Rudd Equipment Company, Inc. v. Volvo Construction Equipment North America, LLC
Plaintiff: Rudd Equipment Company, Inc.
Defendant: Volvo Construction Equipment North America, LLC
Case Number: 3:2019cv00778
Filed: October 28, 2019
Court: US District Court for the Western District of Kentucky
Presiding Judge: David J Hale
Referring Judge: Colin H Lindsay
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1391
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 26, 2019 Opinion or Order Filing 29 AMENDED ANSWER to Amended Complaint, Affirmative Defenses , COUNTERCLAIM against Rudd Equipment Company, Inc. by Volvo Construction Equipment North America, LLC. (Meier, Eric)
December 18, 2019 Opinion or Order Filing 28 AGREED ORDER Signed by Judge David J. Hale on 12/18/2019, granting #26 - Plaintiff Rudd Equipment Company, Inc. shall have up to and including January 17, 2020, to reply to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction. (KD)
December 18, 2019 Opinion or Order Filing 27 TEXT ORDER by Judge David J. Hale on 12/18/2019; 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)
December 17, 2019 Opinion or Order Filing 26 Joint MOTION Entry of Agreed Order for Extension of Time by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Proposed Order Tendered Agreed Order) (Nichols, Andrea)
December 16, 2019 Opinion or Order NOTICE OF DOCKET CORRECTION re #18 Response to Motion; Error:Affidavits DN19-25 were filed as separate documents and not as an attachment; Correction:Documents have been attached to corresponding response #18 . User should refer to ECF User Manual, pgs 28-29 for future filings.The ECF Helpdesk is available to answer questions @ 1-866-822-8305. (MLG)
December 6, 2019 Opinion or Order Filing 25 ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG)
December 6, 2019 Opinion or Order Filing 24 ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG).
December 6, 2019 Opinion or Order Filing 23 ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG).
December 6, 2019 Opinion or Order Filing 22 ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG).
December 6, 2019 Opinion or Order Filing 21 ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG).
December 6, 2019 Opinion or Order Filing 20 ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG).
December 6, 2019 Opinion or Order Filing 19 ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG).
December 6, 2019 Opinion or Order Filing 18 RESPONSE to Motion re #4 MOTION for Preliminary Injunction filed by Volvo Construction Equipment North America, LLC. (Meier, Eric) (Additional attachment(s) added on 12/16/2019: #1 Affidavit Declaration of Jonathan Arnold, #2 Affidavit Declaration of Jeff Beggrow, #3 Affidavit Declaration of Ken Bishop, #4 Affidavit Declaration of Randy Bushelli, #5 Affidavit Declaration of Tim Hamilton, #6 Affidavit Thomas Holmes, #7 Affidavit Declaration of Kent Somerville) (MLG).
December 6, 2019 Opinion or Order Filing 17 ANSWER to #10 Amended Complaint, by Volvo Construction Equipment North America, LLC. (Kelly, Donald)
November 22, 2019 Opinion or Order Filing 16 AGREED ORDER Signed by Judge David J. Hale on 11/22/2019, granting #14 - Defendant Volvo Construction Equipment North America, LLC shall have up to and including December 6, 2019 to answer Rudd's Amended Complaint and to respond to Rudd's Motion for Preliminary Injunction. (KD)
November 22, 2019 Opinion or Order Filing 15 TEXT ORDER Signed by Judge David J. Hale on 11/22/2019 granting #12 Motion for Ann M. Maher to Appear Pro Hac Vice ; granting #13 Motion for Eric J. Meier to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
November 20, 2019 Opinion or Order Filing 14 MOTION for Extension of Time to File Answer re #4 MOTION for Preliminary Injunction, #10 Amended Complaint, by Defendant Volvo Construction Equipment North America, LLC (Attachments: #1 Proposed Order) (Kelly, Donald)
November 20, 2019 Opinion or Order Filing 13 MOTION for Eric J. Meier to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2988746. by Defendant Volvo Construction Equipment North America, LLC (Kelly, Donald)
November 20, 2019 Opinion or Order Filing 12 MOTION for Ann M. Maher to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2988738. by Defendant Volvo Construction Equipment North America, LLC (Kelly, Donald)
November 20, 2019 Opinion or Order Filing 11 NOTICE of Appearance by Donald J. Kelly on behalf of Volvo Construction Equipment North America, LLC (Kelly, Donald)
November 8, 2019 Opinion or Order Filing 10 AMENDED COMPLAINT against Volvo Construction Equipment North America, LLC, filed by Rudd Equipment Company, Inc.. (Attachments: #1 Exhibit A - Territory Map, #2 Exhibit B - 2005 Construction Dealer Agreement, #3 Exhibit C - 2005 Compact Dealer Agreement, #4 Exhibit D - 2009 Construction Dealer Agreement, #5 Exhibit E - 2009 Compact Dealer Agreement, #6 Exhibit F - 207 Herc Rentals Notice) (Croft, William)
November 8, 2019 Opinion or Order Filing 9 RESPONSE TO ORDER TO SHOW CAUSE filed by Rudd Equipment Company, Inc.. (Attachments: #1 Exhibit A - Volvo's Application for Certificate of Authority, #2 Exhibit B - Certificate of Formation and Conversion of Volvo, #3 Exhibit C - Business Corporation Annual Report, #4 Exhibit D - Volvo Corporate Disclosure, #5 Exhibit E - Volvo Rule 7.1 Disclosure, #6 Proposed Order) (Croft, William)
October 31, 2019 Opinion or Order Filing 8 SUMMONS Returned Executed by Rudd Equipment Company, Inc.. Volvo Construction Equipment North America, LLC served on 10/30/2019, answer due 11/20/2019. (Nichols, Andrea)
October 30, 2019 Opinion or Order Filing 7 Summons Issued as to Volvo Construction Equipment North America, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (MEJ)
October 29, 2019 Opinion or Order Filing 6 NOTICE of Filing by Rudd Equipment Company, Inc. (Attachments: #1 Cover Sheet, #2 Summons) (Nichols, Andrea)
October 29, 2019 Opinion or Order Filing 5 ORDER by Judge David J. Hale on 10/29/2019. Within fourteen (14) days of entry of this Order, Plaintiff shall SHOW CAUSE why this matter should not be dismissed for lack of subject-matter jurisdiction. cc: Counsel (MEJ)
October 29, 2019 Opinion or Order Filing 3 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (AME)
October 28, 2019 Opinion or Order Filing 4 MOTION for Preliminary Injunction by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - 2005 Construction Dealer Agreement, #3 Exhibit B - 2005 Compact Dealer Agreement, #4 Exhibit C - 2009 Construction Agreement, #5 Exhibit D - 2009 Compact Dealer Agreement, #6 Exhibit E - Territory Map, #7 Exhibit F - HERC Rental Notice, #8 Proposed Order) (AME)
October 28, 2019 Opinion or Order Filing 2 Corporate Disclosure Statement by Rudd Equipment Company, Inc. (AME)
October 28, 2019 Opinion or Order Filing 1 COMPLAINT against Volvo Construction Equipment North America, LLC (Filing fee $400, receipt number 0644-2972089), filed by Rudd Equipment Company, Inc. (Attachments: #1 Exhibit A - Territory Map, #2 Exhibit B - 2005 Construction Dealer Agreement, #3 Exhibit C - 2005 Compact Dealer Agreement, #4 Exhibit D - 2009 Construction Dealer Agreement, #5 Exhibit E - 2009 Compact Dealer Agreement, #6 Exhibit F - F 2017 Herc Rentals Notice) (AME)

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Defendant: Volvo Construction Equipment North America, LLC
Represented By: Eric J. Meier
Represented By: Jake E. Smith
Represented By: Ann M. Maher
Represented By: Donald J. Kelly
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Plaintiff: Rudd Equipment Company, Inc.
Represented By: Andrea L. R. Nichols
Represented By: William Scott Croft
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