Middleton et al v. Caterpillar, Inc.
Plaintiff: Inez Middleton
Defendant: Caterpillar, Inc.
Intervenor Plaintiff: KEMI
Case Number: 6:2013cv00028
Filed: February 1, 2013
Court: US District Court for the Eastern District of Kentucky
Office: London Office
County: Whitley
Presiding Judge: David L Bunning
Referring Judge: Hanly A Ingram
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 24, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 24, 2015 Opinion or Order Filing 74 AGREED ORDER OF DISMISSAL: the claims of Plaintiffs, Inez Middleton, Individually and as Administrator of the Estate of David J. Middleton and as Parent and Next Friend of MAM, a Minor Child, against Defendant, Caterpillar Inc., are hereby DISMISSED in their entirety with prejudice, the parties to bear their own costs. IT IS FURTHER ORDERED that the claims of the Intervening Plaintiff KEMI are hereby DISMISSED in their entirety with prejudice, the parties to bear their own costs. There being no just cause for delay, this is a final and appealable Order. Case Terminated. Signed by Judge David L. Bunning on 11/23/2015.(RBB)cc: COR
November 24, 2015 Opinion or Order Filing 73 VIRTUAL ORDER: denying as moot #52 MOTION for Hearing by KEMI, #50 JOINT MOTION to Dismiss by Caterpillar, Inc., Inez Middleton Motions terminated: #50 JOINT MOTION to Dismiss by Caterpillar, Inc., Inez Middleton filed by David Middleton, Caterpillar, Inc., #52 MOTION for Hearing by KEMI filed by KEMI. Signed by Judge David L. Bunning on 11/24/2015.(RBB)cc: COR
November 19, 2015 Filing 72 JOINT MOTION to Dismiss by Caterpillar, Inc., KEMI, Inez Middleton (Attachments: #1 Proposed Order)(Miller, Byron)
October 21, 2015 Opinion or Order Filing 71 ORDER: The Court, having been informed that the parties have reached a settlement agreement, HEREBY ORDERS that the parties SHALL file notice of settlement in the record within thirty (30) days of the entry of this Order. Signed by Magistrate Judge Hanly A. Ingram on 10/21/2015.(RBB)cc: COR
October 21, 2015 Opinion or Order Filing 70 ORDER: The Court previously scheduled a settlement conference to occur on Monday, October, 26, 2015. D.E. #69 . ORDERS that the October 26, 2015 settlement conference is CANCELLED. Signed by Magistrate Judge Hanly A. Ingram on 10/21/2015.(RBB)cc: COR
September 28, 2015 Filing 69 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/28/2015 before Magistrate Judge Hanly A. Ingram: 1) The Court's show cause order (D.E. 67) is DISCHARGED AS SATISFIED; 2) The parties joint motion for settlement conference (D.E. #64 ) is GRANTED; 3) This matter is SCHEDULED for settlement conference on 10/26/15, at 9:30 a.m. in London, Kentucky; 4) Plaintiff Middleton's ex parte settlement conference statement, and any supplemental ex parte settlement conference statement from Intervening Plaintiff KEMI, SHALL be submitted on or before 10/19/15; 5) Except as specifically addressed herein, the requirements of the Court's previous settlement conference Order (D.E. 54) remain in effect; and 6) Pursuant to the Court's previous Order (D.E. 60), Defendant Caterpillar, Inc. remains excused from participating in the settlement conference. Signed by Hanly A. Ingram. (KJA)cc: COR, London Diary
September 24, 2015 ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #68 Response to Order to Show Cause (RBB)
September 23, 2015 Filing 68 RESPONSE TO ORDER TO SHOW CAUSE by Inez Middleton(as Parent of minor child and as) #67 filed by Inez Middleton(as Parent of minor child and as). (Oppegard, Tony)
September 21, 2015 Opinion or Order Filing 67 ORDER: This matter was scheduled for a telephonic conference on September 21, 2015, at 11:30 a.m. to discuss the joint motion for settlement conference. D.E. #65 . At the scheduled date and time, counsel for Intervening Plaintiff, Kentucky Employers' Mutual Insurance Company, appeared on the call, but counsel for Plaintiff Inez Middleton did not. Therefore, the Court ORDERS that on or before Thursday, September 24, 2015, Plaintiff's counsel SHALL file a notice in the record to show cause for his failure to appear on today's call. The Court further ORDERS that the telephonic conference is RESCHEDULED for Monday, September 28, 2015, commencing at 1:00 p.m. The dial-in information will be the same as that previously provided pursuant to the Court's Order of September 8, 2015 (D.E. #66 ). Re #66 Unredacted Order, and #65 Redacted Order. (TELEPHONE CONFERENCE set for 9/28/2015 at 01:00 PM in LONDON before Magistrate Judge Hanly A. Ingram.) (Show Cause Response due by 9/24/2015.) Signed by Magistrate Judge Hanly A. Ingram on 9/21/2015.(RBB)cc: COR
September 8, 2015 Opinion or Order Filing 66 UNREDACTED ORDER re #65 Redacted Order. cc: service electronically to ECF COR. COUNSEL OF RECORD ARE DIRECTED TO LOG-IN TO CM/ECF TO VIEW THE DOCUMENT. Signed by Magistrate Judge Hanly A. Ingram on 9/8/2015.(RBB)cc: COR
September 8, 2015 Opinion or Order Filing 65 REDACTED ORDER: On September 4, 2015, the Plaintiffs and Intervening Plaintiff, through counsel, filed a joint motion for settlement conference. D.E. #64 . ORDERED that a telephonic conference, for counsel only, is scheduled for Monday, September 21, 2015, commencing at 11:30 a.m. to discuss the motion. To join the teleconference, the parties are DIRECTED to the UNREDACTED ORDER. The Clerk is DIRECTED to make the unredacted Order accessible to counsel of record electronically, as a restricted document accessible only by case participants, and docket ONLY the redacted Order.(TELEPHONE CONFERENCE set for 9/21/2015 at 11:30 AM in LONDON before Magistrate Judge Hanly A. Ingram.) Signed by Magistrate Judge Hanly A. Ingram on 9/8/2015.(RBB)cc: COR
September 4, 2015 Filing 64 MOTION for Hearing by KEMI and Inez Middleton for settlement conference Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Feld, Timothy) Modified on 9/8/2015 (RBB).
September 4, 2015 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review. (RBB)
August 18, 2015 Opinion or Order Filing 63 ORDER: IT IS HEREBY ORDERED that the Court's show cause order (D.E. #61 ) is DISCHARGED as satisfied. In the future, however, Plaintiff's counsel is expected to strictly comply with all deadlines in this case and in any other cases in this Court in which he enters an appearance. IT IS FURTHER ORDERED that any request to reschedule the settlement conference SHALL be made on or before September 4, 2015. Signed by Magistrate Judge Hanly A. Ingram on 08/18/2015.(KJA)cc: COR
August 18, 2015 ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #62 Response to Order to Show Cause. (KJA)
August 17, 2015 Filing 62 RESPONSE TO ORDER TO SHOW CAUSE by Inez Middleton(as Parent of minor child and as) #61 filed by Inez Middleton(as Parent of minor child and as). (Oppegard, Tony)
August 14, 2015 Opinion or Order Filing 61 ORDER : Plaintiff SHALL SHOW CAUSE for her failure to comply with the Court's June 29, 2015 Order (D.E. #54 ) on or before Monday, August 17, 2015, at 12:00 p.m. IT IS FURTHER ORDERED that the settlement conference is CANCELLED.. Signed by Magistrate Judge Hanly A. Ingram on 8/14/15.(SYD)cc: COR, Lex. Diary. Modified on 8/14/2015 (SYD).
July 23, 2015 Opinion or Order Filing 60 AGREED ORDER: IT IS HEREBY ORDERED that Caterpillar Inc. is excused from participation in the August 19, 2015, settlement conference. Signed by Magistrate Judge Hanly A. Ingram on 07/23/2015. (MRS)cc: COR
July 23, 2015 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: re #59 Proposed Agreed Order/Stipulation excusing Caterpillar from participation in August 19, 2015 Settlement Conference by Caterpillar, Inc., KEMI, Inez Middleton (MRS)
July 22, 2015 Filing 59 Proposed Agreed Order/Stipulation excusing Caterpillar from participation in August 19, 2015 Settlement Conference by Caterpillar, Inc., KEMI, Inez Middleton. (Miller, Byron)
July 10, 2015 Filing 58 REPLY to Response to Motion re #52 MOTION for Hearing by KEMI filed by KEMI. (Feld, Timothy)
July 10, 2015 ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #52 MOTION for Hearing by KEMI (SYD)
July 8, 2015 Filing 57 RESPONSE in Opposition re #52 MOTION for Hearing by KEMI filed by Inez Middleton(as Parent of minor child and as). (Oppegard, Tony)
July 8, 2015 Opinion or Order Filing 56 ORDER: granting #55 Motion for Extension of Time. Any response to KEMI's motion for hearing (D.E. #52 ) SHALL be filed on or before July 8, 2015. IT IS FURTHER ORDERED that KEMI SHALL have up to and including July 15, 2015, to file any reply. Signed by Magistrate Judge Hanly A. Ingram on 7/8/15. (SYD)cc: COR
July 8, 2015 ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #55 CONSENT MOTION for Extension of Time by Inez Middleton (RBB)
July 7, 2015 Filing 55 CONSENT MOTION for Extension of Time by Inez Middleton(as Parent of minor child and as) Motions referred to Hanly A. Ingram. (Oppegard, Tony)
June 29, 2015 Opinion or Order Filing 54 ORDER: Court HEREBY ORDERS that a settlement conference is scheduled for Wednesday, August 19, 2015, commencing at 9:30 a.m. at the United States Courthouse in Lexington, Kentucky. The parties shall abide by the instructions governing the settlement conference. By no later than seven (7) days prior to the settlement conference, each party shall email an ex parte conference statement to chambers. ( SETTLEMENT CONFERENCE set for 8/19/2015 at 09:30 AM in LEXINGTON before Magistrate Judge Hanly A. Ingram.) Signed by Magistrate Judge Hanly A. Ingram on 6/29/2015.(RBB)cc: COR, Lexington Court Diary
June 25, 2015 Filing 53 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 6/25/2015 before Magistrate Judge Hanly A. Ingram: 1. The Motion to Intervene by KEMI is GRANTED, DE #47. The Clerk is directed to docket the tendered Intervening Complaint (D.E. #47 -1). 2. Responses to KEMIs motion for hearing, DE #52 , shall be filed not later than July 7, 2015. Any reply shall be filed not later than July 14, 2015. 3. Counsel are directed to discuss safeguarding of the settlement funds. If no agreement can be reached, counsel are granted relief to file a motion. 4. The parties requested a court-conducted settlement conference. A separate Order will issue with regard to a settlement conference. 5. The portion of the hearing discussing the existing settlement agreement through completion of the hearing shall remain sealed and if transcribed shall be filed UNDER SEAL. (Tape #KYED-LON_6-13-CV-28-HAI_20150625_110018.) Signed by Hanly A. Ingram. (KJA)cc: COR
June 24, 2015 Filing 52 MOTION for Hearing by KEMI Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Affidavit of Amy Griffin, #2 Proposed Order)(Feld, Timothy)
June 23, 2015 Opinion or Order Filing 51 REDACTED ORDER: ORDERED that a telephonic conference, for counsel only and on the record, is scheduled for Thursday, June 25, 2015, commencing at 11:00 a.m. to discuss the motion to intervene and the status of any settlement. Counsel for KEMI SHALL participate in the call as instructed in the Unredacted Order. The Clerk is DIRECTED to make the unredacted Order accessible to counsel of record electronically, as a restricted document accessible only by case participants, and docket ONLY the redacted Order. (TELEPHONE CONFERENCE set for 6/25/2015 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram.) Signed by Magistrate Judge Hanly A. Ingram on 6/23/2015.(RBB)cc: COR (Additional attachment(s) added on 6/23/2015: #1 Unredacted Order) (RBB).
June 19, 2015 ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #50 JOINT MOTION to Dismiss by Caterpillar, Inc., Inez Middleton (RBB)
June 18, 2015 Filing 50 JOINT MOTION to Dismiss by Caterpillar, Inc., Inez Middleton (Attachments: #1 Proposed Order)(McGlinchey, Deirdre)
June 18, 2015 ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re: #49 Notice of Compliance With Court's Order [Record #42 . (RBB)
June 17, 2015 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #49 Notice of Compliance With Court's Order [Record #42 ]. (RBB)
June 16, 2015 Filing 49 NOTICE by Inez Middleton(as Parent of minor child and as) re #42 Order on Motion for Miscellaneous Relief,, of Compliance with Court's Order (Oppegard, Tony)
June 15, 2015 Opinion or Order Filing 48 ORDER: On June 12, 2015, Kentucky Employers' Mutual Insurance Company, through counsel, filed a Motion to Intervene. D.E. #47 . ORDERED that all parties SHALL respond on or before Monday, June 22, 2015. Failure to respond shall be construed as indicating no objection. (Responses due by 6/22/2015) Signed by Magistrate Judge Hanly A. Ingram on 6/15/2015.(RBB)cc: COR
June 12, 2015 Attorney Update. Attorney Morgan Jenkins Fitzhugh for KEMI added. (RBB)
June 12, 2015 Filing 47 MOTION to Intervene by KEMI Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Intervening Complaint, #2 Proposed Order)(Feld, Timothy)
June 3, 2015 Opinion or Order Filing 46 ORDER: Plaintiff, through counsel, has moved for an order extending the date for compliance with the Court's Order of April 28, 2015, to June 16, 2015. D.E. #43 . Defendant, through counsel, objects. D.E. #45 . Reluctantly, the Court GRANTS the motion, because denying it serves no purpose at this juncture. However, if the steps required by the Court's April 28, 2015 Order are not completed by June 16, 2015, the undersigned may very well recommend to District Judge Bunning that the case be dismissed. Granting #43 Motion for Extension of Time to File. Signed by Magistrate Judge Hanly A. Ingram on 6/3/2015. (RBB)cc: COR
June 1, 2015 Filing 45 RESPONSE to Motion re #43 MOTION for Extension of Time to File by Inez Middleton(as Parent of minor child and as) filed by Caterpillar, Inc.. (McGlinchey, Deirdre)
May 29, 2015 Opinion or Order Filing 44 ORDER: On May 28, 2015, Plaintiffs, through counsel, filed a motion for an extension of time to provide the documents necessary to finalize settlement. D.E. #43 . ORDERED that Defendant SHALL respond to Plaintiffs' motion (D.E. #43 ) on or before Tuesday, June 2, 2015. Signed by Magistrate Judge Hanly A. Ingram on 5/29/2015.( Responses due by 6/2/2015)(RBB)cc: COR
May 28, 2015 Filing 43 MOTION for Extension of Time to File by Inez Middleton(as Parent of minor child and as) Documents Necessary to Finalize Settlement Motions referred to Hanly A. Ingram. (Oppegard, Tony) Modified on 5/29/2015 to further describe (JMB).
April 28, 2015 Opinion or Order Filing 42 ORDER: 1) Because the parties have entered into an enforceable settlement agreement, Plaintiffs SHALL provide Defendant with the information needed to distribute the agreed-upon settlement funds, including the identity of the person or persons to which payment is to be made, as well as completed W-9 forms for each payee; 2) Plaintiffs SHALL execute a valid release in a form provided by Defendant; and 3) The parties SHALL execute and file an agreed order of dismissal. Signed by Magistrate Judge Hanly A. Ingram on 4/28/2015. (RBB)cc: COR
April 22, 2015 ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #34 MOTION to Enforce Settlement by Caterpillar, Inc. (RBB)
April 21, 2015 Filing 41 RESPONSE to Motion re #34 MOTION to Enforce Settlement by Caterpillar, Inc. filed by Inez Middleton(as Parent of minor child and as). (Oppegard, Tony)
April 10, 2015 Opinion or Order Filing 40 ORDER: On April 8, 2015, Defendant, through counsel, filed a motion to enforce settlement. D.E. #34 . In order to expeditiously address this matter, IT IS HEREBY ORDERED that Plaintiffs SHALL file a response on or before Monday, April 20, 2015. Defendant SHALL file any reply on or before Monday, April 27, 2015. The matter will then stand submitted for decision. Signed by Magistrate Judge Hanly A. Ingram on 04/10/2015.(KJA)cc: COR
April 10, 2015 Opinion or Order Filing 39 ORDER: IT IS HEREBY ORDERED that Caterpillars Motion for Leave to File Exhibits Under Seal #37 is GRANTED. Signed by Magistrate Judge Hanly A. Ingram on 04/10/2015. (KJA)cc: COR
April 9, 2015 Filing 38 SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re #37 MOTION for leave to Seal a Document #34 MOTION to Enforce Settlement by Caterpillar, Inc. by Caterpillar, Inc. by Caterpillar, Inc. (Attachments: #1 Exhibit) (Miller, Byron) Modified text to state sealed pursuant to D.E. #38 on 4/10/2015 (KJA).
April 9, 2015 Filing 37 MOTION for leave to Seal a Document #34 MOTION to Enforce Settlement by Caterpillar, Inc. by Caterpillar, Inc. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Miller, Byron)
April 9, 2015 Opinion or Order Filing 36 ORDER: re #35 Motion for leave to Seal Document #35 MOTION for leave to Seal a Document #34 MOTION to Enforce Settlement by Caterpillar, Inc. by Caterpillar, Inc.: Defendants Motion (D.E. 35) is DENIED WITHOUT PREJUDICE to the filing of a motion that complies with Joint General Order 11-01. The Court will consider the requested relief upon the filing of a proper motion.. Signed by Magistrate Judge Hanly A. Ingram on 4/9/2015. (JMB)cc: COR
April 8, 2015 Filing 35 MOTION for leave to Seal a Document #34 MOTION to Enforce Settlement by Caterpillar, Inc. by Caterpillar, Inc. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Miller, Byron)
April 8, 2015 Filing 34 MOTION to Enforce Settlement by Caterpillar, Inc. Motions referred to Hanly A. Ingram. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Miller, Byron)
March 20, 2015 Filing 33 TRANSCRIPT of Proceedings: TELEPHONE CONFERENCE held on 10/24/2014 before Judge Hanly A. Ingram. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Deirdre McGlinchey, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/22/2015.
March 3, 2015 ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review. (RBB)
October 24, 2014 Filing 32 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/24/2014. before Magistrate Judge Hanly A. Ingram: The Court heard from counsel concerning finalization of a settlement agreement reached between the parties. ORDERED as follows: 1. Counsel for Plaintiff is DIRECTED to be more responsive and cooperative regarding finalization of the settlement. 2. Not later than October 31, 2014, counsel for Plaintiff shall report to counsel for Defendant regarding the progress of negotiating the workers' compensation leins. (Court Reporter Joan Averdick.) Signed by Hanly A. Ingram. (RBB)cc: COR
October 20, 2014 Opinion or Order Filing 31 REDACTED ORDER: On October 17, 2014, Defendant, through counsel, filed a Motion for a Status Conference to discuss the finalization of a settlement agreement purportedly reached by the parties. D.E. #30 . ORDERED THAT a telephonic conference, for counsel only and on the record, is scheduled for Friday, October 24, 2014, commencing at 11:00 a.m. to discuss the status of any settlement. (See Unredacted Order for details) Signed by Magistrate Judge Hanly A. Ingram on 10/20/2014. (RBB)cc: COR, London Court Diary (Additional attachment(s) added on 10/20/2014: #1 UNREDACTED ORDER) (RBB).
October 20, 2014 Set/Reset Hearings: TELEPHONIC STATUS CONFERENCE set for 10/24/2014 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram pursuant to #31 REDACTED ORDER. (RBB)
October 17, 2014 Filing 30 MOTION for Hearing by Caterpillar, Inc. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Miller, Byron)
June 5, 2014 Opinion or Order Filing 29 ORDER: Plaintiffs' consent motion (D.E. #28 ) is GRANTED, and thelatest Amended Scheduling Order (D.E. #24 ) is amended as follows: (1) Rule 26(a)(2) expert witness disclosures/reports from Defendant Reports on or before September 8, 2014; (2) Expert depositions; deposition of Plaintiffs' experts on or before August 19, 2014; deposition of Defendant's experts on or before November 7, 2014; (3) All discovery on or before November 20, 2014; (4) Status Report on or before November 20, 2014 (close of discovery); (5) Dispositive motions on or before January 9, 2015; (6) Daubert motions on or before January 30, 2015; (7) Copies of Memoranda; A court courtesy copy of briefs and memoranda in support of motions must be provided TO CHAMBERS within 48 hours of electronic filing; said courtesy copy should be in paper form or electronic format (using Word or WordPerfect) e-mailed to Judge Bunning's Chambers. Signed by Magistrate Judge Hanly A. Ingram on 6/5/2014. (RBB)cc: COR
June 5, 2014 NOTICE OF DEFICIENCY TO Tony Oppegard re #28 CONSENT MOTION for Extension of Time by Inez Middleton(as Parent of minor child; attorney failed to submit a proposed order as an electronic attachment to the motion; Entry by attorney; within 7 calendar days, file the Notice using the event "Notice of Filing" (with a certificate of service) attach the proposed order, and create a link to the related docket entry. cc: COR (RBB)
June 4, 2014 Filing 28 CONSENT MOTION for Extension of Time by Inez Middleton(as Parent of minor child and as) Motions referred to Hanly A. Ingram. (Oppegard, Tony)
May 20, 2014 Filing 27 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 5/20/2014; before Magistrate Judge Hanly A. Ingram: IT IS ORDERED as follows: 1. The oral motion of Defendant to extend the deadline to depose plaintiff's expert witnesses,and to extend defendant's expert disclosure deadline is GRANTED. 2. Plaintiff's expert witness depositions SHALL occur on or before June 6, 2014. 3. Defendant's expert disclosure deadline is extended to June 26, 2014. 4. All other deadlines remain as scheduled, DE #24 . 5. Counsel were reminded of the meet and confer requirement for discovery disputes. DE #10 . (Court Reporter Sandy Wilder.) Signed by Hanly A. Ingram. (RBB)cc: COR
May 20, 2014 ORAL MOTION to ext ddls to depose plf's expert witnesses by dfts Motions referred to Hanly A. Ingram. (RBB)
May 19, 2014 Opinion or Order Filing 26 ORDER: that the discovery dispute teleconference currently set for May 19, 2014, is RESCHEDULED to May 20, 2014, commencing at 3:00 p.m. The dial-in information will be the same as that previously provided to counsel of record via facsimile pursuant to the Court's first Order dated May 19, 2014 (D.E. #25 - 1). (TELEPHONE CONFERENCE set for 5/20/2014 at 03:00 PM in LONDON before Magistrate Judge Hanly A. Ingram.) Signed by Magistrate Judge Hanly A. Ingram on 5/19/2014.(RBB)cc: COR
May 19, 2014 Opinion or Order Filing 25 ORDER: Counsel for Defendant Caterpillar, Inc. has advised the Court that there is a discovery dispute between the parties and requests a telephonic conference. The Court SCHEDULES the TELEPHONE CONFERENCE set for 5/19/2014 at 03:00 PM in LONDON before Magistrate Judge Hanly A. Ingram. This call, which the Court will take from Chambers in London, Kentucky, requires a court reporter. The Clerk is DIRECTED to forward this unredacted Order to counsel, via facsimile, and docket ONLY the redacted Order. Signed by Magistrate Judge Hanly A. Ingram on 05/19/2014.(KJA)cc: COR, London Diary (Additional attachment(s) added on 5/19/2014: #1 Unredacted Order) (KJA).
March 26, 2014 Opinion or Order Filing 24 AMENDED SCHEDULING ORDER: Pursuant to FRCP 16(b)(4), the Court hereby amends Docket Entry #21 as follows: (1) Rule 26(a)(2) expert witness disclosures/reports from Dft - Disclosures on or before 5/2/14; Reports on or before 6/5/14; (2) Expert Depositions - Plas's experts on or before 5/19/14; Dft's experts on or before 7/7/14; (3) All discovery by 7/18/14; (4) Status report on or before 7/18/14; (5) Dispositive motions due 9/5/14; (6) Daubert motions by 9/30/14; (7) Copies or Memoranda - courtesy copy of briefs and memoranda in support of motions must be provided TO CHAMBERS w/in 48 hours of electronic filing. Signed by Magistrate Judge Hanly A. Ingram on 03/26/2014. (KJA)cc: COR
March 26, 2014 ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #23 CONSENT MOTION for Extension of Time by Caterpillar, Inc., Inez Middleton to Extend Litigation Schedule Deadlines by Thirty (30) Days (SYD)
March 26, 2014 Set/Reset Deadlines: Dispositive Motions due by 9/5/2014. Discovery due by 7/18/2014. (KJA)
March 25, 2014 Filing 23 CONSENT MOTION for Extension of Time by Caterpillar, Inc., Inez Middleton to Extend Litigation Schedule Deadlines by Thirty (30) Days Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(McGlinchey, Deirdre)
February 11, 2014 Filing 22 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 2/11/2014 before Magistrate Judge Hanly A. Ingram: Counsel advised the Court that the case is proceeding according to the deadlines set forth in the Scheduling Order. Counsel was reminded that the test for any further extension of the deadlines would be whether the requesting party has pursued discovery diligently. Counsel advised the Court that no discovery issues currently require the Court's attention. The Court asked counsel if any other pretrial issues required the Court's attention. Counsel informed the Court that no other issues require the Court's attention at this time. (Court Reporter No Court Reporter.) Signed by Hanly A. Ingram. (RBB)cc: COR
January 16, 2014 Opinion or Order Filing 21 AMENDED SCHEDULING ORDER: 1) Pursuant to Federal Rule of Civil Procedure 16(b) (4), the Court hereby amends D.E. 18 as follows: DEADLINES AND CASE SCHEDULE (A) Rule 26(a)(2) expert witness disclosures/reports from Plaintiffs Reports on or before March 17, 2014 from Defendant Disclosures on or before April 3, 2014 Reports on or before May 5, 2014; (B) Expert depositions deposition of Plaintiffs' experts on or before April 17, 2014 deposition of Defendant's experts on or before June 5, 2014 (C) All discovery on or before June 16, 2014; Supplementation under Rule 26(e)(1) must also be completed by the above date. (D) Status Report on or before June 16, 2014 (close of discovery) (E) Dispositive motions on or before August 4, 2014; (F) Daubert motions on or before August 31, 2014; (G) Copies of Memoranda; A court courtesy copy of briefs and memoranda in support of motions must be provided TO CHAMBERS within 48 hours of electronic filing; said courtesy copy should be in paper form or electronic format (using Word or WordPerfect) mailed to Judge Bunning's Chambers; 2) IT IS FURTHER ORDERED THAT during the telephonic conference call scheduled for February 11, 2014 at 1:00 p.m., counsel SHALL be prepared to report on all discovery progress and be prepared to discuss scheduling monthly status conferences to be conducted by the Court. (Discovery due by 6/16/2014., Dispositive Motions due by 8/4/2014., Status Report due by 6/16/2014.), ORDER, Motions terminated: #19 JOINT MOTION for Extension of Time to Complete Discovery by Inez Middleton (as Parent of minor child and as) filed by Inez Middleton, Caterpillar, Inc. Signed by Magistrate Judge Hanly A. Ingram on 1/16/2014.(RBB)cc: COR
January 16, 2014 Filing 20 NOTICE OF FILING by Inez Middleton(as Parent of minor child and as) re #19 JOINT MOTION for Extension of Time to Complete Discovery by Inez Middleton(as Parent of minor child and as) (Attachments: #1 Proposed Order Granting Motion to Extend)(Oppegard, Tony)
January 16, 2014 NOTICE OF DEFICIENCY TO Tony Oppegard re #19 JOINT MOTION for Extension of Time to Complete Discovery by Inez Middleton (as Parent of minor child); attorney failed to submit a proposed order as an electronic attachment to the motion; Entry by attorney; within 7 calendar days, file the Notice using the event "Notice of Filing" (with a certificate of service) attach the proposed order, and create a link to the related docket entry. cc: COR (RBB)
January 15, 2014 Filing 19 JOINT MOTION for Extension of Time to Complete Discovery by Inez Middleton(as Parent of minor child and as) and Caterpillar, Inc. Motions referred to Hanly A. Ingram. (Oppegard, Tony) Modified on 1/16/2014 (RBB). (Additional attachment(s) added on 1/16/2014: #1 Proposed Order) (RBB).
August 30, 2013 Opinion or Order Filing 18 AMENDED SCHEDULING ORDER : Counsel updated the Court as to the progress of the case and explained the need to extend the discovery deadlines by ninety (90) days as opposed to the sixty (60) originally proposed. A) Rule 26(a)(2) expert witness disclosures/reports from Plaintiffs ;Disclosures - on or before December 2, 2013Reports - on or before January 15, 2014 ; from DefendantDisclosures - on or before February 3, 2014; Reports - on or before March 3, 2014 (B) Expert depositions-deposition of Plaintiffs' experts - on or before February 17, 2014; deposition of Defendant's experts - on or before April 1, 2014. (C) All discovery - on or before April 15, 2014 (D) Status Report - on or before April 15, 2014 (close of discovery). (E) Dispositive motions - on or before June 2, 2014.(F) Daubert motions - on or before June 30, 2014 (G) Copies of MemorandaA court courtesy copy of briefs and memoranda in support of motions must beprovided TO CHAMBERS. 2) Plaintiffs SHALL respond to Defendants outstanding discovery requests on orbefore September 5, 2013. Signed by Magistrate Judge Hanly A. Ingram on 8/30/13.(SYD)cc: COR
August 30, 2013 Set/Reset Deadlines: Status Report due by 4/15/2014. (SYD)
August 29, 2013 Opinion or Order Filing 17 AMENDED SCHEDULING ORDER: The Motion for Extension of Time #13 to Reschedule the Telephonic Conference is DENIED as moot. IT IS HEREBY ORDERED THAT: 1) Pursuant to FRCP 16(b)(4), the Court hereby amends D.E. #10 as follows: (A) Rule 26(a)(2) expert witness disclosures/reports - from Plas Disclosures - by 12/2/13, Reports by 11/15/13, from Dft - Disclosures by 2/3/14, Reports by 3/3/14. These reports should not be filed in the Court record. (B) Expert depos of Plas' experts by 2/17/14, of Dft's experts by 4/1/14; (C) Discovery by 4/15/14; (D) Status Report by 4/15/14; (E) Dispositive mtns by 6/2/14; (F) Daubert mtns by 6/30/14; (G) Copies of Memoranda in support of mtns must be provided TO CHAMBERS w/in 48 hrs; 2) Plas SHALL respond to Dft's outstanding discovery requests on or before 9/5/13.. Signed by Magistrate Judge Hanly A. Ingram on 08/29/2013. (KJA)cc: COR
August 29, 2013 Opinion or Order Filing 16 ORDER: denying #14 Motion for Protective Order, without prejudice to submission of a revised order including items 1-3. Additionally, given the language of paragraph 8 of the proposed Order, counsel are reminded that they are required to comply with General Order 11-01, paragraph 8.1(a)(1). Specifically, a motion for leave to seal is required despite paragraph 8.1(a)(1) of the General Order. Signed by Magistrate Judge Hanly A. Ingram on 08/29/2013. (KJA)cc: COR
August 29, 2013 Set/Reset Deadlines: Dispositive Motions due by 6/2/2014. Discovery due by 4/15/2014. Ddlns set per D.E. #17 . (KJA)
August 29, 2013 Filing 15 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/29/2013, before Magistrate Judge Hanly A. Ingram: This matter was called for a telephonic conference with counsel participating as noted. The Court discussed Plfs' Motion to Extend Litigation Schedule Deadlines (D.E. #13 ). Parties requested an additional 30-day extension beyond the 60-day extension sought in the Motion. The Court will promptly issue an order granting a 90-day extension of the discovery deadlines in this matter. Court will also promptly issue an order regarding the parties' Motion for Protective Order (D.E. #14 ). A follow-up teleconference is SCHEDULED for Tuesday, February 11, 2014 at 1:00 p.m. The dial-in information will be the same as the information used for this call. ( TELEPHONE CONFERENCE set for 2/11/2014 at 01:00 PM in LONDON before Magistrate Judge Hanly A. Ingram.) Counsel advised the Court that they would be unable to comply with the Scheduling Order. Counsel advised the Court that no discovery issues currently require the Court's attention. The Court addressed the possibility of settlement before trial, and advised counsel thatit would promptly conduct a settlement conference upon joint request of the parties. The Court asked counsel if any other pretrial issues required the Court's attention. Counsel informed the Court that no other issues require the Court's attention at this time. Signed by Hanly A. Ingram. (RBB)cc: COR
August 28, 2013 ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #13 MOTION for Extension of litigation deadlines and telephonic conference by Inez Middleton(as Parent of minor child and as) (RBB)
August 28, 2013 ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #14 MOTION for Protective Order by Caterpillar, Inc., Inez Middleton(as Parent of minor child and as), Inez Middleton (RBB)
August 27, 2013 Filing 14 MOTION for Protective Order by Caterpillar, Inc., Inez Middleton(as Parent of minor child and as), Inez Middleton Motions referred to Hanly A. Ingram. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A to Protective Order - Confidentiality Agreement)(McGlinchey, Deirdre) Modified on 8/28/2013 (RBB).
August 27, 2013 Filing 13 MOTION for Extension of scheduled deadlines and telephonic conference by Inez Middleton(as Parent of minor child and as) Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Oppegard, Tony) Modified on 8/28/2013 (RBB).
April 15, 2013 Opinion or Order Filing 12 ORDER:This matter is before the Court on Defendant's motion to admit Hon. Deirdre C. McGlinchey to appear pro hac vice. D.E. #8 . Having determined that Ms. McGlinchey has met the requirements set forth in Local Civil Rule 83.2, IT IS ORDERED THAT Defendant's motion is GRANTED. Granting #8 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Hanly A. Ingram on 4/15/2013. (RBB)cc: COR
April 15, 2013 Opinion or Order Filing 11 REDACTED ORDER: TELEPHONE CONFERENCE, for counsel only, set for 8/29/2013 at 01:30 PM before Magistrate Judge Hanly A. Ingram, to discuss the schedule, discovery process, potential settlement options, and any pretrial concerns raised by the respective parties. To join the teleconference, the parties are DIRECTED to follow steps listed. Clerk is DIRECTED to file the redacted Order in the record and to forward a copy of the unredacted Order to counsel via fax. Signed by Magistrate Judge Hanly A. Ingram on 4/15/2013.(JMB)cc: COR (Additional attachment(s) added on 4/15/2013: #1 Unredacted Order) (JMB).
April 12, 2013 Opinion or Order Filing 10 SCHEDULING ORDER:(A) DEADLINES AND CASE SCHEDULE; (1) Rule 26(a)(1) disclosures - on or before April 16, 2013; These disclosures should not be filed in the Court record. (2) Motions to join parties or amend pleadings - on or before April 30, 2013; (3) Rule 26(a)(2) expert witness disclosures/reports - from Plaintiffs; Disclosures - on or before September 1, 2013; Reports - on or before October 1, 2013 from Defendant; Disclosures - on or before October 15, 2013; Reports - on or before November 15, 2013; Discovery due by 1/13/2014. Amended Pleadings due by 4/30/2013. Motion to Join Additional Parties due by 4/30/2013. Dispositive Motions due by 3/1/2014. (4) Expert depositions deposition of Plaintiffs' experts - on or before November 1, 2013;deposition of Defendant's experts - on or before December 15, 2013; (5) All discovery - on or before January 13, 2014; (6) Status Report - on or before January 13, 2014 (close of discovery); (7) Dispositive motions - on or before March 1, 2014; (8) Daubert motions - on or before March 31, 2014; (9) Copies of Memoranda: A court courtesy copy of briefs and memoranda in support of motions must be provided TO CHAMBERS within 48 hours of electronic filing; said courtesy copy should be in paper form or electronic format (using Word or WordPerfect) e-mailed to Judge Bunning's Chambers; (B) REFERRAL TO MAGISTRATE JUDGE & PRE-TRIAL DISCOVERY PROCEDURE (1) This case is hereby referred to Magistrate Judge Hanly A. Ingram to supervise discovery and pretrial proceedings.(2) Discovery disputes shall be resolved in the following manner: (a) Parties shall meet and/or confer in an attempt to resolve disputes between themselves, without judicial intervention; (b) if the parties are unable to resolve such disputes informally, they shall attempt to resolve their disagreement by telephone conference with the Magistrate Judge; (c) if, and only if, the parties are unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court. Written motions regarding discovery shall include the certification required by Local Rule 37.1. Signed by Judge David L. Bunning on 4/12/2013. (RBB)cc: COR
April 12, 2013 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #9 Status Report (RBB)
April 11, 2013 Filing 9 JOINT STATUS REPORT by Caterpillar, Inc., Inez Middleton(as Parent of minor child and as). (Miller, Byron)
April 9, 2013 BAR STATUS Check completed as to Deirdre C. McGlinchey re #8 MOTION for Deirdre C. McGlinchey to Appear Pro Hac Vice by Caterpillar, Inc. ( Filing fee $95; receipt number 0643-2609420). (RBB)
April 9, 2013 ***MOTION SUBMITTED TO CHAMBERS of Davide L. Bunning for review: re #8 MOTION for Deirdre C. McGlinchey to Appear Pro Hac Vice by Caterpillar, Inc. ( Filing fee $95; receipt number 0643-2609420) (RBB)
April 8, 2013 Attorney Update. Attorney Deirdre C. McGlinchey for Caterpillar, Inc. added. (RBB)
April 8, 2013 Filing 8 MOTION for Deirdre C. McGlinchey to Appear Pro Hac Vice by Caterpillar, Inc. ( Filing fee $95; receipt number 0643-2609420) (Attachments: #1 Affidavit of Deirdre McGlinchey, #2 Certificate of Good Standing for McGlinchey, #3 Proposed Order)(Miller, Byron)
March 12, 2013 Opinion or Order Filing 7 ORDER FOR MEETING AND REPORT: (1) Within twenty-one (21) days from the date of service of this Order, the parties, by counsel, shall meet; (2) Within ten (10) days after the meeting, the parties shall file a joint status report; Should the parties find that a joint report is not possible, the parties shall each file individual reports which the Court shall entertain for the purposes of setting out its Scheduling Order. Rule 26 Meeting Report due by 4/10/2013. Signed by Judge David L. Bunning on 3/12/2013. (Attachments: #1 Consent Form)(RBB)cc: COR
March 11, 2013 Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Caterpillar, Inc.. (Miller, Byron)
March 11, 2013 Filing 5 ANSWER to Complaint with Jury Demand to Plaintiffs' Amended Complaint by Caterpillar, Inc..(Miller, Byron)
February 4, 2013 Filing 4 Summons Issued as to Caterpillar, Inc.; Summons issued and returned to counsel electronically. (RBB)
February 4, 2013 Filing 3 REDACTED AMENDED COMPLAINT v. Caterpillar, Inc. against Inez Middleton(as Parent of minor child and as), filed by Inez Middleton(as Parent of minor child and as), Inez Middleton, Inez Middleton. (Attachments: #1 Redacted Summons)(Oppegard, Tony) Modified on 2/5/2013 (RBB).
February 4, 2013 Opinion or Order Filing 2 ORDER re #1 Unredacted Complaint, filed by Inez Middleton. IT IS ORDERED as follows: (1) The Clerk shall seal the Complaint (Doc. #1 ), with access thereto restricted to Court personnel and counsel of record; (2) Plaintiff shall file an Amended Complaint within seven (7) days that properlyreflects the name of minor Plaintiff by initials only; (3) All future filings by the parties shall comply with the Court's Joint General Order and Rule 5.2 of the Federal Rules of Civil Procedure by identifying the minor Plaintiff by initials only.. Signed by Judge David L. Bunning on 02/04/2013.(KJA)cc: COR
February 4, 2013 Conflict Check run. (KJA)
February 1, 2013 Filing 1 UNREDACTED COMPLAINT ( Filing fee $350; receipt number 0643-2556136), filed by Inez Middleton(as Parent and Next Friend of MAM), Inez Middleton, Inez Middleton. (Attachments: #1 Proposed Summons to Caterpillar, Inc., #2 Civil Cover Sheet, #3 Case Assignment)(KJA) Modified on 2/4/2013 (RBB). NOTE: Unredacted Complaint filed pursuant to #2 Order at DE #3 .

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Search for this case: Middleton et al v. Caterpillar, Inc.
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Plaintiff: Inez Middleton
Represented By: Tony Oppegard
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Intervenor plaintiff: KEMI
Represented By: Morgan Jenkins Fitzhugh
Represented By: Timothy C. Feld
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Defendant: Caterpillar, Inc.
Represented By: Byron N. Miller
Represented By: Deirdre C. McGlinchey
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