Rudd Equipment Company, Inc. v. John Deere Construction & Forestry Company
Plaintiff: Rudd Equipment Company, Inc.
Defendant: John Deere Construction & Forestry Company
Petitioner: Mark Burris
Case Number: 3:2014cv00703
Filed: October 21, 2014
Court: US District Court for the Western District of Kentucky
Office: Louisville Office
County: Jefferson
Presiding Judge: David J Hale
Referring Judge: Colin H Lindsay
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 28, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2017 Opinion or Order Filing 127 ORDER by Judge David J. Hale on 7/28/2017 - This action stands DISMISSED without prejudice and is STRICKEN from the Court's active docket. All dates and deadlines are VACATED. cc: Counsel(DAK)
July 27, 2017 Filing 126 Joint MOTION to Dismiss Complaint as Moot by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Proposed Order) (Bush, John)
July 27, 2017 NOTICE OF DOCKET CORRECTION re #126 Joint MOTION to Dismiss Complaint as Moot ; Error:Signature on document & login do not match; Correction:E-Filer called & advised the Court; No further action necessary. (MLG)
July 18, 2017 Opinion or Order Filing 125 Order on Telephonic Status Conference held before Magistrate Judge Colin H. Lindsay on 7/17/2017 - The parties shall file a joint motion to dismiss consistent with the stipulation agreed to in the telephonic status conference by 7/28/2017. (Court Reporter Alan Wernecke.) cc:counsel (DAK)
July 14, 2017 Opinion or Order Filing 124 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 7/14/2017. The Court GRANTS Rudd Equipment Company's request for a status conference (DN 122). The Court will hold a telephonic conference in this matter on July 17, 2017 at 10:00 a.m. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (TLB)
July 14, 2017 Filing 123 Proposed Order re #122 MOTION by Rudd Equipment Company, Inc.. (Croft, William) Modified on 7/14/2017 proposed order attached to Motion (DN #122 ) (JAC).
July 13, 2017 Filing 122 REQUEST FOR STATUS CONFERENCE Regarding Joint Motion to Dismiss filed by Rudd Equipment Company, Inc. (Croft, William) Modified on 7/14/2017 edited docket text for clarification (JAC). (Additional attachment(s) added on 7/14/2017: #1 Proposed Order) (JAC).
June 30, 2017 Opinion or Order Filing 121 Order on Telephonic Status Conference held before Magistrate Judge Colin H. Lindsay on 6/29/2017 - The deadlines set in the June 16, 2017 Memorandum Opinion and Order (DN 118) are VACATED. Rudd's motion to enforce the Agreed Order (DN 80) is WITHDRAWN. The parties' deadline for filing a joint motion to dismiss is July 14, 2017. cc:counsel (DAK)
June 26, 2017 Opinion or Order Filing 120 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 6/26/2017. This matter is scheduled for a telephonic conference 6/27/2017 09:00 AM before Magistrate Judge Colin H. Lindsay. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
June 23, 2017 Filing 119 NOTICE of Withdrawal of Motion to Enforce Agreed Order by Rudd Equipment Company, Inc. re #80 MOTION to Expedite Rudd's Motion to Enforce The Agreed Order (Attachments: #1 Proposed Order) (Croft, William)
June 16, 2017 Opinion or Order Filing 118 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 6/16/2017 - The Court GRANTS in part and DENIES in part Deere's motion for an extension of time (DN 115). The parties' deadline for filing proposed findings of fact and conclusions of law is July 11, 2017. In addition, on July 11, 2017, the parties shall file simultaneous briefs filed separately from the proposed findings and conclusions. Fact and Law Summary due by 7/11/2017. cc: Counsel(DAK)
June 16, 2017 Schedules - Briefs due by 7/11/2017. (DAK)
June 14, 2017 Filing 117 RESPONSE to Motion re #115 MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law on Rudd's Motion to Enforce Agreed Order filed by Rudd Equipment Company, Inc.. (Croft, William)
June 9, 2017 Opinion or Order Filing 116 ORDER by Magistrate Judge Colin H. Lindsay on 6/8/2017 - #80 Motion to Expedite is DENIED. cc: Counsel(DAK)
June 8, 2017 Filing 115 MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law on Rudd's Motion to Enforce Agreed Order by Defendant John Deere Construction & Forestry Company (Attachments: #1 Exhibit A, #2 Proposed Order 1, #3 Proposed Order 2) (Curtis, Cory)
May 30, 2017 Filing 114 NOTICE of Detailed Description of Document(s) filed but not scanned re #113 Memorandum & Opinion, (DAK)
May 24, 2017 Opinion or Order Filing 113 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 5/23/2017 - The Court SUSTAINS Deere's objections to the video deposition of Erik Frazier and Ken Gerondale. The Court DENIES Rudd's motions to admit the video depositions of Erik Frazier and Ken Gerondale. The Court DENIES Rudd's motion to admit Plaintiff's Exhibits 25, 26, 27, 28, and 29. The Court DENIES as moot Deere's alternative motion to admit Defendant's Exhibits 24 and 30 35.cc:counsel (DAK)
May 3, 2017 Filing 112 EXHIBIT INVENTORY by A. Wernacke Court Reporter (DAK)
May 2, 2017 Opinion or Order Filing 111 ORDER on an evidentiary hearing held April 10 and 11, 2017 before Magistrate Judge Colin H. Lindsay - The parties shall simultaneously file proposed findings of fact and conclusions of law within thirty days on the pending evidentiary matters. No responses will be allowed.The Court DENIES as moot Mark Burris's motion to quash (DN 104). cc:counsel (DAK)
April 21, 2017 Filing 110 Notice of Filing Official Transcript re #108 Transcript - Court Official,, #109 Transcript - Court Official,,. Please review the complete Notice for instructions. (DL)
April 21, 2017 Filing 109 FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Volume 2-A) held on 04/11/17, before Judge Colin H. Lindsay. Court Reporter Dena Legg, Telephone number 502-625-3778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/20/2017. (DL)
April 21, 2017 Filing 108 FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Volume 1-B) held on 04/10/17, before Judge Colin H. Lindsay. Court Reporter Dena Legg, Telephone number 502-625-3778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/20/2017. (DL)
April 21, 2017 Filing 107 Notice of Filing Official Transcript re #105 Transcript - Court Official, #106 Transcript - Court Official. Please review the complete Notice for instructions. (AWW)
April 21, 2017 Filing 106 FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Volume 2-B) held on 4/11/2017, before Magistrate Judge Colin H. Lindsay. Court Reporter Alan Wernecke, Telephone number 502-625-3779. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/20/2017. (AWW)
April 21, 2017 Filing 105 FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Volume 1-A) held on 4/10/2017, before Magistrate Judge Colin H. Lindsay. Court Reporter Alan Wernecke, Telephone number 502-625-3779. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/20/2017. (AWW)
April 10, 2017 Filing 104 MOTION to Quash by Movant Mark Burris (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Johnson, Clark)
March 31, 2017 Opinion or Order Filing 103 ORDER by Magistrate Judge Colin H. Lindsay on 3/31/2017; telephonic conference held on 3/30/17; the Court ORDERS the parties to continue cooperating during this brief period of discovery before the hearing. The hearing begins April 10, 2017 at 10:00 a.m. If necessary, the hearing will continue on April 11, 2017 at 10:00 a.m. Counsel shall comply as set forth in this order.cc:counsel (ARM)
March 30, 2017 Court proceedings held before Magistrate Judge Colin H. Lindsay: Telephone Conference held on 3/30/2017. (Court Reporter Alan Wernecke.) (ARM)
March 28, 2017 Opinion or Order Filing 102 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 3/28/2017. Upon request of counsel, this matter is scheduled for a telephonic conference 3/30/2017 11:00 AM before Magistrate Judge Colin H. Lindsay. The Court will initiate call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
March 16, 2017 Opinion or Order Filing 101 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 3/16/2017. The hearing re #80 motion to enforce agreed order begins April 10, 2017 at 10:00 a.m. If necessary, the hearing will continue on April 11, 2017, at 10:00 a.m. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
February 8, 2017 Filing 100 REPLY re #80 MOTION to Expedite Rudd's Motion to Enforce The Agreed Order filed by Rudd Equipment Company, Inc.. (Attachments: #1 Exhibit 1 - Email from Todd Thorson dated Oct. 7, 2014, #2 Exhibit 2 - Deposition of Rockland Bare, November 10, 2016 excerpts) (Croft, William)
February 3, 2017 Opinion or Order Filing 99 ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Telephone Conference held on 1/31/2017: Rudd's deadline for responding to Deeres written discovery requests is 3/3/2017. Rudd may serve its written discovery requests at any time, but no later than 3/3/2017. The parties may take depositions of third parties. The parties may also take depositions of corporate representatives. The parties agreed that no depositions will occur during the February arbitration proceeding. The Court declined to limit the number of depositions under this brief period of discovery. The parties SHALL COOPERATE during this brief period of discovery. The Court's standing order regarding discovery disputes applies. cc: counsel (JBM)
February 2, 2017 Opinion or Order Filing 98 TEXT ORDER by Judge David J. Hale on 2/2/2017 granting #96 Motion for J. Keith Russell to Appear Pro Hac Vice ; granting #97 Motion for David R. Jarrett to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
January 31, 2017 Filing 97 MOTION for David R. Jarrett to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2376540.by Defendant John Deere Construction & Forestry Company (Attachments: #1 Exhibit Affidavit of David R. Jarrett, #2 Exhibit Texas Certificate of Good Standing, #3 Exhibit Indiana Certificate of Good Standing, #4 Proposed Order) (McIntyre, M.) Modified on 2/1/2017 edited docket text for clarification (JAC).
January 31, 2017 Filing 96 MOTION for J. Keith Russell to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2376512.by Defendant John Deere Construction & Forestry Company (Attachments: #1 Exhibit Affidavit of J. Keith Russell, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (McIntyre, M.)
January 30, 2017 Opinion or Order Filing 95 ORDER by Magistrate Judge Colin H. Lindsay on 1/27/2017 granting #92 Motion for a telephonic status conference. Telephonic Status Conference set for 1/31/2017 03:00 PM before Magistrate Judge Colin H. Lindsay. cc: Counsel(DAK)
January 26, 2017 Filing 94 RESPONSE to Rudd's Request for Status Conference, RESPONSE to Motion re #92 MOTION Teleconference ( Replies due by 2/9/2017.) filed by John Deere Construction & Forestry Company. (Curtis, Cory)
January 26, 2017 Filing 93 RESPONSE to Motion re #80 MOTION to Expedite Rudd's Motion to Enforce The Agreed Order filed by John Deere Construction & Forestry Company. (Curtis, Cory)
January 26, 2017 Filing 92 MOTION Teleconference by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Exhibit Curtis-Lyndrup Email String, #2 Exhibit B - 1-13-17 Teleconference Transcript Excerpt, #3 Exhibit C - Croft-Curtis Email re RFP, #4 Proposed Order Proposed Order) (Croft, William)
January 17, 2017 Opinion or Order Filing 91 Order on Telephonic Status Conference held before Magistrate Judge Colin H. Lindsay on 1/13/2017 - The Court ORDERS counsel for John Deere to confer with the client regarding the remaining potential short-term solutions. The Court ORDERS the parties to COOPERATE regarding implementation of the short term solution for the previously approved, but as yet unpaid, discounts. Deere's response to Rudd's motion to enforce the agreed order is due January 26, 2017. Reply due on February 8, 2017. The Court will hold a hearing on Rudd's motion (DN 80) on April 10 and 11, 2017. cc:counsel (DAK)
January 12, 2017 Opinion or Order Filing 90 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 1/12/2017 re #85 motion for status conference. Telephone Conference set for 1/13/2017 03:00 PM EST before Magistrate Judge Colin H. Lindsay. The Court will initiate the call. cc: Counsel(TLB)
January 12, 2017 Opinion or Order Filing 89 TEXT ORDER by Judge David J. Hale on 1/12/2017 granting #84 Motion for Justin T. Winquist to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
January 11, 2017 Opinion or Order Filing 88 ORDER ON TELEPHONIC STATUS CONFERENCE by Magistrate Judge Colin H. Lindsay for telephonic status conference held 1/10/2017. The Court ORDERS counsel for John Deere to confer with the client regarding the potential short-term solutions. The parties SHALL JOINTLY CONTACT Judge Lindsay's case manager on or before 1/13/2017 to schedule a follow-up call. Peggy Lyndrup shall enter an appearance in this matter. The Court GRANTS John Deere's emergency motion for a status conference (DN #81 ). cc:counsel (JWM) (Main Document 88 replaced on 1/12/2017) (JWM).
January 11, 2017 Filing 87 NOTICE of Appearance by Margaret Lyndrup on behalf of Rudd Equipment Company, Inc. (Lyndrup, Margaret)
January 11, 2017 Filing 86 RESPONSE to Motion re #85 MOTION Status Conference on Friday, January 13, 2017 filed by John Deere Construction & Forestry Company. (Curtis, Cory)
January 10, 2017 Filing 85 MOTION Status Conference on Friday, January 13, 2017 by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Proposed Order to Set Status Conference for 1.13.17) (Croft, William)
January 10, 2017 Filing 84 MOTION for Justin T. Winquist to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2362324.by Defendant John Deere Construction & Forestry Company (Attachments: #1 Exhibit Affidavit of Justin T. Winquist, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order) (McIntyre, M.)
January 6, 2017 Opinion or Order Filing 83 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 1/6/2017. Telephone Conference set for 1/10/2017 10:30 AM before Magistrate Judge Colin H. Lindsay re #80 Motion to Expedite, and #81 Motion for Status Conference. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
January 6, 2017 Filing 82 Proposed Order re #81 Emergency MOTION Request for Status Conference re #80 MOTION to Expedite Rudd's Motion to Enforce The Agreed Order by John Deere Construction & Forestry Company. (Curtis, Cory) Modified on 1/9/2017 proposed order attached to motion (JAC).
January 5, 2017 Filing 81 Emergency MOTION Request for Status Conference re #80 MOTION to Expedite Rudd's Motion to Enforce The Agreed Order by Defendant John Deere Construction & Forestry Company (Curtis, Cory) (Additional attachment(s) added on 1/9/2017: #1 Proposed Order) (JAC).
January 4, 2017 Filing 80 MOTION to Expedite Rudd's Motion to Enforce The Agreed Order by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Memorandum in Support, #2 Index of Exhibits, #3 Exhibit A - Declaration of Michael D. Rudd, #4 Exhibit B - Declaration of Bill Maggard, #5 Exhibit C - Distribution Agreement (Hitachi/Rudd), #6 Exhibit D - Distribution Agreemen t(Deere/Rudd), #7 Exhibit E - Jay R. Lytle Expert Report, #8 Exhibit F - US Securities and Exchange Commision Form 10-K, #9 Exhibit G - Lamarque Email re EH1100 for Hinkle, #10 Exhibit H - Thorson Email re Notification of New Red Flag, #11 Exhibit I - Hitachi Forms, #12 Exhibit J - Lamarque Email String re Hitachi Documentation, #13 Exhibit K - Rudd Purchase Order-Sales Agreement Example, #14 Exhibit L - Spreadsheet attached to Lamarque 11.17.16 email, #15 Exhibit M - Ruccolo Letter to Zagar re Euclid Production Distribution, #16 Exhibit N - Deere & Forestry Hitachi Dealer Agreement, #17 Exhibit O - Video Deposition of Rockland Bare Transcript, #18 Proposed Order Granting Motion to Enforce, #19 Proposed Order Granting Briefing Schedule) (Bush, John)
October 3, 2016 Opinion or Order Filing 79 ORDER (EBOC) on telephonic status conference held before Magistrate Judge Colin H. Lindsay on 9/30/2016. Joint Status Report due by 3/15/2017. cc: Counsel (DAK)
September 1, 2016 Opinion or Order Filing 78 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 9/1/2016; this matter is scheduled for a telephonic status conference 9/30/2016 10:00 AM before Magistrate Judge Colin H. Lindsay. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
August 25, 2016 Opinion or Order Filing 77 ORDER by Judge David J. Hale on 8/25/2016 - The stay of the Court's Order vacating the seal #71 is LIFTED. Case is UNSEALED. Matter is REFERRED to Magistrate Judge Colin H. Lindsay for a status conference. cc: Counsel, Magistrate Judge Lindsay-CM (DAK)
August 25, 2016 Case Unsealed (DAK)
August 19, 2016 Filing 76 MANDATE of USCA as to #75 NOTICE OF INTERLOCUTORY APPEAL (DAK)
July 27, 2016 Filing 75 USCA Order (Informational Only) affirming re #72 Notice of Interlocutory Appeal; MANDATE NOT YET ISSUED. (MLG)
February 11, 2016 Opinion or Order Filing 74 ORDER by Judge David J. Hale on 2/10/2015 granting #73 Motion to Stay. Relief described in the Court's Order #71 will be STAYED until such time as the interlocutory appeal is concluded. cc: Counsel(DAK)
January 19, 2016 USCA Case Number 16-5055 for #72 Notice of Interlocutory Appeal filed by Rudd Equipment Company, Inc. (Patricia Elder Case Manager) (JAC)
January 15, 2016 Filing 73 Plaintiff/Appellant's MOTION to Stay Pending Appeal re #71 MEMORANDUM OPINION AND ORDER; filed by Plaintiff Rudd Equipment Company, Inc. Responses due by 2/8/2016 (Attachments: #1 Memorandum in Support, #2 Proposed Order)
January 15, 2016 Filing 72 NOTICE OF INTERLOCUTORY APPEAL as to #71 MEMORANDUM OPINION & ORDER; filed by Plaintiff Rudd Equipment Company, Inc. Filing fee $ 505, Receipt No. L33045182. (DAK)
January 12, 2016 Opinion or Order Filing 71 MEMORANDUM OPINION & ORDER by Judge David J. Hale on 1/12/2016 - The Report and Recommendation of the Magistrate Judge (D.N. 61) is ADOPTED. John Deere Construction and Forestry Company's motion to vacate the sealing order (D.N. 46) is GRANTED. The order sealing this case (D.N. 8) is hereby VACATED, effective seven (7) days following entry of this Order. Rudd Equipment Company's motion for contempt (D.N. 48) is DENIED. Rudd's motion for oral argument and evidentiary hearing (D.N. 63) is DENIED as moot. John Deere's motion for extension of time (D.N. 64) is GRANTED and the response is deemed timely filed. cc: Counsel(DAK)
December 11, 2015 Filing 70 NOTICE by Rudd Equipment Company, Inc. re #61 REPORT AND RECOMMENDATIONS by Magistrate Judge Colin H. Lindsay on 7/27/2015. (Attachments: #1 Exhibit A) (DAK)
December 11, 2015 Filing 69 NOTICE by John Deere Construction & Forestry Company re #61 REPORT AND RECOMMENDATIONS by Magistrate Judge Colin H. Lindsay on 7/27/2015. (Attachments: #1 Exhibit A) (DAK)
September 16, 2015 Filing 68 REPLY to Response to Motion re #63 MOTION for Oral Argument and Evidentiary Hearing filed by Rudd Equipment Company, Inc. (DAK)
August 31, 2015 Filing 67 RESPONSE in Opposition to Motion re #63 MOTION for Oral Argument and Evidentiary Hearing filed by John Deere Construction & Forestry Company. Replies due by 9/17/2015. (DAK)
August 31, 2015 Filing 66 Response to Objection re #62 Objection to Report and Recommendations filed by John Deere Construction & Forestry Company. (DAK)
August 31, 2015 Opinion or Order Filing 65 ORDER by Magistrate Judge Colin H. Lindsay on 8/31/2015 - Defendant's Motion for Oral Argument (DN 51), Plaintiff's Motion for to File Sur-Reply (DN 52), and Plaintiff's Motion for Oral Argument (DN 56) are DENIED AS MOOT. cc: Counsel(DAK)
August 26, 2015 Filing 64 MOTION for Extension of Time to File A Response to Plaintiff's Objections to the Magistrate Judge's Report and Recommendation by Defendant John Deere Construction & Forestry Company. Responses due by 9/8/2015 (Attachments: #1 Proposed Order) (DAK)
August 14, 2015 Filing 63 MOTION for Oral Argument and Evidentiary Hearing on Objections of Plaintiff Rudd Equipment Company, Inc. to Magistrate Judge's Report and Recommendation by Plaintiff Rudd Equipment Company, Inc. Responses due by 9/8/2015. (Attachments: #1 Proposed Order) (DAK)
August 12, 2015 Filing 62 OBJECTION to #61 Report and Recommendations filed by Rudd Equipment Company, Inc.. (Attachments: #1 Exhibit A) (DAK)
July 28, 2015 Filing 61 REPORT AND RECOMMENDATIONS by Magistrate Judge Colin H. Lindsay on 7/27/2015 - The Magistrate Judge recommends that John Deere's Motion to Vacate the Court's November 5, 2014 Order Sealing the Case (DN 46) be GRANTED and that Rudd's Motion to Hold John Deere in Contempt of Court (DN 48) be DENIED. All other motions are moot. Objections to R&R due by 8/14/2015. cc: Counsel (via mail) (DAKS)
July 10, 2015 Opinion or Order Filing 60 ORDER (EBOC) - Oral Argument was held before Magistrate Judge Colin H. Lindsay on 7/1/2015 re #48 MOTION for Contempt filed by Rudd Equipment Company, Inc., #46 MOTION to Vacate (Court Reporter Alan Wernecke.) cc: Counsel (via U.S. Mail) (DAKS)
July 8, 2015 Filing 59 SEALED DOCUMENT (MLG)
May 18, 2015 Opinion or Order Filing 58 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 5/18/2015; this matter is scheduled for oral argument on all pending motions 7/1/2015 01:00 PM in Louisville Courtroom before Magistrate Judge Colin H. Lindsay. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (via U.S. Mail), C/R (TLB)
May 7, 2015 Filing 57 REPLY to Response to Motion re #48 MOTION for Contempt filed by Rudd Equipment Company, Inc.. (Attachments: #1 Second Declaration Of Janet P. Jakubowicz, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (DAKS)
May 7, 2015 Filing 56 MOTION FOR ORAL ARGUMENT REGARDING DEFENDANT'S MOTION TO VACATE THE SEALING ORDER AND PLAINTIFF'S MOTION TO HOLD DEFENDANT IN CONTEMPT OF COURT by Plaintiff Rudd Equipment Company, Inc. Responses due by 6/1/2015 (Attachments: #1 Proposed Order) (DAKS)
May 6, 2015 Opinion or Order Filing 55 TEXT ORDER by Judge David J. Hale on 5/6/2015; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. . cc:counsel (NWT)
May 1, 2015 Opinion or Order Filing 54 TEXT ORDER by Chief Judge Joseph H. McKinley, Jr on 5/1/2014; Pursuant to GO 2015-02, this case is reassigned to Judge David J. Hale for all further proceedings. Senior Judge John G. Heyburn II is no longer assigned to case. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, DJH (CM) (JBM)
April 27, 2015 Filing 53 RESPONSE in Opposition to Motion re #52 PLAINTIFF'S MOTION TO FILE SUR-REPLY TO DEFENDANT'S MOTION re #46 MOTION to Vacate #8 Order on Motion to Seal Case filed by John Deere Construction & Forestry Company. Replies due by 5/14/2015. (DAKS)
April 24, 2015 MOTIONS REFERRED: --to CHL- #52 MOTION PLAINTIFF'S MOTION TO FILE SUR-REPLY TO DEFENDANT'S MOTION TO re #46 MOTION to Vacate #8 Order on Motion to Seal Case (ARM)
April 22, 2015 Filing 52 PLAINTIFF'S MOTION TO FILE SUR-REPLY TO DEFENDANT'S re #46 MOTION to Vacate #8 Order on Motion to Seal Case by Plaintiff Rudd Equipment Company, Inc. Responses due by 5/18/2015 (Attachments: #1 Proposed Order, #2 Sur Reply, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3) (DAKS)
April 20, 2015 Filing 51 MOTION for Oral Argument by Defendant John Deere Construction & Forestry Company. Responses due by 5/14/2015. See DN #50 for.pdf. (DAKS)
April 20, 2015 Filing 50 RESPONSE to Motion re #48 MOTION for Contempt filed by John Deere Construction & Forestry Company. Replies due by 5/7/2015. (DAKS)
April 15, 2015 MOTIONS REFERRED:---to CHL purs. to DN#41 Order for all pending motions-- #48 MOTION for Contempt, #46 MOTION to Vacate #8 Order on Motion to Seal Case (ARM)
April 13, 2015 Filing 49 REPLY to Response to Motion re #46 MOTION to Vacate #8 Order on Motion to Seal Case filed by John Deere Construction & Forestry Company. (Attachments: #1 Exhibit A) (DAKS)
March 27, 2015 Filing 48 MOTION for Contempt by Plaintiff Rudd Equipment Company, Inc. Responses due by 4/20/2015 (Attachments: #1 Memorandum in Support, #2 Declaration of Janet P. Jakubowicz, #3 Proposed Order, #4 Proposed Order) (DAKS)
March 27, 2015 RESPONSE IN OPPOSITION to Motion re #46 MOTION to Vacate #8 Order on Motion to Seal Case filed by Rudd Equipment Company, Inc.. Replies due by 4/13/2015. ----SEE DN#48 for full PDF document. (ARM)
March 6, 2015 Filing 47 NOTICE of WITHDRAWAL to Withdraw #6 MOTION for Preliminary Injunction by Plaintiff Rudd Equipment Company, Inc. Responses due by 3/30/2015. (DAKS) Modified on 3/9/2015-edited text (DAKS).
March 6, 2015 Filing 46 MOTION to Vacate #8 Order on Motion to Seal Case by Defendant John Deere Construction & Forestry Company. Responses due by 3/30/2015. (Attachments: #1 Proposed Order, #2 Letter) (DAKS)
March 3, 2015 Opinion or Order Filing 45 ORDER - A preliminary injunction hearing was held on February 26, 2015 before Magistrate Judge Colin H. Lindsay. Parties met in Chambers in an effort to resolve the matter. Parties were able to reach an agreement for the resolution of the preliminary injunction motion. cc:counsel (via U.S. Mail) (DAKS)
March 3, 2015 Opinion or Order Filing 44 AGREED ORDER by Senior Judge John G. Heyburn, II on 3/2/2015. cc:counsel (via U.S. Mail) (DAKS)
February 27, 2015 Filing 43 Proposed Agreed Order by Rudd Equipment Company, Inc., John Deere Construction & Forestry Company. (DAKS)
February 24, 2015 Opinion or Order Filing 42 ORDER (EBOC) by Senior Judge John G. Heyburn, II on 2/24/2015 granting #37 Motion to Quash and the Objection to Rudds Witness List #33 has now been resolved. This matter is referred to Magistrate Judge Colin H. Lindsay for the scheduled preliminary injunction hearing on motion (DN#6) on February 26 and 27, 2015 at 10:00 a.m. cc: Counsel, CM-Lindsay(DAKS)
February 24, 2015 Opinion or Order Filing 41 ORDER by Senior Judge John G. Heyburn, II on 2/24/2015; Referring Case to Magistrate Judge Colin H. Lindsay for disposition of all pending motions.cc:counsel (via U.S. Mail), CM-Lindsay (DAKS)
February 24, 2015 MOTIONS REFERRED: ---CHL-for HRG. see separate order for referral- 36 MOTION to Stay, #35 MOTION to Compel, #6 MOTION for Preliminary Injunction, #10 MOTION to Compel MOTION to Stay (ARM)
February 24, 2015 Schedules Evidentiary Hearing set for 2/26/2015 & 2/27/2015 at 10:00 AM in Louisville Courtroom before Magistrate Judge Colin H. Lindsay. (ARM)
February 24, 2015 Proceedings held before Senior Judge John G. Heyburn, II: Telephonic Conference held on 2/24/2015. (DAKS)
February 20, 2015 Filing 40 RESPONSE to re #33 Objection to Rudd's Witness List and Motion to Compel Disclosure of Witness Information, filed by Rudd Equipment Company, Inc.. (Attachments: #1 Exhibit A) (DAKS) (Additional attachment(s) added on 2/24/2015: #2 Proposed Order) (DAKS).
February 20, 2015 Filing 39 RESPONSE in Opposition to Motion re #35 RENEWED MOTION to Compel, 36 RENEWED MOTION to Stay filed by Rudd Equipment Company, Inc.. Replies due by 3/12/2015. (Attachments: #1 Exhibit A, #2 Exhibit B) (DAKS) (Additional attachment(s) added on 2/24/2015: #3 Proposed Order) (JBMS).
February 20, 2015 Filing 38 RESPONSE in Opposition to #37 MOTION to Quash Subpoena filed by Rudd Equipment Company, Inc. Replies due by 3/9/2015. (DAKS) (Additional attachment(s) added on 2/24/2015: #1 Proposed Order) (DAKS).
February 13, 2015 Filing 37 MOTION to Quash Subpoena to Appear and Testify at Preliminary Injunction Hearing and Request for Expedited Briefing by Defendant John Deere Construction & Forestry Company Responses due by 3/9/2015 (Attachments: #1 Letter of Enclosure, #2 Exhibit A, #3 Exhibit 1, #4 Proposed Order) (DAKS)
February 12, 2015 Filing 36 MOTION to Stay by Defendant John Deere Construction & Forestry Company. Responses due by 3/9/2015. See #35 for.pdf. (DAKS)
February 12, 2015 Filing 35 MOTION to Compel Arbitration by Defendant John Deere Construction & Forestry Company. Responses due by 3/9/2015. (Attachments: #1 Proposed Order) (DAKS)
February 12, 2015 Filing 34 MOTION to Compel Disclosure of Witness Information, to Preclude Testimony of Witnesses for any Non-Information, to Preclude Testimony of Witnesses for any Non-Compliance, and for Expedited Briefing Schedule and Relief by Defendant John Deere Construction & Forestry Company. See DN #33 for.pdf. Responses due by 3/9/2015 (DAKS)
February 12, 2015 Filing 33 Objection to #31 Rudd's Witness List and Motion to Compel Disclosure of Witness Information, to Preclude Testimony of Witnesses for Any Non-Compliance, and for Expedited Briefing Schedule and Relief filed by John Deere Construction & Forestry Company. (Attachments: #1 Exhibit A, #2 Proposed Order) (DAKS)
February 12, 2015 Filing 32 RESPONSE to #30 PLAINTIFF'S STATEMENT OF REQUESTED RELIEF filed by John Deere Construction & Forestry Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (DAKS)
February 3, 2015 Filing 31 JOINT WITNESS LIST AND ESTIMATE OF EXAMINATION TIMES by Rudd Equipment Company, Inc.. (DAKS)
January 29, 2015 Filing 30 PLAINTIFF'S STATEMENT OF REQUESTED RELIEF by Rudd Equipment Company, Inc.. (DAKS)
January 20, 2015 Opinion or Order Filing 29 ORDER - A telephonic conference on the pending motions for preliminary injunction was held before Senior Judge John G. Heyburn, II on 1/15/2015. This matter is scheduled for a preliminary injunction hearing on motions (DN#6, 26) on FEBRUARY 26-27, 2015 beginning at 10:00 a.m. Plaintiff shall file an outline of the specific elements for the injunction by JANUARY 29, 2015. Defendants response due by FEBRUARY 12, 2015. Counsel shall jointly provide to the Courts Deputy, via email, a list of all witnesses and an estimate of time on direct and re-direct. (Court Reporter Alan Wernecke.) cc:counsel (DAKS)
January 12, 2015 Opinion or Order Filing 28 TEXT ORDER by Senior Judge John G. Heyburn, II on 1/12/2015; Telephone Conference set for 1/15/2015 12:30 PM before Senior Judge John G. Heyburn II to discuss upcoming February PI Hearing. No later than ONE day prior to the date of the conference, each party to this action shall notify the deputy clerk of the name(s) of the individual(s) who will participate by telephone and indicate the telephone number and extension at which they can be reached at that time. Notification may be made by e-mail to: andrea_morgan@kywd.uscourts.gov. Local counsel may also appear if person, if they wish to do so by notifying the Courts Deputy This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel via email. (ARM)
January 5, 2015 Opinion or Order Filing 27 TEXT ORDER granting #24 Motion for Leave to File Excess Pages and the reply is ordered filed. Signed by Senior Judge John G. Heyburn, II on 1/5/2015. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.. cc: Counsel via mail.(ARM)
December 30, 2014 Filing 26 MOTION For Expedited Preliminary Injunction Hearing by Plaintiff Rudd Equipment Company, Inc. Responses due by 1/26/2015 (Attachments: #1 Proposed Order) (TLG)
December 29, 2014 Filing 25 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by Rudd Equipment Company, Inc.. (Attachments: #1 Certificate of Service, #2 Exhibit 1, #3 Exhibit 1-A, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8) (TLG) (Attachment 4 replaced on 7/14/2016) (JAC). (Attachment 6 replaced on 7/14/2016) (JAC).
December 29, 2014 Filing 24 MOTION Page Limit Extension by Plaintiff Rudd Equipment Company, Inc. Responses due by 1/23/2015 (Attachments: #1 Proposed Order) (TLG)
December 23, 2014 Opinion or Order Filing 23 AGREED ORDER by Senior Judge John G. Heyburn, II on 12/22/2014 extending deadline to Reply in Support of Motion for Preliminary Injunction. Reply due by 12/24/2014. cc:counsel (via US Mail) (DAKS)
December 17, 2014 Filing 22 NOTICE of Deficiency re #21 Response to Motion. Reason for Deficiency: No Order. Failure to comply will be brought to the attention of the Court. Response due by 12/24/2015. (DAKS)
December 12, 2014 Filing 21 RESPONSE to Motion re #6 MOTION for Preliminary Injunction filed by John Deere Construction & Forestry Company. Replies due by 12/19/2014.- PER DN#20 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit D-1, #6 Exhibit D-2, #7 Exhibit D-3, #8 Exhibit D-4, #9 Exhibit D-5, #10 Exhibit D-6, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M, #20 Exhibit N) (DAKS) Modified on 12/16/2014 (ARM). (Additional attachment(s) added on 12/22/2014: #21 Proposed Order) (DAKS).
December 11, 2014 Opinion or Order Filing 20 ORDER denying #14 Motion for Extension of Time to File Response; The response to the motion for preliminary injunction DN #6 shall be filed on or before 12/12/2014. Reply shall be filed on or before 12/19/2014. This matter shall remain under SEAL until further orders of the Court. Signed by Senior Judge John G. Heyburn, II on 12/10/2014. cc: Counsel(JBMS)
December 9, 2014 Filing 19 SEALED DOCUMENT re 16 (MLG)
December 8, 2014 Opinion or Order Filing 18 ORDER granting #17 Motion for Attorney Cory Curtis to Appear Pro Hac Vice. Signed by Senior Judge John G. Heyburn, II on 12/5/2014. cc: Counsel(JBMS)
December 5, 2014 Proceedings held before Senior Judge John G. Heyburn, II: Preliminary Conference held on 12/5/2014. (Court Reporter Alan Wernecke.) (JBMS)
December 5, 2014 Filing 17 MOTION for Cory Curtis to Appear Pro Hac Vice Filing fee $ 65.00, Receipt #L33040828 by Defendant John Deere Construction & Forestry Company Responses due by 12/29/2014 (Attachments: #1 Affidavit, #2 Proposed Order, #3 Letter of Enclosure) (DAKS)
December 3, 2014 Opinion or Order Filing 16 TEXT ORDER by Senior Judge John G. Heyburn, II on 12/3/2014; IT IS HEREBY ORDERED that a Telephone MOTION Conference set for 12/5/2014 11:30 AM before Senior Judge John G. Heyburn II---. The parties shall be prepared to discuss the pending motions (DN#6, DN#10, DN#14) that are before the Court. The Court will initiate the call. No later than ONE day prior to the date of the conference, each party to this action shall notify the deputy clerk of the name(s) of the individual(s) who will participate by telephone and indicate the telephone number and extension at which they can be reached at that time. Notification may be made by e-mail to: andrea_morgan@kywd.uscourts.gov. Local counsel may also appear if person, if they wish to do so by notifying the Courts Deputy This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (ARM)
November 25, 2014 Filing 15 RESPONSE to Motion re #14 MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Preliminary Injunction filed by Rudd Equipment Company, Inc.. Replies due by 12/12/2014. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (DAKS)
November 24, 2014 Filing 14 MOTION for Extension of Time to File Response as to #6 MOTION for Preliminary Injunction by Defendant John Deere Construction & Forestry Company. Responses due by 12/4/2014 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order, #8 Letter of Enclosure) (DAKS)
November 24, 2014 Filing 13 RESPONSE to Motion re #10 MOTION to Compel Arbitration and MOTION to Stay filed by Rudd Equipment Company, Inc.. Replies due by 12/11/2014. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order) (DAKS)
November 20, 2014 Opinion or Order Filing 12 AGREED ORDER by Senior Judge John G. Heyburn, II on 11/20/2014 granting #11 Motion for Extension of Time to File Response to Motion for Preliminary Injunction to 11/24/2014.. cc: Counsel(DAKS) Modified on 11/21/2014 (ARM).
November 14, 2014 Filing 11 MOTION for Extension of Time to File Response to plaintiff's Motion for Preliminary Injunction by Defendant John Deere Construction & Forestry Company. Responses due by 11/24/2014 (Attachments: #1 Proposed Order) (DAKS)
November 12, 2014 Filing 10 MOTION to Compel Arbitration and MOTION to Stay the Action by Defendant John Deere Construction & Forestry Company Responses due by 12/8/2014 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Letter of Enclosure) (DAKS) (Additional attachment(s) added on 11/13/2014: #8 Proposed Order) (DAKS).
November 7, 2014 Filing 9 SUMMONS Returned Executed: John Deere Construction & Forestry Company served on 10/27/2014, answer due 11/17/2014. (JBMS)
November 5, 2014 Opinion or Order Filing 8 ORDER granting #4 Motion to Seal Case. Signed by Senior Judge John G. Heyburn, II on 11/5/2014. cc: Counsel(JBMS)
October 29, 2014 Filing 7 NOTICE of Appearance by M. Scott McIntyre on behalf of John Deere Construction & Forestry Company (DAKS)
October 21, 2014 Filing 6 MOTION for Preliminary Injunction by Plaintiff Rudd Equipment Company, Inc. Responses due by 11/17/2014 (Attachments: #1 Proposed Order, #2 Affidavit, #3 Memorandum in Support, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U) (DAKS)
October 21, 2014 Filing 5 Corporate Disclosure Statement by Rudd Equipment Company, Inc.. (DAKS)
October 21, 2014 Filing 4 MOTION to Seal Case by Plaintiff Rudd Equipment Company, Inc. Responses due by 11/17/2014 (Attachments: #1 Proposed Order) (DAKS)
October 21, 2014 Filing 3 Summons Issued as to John Deere Construction & Forestry Company to be served through the Secretary of State. (DAKS)
October 21, 2014 Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge John G. Heyburn II. Magistrate designation: James D. Moyer. (DAKS)
October 21, 2014 Filing 1 COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF against John Deere Construction & Forestry Company Filing fee $ 400, receipt number L33040333., filed by Rudd Equipment Company, Inc.. (Attachments: #1 Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (DAKS)

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Search for this case: Rudd Equipment Company, Inc. v. John Deere Construction & Forestry Company
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Defendant: John Deere Construction & Forestry Company
Represented By: M. Scott McIntyre
Represented By: Cory M. Curtis
Represented By: David R. Jarrett
Represented By: Justin T. Winquist
Represented By: J. Keith Russell
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Plaintiff: Rudd Equipment Company, Inc.
Represented By: John K. Bush
Represented By: Brent R. Baughman
Represented By: Janet P. Jakubowicz
Represented By: Peggy B. Lyndrup
Represented By: William J. Kishman
Represented By: William Scott Croft
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Petitioner: Mark Burris
Represented By: Clark C. Johnson
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