Brooks et al v. Caterpillar Global Mining America, LLC
| Beau Brooks and Tina Brooks |
| Caterpillar, Inc. and Caterpillar Global Mining America, LLC |
| 4:2014cv00022 |
| March 13, 2014 |
| US District Court for the Western District of Kentucky |
| Owensboro Office |
| Muhlenberg |
| H Brent Brennenstuhl |
| Joseph H McKinley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 22, 2018. A more recent docket listing may be available from PACER.
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Filing 228
AGREED ORDER OF DISMISSAL by Chief Judge Joseph H. McKinley, Jr. on 3/22/18: The claims of the Plaintiffs, Beau Brooks and Tina Brooks, against Defendant, Caterpillar Global Mining America, LLC, are hereby DISMISSED IN THEIR ENTIRETY WITH PREJUDICE. Each party shall bear its own costs. This is a final and appealable Order, there being no just cause for delay. cc:counsel (DJT)
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| Filing 227 Proposed Agreed Order/Stipulation by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
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Filing 226
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 2/5/2018. The Court having been advised the parties have reached a settlement of this matter; IT IS ORDERED the Telephonic Conference scheduled for 2/13/2018 is REMANDED from the Court's docket. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, EAS (KLL)
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Filing 225
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 2/2/2018. IT IS ORDERED a Telephone Conference is set for 2/13/2018 at 9:30 AM, CST, before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (KLL)
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Filing 224
ORDER by Chief Judge Joseph H. McKinley, Jr. on 12/18/2017: This matter came before the Court for jury trial on December 4, 5, 6, 7, 8, 11, 12, and 13, 2017. A jury was impaneled to hear the case. Trial testimony commenced on 12/4/2017, and concluded on December 12, 2017, and the jury retired to deliberate. On 12/13/2017, the jury reported to the Court that they were unable to reach a decision as reflected in the official Court record. A mistrial was declared and the jury was released. cc: counsel (JM)
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| Filing 223 Jury Instructions. (JM) |
| Filing 222 EXHIBIT INVENTORY by Terri Turner Court Reporter (JM) |
| Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial completed on 12/13/2017. (Court Reporter: Terri Turner.) (JM) |
| Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial held on 12/12/2017. Jury Trial continued to 12/13/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.. (Court Reporter: Dena Legg and Terri Turner.) (JM) |
| Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial held on 12/11/2017. Jury Trial continued to 12/12/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.. (Court Reporter: Dena Legg.) (JM) |
| Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial held on 12/8/2017. Jury Trial continued to 12/11/2017 09:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.. (Court Reporter: Terri Turner.) (JM) |
| Remark - VIDEO DEPOSITIONS of Jeff Rector on 10/21/2015 and Stephanie Braun, M.D., played for jury on 12/7/2017 by Plaintiffs' counsel during Plaintiffs' case - maintained in Clerk's office in vault. (2 DVDs). (EAS) |
| Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial held on 12/7/2017. Jury Trial continued to 12/8/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.. (Court Reporter: Terri Turner.) (JM) |
| Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial held on 12/6/2017. Jury Trial continued to 12/7/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.. (Court Reporter: April Dowell and Terri Turner.) (JM) |
| Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial held on 12/5/2017. Jury Trial continued to 12/6/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.. (Court Reporter: April Dowell.) (JM) |
| Proceedings held before Chief Judge Joseph H. McKinley, Jr.: Jury Trial held on 12/4/2017. Jury Trial continued to 12/5/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.. (Court Reporter: April Dowell.) (JBM) |
| Filing 221 SEALED DOCUMENT: Unredacted re #220 Jury Panel Record (JBM) |
| Filing 220 JURY PANEL RECORD (redacted.) (JBM) |
| Filing 219 Objection to #195 Proposed Jury Instructions filed by Caterpillar Global Mining America, LLC. (Miller, Byron) |
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Filing 218
ORDER by Chief Judge Joseph H. McKinley, Jr. on 11/28/2017 regarding voir dire procedure. (See Order for specifics.)cc:counsel (EAS)
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| Filing 217 Return of Service Executed/Unexecuted as to Kristy Fleming. (Moore, Charles) |
| Filing 216 Return of Service Executed/Unexecuted as to Jeff Mayes. (Moore, Charles) |
| Filing 215 Return of Service Executed/Unexecuted as to Bobby Curtis. (Moore, Charles) |
| Filing 214 Return of Service Executed/Unexecuted as to Bobby Brooks. (Moore, Charles) |
| Filing 213 Return of Service Executed/Unexecuted as to Andrew Johnson. (Moore, Charles) |
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Filing 212
ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 11/27/2017: The motion #200 by Plaintiffs, Beau Brooks and Tina Brooks, for leave to take the trial deposition of Allen Holmes is DENIED. cc: Counsel (JBM)
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Filing 211
ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 11/27/2017: The motion in limine #201 by Plaintiffs, Beau Brooks and Tina Brooks, to preclude and prohibit evidence of or reference to a statement contained in the 5/14/2015, Pennyroyal Center Clinical Intake of Beau Brooks by Clinician Sarah A. Boyd is DENIED. cc: Counsel (JBM)
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| Filing 210 RESPONSE to Motion re #201 MOTION in Limine to Preclude and Prohibit Evidence and Reference to Statement in Pennyroyal Center Record filed by Caterpillar Global Mining America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (McGlinchey, Deirdre) |
| Filing 209 SUPPLEMENTAL MEMORANDUM IN SUPPORT by Caterpillar Global Mining America, LLC re #145 MOTION in Limine to Preclude or Limit Testimony of Kristy Fleming. (Attachments: #1 Exhibit) (JBM) |
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Filing 208
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 11/22/2017: The motion #183 by Defendant for leave to file a supplemental memorandum in support of its motion to preclude or limit the testimony of Kristy Fleming is GRANTED; The motion by Defendant to preclude or limit the testimony of Kristy Fleming [DN #145 , DN #183 -1] is GRANTED IN PART AND DENIED IN PART consistent with this Opinion. cc: Counsel(JBM)
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| Filing 207 RESPONSE to Motion re #200 MOTION for Leave to Take Trial Deposition of Unavailable Witness Allen Holmes filed by Caterpillar Global Mining America, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (McGlinchey, Deirdre) |
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Filing 206
ORDER for proceedings held before Chief Judge Joseph H. McKinley, Jr.: Pretrial Conference held on 11/20/2017. By no later than 4:00 PM CST on Wednesday, 11/29/2017, the parties shall exchange all demonstrative exhibits they intend to use in their opening. cc: counsel (JBM)
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Filing 205
ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 11/22/2017: The motion in limine #161 by Plaintiffs, Beau Brooks and Tina Brooks, stating supplemental objections to Defendant's witnesses, deposition designations, and portions of depositions is GRANTED IN PART; the objection by Plaintiffs to Defendants witness/exhibit list #120 is SUSTAINED IN PART; and the objection by Plaintiffs to Defendant's amended witness/exhibit list #188 is OVERRULED IN PART. The motion in limine #189 by Defendant, Caterpillar Global Mining America, LLC, to exclude demonstrative exhibits is DENIED and that the remaining objections by Defendant, Caterpillar Global Mining America, LLC, to Plaintiffs' supplemental final witness list and exhibit list #165 shall be handled at trial upon proper objection by Defendant. cc: Counsel (JBM)
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Filing 204
ORDER by Chief Judge Joseph H. McKinley, Jr. on 11/22/2017: This matter is before the Court on an objection by Defendant, Caterpillar Global Mining America, LLC, to Plaintiffs' designation of depositions #166 . (See order for specifics.) cc: counsel (JBM)
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Filing 203
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 11/22/2017: The motion #181 by Plaintiffs, Beau Brooks and Tina Brooks, to preclude portions of Jeff Looney's testimony at the trial is DENIED. cc: Counsel (JBM)
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Filing 202
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 11/22/2017: The motion #144 by Defendant, Caterpillar Global Mining America, LLC, to preclude evidence of and/or reference to treatment and billings for psychological conditions is DENIED consistent with this Opinion. The motion #162 by Plaintiffs, Beau Brooks and Tina Brooks, to preclude irrelevant and prejudicial evidence related to Plaintiff's feelings and opinions regarding defense counsel is GRANTED. cc: Counsel (JBM)
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| Filing 201 MOTION in Limine to Preclude and Prohibit Evidence and Reference to Statement in Pennyroyal Center Record by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support, #2 Exhibit A: Excerpt from Shrey Report, #3 Exhibit B: Pennyroyal Center Records, #4 Exhibit C: Responses to Requests for Admission, #5 Exhibit D: List of Exhibits to Second Brooks Deposition, #6 Proposed Order) (Moore, Charles) |
| Filing 200 MOTION for Leave to Take Trial Deposition of Unavailable Witness Allen Holmes by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support, #2 Exhibit A: Allen Holmes Records, #3 Exhibit B: Affidavit of Dion Moorman, #4 Exhibit C: Certified Hand Therapist Guide, #5 Proposed Order) (Moore, Charles) |
| Filing 199 NOTICE of filing Plaintiffs' Supplemental Response by Beau Brooks, Tina Brooks re #183 MOTION for Leave to File Supplemental Memorandum in Support of Motion to Preclude or Limit Testimony of Kristy Fleming (Attachments: #1 Exhibit A - Kristy Fleming Affidavit) (Moore, Charles) |
| Filing 198 RESPONSE to Motion re MOTION in Limine filed by Beau Brooks, Tina Brooks. (Attachments: #1 Proposed Order Proposed Order) (Moore, Charles) |
| Filing 197 PRETRIAL COMPLIANCE Opposition to Plaintiffs' "Second Supplemental Objections to the Entry of Certain Defense Exhibits" (Doc. 188) by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 196 RESPONSE to Motion re #183 MOTION for Leave to File Supplemental Memorandum in Support of Motion to Preclude or Limit Testimony of Kristy Fleming filed by Beau Brooks, Tina Brooks. (Attachments: #1 Proposed Order Denying Motion) (Moore, Charles) |
| Filing 195 Proposed Jury Instructions by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 194 PRETRIAL MEMORANDUM by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 193 Proposed Jury Instructions by Caterpillar Global Mining America, LLC. (Miller, Byron) |
| Filing 192 Proposed Voir Dire by Caterpillar Global Mining America, LLC. (Miller, Byron) |
| Filing 191 TRIAL BRIEF by Caterpillar Global Mining America, LLC. (Miller, Byron) |
| Filing 190 Proposed Voir Dire by Beau Brooks, Tina Brooks. (Moore, Charles) |
| MOTION in Limine by Defendant Caterpillar Global Mining America, LLC. This entry made for reporting purposes ONLY. Please see DN #189 for full viewing of MOTION. (DJT) |
| Filing 189 PRETRIAL COMPLIANCE Motion in Limine to Exclude (Objection To) Plaintiffs' Demonstrative Exhibits Entitled "Holding When Moving" and "Very Close Quarters" by Caterpillar Global Mining America, LLC. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit 1) (McGlinchey, Deirdre) |
| Filing 188 PRETRIAL COMPLIANCE Plaintiffs' Second Supplemental Objections to Defendant's Exhibits by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A - Social Security Documents, #2 Exhibit B - Photo of Exemplar Operator's handle, #3 Exhibit C - Earth Moving Machinery Standards, #4 Exhibit D - Emerging Workforce Article, #5 Proposed Order Proposed Order) (Moore, Charles) |
| Filing 187 RESPONSE to Motion re #181 MOTION in Limine to Preclude Portions of Jeff Looney's Trial Testimony filed by Caterpillar Global Mining America, LLC. (Attachments: #1 Exhibit 1 (Jeff Looney Trial Deposition), #2 Exhibit 2 (Report of Plaintiffs' Expert Thomas Boutaugh)) (McGlinchey, Deirdre) |
| Filing 186 RESPONSE to Motion re #145 MOTION in Limine to Preclude or Limit Testimony of Kristy Fleming filed by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A: Medical Record Excerpts, #2 Exhibit B: KBN General Counsel Statement, #3 Proposed Order) (Moore, Charles) |
| Filing 185 PRETRIAL COMPLIANCE Response to Defendant's Objections to Plaintiffs' Deposition Designations [DN 166] by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A - Excerpts from Jeff Rector deposition 10-21-15, #2 Exhibit B - Deposition transcript of Jeff Looney 06-2016, #3 Proposed Order) (Moore, Charles) |
| Filing 184 RESPONSE to Motion re #144 MOTION in Limine to Preclude Evidence of and/or Reference to Treatment and Billings for Psychological Conditions filed by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A - 07-17-17 medical records of Kristy Fleming, #2 Proposed Order) (Moore, Charles) |
| Filing 183 MOTION for Leave to File Supplemental Memorandum in Support of Motion to Preclude or Limit Testimony of Kristy Fleming by Defendant Caterpillar Global Mining America, LLC (Attachments: #1 Proposed Order, #2 Supplement Supplemental Memorandum in Support of Motion to Preclude or Limit Testimony of Kristy Fleming, #3 Exhibit A - 8/31/17 Deposition Transcript of Kristy Fleming) (McGlinchey, Deirdre) |
| Filing 182 PRETRIAL COMPLIANCE Supplemental Response to Defendant's Objections to Plaintiffs' Exhibits [DN 165] by Beau Brooks, Tina Brooks. (Attachments: #1 Proposed Order) (Moore, Charles) |
| Filing 181 MOTION in Limine to Preclude Portions of Jeff Looney's Trial Testimony by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A - Excerpts from Jeff Looney depo 09-25-17, #3 Exhibit B - Affidavit of Jack Spadaro, #4 Proposed Order) (Moore, Charles) |
| Filing 180 RESPONSE to Motion re #161 MOTION in Limine Stating Supplemental Objections to Defendant's Witnesses, Depositions, and Exhibits filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
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Filing 179
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 10/16/2017 granting #152 Motion for Extension of Time to Complete Depositions of Dr. Palazzo and Mr. Shrey. cc: Counsel (JBM)
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Filing 178
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 10/13/2017 granting in part and denying in part #156 Motion in Limine: Dr. Palazzo is precluded from offering the liability and/or causation opinions set forth in her expert report. cc: Counsel (JBM)
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| Filing 177 DEPOSITION of Edward Wester taken on 07/17/2017 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 176 DEPOSITION of Anthony Yates taken on 07/24/2017 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 175 DEPOSITION of Kristy Fleming taken on 08/31/2017 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 174 DEPOSITION of James Bell taken on 08/27/2015 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 173 DEPOSITION of Graham Wand taken on 08/28/2015 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 172 DEPOSITION of Christophoros Soteris Christophorou taken on 01/21/2016 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 171 DEPOSITION of Jeff Rector taken on 01/21/2016 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 170 DEPOSITION of Chad Baldwin taken on 05/22/2015 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 169 DEPOSITION of Bobby Curtis taken on 05/22/2015 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 168 DEPOSITION of Andrew Johnson taken on 05/22/2015 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 167 DEPOSITION of Stephane Braun taken on 11/04/2015 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 166 OBJECTIONS and Counter Designations to Plaintiffs' Page-Line Designations re #138 Order, by Caterpillar Global Mining America, LLC. Related document: #138 Order. (McGlinchey, Deirdre) |
| Filing 165 OBJECTIONS to Plaintiffs' Exhibits re #101 Order, by Caterpillar Global Mining America, LLC. Related document: #101 Order. (McGlinchey, Deirdre) |
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Filing 164
AGREED ORDER by Chief Judge Joseph H. McKinley, Jr. on 10/6/2017: The Court's Order entered 5/11/2017, #138 , Paragraph No. 3 shall be amended to allow both parties to file motions in limine, objections to witnesses, and objections to portions of depositions, including exhibits which specifically relate to Jeff Looney's video deposition proposed trialtestimony no later than 10/20/2017. The parties shall file their responses to these motions in limine or objections no later than 10/31/2017. The response deadline of 10/23/2017, for motions DN #144 , DN #145 , DN #161 , and DN #162 remains unchanged. cc: counsel (JBM)
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Filing 163
ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephone Conference held on 10/4/2017. The parties shall further identify demonstrative exhibits which will be used for evidentiary purposes by no later than 10/18/2017. The parties shall file their objections by no later than 10/31/2017. cc: counsel (JBM)
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| Filing 162 MOTION in Limine to Preclude Irrelevant and Prejudicial Evidence Related to Plaintiff's Feelings and Opinions regarding Defense Counsel by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A - Excerpts from Kristy Fleming Deposition, #3 Exhibit B - Fleming's 03-01-17 Progress Note, #4 Exhibit C - Fleming's 04-20-17 Progress Note, #5 Proposed Order) (Moore, Charles) |
| Filing 161 MOTION in Limine Stating Supplemental Objections to Defendant's Witnesses, Depositions, and Exhibits by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A - Def's Amended Notice to take 30b6 Depo of Armstrong Coal, #3 Exhibit B - Excerpts from Deposition of Anthony Yates, #4 Proposed Order) (Moore, Charles) |
| Filing 160 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 159 RESPONSE to Motion re #156 MOTION in Limine to Strike and/or Limit Dr. Michelle Palazzo's Trial Testimony filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
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Filing 158
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl (EBOC) on 10/3/2017. Upon request of counsel; IT IS ORDERED a Telephone Conference is set for 10/4/2017 at 2:00 PM CDT, before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (CDR)
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Filing 157
ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephone Conference held on 9/21/2017. The deposition of Plaintiffs' expert Michelle Palazzo, M.D., shall be scheduled following the Court's ruling on Plaintiffs' motion in limine which shall be filed no later than 9/27/2017. cc: counsel (JBM)
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| Filing 156 MOTION in Limine by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A - Excerpts from Andrew Johnson Depo, #3 Exhibit B - Def's Liability Expert Identification, #4 Exhibit C - Excerpts from Kevin Klein Depo, #5 Proposed Order Granting Plfs' Motion in Its Entirety, #6 Proposed Order Granting Plfs' Motion Partially) (Moore, Charles) |
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Filing 155
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 9/20/2017 re: Defendant's Motions in Limine #144 and #145 : Plaintiff's responses due by 10/23/2017. cc: counsel (JBM)
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| Filing 154 RESPONSE to Motion re #152 MOTION for Extension of Time to Complete Discovery filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 153 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 152 MOTION for Extension of Time to Complete Discovery by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Exhibit A - Dr. Palazzo's expert disclosures, #2 Exhibit B - Dr. Shrey's Supplemental expert report, #3 Proposed Order) (Moore, Charles) |
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Filing 151
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 9/14/2017. Upon request of counsel for Plaintiffs; IT IS ORDERED a Telephone Conference is set for 9/21/2017 at 10:30 AM, CDT, before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (KLL)
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| Filing 150 PRETRIAL COMPLIANCE Supplemental Witness List, Exhibit List, and Deposition Designations by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 149 Witness List & Exhibit List (Amended) by Caterpillar Global Mining America, LLC. (Miller, Byron) |
| Filing 148 PRETRIAL COMPLIANCE Page/Line Designations to Deposition of Edward Wester, Taken on July 7, 2017 by Caterpillar Global Mining America, LLC. (Miller, Byron) |
| Filing 147 PRETRIAL COMPLIANCE Page/Line Designations to Deposition of Anthony Yates, Taken on July 24, 2017 by Caterpillar Global Mining America, LLC. (Miller, Byron) |
| Filing 146 NOTICE of Appearance by Michael J. Bender on behalf of Caterpillar Global Mining America, LLC (Bender, Michael) |
| Filing 145 MOTION in Limine to Preclude or Limit Testimony of Kristy Fleming by Defendant Caterpillar Global Mining America, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Proposed Order) (McGlinchey, Deirdre) |
| Filing 144 MOTION in Limine to Preclude Evidence of and/or Reference to Treatment and Billings for Psychological Conditions by Defendant Caterpillar Global Mining America, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Proposed Order) (McGlinchey, Deirdre) |
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Filing 143
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/11/2017: The deadline for completing supplemental discovery is extended to 9/18/2017. cc: counsel (JBM)
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Filing 142
MEMORANDUM OPINION AND ORDER signed by Chief Judge Joseph H. McKinley, Jr. on 8/8/17; denying #118 Motion in Limine; granting in part and denying in part #121 Motion in Limine; granting #122 Motion in Limine. cc: Counsel(DJT)
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Filing 141
ORDER by Chief Judge Joseph H. McKinley, Jr. on 8/8/17: Plaintiffs' motions in limine objecting to Defendants' witnesses, depositions designations, portions of depositions, and exhibit list (DN #119 , DN #120 ) are remanded from the Courts docket with leave to refile pursuant to the current scheduling order(DN #138 ). IT IS FURTHER ORDERED that the Defendants motions in limine objecting to Plaintiffs' depositions designations and Plaintiffs exhibits (DN #112 , DN #117 ) are remanded from the Court's docket with leave to refile pursuant to the current scheduling order (DN #138 ). cc:counsel (DJT)
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Filing 140
MEMORANDUM OPINION AND ORDER signed by Chief Judge Joseph H. McKinley, Jr. on 8/8/17; granting in part and denying in part #115 Motion in Limine; granting in part and denying in part #116 Motion in Limine cc: Counsel(DJT)
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| Filing 139 Proposed Agreed Order/Stipulation re #137 by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
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Filing 138
ORDER by Chief Judge Joseph H. McKinley, Jr. on 5/11/2017: The jury trial scheduled for 11/27/2017 is vacated. Final Witness Lists due by 9/11/2017; Motions in Limine due by 10/9/2017 (Responses due by 10/23/2017); Proposed Jury Instructions due by 11/6/2017. Pre-trial Memorandum due by 11/6/2017. Proposed Voir Dire due by 11/6/2017. Final Pretrial Conference set for 11/20/2017 at 9:30 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.. Jury Trial reset for 12/4/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr. (Expected trial length: 10 days.) cc: counsel, DT (JBM)
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Filing 137
ORDER from proceedings held before Magistrate Judge H. Brent Brennenstuhl; Status Conference held on 4/28/2017: Daubert & Dispositive Motions due by 8/31/2017. The final pretrial conference scheduled for 5/5/2017, and the trial date currently scheduled for 5/22/2017, are REMANDED from the Court's docket. The jury trial is RESCHEDULED to be conducted before Chief Judge Joseph H. McKinley, Jr., on Monday, 11/27/2017, at 9:00 am, CST. (Approx. length 10 days) The telephonic status conference scheduled for 5/4/2017, at 9:00 am, CDT is REMANDED from the Court's docket. cc: Counsel (DJT)
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Filing 136
MEMORANDUM, OPINION AND ORDER signed by Magistrate Judge H. Brent Brennenstuhl on 4/20/17; granting in part and denying in part #103 Motion for Discovery, granting in part and denying in part #108 Motion to Strike. Telephonic Conference set for 4/28/2017 at 9:00 AM before Magistrate Judge H. Brent Brennenstuhl. CGMA's motion to strike (DN #108 ) is DENIED. IT IS FURTHER ORDERED that CGMA's motions (DN #103 , #108 ) to continue the trial date and to conduct a scheduling conference to select a new trial date and issue new scheduling order deadlines for the completion of fact and expert discovery is GRANTED. cc: Counsel(DJT)
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| Filing 135 PRETRIAL COMPLIANCE Plaintiffs' Response to Defendant's Objections to Plaintiffs' Exhibits [DN117] by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A - Armstrong Maintenance Logs, #2 Exhibit B - Caterpillar Press Release Nov 2012, #3 Exhibit C - Dr. Chaney Med Rec (2014-01-20), #4 Exhibit D - Caterpillar Global Mining Website, #5 Proposed Order) (Moore, Charles) |
| Filing 134 RESPONSE to Motion re #115 MOTION in Limine and Incorporated Memorandum in Support filed by Beau Brooks, Tina Brooks. (Attachments: #1 Proposed Order) (Moore, Charles) |
| Filing 133 RESPONSE to Motion re #118 MOTION in Limine to Strike Dr. David Shraberg as a Witness filed by Caterpillar Global Mining America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (McGlinchey, Deirdre) |
| Filing 132 RESPONSE to Motion re #121 MOTION in Limine to Preclude Reference to Undocumented and Unwitnessed Risk Assessments or Hazard Analyses Allegedly Performed on the Subject Bolting Machines or Predecessor Machines by Any Entitites filed by Caterpillar Global Mining America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (McGlinchey, Deirdre) |
| Filing 131 RESPONSE to Motion re #120 MOTION in Limine Objecting to Entry of Certain Defense Exhibits filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 130 RESPONSE to Motion re #119 MOTION in Limine Objecting to Defendant's Witnesses, Deposition Designations, and Portions of Depositions filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 129 RESPONSE to Motion re #116 MOTION in Limine filed by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A - July 2011 Press Release, #2 Exhibit B - Excerpts from Depo of Kevin Klein, #3 Exhibit C - Excerpts from Depo of Chad Baldwin, #4 Exhibit D - Potential Failure Mode and Effects Analysis, #5 Proposed Order Proposed Order) (Moore, Charles) |
| Filing 128 RESPONSE to Motion re #122 MOTION in Limine to Preclude Collateral Source Evidence filed by Caterpillar Global Mining America, LLC. (Miller, Byron) |
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Filing 127
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/6/2017: The Court's Order entered 11/15/2016, #101 , Paragraph No. 3 shall be amended to allow both parties to file all responses to any motions in limine, responses to any objections to witnesses, responses to any objections to exhibits, and/or any responses to objections to depositions no later than 4/12/2017. cc: counsel (JBM)
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| Filing 126 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 125 REPLY to Response to Motion re #108 MOTION to Strike Plaintiffs' Untimely Expert Disclosures or, alternatively, to Continue Trial Date and Reset Discovery Deadlines filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
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Filing 124
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 3/30/2017 re: #108 MOTION to Strike: Responses due by 3/27/2017.cc: counsel (JBM)
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| Filing 123 RESPONSE to Motion re #108 MOTION to Strike Plaintiffs' Untimely Expert Disclosures or, alternatively, to Continue Trial Date and Reset Discovery Deadlines filed by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A - Plfs' Responses to Discovery, #2 Exhibit B - Lawrence Lynch Report, #3 Proposed Order Proposed Order) (Moore, Charles) |
| Filing 122 MOTION in Limine to Preclude Collateral Source Evidence by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support, #2 Exhibit A: Medical Bills Itemization, #3 Exhibit B: Plfs' Answer to Def's 1st Set of Interrogatories, #4 Proposed Order) (Moore, Charles) |
| Filing 121 MOTION in Limine to Preclude Reference to Undocumented and Unwitnessed Risk Assessments or Hazard Analyses Allegedly Performed on the Subject Bolting Machines or Predecessor Machines by Any Entitites by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support, #2 Exhibit A: Looney 2016-06-16 Depo, #3 Exhibit B: Rector 2015-10-21 Depo, #4 Exhibit C: Klein 2016-12-06 Depo Excerpt, #5 Proposed Order) (Moore, Charles) |
| Filing 120 MOTION in Limine Objecting to Entry of Certain Defense Exhibits by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support, #2 Exhibit A: General Start Up & Operating Instructions, #3 Exhibit B: Dr. Shrey's Report, #4 Proposed Order) (Moore, Charles) |
| Filing 119 MOTION in Limine Objecting to Defendant's Witnesses, Deposition Designations, and Portions of Depositions by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support, #2 Exhibit A: Klein 2016-12-06 Depo, #3 Exhibit B: Collective Depo Excerpts of Johnson, Curtis, & Baldwin, #4 Proposed Order) (Moore, Charles) |
| Filing 118 MOTION in Limine to Strike Dr. David Shraberg as a Witness by Plaintiffs Beau Brooks, Tina Brooks (Attachments: #1 Memorandum in Support, #2 Exhibit A: Shraberg 2017-01-24 Depo, #3 Exhibit B: Affidavit of Beau Brooks, #4 Exhibit C: Worker's Comp Settlement, #5 Exhibit D: Def's Discl of Dmg Experts, #6 Exhibit E: Shraberg 2017-01-17 Depo, #7 Proposed Order) (Moore, Charles) |
| Filing 117 PRETRIAL COMPLIANCE Objections to Plaintiffs' Exhibits re #101 Order,, by Caterpillar Global Mining America, LLC. Related document: #101 Order,,. (McGlinchey, Deirdre) |
| Filing 116 MOTION in Limine by Defendant Caterpillar Global Mining America, LLC (Attachments: #1 Memorandum in Support) (McGlinchey, Deirdre) |
| Filing 115 MOTION in Limine and Incorporated Memorandum in Support by Defendant Caterpillar Global Mining America, LLC (McGlinchey, Deirdre) |
| Filing 114 Proposed Agreed Order/Stipulation re #108 by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 113 REPORT for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephone Conference held on 3/15/2017. The Court and counsel discussed the pending motions at DN #103 and DN #108 . The Court was able to obtain clarification on a number of the issues raised in the motions and will issue a ruling on those motions once they are ripe. cc: counsel (JBM) |
| Filing 112 PRETRIAL COMPLIANCE Objections and Counter Designations to Plaintiffs' Page-Line Designations by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
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Filing 111
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 3/8/2017, re #108 MOTION to Strike Plaintiffs' Untimely Expert Disclosures and #103 MOTION for Discovery filed by Caterpillar Global Mining America, LLC. IT IS ORDERED a Telephone Conference is set for 3/15/2017 at 11:00 AM, CDT, before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (KLL)
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| Filing 110 REPLY to Response to Motion re #108 MOTION to Strike Plaintiffs' Untimely Expert Disclosures or, alternatively, to Continue Trial Date and Reset Discovery Deadlines, #103 MOTION for Discovery to Permit Discovery Regarding Plaintiffs' February 2, 2017, "First Supplemental Responses to Defendant's First Set of Interrogatories" filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 109 RESPONSE to Motion re #103 MOTION for Discovery to Permit Discovery Regarding Plaintiffs' February 2, 2017, "First Supplemental Responses to Defendant's First Set of Interrogatories" filed by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A: Kristy Fleming Records, #2 Exhibit B: Shrey Report, #3 Exhibit C: Matheson Supplemental Report, #4 Exhibit D: Smith Supplemental Report, #5 Proposed Order) (Moorman, Dwayne) |
| Filing 108 MOTION to Strike Plaintiffs' Untimely Expert Disclosures or, alternatively, to Continue Trial Date and Reset Discovery Deadlines by Defendant Caterpillar Global Mining America, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order) (McGlinchey, Deirdre) |
| Filing 107 PRETRIAL COMPLIANCE : Plaintiffs' Witness List, Exhibit List, and Deposition Designations by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 106 NOTICE PAGE LINE DESIGNATIONS TO DEPO OF DAVID SHRABERG, MD by Caterpillar Global Mining America, LLC (Miller, Byron) |
| Filing 105 NOTICE PAGE LINE DESIGNATIONS TO DEPO OF STEPHANE BRAUN, MD by Caterpillar Global Mining America, LLC (Miller, Byron) |
| Filing 104 Witness List by Caterpillar Global Mining America, LLC. (Miller, Byron) |
| Filing 103 MOTION for Discovery to Permit Discovery Regarding Plaintiffs' February 2, 2017, "First Supplemental Responses to Defendant's First Set of Interrogatories" by Defendant Caterpillar Global Mining America, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Proposed Order) (McGlinchey, Deirdre) |
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Filing 102
ORDER by Chief Judge Joseph H. McKinley, Jr. on 1/13/2017 - MOTION to Strike Plaintiffs' Disclosure of Witness Bobby Brooks and to Preclude Testimony of Bobby Brooks at Trial #83 is DENIED. Discovery is extended to 3/1/2017 for the limited purpose of Defendant taking the deposition testimony of Bobby Brooks. The motion by Defendant to preclude counsel's personal videotapes or other recordings of depositions #84 is GRANTED. cc: Counsel(DAK)
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Filing 101
ORDER by Chief Judge Joseph H. McKinley, Jr. on 11/14/2016: Proposed Jury Instructions due by 4/21/2017. Motions in Limine due by 3/24/2017 (Responses due by 4/7/2017.) Pre-trial Memorandum due by 4/21/2017. Proposed Voir Dire due by 4/21/2017. Final Witness List due by 2/24/2017. Final Pretrial Conference set for 5/5/2017 at 12:00 PM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr.; Jury Trial set for 5/22/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr. (Expected trial length: 5 days.) cc: counsel, DT (JBM)
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Filing 100
ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Status Conference held on 11/8/2016. Jury Trial set for 5/22/2017 at 9:00 AM in Owensboro Courtroom before Chief Judge Joseph H. McKinley Jr. (expected trial length: 5 days). Telephone Conference set for 5/4/2017 at 9:00 AM before Magistrate Judge H. Brent Brennenstuhl. cc: counsel, ES, DT (JBM)
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| Filing 99 REPLY to Response to Motion re #84 MOTION in Limine to Preclude Counsel's Personal Videotapes or Other Recordings of Depositions filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 98 REPLY to Response to Motion re #83 MOTION to Strike Plaintiffs' Disclosure of Witness Bobby Brooks and to Preclude Testimony of Bobby Brooks at Trial filed by Caterpillar Global Mining America, LLC. (Attachments: #1 Exhibit 1) (McGlinchey, Deirdre) |
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Filing 97
ORDER by Magistrate Judge H. Brent Brennenstuhl on 10/25/2016: Replies to the responses to motions #83 MOTION to Strike, and #84 MOTION in Limine due by 11/8/2016. Telephone Conference set for 11/8/2016 at 10:30 AM before Magistrate Judge H. Brent Brennenstuhl. cc:counsel (JBM)
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| Filing 96 REPORT for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Settlement Conference held on 10/14/2016. The parties were unable to reach a settlement. cc: counsel (JBM) |
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Filing 95
MEMORANDUM OPINION AND ORDER signed by Magistrate Judge H. Brent Brennenstuhl on 9/19/16; granting in part and denying in part #86 Motion for Protective Order. cc: Counsel(DJT)
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| Filing 94 REPLY to Response to Motion re #86 MOTION for Protective Order filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 93 RESPONSE to Motion re #86 MOTION for Protective Order filed by Beau Brooks, Tina Brooks. Replies due by 8/29/2016. (Attachments: #1 Proposed Order) (Moore, Charles) |
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Filing 92
ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephone Conference held on 8/12/2016. Settlement Conference set for 10/14/2016 at 9:00 AM in chambers before Magistrate Judge H. Brent Brennenstuhl. Pending motions at DN #83 and DN #84 are held in abeyance pending the settlement conference. The Court will proceedto rule on the Motion for Protective Order at DN #86 . cc: counsel (JBM)
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Filing 91
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/1/2016. Upon the Court's own motion; IT IS ORDERED a Telephone Conference is set for 8/12/2016 at 9:00 AM, CDT, before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KLL)
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| Filing 90 RESPONSE to Motion re #83 MOTION to Strike Plaintiffs' Disclosure of Witness Bobby Brooks and to Preclude Testimony of Bobby Brooks at Trial filed by Beau Brooks, Tina Brooks. Replies due by 8/18/2016. (Attachments: #1 Exhibit A - Beau Brooks depo excerpts, #2 Exhibit B - Jackson v. Herrington, #3 Proposed Order) (Moore, Charles) |
| Filing 89 RESPONSE to Motion re #84 MOTION in Limine to Preclude Counsel's Personal Videotapes or Other Recordings of Depositions filed by Beau Brooks, Tina Brooks. Replies due by 8/18/2016. (Attachments: #1 Proposed Order) (Moore, Charles) |
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Filing 88
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 7/19/2016 re #86 MOTION for Protective Order: Responses due by 8/12/2016. cc: counsel (JBM)
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| Filing 87 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 86 MOTION for Protective Order by Defendant Caterpillar Global Mining America, LLC Responses due by 8/1/2016 (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order) (McGlinchey, Deirdre) |
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Filing 85
MEMORANDUM OPINION AND ORDER denying #65 Motion to preclude or limit the testimony of Plaintiffs' experts, Leonard Matheson and Stan Smith; granting in part and denying in part #70 Motion to limit the testimony of expert Stan Smith regarding Plaintiffs alleged destruction of power to labor and earn money. Signed by Chief Judge Joseph H. McKinley, Jr. on 7/6/2016. cc: Counsel(JBM)
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| Filing 84 MOTION in Limine to Preclude Counsel's Personal Videotapes or Other Recordings of Depositions by Defendant Caterpillar Global Mining America, LLC Responses due by 8/1/2016 (Attachments: #1 Memorandum in Support, #2 Proposed Order) (McGlinchey, Deirdre) |
| Filing 83 MOTION to Strike Plaintiffs' Disclosure of Witness Bobby Brooks and to Preclude Testimony of Bobby Brooks at Trial by Defendant Caterpillar Global Mining America, LLC Responses due by 8/1/2016 (Attachments: #1 Memorandum in Support, #2 Exhibit "A", #3 Proposed Order) (McGlinchey, Deirdre) |
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Filing 82
MEMORANDUM OPINION AND ORDER: The motion #69 in limine by Defendant, Caterpillar Global Mining America, LLC, to preclude at trial evidence of post-accident modification of the roof bolter at issue in this litigation pursuant to Fed. R. Evid. 401, 402, and/or 403 is DENIED. Signed by Chief Judge Joseph H. McKinley, Jr. on 7/6/2016. cc: Counsel (JBM)
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Filing 81
ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephone Conference held on 6/2/2016. The deposition of Jeff Looney shall be conducted at the location selected by the Plaintiffs which will permit them to conduct it via video conference; Defendant shall file a Motion for Protective Order regarding any objections to the topics contained in Plaintiffs' Notice to Take Video Deposition; The telephonic status conference scheduled to be conducted on 6/6/2016, is REMANDED from the Court's docket. cc: counsel (JBM)
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Filing 80
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/13/2016. Upon request of counsel for Plaintiffs; IT IS ORDERED a Telephone Conference is set for 6/2/2016 at 3:00 PM, CDT, before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KLL)
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| Filing 79 REPLY to Response to Motion re #70 MOTION in Limine to Limit Testimony of Expert Stan Smith Regarding Plaintiff's Alleged "Destruction of Power to Labor and Earn Money" filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 78 REPLY to Response to Motion re #69 MOTION in Limine to Preclude Evidence of Post-Accident Modification to Product Pursuant to FRE 401, 402 and/or 403 filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 77 RESPONSE to Motion re #70 MOTION in Limine to Limit Testimony of Expert Stan Smith Regarding Plaintiff's Alleged "Destruction of Power to Labor and Earn Money" filed by Beau Brooks, Tina Brooks. Replies due by 5/5/2016. (Attachments: #1 Proposed Order) (Moore, Charles) |
| Filing 76 RESPONSE to Motion re #69 MOTION in Limine to Preclude Evidence of Post-Accident Modification to Product Pursuant to FRE 401, 402 and/or 403 filed by Beau Brooks, Tina Brooks. Replies due by 5/2/2016. (Attachments: #1 Proposed Order) (Moore, Charles) |
| Filing 75 REPLY to Response to Motion re #65 MOTION in Limine to Preclude or Limit Testimony of Experts Leonard Matheson and Stan Smith Caterpillar Global Mining America, LLC's Reply to Plaintiffs' Response to Motion to Preclude or Limit Testimony of Experts Leonard Matheson and Stan Smith (Doc 71) filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
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Filing 74
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 3/29/16: Plaintiffs shall file Responses to Defendant's Motion to Preclude Evidence of Post Accident Modification, DN #69 , and Defendant Motion Limit Testimony of Expert Stan Smith, DN #70 , no later than 4/15/2016. cc: Counsel (DJT)
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| Filing 73 Proposed Order by Beau Brooks, Tina Brooks. (Moore, Charles) |
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Filing 72
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 3/16/2016 re: #65 MOTION in Limine to Preclude or Limit Testimony of Experts Leonard Matheson and Stan Smith: Plaintiff's Response due by 3/14/2016. cc: counsel (JBM)
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| Filing 71 RESPONSE to Motion re #65 MOTION in Limine to Preclude or Limit Testimony of Experts Leonard Matheson and Stan Smith filed by Beau Brooks, Tina Brooks. Replies due by 4/1/2016. (Attachments: #1 Exhibit A - 5-11-13 Operative Report, #2 Exhibit B - Excerpts from Dr. Braun depo, #3 Exhibit C - 10-09-13 record from Dr. Braun, #4 Exhibit D - Dr. Matheson's CV, #5 Exhibit E - Stan Smith's CV, #6 Exhibit F - Excerpts from Stan Smith's depo, #7 Exhibit G - Caterpillar's Disclosure of Damages Experts, #8 Proposed Order) (Moore, Charles) |
| Filing 70 MOTION in Limine to Limit Testimony of Expert Stan Smith Regarding Plaintiff's Alleged "Destruction of Power to Labor and Earn Money" by Defendant Caterpillar Global Mining America, LLC Responses due by 3/31/2016 (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit 1, #4 Exhibit 2) (McGlinchey, Deirdre) |
| Filing 69 MOTION in Limine to Preclude Evidence of Post-Accident Modification to Product Pursuant to FRE 401, 402 and/or 403 by Defendant Caterpillar Global Mining America, LLC Responses due by 3/31/2016 (Attachments: #1 Proposed Order, #2 Memorandum in Support) (McGlinchey, Deirdre) |
| Filing 68 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
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Filing 67
ORDER by Chief Judge Joseph H. McKinley, Jr. on 2/18/2016: Plaintiff's objections #64 to the Magistrate Judge's Order granting Defendant's motion to modify the scheduling order are OVERRULED. cc: counsel (JBM)
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| Filing 66 Response to Objections re #64 Objection to the Magistrate Judge's Order of January 20, 2016 Granting Defendant's Motion to Modify Scheduling Order filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 65 MOTION in Limine to Preclude or Limit Testimony of Experts Leonard Matheson and Stan Smith by Defendant Caterpillar Global Mining America, LLC Responses due by 3/7/2016 (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3) (McGlinchey, Deirdre) |
| Filing 64 Objection to #63 Order on Motion to Modify, filed by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit A - Excerpts from Dr. Matheson depo, #2 Exhibit B - medical record from Dr. Chaney, #3 Proposed Order) (Moore, Charles) |
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Filing 63
ORDER granting #57 Motion to Modify Scheduling Order: Dispositive/Daubert Motions due by 6/30/2016. Expert Witness (Plaintiff) due by 3/31/2016. Telephone Conference set for 6/6/2016 at 9:00 AM before Magistrate Judge H. Brent Brennenstuhl. Signed by Magistrate Judge H. Brent Brennenstuhl on 1/20/2016. cc: Counsel (JBM)
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Filing 62
MEMORANDUM OPINION AND ORDER: The motions in limine by Defendant, Caterpillar GlobalMining America, LLC, to preclude testimony of Plaintiffs experts, Thomas Boutaugh and Jack Spadaro, #37 and #36 are DENIED. Signed by Chief Judge Joseph H. McKinley, Jr. on 1/20/2016. cc: Counsel (JBM)
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Filing 61
MEMORANDUM OPINION AND ORDER: The motion in limine by Defendant, Caterpillar Global Mining America, LLC, to preclude at trial evidence of the post-accident modification of the roof bolter at issue in this litigation pursuant to Fed. R. Evid. 407 (DN #46 ) is DENIED. Signed by Chief Judge Joseph H. McKinley, Jr. on 1/20/2016. cc: Counsel(JBM)
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| Filing 60 REPLY to Response to Motion re #57 MOTION to Modify Scheduling Order filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 59 RESPONSE to Motion re #57 MOTION to Modify Scheduling Order filed by Beau Brooks, Tina Brooks. Replies due by 12/24/2015. (Attachments: #1 Exhibit A - Def's disclosure of damages experts, #2 Exhibit B - Def's supplemental disclosure of damages expert, #3 Exhibit C - Report of Robert Smith, Ph.D., #4 Exhibit D - Info on Cymbalta, #5 Proposed Order) (Moore, Charles) |
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Filing 58
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 11/17/2015. Pursuant to the telephonic conference which was conducted on 11/09/2015; IT IS ORDERED the Telephonic Status Conference scheduled for 12/07/2015 is REMANDED from the Court's docket. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KL)
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| Filing 57 MOTION to Modify Scheduling Order by Defendant Caterpillar Global Mining America, LLC Responses due by 12/7/2015 (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit 1) (McGlinchey, Deirdre) |
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Filing 56
ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephone Conference held on 11/9/2015: Dispositive/Daubert Motions due by 2/29/2016; Discovery due by 2/1/2016; Defendant shall file a motion to modify scheduling order by 11/16/2015. Motion #54 held in abeyance re: #54 MOTION for Protective Order cc:counsel (JBM)
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Filing 55
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 11/5/2015. Upon request of counsel for the parties; IT IS ORDERED a Telephone Conference is set for 11/9/2015, at 03:15 PM, CST. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KL)
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| Filing 54 MOTION for Protective Order by Defendant Caterpillar Global Mining America, LLC Responses due by 11/27/2015 (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 1 to Exhibit 4) (McGlinchey, Deirdre) |
| Filing 53 REPLY to Response to Motion re #46 MOTION in Limine to Preclude Evidence of Post-Accident Modification of Product filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 52 RESPONSE to Motion re #46 MOTION in Limine to Preclude Evidence of Post-Accident Modification of Product filed by Beau Brooks, Tina Brooks. Replies due by 10/2/2015. (Attachments: #1 Exhibit A - Excerpts from Bobby Curtis depo, #2 Exhibit B - Excerpts from Graham Wand depo, #3 Exhibit C - Excerpts from James Bell depo, #4 Exhibit D - Excerpts from Chad Baldwin depo, #5 Exhibit E - Excerpts from Andrew Johnson depo, #6 Proposed Order) (Moore, Charles) Modified Reply deadline per Agreed Order entered at DN #50 on 9/18/2015 (DJT). |
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Filing 51
ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl; Telephonic Status Conference held on 9/4/2015: Daubert & Dispositive Motions due by 12/16/2015. Discovery due by 11/16/2015. Expert Witness (Defendant) due by 11/16/2015. Expert Witness (Plaintiff) due by 11/16/2015. Telephonic Status Conference set for 12/7/2015 at 9:30 AM before Magistrate Judge H. Brent Brennenstuhl. cc: counsel (DJT)
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Filing 50
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 9/3/2015 re: #46 MOTION in Limine to Preclude Evidence of Post-Accident Modification of Product : Responses due by 9/17/2015, Replies due by 10/2/2015. cc:counsel (JBM)
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| Filing 49 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
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Filing 48
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 9/2/2015. Upon request of counsel for the Plaintiffs; IT IS ORDERED a Telephone Conference shall be conducted before Magistrate Judge Brennenstuhl on 9/4/2015, at 02:00 PM, CDT. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KL)
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| Filing 47 REPLY to Response to Motion re #37 MOTION in Limine Moton to Preclude Testimony of Thomas Boutaugh, #36 MOTION in Limine Motion to Preclude Testimony of Jack Spadaro filed by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 46 MOTION in Limine to Preclude Evidence of Post-Accident Modification of Product by Defendant Caterpillar Global Mining America, LLC Responses due by 9/3/2015 (Attachments: #1 Memorandum in Support, #2 Proposed Order) (McGlinchey, Deirdre) |
| Filing 45 RESPONSE to re #37 MOTION in Limine Moton to Preclude Testimony of Thomas Boutaugh, #36 MOTION in Limine Motion to Preclude Testimony of Jack Spadaro COMBINED filed by Beau Brooks, Tina Brooks. (Attachments: #1 Exhibit Exhibit A - Thomas Boutaugh Report, #2 Exhibit B - Caterpillar product description, #3 Exhibit C - Beau Brooks depo, #4 Exhibit D - Boutaugh's depo, #5 Exhibit E - Depos of ChadBaldwin & Andrew Johnson, #6 Exhibit F - Affidavit of Thomas Boutaugh, #7 Exhibit G - Operation & Maintenance Manual 2.9, #8 Exhibit H - CAT 0545, 0546, 0547, #9 Exhibit I - Photograph (on p. 3 Boutaugh Rpt.), #10 Exhibit Photos (on p.4 Boutaugh Rpt.), #11 Exhibit K - Photo (on p.6 Boutaugh Rpt.), #12 Exhibit L - Excerpt from Bobby Curtis Depo., #13 Exhibit M - Jack Spadaro CV, #14 Exhibit O - Affidavit of Jack Spadaro, #15 Exhibit P - Jack Spadaro Report, #16 Proposed Order Denying Spadaro Motion, #17 Proposed Order Denying Boutaugh Motion) (Moore, Charles) |
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Filing 44
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 7/23/2015: Dispositive/Daubert Motions due by 10/2/2015. Discovery due by 9/15/2015. cc:counsel (JBM)
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Filing 43
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 7/23/2015 re: #37 MOTION in Limine to Preclude Testimony of Thomas Boutaugh, #36 MOTION in Limine to Preclude Testimony of Jack Spadaro: Responses due by 7/31/2015. cc:counsel (JBM)
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| Filing 42 Proposed Agreed Order/Stipulation by Caterpillar Global Mining America, LLC. (McGlinchey, Deirdre) |
| Filing 41 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
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Filing 40
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 6/23/2015. At the request of counsel for the Plaintiffs; IT IS ORDERED the settlement conference scheduled for 6/25/2015 is REMANDED from the Court's docket. This matter will be scheduled for a telephonic status conference following the Court's ruling on dispositive and/or daubert motions. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KL)
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| Filing 39 NOTICE of Filing by Caterpillar Global Mining America, LLC (McGlinchey, Deirdre) |
| Filing 38 NOTICE of Filing by Caterpillar Global Mining America, LLC (McGlinchey, Deirdre) |
| Filing 37 MOTION in Limine Moton to Preclude Testimony of Thomas Boutaugh by Defendant Caterpillar Global Mining America, LLC Responses due by 7/13/2015 (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2) (McGlinchey, Deirdre) (Additional attachment(s) added on 6/23/2015: #4 Proposed Order) (DJT). |
| Filing 36 MOTION in Limine Motion to Preclude Testimony of Jack Spadaro by Defendant Caterpillar Global Mining America, LLC Responses due by 7/13/2015 (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (McGlinchey, Deirdre) (Additional attachment(s) added on 6/23/2015: #6 Proposed Order) (DJT). |
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Filing 35
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 6/22/2015. A settlement conference is scheduled in this matter for 6/25/2015; IT IS THEREFORE ORDERED the telephonic status conference previously scheduled for 6/22/2015, at 9:30 am, CDT, is REMANDED from the Court's docket. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KL)
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Filing 34
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 6/8/15: Defendant Caterpillar Global Mining America, LLC shall submit any written reports from their damages experts pursuant to Fed.R.Civ.P. 26(a)(2) up to and including 7/10/2015. cc:counsel (DJT)
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| Filing 33 Proposed Agreed Order/Stipulation by Caterpillar Global Mining America, LLC. (Miller, Byron) |
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Filing 32
ORDER (EBOC) by Magistrate Judge H. Brent Brennenstuhl on 6/2/15: Settlement Conference set for 6/25/2015 at 11:00 AM in Owensboro Courtroom before Magistrate Judge H. Brent Brennenstuhl. cc:counsel (DJT)
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Filing 31
ORDER granting #30 Motion to Appear Pro Hac Vice as to Charles S. Smith; Signed by Magistrate Judge H. Brent Brennenstuhl on 5/13/15. cc: Counsel (DJT)
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| Filing 30 MOTION for Charles S. Smith to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-2008167.by Defendant Caterpillar Global Mining America, LLC Responses due by 6/4/2015 (Attachments: #1 Affidavit of Charles Smith, #2 Kentucky Bar Association Out-of-State Certification, #3 Proposed Order) (Miller, Byron) |
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Filing 29
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/14/15: No later than 5/1/2015, Defendants shall disclose the identity of any person who may be used at trial to provide expert testimony regarding liability under Fed. R. Civ. P. 26(a)(2)(A) and shall submit written reports from any expert witnesses who are retained or specially employed as required by Fed. R. Civ. P. 26(a)(2)(B). cc:counsel (DJT)
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Filing 28
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/14/15: Discovery due by 7/15/2015. Expert Witness (Defendant) due by 6/15/2015. Expert Witness (Plaintiff) due by 4/13/2015. cc:counsel (DJT)
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| Filing 27 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 26 Proposed Agreed Order/Stipulation by Caterpillar Global Mining America, LLC. (Miller, Byron) |
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Filing 25
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 2/1/2015; Discovery due by 6/30/2015. Plaintiff's Expert Witnesses regarding liability due 2/15/2015 (regarding damages due by 3/30/2015); Defendant's Expert Witness regarding liability due 4/15/2015 (regarding damages due by 5/30/2015.) cc:counsel (JBM)
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| Filing 24 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
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Filing 23
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 1/5/15: Daubert & Dispositive Motions due by 8/1/2015. Discovery due by 6/15/2015. Expert Witness (Defendant) due by 4/2/2015. Expert Witness (Plaintiff) due by 2/2/2015. Telephone Conference set for 6/22/2015 at 9:30 AM before Magistrate Judge H. Brent Brennenstuhl. cc:counsel (DJT)
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| Filing 22 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
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Filing 21
ORDER granting #20 Joint Motion for Protective Order; Signed by Magistrate Judge H. Brent Brennenstuhl on 11/17/14. cc: Counsel (DJT)
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| Filing 20 Joint MOTION for Protective Order by Defendant Caterpillar Global Mining America, LLC Responses due by 12/8/2014 (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit "A") (McGlinchey, Deirdre) |
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Filing 19
AGREED ORDER by Chief Judge Joseph H. McKinley, Jr on 11/13/14: Court orders that the business entity Caterpillar Global Mining America, LLC shall be substituted in this case as the Defendant in the above referenced action for Caterpillar Inc. and Caterpillar Inc. shall no longer be a party to this action. cc:counsel (DJT)
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| Filing 18 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
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Filing 17
ORDER granting #16 Motion for Extension of Time to File a Third-Party Complaint; Signed by Magistrate Judge H. Brent Brennenstuhl on 11/4/14: The deadline for the Defendant to file a third-party complaint against Beau Brooks employer is extended to thirty (30) days following the completion of Beau Brooks deposition. cc: Counsel (DJT)
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| Filing 16 MOTION for Extension of Time to File A Third-Party Complaint Against Plaintiff Beau Brooks' Employer by Defendant Caterpillar, Inc. Responses due by 10/27/2014 (Attachments: #1 Proposed Order) (Miller, Byron) |
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Filing 15
AGREED ORDER by Magistrate Judge H. Brent Brennenstuhl on 10/1/14: Amended Pleadings & Joinder of Parties due by 10/24/2014. cc:counsel (DJT)
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| Filing 14 Proposed Agreed Order/Stipulation by Beau Brooks, Tina Brooks. (Moore, Charles) |
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Filing 13
SCHEDULING ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl; Telephonic Scheduling Conference held on 6/6/2014: Amended Pleadings due by 10/1/2014. Daubert Motion due by 6/2/2015. Discovery due by 5/1/2015. Dispositive Motions due by 6/2/2015. Expert Witness (Defendant) due by 3/2/2015. Expert Witness (Plaintiff) due by 1/2/2015. Joinder of Parties due by 10/1/2014. Rule 26(a)(1) Disclosure due by 6/2/2014. Telephonic Status Conference set for 5/8/2015 at 9:00 AM before Magistrate Judge H. Brent Brennenstuhl. cc:counsel, TD (DJT)
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| Filing 12 Counter REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Exhibit A - E-mail of 5-30-2014 to Defense Counsel, #2 Exhibit B - Plaintiffs' Proposed Litigation Plan) by Beau Brooks, Tina Brooks. (Moore, Charles) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting by Caterpillar, Inc.. (Miller, Byron) |
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Filing 10
ORDER granting #9 Motion to Appear Pro Hac Vice as to Deirdre C. McGlinchey. Signed by Magistrate Judge H. Brent Brennenstuhl on 5/22/14. cc:counsel (DJT)
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| Filing 9 MOTION for Deirdre C. McGlinchey to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1819826.by Defendant Caterpillar, Inc. Responses due by 6/9/2014 (Attachments: #1 Affidavit Affidavit of Deirdre McGlinchey, #2 McGlinchey Certificate of Good Standing, #3 Proposed Order) (Miller, Byron) |
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Filing 8
ORDER (EBOC) by Chief Judge Joseph H. McKinley, Jr on 4/28/14: Rule 26 Meeting Report due by 6/2/2014. Telephonic Scheduling Conference set for 6/6/2014 at 9:30 AM before Magistrate Judge H. Brent Brennenstuhl. cc:counsel, TD (DJT) Modified docket text on 4/28/2014 (DJT).
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| Scheduling Conference set for 6/6/2014 at 9:30 AM in Teleconference before Magistrate Judge H. Brent Brennenstuhl. (DJT) |
| Filing 7 Corporate Disclosure Statement by Caterpillar, Inc.. (Miller, Byron) |
| Filing 6 ANSWER to #1 Complaint with Jury Demand by Caterpillar, Inc.. (Miller, Byron) |
| Filing 5 SUMMONS Returned Executed by Beau Brooks, Tina Brooks. Caterpillar, Inc. served on 3/19/2014, answer due 4/9/2014. (Moore, Charles) |
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Filing 4
ORDER (EBOC) by Chief Judge Joseph H. McKinley, Jr on 3/14/14; This action is hereby REFERRED to the Honorable H. BRENT BRENNNSTUHL, United States Magistrate Judge, for determination of nondispositive matters pursuant to Title 28, U.S.C. 636(b)(1)(A). Said Magistrate is empowered to conduct any hearings necessary for their resolution. cc:counsel (JBM)
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| Filing 3 Summons Issued as to Caterpillar, Inc.. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JBM) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Chief Judge Joseph H. McKinley, Jr.. (JBM) |
| Filing 1 COMPLAINT against Caterpillar, Inc. Filing fee $ 400, receipt number 0644-1786238, filed by Beau Brooks, Tina Brooks. (Attachments: #1 Cover Sheet) (JBM) |
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