Benitez v. Wiese Companies Inc et al
| Jesus Benitez |
| Mitsubishi Caterpillar Forklift America Inc, Wiese Planning & Engineering Inc, Caterpillar Inc, Dean Foods Company of Indiana LLC doing business as Dean Foods, Cat Lift Trucks Wiese Material Handling, Mitsubishi Heavy Industries Ltd, Wiese Companies Inc, Land-O-Sun Dairies LLC doing business as Dean Foods and Wiese Material Handling |
| John W Whiteleather, Jr |
| 1:2008cv00310 |
| December 23, 2008 |
| US District Court for the Northern District of Indiana |
| Personal Inj. Prod. Liability Office |
| Allen |
| Roger B Cosbey |
| James T Moody |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 19, 2010. A more recent docket listing may be available from PACER.
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CASE DISMISSED pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (efc)
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Filing 67
STIPULATION to Dismiss by Defendants Wiese Planning & Engineering Inc, Wiese Material Handling, Wiese Companies Inc. (Fleming, Joshua)
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Filing 66
ORDER re #65 Report of Mediation filed by John W Whiteleather, Jr. Clerk DIRECTED to ENTER JUDGMENT OF DISMISSAL with prejudice 90 days after this order is docketed, if the case is not otherwise terminated before then. Each party shall bear his/its own costs, unless otherwise provided in the settlement documents. Court DENIES AS MOOT any and all pending motions and CANCELS any and all settings. Cnsl are reminded that if trial witnesses have been subpoenaed, cnsl must notify all witnesses that they are not to appear. Signed by Senior Judge James T Moody on 4/20/2010. (lns)
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Filing 65
FINAL REPORT of Mediation by John W Whiteleather, Jr; final settlement reached.(lns)
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Filing 64
NOTICE by Wiese Companies Inc, Wiese Material Handling, Wiese Planning & Engineering Inc of Case Resolution at Private Mediation (Schiferl, Kevin)
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Filing 63
ORDER for Magistrate Judge Roger B Cosbey, GRANTING #62 ; the Joint Motion for Extension of Time to Complete Discovery and the parties are granted to and including 5/15/2010 to complete discovery. So Ordered. (lrm)
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Filing 62
MOTION for Extension of Time to Complete Discovery by Plaintiff Jesus Benitez. (Boughter, Robert)
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Filing 61
NOTICE. 60 Bright line notice is VACATED given #58 Cse Mgt Deadline Enlargement. (cv)
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Filing 60
NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Roger B Cosbey is now terminated. All further matters will now be handled by Senior Judge James T Moody unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (cv)
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Filing 59
Letter from Mediator John Whiteleather Jr advising Court of mediation scheduled for 4/9/10. (lns)
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Filing 58
ORDER GRANTING #57 Joint Motion for Enlargement of Case Management Deadlines. Defendant's ddl to disclose experts is 1/15/2010. Rule 26(e)(2) supplemental or rebuttal disclosures are due 2/15/2010. Discovery deadline is 3/30/2010. Daubert motions to be filed by 5/28/2010. Signed by Magistrate Judge Roger B Cosbey on 11/16/2009. (lns)
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Filing 57
Joint MOTION Enlargement of Case Management Deadlines by Defendants Wiese Material Handling, Mitsubishi Heavy Industries Ltd, Wiese Companies Inc, Wiese Planning & Engineering Inc, Mitsubishi Caterpillar Forklift America Inc, Plaintiff Jesus Benitez. (Fleming, Joshua)
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Filing 56
ORDER: Based on the Notice #55 , the #51 Motion to Compel is deemed MOOT and WITHDRAWN, and the hearing set for October 16, 2009 is VACATED AND CANCELLED. So ORDERED. Cosbey, Magistrate Judge. Motions terminated: #51 Emergency MOTION to Compel Documents and Records from Land-O-Sun Dairies, LLC d/b/a Dean Foods filed by Wiese Material Handling, Wiese Planning & Engineering Inc, Wiese Companies Inc.(cv)
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Filing 55
NOTICE by Wiese Material Handling, Wiese Companies Inc, Wiese Planning & Engineering Inc re #51 Emergency MOTION to Compel Documents and Records from Land-O-Sun Dairies, LLC d/b/a Dean Foods Withdrawal of Motion to Compel (Fleming, Joshua)
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Filing 54
NOTICE AND ORDER Setting Hearing on Motion #51 Emergency MOTION to Compel Documents and Records from Land-O-Sun Dairies, LLC d/b/a Dean Foods : Motion Hearing set for 10/16/2009 09:30 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Counsel for Wiese Companies Inc, Wiese Planning & Engineering Inc and Wiese Material Handling is directed to effectuate svc of this Order on Land-O-Sun Dairies LLC on/bf 10/12/09 and make due return thereof. Signed by Magistrate Judge Roger B Cosbey on 10/9/2009. (lns)
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Filing 53
HEARING held on 10/9/2009 before Magistrate Judge Roger B Cosbey. Dft appeared by atty J Fleming. Atty Fleming to SUBMIT Proposed Order for Service upon Dft Land O Sun Dairies LLC d/b/a Dean Foods. Motion Hearing on #51 Emergency Motion to Compel is set for 10/16/2009 09:30 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey.) (Tape #147.) (cv)
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Filing 52
NOTICE OF TELEPHONIC HEARING on Unopposed Emergency Motion to Compel Documents and Records from Land-O-Sun Diaries [sic] LLC d/b/a Dean Foods set for 10/9/2009 11:15 AM before Magistrate Judge Roger B Cosbey. Attorney J. Fleming to advise all Counsel of the Hearing, and initiate the call to all Counsel and the Court. (cv)
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Filing 51
WITHDRAWN PURSUANT TO 10/15/09 ORDER [DE#56] Emergency MOTION to Compel Documents and Records from Land-O-Sun Dairies, LLC d/b/a Dean Foods by Defendants Wiese Material Handling, Wiese Companies Inc, Wiese Planning & Engineering Inc. (Attachments: #1 Exhibit A - Request for Production of Documents and Records to a Non-Party, #2 Exhibit B - Authorization signed by Plaintiff)(Fleming, Joshua) (Additional attachment(s) added on 10/15/2009: #3 MAIN DOCUMENT) (cv). Modified on 10/15/2009 (cv).
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Filing 50
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Roger B Cosbey on 9/17/2009. (lns)
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Filing 49
ORDER GRANTING #48 Motion for Protective Order by Defendant Mitsubishi Caterpillar Forklift America Inc Signed by Magistrate Judge Roger B Cosbey on 9/17/2009. (lns)
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Filing 48
MOTION for Protective Order by Defendant Mitsubishi Caterpillar Forklift America Inc. (Fresard, Fred)
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Filing 47
OPINION AND ORDER DENYING #46 MOTION (Joint) for Protective Order Concerning Documents Produced by Defendants by Defendant Mitsubishi Caterpillar Forklift America Inc. Signed by Magistrate Judge Roger B Cosbey on 9/9/09. (cer)
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Filing 46
Joint MOTION for Protective Order Concerning Documents Produced by Defendants by Defendant Mitsubishi Caterpillar Forklift America Inc. (Attachments: # 1 Exhibit A - Stipulated Protective Order Concerning Confidential Documents Produced by Defendants).(Fresard, Fred). Modified on 9/9/2009 by deleting proposed form of Order and advising counsel to e-mail in WP format to appropriate Judge's Chambers. (cer).
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Filing 45
ANSWER to #36 Amended Complaint by Mitsubishi Caterpillar Forklift America Inc.(Fresard, Fred)
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Filing 44
ORDER GRANTING #43 Motion to Extend Expert Disclosure Deadlines by Pla Jesus Benitez. Pla's expert disclosures are due 10/31/2009. Dft's expert disclosures are due 11/30/2009. Signed by Magistrate Judge Roger B Cosbey on 7/31/2009. (lns)
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Filing 43
MOTION for Extension of Time to Complete Discovery (Expert Disclosure Deadline) by Plaintiff Jesus Benitez. (Attachments: #1 Exhibit "A")(Boughter, Robert)
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Filing 42
ANSWER to #36 Amended Complaint Second by Wiese Material Handling, Wiese Companies Inc, Wiese Planning & Engineering Inc.(Fleming, Joshua)
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Filing 41
ORDER: All defendants having consented to the filing of the Plantiff's Amended Complaint #36 the Court grants leave for the filing and cancels the July 21, 2009 hearing. Cosbey, Magistrate Judge. (wsy)
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Filing 40
NOTICE by Mitsubishi Caterpillar Forklift America Inc re #37 Order, Set Hearings,, (Fresard, Fred)
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Filing 39
NOTICE by Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling Consent to Leave for Filing of Plaintiff's Second Amended Complaint (Fleming, Joshua)
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Filing 38
OPINION AND ORDER DENYING approval of the proposed stipulated protective order submitted by the parties. Signed by Magistrate Judge Roger B Cosbey on 7/1/2009. (lns)
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Filing 37
ORDER re #36 Amended Complaint filed by Jesus Benitez. Hearing set for 7/21/2009 at 11:00 AM at US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey to determine whether leave to amend should be granted. In the event all Dfts consent to the proposed amended complaint, the Court will grant Pla leave to amend and cancel the hearing. Signed by Magistrate Judge Roger B Cosbey on 6/30/2009. (lns)
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Filing 36
AMENDED COMPLAINT (Second) against all defendants, filed by Jesus Benitez.(Boughter, Robert)
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Filing 35
ORDER granting #34 Motion to Withdraw as Attorney. Attorney Andrea R Trevino withdrawn. Cosbey, Magistrate Judge. (wsy)
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Filing 34
MOTION to Withdraw as Attorney Andrea Trevino by Defendants Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling. (Trevino, Andrea)
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Filing 33
ANSWER to #26 Amended Complaint and Affirmative and Additional Defenses by Caterpillar Inc.(Fresard, Fred)
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Filing 32
Corporate Disclosure Statement by Mitsubishi Caterpillar Forklift America Inc. (Fresard, Fred)
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Filing 31
ANSWER to #26 Amended Complaint and Affirmative and Additional Defenses by Mitsubishi Caterpillar Forklift America Inc.(Fresard, Fred)
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Filing 30
ANSWER to #26 Amended Complaint by Wiese Companies Inc, Cat Lift Trucks Wiese Material Handling.(Trevino, Andrea)
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Filing 29
Summons Issued as to Mitsubishi Caterpillar Forklift America Inc. (cer)
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Filing 28
ORDER GRANTING #27 STIPULATION for Substitution of Counsel by Defendant Caterpillar Inc. The law firm of Bowman and Brooke LLP is substituted as counsel for Defendant Caterpillar Inc in place of Attorney Steven P Sanders PHV of Williams Venker & Sanders LLC. Signed by Magistrate Judge Roger B Cosbey on 3/5/09. (cer)
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CASE DISMISSED pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure as to Dean Foods Company of Indiana LLC and Land-O-Sun Dairies LLC pursuant to #24 Notice of Voluntary Dismissal. (lns)
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Filing 27
STIPULATION for Substitution of Counsel by Defendant Caterpillar Inc. (Fresard, Fred)
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Filing 26
AMENDED COMPLAINT against all defendants, filed by Jesus Benitez.(Delventhal, Chad)
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Filing 25
RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 2/2/2009 before Magistrate Judge Roger B Cosbey. Plaintiff appeared by C Delventhal. Defendant appeared by J Fleming, J Cohen, P Petruska, M Langford. The Report #21 is approved except for the establishment of a dispositive motion deadline and a trial date. At the close of discovery, and unless otherwise ordered, the presiding judge will establish all further deadlines and dates. John Whiteleather appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. Mr. Cohen to advise the mediator of his selection by letter with a copy to all other counsel. Discovery deadline is 1/31/2010. Magistrate Consent forms due by 2/25/2009. #2 MOTION to Protect and Preserve Evidence filed by Land-O-Sun Dairies LLC, Wiese Planning & Engineering Inc, Jesus Benitez, Caterpillar Inc, Dean Foods Company of Indiana LLC is withdrawn and terminated. (Tape #136.) (wsy)
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Filing 24
MOTION to Dismiss Land-O-Sun Dairies, LLC by Plaintiff Jesus Benitez. (Delventhal, Chad)
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Filing 23
Corporate Disclosure Statement by Caterpillar Inc. (Cohen, H)
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Filing 22
NOTICE of Appearance by H Joseph Cohen on behalf of Caterpillar Inc (Cohen, H)
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Filing 21
REPORT of Rule 26(f) Planning Meeting. (Delventhal, Chad)
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Filing 20
ORDER granting 19 Application to Appear Pro Hac Vice of Attorney David J Gentile PHV for Caterpillar Inc. Signed by Magistrate Judge Roger B Cosbey on 1/21/2009. (lns)
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Filing 19
APPLICATION for Attorney David J Gentile to Appear Pro Hac Vice on behalf of Deft Caterpillar Inc; Receipt #156905. (lns)
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Filing 18
NOTICE of Appearance by Chad Edward Delventhal on behalf of Jesus Benitez (Delventhal, Chad)
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Filing 17
NOTICE of Appearance by Robert J Boughter on behalf of Jesus Benitez (Boughter, Robert)
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Filing 16
NOTICE of Change of Address by Joshua B Fleming and Change of Firm Name and Email Address (Fleming, Joshua)
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Filing 15
NOTICE of Change of Address by Kevin C Schiferl and Change of Firm Name and Email Address (Schiferl, Kevin)
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Filing 14
Corporate Disclosure Statement by Cat Lift Trucks Wiese Material Handling. (Fleming, Joshua)
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Filing 13
Corporate Disclosure Statement by Wiese Planning & Engineering Inc. (Fleming, Joshua)
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Filing 12
Corporate Disclosure Statement by Wiese Companies Inc. (Fleming, Joshua)
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Filing 11
ANSWER to #1 Complaint, by Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling.(Fleming, Joshua)
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Filing 10
MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (wsy)
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Filing 9
NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 2/2/2009 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. (wsy)
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Filing 8
AFFIDAVIT of Service of Notice to all adverse parties and to the State Court Clerk, filed by Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling. (lns)
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Filing 7
NOTICE of Appearance by Andrea R Dick on behalf of Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling. (lns)
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Filing 6
NOTICE OF REMOVAL by Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling from Allen Superior Court, case number 02D01-0811-CT-460. (Filing fee $ 350), filed by Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling. (Attachments: #(1) Civil Cover Sheet)(lns)
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Filing 5
NOTICE of Appearance by Kevin C Schiferl on behalf of Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling (Schiferl, Kevin)
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Filing 4
NOTICE of Appearance by Joshua B Fleming on behalf of Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling (Fleming, Joshua)
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Filing 2
(WITHDRAWN by D.E. #25) JOINT MOTION to Protect and Preserve Evidence filed by Defendants Caterpillar Inc, Land-O-Sun Dairies LLC, Dean Foods Company of Indiana LLC, Wiese Planning & Engineering Inc, Plaintiff Jesus Benitez in Allen Superior Court, case number 02D01-0811-CT-460. (lns) Modified on 2/2/2009: Motion withdrawn per reasons stated on the record...see 2/2/09 minute entry. (wsy (wsy). Modified on 2/24/2009 (wsy).
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Filing 3
ANSWER AND AFFIRMATIVE DEFENSES to #1 Complaint filed by Caterpillar Inc in Allen Superior Court, case number 02D01-0811-CT-460.(lns)
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Filing 1
COMPLAINT with Jury Demand against Caterpillar Inc, Land-O-Sun Dairies LLC, Dean Foods Company of Indiana LLC, Wiese Companies Inc, Wiese Planning & Engineering Inc, Cat Lift Trucks Wiese Material Handling, filed by Jesus Benitez in Allen Superior Court, case number 02D01-0811-CT-460.(lns)
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