Barnes v. Caterpillar Inc
| DARIN BARNES |
| CATERPILLAR LLC and Caterpillar Inc |
| 4:2021cv00049 |
| August 2, 2021 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| James T Moody |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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Filing 42
Pursuant to * #40 Bill of Costs filed by Caterpillar Inc *, Costs are hereby taxed in the amount of $ *2,202.49* against *Darin Barnes*. (rmc)
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Filing 41
Pursuant to * #40 Bill of Costs filed by Caterpillar Inc *, costs in the amount of $ *2,202.49* will be taxed by the Clerk on *10/18/2023*. (rmc)
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Filing 40
BILL OF COSTS by Caterpillar Inc. (Smentek, Sharilee)
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Filing 39
CLERK'S ENTRY OF JUDGMENT. (nhc)
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Filing 38
OPINION AND ORDER: Defendant's motion for summary judgment #26 is GRANTED. The court directs the Clerk to ENTER FINAL JUDGMENT stating: Judgment is entered in favor of defendant Caterpillar, Inc., and against plaintiff Darin Barnes, who shall take nothing by way of the complaint. Signed by Senior Judge James T Moody on 9/19/23. (nhc)
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Filing 37
MEMORANDUM in Support of #26 MOTION for Summary Judgment (Defendants Reply Memorandum in Support of its Motion for Summary Judgment) filed by Caterpillar Inc. (Smentek, Sharilee)
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Filing 36
REPLY to Response to Motion re #26 MOTION for Summary Judgment (Defendants Reply to Plaintiffs Statement of Additional Material Facts) filed by Caterpillar Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Smentek, Sharilee)
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Filing 35
MINUTE ORDER (text entry only) granting #34 Motion to Extend Deadline filed by Defendant Caterpillar; Defendant's Reply in Support of Motion for Summary Judgment to be filed by 2/10/2023. Approved by Senior Judge James T Moody on 1/25/23. (efc)
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Filing 34
MOTION for Extension of Time to File Response/Reply In Support of Motion for Summary Judgment by Defendant Caterpillar Inc. (Smentek PHV, Sharilee)
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Filing 33
MINUTE ORDER (text entry only) granting #32 Unopposed Motion to Extend Deadline filed by defendant Caterpillar, Inc; Defendant's Reply in Support of its Motion for Summary Judgment to be filed by 1/27/2023. Approved by Senior Judge James T Moody on 1/05/23. (efc)
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Filing 32
MOTION for Extension of Time to File Response/Reply (Unopposed) In Support Of Motion For Summary Judgment by Defendant Caterpillar Inc. (Smentek PHV, Sharilee)
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Filing 31
STATEMENT OF UNDISPUTED MATERIAL FACTS filed by Caterpillar Inc. (Smentek PHV, Sharilee)
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Filing 30
RESPONSE to Motion re #26 MOTION for Summary Judgment in Opposition to Defendant's Motion for Summary Judgment filed by Darin Barnes. (Sullivan, Ryan)
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Filing 29
RESPONSE to Motion re #26 MOTION for Summary Judgment to Defendant's Statement of Material Facts filed by Darin Barnes. (Attachments: #1 Exhibit 1 - Defendants Exhibit 1: Barnes Deposition Transcript and Associated Exhibits, #2 Exhibit 2 Darin Barnes Deposition Transcript, #3 Exhibit 3 Gary Lawsons Notice of Disciplinary Action, #4 Exhibit 4 Darin Barnes November 25, 2020, Notice of Disciplinary Action, #5 Exhibit 5 Defendants Exhibit 2 Declaration of Jesse Kelly, #6 Exhibit 6 Defendants Exhibit 3: Declaration of Denise Wills, #7 Exhibit 7 Defendants Objections and Responses to Plaintiffs First Set of Interrogatories and First Request for Production of Documents, #8 Exhibit 8 Darin Barnes Affidavit)(Sullivan, Ryan)
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Filing 28
MEMORANDUM in Support of #26 MOTION for Summary Judgment filed by Caterpillar Inc. (Smentek PHV, Sharilee)
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Filing 27
STATEMENT OF UNDISPUTED MATERIAL FACTS filed by Caterpillar Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Smentek PHV, Sharilee) Modified on 1/4/2023 to add text and restrict main document (ksp). (Note: Statement of Undisputed Material Facts to be refiled with redacted DOB information)
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Filing 26
MOTION for Summary Judgment by Defendant Caterpillar Inc. (Smentek PHV, Sharilee)
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Magistrate Judge Joshua P Kolar no longer assigned to case. (tc)
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Filing 25
SETTLEMENT CONFERENCE held via Zoom on 11/2/2022, before Magistrate Judge Joshua P Kolar. Pla appeared w/atty Ryan Sullivan. Dft appeared by atty Katherine Mendez. Settlement not reached. Defendant's settlement offer open until Monday, November 7, 2022. (tc)
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Filing 24
MINUTE ORDER: Settlement Conference set for 11/2/2022 12:00 PM (Central time) via Zoom before Magistrate Judge Joshua P Kolar. Approved by Magistrate Judge Joshua P Kolar on 10/14/2022. Text entry order. (tc)
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Filing 23
SETTLEMENT CONFERENCE held via Zoom on 10/11/2022, before Magistrate Judge Joshua P Kolar. Pla appeared w/atty Ryan Sullivan. Dft appeared by atty Katherine Mendez w/in-house counsel Darcy Gibson. Settlement not reached. Zoom settlement to continue with additional defense representatives; to be set by separate order. (tc)
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Filing 22
ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 10/11/2022 11:30 AM (Central time) via Zoom before Magistrate Judge Joshua P Kolar. At least 5 days in advance of the conference, each party shall provide the court with a brief Confidential Settlement Memorandum in pdf format to Kolar_Chambers@innd.uscourts.gov. Signed by Magistrate Judge Joshua P Kolar on 9/22/2022. (tc)
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Filing 21
TELEPHONIC STATUS CONFERENCE held on 9/22/2022, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Ryan Sullivan. Dft appeared by atty Sharilee Smentek. Settlement conference to be held via Zoom on 10/11/2022. Written order to follow. (tc)
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Filing 20
ORDER: Telephonic Status Conference set for 9/22/2022 10:30 AM (Central time) before Magistrate Judge Joshua P Kolar for the purpose of scheduling a settlement conference. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. By Magistrate Judge Joshua P Kolar on 9/6/2022. Text entry order. (tc)
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Joshua P Kolar for purposes of holding a settlement conference. Dispositive motions must be filed no later than 12/2/2022; this deadline shall not be stayed pendingsettlement negotiations. Signed by Senior Judge James T Moody on 9/2/2022. (shk)
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Filing 18
NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Joshua P Kolar 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. (tc)
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Filing 17
ORDER: Finding good cause shown and noting the parties' agreement, the Court GRANTS IN PART #16 Joint Motion to Amend Scheduling Order. Discovery to be completed by 8/26/2022. Dispositive motion deadline to be set at a later date by the presiding judge. Approved by Magistrate Judge Joshua P Kolar on 6/22/2022. Text entry order. (tc)
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Filing 16
Joint MOTION to Amend/Correct 15 Rule 16 Preliminary Pretrial Conference,,,, by Defendant Caterpillar Inc. (Smentek PHV, Sharilee)
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Filing 15
TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 11/4/2021, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Andrew Dutkanych. Dft appeared by atty Sharilee Smentek. The Report filed as DE #14 is ADOPTED as follows: Initial Disclosures to be exchanged by 11/29/2021. All discovery to be completed by 6/27/2022. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 4/26/2022. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 5/26/2022. The last date to seek leave of court to join additional parties and to amend the pleadings for Pltf is 12/27/2021; for Dft is 1/10/2022. Parties anticipate the case should be ready for a 3-4 day trial by February 2023. Mediator Selection Deadline is 11/9/2021. All other agreements of the parties concerning discovery are adopted. Magistrate Consent forms due by 11/26/2021. All other dates/ddls to be set by presiding judge at a later time. (Tape #ATT HOST (1).) (tc)
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Filing 14
REPORT of Rule 26(f) Planning Meeting. (Smentek PHV, Sharilee)
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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 11/4/2021 09:00 AM (Central time) 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 10/13/2021. (tc)
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Filing 11
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 10/13/2021. (tc)
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Filing 10
NOTICE of Appearance by Katherine F Mendez on behalf of Caterpillar Inc (Mendez, Katherine)
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Filing 9
Corporate Disclosure Statement by Caterpillar Inc. (Smentek PHV, Sharilee)
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Filing 8
ANSWER to #1 Complaint [AND DEFENSES] by Caterpillar Inc.(Smentek PHV, Sharilee)
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Filing 7
ORDER granting #6 Application to Appear Pro Hac Vice of Attorney Sharilee K Smentek PHV for Caterpillar Inc. Signed by Magistrate Judge Joshua P Kolar on 10/6/2021. (ace)
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Filing 6
Application for Attorney Sharilee Kempa Smentek to Appear Pro Hac Vice on behalf of Caterpillar Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4708344(Pro Hac Vice Temporary login, ) (Main Document 6 replaced on 10/6/2021 to include answer to discipline question) (ace). Modified on 10/6/2021 (ace).
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Filing 5
WAIVER OF SERVICE Returned Executed by Darin Barnes. Caterpillar Inc waiver sent on 8/13/2021, answer due 10/12/2021. (Dutkanych, Andrew)
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Filing 4
Summons Issued as to Caterpillar Inc. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (bas)
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Senior Judge James T Moody and Magistrate Judge Joshua P Kolar added. (NEW CASE) (bas)
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Filing 3
NOTICE of Appearance by Andrew Dutkanych, III on behalf of DARIN BARNES (Dutkanych, Andrew)
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Filing 2
NOTICE of Appearance by Ryan W Sullivan on behalf of DARIN BARNES (Sullivan, Ryan)
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Filing 1
COMPLAINT with Jury Demand against Caterpillar Inc ( Filing fee $ 402 receipt number 0755-4645998.), filed by Darin Barnes. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Sullivan, Ryan) Modified on 8/3/2021 (bas).
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