time to be completed by 7/3/19. Plaintiff's initial expert reports are due 9/3/19. Defendant's rebuttal expert reports are due 10/17/19. Plaintiff's reply expert reports are due 11/18/19. Expert depositions shall be completed by 12/19/19. Dispositive motions are due 1/21/20. Enter Order. Continued status hearing is set for 5/22/19 at 9:30 a.m. Notices mailed. (psm, )
February 26, 2019 Opinion or Order Filing 288 ATTORNEY Appearance for Plaintiff United States of America by Richard Mark Gladstein (Gladstein, Richard)
February 11, 2019 Opinion or Order Filing 287 MINUTE entry before the Honorable Manish S. Shah: At the parties' request, the status hearing on 2/14/19 is stricken and reset to 3/14/19 at 9:30 a.m. Notices mailed. (psm, )
January 28, 2019 Opinion or Order Filing 286 GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, )
January 8, 2019 Opinion or Order Filing 285 AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, )
December 26, 2018 Opinion or Order Filing 284 GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (rp, )
November 9, 2018 Opinion or Order Filing 283 MINUTE entry before the Honorable Manish S. Shah: The court finds that David Merrion failed to comply with the confidentiality order in this case when he used the content of confidential documents as the basis for his request for documents in the Moser litigation. The court declines to impose any sanction on Merrion or the United States, because Navistar was not prejudiced by Merrion's conduct, and the rule to show cause process should suffice to deter Merrion from similar misconduct in the future. Status hearing remains set for 2/14/19 at 9:30 a.m. Notices mailed. (psm, )
October 30, 2018 Opinion or Order Filing 282 REPLY by Plaintiff United States of America to Response #281 , declaration #280 (Tashima, Keith)
October 23, 2018 Opinion or Order Filing 281 RESPONSE by Defendant Navistar Inc. to declaration #280 - Defendant Navistar, Inc.'s Reply to the Declaration of David F. Merrion in Response to Court's Rule to Show Cause (Perlman, Cary)
October 9, 2018 Opinion or Order Filing 280 DECLARATION of David F. Merrion (Hansen, Jeffrey)
October 9, 2018 Opinion or Order Filing 279 SEALED DOCUMENT by Unknown David Merrion Declaration (Hansen, Jeffrey)
October 4, 2018 Opinion or Order Filing 278 MINUTE entry before the Honorable Manish S. Shah: David Merrion's motion for leave to file his declaration under seal #276 is granted, and no appearance on 10/9/18 is necessary. (mss)
October 4, 2018 Opinion or Order Filing 277 NOTICE of Motion by Jeffrey Michael Hansen for presentment of motion for leave to file #276 before Honorable Manish S. Shah on 10/9/2018 at 09:45 AM. (Hansen, Jeffrey)
October 4, 2018 Opinion or Order Filing 276 MOTION by Unknown David Merrion for leave to file declaration under seal - UNOPPOSED (Hansen, Jeffrey)
September 13, 2018 Opinion or Order Filing 275 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #273 is granted. David Merrion's declaration is now due 10/9/18. Defendant may respond to the submission by 10/23/18; plaintiff may reply by 10/30/18. No appearance on the motion is necessary. Notices mailed. (psm, )
September 11, 2018 Opinion or Order Filing 274 NOTICE of Motion by Jeffrey Michael Hansen for presentment of motion for extension of time to file #273 before Honorable Manish S. Shah on 9/18/2018 at 09:45 AM. (Hansen, Jeffrey)
September 11, 2018 Opinion or Order Filing 273 MOTION by Unknown David Merrion for extension of time to file UNOPPOSED (Hansen, Jeffrey)
September 11, 2018 Opinion or Order Filing 272 ATTORNEY Appearance for Unknown David Merrion by Jeffrey Michael Hansen (Hansen, Jeffrey)
August 30, 2018 Opinion or Order Filing 270 TRANSCRIPT OF PROCEEDINGS held on 08/28/18 before the Honorable Manish S. Shah. Order Number: 32012. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@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 9/20/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/28/2018. (Conway, Colleen)
August 28, 2018 Opinion or Order Filing 271 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. For the reasons stated in open court, the motion for rule to show cause #264 is granted in part and denied in part. The court issue a rule to show cause to David Marrion, and by 9/18/18 he shall submit a written explanation for his use of the materials that were designated confidential in this case, in the Moser litigation, Case No. 4:17-cv-598 (E.D. Tex.). Defendant may respond to the submission by 10/2/18; plaintiff may reply by 10/9/18. The court will issue a ruling via cm/ecf. Continued status hearing is set for 2/14/19 at 9:30 a.m. Notices mailed. (psm, )
August 22, 2018 Opinion or Order Filing 269 REPLY by Defendant Navistar Inc. to motion for rule to show cause #264 - Navistar Inc.'s Reply in Support of its Motion for Rule to Show Cause Why Plaintiff and its Unnamed Expert Should Not be Held in Breach of the Agreed Confidentiality Order (Perlman, Cary)
August 15, 2018 Opinion or Order Filing 268 MEMORANDUM by United States of America in Opposition to motion for rule to show cause #264 (Attachments: #1 Declaration of Keith T. Tashima, #2 Exhibit A to the Tashima Decl., #3 Exhibit B to the Tashima Decl.)(Tashima, Keith)
August 6, 2018 Opinion or Order Filing 267 ORDER. The briefing schedule on defendant's motion for rule to show cause #264 is as follows: plaintiff's response is due 8/15/18; defendant's reply is due 8/22/18. No appearance on 8/7/18 is necessary. Signed by the Honorable Manish S. Shah on 8/6/2018. Notices mailed. (psm, )
August 1, 2018 Opinion or Order Filing 266 NOTICE of Motion by Cary R. Perlman for presentment of motion for rule to show cause #264 before Honorable Manish S. Shah on 8/7/2018 at 09:45 AM. (Perlman, Cary)
August 1, 2018 Opinion or Order Filing 265 MEMORANDUM by Navistar Inc. in support of motion for rule to show cause #264 Why Plaintiff and its Unnamed Expert Should Not Be Held in Breach of the Agreed Confidentiality Order and for Related Relief (Attachments: #1 Affidavit of Lance B. Williams, #2 Affidavit of Malorie R. Medellin)(Perlman, Cary)
August 1, 2018 Opinion or Order Filing 264 MOTION by Defendant Navistar Inc. for rule to show cause Why Plaintiff and its Unnamed Expert Should Not Be Held in Breach of the Agreed Confidentiality Order and for Related Relief (Perlman, Cary)
July 27, 2018 Opinion or Order Filing 263 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as attorney #261 is granted. Laurence Harvey Levine is terminated as counsel of record. No appearance on the motion is necessary. Notices mailed. (psm, )
July 23, 2018 Opinion or Order Filing 262 NOTICE of Motion by Laurence Harvey Levine for presentment of motion to withdraw as attorney #261 before Honorable Manish S. Shah on 7/31/2018 at 09:45 AM. (Levine, Laurence)
July 23, 2018 Opinion or Order Filing 261 MOTION by Attorney Laurence H. Levine to withdraw as attorney for Navistar Inc.. No party information provided (Levine, Laurence)
June 8, 2018 Opinion or Order Filing 260 WITHDRAWING John Robert Robertson and Justin A. Savage as counsel for Intervenor Parties Detroit Diesel Corporation, Mitsubishi Fuso Truck of America and substituting Michael S. Pullos as counsel of record (Pullos, Michael)
June 8, 2018 Opinion or Order Filing 259 ATTORNEY Appearance for Intervenor Parties Detroit Diesel Corporation, Mitsubishi Fuso Truck of America by Michael S. Pullos (Pullos, Michael)
May 22, 2018 Opinion or Order Filing 258 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Case schedule remains as set out in the court's order of 5/3/18 #257 . Continued status hearing is set for 8/28/2018 at 9:30 a.m. Mailed notice. (jjr, )
May 3, 2018 Opinion or Order Filing 257 PHASE II SCHEDULING ORDER. Signed by the Honorable Manish S. Shah on 5/3/2018. Mailed notice (ags, )
May 3, 2018 Opinion or Order Filing 256 MINUTE entry before the Honorable Manish S. Shah: Motion for entry of scheduling order #254 is granted. Motion hearing of 5/9/18 is stricken; no appearance is necessary on 5/9/18. Enter scheduling order. Mailed notice (ags, )
May 3, 2018 Opinion or Order Filing 255 NOTICE of Motion by Keith Taketo Tashima for presentment of motion for miscellaneous relief #254 before Honorable Manish S. Shah on 5/9/2018 at 09:45 AM. (Tashima, Keith)
May 3, 2018 Opinion or Order Filing 254 MOTION by Plaintiff United States of America for Entry of Unopposed Phase II Scheduling Order (Attachments: #1 Memorandum in Support)(Tashima, Keith)
April 3, 2018 Opinion or Order Filing 253 STIPULATION of Dismissal of Defendant Navistar International Corporation (Tashima, Keith)
March 12, 2018 Opinion or Order Filing 252 MINUTE entry before the Honorable Manish S. Shah: The motion to reset the 3/14/18 status hearing #250 is granted. Status hearing on 3/14/18 is stricken and reset to 5/22/18 at 9:30 a.m. Notices mailed. (psm, )
March 7, 2018 Opinion or Order Filing 251 NOTICE of Motion by Keith Taketo Tashima for presentment of motion for miscellaneous relief #250 before Honorable Manish S. Shah on 3/14/2018 at 09:45 AM. (Tashima, Keith)
March 7, 2018 Opinion or Order Filing 250 MOTION by Plaintiff United States of America to Adjourn March 14 Status Conference (Unopposed) (Tashima, Keith)
January 24, 2018 Opinion or Order Filing 249 MINUTE entry before the Honorable Susan E. Cox: All matters relating to the referral of this action are resolved; case returned to the assigned judge. Referral terminated. Mailed notice (np, )
January 23, 2018 Opinion or Order Filing 248 ORDER: This matter comes before the Court on Defendants' Motion for Protective Order or to Strike Plaintiff's Amended First Requests for Admission #234 . For the reasons stated herein, that motion is granted. - Signed by the Honorable Susan E. Cox on 1/23/2018. [For further details see order] Mailed notice (np, )
January 8, 2018 Opinion or Order Filing 247 SEALED EXHIBIT by Plaintiff United States of America Declaration of Keith T. Tashima with Exhibits regarding order on motion to seal document, terminate hearings #246 , memorandum in opposition to motion,,, #243 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O, #14 Exhibit P)(Tashima, Keith)
January 8, 2018 Opinion or Order Filing 246 MINUTE entry before the Honorable Susan E. Cox: Unopposed motion to submit documents under seal #241 is granted. No appearance required on the motion. Mailed notice (np, )
January 8, 2018 Opinion or Order Filing 245 REPLY by Defendants Navistar Inc., Navistar International Corporation to motion for miscellaneous relief #234 - Reply in Support of Defendants' Motion for Protective Order or to Strike Plaintiff's Amended First Requests for Admission (Perlman, Cary)
January 8, 2018 Opinion or Order Filing 244 REDACTED #240 TRANSCRIPT OF PROCEEDINGS held on 12-13-2017 before the Honorable Susan E. Cox. Order Number: 29333. Court Reporter Contact Information: Pamela S. Warren http://www.ilnd.uscourts.gov/transcript-order-form.aspx.

< Redaction Request due 1/16/2018. Redacted Transcript Deadline set for 1/24/2018. Release of Transcript Restriction set for 3/26/2018. (Warren, Pamela) (Warren, Pamela)
December 29, 2017 Opinion or Order Filing 243 MEMORANDUM by United States of America in Opposition to motion for miscellaneous relief #234 with Declaration (Attachments: #1 Declaration to be filed under seal, #2 Exhibit A (to be filed under seal), #3 Exhibit B (to be filed under seal), #4 Exhibit C (to be filed under seal), #5 Exhibit D, #6 Exhibit E (to be filed under seal), #7 Exhibit F (to be filed under seal), #8 Exhibit G (to be filed under seal), #9 Exhibit H (to be filed under seal), #10 Exhibit I (to be filed under seal), #11 Exhibit J, #12 Exhibit K (to be filed under seal), #13 Exhibit L (to be filed under seal), #14 Exhibit M (to be filed under seal), #15 Exhibit N (to be filed under seal), #16 Exhibit O (to be filed under seal), #17 Exhibit P (to be filed under seal))(Tashima, Keith)
December 29, 2017 Opinion or Order Filing 242 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to seal document #241 before Honorable Susan E. Cox on 1/9/2018 at 09:30 AM. (Tashima, Keith)
December 29, 2017 Opinion or Order Filing 241 MOTION by Plaintiff United States of America to seal document (Attachments: #1 Memorandum in Support)(Tashima, Keith)
December 24, 2017 Opinion or Order Filing 240 TRANSCRIPT OF PROCEEDINGS held on 12-13-2017 before the Honorable Susan E. Cox. Order Number: 29333. Court Reporter Contact Information: Pamela S. Warren http://www.ilnd.uscourts.gov/transcript-order-form.aspx.

< Redaction Request due 1/16/2018. Redacted Transcript Deadline set for 1/24/2018. Release of Transcript Restriction set for 3/26/2018. (Warren, Pamela)
December 15, 2017 Opinion or Order Filing 239 ORDER: The parties having appeared before the Court on Wednesday, December 13, 2017, and the Motion being taken under advisement, the following briefing schedule is hereby ORDERED: Plaintiff's opposition is due on or before Friday, December 29, 2017; and Defendants' reply, if any, is due on or before Monday, January 8, 2018. [For further details see order]- Signed by the Honorable Susan E. Cox on 12/15/2017. Mailed notice (np, )
December 13, 2017 Opinion or Order Filing 238 MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Defendants' motion for protective order or to strike Plaintiff's amended first requests for admission #234 is taken under advisement. Parties are to submit a proposed order with an agreed upon briefing schedule. Mailed notice (np, )
December 8, 2017 Opinion or Order Filing 237 NOTICE of Motion by Cary R. Perlman for presentment of motion for miscellaneous relief #234 before Honorable Susan E. Cox on 12/13/2017 at 09:30 AM. (Perlman, Cary)
December 8, 2017 Opinion or Order Filing 236 Defendants' Certification of Compliance with Local Rule 37.2 by Navistar Inc., Navistar International Corporation #234 (Perlman, Cary)
December 8, 2017 Opinion or Order Filing 235 MEMORANDUM by Navistar Inc., Navistar International Corporation in support of motion for miscellaneous relief #234 - Defendants' Memorandum in Support of their Motion for Protective Order or to Strike Plaintiff's Amended First Requests for Admission (Perlman, Cary)
December 8, 2017 Opinion or Order Filing 234 MOTION by Defendants Navistar Inc., Navistar International Corporation For Protective Order or to Strike Plaintiff's Amended First Requests for Admission (Perlman, Cary)
November 27, 2017 Opinion or Order Filing 233 MINUTE entry before the Honorable Susan E. Cox: Parties contacted the Court and reported that they were able to solve the issues raised in Plaintiff's motion to compel #219 . As such, that motion is denied as moot, and the hearing is set for 11/29/2017 is stricken. Mailed notice (np, )
November 20, 2017 Opinion or Order Filing 232 TRANSCRIPT OF PROCEEDINGS held on 11/16/17 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@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 12/11/2017. Redacted Transcript Deadline set for 12/21/2017. Release of Transcript Restriction set for 2/20/2018. (Conway, Colleen)
November 16, 2017 Opinion or Order Filing 231 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the government's motion to clarify scope of Phase I discovery #227 is granted in limited part. The court's comments made on the record have provided the parties sufficient guidance on the discovery issues raised in the motion. Continued status hearing is set for 3/14/18 at 9:30 a.m. Notices mailed. (psm, )
November 14, 2017 Opinion or Order Filing 230 SEALED EXHIBIT by Plaintiff United States of America regarding MOTION by Plaintiff United States of America to clarify scope of Phase I discovery #227 (Tashima, Keith)
November 13, 2017 Opinion or Order Filing 229 MINUTE entry before the Honorable Manish S. Shah: Motion to submit documents under seal #225 is granted. Notices mailed. (psm, )
November 13, 2017 Opinion or Order Filing 228 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to clarify #227 before Honorable Manish S. Shah on 11/16/2017 at 09:45 AM. (Tashima, Keith)
November 13, 2017 Opinion or Order Filing 227 MOTION by Plaintiff United States of America to clarify scope of Phase I discovery (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Tashima, Keith)
November 13, 2017 Opinion or Order Filing 226 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to seal #225 before Honorable Manish S. Shah on 11/16/2017 at 09:45 AM. (Tashima, Keith)
November 13, 2017 Opinion or Order Filing 225 MOTION by Plaintiff United States of America to seal (Attachments: #1 Memorandum in Support)(Tashima, Keith)
November 3, 2017 Opinion or Order Filing 224 SEALED EXHIBIT by Plaintiff United States of America regarding order on motion to seal,,, order on motion to compel,,, motion hearing,,, set/reset hearings,, #221 , MOTION by Plaintiff United States of America to compel #219 (Attachments: #1 Exhibit C-1, #2 Exhibit C-2, #3 Exhibit C-3, #4 Exhibit C-4, #5 Exhibit C-5, #6 Exhibit C-6, #7 Exhibit C-7, #8 Exhibit C-8, #9 Exhibit C-9, #10 Exhibit C-10, #11 Exhibit C-11)(Tashima, Keith)
November 3, 2017 Opinion or Order Filing 223 MINUTE entry before the Honorable Susan E. Cox: Status hearing set for 11/15/2017 is hereby stricken. Status hearing set for 11/29/2017 at 9:30 a.m. remains. Mailed notice (np, )
November 3, 2017 Opinion or Order Filing 222 UNOPPOSED THIRD AMENDED SCHEDULING ORDER - Signed by the Honorable Susan E. Cox on 11/3/2017. Mailed notice (np, )
November 1, 2017 Opinion or Order Filing 221 MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Plaintiff's unopposed motion to submit documents under seal #217 is granted. Plaintiff's motion to compel #219 is entered and continued. Defendant must confirm the relevant board minutes were not disseminated outside of the control group, and determine whether those minutes have been produced in other litigation. Status hearing set for 11/29/2017 at 9:30 a.m. Parties are to submit a proposed scheduling order to the Court. Mailed notice (np, )
October 27, 2017 Opinion or Order Filing 220 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to compel #219 before Honorable Susan E. Cox on 11/1/2017 at 09:30 AM. (Tashima, Keith)
October 27, 2017 Opinion or Order Filing 219 MOTION by Plaintiff United States of America to compel (Attachments: #1 Memorandum in Support of Motion to Compel, #2 Exhibit A -- Certificate Pursuant to L. Civ. R. 37.2)(Tashima, Keith)
October 27, 2017 Opinion or Order Filing 218 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to seal #217 before Honorable Susan E. Cox on 11/1/2017 at 09:30 AM. (Tashima, Keith)
October 27, 2017 Opinion or Order Filing 217 MOTION by Plaintiff United States of America to seal (Attachments: #1 Memorandum in Support of Unopposed Motion to Seal)(Tashima, Keith)
October 23, 2017 Opinion or Order Filing 216 ATTORNEY Appearance for Plaintiff United States of America by Michael John Zoeller (Zoeller, Michael)
August 16, 2017 Opinion or Order Filing 215 TRANSCRIPT OF PROCEEDINGS held on July 12, 2017, before the Honorable Susan E. Cox. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@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 9/6/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/14/2017. (Lacien, Laura)
July 12, 2017 Opinion or Order Filing 214 MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Unopposed motion to extend Phase I discovery #206 is granted; deadline is re-set to 11/9/2017. No further extensions will be granted. Plaintiff's motion for protective order #209 is granted part and denied in part as discussed in open court. Status hearing set for 8/10/2017 is stricken and reset to 11/15/2017 at 9:30 a.m. Mailed notice (np, )
July 11, 2017 Opinion or Order Filing 213 RESPONSE by Defendants Navistar Inc., Navistar International Corporation to motion for protective order, #209 (Perlman, Cary)
July 10, 2017 Opinion or Order Filing 212 MINUTE entry before the Honorable Susan E. Cox: Motion Hearing #206 set for 7/11/2017 is stricken and reset to 7/12/2017 at 09:30 AM. Mailed notice (np, )
July 7, 2017 Opinion or Order Filing 211 NOTICE of Motion by Sean Kevin Carman for presentment of motion for protective order, #209 before Honorable Susan E. Cox on 7/12/2017 at 09:30 AM. (Carman, Sean)
July 7, 2017 Opinion or Order Filing 210 Notice of Presentment of Motion for Protective Order by United States of America (reference Docket No. 209) (Carman, Sean)
July 7, 2017 Opinion or Order Filing 209 MOTION by Plaintiff United States of America for protective order to Prevent Disclosure of Non-Party CBI in EPA Depositions (Attachments: #1 Exhibit Rule 37.2 Declaration, #2 Exhibit Ruling Motion to Compel, #3 Exhibit Ruling Summ Judgment, #4 Text of Proposed Order Proposed Order)(Carman, Sean)
July 5, 2017 Opinion or Order Filing 208 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as attorney #202 is granted. Britt Speyer Fleming is terminated as counsel of record. Notices mailed. (psm, )
June 30, 2017 Opinion or Order Filing 207 NOTICE of Motion by Keith Taketo Tashima for presentment of motion for extension of time to complete discovery #206 before Honorable Susan E. Cox on 7/11/2017 at 09:30 AM. (Tashima, Keith)
June 30, 2017 Opinion or Order Filing 206 MOTION by Plaintiff United States of America for extension of time to complete discovery with Memorandum in Support (Attachments: #1 Memorandum in Support)(Tashima, Keith)
May 24, 2017 Opinion or Order Filing 205 TRANSCRIPT OF PROCEEDINGS held on 03-15-2017 before the Honorable Susan E. Cox. Court Reporter Contact Information: Pamela S. Warren https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx.

< Redaction Request due 6/14/2017. Redacted Transcript Deadline set for 6/26/2017. Release of Transcript Restriction set for 8/22/2017. (Warren, Pamela)
May 10, 2017 Opinion or Order Filing 204 MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Fact discovery deadline is set for 8/9/2017. Parties advised that any issues related to issues surrounding discovery should be raised in the appropriate motion that can be timely resolved within the deadline set by the District Court. Status hearing set for 8/10/2017 at 9:30 a.m. Mailed notice (np, )
April 25, 2017 Opinion or Order Filing 203 MINUTE entry before the Honorable Susan E. Cox: At the request of the parties, status hearing set for 5/1/2017 is stricken and reset to 5/10/2017 at 09:30 AM. Mailed notice (np, )
April 24, 2017 Opinion or Order Filing 202 MOTION by Attorney Britt S. Fleming to withdraw as attorney for Hino Motors Manufacturing. (Fleming, Britt)
April 21, 2017 Opinion or Order Filing 201 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. For the reasons stated in open court, Defendants' Objections to Magistrate Judge's Orders Denying Defendants' Motions to Compel #186 are overruled. The motion by Hino Motors Manufacturing to withdraw as intervenor #191 is granted. Judge Cox has full authority over the discovery schedule. The parties may contact the courtroom deputy to set a status hearing. Notices mailed. (psm, )
April 13, 2017 Opinion or Order Filing 200 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as attorney #198 is granted. Alec Chatham Zacaroli is terminated as counsel of record. Notices mailed. (psm, )
April 12, 2017 Opinion or Order Filing 199 REPLY by Defendants Navistar Inc., Navistar International Corporation to objections #186 - Defendants' Reply in Support of Their Objections to Magistrate Judge's Orders Denying Defendants' Motions to Compel (Perlman, Cary)
March 31, 2017 Opinion or Order Filing 198 MOTION by Attorney Alec C. Zacaroli to withdraw as attorney for FPT Industrial S.p.A., Volvo Construction Equipment North America, LLC, Volvo Group North America, LLC. No party information provided (Zacaroli, Alec)
March 30, 2017 Opinion or Order Filing 197 SEALED EXHIBIT by Plaintiff United States of America Exhibit D regarding Response #194 (Tashima, Keith)
March 30, 2017 Opinion or Order Filing 196 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file under seal #192 is granted. No appearance on the motion is necessary. Notices mailed. (psm, )
March 29, 2017 Opinion or Order Filing 195 RESPONSE by Intervenor Parties CUMMINS INC., Caterpillar Inc.,, Deere & Company, Detroit Diesel Corporation, FPT Industrial S.p.A., Hino Motors Manufacturing, Mitsubishi Fuso Truck of America, PACCAR Inc., Volvo Construction Equipment North America, LLC, Volvo Group North America, LLC (Campbell, Andrea)
March 29, 2017 Opinion or Order Filing 194 RESPONSE by Plaintiff United States of America to objections #186 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tashima, Keith)
March 29, 2017 Opinion or Order Filing 193 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to seal document #192 before Honorable Manish S. Shah on 4/4/2017 at 09:45 AM. (Tashima, Keith)
March 29, 2017 Opinion or Order Filing 192 MOTION by Plaintiff United States of America to seal document Exhibit to US Response to Objections to Discovery Orders (Attachments: #1 Memorandum in Support)(Tashima, Keith)
March 22, 2017 Opinion or Order Filing 191 MOTION by Intervenor Hino Motors Manufacturing to withdraw (Fleming, Britt)
March 16, 2017 Opinion or Order Filing 190 TRANSCRIPT OF PROCEEDINGS held on 03/15/17 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@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 4/6/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/14/2017. (Conway, Colleen)
March 15, 2017 Opinion or Order Filing 189 MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Joint motion requesting discovery conference #177 is denied in light of the pending objections before Judge Shah. Status hearing set for 5/1/2017 at 9:30 a.m. Mailed notice (np, )
March 15, 2017 Opinion or Order Filing 188 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Parties reported on the status and update on the case regarding the hearing with the magistrate judge and the progress of discovery. The Court states that the discovery will remain in front of the magistrate judge. Written responses to the objection #186 are due by 3/29/2017. Replies are due by 4/12/2017. Status hearing continued to 4/21/2017 at 9:30 a.m. Mailed notice (meg, )
March 8, 2017 Opinion or Order Filing 187 #186 NOTICE of Motion by Cary R. Perlman for presentment of before Honorable Manish S. Shah on 3/15/2017 at 10:00 AM. (Perlman, Cary)
March 8, 2017 Opinion or Order Filing 186 OBJECTIONS to Magistrate Judge's Orders Denying Defendants' Motion to Compel (Attachments: #1 Exhibit)(Perlman, Cary)
March 1, 2017 Opinion or Order Filing 185 MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 3/1/2017: The United States' motion for summary judgment on the issue of liability #40 is granted with regard to Navistar, Inc., and denied with regard to International. International's cross-motion for summary judgment #57 is denied. Defendants' motion to strike #80 is denied, and defendants' motion to supplement #92 is granted. [For further detail see attached order.] Notices mailed.(psm, )
February 28, 2017 Opinion or Order Filing 184 MINUTE entry before the Honorable Manish S. Shah: Status hearing before Judge Shah is set for 3/15/17 at 10:00 a.m. A ruling on the pending motions for summary judgment will issue in advance of the next status hearing. Notices mailed. (psm, )
February 27, 2017 Opinion or Order Filing 183 EXECUTIVE COMMITTEE ORDER: It appearing that the Hon. James B. Zagel took senior status effective October 21, 2016 pursuant to 28 USC 294(b); and It further appearing that 15 C 6143, United States v. Navistar Inc. et al., is currently assigned to the Hon. James B. Zagel; and It further appearing that Judge Zagel has requested that this case be reassigned to another judge of this Court pursuant to 28 USC 294(b); therefore It is hereby ordered that 15 C 6143, United States v. Navistar Inc. et al., is to be reassigned to Judge Manish S. Shah by agreement, pursuant to IOP 13(c)(4). Case reassigned to the Honorable Manish S. Shah for all further proceedings. Signed by Executive Committee on 2/27/2017.(pk, )
February 27, 2017 Opinion or Order Filing 182 MINUTE entry before the Honorable Susan E. Cox: Due to a scheduling conflict with the parties, motion hearing #177 set for 3/1/2017 is stricken and reset to 3/15/2017 at 9:30 a.m. Mailed notice (np, )
February 23, 2017 Opinion or Order Filing 181 MINUTE entry before the Honorable Susan E. Cox: Defendants' Motion to Compel Responsive, Non-Privileged Pre-2006 Documents #160 is granted in part, and denied in part. Defendants' motion seeks documents that "fall into three general categories (i) published EPA opinions, (ii) unpublished EPA communications with third parties, and (iii) unpublished internal opinions, statements and/or communications of EPA staff, in each case concerning the actual, potential or alleged meaning, interpretation, or use of regulatory terms EPA has placed directly at issue in this lawsuit." (Dkt. 161 at 1-2). In an order dated 2/22/17 [Dkt. 180], this Court discussed the reasons why unpublished communications and internal memoranda are not relevant to the issues being raised in Phase I of the bifurcated discovery in this case. The Court believes that the reasoning in that order applies with equal force to such documents sought in the instant motion, and, therefore, denies the motion to the extent it seeks such documents. However, published EPA opinions would be highly relevant to the Defendants' case, and Plaintiff has failed to provide the Court with any compelling reason not to order their production. Although the Court understands that the published EPA opinions are public documents, the Court does not believe that providing those documents would be unduly burdensome to Plaintiff. As such, the Court grants the motion to the extent it seeks published EPA documents. Those documents must be produced to Defendants on or before 3/3/17. Mailed notice (np, )
February 22, 2017 Opinion or Order Filing 180 ORDER: For the reasons discussed below, Defendants' Motion to Compel [Dkt. #89 ] is denied. Plaintiff's Motion to Expand the Scope of Defendants' Motion and for Amendment of the Confidentiality Order [Dkt. #96 ] is denied as moot. - Signed by the Honorable Susan E. Cox on 2/22/2017. [For further details see order] Mailed notice (np, )
February 17, 2017 Opinion or Order Filing 179 MINUTE entry before the Honorable Susan E. Cox: On the Court's own motion, the motion hearing for Plaintiff's Motion for a Discovery Conference on 2/22/17 is stricken and reset to 3/1/17. Mailed notice (lp, )
February 16, 2017 Opinion or Order Filing 178 NOTICE of Motion by Keith Taketo Tashima for presentment of motion for discovery #177 before Honorable Susan E. Cox on 2/22/2017 at 09:30 AM. (Tashima, Keith)
February 16, 2017 Opinion or Order Filing 177 MOTION by Plaintiff United States of America for discovery conference (Attachments: #1 Notice of Filing of Joint Motion Requesting Discovery Conference)(Tashima, Keith)
February 10, 2017 Opinion or Order Filing 176 MINUTE entry before the Honorable Amy J. St. Eve: Plaintiff's Motion for Leave to Appear Pro Hac Vice #175 is granted. Attorney Peter Krzywicki is granted leave to appear on behalf of the United States of America. Mailed notice (ep, )
February 7, 2017 Opinion or Order Filing 175 MOTION by Plaintiff United States of America for leave to appear as Pro Hac Vice (Krzywicki, Peter)
January 23, 2017 Opinion or Order Filing 174 SECOND AMENDED SCHEDULING ORDER - Signed by the Honorable Susan E. Cox on 1/23/2017. [For further details see order] Mailed notice (np, )
January 6, 2017 Opinion or Order Filing 173 MINUTE entry before the Honorable Susan E. Cox: The Joint Motion for extension of Phase I Discovery #171 is granted in part and denied in part. The Court hereby extends the fact discovery deadline to May 9, 2017. The remaining dates included in the parties' motion will correspond to that date. The parties are ordered to submit a proposed scheduling order to the Court's proposed order inbox on or before 1/13/17. If the parties need additional time to complete fact discovery and can show that they have proceeded diligently with their discovery obligations, the Court will consider extending the deadline further at the appropriate time. No appearance required on 1/10/2017 at 9:30 a.m. Mailed notice (np, )
January 4, 2017 Opinion or Order Filing 172 JOINT NOTICE of Motion by Cary R. Perlman for presentment of motion for miscellaneous relief #171 before Honorable Susan E. Cox on 1/10/2017 at 09:30 AM. (Perlman, Cary)
January 4, 2017 Opinion or Order Filing 171 MOTION by Defendants Navistar Inc., Navistar International Corporation- Joint Motion for Extension of Phase I Discovery and for Entry of Second Amended Scheduling Order (Perlman, Cary)
December 19, 2016 Opinion or Order Filing 170 REPLY by Defendants Navistar Inc., Navistar International Corporation - Defendants' Reply in Support of Their Motion to Compel Documents Withheld on Grounds That They Include CBI (Perlman, Cary)
December 19, 2016 Opinion or Order Filing 169 REPLY by Defendants Navistar Inc., Navistar International Corporation - Defendants' Reply in Support of Their Motion to Compel Responsive, Non-Privileged Pre-2006 Documents (Perlman, Cary)
December 12, 2016 Opinion or Order Filing 168 MEMORANDUM by United States of America in Opposition to motion to compel #160 (Attachments: #1 Declaration Tribbett)(Tashima, Keith)
December 12, 2016 Opinion or Order Filing 167 RESPONSE by Deere & Company, FPT Industrial S.p.A., Hino Motors Manufacturing, Volvo Construction Equipment North America, LLCin Opposition to MOTION by Defendants Navistar Inc., Navistar International Corporation to compel #89 (Domike, Julie)
December 7, 2016 Opinion or Order Filing 166 MINUTE entry before the Honorable James B. Zagel: Ruling set for 12/8/16 is stricken and no appearance is necessary. Mailed notice (ep, )
November 28, 2016 Opinion or Order Filing 165 MINUTE entry before the Honorable Susan E. Cox: The following briefing schedule is set for Defendants' motion to compel responsive, non-privileged pre-2006 documents #160 : Plaintiff's response brief is due by 12/12/16 and Defendants' reply brief is due by 12/19/16. To the extent that the motion to compel #160 is requesting production of EPA communications with third parties, the motion is denied without prejudice until there is a ruling on the other motion to compel #89 . Motion hearing set for 11/30/2016 before Judge Cox is stricken. Mailed notice (np, )
November 28, 2016 Opinion or Order Filing 164 ORDER: For the foregoing reasons, the motions to intervene #120 and #150 are granted. The Court will allow Third Party Nonroad Engine and Equipment Manufacturers to file a response to Defendants Motion to Compel #89 by December 12, 2016. Defendants reply is due by December 19, 2016. [For further details see order] - Signed by the Honorable Susan E. Cox on 11/28/2016. Mailed notice (np, )
November 22, 2016 Opinion or Order Filing 163 NOTICE of Motion by Cary R. Perlman for presentment of motion to compel #160 before Honorable Susan E. Cox on 11/30/2016 at 09:30 AM. (Perlman, Cary)
November 22, 2016 Opinion or Order Filing 162 Defendants' Certification of Compliance With Local Rule 37.2 #161 by Navistar Inc., Navistar International Corporation (Perlman, Cary)
November 22, 2016 Opinion or Order Filing 161 MEMORANDUM by Navistar Inc., Navistar International Corporation in support of motion to compel #160 - Defendants' Memorandum in Support of Their Motion to Compel Responsive, Non-Privileged Pre-2006 Documents (Perlman, Cary)
November 22, 2016 Opinion or Order Filing 160 MOTION by Defendants Navistar Inc., Navistar International Corporation to compel Responsive, Non-Privileged Pre-2006 Documents (Perlman, Cary)
November 18, 2016 Opinion or Order Filing 159 MINUTE entry before the Honorable James B. Zagel: Motions for Leave to Appear Pro Hac Vice #148 , #149 , #153 and #154 are granted. Attorneys Julie R. Domike and Alec C. Zacaroli may appear on behalf of FPT Industrial S.p.A. and Volvo Construction Equipment North America, LLC. Mailed notice (ep, )
November 16, 2016 Opinion or Order Filing 158 Defendants' Certification of Destruction of Non-Party CBI Documents Produced by Plaintiff by Navistar Inc., Navistar International Corporation (Perlman, Cary)
November 15, 2016 Opinion or Order Filing 157 REPLY by Intervenor Parties CUMMINS INC., Caterpillar Inc.,, Detroit Diesel Corporation, Mitsubishi Fuso Truck of America, PACCAR Inc., Volvo Group North America, LLC to response in opposition to motion, #138 to Intervene and Protect Their Highly Senstive Confidential Business Information (Robertson, John)
November 14, 2016 Opinion or Order Filing 156 MINUTE entry before the Honorable Susan E. Cox: Motion by Third Party Nonroad Engine and Equipment Manufacturers, Deere & Company, Hino Motors Manufacturing, FPT Industrial S.p.A., Volvo Construction Equipment North America, LLC to intervene #150 is taken under advisement. No further briefing will be allowed. Any ruling the Court makes concerning 1) whether it is appropriate for third parties to intervene in this action; and/ or 2) whether confidential business information should be disclosed to defendant, and under what terms, will apply to any and all such third parties. No court appearance is required. Mailed notice (np, )
November 10, 2016 Opinion or Order Filing 155 ATTORNEY Appearance for Intervenor Parties FPT Industrial S.p.A., Volvo Construction Equipment North America, LLC by James A Shimota (Shimota, James)
November 10, 2016 Opinion or Order Filing 154 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12559661. (Zacaroli, Alec)
November 10, 2016 Opinion or Order Filing 153 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12559659. (Zacaroli, Alec)
November 10, 2016 Opinion or Order Filing 152 NOTICE of Motion by Julie Ronder Domike for presentment of motion to intervene #150 before Honorable Susan E. Cox on 11/16/2016 at 09:30 AM. (Domike, Julie) Modified on 11/14/2016 (pk, ).
November 10, 2016 Opinion or Order Filing 151 MEMORANDUM by Deere & Company, FPT Industrial S.p.A., Hino Motors Manufacturing, Volvo Construction Equipment North America, LLC in support of motion to intervene #150 (Attachments: #1 Exhibit List, #2 Exhibit 1-6)(Domike, Julie) (Docket Text Modified by Clerk's Office) Modified on 11/14/2016 (pk, ).
November 10, 2016 Opinion or Order Filing 150 MOTION by Intervenor Parties Deere & Company, Hino Motors Manufacturing, FPT Industrial S.p.A., Volvo Construction Equipment North America, LLC to intervene (Domike, Julie) (Docket Text Modified by Clerk's Office) Modified on 11/14/2016 (pk, ).
November 10, 2016 Opinion or Order Filing 149 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12559607. (Domike, Julie)
November 10, 2016 Opinion or Order Filing 148 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12559593. (Domike, Julie)
November 10, 2016 Opinion or Order Filing 147 MINUTE entry before the Honorable James B. Zagel: Motions for Leave to Appear Pro Hac Vice #141 , #142 and #146 are granted. Attorney Andrea Lynne Hudson Campbell is granted leave to appear on behalf of Paccar, Inc. Attorney Britt Speyer Fleming is granted leave to appear on behalf of Hino Motors Manufacturing. Attorney William M. Guerry is granted leave to appear on behalf of Deere & Company. Mailed notice (ep, )
November 9, 2016 Opinion or Order Filing 146 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12554982. (Guerry, William)
November 9, 2016 Opinion or Order Filing 145 ATTORNEY Appearance for Intervenor Deere & Company by Catherine E. James (James, Catherine)
November 9, 2016 Opinion or Order Filing 144 PAYMENT by Hino Motors Manufacturing of Pro Hac Fee $ 50, receipt number 0752-12554318. (Campbell, Andrea)
November 9, 2016 Opinion or Order Filing 143 PAYMENT by Hino Motors Manufacturing of Pro Hac Fee $ 50, receipt number 0752-12554313. (Fleming, Britt)
November 9, 2016 Opinion or Order Filing 142 MOTION for Leave to Appear Pro Hac Vice (Fleming, Britt)
November 9, 2016 Opinion or Order Filing 141 MOTION for Leave to Appear Pro Hac Vice (Campbell, Andrea)
November 9, 2016 Opinion or Order Filing 140 MINUTE entry before the Honorable James B. Zagel: Ruling set for 11/17/16 is stricken and reset to 12/8/16 at 9:30 a.m. Mailed notice (ep, )
November 8, 2016 Opinion or Order Filing 139 RESPONSE by Defendants Navistar Inc., Navistar International Corporation to motion to compel #89 - Defendants' Response to Proposed Third Party Manufacturers' Opposition to Defendants' Motion to Compel (Perlman, Cary)
November 8, 2016 Opinion or Order Filing 138 RESPONSE by Navistar Inc., Navistar International Corporationin Opposition to MOTION by Intervenor Parties Caterpillar Inc.,, Mitsubishi Fuso Truck of America, CUMMINS INC., PACCAR Inc., Detroit Diesel Corporation, Volvo Group North America, LLC to intervene to Protect Their Sensitive Confidential Business Information #120 - Defendants' Opposition to Motion to Intervene (Perlman, Cary)
November 7, 2016 Opinion or Order Filing 137 MINUTE entry before the Honorable Susan E. Cox: The Court currently has three pending motions to decide concerning certain third party confidential business information ("CBI") which plaintiff, the EPA, possesses as part of its regulatory functions and which defendant Navistar claims is relevant to the litigation herein. Although the EPA originally produced a small quantity of CBI earlier this year under an agreed upon Confidentiality Order entered by the District Judge in this case, its further review of the scope of further production necessary to comply with the discovery requests made it clear that any further response to such requests would necessarily force it to disclose a massive amount of CBI to Navistar. To alert these third parties to this exigency, the EPA filed notice on July 7, 2016 to the Third Party Manufacturers of its CBI disclosures by publication in the Federal Register pursuant to 40 C.F.R. 2.209(d). [Dkt. #132 at 4]. See 82 Fed. Reg. 130 (July 7, 2016), p. 44303. The regulation, which the EPA concedes applies to this litigation, indicates that where possible, the EPA "shall provide as much advance notice as possible to each affected business of the type of information to be disclosed and to whom it is to be disclosed." 40 C.F.R. 2.209(d). Here, the EPA provided notice six months after the Agreed Confidentiality Order [Dkt. #35] was in place. However, the EPA already had released a small quantity of CBI as part of its discovery in February 2016 and June 2016 prior to providing this notice. [Dkt. #122 at 12]. See Keteltas Decl. Ex. A, Em. fr. K. Tashima (August 5, 2016). Not surprisingly, these third parties have sought to intervene in this lawsuit to prevent further disclosures and to remedy the disclosures already made before they had notice. [Dkt. #120]. Although the EPA does not oppose this intervention, Navistar does and this matter is now being briefed. The Court also must rule on Navistar's pending motion to compel all of the CBI it has requested in its two sets of document requests [Dkt. #89], as well as the EPA's motion to amend the Confidentiality Order. [Dkt. # 96]. The Court believes that because the third parties had no opportunity to object to the limited production of their CBI which occurred before the EPA gave them notice, it makes sense to require at least a temporary "clawback" of the CBI until the Court can make a ruling on whether the production of any CBI by the EPA is warranted in this case and under what conditions it should be produced. Accordingly, the Court directs the EPA and Navistar to confer about which documents have been produced containing third party CBI. All such identified documents should be returned to the EPA. Navistar must certify that this has been done and all copies of the CBI destroyed. This should be done by November 16, 2016. The Court by this Order expresses no opinion as to its potential rulings on the pending motions. Rather the Court finds that the inability of the third parties to raise any objections to the EPA or to the Court to the production of CBI prior to receiving notice should be remedied. Mailed notice (np, )
November 7, 2016 Opinion or Order Filing 136 MINUTE entry before the Honorable James B. Zagel: Motions for Leave to Appear Pro Hac Vice #102 , #104 , #105 , #106 , #108 , #111 , #112 , #113 , #114 , #115 , #117 , and #124 are granted. Mailed notice (ep, )
November 1, 2016 Opinion or Order Filing 135 MINUTE entry before the Honorable Susan E. Cox: Status and motion hearing set for 11/2/2016 at 9:30 a.m. before Judge Cox is stricken. Pending motions #89 , #96 , and #120 are taken under advisement. The following briefing schedule is set for the Third Party Manufacturers'/proposed third party intervenors' motion to intervene to protect their highly sensitive confidential business information #120 : Defendant's response brief is due by 11/8/2016 and Third party manufacturers' reply brief is due by 11/15/2016. Court will rule by mail. If any questions arise in regards to the pending motions, Judge Cox may schedule an oral argument hearing. Mailed notice (np, )
November 1, 2016 Opinion or Order Filing 134 RESPONSE by Amicus Alliance of Automobile Manufacturers to motion to intervene, #120 , memorandum in support of motion #90 Brief of Amicus Curiae Alliance of Automobile Manufacturers in Support of the United States' Opposition to Defendants' Motion to Compel and Third Party Manufacturers' Motion to Intervene (Fenning, Lisa)
November 1, 2016 Opinion or Order Filing 133 MINUTE entry before the Honorable Susan E. Cox: Motion of the alliance of automobile manufacturers for leave to file amicus curiae brief #126 is granted. Mailed notice (np, )
October 31, 2016 Opinion or Order Filing 132 RESPONSE by Plaintiff United States of America to motion to intervene, #120 , motion for leave to file #126 , response in opposition to motion, #122 (Carman, Sean)
October 27, 2016 Opinion or Order Filing 131 REPORT of Rule 26(f) Planning Meeting (Carman, Sean)
October 26, 2016 Opinion or Order Filing 130 MINUTE entry before the Honorable James B. Zagel: The Court's previous referral is amended to reflect that Defendants' Motion to Supplement #92 is not referred to the magistrate judge as it will be addressed in the forthcoming ruling on the parties' Motions for Summary Judgment. All other aspects of the previous referral order will stand. Mailed notice (ep, )
October 25, 2016 Opinion or Order Filing 129 REPLY by Defendants Navistar Inc., Navistar International Corporation to motion to supplement #92 - Defendants' Reply in Support of Their Notice of Supplemental Authority and Motion to Supplement the Record (Perlman, Cary)
October 25, 2016 Opinion or Order Filing 128 REPLY by Defendants Navistar Inc., Navistar International Corporation to motion to compel #89 - Defendants' Reply in Support of Their Motion to Compel (Perlman, Cary)
October 25, 2016 Opinion or Order Filing 127 NOTICE of Motion by Lisa Hill Fenning for presentment of motion for leave to file #126 before Honorable Susan E. Cox on 11/2/2016 at 09:30 AM. (Fenning, Lisa)
October 25, 2016 Opinion or Order Filing 126 MOTION by Amicus Alliance of Automobile Manufacturers for leave to file Amicus Curiae Brief (Attachments: #1 Amicus Curiae Brief)(Fenning, Lisa)
October 25, 2016 Opinion or Order Filing 125 ATTORNEY Appearance for Amicus Alliance of Automobile Manufacturers by Lisa Hill Fenning (Fenning, Lisa)
October 25, 2016 Opinion or Order Filing 124 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12501060. (Gutter, Samuel)
October 25, 2016 Opinion or Order Filing 123 REQUEST for Clerk of Court to refund filing fee in the amount of $50.00, receipt no. 0752-12492503, regarding motion to appear pro hac vice #117 (Domike, Julie)
October 21, 2016 Opinion or Order Filing 122 RESPONSE by CUMMINS INC., Caterpillar Inc.,, Detroit Diesel Corporation, Mitsubishi Fuso Truck of America, PACCAR Inc., Volvo Group North America, LLCin Opposition to MOTION by Defendants Navistar Inc., Navistar International Corporation to compel #89 (Robertson, John)
October 21, 2016 Opinion or Order Filing 121 NOTICE of Motion by John Robert Robertson for presentment of motion to intervene, #120 before Honorable Susan E. Cox on 11/2/2016 at 09:30 AM. (Attachments: #1 Exhibit A)(Robertson, John)
October 21, 2016 Opinion or Order Filing 120 MOTION by Intervenor Parties Caterpillar Inc.,, Mitsubishi Fuso Truck of America, CUMMINS INC., PACCAR Inc., Detroit Diesel Corporation, Volvo Group North America, LLC to intervene to Protect Their Sensitive Confidential Business Information (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit List, #3 Exhibits 1 through 9)(Robertson, John)
October 21, 2016 Opinion or Order Filing 119 MINUTE entry before the Honorable Susan E. Cox: This matter has been referred to Judge Cox for discovery supervision, including pending motions #89 , #92 , and #96 . Status and motion hearing is set for 11/2/2016 at 9:30 a.m. Parties are to review the Court's webpage under the heading Rule 26(f) Planning Conference. Parties are to file their report on or before 10/27/2016 and deliver a copy to Judge Cox's Courtroom Deputy, Nakita Perdue Room 1024. Mailed notice (np, )
October 21, 2016 Opinion or Order Filing 118 ATTORNEY Appearance for Intervenor Caterpillar Inc., by John Michael Touhy (Touhy, John)
October 21, 2016 Opinion or Order Filing 117 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12492503. Amended Motion (Domike, Julie)
October 21, 2016 Opinion or Order Filing 116 ATTORNEY Appearance for Intervenor Volvo Group North America, LLC by James A Shimota (Shimota, James)
October 21, 2016 Opinion or Order Filing 115 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12491112. (Zacaroli, Alec)
October 21, 2016 Opinion or Order Filing 114 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12491034. (Domike, Julie)
October 21, 2016 Opinion or Order Filing 113 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12490958. (Montague, R.)
October 21, 2016 Opinion or Order Filing 112 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12490916. (Lannon, Kathryn)
October 21, 2016 Opinion or Order Filing 111 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12490871. (Savage, Justin)
October 21, 2016 Opinion or Order Filing 110 ATTORNEY Appearance for Intervenor Mitsubishi Fuso Truck of America by John Robert Robertson (Robertson, John)
October 21, 2016 Opinion or Order Filing 109 ATTORNEY Appearance for Intervenor Detroit Diesel Corporation by John Robert Robertson (Robertson, John)
October 21, 2016 Opinion or Order Filing 108 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12490766. (Boxerman, Samuel)
October 21, 2016 Opinion or Order Filing 107 ATTORNEY Appearance for Intervenor CUMMINS INC. by Byron F. Taylor (Taylor, Byron)
October 21, 2016 Opinion or Order Filing 106 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12490250. (Keteltas, Gilbert)
October 21, 2016 Opinion or Order Filing 105 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12489791. (Penna, Richard)
October 20, 2016 Opinion or Order Filing 104 MOTION for Leave to Appear Pro Hac Vice Michael D. Farber (Farber, Michael)
October 18, 2016 Opinion or Order Filing 103 PAYMENT by PACCAR Inc. of Pro Hac Fee $ 50, receipt number 0752-12475000. (Campbell, Andrea)
October 18, 2016 Opinion or Order Filing 102 MOTION for Leave to Appear Pro Hac Vice (Campbell, Andrea)
October 17, 2016 Opinion or Order Filing 101 MINUTE entry before the Honorable James B. Zagel: In light of the parties' agreement that no further briefing schedule is requested on Plaintiff's Motion to Amend/Correct and to Expand the Scope of Defendants' Motion to Compel #96 , the motion hearing set for 10/18/16 is stricken and no appearance is necessary. Referral Order to issue to the magistrate judge to conduct proceedings related to discovery supervision and for hearings on Defendants' Motion to Compel #89 , Defendants' Motion to Supplement #92 and Plaintiff's Motion to Amend/Correct Protective Order and to Expand the Scope of Defendants' Motion to Compel #96 . Mailed notice (ep, )
October 17, 2016 Opinion or Order Filing 100 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: discovery motions and discovery supervision including Defendants' Motion to Compel #89 , Defendants' Motion to Supplement #92 and Plaintiff's Motion to Amend/Correct the Protective Order and to Expand the Scope of Defendants' Motion to Compel #96 . (ep, )Mailed notice. (dl, ).
October 13, 2016 Opinion or Order Filing 99 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to amend/correct, motion for relief,, #96 before Honorable James B. Zagel on 10/18/2016 at 09:30 AM. (Tashima, Keith)
October 11, 2016 Opinion or Order Filing 98 MEMORANDUM by United States of America in Opposition to motion to supplement #92 (Attachments: #1 Exhibit 2)(Tashima, Keith)
October 11, 2016 Opinion or Order Filing 97 MEMORANDUM by United States of America in support of motion to amend/correct, motion for relief,, #96 , motion to compel #89 and in opposition to Defendants' motion to compel (Tashima, Keith)
October 11, 2016 Opinion or Order Filing 96 MOTION by Plaintiff United States of America to amend/correct protective order #35 and to expand scope of Defendants' Motion to Compel (Attachments: #1 Notice of Motion, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13)(Tashima, Keith)
September 26, 2016 Opinion or Order Filing 95 UNOPPOSED Briefing Schedule. Signed by the Honorable James B. Zagel on 9/26/2016. Mailed notice(ep, )
September 26, 2016 Opinion or Order Filing 94 MINUTE entry before the Honorable James B. Zagel: Hearing set for 9/27/16 is stricken. Enter the parties' Unopposed Briefing Schedule with respect to Defendants' Motion to Compel #91 and Motion to Supplement the Record #93 . Mailed notice (ep, )
September 22, 2016 Opinion or Order Filing 93 NOTICE of Motion by Cary R. Perlman for presentment of motion to supplement #92 before Honorable James B. Zagel on 9/27/2016 at 09:30 AM. (Perlman, Cary)
September 22, 2016 Opinion or Order Filing 92 MOTION by Defendants Navistar Inc., Navistar International Corporation to supplement - Defendants' Notice of Supplemental Authority and Motion to Supplement the Record (Perlman, Cary)
September 22, 2016 Opinion or Order Filing 91 NOTICE of Motion by Cary R. Perlman for presentment of motion to compel #89 before Honorable James B. Zagel on 9/27/2016 at 09:30 AM. (Perlman, Cary)
September 22, 2016 Opinion or Order Filing 90 MEMORANDUM by Navistar Inc., Navistar International Corporation in support of motion to compel #89 (Perlman, Cary)
September 22, 2016 Opinion or Order Filing 89 MOTION by Defendants Navistar Inc., Navistar International Corporation to compel (Perlman, Cary)
September 14, 2016 Opinion or Order Filing 88 RESPONSE by Defendant Navistar International Corporation - Defendant Navistar International Corporation's Response to Plaintiff's Rule 56.1(b)(3)(C) Statement of Additional Material Facts (Perlman, Cary)
September 14, 2016 Opinion or Order Filing 87 REPLY by Defendant Navistar International Corporation - Navistar International Corporation's Reply Brief in Further Support of its Cross-Motion for Summary Judgment (Perlman, Cary)
September 8, 2016 Opinion or Order Filing 86 REPLY by Defendants Navistar Inc., Navistar International Corporation to motion to strike, motion for relief #80 - Defendants' Reply Memorandum in Support of Their Motion to Strike Section III of Plaintiff's Reply in Support of Summary Judgment (Perlman, Cary)
September 1, 2016 Opinion or Order Filing 85 MINUTE entry before the Honorable James B. Zagel: Motion hearing held. Defendants shall reply to the Government's Response in Opposition #84 on or before 9/8/16 and the Government shall reply, if necessary, on or before 9/15/16. Further hearing will be set in a future order. Mailed notice (ep, )
August 31, 2016 Opinion or Order Filing 84 RESPONSE by United States of Americain Opposition to MOTION by Defendants Navistar Inc., Navistar International Corporation to strike reply, #74 - Defendants' Motion to Strike Section III of Plaintiff's Reply in Support of Summary Judgment #80 (Chang, Deanna)
August 31, 2016 Opinion or Order Filing 83 MINUTE entry before the Honorable James B. Zagel: At the Court's instance, the time for the motion hearing set for 9/1/16 will begin at 11:00 a.m. rather than at 9:30 a.m. Mailed notice (ep, )
August 25, 2016 Opinion or Order Filing 82 NOTICE of Motion by Cary R. Perlman for presentment of motion to strike, motion for relief #80 before Honorable James B. Zagel on 9/1/2016 at 09:30 AM. (Perlman, Cary)
August 25, 2016 Opinion or Order Filing 81 MEMORANDUM by Navistar Inc., Navistar International Corporation in support of motion to strike, motion for relief #80 - Defendants' Memorandum in Support of Their Motion to Strike Section III of Plaintiff's Reply in Support of Summary Judgment (Perlman, Cary)
August 25, 2016 Opinion or Order Filing 80 MOTION by Defendants Navistar Inc., Navistar International Corporation to strike reply, #74 - Defendants' Motion to Strike Section III of Plaintiff's Reply in Support of Summary Judgment (Perlman, Cary)
August 22, 2016 Opinion or Order Filing 79 SEALED DOCUMENT by Plaintiff United States of America Exhibit U to Memorandum in Reply in Further Support of Motion for Summary Judgment and in Opposition to Navistar's Cross-Motion for Summary Judgment (Attachments: #1 Exhibit W, #2 Exhibit X, #3 Exhibit Z, #4 Exhibit AA, #5 Exhibit BB)(Tashima, Keith)
August 22, 2016 Opinion or Order Filing 78 MINUTE entry before the Honorable James B. Zagel: Plaintiff's Unopposed Motion to Submit Documents Under Seal #75 is granted. Plaintiff is granted leave to file under seal Exhibits U, W, X, Z, AA, and BB to the United States' Combined Memorandum in Reply in Further Support of its Motion for Summary Judgment and in Opposition to Navistar's Cross-Motion for Summary Judgment. Hearing set for 8/23/16 is stricken and no appearance is necessary. Mailed notice (ep, )
August 17, 2016 Opinion or Order Filing 77 REPLY by Plaintiff United States of America to motion for summary judgment #40 , motion for miscellaneous relief #57 Memorandum in Opposition to NIC's Cross-Motion for Summary Judgment (Attachments: #1 Response to NIC's Statement of Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit V, #23 Exhibit Y, #24 Exhibit CC)(Tashima, Keith)
August 17, 2016 Opinion or Order Filing 76 NOTICE of Motion by Keith Taketo Tashima for presentment of motion to seal document #75 before Honorable James B. Zagel on 8/23/2016 at 09:30 AM. (Tashima, Keith)
August 17, 2016 Opinion or Order Filing 75 MOTION by Plaintiff United States of America to seal document (Attachments: #1 Memorandum in Support of Unopposed Motion to Submit Documents Under Seal)(Tashima, Keith)
August 17, 2016 Opinion or Order Filing 74 REPLY by Plaintiff United States of America to motion for summary judgment #40 (Attachments: #1 Response to Navistar's Statement of Additional Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Tashima, Keith)
August 17, 2016 Opinion or Order Filing 73 RESPONSE by Defendant Navistar Inc. - Defendant Navistar, Inc.'s Response to Plaintiff's Rule 56.1 Statement of Material Facts (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 72 SEALED DOCUMENT by Defendant Navistar Inc. - Exhibits E, F and G to Declaration of Cary R. Perlman in Support of Defendant Navistar, Inc.'s Memorandum in Opposition to Plaintiff's Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 71 DECLARATION of Cary R. Perlman regarding memorandum in opposition to motion #68 - Declaration of Cary R. Perlman in Support of Defendant Navistar, Inc.'s Memorandum in Opposition to Plaintiff's Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 70 DECLARATION of Thomas M. Kramer regarding memorandum in opposition to motion #68 - Declaration of Thomas M. Kramer in Support of Defendant Navistar, Inc.'s Memorandum in Opposition to Plaintiff's Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 69 DECLARATION of Caitlin E. Dahl regarding memorandum in opposition to motion #68 - Declaration of Caitlin E. Dahl in Support of Defendant Navistar, Inc.'s Opposition to Plaintiff United States' Summary Judgment Motion Pursuant to Fed.R.Civ.P. 56(d) (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 68 MEMORANDUM by Navistar Inc. in Opposition to motion for summary judgment #40 - Memorandum in Support of Defendant Navistar, Inc.'s Opposition to United States' Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 67 RESPONSE by Defendant Navistar International Corporation to motion for summary judgment #40 , motion for miscellaneous relief #57 - Defendant Navistar International Corporation's Combined Response to Plaintiff's Rule 56.1 Statement of Material Facts and Statement of Material Facts in Support of NIC's Cross-Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 66 DECLARATION of Thomas M. Kramer regarding memorandum, #63 - Declaration of Thomas M. Kramer in Support of Defendant Navistar International Corporation's Combined Memorandum in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Cross-Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 65 DECLARATION of Curt A. Kramer regarding memorandum, #63 - Declaration of Curt A. Kramer in Support of Defendant Navistar International Corporation's Combined Memorandum in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Cross-Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 64 DECLARATION of Arthur F. Foerster regarding memorandum, #63 - Declaration of Arthur F. Foerster in Support of Defendant Navistar International Corporation's Combined Memorandum in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Cross-Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 63 MEMORANDUM motion for summary judgment #40 , motion for miscellaneous relief #57 by Navistar International Corporation - Defendant Navistar International Corporation's Combined Memorandum in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Cross-Motion for Summary Judgment (Perlman, Cary)
August 17, 2016 Opinion or Order Filing 62 SEALED DOCUMENT by Plaintiff United States of America Exhibit A to Memorandum in Support of Motion for Summary Judgment (Attachments: #1 Exhibit H)(Tashima, Keith)
August 17, 2016 Opinion or Order Filing 61 MEMORANDUM by United States of America in support of motion for summary judgment #40 (Attachments: #1 Statement of Material Facts, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I)(Tashima, Keith)
August 1, 2016 Opinion or Order Filing 60 JOINT First Amended Scheduling Order: Fact discovery shall be completed on or before 2/9/17. See Order for further details. Signed by the Honorable James B. Zagel on 8/1/2016. Mailed notice(ep, )
July 1, 2016 Opinion or Order Filing 59 MINUTE entry before the Honorable James B. Zagel: Defendant's motion for leave to file under seal #55 is granted. With regards to Defendant's cross-motion for summary judgment #57 , the Court sets the following briefing schedule: Plaintiff to file its reply in support of its own summary judgment motion and its response to Defendants cross-motion on or before 8/17/2016; Defendant to file its reply in support of its cross-motion on or before 9/14/2016. Previous ruling date of 9/1/2016 on Plaintiff's motion for summary judgment is stricken. The Court will rule on both summary judgment motions #40 and #57 on 11/17/2016 at 9:30 a.m. Motion hearing set for 7/7/2016 is stricken. Mailed notice. (mgh, )
June 30, 2016 Opinion or Order Filing 58 NOTICE of Motion by Cary R. Perlman for presentment of motion for miscellaneous relief #57 before Honorable James B. Zagel on 7/7/2016 at 09:30 AM. (Perlman, Cary)
June 30, 2016 Opinion or Order Filing 57 MOTION by Defendant Navistar International Corporation- Defendant Navistar International Corporation's Cross-Motion for Summary Judgment (Perlman, Cary)
June 30, 2016 Opinion or Order Filing 56 NOTICE of Motion by Cary R. Perlman for presentment of motion for miscellaneous relief #55 before Honorable James B. Zagel on 7/7/2016 at 09:30 AM. (Perlman, Cary)
June 30, 2016 Opinion or Order Filing 55 MOTION by Defendant Navistar Inc. - Unopposed Motion for Leave to File Under Seal (Perlman, Cary)
June 1, 2016 Opinion or Order Filing 54 MINUTE entry before the Honorable James B. Zagel: Minute entry #53 is amended as follows: Defendant's unopposed motion to modify briefing schedule #48 is granted as follows: Defendant's response shall be filed on or before 6/30/16. Plaintiff's reply shall be filed on or before 7/28/16. Ruling set for 9/1/16 at 9:30 a.m. Motion for leave to file excess pages #50 is granted. Defendant is granted leave to file up to a 30 page response brief. Respectively, Plaintiff is granted leave to file a 30 page reply brief, if necessary. Motion hearing set for 6/2/16 is stricken. Status hearing set for 8/16/16 is stricken. Mailed notice (ao,)
June 1, 2016 Opinion or Order Filing 53 MINUTE entry before the Honorable James B. Zagel: Defendant's unopposed motion to modify briefing schedule #48 is granted as follows: Defendant's response shall be filed on or before 6/30/16. Plaintiff's reply shall be filed on or before 7/28/16. Ruling set for 9/1/16 at 9:30 a.m. Motion for leave to file excess pages #50 is granted. Defendant is granted leave to file up to a 30 page response brief or cross motion for summary judgment. Respectively, Plaintiff is granted leave to file a 30 page reply brief, if necessary. Motion hearing set for 6/2/16 is stricken. Status hearing set for 8/16/16 is stricken. Mailed notice (ao,)
June 1, 2016 Opinion or Order Filing 52 RESPONSE by United States of Americain Opposition to MOTION by Defendant Navistar Inc. for leave to file excess pages - Navistar, Inc.'s Motion to Exceed Page Limit #50 (Tashima, Keith)
May 27, 2016 Opinion or Order Filing 51 NOTICE of Motion by Cary R. Perlman for presentment of motion for leave to file excess pages #50 before Honorable James B. Zagel on 6/2/2016 at 09:30 AM. (Perlman, Cary)
May 27, 2016 Opinion or Order Filing 50 MOTION by Defendant Navistar Inc. for leave to file excess pages - Navistar, Inc.'s Motion to Exceed Page Limit (Perlman, Cary)
May 27, 2016 Opinion or Order Filing 49 NOTICE of Motion by Cary R. Perlman for presentment of motion for miscellaneous relief #48 before Honorable James B. Zagel on 6/2/2016 at 09:30 AM. (Perlman, Cary)
May 27, 2016 Opinion or Order Filing 48 MOTION by Defendants Navistar Inc., Navistar International Corporation- Unopposed Motion to Modify Briefing Schedule (Perlman, Cary)
May 18, 2016 Opinion or Order Filing 47 SEALING ORDER Signed by the Honorable James B. Zagel on 5/18/2016. Mailed notice (ao,)
May 18, 2016 Opinion or Order Filing 46 MINUTE entry before the Honorable James B. Zagel: Plaintiff's unopposed motion to submit documents under seal #42 is granted. Plaintiff's motion for summary judgment on liability #40 is entered and briefed as follows: Defendant's response shall be filed on or before 6/22/16. Plaintiff's reply shall be filed on or before 7/20/16. Ruling set for 8/16/16 at 9:30 a.m. Mailed notice (ao,)
May 16, 2016 Opinion or Order Filing 45 ATTORNEY Appearance for Defendants Navistar Inc., Navistar International Corporation by Caitlin E Dahl (Dahl, Caitlin)
May 16, 2016 Opinion or Order Filing 44 MINUTE entry before the Honorable James B. Zagel: Motion for leave to appear pro hac vice #39 is granted. Mailed notice (ao,)
May 13, 2016 Opinion or Order Filing 43 NOTICE of Motion by Abigail Andre for presentment of motion to seal document, motion for relief #42 before Honorable James B. Zagel on 5/26/2016 at 09:30 AM. (Andre, Abigail)
May 13, 2016 Opinion or Order Filing 42 MOTION by Plaintiff United States of America to seal document MOTION by Plaintiff United States of America for summary judgment on liability #40 (Attachments: #1 Exhibit Memorandum)(Andre, Abigail)
May 13, 2016 Opinion or Order Filing 41 NOTICE of Motion by Abigail Andre for presentment of motion for summary judgment #40 before Honorable James B. Zagel on 5/26/2016 at 09:30 AM. (Andre, Abigail)
May 13, 2016 Opinion or Order Filing 40 MOTION by Plaintiff United States of America for summary judgment on liability (Andre, Abigail)
May 13, 2016 Opinion or Order Filing 39 MOTION by Plaintiff United States of AmericaLeave to Appear Pro Hac Vice (Andre, Abigail)
May 13, 2016 Opinion or Order Filing 38 ATTORNEY Appearance for Plaintiff United States of America by Abigail Andre (Andre, Abigail)
February 29, 2016 Opinion or Order Filing 37 STIPULATION and Order Regarding Discovery Procedure. Signed by the Honorable James B. Zagel on 2/29/2016. Mailed notice(ep, )
January 6, 2016 Opinion or Order Filing 36 ATTORNEY Appearance for Plaintiff United States of America by Sean Kevin Carman (Carman, Sean)
December 15, 2015 Opinion or Order Filing 35 AGREED Confidentiality Order. Signed by the Honorable James B. Zagel on 12/15/2015. Mailed notice(ep, )
December 1, 2015 Opinion or Order Filing 34 JOINT Scheduling Order. Signed by the Honorable James B. Zagel on 12/1/2015. Mailed notice(ep, )
December 1, 2015 Opinion or Order Filing 33 MINUTE entry before the Honorable James B. Zagel: In accordance with the parties' Joint Scheduling Order, the Court enters the following discovery schedule: amended pleadings shall be filed on or before 3/9/16. Fact discovery shall conclude on or before 8/9/16. See Order for further details. Enter Joint Scheduling Order. Hearing set for 12/2/15 is stricken and reset to 8/16/16 at 9:15 a.m. Mailed notice (ep, )
November 18, 2015 Opinion or Order Filing 32 MINUTE entry before the Honorable James B. Zagel: By agreement, the hearing set for 11/20/15 is stricken and reset to 12/2/15 at 10:30 a.m. Mailed notice (ep, )
November 17, 2015 Opinion or Order Filing 31 TRANSCRIPT OF PROCEEDINGS held on November 5, 2015 before the Honorable James B. Zagel. Court Reporter Contact Information: Kelly Fitzgerald, 312-818-6626, kelly_fitzgerald@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 12/8/2015. Redacted Transcript Deadline set for 12/18/2015. Release of Transcript Restriction set for 2/15/2016. (Fitzgerald, Kelly)
November 5, 2015 Opinion or Order Filing 30 MINUTE entry before the Honorable James B. Zagel: Status hearing held. Further hearing set for 11/20/15 at 11:30 a.m. Mailed notice (ep, )
October 29, 2015 Opinion or Order Filing 29 Proposed Scheduling Order of Defendants Navistar International Corporation and Navistar, Inc. by Navistar Inc., Navistar International Corporation (Perlman, Cary)
September 29, 2015 Opinion or Order Filing 28 MINUTE entry before the Honorable James B. Zagel: Status hearing held. Plaintiff's Motion for Leave to Appear Pro Hac Vice #27 is granted. Attorney Patrick B. Bryan is granted leave to appear on behalf of Plaintiff. Further hearing set for 11/5/15 at 12:00 p.m. The parties shall submit simultaneous scheduling orders prior to 11/5/15. Mailed notice (ep, )
September 21, 2015 Opinion or Order Filing 27 MOTION by Plaintiff United States of America Motion For Leave For Patrick B. Bryan To Appear Pro Hac Vice (Bryan, Patrick)
September 21, 2015 Opinion or Order Filing 26 ATTORNEY Appearance for Plaintiff United States of America by Patrick B. Bryan (Bryan, Patrick)
September 14, 2015 Opinion or Order Filing 25 ANSWER to amended complaint and Affirmative Defenses by Navistar International Corporation(Perlman, Cary)
September 14, 2015 Opinion or Order Filing 24 ANSWER to amended complaint and Affirmative Defenses by Navistar Inc.(Perlman, Cary)
July 31, 2015 Opinion or Order Filing 23 SEALING Order. Signed by the Honorable James B. Zagel on 7/31/2015. Mailed notice(ep, )
July 31, 2015 Opinion or Order Filing 22 MINUTE entry before the Honorable James B. Zagel: Plaintiff's Motions to Seal #5 and #18 are granted. Enter Order. Plaintiff's Motions for Leave to Appear Pro Hac Vice #15 and #16 are granted. Attorneys Deanna Chang and Keith Tashima are granted leave to appear on behalf of the United States. Hearing dates are stricken and no appearance is necessary. Status hearing set for 9/29/15 at 9:15 a.m. Mailed notice (ep, )
July 30, 2015 Opinion or Order Filing 21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Navistar Inc. (Perlman, Cary)
July 30, 2015 Opinion or Order Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Navistar International Corporation (Perlman, Cary)
July 29, 2015 Opinion or Order Filing 19 MOTION by Plaintiff United States of America to seal Document # 18 (Attachments: #1 Memorandum in Support, #2 Certificate of Service)(Chang, Deanna)
July 28, 2015 Opinion or Order Filing 18 SEALED Exhibit by Plaintiff United States of America to amended complaint #6 (Chang, Deanna) (Docket Text Modified by Clerk's Office on 7/29/2015) (mr, ).
July 28, 2015 Opinion or Order Filing 17 NOTICE of Correction regarding MOTION for Leave to Appear Pro Hac Vice #15 . (kp, )
July 28, 2015 Opinion or Order Filing 16 MOTION by Plaintiff United States for Leave to Appear Pro Hac Vice (Tashima, Keith)
July 27, 2015 Opinion or Order Filing 15 MOTION by Plaintiff United StatesMotion to Appear Pro Hac Vice (Chang, Deanna) Modified on 7/28/2015 (kp, ).
July 24, 2015 Opinion or Order Filing 14 WAIVER OF SERVICE returned executed by United States. Navistar Inc. waiver sent on 7/14/2015, answer due 9/14/2015. (Tashima, Keith)
July 24, 2015 Opinion or Order Filing 13 WAIVER OF SERVICE returned executed by United States. Navistar International Corporation waiver sent on 7/14/2015, answer due 9/14/2015. (Tashima, Keith)
July 24, 2015 Opinion or Order Filing 12 ATTORNEY Appearance for Plaintiff United States by Keith Taketo Tashima (Tashima, Keith)
July 21, 2015 Opinion or Order Filing 11 NOTICE of Correction regarding entry filed on 7/20/2015 (cc, )
July 20, 2015 Opinion or Order ENTERED IN ERROR (cc, ).
July 20, 2015 Opinion or Order Filing 10 ATTORNEY Appearance for Defendants Navistar Inc., Navistar International Corporation by Malorie R Medellin (Medellin, Malorie)
July 20, 2015 Opinion or Order Filing 9 ATTORNEY Appearance for Defendants Navistar Inc., Navistar International Corporation by Arthur F Foerster (Foerster, Arthur)
July 20, 2015 Opinion or Order Filing 8 ATTORNEY Appearance for Defendants Navistar Inc., Navistar International Corporation by Laurence Harvey Levine (Levine, Laurence)
July 20, 2015 Opinion or Order Filing 7 ATTORNEY Appearance for Defendants Navistar Inc., Navistar International Corporation by Cary R. Perlman (Perlman, Cary)
July 16, 2015 Opinion or Order Filing 6 AMENDED complaint by United States against All Defendants (Attachments: #1 Certificate of Service)(Chang, Deanna)
July 15, 2015 Opinion or Order CASE ASSIGNED to the Honorable James B. Zagel. Designated as Magistrate Judge the Honorable Susan E. Cox. (jn, )
July 14, 2015 Opinion or Order Filing 5 MOTION by Plaintiff United States to seal document sealed document #4 (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Certificate of Service)(Chang, Deanna)
July 14, 2015 Opinion or Order Filing 4 SEALED DOCUMENT by Plaintiff United States Attachment A to Complaint (Chang, Deanna)
July 14, 2015 Opinion or Order Filing 3 ATTORNEY Appearance for Plaintiff United States by Deanna J Chang (Chang, Deanna)
July 14, 2015 Opinion or Order Filing 2 CIVIL Cover Sheet (Chang, Deanna)
July 14, 2015 Opinion or Order Filing 1 COMPLAINT filed by United States; (Chang, Deanna)

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Search for this case: United States v. Navistar Inc. et al
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Intervenor: Hino Motors Manufacturing
Represented By: Britt Speyer Fleming
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Intervenor: PACCAR Inc.
Represented By: Michael D. Farber
Represented By: Andrea Lynne Hudson Campbell
Represented By: Richard Anthony Penna
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Intervenor: Mitsubishi Fuso Truck of America
Represented By: John Robert Robertson
Represented By: Kathryn Lannon
Represented By: Michael S. Pullos
Represented By: R. Latane Montague
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Intervenor: Caterpillar Inc.,
Represented By: John Michael Touhy
Represented By: Gilbert Keteltas
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Intervenor: FPT Industrial S.p.A.
Represented By: James A Shimota
Represented By: Alec Chatham Zacaroli
Represented By: Julie Ronder Domike
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Intervenor: Deere & Company
Represented By: Catherine E. James
Represented By: William Moultrie Guerry
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Intervenor: Volvo Group North America, LLC
Represented By: James A Shimota
Represented By: Alec Chatham Zacaroli
Represented By: Julie Ronder Domike
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Intervenor: Volvo Construction Equipment North America, LLC
Represented By: James A Shimota
Represented By: Alec Chatham Zacaroli
Represented By: Julie Ronder Domike
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Intervenor: CUMMINS INC.
Represented By: Byron F. Taylor
Represented By: Samuel Boxerman
Represented By: Samuel Gutter
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Intervenor: Detroit Diesel Corporation
Represented By: John Robert Robertson
Represented By: Kathryn Lannon
Represented By: Michael S. Pullos
Represented By: Justin Aaron Savage
Represented By: R. Latane Montague
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Defendant: Navistar Inc.
Represented By: Laurence Harvey Levine
Represented By: Malorie R Medellin
Represented By: Arthur F Foerster
Represented By: Caitlin E Dahl
Represented By: Cary R. Perlman
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Defendant: Navistar International Corporation
Represented By: Laurence Harvey Levine
Represented By: Malorie R Medellin
Represented By: Arthur F Foerster
Represented By: Caitlin E Dahl
Represented By: Cary R. Perlman
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Amicus curiae: Alliance of Automobile Manufacturers
Represented By: Lisa Hill Fenning
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Plaintiff: United States of America
Represented By: Abigail Andre
Represented By: Lila C Jones
Represented By: Patrick B. Bryan
Represented By: Keith Taketo Tashima
Represented By: Sean Kevin Carman
Represented By: Deanna J Chang
Represented By: Michael John Zoeller
Represented By: Peter C Krzywicki
Represented By: Richard Mark Gladstein
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