Vitoux v. Gallagher Asphalt Corporation et al
| Donald Vitous and Donald Vitoux |
| Lowe's Home Centers, LLC and Gallagher Asphalt Corporation |
| 2:2020cv00382 |
| October 23, 2020 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Theresa L Springmann |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 16
TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 12/17/2020, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Kevin Marshall. Dfts appeared by attys Pamela Paige, Michael Meyer. Initial Disclosures to be exchanged by 1/21/2021. All discovery to be completed by 6/30/2021. Maximum of 10 depositions by Plaintiff and 10 depositions combined by Defendants. Each deposition is limited to a maximum of 4 hours. Parties can agree to more by stipulation. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 4/30/2021. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 5/30/2021. The last date to seek leave of court to join additional parties and to amend the pleadings for Pltf is 5/30/2021; for Dfts is 6/30/2021. Parties anticipate the case should be ready for a jury trial by November 2021. The Court will allow any motions based on facts that may develop during discovery. Magistrate Consent forms due by 1/7/2021. All other dates/ddls to be set by presiding judge at a later time. The summary judgment deadline in FRCP 56 shall not apply.(Tape #ATT HOST.) (tc)
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Filing 15
NOTICE of Appearance by Michael J Meyer on behalf of Gallagher Asphalt Corporation (Meyer, Michael)
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Filing 14
REPORT of Rule 26(f) Planning Meeting. (Galasso, Mark)
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Filing 13
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc)
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Filing 12
ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 12/17/2020 11:15 AM in US District Court - Hammond before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Signed by Magistrate Judge Joshua P Kolar on 12/3/2020. (tc)
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Filing 11
ANSWER to Complaint by Gallagher Asphalt Corporation.(Galasso, Mark)
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Filing 10
ANSWER to Complaint by Lowe's Home Centers, LLC.(Paige, Pamela)
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Filing 9
MINUTE ORDER: The Court hereby STRIKES #7 Defendant Lowe's Home Centers, LLC's Answer and Affirmative Defenses to Plaintiff's Complaint for failure to comply with N.D. Ind. L.R. 10-1. L.R. 10-1 requires responsive pleadings to restate verbatim the paragraphs from the pleading they respond to and, immediately following each restated paragraph, to state the response to that paragraph. The Court GRANTS LEAVE for Defendant to file an answer that complies with the local rule by 11/6/2020. Approved by Magistrate Judge Joshua P Kolar on 10/30/2020. Text entry order. (tc)
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Filing 8
STATE COURT RECORD RECEIVED, State Court Case No. 45D11-2009-CT-945. (kjp)
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Filing 7
STRICKEN RE 9 MINUTE ORDER: ANSWER to Complaint by Lowe's Home Centers, LLC.(Paige, Pamela) Modified on 10/30/2020 (tc).
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Filing 6
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 10/27/2020. (tc)
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Filing 5
DEFENDANT LOW'ES HOME CENTERS, LLC'S RESPONSE TO DEFENDANT GALLAGHER ASPHALT CORPORATION'S NOTICE OF REMOVAL by Lowe's Home Centers, LLC to #1 Notice of Removal, . (Paige, Pamela)
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Filing 4
NOTICE of Appearance by Pamela A Paige on behalf of Lowe's Home Centers, LLC (Paige, Pamela)
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Judge Theresa L Springmann and Magistrate Judge Joshua P Kolar added. (NEW CASE) (rmc)
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Filing 2
NOTICE of Appearance by Mark C Galasso on behalf of Gallagher Asphalt Corporation (Galasso, Mark)
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Filing 1
NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-4379987.), filed by Gallagher Asphalt Corporation. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Summons, #3 Exhibit Exhibit C - Appearance, #4 Exhibit Exhibit D - Affidavit, #5 Exhibit Exhibit E - Affidavit, #6 Civil Cover Sheet)(Galasso, Mark)
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