Kelley et al v. The Ziegler Tire and Supply Company et al
Plaintiff: Luwanna Huff, Tidy L. Kelley, Jeffrey L. Huff, Thomas I. Gayle, Norman A. Baumgartner and Judaline Baumgartner
Defendant: Caterpillar Inc.
Intervenor Plaintiff: Indemnity Insurance Company of North America
3Rd Party Plaintiff: Caterpillar, Inc. and The Ziegler Tire and Supply Company
3Rd Party Defendant: Harsco Corporation
Case Number: 2:2011cv00388
Filed: December 15, 2011
Court: US District Court for the Eastern District of Kentucky
Office: Covington Office
County: Gallatin
Presiding Judge: William O Bertelsman
Referring Judge: J Gregory Wehrman
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 29, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2014 Opinion or Order Filing 120 AGREED ORDER OF DISMISSAL: 1) The complaint be dismissed with prejudice, each party to pay their own costs. Signed by Judge William O. Bertelsman on 4/29/2014.(ECO)cc: COR
April 29, 2014 Opinion or Order Filing 119 ORDER: 1) All pending motions ( #84 , #89 , #91 , #92 , #108 ) are DENIED AS MOOT; 2) The Final Pretrial Conference scheduled for 7/25/2014, and the Jury Trial set for 8/11/2014 are cancelled. Signed by Judge William O. Bertelsman on 4/29/2014.(ECO)cc: COR
April 25, 2014 Opinion or Order Filing 118 ORDER: Blake Nolan's motion to withdraw #116 as co-counsel for Deft Caterpillar, Inc. is granted. Signed by Magistrate Judge J. Gregory Wehrman on 4/25/2014. (ECO)cc: COR
April 25, 2014 Opinion or Order Filing 117 MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 4/24/2014. before Magistrate Judge J. Gregory Wehrman: Parties present as noted. The parties having advised the Court that a final settlement has been reached, and there being pending motions before the district judge accordingly it is ordered that the file is returned to the Chambers of District Judge William O. Bertelsman for further order. Signed by Magistrate Judge J. Gregory Wehrman on 4/25/2014. (ECO)cc: COR
April 25, 2014 Filing 116 MOTION to Withdraw as Attorney by Caterpillar Inc. Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Allowing Withdrawal)(Nolan, Blake)
April 24, 2014 Opinion or Order Filing 115 AMENDED FINAL PRETRIAL ORDER: *AMENDED to add the FORMAT FOR PRETRIAL MEMORANDUM. All other aspects of the ORDER re #83 remain the same. Signed by Judge William O. Bertelsman on 4/24/2014. (ECO)cc: COR
April 23, 2014 Opinion or Order Filing 114 ORDER; 1)Blake Nolan's #113 Motion to Withdraw is denied and Nolan shall file a new motion to withdraw which complies fully with LR 83.6 by 4/29/14. Signed by Magistrate Judge J. Gregory Wehrman on 4/23/2014. (LST)cc: COR
April 23, 2014 Filing 113 MOTION to Withdraw as Attorney by Caterpillar Inc. to remove from certificate of service Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Order removing from cert of service)(Nolan, Blake)
April 8, 2014 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #89 MOTION in Limine by Caterpillar Inc. to Preclude or Limit Testimony of Plaintiffs' Expert Gary Derian MOTION to Exclude by Caterpillar Inc. , #84 MOTION for Summary Judgment by Caterpillar Inc. (LST)
April 7, 2014 Filing 112 REPLY to Response to Motion re #89 MOTION in Limine by Caterpillar Inc. to Preclude or Limit Testimony of Plaintiffs' Expert Gary Derian MOTION to Exclude by Caterpillar Inc. filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Deposition of David Meinhold)(McGlinchey, Deirdre)
April 7, 2014 Filing 111 REPLY to Response to Motion re #84 MOTION for Summary Judgment by Caterpillar Inc. filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Letter from Nathan T. Dorris)(McGlinchey, Deirdre)
April 7, 2014 Filing 110 REPLY BRIEF to #92 filed by The Ziegler Tire and Supply Company. (Harmeling, Patricia)
April 7, 2014 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #92 MOTION in Limine by The Ziegler Tire and Supply Company to Preclude Testimony of Plaintiff's Expert Gary Derian (LST)
April 4, 2014 Filing 109 REPLY to #91 In Support of Motion for Summary Judgment filed by The Ziegler Tire and Supply Company. (Attachments: #1 Exhibit A - Ziegler Depo Pages, #2 Exhibit B - Ford Depo Pages, #3 Exhibit C - White Depo Pages, #4 Exhibit D - Hartman Depo Pages, #5 Exhibit E - Davanzati Depo Pages, #6 Exhibit F - Derian Depo Pages)(Harmeling, Patricia)
April 4, 2014 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #91 MOTION for Summary Judgment by The Ziegler Tire and Supply Company (LST)
April 1, 2014 Filing 108 MOTION for Hearing re #104 RESPONSE, #92 MOTION in Limine by The Ziegler Tire and Supply Company to Preclude Testimony of Plaintiff's Expert Gary Derian, #107 RESPONSE #84 MOTION for Summary Judgment by Caterpillar Inc. #91 MOTION for Summary Judgment by The Ziegler Tire and Supply Company, #106 RESPONSE #89 MOTION in Limine by Caterpillar Inc. to Preclude or Limit Testimony of Plaintiffs' Expert Gary Derian MOTION to Exclude by Caterpillar Inc. , #103 RESPONSE by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of) . (Attachments: #1 Proposed Order)(Howland, Bixler) Modified to clean up docket text on 4/1/2014 (LST).
March 27, 2014 Filing 107 RESPONSE to #84 Caterpillar, Inc.'s Motion for Summary Judgment filed by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of). (Attachments: #1 Exhibit 1 - Excerpts of Deposition of David J. Davanzati, #2 Exhibit 2 - Excerpts of Deposition of Justin Hartman, #3 Exhibit 3 - Excerpts of Deposition of Marlin Abplanalp, Jr., #4 Exhibit 4 - Excerpts of Deposition of Norman Baumgartner, #5 Exhibit 5 - Excerpts of Deposition of Thomas Gayle, #6 Exhibit 6 - Excepts of Deposition of Jeffrey Huff, #7 Exhibit 7 - Excerpts of Deposition of Travis Turner, #8 Exhibit 8 - Excerpts of Deposition of Gary Stewart, #9 Exhibit 9 - Excerpts of Deposition of Michael L. Ford, #10 Exhibit 10 - Excerpts of Deposition of George Spencer, #11 Exhibit 11 - Excerpts of Deposition of David Meinhold, #12 Exhibit 12 - Excerpts of Deposition of Gary E. Derian, P.E., #13 Exhibit 13 - Report of Gary A. Derian, P.E., #14 Exhibit 14 - Curriculum Vitae of Gary A. Derian, P.E., #15 Proposed Order Proposed Order)(Howland, Bixler)
March 27, 2014 Filing 106 RESPONSE to #89 Caterpillar, Inc.'s Motion to Preclude filed by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of). (Attachments: #1 Exhibit 1 - Excerpts of Deposition of David J. Davanzati, #2 Exhibit 2 - Excerpts of Deposition of Justin Hartman, #3 Exhibit 3 - Excerpts of Deposition of Marlin Abplanalp, Jr., #4 Exhibit 4 - Excerpts of Deposition of Norman Baumgartner dated March 5, 2013, #5 Exhibit 5 - Excerpts of Deposition of Thomas Gayle, #6 Exhibit 6 - Excerpts of Deposition of Jeffrey Huff, #7 Exhibit 7 - Excerpts of Deposition of Travis C. Turner, #8 Exhibit 8 - Excerpts of Deposition of Gary Stewart, #9 Exhibit 9 - Excerpts of Deposition of Michael L. Ford, #10 Exhibit 10 - Excerpts of Deposition of George Spencer, #11 Exhibit 11 - Excerpts of Deposition of David Meinhold, #12 Exhibit 12 - Excerpts of Deposition of Gary A. Derian, P.E., #13 Exhibit 13 - Curriculum Vitae of Gary A. Derian, P.D., #14 Exhibit 14 - Report of Gary A. Derian, P.E., #15 Proposed Order Proposed Order)(Howland, Bixler)
March 26, 2014 Opinion or Order Filing 105 ORDER: 1) Pltfs shall have through and including 3/27/2014, w/in which to file their response to Caterpillar, Inc.'s #92 MOTION to Preclude or Limit the Testimony of Plaintiffs' Expert Gary Derian. Signed by Judge William O. Bertelsman on 3/26/2014.(ECO)cc: COR
March 24, 2014 Filing 104 RESPONSE to #92 to Ziegler's Motion to Preclude Testimony of Gary A. Derian, P.E. filed by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of). (Attachments: #1 Exhibit 1 - Excerpts of Deposition of David J. Davanzati, #2 Exhibit 2 - Excerpts of Deposition of Justin Hartman, #3 Exhibit 3 - Excerpts of Deposition of Marlin Abplanalp, Jr., #4 Exhibit 4 - Excerpts of Deposition of Norman Baumgartner, #5 Exhibit 5 - Excerpts of Deposition of Thomas Gayle, #6 Exhibit 6 - Excerpts of Deposition of Jeffrey Huff, #7 Exhibit 7 - Excerpts of Deposition Travis C. Turner, #8 Exhibit 8 - Excerpts of Deposition of Gary Stewart, #9 Exhibit 9 - Excerpts of Deposition of Michael L. Ford, #10 Exhibit 10 - Excerpts of Deposition of William C. Ziegler, #11 Exhibit 11 - Excerpts of Deposition of John C. Streb, #12 Exhibit 12 - Three Invoices, #13 Exhibit 13 - Exerpts of Deposition of David Meinhold, #14 Exhibit 14 - Excerpts of Deposition of George Spencer, #15 Exhibit 15 - Exerpts of Deposition of Gary Derian, #16 Exhibit 16 - Report of Gary E. Derian, P.E., #17 Proposed Order Denying Ziegler's Motion to Exclude Testimony of Gary A. Derian, P.E.)(Howland, Bixler)
March 24, 2014 Filing 103 RESPONSE to #91 Ziegler's Motion for Summary Judgment filed by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of). (Attachments: #1 Exhibit 1 - Exerpts of Deposition of David J. Davanzati, #2 Exhibit 2 - Excerpts of Deposition of Justin Hartman, #3 Exhibit 3 - Excerpts of Deposition of Marlin Abplanalp, Jr., #4 Exhibit 4A - Excerpts of Deposition of Norman Baumgartner taken March 5, 2014, #5 Exhibit 4B - Excerpts of Deposition of Norman Baumgartner taken March 26, 2013 (continuation of deposition of March 5, 2013, #6 Exhibit 5 - Excerpts of Deposition of Thomas Gayle, #7 Exhibit 6 - Excerpts of Deposition of Jeffrey L. Huff, #8 Exhibit 7 - Exerpts of Deposition of Travis C. Turner, #9 Exhibit 8 - Excerpts of Deposition of Gary Stewart, #10 Exhibit 9 - Excerpts of Deposition of Michael L. Ford, #11 Exhibit 10 - Excerpts of Deposition of William C. Ziegler, #12 Exhibit 11 - Excerpts of Deposition of John C. Streb, #13 Exhibit 12 - Three Invoices, #14 Exhibit 13 - Excerpts of Deposition of David Meinhold, #15 Exhibit 14 - Excerpts of Deposition of George B. Spencer, #16 Exhibit 15 - Excerpts of Deposition of Zachary White, #17 Exhibit 16 - Excerpts of Deposition of Philip Whisman, #18 Exhibit 17 - Excerpts of Deposition of Gary A. Derian, P.E., #19 Exhibit 18 - Curriculum Vitae of Gary A. Derian, P.E., #20 Exhibit 19 - Report of Gary A. Derian, P.E., #21 Proposed Order Denying Motion for Summary Judgment)(Howland, Bixler)
March 24, 2014 Filing 102 MOTION for Extension of Time by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of) Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Howland, Bixler)
March 21, 2014 Opinion or Order Filing 101 ORDER: 1) Pltfs shall have through and including 3/24/2014, w/in which to file their Response to Caterpillar, Inc.'s Motion to Preclude or Limit Testimony of Pltfs' Expert, Gary Derian #92 . Signed by Judge William O. Bertelsman on 3/21/2014.(ECO)cc: COR
March 18, 2014 ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #99 Proposed Agreed Order/Stipulation Extending Plaintiffs' Response to Motion in Limine by Caterpillar, Inc., to Preclude or Limit Testimony of Plaintiffs' Expert, Gary Derian by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gay (LST)
March 17, 2014 Opinion or Order Filing 100 ORDER: 1) Plaintiff's motion to withdraw the motion to compel #98 is granted; 2) Plaintiff's motion to compel #94 is denied as moot. Signed by Magistrate Judge J. Gregory Wehrman on 3/17/2014. (TJZ)cc: COR
March 17, 2014 Filing 99 Proposed Agreed Order/Stipulation Extending Plaintiffs' Response to Motion in Limine by Caterpillar, Inc., to Preclude or Limit Testimony of Plaintiffs' Expert, Gary Derian by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of). (Howland, Bixler)
March 17, 2014 Filing 98 MOTION to Withdraw #94 MOTION to Compel Responses by Defendant by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of) , #95 Order, Set Motion and R&R Deadlines/Hearings, #96 RESPONSE, by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of) Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Howland, Bixler)
March 13, 2014 Opinion or Order Filing 97 ORDER; 1)Plas to file an expedited reply to def, Ziegler's #94 MOTION to Compel Responses by 3/17/2014. Signed by Magistrate Judge J. Gregory Wehrman on 3/13/2014.(LST)cc: COR
March 12, 2014 Filing 96 RESPONSE to #95 Plaintiff's Motion to Compel filed by The Ziegler Tire and Supply Company. (Attachments: #1 Exhibit A - Ziegler's Response to Plaintiff's Supplemental Request for Production of Documents, #2 Exhibit B - Ziegler's Supplemental Response to Ps Supplemental Request for Production of Documents, #3 Proposed Order)(Harmeling, Patricia)
March 12, 2014 Opinion or Order Filing 95 ORDER; 1)Def Ziegler shall respond to Plas' #94 Motion to Compel by 3/17/2014, after which the motion shall stand submitted. Signed by Magistrate Judge J. Gregory Wehrman on 3/12/2014.(LST)cc: COR
March 12, 2014 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge J. Gregory Wehrman for review: re #94 MOTION to Compel Responses by Defendant by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of) (LST)
March 11, 2014 Filing 94 MOTION to Compel Responses by Defendant by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of) Motions referred to J. Gregory Wehrman. (Attachments: #1 Exhibit 1 - Plaintiff's Supplemental Request, #2 Exhibit 2 - Letter to Ms. Patricia L. Harmeling, #3 Proposed Order on Motion to Compel)(Howland, Bixler) Modified to better describe on 3/11/2014 (LST).
March 5, 2014 Opinion or Order Filing 93 AGREED ORDER EXTENDING PLAINTIFFS' DEADLINES TO RESPOND TO CATERPILLAR INC.'S MOTION FOR SUMMARY JUDGMENT; 1)Plas to have 14 days after the completion of the deposition of Caterpillar's expert witness on 3/13/14 to file their Response to Caterpillar's Inc.'s Motion for Summary Judgment. Signed by Judge William O. Bertelsman on 3/5/2014.(LST)cc: COR
March 3, 2014 Filing 92 MOTION in Limine by The Ziegler Tire and Supply Company to Preclude Testimony of Plaintiff's Expert Gary Derian (Attachments: #1 Memorandum in Support, #2 Exhibit A - Ziegler Depo Pages, #3 Exhibit B - Ford Depo Pages, #4 Exhibit C - Davanzati Depo Pages, #5 Exhibit D - White Depo Pages, #6 Exhibit E - Hartman Depo Pages, #7 Exhibit F - Derian Depo Pages, #8 Proposed Order)(Harmeling, Patricia) Modified to take out referral on 4/7/2014 (LST).
March 3, 2014 Filing 91 MOTION for Summary Judgment by The Ziegler Tire and Supply Company (Attachments: #1 Memorandum in Support, #2 Exhibit A - Ziegler Depo Pages, #3 Exhibit B - Ford Depo Pages, #4 Exhibit C - Davanzati Depo Pages, #5 Exhibit D - White Depo Pages, #6 Exhibit E - Hartman Depo Pages, #7 Exhibit F - Baumgartner Depo Pages, #8 Exhibit G - Derian Depo Pages, #9 Proposed Order)(Harmeling, Patricia)
February 28, 2014 Filing 90 Proposed Agreed Order/Stipulation Extending Plaintiffs' Deadlines to Respond to Caterpillar Inc.'s Motion for Summary Judgment by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of). (Howland, Bixler)
February 28, 2014 ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #90 Proposed Agreed Order/Stipulation Extending Plaintiffs' Deadlines to Respond to Caterpillar Inc.'s Motion for Summary Judgment by Judaline Baumgartner, Norman A. Baumgartner, Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kel (LST)
February 27, 2014 Filing 89 MOTION in Limine by Caterpillar Inc. to Preclude or Limit Testimony of Plaintiffs' Expert Gary Derian, MOTION to Exclude by Caterpillar Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Deposition of Gary a. Derian, #3 Proposed Order)(McGlinchey, Deirdre) Modified to take out referral on 2/28/2014 (LST).
February 26, 2014 Opinion or Order Filing 88 ORDER; 1)Any party wishing to file a Responses to Def's #84 Motion for Summary Judgment shall do so by 3/7/2014, failing which the Court may grant such motion. Signed by Judge William O. Bertelsman on 2/26/2014.(LST)cc: COR
February 19, 2014 Opinion or Order Filing 87 ORDER; 1)The Intervening Complaint and Amended Intervening Complaint as it relates to Pla Jeffrey Huff are dismissed w/prejudice, and all such claims will now be asserted by the Pla Huff. Signed by Judge William O. Bertelsman on 2/19/2014. (LST)cc: COR
February 12, 2014 Opinion or Order Filing 86 ORDER; 1)A SETTLEMENT CONFERENCE is set for 4/24/2014 at 09:30 AM in COVINGTON before Magistrate Judge J. Gregory Wehrman. Parties are ordered to have their respective client/rep, fully authorized to negotiate and approve a settlement in this matter, present in person at such conference; 2)Counsel to submit to chambers by 4/17/14 a concise confidential settlement evaluation to include strengths and weaknesses of a case, liability and damage assessment, and a summary of prior settlement negotiations. Document not to be filed w/Clerk of Court. Signed by Magistrate Judge J. Gregory Wehrman on 2/12/2014.(LST)cc: COR
February 3, 2014 Filing 85 MOTION to Dismiss by Indemnity Insurance Company of North America (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Neal, Richard)
February 3, 2014 NOTICE OF DOCKET MODIFICATION TO Deirdre Mcglinchey re #84 MOTION for Summary Judgment by Caterpillar Inc. Error: Exhibits were filed together with the motion instead of as separate attachments. Entry by attorney; Correction: Clerk added the exhibits as separate attachments. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel cc: COR (LST)
January 31, 2014 Filing 84 MOTION for Summary Judgment by Caterpillar Inc. (Attachments: #1 Proposed Order, #2 Statement of Uncontested Facts, #3 Memorandum in Support, #4 Exhibit 1-3, #5 Exhibit 4-6)(McGlinchey, Deirdre) (Additional attachment(s) added on 2/3/2014: #6 Exhibit 1 - Excerpts from deposition of David J. Davanzati, #7 Errata 2 - Excerpts from deposition of Justin Hartman, #8 Exhibit 3 - Excerpt from deposition of Norman Baumgartner, #9 Exhibit 4 - Excerpts from deposition of Thomas Gayle, #10 Exhibit 5 - Excerpts from deposition of Jeff Huff, #11 Exhibit 6 - Excerpts from deposition of Gary A. Derian) (LST).
January 24, 2014 Opinion or Order Filing 83 FINAL PRETRIAL ORDER; (A) FINAL PRETRIAL CONFERENCE set for 7/25/2014 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. JURY TRIAL set for 8/11/2014 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. (Parties to comply w/items I-V as set forth in this Final Pretrial Order). Signed by Judge William O. Bertelsman on 1/24/2014.(LST)cc: COR
January 24, 2014 Opinion or Order Filing 82 AMENDED ORDER re #81 Order; 1)Order is Amended to correct JURY TRIAL date to 8/11/2014 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 1/24/2014.(LST)cc: COR
January 24, 2014 Opinion or Order Filing 81 ORDER; 1)Matter is RESET for a FINAL PRETRIAL CONFERENCE on 7/25/2014 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. A copy of the Court's final pretrial order shall enter concurrently; 2)Matter is RESET for a JURY TRIAL on 8/4/2014 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 1/24/2014.(LST)cc: COR
January 13, 2014 Filing 80 NOTICE by Caterpillar Inc. re #77 Order,, Terminate Motions,, Set Deadlines, Report to the Court on the Parties' Availability for Trial (Miller, Byron)
January 13, 2014 ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: #80 Notice of Report to the Court on the Parties' Availability for Trial (LST)
January 10, 2014 Opinion or Order Filing 79 AGREED ORDER EXTENDING PRETRIAL DEADLINES: Court's 5/22/2012 order is amended as follows: 1) Last date to file dispositive motions is 3/3/2014; 2) Deadline for filing Daubert motions is 3/3/2014. Signed by Judge William O. Bertelsman on 1/10/2014.(TJZ)cc: COR
January 10, 2014 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: re #78 Proposed Agreed Order/Stipulation Extending Pretrial Deadlines by The Ziegler Tire and Supply Company (TED)
January 9, 2014 Filing 78 Proposed Agreed Order/Stipulation Extending Pretrial Deadlines by The Ziegler Tire and Supply Company. (Harmeling, Patricia)
December 27, 2013 Opinion or Order Filing 77 ORDER: Motion to continue trial #76 is GRANTED. Final pretrial set for 3/4/2014 and trial date of 3/10/2014 are vacated. Counsel for Caterpillar is directed to confer with all other counsel to determine 3 alternate dates in late June or July, 2014 and report them to chambers on or before 1/13/2014. Signed by Judge William O. Bertelsman on 12/27/2013. (TJZ)cc: COR
November 20, 2013 Filing 76 MOTION to Continue Trial by Caterpillar Inc. (Attachments: #1 Proposed Order)(Miller, Byron) Modified to better describe on 11/21/2013 (LST).
September 26, 2013 Filing 75 AMENDED NOTICE to Take Deposition of Luwanna Huff on October 15, 2013 at 1:00 p.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
September 26, 2013 Filing 74 AMENDED NOTICE to Take Deposition of Tidy Kelley on October 15, 2013 at 10:00 a.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
September 26, 2013 Opinion or Order Filing 73 AGREED ORDER; 1)Caterpillar and Ziegler have satisfied the requirements of KRS 411.182 by having brought in Harsco as a Third-Party Def in this case; 2)Harsco has also paid or will be paying Workers' Comp. claims asserted against it by the Plas pursuant to KRS 411.182 and Kentucky case law, Harsco is deemed a settling tortfeasor; 3)Harsco shall appear on the verdict form for the purpose of apportionment of fault at the trial or trials of each one of the Plas' claims, should the evidence presented at trial support such an instruction. Signed by Judge William O. Bertelsman on 9/26/2013. (LST)cc: COR
September 25, 2013 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #72 Proposed Agreed Order/Stipulation re: Apportionment of Fault against Harsco by Caterpillar Inc., Caterpillar, Inc., Harsco Corporation, The Ziegler Tire and Supply Company (LST)
September 24, 2013 Filing 72 Proposed Agreed Order/Stipulation re: Apportionment of Fault against Harsco by Caterpillar Inc., Caterpillar, Inc., Harsco Corporation, The Ziegler Tire and Supply Company. (Miller, Byron)
September 5, 2013 Filing 71 NOTICE to Take Deposition of Gary A. Derian, P.E. on September 12, 2013, 10:00 a.m. by Caterpillar Inc..(Miller, Byron)
August 14, 2013 Opinion or Order Filing 70 FINAL PRETRIAL ORDER; FINAL PRETRIAL CONFERENCE set for 3/4/2014 at 01:00 PM in COVINGTON before Judge William O. Bertelsman., JURY TRIAL set for 3/10/2014 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. (Parties to comply w/items I-V as set forth in this Order). Signed by Judge William O. Bertelsman on 8/14/2013.(LST)cc: COR
August 14, 2013 Opinion or Order Filing 69 MINUTE ENTRY ORDER FOR MOTION HEARING held on 8/12/2013 before Judge William O. Bertelsman; 1)The #57 Motion to Dismiss for the third-party complaint by Hasco Corp. is GRANTED. Parties to promptly submit an agreed order regarding the apportionment issue in relation to this dismissal discussed at the above hearing; 2)Matter is set for a FINAL PRETRIAL CONFERENCE on 3/4/2014 at 1:00 PM. A copy of the Court's final pretrial order shall enter concurrently; 3)Matter is set for JURY TRIAL on 3/10/2014 at 10:00 AM. (Court Reporter JOAN AVERDICK.). Signed by Judge William O. Bertelsman on 8/14/2014. (LST)cc: COR Modified date on 9/5/2013 (TJZ).
August 2, 2013 Filing 68 AMENDED NOTICE to Take Deposition of Luwanna Huff on August 9, 2013 at 1:00 p.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
August 2, 2013 Filing 67 AMENDED NOTICE to Take Deposition of Tidy Kelley on August 9, 2013 at 10:00 a.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
July 19, 2013 Opinion or Order Filing 66 ORDER; 1)ORAL ARGUMENT re #57 MOTION to Dismiss is set for 8/12/2013 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 7/19/2013.(LST)cc: COR
July 8, 2013 Filing 65 DISCLOSURES Pursuant to FRCP 26(a)(2) by Caterpillar Inc.. (Attachments: #1 Exhibit A: Report of Dr. Nathan Dorris, #2 Exhibit B: Report of James Gardner, P.E., #3 Exhibit C: Report of David R. Meinhold)(Miller, Byron)
July 1, 2013 Filing 64 FIRST DISCLOSURES FRCP 26(a)(2) Expert Witnesses by The Ziegler Tire and Supply Company. (Attachments: #1 Exhibit Expert Sprague/Arruda Report, #2 Exhibit Expert Sprague/Arruda Appendices, #3 Exhibit Expert Gleis Report)(Harmeling, Patricia)
June 28, 2013 Opinion or Order Filing 63 ORDER; 1)The Construed #62 Joint Motion for extension of time is granted; 2)Caterpillar, Inc. shall have until July 8, 2013 to submit its expert witness report(s). Signed by Magistrate Judge J. Gregory Wehrman on 6/28/2013.(LST)cc: COR
June 28, 2013 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge J. Gregory Wehrman for review: re #62 Proposed Agreed Order/Stipulation Extending Deadline for Caterpillar Inc.'s Submission of Expert Witness Reports by Judaline Baumgartner, Norman A. Baumgartner, Caterpillar Inc., Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kell (LST)
June 27, 2013 Filing 62 Proposed Agreed Order/Stipulation Extending Deadline for Caterpillar Inc.'s Submission of Expert Witness Reports by Judaline Baumgartner, Norman A. Baumgartner, Caterpillar Inc., Thomas I. Gayle, Jeffrey L. Huff, Luwanna Huff, Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of). (Miller, Byron)
June 26, 2013 Filing 61 REPLY to Response to Motion re #57 MOTION to Dismiss for failure to state a claim by Harsco Corporation of Third Party Complaint filed by Harsco Corporation. (Winters, R.)
June 26, 2013 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #57 MOTION to Dismiss for failure to state a claim by Harsco Corporation of Third Party Complaint (LST)
June 24, 2013 Filing 60 RESPONSE to Motion re #57 MOTION to Dismiss for failure to state a claim by Harsco Corporation of Third Party Complaint filed by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Miller, Byron)
June 19, 2013 Filing 59 RESPONSE to Motion re #57 MOTION to Dismiss for failure to state a claim by Harsco Corporation of Third Party Complaint filed by The Ziegler Tire and Supply Company. (Attachments: #1 Proposed Order)(Harmeling, Patricia)
June 3, 2013 Filing 58 NOTICE OF FILING by Harsco Corporation re #57 MOTION to Dismiss for failure to state a claim by Harsco Corporation of Third Party Complaint (Attachments: #1 Proposed Order)(Winters, R.)
June 3, 2013 Filing 57 MOTION to Dismiss for failure to state a claim by Harsco Corporation of Third Party Complaint (Winters, R.) (Additional attachment(s) added on 6/4/2013: #1 Proposed Order) (TDA).
May 29, 2013 Filing 56 FRCP 7.1 DISCLOSURE STATEMENT by Harsco Corporation identifying Corporate Parent Harsco Corporation for Harsco Corporation.. (Winters, R.)
May 29, 2013 Filing 55 NOTICE OF APPEARANCE by Harsco Corporation. (Winters, R.)
May 21, 2013 Filing 54 SUMMONS Returned Executed by Caterpillar, Inc. via Certified Mail to Harsco Corporation served on 5/14/2013, answer due 6/4/2013. (Attachments: #1 Green Card from Post Office)(Miller, Byron)
May 20, 2013 Opinion or Order Filing 53 ORDER; 1)The Intervening Complaint and Amended Intervening Complaint as they relate to Tidy L. Kelley only are dismissed w/prejudice, all such claims will now be asserted by the Pla, Tidy L. Kelley, individually and as Personal Representative of the Estate of Robin H. Kelley, Deceased. Signed by Judge William O. Bertelsman on 5/20/2013. (LST)cc: COR
May 17, 2013 NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re #52 Acknowledgment of Service was an INCOMPLETE PDF document filed as main document; Attorney shall file the Summons issued by the Clerk with the declaration of service completed and with the certified mail receipt attached which states the method of service using the correct event "Summons returned executed" within seven (7) calendar days. *STB* cc: COR (LST)
May 16, 2013 Filing 52 STRICKEN FROM DOCKET: INCOMPLETE DOCUMENT PURSUANT to Notice of Action Striking document filed on 5/17/2013
May 1, 2013 Filing 51 DISCLOSURES Expert Witness Disclosure of Norman A. Baumgartner and Judaline Baumgartner by Judaline Baumgartner, Norman A. Baumgartner. (Attachments: #1 Exhibit Resume of Gary Derian, #2 Exhibit Report of Gary Derian)(Howland, Bixler)
May 1, 2013 Filing 50 DISCLOSURES Expert Witness Disclosure of Jeffrey L. Huff and Luwanna Huff by Jeffrey L. Huff, Luwanna Huff. (Attachments: #1 Exhibit Resume of Gary Derian, #2 Exhibit Report of Gary Derian)(Howland, Bixler)
May 1, 2013 Filing 49 DISCLOSURES Expert Witness Disclosure of Thomas I. Gayle by Thomas I. Gayle. (Attachments: #1 Exhibit Resume of Gary Derian, #2 Exhibit Report of Gary Derian)(Howland, Bixler)
May 1, 2013 Filing 48 DISCLOSURES Expert Witness Disclosure of Plaintiff, Tidy L. Kelley by Tidy L. Kelley(Individually), Tidy L. Kelley(Personal Representative of). (Attachments: #1 Exhibit Resume of Gary Derian, #2 Exhibit Report of Gary Derian)(Howland, Bixler)
April 24, 2013 Filing 47 FIRST MOTION to Dismiss by Indemnity Insurance Company of North America (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Neal, Richard)
March 22, 2013 Filing 46 ANSWER to #44 AMENDED Intervenor Complaint by The Ziegler Tire and Supply Company.(Harmeling, Patricia) Modified text on 3/25/2013 (ECO).
March 11, 2013 Filing 45 ANSWER to #44 AMENDED Intervenor Complaint by Caterpillar Inc.(Miller, Byron) Modified text on 3/25/2013 (ECO).
March 8, 2013 Filing 44 AMENDED Intervening COMPLAINT, filed by Indemnity Insurance Company of North America. FILED pursuant to Order #43 (TED)
March 8, 2013 Opinion or Order Filing 43 ORDER: It is ordered tht 1) Indemnity Insurance Company's #29 Motion for leave to file an amended intervening complaint #29 is GRANTED AS UNOPPOSED and the tendered amended intervening complaint [29-2] is deemed filed as of this date. Signed by Magistrate Judge J. Gregory Wehrman on 03/08/2013. (TED)cc: COR
February 27, 2013 Filing 42 Third Party Summons Issued as to Harsco Corporation; Third Party Summons issued and returned to counsel electronically. (TED)
February 27, 2013 Filing 41 NOTICE OF FILING by Caterpillar Inc. re #40 Third Party Complaint (Attachments: #1 Third Party Summons on Harsco Corporation)(Miller, Byron)
February 26, 2013 Filing 40 THIRD PARTY COMPLAINT against Harsco Corporation, filed by Caterpillar Inc., The Ziegler Tire and Supply Company. (Filed per Order DE #39 ). (Attachments: #1 Exhibit 1 - Original Complaint)(ECO)
February 26, 2013 Opinion or Order Filing 39 ORDER: 1) Motion for leave to file a third-party complaint #28 is granted as unopposed and the tendered third-party complaint #28 shall be deemed filed as of this date. Signed by Magistrate Judge J. Gregory Wehrman on 2/26/2013. (ECO)cc: COR
February 26, 2013 Clerk's Note: The Clerk notes a Third-Party Complaint #40 was filed; however, no summons was provided to the Clerk for issuance. If you desire summons to be isued, the forms are available on the Court's website, www.kyed.uscourts.gov. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a Notice of Filing with the prepared summons as an attachment within 7 calendar days. (ECO)
February 22, 2013 Filing 38 NOTICE to Take Deposition of David Davanzeti on March 8, 2013 at 1:30 p.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 22, 2013 Filing 37 NOTICE to Take Deposition of Luwanna Huff on March 8, 2013 at 11:30 a.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 22, 2013 Filing 36 NOTICE to Take Deposition of Jeffrey L. Huff on March 8, 2013 at 10:00 a.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 22, 2013 Filing 35 NOTICE to Take Deposition of Tidy L. Kelley on March 7, 2013 at 1:00 p.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 22, 2013 Filing 34 NOTICE to Take Deposition of Thomas Gayle on March 7, 2013 at 10:00 a.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 22, 2013 Filing 33 NOTICE to Take Deposition of Phillip Kunkle on March 5, 2013 at 3:00 p.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 22, 2013 Filing 32 NOTICE to Take Deposition of Justin Hartman on March 5, 2012 at 1:30 p.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 22, 2013 Filing 31 NOTICE to Take Deposition of Judaline Baumgartner on March 5, 2013 at 11:30 a.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 22, 2013 Filing 30 NOTICE to Take Deposition of Norman A. Baumgartner on March 5, 2013 at 10:00 a.m. by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
February 12, 2013 NOTICE OF DOCKET MODIFICATION TO Richard Neal re #29 AMENDED MOTION to Intervene by Indemnity Insurance Company of North America ; Error: Attachment was insufficiently described as "Exhibit"; Entry by Attorney; Correction: The Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TED)
February 11, 2013 Filing 29 AMENDED MOTION to Intervene by Indemnity Insurance Company of North America Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit-Amended Intervening Complaint)(Neal, Richard) Modified to describe exhibit on 2/12/2013 (TED).
February 1, 2013 Filing 28 JOINT MOTION by Defendants for Leave by Caterpillar Inc., The Ziegler Tire and Supply Company to File Third-Party Complaint Motions referred to J. Gregory Wehrman. (Attachments: #1 Third-Party Complaint, #2 Exhibit Exhibit 1 to Third Party Complaint: Original Complaint, #3 Proposed Order)(Miller, Byron) Modified text on 2/1/2013 (TED).
December 5, 2012 Opinion or Order Filing 27 ORDER: 1) Amended joint motion for substitution of counsel #26 is granted ; 2) Patricia Harmeling shall be substituted for William Oberson as counsel for defendant Ziegler Tire & Supply Co. Signed by Magistrate Judge J. Gregory Wehrman on 12/5/2012.(TJZ)cc: COR
December 4, 2012 Filing 26 AMENDED MOTION to Substitute Attorney by The Ziegler Tire and Supply Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Harmeling, Patricia)
November 19, 2012 Opinion or Order Filing 25 ORDER: It is ordered that 1) Joint #24 Motion for substitution is denied without prejudice to renew and 2) A motion fully complying with LR 83.6 shall be filed by December 3, 2012. Signed by Magistrate Judge J. Gregory Wehrman on 11/19/2012. (TED)cc: COR
November 12, 2012 Filing 24 MOTION to Substitute Attorney by The Ziegler Tire and Supply Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Harmeling, Patricia)
November 7, 2012 Filing 23 NOTICE of Change of Address by Patricia L. Harmeling (Harmeling, Patricia)
August 17, 2012 Filing 22 FRCP 7.1 DISCLOSURE STATEMENT by Indemnity Insurance Company of North America. (Neal, Richard)
August 15, 2012 Filing 21 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Richard Edwin Neal. #18 Intervenor Complaint has been filed by Indemnity Insurance Company of North America without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TED)
August 13, 2012 Filing 20 ANSWER to #18 Intervenor Complaint by The Ziegler Tire and Supply Company.(Harmeling, Patricia)
August 10, 2012 Filing 19 ANSWER to #18 Intervenor Complaint by Caterpillar Inc..(Miller, Byron)
July 23, 2012 Filing 18 Intervenor COMPLAINT, filed by Indemnity Insurance Company of North America. (Filed pursuant to Order #17 )(TED)
July 23, 2012 Opinion or Order Filing 17 ORDER: It is ordered #16 Motion to Intervene by Indemnity Insurance Company is granted as unopposed and the tendered intervening complaint [16-3]deemed filed as of this date. Signed by Magistrate Judge J. Gregory Wehrman on 7/23/2012. (TED)cc: COR
June 29, 2012 NOTICE OF DOCKET MODIFICATION TO Richard Neal re #16 MOTION to Intervene ; Error: Error 1: Incorrect event "First Intervenor Complaint" was selected. Entry by attorney. Clerk redefined the pleading as a Motion to intervene. No further action required. Error 2: Motion to intervene was filed with incorrect state court pleading attached. Call to counsel and he advised that this pleading should not have been filed with motion. Clerk re-filed moton as Correct Motion to Intervene and re-filed state court pleading and identified as incorrectly filed per counsel. No further action required by counsel. cc: COR (TED)
June 28, 2012 MOTIONS REFERRED: #16 MOTION to Intervene Motions referred to J. Gregory Wehrman per chambers. (TED)
June 27, 2012 Filing 16 MOTION TO INTERVENE with FIRST Intervenor COMPLAINT tendered, filed by Indemnity Insurance Company of North America. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit-Tendered Intervening Complaint)(Neal, Richard) Modified redefining as Motion to intervene and modifying text to describe motion and exhibit on 6/28/2012 (TED). (Additional attachment(s) added on 6/28/2012: #4 Correct Motion to Intervene, #5 Incorrectly filed (per counsel) Gallatin Court Pleading) (TED). Modified text on 6/29/2012 (TED).
May 22, 2012 Opinion or Order Filing 15 ORDER: Following schedule shall govern the course of this litigation. Parties should note that these deadlines are more generous than those typically set by Court and no extensions will be granted absent extraordinary circumstances. 1) Amendment of complaint, addition of parties, claims, factual allegations due 02/01/2013; 2) Dates to exchange lists of expert witnesses and furnish copies of expert reports from plf 05/01/13, from dft 07/01/2013; 3) Discovery cutoff 11/01/2013; 4) Last date to file dispositive motions not directed to the pleadings e.g. summary judgment motions by 01/15/2014; 6) Deadline for filing Daubert motions 01/15/2014; 7) Trial TBD; 8) Case referred to Magistrate Judge J. Gregory Wehrman to supervise discovery and pretrial proceedings as set forth in paragraph 8. See Order for details. Counsel shall keep Court advise of status of discovery. Attention of counsel is called to the amendments to the Federal Rules of Civil Procedure which became effective December 1, 1993, particularly with respect to expert reports. Signed by Judge William O. Bertelsman on 5/22/2012.(TED)cc: COR
May 7, 2012 Opinion or Order Filing 14 ORDER: it is ordered that call of this matter at Docket Call on May 9, 2012 is hereby cancelled pending further order of this Court. Signed by Judge William O. Bertelsman on 5/7/2012.(TED)cc: COR
April 24, 2012 Opinion or Order Filing 13 ORDER: It is ordered that DOCKET CALL is set for 5/9/2012 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 4/24/2012.(TED)cc: COR
March 1, 2012 ***FILE SUBMITTED TO CHAMBERS of Judge Bertelsman for review: #12 Report of Rule 26(f) Planning Meeting (TED)
February 29, 2012 Filing 12 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order)(Miller, Byron)
February 17, 2012 Opinion or Order Filing 11 VIRTUAL ORDER: granting #10 Motion to Appear Pro Hac Vice for Deirdre C. McGlinchey to appear pro hac vice for defendant Caterpillar Inc.. Signed by Magistrate Judge J. Gregory Wehrman on 2/17/2012. (TED)cc: COR
February 16, 2012 Filing 10 MOTION for Deirdre C. McGlinchey to Appear Pro Hac Vice by Caterpillar Inc. ( Filing fee $95; receipt number 2271232)Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order, #2 Affidavit)(Miller, Byron)
February 16, 2012 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: re #10 MOTION for Deirdre C. McGlinchey to Appear Pro Hac Vice by Caterpillar Inc. ( Filing fee $95; receipt number 2271232) (TED)
February 16, 2012 BAR STATUS Check completed as to Deirdre C. McGlinchey re #10 MOTION for Deirdre C. McGlinchey to Appear Pro Hac Vice by Caterpillar Inc. ( Filing fee $95; receipt number 2271232). (TED)
January 6, 2012 Filing 9 ANSWER to Complaint with Jury Demand by Caterpillar Inc..(Miller, Byron)
January 3, 2012 Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by The Ziegler Tire and Supply Company. (Harmeling, Patricia)
December 28, 2011 Filing 7 NOTICE TO ATTORNEY Jared J. Smith by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Data Form)(TED)
December 22, 2011 Filing 6 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Patricia Harmeling. #5 Answer to Complaint has been filed by The Ziegler Tire and Supply Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TED)
December 21, 2011 Filing 5 ANSWER to Complaint with Jury Demand #1 by The Ziegler Tire and Supply Company.(Harmeling, Patricia) Modified addin link on 12/22/2011 (TED).
December 16, 2011 Conflict Check run. (ECO)
December 15, 2011 Opinion or Order Filing 4 STANDING REFERRAL ORDER: 1) Case referred to United States Magistrate Judge J. Gregory Wehrman to supervise discovery and pretrial proceedings. Case will revert back to the undersigned to hold the final pretrial conference and trial; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge. Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
December 15, 2011 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Caterpillar Inc. (ECO)
December 15, 2011 Filing 2 MAGISTRATE JUDGE J. Gregory Wehrman chosen by random selection to handle matters that may be referred in this case. (ECO)
December 15, 2011 Filing 1 NOTICE OF REMOVAL from Gallatin Circuit Court, case number 11-CI-00189. ( Filing fee $350; receipt number 2220634), filed by Caterpillar Inc., The Ziegler Tire and Supply Company. (Attachments: #1 Memorandum in Support, #2 Civil Cover Sheet, #3 Exhibit-Notice and Certification of Removal, #4 Exhibit-Consent to Removal, #5-Notice of Filing Notice of Removal, #6 State Court Record, #7 Case Assignment)(ECO)

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Search for this case: Kelley et al v. The Ziegler Tire and Supply Company et al
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Plaintiff: Luwanna Huff
Represented By: Bixler W. Howland
Represented By: Jared Joseph Smith
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Plaintiff: Tidy L. Kelley
Represented By: Bixler W. Howland
Represented By: Jared Joseph Smith
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Plaintiff: Jeffrey L. Huff
Represented By: Bixler W. Howland
Represented By: Jared Joseph Smith
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Plaintiff: Thomas I. Gayle
Represented By: Bixler W. Howland
Represented By: Jared Joseph Smith
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Plaintiff: Norman A. Baumgartner
Represented By: Bixler W. Howland
Represented By: Jared Joseph Smith
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Plaintiff: Judaline Baumgartner
Represented By: Bixler W. Howland
Represented By: Jared Joseph Smith
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Intervenor plaintiff: Indemnity Insurance Company of North America
Represented By: Richard Edwin Neal
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Defendant: Caterpillar Inc.
Represented By: Adam B. Shadburne
Represented By: Byron N. Miller
Represented By: Kevin Michael Murphy
Represented By: Blake Charles Nolan
Represented By: Brandon Marshall Howell
Represented By: Deirdre C. McGlinchey
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3rd party plaintiff: Caterpillar, Inc.
Represented By: Adam B. Shadburne
Represented By: Byron N. Miller
Represented By: Kevin Michael Murphy
Represented By: Blake Charles Nolan
Represented By: Brandon Marshall Howell
Represented By: Deirdre C. McGlinchey
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3rd party plaintiff: The Ziegler Tire and Supply Company
Represented By: Patricia L. Harmeling
Represented By: William B. Orberson
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3rd party defendant: Harsco Corporation
Represented By: R. Gary Winters
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