Certain Underwriters At Interest At Lloyd's of London v. Caterpillar, Inc.
| Certain Underwriters At Interest At Lloyd's of London |
| Unknown Defendants, Caterpillar, Inc., Paccar, Inc. and Peterbilt |
| 7:2009cv00071 |
| May 22, 2009 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Pike |
| Edward B Atkins |
| Gregory F Van Tatenhove |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 16 AGREED ORDER OF DISMISSAL: the Plaintiff s Complaint, and all claims therein against the Defendants Caterpillar, Inc., Paccar, Inc. and Peterbilt, a Division of Pac car, Inc., and the Unknown Defendant(s) is hereby dismissed in its entirety with prejudice, each party to bear their own costs. There being no just cause for delay, this is a final and appealable Order. Signed by Gregory F. VanTatenhove on 10/21/10.(MJY)cc: COR, W/NOE |
| ***FILE SUBMITTED TO CHAMBERS of GREGORY F. VAN TATENHOVE for review: #15 Proposed Agreed Order/Stipulation (MJY) |
| Filing 15 Proposed Agreed Order/Stipulation of Dismissal by Caterpillar, Inc., Certain Underwriters At Interest At Lloyd's of London, Paccar, Inc., Peterbilt, Unknown Defendants. (Murphy, Kevin) |
| Filing 14 Witness List by Certain Underwriters At Interest At Lloyd's of London. (Brock, Forrest) |
Filing 13
ORDER: is hereby ORDERED as follows: 1. The Final Pretrial Conference currently set for March 28, 2011, is RESCHEDULED for Monday, May 9, 2011, at 10:00 a.m. at the United States Courthouse in Pikeville, Kentucky;2. All deadlines in the Scheduling Order R. #9 relative to the final pretrial conference shall be relative to the new date set forth in this Order. Signed by Gregory F. VanTatenhove on 4/6/2010.(MCB)cc: COR
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| Pursuant to Order D.E. 13, Pretrial of 3/28/11 rescheduled to 5/9/11 at 10:00 a.m.. Clerk's Note: Clerk assigned DE 14 to utility event & deleted same and re-entered as utility event. (MCB) |
| ***FILE SUBMITTED TO CHAMBERS of GREGORY F. VAN TATENHOVE for review: #12 Notice of Appearance (MJY) |
| Filing 12 NOTICE of Appearance by Lynsie T. Gaddis on behalf of Paccar, Inc., Peterbilt /Substitution of Counsel (Gaddis, Lynsie) |
| Filing 11 CERTIFICATE OF SERVICE by Certain Underwriters At Interest At Lloyd's of London.(Donahue, Anthony) |
| Filing 10 NOTICE of Change of Law Firm Name by Peterbilt, Paccar, Inc. (York, D.) Modified to add text on 9/23/2009 (MJY). |
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Filing 9
ORDER: Court hereby ORDERS: DISCOVERY 1. ddls to be obsrvd (a) Supplementation of disclos & resp required by R 26(e) due w/in 30 days of disc of new info; (b) R 26(a)(2) rpts fr exprt witn due i. fr Pla 6/1/2010; ii. fr Dfts by 8/1/2010; (c) All disc due 2/1/2011; (d) all suppl exprt opn info be disclosed as required by R. 26(e); 2. Pur FRCP R. 5(d) ptys obsrv follow directives re: filing disc materials unless Court specif orders otherwise: items (a) and (b); 3. Disc disputes be resolved as set out in items (a) thru (c); DISPOSITIVE MOTIONS (a) Ptys have to 12/1/09 to file any mtns to joint addl ptys or amend pldgs; (b) Ptys shall have to 2/1/2011 to file all dispositive mtns w/resp & reply as per LR 7.1(c); FINAL PRETRIAL set for 3/28/2011 at 10:00 a.m. at Pikeville, KY; 2. No later than 14 days pr to Final PTC counsel shall file original and provide to Chambers & opposing counsel all docs set out in items (a) thru (d) due 3/14/2011; 3. Seven days pr to Final PTC counsel shall submit to Court docs set out in items (a) thru (e) due 3/21/2011; 4. At Final PTC counsel for ptys be prepared to comply w/items (a) thru (e); 5. Court Copies In addn to official copies filed w/Clerk following docs be submitted to Chambers electronically (a) witness lists; (b) exhb lists; (c) proposed jury instructions; (d) proposed voir dire questions (e) succinct stmt of case; JURY TRIAL set for 6/27/2011 at 10:00 a.m. at Pikeville, KY. Anticipated length 1 week; EXT OF TIME Requests to modify dates or ddls be submit upon mtn pr to exp of ddl or date in question & show good cause etc. ORDERED matter REFERRED pur 28:636(b)(1)(A) to Mag. Judge Edward B. Atkins for purp: 1. Supervising disc & PT proceeds. 2. Conduct all PT & Status Conf, establish & ext disc ddls & all other ddls etc, ruling on non-dispositive mtns, except mtns in limine. Disptv mtns & mtns in limine will be referred to US District Judge. Subj to other prov of law, Final PTC & Trial will also be before US District Judge unless ptys agreed to trial by Mag Judge pur 28:636(c). Signed by Gregory F. Van Tatenhove on 7/30/09.(MCB)cc: COR
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| IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. #Click here for more information on the rules. In connection with the Federal Privacy Rule, the Court's Privacy Policy may be found on the court website at www.kyed.uscourts.gov. #Read this policy carefully. It is the sole responsibility of counsel and the parties to comply with the rules of this court requiring redaction of personal data identifiers. cc: COR (MCB) |
| ***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: #8 Report of Rule 26(f) Planning Meeting (MJY) |
| Filing 8 REPORT of Rule 26(f) Planning Meeting. (Murphy, Kevin) |
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Filing 7
ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from the date of entry and service of this order, counsel for the parties shall conduct the meeting of parties required by Rule 26(f) to discuss the possibilities for a prompt settlement or resolution of the case and to develop a proposed discovery plan. 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than ten (10) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. This report shall conform to Federal Rules of Civil Procedure Appendix Form 35, and shall include items a through i. 4. In the event this matter involves a corporation or partnership, the party is directed to advise the Court at the time of the submission of the parties joint report of all parent corporations, subsidiaries, affiliates, members and/or partners with which it is associated. Rule 26 Meeting Report due by 8/10/2009. Signed by Gregory F. Van Tatenhove on 6/30/09.(MJY)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of GREGORY VAN TATENHOVE for review: for Issuance of Order for Meeting & Report. #6 Answer to Complaint (Notice of Removal), #3 Answer to Complaint, #1 Notice of Removal. (MJY) |
| Filing 6 ANSWER to Complaint (Notice of Removal) by Caterpillar, Inc.. (Murphy, Kevin) |
| NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO D. Craig York re #5 Disclosure Statement pursuant to FRCP 7.1, #3 Answer to Complaint ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (MJY) |
| Attorney Update. Attorney Emily K. Fritts for Peterbilt and Paccar, Inc. added per #3 . (MJY) |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Peterbilt, Paccar, Inc. identifying Corporate Parent Paccar, Inc. for Paccar, Inc., Peterbilt.. (York, D.) |
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Filing 4
ORDER: The undersigned is required to recuse himself from participation in this action. Accordingly, pursuant to the General Order entered June 23, 2008, it is hereby ORDERED that this action is assigned to the Honorable Gregory F. Van Tatenhove of the United States District Court for the Eastern District of Kentucky. Signed by Judge Amul R. Thapar on 5/26/09.(MJY)cc: COR
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| Filing 3 ANSWER to Complaint with JURY DEMAND by Peterbilt, Paccar, Inc..(York, D.) |
| Conflict Check run. (MJY) |
| ***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: #4 Order of Recusal, (MJY) |
| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Caterpillar, Inc. states it is a publicly held corporation with no parent corporation and upon information and belief no publicly-held corporation owns 10% or more of its stock at this time. (MJY) |
| Filing 1 NOTICE OF REMOVAL from Pike Circuit Court, case number 09-CI-00523. ( Filing fee $350; receipt number 1490283), filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A-Pike County Circuit Court Docket Sheet, #2 Exhibit B-Notice of Filing Notice of Removal, #3 Exhibit C-Consent to Removal, #4 Memorandum in Support, #5 State Court Record, #6 Notice of Filing Notice of Removal-Signed Copy, #7 Civil Cover Sheet, #8 Case Assignment)(MJY) |
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