Texas Hill Country Landscaping Inc. et al v. Caterpillar, Inc.
Plaintiff: Morning Star Farms, Northwest Recycling, LLC, Easterling Wood Products Inc., Texas Hill Country Landscaping Inc. d/b/a Organic Quality Products, Texas Hill Country Landscaping Inc. and Texas Hill Country Landscaping Inc. on behalf of themselves and all others similarly situated doing business as Organic Quality Products
Defendant: Caterpillar, Inc.
Case Number: 1:2020cv00227
Filed: January 13, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: Joan B Gottschall
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 22, 2022 Opinion or Order Filing 89 ORDER Signed by the Honorable Joan B. Gottschall on 6/22/2022.Mailed notice(mjc, )
June 22, 2022 Opinion or Order Filing 88 MINUTE entry before the Honorable Joan B. Gottschall: Enter order regarding the parties' stipulation #87 of dismissal. In accordance with the order, this case is dismissed with prejudice, with each party to bear its own costs. Civil case terminated. Mailed notice (mjc, )
June 21, 2022 Opinion or Order Filing 87 STIPULATION of Dismissal (Attachments: #1 Text of Proposed Order Proposed order of Dismissal)(Lichtman, Jason)
April 8, 2022 Opinion or Order Filing 86 MINUTE entry before the Honorable Joan B. Gottschall: By agreement of the parties, the scheduling order is amended as follows: Plaintiffs' expert disclosure is due on or before 8/15/2022. Defendant's expert disclosure is due on or before 10/7/2022. Plaintiffs' expert rebuttal is due on or before 12/2/2022. Expert discovery closes on 12/22/2022. Plaintiffs' motion for class certification is due on or before 1/20/2023. Defendant's opposition to class certification and any Daubert motions are due on or before 3/10/2023. Plaintiffs' reply in support of class certification and oppositions to Daubert motions are due on or before 4/10/2023. Daubert reply briefs are due on 4/28/2023. A proposed schedule for dispositive motions and trial are due 30 days after the court's ruling on plaintiffs' motion for class certification. The 4/14/2022 status report deadline is stricken. The next status report is due on or before 8/15/2022. Mailed notice (mjc, )
December 22, 2021 Opinion or Order Filing 85 MINUTE entry before the Honorable Joan B. Gottschall: By agreement of the parties, the scheduling order is amended as follows: Plaintiffs' expert disclosure is due on or before 4/14/2022. Defendant's expert disclosure is due on or before 6/8/2022. Plaintiffs' expert rebuttal is due on or before 8/2/2022. Expert discovery closes on 8/25/2022. Plaintiffs' motion for class certification is due on or before 9/14/2022. Defendant's opposition to class certification and any Daubert motions are due on or before 11/2/2022. Plaintiffs' reply in support of class certification and oppositions to Daubert motions are due on or before 12/8/2022. Daubert reply briefs are due on 12/20/2022. A proposed schedule for dispositive motions and trial are due 30 days after the court's ruling on plaintiffs' motion for class certification. The 6/3/2022 status report deadline is stricken. The next status report is due on or before 4/14/2022.Mailed notice (mjc, )
November 18, 2021 Opinion or Order Filing 84 MINUTE entry before the Honorable Joan B. Gottschall: The parties' proposed expert discovery schedule (No. #83 ) is adopted under Fed. R. Civ. P. 16(b). In addition to the deadlines proposed by the parties, the next status report is due on or before 6/3/2022. Plaintiffs' expert disclosure is due on or before 1/14/2022. Defendant's expert disclosure is due on or before 3/10/2022. Plaintiffs' expert rebuttal is due on or before 5/4/2022. Expert discovery closes on 5/27/2022. Plaintiffs' motion for class certification is due on or before 6/16/2022. Defendant's opposition to class certification and any Daubert motions are due on or before 8/4/2022. Plaintiffs' reply in support of class certification and oppositions to Daubert motions are due on or before 9/9/2022. Daubert reply briefs are due on 9/21/2022. A proposed schedule for dispositive motions and trial are due 30 days after the court's ruling on plaintiffs' motion for class certification. Mailed notice (mjc, )
November 17, 2021 Opinion or Order Filing 83 STATUS Report (Joint) by Morning Star Farms, Texas Hill Country Landscaping Inc. (Byrd, Kenneth)
October 26, 2021 Opinion or Order Filing 82 MINUTE entry before the Honorable Joan B. Gottschall: The referral to Judge Kim is withdrawn. Judge Honorable Young B. Kim no longer referred to the case. Mailed notice (mjc, )
October 12, 2021 Opinion or Order Filing 81 AMENDED Answer by Caterpillar, Inc. to Second class action amended complaint #76 --Caterpillar Amended Answer includes Amended Affirmative Defenses (Groh, Susan)
October 5, 2021 Opinion or Order Filing 80 Affirmative Defenses and ANSWER to amended complaint Second Amended Class Action Complaint by Caterpillar, Inc.(Groh, Susan)
September 22, 2021 Opinion or Order Filing 79 SECOND Amended Scheduling Order Signed by the Honorable Joan B. Gottschall on 9/22/2021. Mailed notice(mjc, )
September 22, 2021 Opinion or Order Filing 78 MINUTE entry before the Honorable Joan B. Gottschall: Enter second amended scheduling order granting the parties' joint motion (No. #77 ) to modify the scheduling order. Under the amended scheduling order, fact discovery must be completed on or before 10/1/2021. See the second amended scheduling order for additional dates and deadlines. The status report deadline of 10/15/2021 is stricken and reset to 11/17/2021. Mailed notice (mjc, )
September 22, 2021 Opinion or Order Filing 77 MOTION by Plaintiffs Morning Star Farms, Texas Hill Country Landscaping Inc. for extension of time of Amended Scheduling Order (Byrd, Kenneth)
September 21, 2021 Opinion or Order Filing 76 SECOND AMENDED complaint by Texas Hill Country Landscaping Inc., Morning Star Farms against Caterpillar, Inc. and terminating Northwest Recycling, LLC (on behalf of themselves and all others similarly situated ) (Byrd, Kenneth)
September 21, 2021 Opinion or Order Filing 75 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff Northwest Recycling, LLC ("Northwest"), has filed a stipulation (No. #74 ) of voluntary dismissal without prejudice of its claims against defendant Caterpillar, Inc. The stipulation is signed by a lawyer affiliated with the law firm that represents all plaintiffs. The Seventh Circuit has held that the proper way to drop fewer than all claims or parties is to amend the complaint, as plaintiffs previously did in this case. Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001) (other citation omitted)). Because plaintiff's stipulation is signed by counsel for all parties, the court construes it as a motion for leave to file an amended complaint and grants the motion. An amended complaint dropping Northwest must be filed on or before 9/23/2021. Mailed notice (mjc, )
September 20, 2021 Opinion or Order Filing 74 STIPULATION of Dismissal of Plaintiff Northwest Recycling, LLC without Prejudice (Byrd, Kenneth)
September 14, 2021 Opinion or Order Filing 73 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision. (mjc, )Mailed notice.
August 20, 2021 Opinion or Order Filing 72 ATTORNEY Appearance for Defendant Caterpillar, Inc. by Robert F. Redmond (Redmond, Robert)
April 5, 2021 Opinion or Order Filing 71 Affirmative Defenses and ANSWER to amended complaint with jury demand by Caterpillar, Inc.(Groh, Susan)
March 11, 2021 Opinion or Order Filing 70 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion (No. #69 ) for an extension to and including 4/5/2021 of its deadline to answer the first amended complaint (No. #8 ) is granted. Mailed notice (mjc, )
March 11, 2021 Opinion or Order Filing 69 MOTION by Defendant Caterpillar, Inc. for extension of time to file answer regarding amended complaint #8 UNOPPOSED (Groh, Susan)
March 1, 2021 Opinion or Order Filing 68 ATTORNEY Appearance for Plaintiffs Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. by Kristofer S. Riddle (Riddle, Kristofer)
March 1, 2021 Opinion or Order Filing 67 MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 3/1/2021. Mailed notice(mjc, )
March 1, 2021 Opinion or Order Filing 66 MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order denying defendant's motion (No. #40 ) to dismiss the amended complaint and to strike class allegations. Mailed notice (mjc, )
February 26, 2021 Opinion or Order Filing 65 AMENDED SCHEDULING ORDER Signed by the Honorable Joan B. Gottschall on 2/26/2021.Mailed notice(mjc, )
February 26, 2021 Opinion or Order Filing 64 MINUTE entry before the Honorable Joan B. Gottschall: Enter amended scheduling order granting the parties' joint motion (No. #62 ) to modify the scheduling order. The motion hearing noticed for 3/3/2021 is stricken. Under the amended scheduling order, fact discovery must be completed on or before 10/1/2021. See the amended scheduling order for additional dates and deadlines. The status report deadline of 4/28/2021 is stricken and reset to 10/15/2021. Mailed notice (mjc, )
February 25, 2021 Opinion or Order Filing 63 NOTICE of Motion by Kenneth Sherman Byrd for presentment of extension of time #62 before Honorable Joan B. Gottschall on 3/3/2021 at 09:30 AM. (Byrd, Kenneth)
February 25, 2021 Opinion or Order Filing 62 MOTION by Plaintiffs Easterling Wood Products Inc., Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. for extension of time of Pre-Trial Schedule (Byrd, Kenneth)
January 28, 2021 Opinion or Order Filing 61 MINUTE entry before the Honorable Joan B. Gottschall: The next status report is due on or before 4/28/2021. Mailed notice (mjc, )
January 27, 2021 Opinion or Order Filing 60 STIPULATED Order Establishing Electronic Discovery Protocol Signed by the Honorable Joan B. Gottschall on 1/27/2021. Mailed notice(mjc, )
January 27, 2021 Opinion or Order Filing 59 MINUTE entry before the Honorable Joan B. Gottschall: The parties' joint motion (No. #58 ) for entry of their revised stipulated order establishing electronic discovery protocol is granted. Enter order. Mailed notice (mjc, )
January 27, 2021 Opinion or Order Filing 58 MOTION by Plaintiffs Easterling Wood Products Inc., Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. JOINT MOTION SEEKING ENTRY OF A REVISED ORDER (Attachments: #1 Exhibit, #2 Certificate of Service)(McNulty, Shannon)
January 26, 2021 Opinion or Order Filing 57 MINUTE entry before the Honorable Joan B. Gottschall: The proposed stipulated order governing electronically stored information submitted by the parties to Proposed_Order_Gottschall@ilnd.uscourts.gov on January 22, 2021, appears to be identical to the order filed November 18, 2020 (No. #55 ). The order is rejected for two reasons. First, the string "ZZMPTAG" appears throughout the appendices (e.g., p. 11). The court has no idea what this string means or why it should be entered in an order. Second, paragraph 24 will not be entered as proposed because it allows the parties to modify the order without court approval. The court proposes the following language: "This order may be modified by the court in the interest of justice for good cause shown or by stipulation of the parties subject to court approval." Instead of resubmitting the order, the parties must follow Rule 7(b)(1) of the Federal Rules of Civil Procedure and file a motion seeking entry of any revised order. In addition, if the parties revise the order, they must send to Proposed_Order_Gottschall@ilnd.uscourts.gov a redline version of the proposed order showing the revisions made to the version submitted January 22, 2021.Mailed notice (mjc, )
January 21, 2021 Opinion or Order Filing 56 MINUTE entry before the Honorable Joan B. Gottschall: On November 18, 2020, the parties filed a 27-page proposed stipulated order (No. #55 ) concerning discovery of electronically stored information. The order was not associated with a motion. Judge Gottschall's civil procedures, available from the court's official website, require all proposed orders to be sent in Word and PDF formats to Proposed_Order_Gottschall@ilnd.uscourts.gov. The court has searched that email account but has been unable to locate a copy of the proposed order filed November 18, 2020. If the parties wish the court to enter their proposed stipulated order, they are requested to send a copy in Word and PDF formats to Proposed_Order_Gottschall@ilnd.uscourts.gov. Mailed notice (mjc, )
November 18, 2020 Opinion or Order Filing 55 [Proposed] Stipulated Order Establishing Electronic Discovery Protocol by Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. (McNulty, Shannon)
November 13, 2020 Opinion or Order Filing 54 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Catherine Humphreville's motion to appear pro hac vice #53 on behalf of the plaintiffs is granted. Mailed notice (mjc, )
November 11, 2020 Opinion or Order Filing 53 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17636073. (Humphreville, Catherine)
October 20, 2020 Opinion or Order Filing 52 AGREED Confidentiality Order Signed by the Honorable Joan B. Gottschall on 10/20/2020. Mailed notice(mjc, )
October 20, 2020 Opinion or Order Filing 51 MINUTE entry before the Honorable Joan B. Gottschall: The parties' agreed motion (No. #48 ) for entry of a confidentiality order is granted. Enter agreed confidentiality order. Mailed notice (mjc, )
October 19, 2020 Opinion or Order Filing 50 NOTICE of Correction regarding document no. #49 . (mjc, )
October 19, 2020 Opinion or Order Filing 49 DOCUMENT ENTERED IN ERROR. (mjc, )
October 19, 2020 Opinion or Order Filing 48 MOTION by Defendant Caterpillar, Inc. for protective order /confidentiality order (Agreed) (Attachments: #1 Exhibit Agreed Confidentiality Order)(Groh, Susan)
August 7, 2020 Opinion or Order Filing 47 REPLY by Defendant Caterpillar, Inc. in Support of its Motion to Dismiss and Motion to Strike Class Allegations and (Groh, Susan)
July 24, 2020 Opinion or Order Filing 46 RESPONSE by Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc.in Opposition to MOTION by Defendant Caterpillar, Inc. to dismiss and motion to strike class allegations #40 (McNulty, Shannon)
July 10, 2020 Opinion or Order Filing 45 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. (Clerk7, Docket)
June 26, 2020 Opinion or Order Filing 44 MINUTE entry before the Honorable Joan B. Gottschall: The parties' joint motion #43 to adopt their stipulated pretrial schedule is granted, including the date for the filing of a motion for class certification (September 16, 2021), although the parties are reminded that the motion should be made, and a decision rendered, as soon as practicable. See Fed. R. Civ. P. 23(c)(1)(A). Defendant's motion #40 to dismiss and to strike is briefed as follows: Response due: 7/24/20; Reply due: 8/7/20. Mailed notice (mjc, )
June 25, 2020 Opinion or Order Filing 43 MOTION by Defendant Caterpillar, Inc. Stipulated Joint Request for Pre-Trial Schedule (Groh, Susan)
June 25, 2020 Opinion or Order Filing 42 MEMORANDUM memorandum in support of motion #41 by Caterpillar, Inc. (CORRECTED) (Attachments: #1 Exhibit A, #2 Exhibit B)(Groh, Susan)
June 24, 2020 Opinion or Order Filing 41 MEMORANDUM by Caterpillar, Inc. in support of motion to dismiss #40 and motion to strike class allegations (Attachments: #1 Exhibit A, #2 Exhibit B)(Groh, Susan)
June 24, 2020 Opinion or Order Filing 40 MOTION by Defendant Caterpillar, Inc. to dismiss and motion to strike class allegations (Groh, Susan)
June 24, 2020 Opinion or Order Filing 39 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion #38 to extend its deadline to answer the First Amended Complaint #8 is granted. Defendant shall answer the First Amended Complaint no later than 14 days after the court rules on defendant's forthcoming motion under Fed. R. Civ. P. 12.Mailed notice (mjc, )
June 23, 2020 Opinion or Order Filing 38 MOTION by Defendant Caterpillar, Inc. to stay time to answer (unopposed) (Groh, Susan)
June 15, 2020 Opinion or Order Filing 37 MINUTE entry before the Honorable Joan B. Gottschall: The parties' joint motion #36 for leave to exceed page limit for briefing of defendant's Rule 12 motion is granted. Neither defendant's memorandum of law in support of its anticipated Rule 12 motion nor plaintiffs' response each may exceed 30 pages exclusive of the table contents, table of authorities, and certificate of service. The parties are encouraged to be as concise as possible. Mailed notice (mjc, )
June 12, 2020 Opinion or Order Filing 36 MOTION by Defendant Caterpillar, Inc. for leave to file excess pages Joint Motion for Leave to Exceed Page Limit for Briefing of Defendant's Rule 12 Motion (Groh, Susan)
May 26, 2020 Opinion or Order Filing 35 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. (docket9, )
May 18, 2020 Opinion or Order Filing 34 STATUS Report (Joint) by Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. (Byrd, Kenneth)
April 30, 2020 Opinion or Order Filing 33 MINUTE entry before the Honorable Joan B. Gottschall: Per paragraph three of Third Amended General Order No. 20-12 ("general order"), the status hearing set in this case for 5/6/2020 has been stricken. In accordance with paragraph five of the general order, a status report is due on or before 5/18/2020. The parties are advised to consult Judge Gottschall's page on the court's website (www.ilnd.uscourts.gov) for guidance on the contents of the status report. Mailed notice (mjc, )
April 24, 2020 Opinion or Order Filing 32 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. (docket8, )
March 30, 2020 Opinion or Order Filing 31 ORDER CORRECTED ENTRY: 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...Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020:Mailed notice(docket7, )
March 23, 2020 Opinion or Order Filing 30 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 3/23/2020: Mailed notice. (docket7, )
March 17, 2020 Opinion or Order Filing 28 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Daniel E. Serna's motion to appear pro hac vice #27 on behalf of the plaintiffs is granted. Mailed notice (mjc, )
March 16, 2020 Opinion or Order Filing 29 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. (ecw, )
March 16, 2020 Opinion or Order Filing 27 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16831325. (SERNA, DANIEL)
March 9, 2020 Opinion or Order Filing 26 MINUTE entry before the Honorable Joan B. Gottschall: The parties' stipulated joint motion to reset status hearing #23 is granted. The motion and status hearings set for 3/13/2020 are stricken; no appearance required. A status hearing is set for 5/6/2020 at 9:30 a.m. If the parties agree that a referral to a magistrate judge for assistance with their settlement efforts would be helpful, they should advise the courtroom deputy at (312) 435-5641. Mailed notice (mjc, )
March 9, 2020 Opinion or Order Filing 25 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Andrew Gann's motion for leave to appear pro hac vice #22 on behalf of the defendant is granted. Mailed notice (mjc, )
March 6, 2020 Opinion or Order Filing 24 NOTICE of Motion by Shannon Marie McNulty for presentment of motion to reset #23 before Honorable Joan B. Gottschall on 3/13/2020 at 09:30 AM. (McNulty, Shannon)
March 6, 2020 Opinion or Order Filing 23 MOTION by Plaintiffs Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. to reset Stipulated Joint Motion to Reset the Status Hearing (McNulty, Shannon)
March 6, 2020 Opinion or Order Filing 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16803742. (Gann, Andrew)
March 6, 2020 Opinion or Order Filing 21 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Diane Flannery's motion to appear pro hac vice #20 on behalf of the defendant is granted. Mailed notice (mjc, )
March 5, 2020 Opinion or Order Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16797688. (Flannery, Diane)
March 4, 2020 Opinion or Order Filing 19 ATTORNEY Appearance for Defendant Caterpillar, Inc. by Susan E. Groh (Groh, Susan)
February 24, 2020 Opinion or Order Filing 18 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Enrique Gerardo Serna's application to appear pro hac vice #17 on behalf of the plaintiffs is granted. Mailed notice (mjc, )
February 21, 2020 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16749939. (Serna, Enrique)
February 19, 2020 Opinion or Order Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Jon Todd Powell's application to appear pro hac vice #12 on behalf of the plaintiffs is granted. Attorney John Johnson's application to appear pro hac vice #13 on behalf of the plaintiffs is granted. Mailed notice (mjc, )
February 19, 2020 Opinion or Order Filing 15 MINUTE entry before the Honorable Joan B. Gottschall: In their status report filed 2/14/2020 #14 , plaintiffs agree that Easterling Wood Products, Inc, was dropped as a party upon the filing of the amended complaint on 2/5/2020. The clerk is directed to update the docket sheet accordingly. Mailed notice (mjc, )
February 14, 2020 Opinion or Order Filing 14 RESPONSE by Plaintiffs Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. to text entry,,,,, #11 (McNulty, Shannon)
February 14, 2020 Opinion or Order Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16729196. (POWELL, JON)
February 14, 2020 Opinion or Order Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16729181. (POWELL, JON)
February 10, 2020 Opinion or Order Filing 11 MINUTE entry before the Honorable Joan B. Gottschall: On 2/5/2020, plaintiffs exercised their right to amend their complaint once as a matter of course. The first amended complaint #8 dropped Easterling Wood Products Inc. ("Easterling") as a plaintiff. Two days later, Easterling filed a notice of voluntary dismissal of its claims without prejudice #9 , citing Fed. R. Civ. P. 41(a)(a)(A)(ii). Why Easterling believed it needed to take that step after the filing of the amended complaint is not clear to this court. Because plaintiffs have pleaded this case as a potential class action, their right to voluntary dismissal without a court order under Fed. R. Civ. P. 41(a)(1) is circumscribed by the rule governing dismissal of class actions, Fed. R. Civ. P. 23(e). Additionally, some courts have held that dropping a party plaintiff requires a court order in accordance with Fed. R. Civ. P. 21. See generally 6A Wright & Miller, Federal Practice & Procedure 1479 (West 2020); Rollins Burdick Hunter of Wisconsin, Inc. v. Lemberger, 105 F.R.D. 631, 63638 (E.D. Wis. 1985). Rather than introduce delay on what may be an academic procedural question, the parties are given until 2/14/2020 to tell the court any reason why Easterling should not be deemed to have been dropped as a party plaintiff as of 2/5/2020, the date on which the amended complaint was filed. Mailed notice (vcf, )
February 7, 2020 Opinion or Order Filing 10 ATTORNEY Appearance for Plaintiffs Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. by Sean Petterson (Petterson, Sean)
February 7, 2020 Opinion or Order Filing 9 NOTICE of Voluntary Dismissal by Easterling Wood Products Inc. (McNulty, Shannon)
February 5, 2020 Opinion or Order Filing 8 First AMENDED complaint by Texas Hill Country Landscaping Inc., Northwest Recycling, LLC, Morning Star Farms, Easterling Wood Products Inc. against Caterpillar, Inc. (McNulty, Shannon)
January 15, 2020 Opinion or Order Filing 7 ATTORNEY Appearance for Plaintiffs Easterling Wood Products Inc., Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. by Kenneth Sherman Byrd (Byrd, Kenneth)
January 15, 2020 Opinion or Order Filing 6 ATTORNEY Appearance for Plaintiffs Easterling Wood Products Inc., Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. by Jason Louis Lichtman (Lichtman, Jason)
January 14, 2020 Opinion or Order Filing 5 ORDER: Status hearing set for 3/13/2020 at 9:30 AM in Courtroom 2325. If, by the date of the scheduled status hearing, defendant has not been served, plaintiff should call the courtroom deputy (312-435-5641) to request a new status date. No status hearing should be held until all defendants have been served. Plaintiff is directed to advise the defendants of the status hearing forthwith. Pursuant to LR 5.2(f), a stapled and/or bound paper copy of all electronically filed pleadings, including the complaint, must be delivered to the Judge's Deputy Clerk, Room (2332-A) within one business day of filing. Noncompliance with LR 5.2(f) will result in the imposition of a $200.00 fine payable to the Clerk of the Court, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604. Parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 1/14/2020. Mailed notice(mjc, )
January 13, 2020 Opinion or Order Filing 4 ATTORNEY Appearance for Plaintiffs Easterling Wood Products Inc., Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. d/b/a Organic Quality Products by Robert A. Clifford (Clifford, Robert)
January 13, 2020 Opinion or Order Filing 3 ATTORNEY Appearance for Plaintiffs Easterling Wood Products Inc., Morning Star Farms, Northwest Recycling, LLC, Texas Hill Country Landscaping Inc. d/b/a Organic Quality Products by Shannon Marie McNulty (McNulty, Shannon)
January 13, 2020 Opinion or Order Filing 2 CIVIL Cover Sheet (McNulty, Shannon)
January 13, 2020 Opinion or Order Filing 1 COMPLAINT filed by Texas Hill Country Landscaping Inc. d/b/a Organic Quality Products, Northwest Recycling, LLC, Morning Star Farms, Easterling Wood Products Inc. ; Jury Demand. Filing fee $ 400, receipt number 0752-16609162.(McNulty, Shannon)
January 13, 2020 Opinion or Order CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (txl, )

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Search for this case: Texas Hill Country Landscaping Inc. et al v. Caterpillar, Inc.
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Plaintiff: Morning Star Farms
Represented By: Shannon Marie McNulty
Represented By: Robert A. Clifford
Represented By: JON TODD POWELL
Represented By: Sean Petterson
Represented By: Enrique Gerardo Serna
Represented By: JOHN PATTERSON JOHNSON
Represented By: DANIEL EUGENIO SERNA
Represented By: Catherine Peyton Humphreville
Represented By: Kristofer S. Riddle
Represented By: Kenneth Sherman Byrd
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Plaintiff: Northwest Recycling, LLC
Represented By: Shannon Marie McNulty
Represented By: Robert A. Clifford
Represented By: JON TODD POWELL
Represented By: Sean Petterson
Represented By: Kenneth Sherman Byrd
Represented By: Enrique Gerardo Serna
Represented By: JOHN PATTERSON JOHNSON
Represented By: Jason Louis Lichtman
Represented By: DANIEL EUGENIO SERNA
Represented By: Catherine Peyton Humphreville
Represented By: Kristofer S. Riddle
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Plaintiff: Easterling Wood Products Inc.
Represented By: Shannon Marie McNulty
Represented By: Robert A. Clifford
Represented By: JON TODD POWELL
Represented By: Kenneth Sherman Byrd
Represented By: Enrique Gerardo Serna
Represented By: JOHN PATTERSON JOHNSON
Represented By: Jason Louis Lichtman
Represented By: Catherine Peyton Humphreville
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Plaintiff: Texas Hill Country Landscaping Inc. d/b/a Organic Quality Products
Represented By: Shannon Marie McNulty
Represented By: Robert A. Clifford
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Plaintiff: Texas Hill Country Landscaping Inc.
Represented By: Robert A. Clifford
Represented By: JON TODD POWELL
Represented By: Sean Petterson
Represented By: Shannon Marie McNulty
Represented By: Kenneth Sherman Byrd
Represented By: Enrique Gerardo Serna
Represented By: JOHN PATTERSON JOHNSON
Represented By: Jason Louis Lichtman
Represented By: DANIEL EUGENIO SERNA
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Plaintiff: Texas Hill Country Landscaping Inc. on behalf of themselves and all others similarly situated doing business as Organic Quality Products
Represented By: Robert A. Clifford
Represented By: JON TODD POWELL
Represented By: Sean Petterson
Represented By: Shannon Marie McNulty
Represented By: Kenneth Sherman Byrd
Represented By: Enrique Gerardo Serna
Represented By: JOHN PATTERSON JOHNSON
Represented By: Jason Louis Lichtman
Represented By: DANIEL EUGENIO SERNA
Represented By: Catherine Peyton Humphreville
Represented By: Kristofer S. Riddle
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Defendant: Caterpillar, Inc.
Represented By: Diane Pulley Flannery
Represented By: Andrew Gann
Represented By: Susan E. Groh
Represented By: Robert F. Redmond
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