Atlantic Specialty Insurance Company et al v. Caterpillar, Inc.
| AGCS Marine Insurance Company, State National Insurance Company, Mitsui Sumitomo Insurance Company of America, Navigators Insurance Company, Atlantic Specialty Insurance Company, Markel American Insurance Company, Stratford Insurance Company and Lloyd's Underwriters |
| Caterpillar, Inc. and Caterpillar Inc |
| 2:2020cv01863 |
| July 1, 2020 |
| US District Court for the Eastern District of Louisiana |
| Nannette Jolivette Brown |
| Donna Phillips Currault |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1333 Property Damage |
| Defendant |
Docket Report
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This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
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Filing 58
EXPARTE/CONSENT Joint MOTION for Extension of Deadlines to Extend 60 Day Dismissal Order for Additional Time to Execute Release and Transmit Settlement Funds by all Plaintiffs and by Caterpillar Inc. (Attachments: #1 Proposed Order)(Schupp, Benjamin) Modified text on 7/11/2022 (jls).
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Filing 57
Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Status Conference held on 6/23/2022. Parties were advised to work together to resolve their outstanding issue, absent which a motion to enforce settlement may be filed. The parties are also advised to file a motion to extend the 60-day order of dismissal as necessary to allow them to consummate the settlement. (cwa)
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Filing 56
ORDER: IT IS ORDERED that a status conference is hereby scheduled on THURSDAY, JUNE 23, 2022, at 11:00 a.m. The status conference will be held via video conference, and a log-in invitation will be emailed to counsel. Signed by Magistrate Judge Donna Phillips Currault on 6/22/2022.(cwa)
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Filing 55
ORDER DISMISSING CASE: IT IS HEREBY ORDERED that this action be and is hereby dismissed without costs and without prejudice to the right, upon good cause shown within sixty days, to reopen the action if settlement is not consummated. FURTHER ORDERED that the parties be directed to file an appropriate order of dismissal as soon as the settlement documents are executed. Signed by Chief Judge Nannette Jolivette Brown on 5/11/2022.(jls)
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Filing 54
Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Settlement Conference held on 5/10/2022. After extensive settlement discussions with the parties and counsel, the court was advised that a settlement has been reached. By copy of this minute entry, Chief Judge Brown is advised so that she may enter an appropriate 60-day conditional dismissal order. (NEF: Sec G) (cwa)
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Filing 53
ORDER GRANTING #52 Motion to Remove Counsel of Record. Attorney Rufus C. Harris, III and Cindy Galpin Martin are withdrawn as counsel of record for Plaintiffs. Alfred J. Rufty, III remains enrolled as counsel of record for Plaintiffs. Signed by Chief Judge Nannette Jolivette Brown on 4/29/2022. (jls)
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Filing 52
EXPARTE/CONSENT MOTION to Withdraw Rufus C. Harris, III; Cindy Galpin Martin as Attorney by AGCS Marine Insurance Company, Atlantic Specialty Insurance Company, Lloyd's Underwriters, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America, Navigators Insurance Company, State National Insurance Company, Stratford Insurance Company. (Attachments: #1 Proposed Order)(Rufty, Alfred)
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Filing 51
ORDER: IT IS ORDERED that a second Settlement Conference is scheduled for TUESDAY, MAY 10, 2022, at 2:00 p.m., before Magistrate Judge Donna Phillips Currault. At least two (2) full business days before the conference, each party shall provide a short (no longer than two (2) pages double-spaced), confidential update to their earlier confidential settlement statements, to Chambers via email. It is the duty of the parties to notify my Chambers if this case is continued, settled, or otherwise disposed of prior to the date of the scheduled settlement conference. This settlement conference will be conducted via video-conference. Signed by Magistrate Judge Donna Phillips Currault on 4/21/2022. (NEF: Sec G)(cwa)
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Filing 50
ORDERED that the #46 , #47 Motions for Leave to File are DENIED AS MOOT. Signed by Chief Judge Nannette Jolivette Brown on 10/21/2021. (jls)
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Filing 49
ORDER AND REASONS GRANTING #21 Motion for Partial Summary Judgment, as set forth in document. FURTHER ORDERED that Plaintiffs' implied warranty claims are DISMISSED WITH PREJUDICE. Signed by Chief Judge Nannette Jolivette Brown on 10/18/2021. (jls)
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Filing 48
ORDER AND REASONS DENYING Defendant's #22 Motion for Partial Summary Judgment, as set forth in document. Signed by Chief Judge Nannette Jolivette Brown on 10/15/2021. (jls)
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Filing 47
EXPARTE/CONSENT MOTION for Leave to File Supplemental Reply Memorandum in Support of Motion For Partial Summary Judgment by Caterpillar Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Schupp, Benjamin)
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Filing 46
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply re Motion for Summary Judgment by AGCS Marine Insurance Company, Atlantic Specialty Insurance Company, Lloyd's Underwriters, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America, Navigators Insurance Company, State National Insurance Company. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Rufty, Alfred) Modified text on 10/5/2021 (jls).
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Filing 45
ORDER: IT IS HEREBY ORDERED that the trial date is continued to June 6, 2022. A pretrial conference will be held on May 25, 2022 at 4:00 PM. The Court will extend the discovery deadline for forty-five days from September 30, 2021. All other deadlines remain the same. Signed by Chief Judge Nannette Jolivette Brown on October 1, 2021.(mp)
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Filing 44
Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Status Conference held on 9/30/2021. The parties agreed to continue the trial date to June 6, 2022. A pretrial conference will be held on May 25, 2022 at 4:00 PM. The Court will extend the discovery deadline for forty-five days from September 30, 2021. All other deadlines remain the same. (mp)
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Filing 43
ORDER - Considering General Order 21-14 suspending jury trials until November 1, 2021, IT IS HEREBY ORDERED that the pretrial conference scheduled for Thursday, September 30, 2021 at 2:00 PM is converted to a status conference to discuss resetting the October 18, 2021 trial date and associated pretrial deadlines. IT IS FURTHER ORDERED that the status will proceed via videoconference. Counsel will receive a Zoom link from chambers. Only counsel of record may appear at the status conference. Signed by Chief Judge Nannette Jolivette Brown on 9/22/21.(cg)
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Filing 42
Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Settlement Conference held on 9/21/2021. After discussions, the court was advised that the parties were unable to reach a settlement. By copy of this minute entry, Chief Judge Brown is advised that this matter has not yet been resolved. Signed by Judge Donna Phillips Currault on 9/21/2021. (NEF: Section G) (sa)
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Filing 41
ORDER GRANTING #40 Motion for Withdrawal and Substitution of Counsel. Attorney Farren Lorraine Davis is hereby enrolled as counsel of record for Defendant Caterpillar Inc. in place of Adam C. McNeil. Signed by Chief Judge Nannette Jolivette Brown on 9/16/2021. (jls)
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Filing 40
EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Farren L. Davis to be substituted in place of Adam C. McNeil by Caterpillar Inc. (Attachments: #1 Proposed Order)(Schupp, Benjamin)
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Filing 39
Order that the Settlement Conference previously scheduled for 9/13/2021 is hereby rescheduled to TUESDAY, 9/21/2021 at 2:00 p.m. At least ten days before the settlement conference, Plaintiff(s) must make a settlement demand, and Defendant(s) shall respond to that demand no later than one week before the conference. At least two (2) full business days before the conference, each party shall provide a confidential, concise position letter or memorandum no longer than four (4) pages double-spaced, including the case number and case name, outlining the settlement position of the party and the evidence the party expects to produce at trial. It is the duty of the parties to notify my Chambers if this case is continued, settled, or otherwise disposed of prior to the date of the scheduled settlement conference. This settlement conference will be conducted via video-conference. Participation of parties in addition to counsel increases the efficiency and effectiveness of the Settlement Conference. Therefore, counsel must instruct their clients to be present on the videoconference at the start of the conference. Signed by Magistrate Judge Donna Phillips Currault on 9/10/2021. (NEF: Sect G)(caa)
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Filing 38
REPLY to Response to Motion filed by Caterpillar, Inc. re #22 Second MOTION for Partial Summary Judgment (regarding plaintiffs' tort claims). (mp)
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Filing 37
ORDER GRANTING #36 Motion for Leave to File Reply Memorandum. Signed by Chief Judge Nannette Jolivette Brown on August 26, 2021. (mp)
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Filing 36
EXPARTE/CONSENT MOTION for Leave to File Supplemental Reply Memorandum In Support of Motions for Partial Summary Judgment, rec. docs. 21 & 22 by Caterpillar, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Schupp, Benjamin) Modified text on 8/26/2021 (jls).
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Filing 35
Supplemental Memorandum filed by AGCS Marine Insurance Company, Atlantic Specialty Insurance Company, Lloyd's Underwriters, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America, Navigators Insurance Company, State National Insurance Company, Stratford Insurance Company, in Opposition of #21 First MOTION for Partial Summary Judgment (regarding plaintiffs' implied warranty claims), and #22 Second MOTION for Partial Summary Judgment (regarding plaintiffs' tort claims). (jls)
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Filing 34
ORDER GRANTING #33 Motion for Leave to File Reply Memorandum Against Motion for Summary Judgment. Signed by Chief Judge Nannette Jolivette Brown on 8/20/2021. (jls)
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Filing 33
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum against Motion for Summary Judgement by AGCS Marine Insurance Company, Atlantic Specialty Insurance Company, Lloyd's Underwriters, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America, Navigators Insurance Company, State National Insurance Company, Stratford Insurance Company. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Rufty, Alfred) Modified text on 8/23/2021 (lw).
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Filing 32
ORDERED that the #28 Joint Motion to Extend Discovery Deadline, or Alternatively, to Conduct Discovery After Current Deadline is GRANTED IN PART. IT IS FURTHER ORDERED that the discovery cutoff deadline in this case be continued from 8/18/2021 to 9/1/2021. All other deadlines in the Scheduling Order remain the same. Signed by Chief Judge Nannette Jolivette Brown on 8/10/2021. (jls)
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Filing 31
REPLY to Response to Motion filed by Caterpillar, Inc. re #21 First MOTION for Partial Summary Judgment (regarding plaintiffs' implied warranty claims), and #22 Second MOTION for Partial Summary Judgment (regarding plaintiffs' tort claims). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(jls)
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Filing 30
ORDER GRANTING #29 Motion for Leave to File Reply Memorandum in Support of Motions for Partial Summary Judgment. Signed by Chief Judge Nannette Jolivette Brown on 8/10/2021. (jls)
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Filing 29
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motions for Partial Summary Judgment by Caterpillar, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Brief in Support, #3 Proposed Pleading Ex A, #4 Proposed Pleading Ex B, #5 Proposed Pleading Ex C, #6 Proposed Pleading Ex D)(McGlinchey, Deirdre)
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Filing 28
EXPARTE/CONSENT Joint MOTION for Extension of Discovery Deadline, Or Alternatively, to Conduct Discovery After Current Deadline by All Parties, filed by Caterpillar, Inc. (Attachments: #1 Proposed Order)(McGlinchey, Deirdre) Modified text on 8/9/2021 (jls).
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Filing 27
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #21 First MOTION for Partial Summary Judgment (regarding plaintiffs' implied warranty claims) and #22 Second MOTION for Partial Summary Judgment (regarding plaintiffs' tort claims). (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Affidavit)(Rufty, Alfred) Modified text on 8/4/2021 (jls).
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Filing 26
Witness and Exhibit List by All Plaintiffs. (Harris, Rufus)
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Filing 25
Witness and Exhibit List by Caterpillar, Inc.. (McGlinchey, Deirdre)
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Filing 24
ORDER AND REASONS denying #16 Motion for Extension of Deadlines and Continue Trial. Signed by Chief Judge Nannette Jolivette Brown on 7/16/2021. (cwa)
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Filing 23
Correction of Docket Entry by Clerk re #22 Second MOTION for Partial Summary Judgment (regarding plaintiffs' tort claims). Document contains incorrect Magistrate Judge. All future pleadings must reflect Magistrate Judge Donna Phillips Currault (2). (lw)
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Filing 22
Second MOTION for Partial Summary Judgment (regarding plaintiffs' tort claims) by Caterpillar, Inc. Motion(s) will be submitted on 8/11/2021. (Attachments: #1 Notice of Submission, #2 Statement of Contested/Uncontested Facts, #3 Memorandum in Support, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(McGlinchey, Deirdre)
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Filing 21
First MOTION for Partial Summary Judgment (regarding plaintiffs' implied warranty claims) by Caterpillar, Inc. Motion(s) will be submitted on 8/11/2021. (Attachments: #1 Notice of Submission, #2 Statement of Contested/Uncontested Facts, #3 Memorandum in Support, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(McGlinchey, Deirdre)
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Filing 20
ORDER - IT IS ORDERED that a Settlement Conference is scheduled for MONDAY, SEPTEMBER 13, 2021, at 9:00 a.m., before Magistrate Judge Donna Phillips Currault. At least two (2) full business days before the conference, each party shall provide a confidential, concise position letter or memorandum no longer than four (4) pages double-spaced to Chambers via email. It is the duty of the parties to notify my Chambers if this case is continued, settled, or otherwise disposed of prior to the date of the scheduled settlement conference. Signed by Magistrate Judge Donna Phillips Currault on 7/13/2021. (NEF: Section G) (sa)
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Filing 19
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #16 MOTION for Extension of Deadlines MOTION to Continue Trial . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Martin, Cindy)
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Filing 18
ORDER GRANTING #17 Plaintiff's Unopposed Motion to Strike Jury Demand. IT IS FURTHER ORDERED that Defendant Caterpillar, Inc.'s jury demand is hereby stricken and the 10/18/2021 jury trial date is hereby converted to a bench trial. Signed by Chief Judge Nannette Jolivette Brown on 6/25/2021.(jls)
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Filing 17
EXPARTE/CONSENT MOTION to Strike Jury Demand by AGCS Marine Insurance Company, Atlantic Specialty Insurance Company, Lloyd's Underwriters, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America, Navigators Insurance Company, State National Insurance Company, Stratford Insurance Company. (Attachments: #1 Exhibit, #2 Proposed Order)Attorney Cindy Galpin Martin added to party Stratford Insurance Company(pty:pla).(Martin, Cindy)
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Filing 16
MOTION for Extension of Deadlines , MOTION to Continue Trial by Caterpillar, Inc. Motion(s) will be submitted on 7/14/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(McGlinchey, Deirdre) Modified text/referral on 6/24/2021 (bw).
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Filing 15
ORDER GRANTING #13 Joint Motion for Protective Order. IT IS ORDERED that the Protective Order Concerning Confidential Matters is filed into the record. Signed by Magistrate Judge Donna Phillips Currault on 10/9/2020. (sa)
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Filing 14
TEXT ORDER (No PDF Document Attached) finding as moot #11 Motion for Protective Order. Signed by Magistrate Judge Donna Phillips Currault on 10/9/2020. (DPC)
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Filing 13
EXPARTE/CONSENT Joint MOTION for Protective Order Concerning Confidential Materials by Caterpillar, Inc., Atlantic Specialty Insurance Company, Markel American Insurance Company, State National Insurance Company, Navigators Insurance Company, Mitsui Sumitomo Insurance Company of America, AGCS Marine Insurance Company, Stratford Insurance Company and Lloyd's Underwriters . Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Exhibit "A")(McGlinchey, Deirdre) Modified text/filers on 10/9/2020 (cwa).
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Filing 12
Joint STATUS REPORT by Caterpillar, Inc., and by AGCS Marine Insurance Company, Atlantic Specialty Insurance Company, Lloyd's Underwriters, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America, Navigators Insurance Company, State National Insurance Company, Stratford Insurance Company. (Harris, Rufus) Modified text/filers on 9/29/2020 (jls).
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Filing 11
EXPARTE/CONSENT Joint MOTION for Protective Order Concerning Confidential Materials filed on behalf of plaintiffs, Atlantic Specialty Insurance Company, Markel American Insurance Company, State National Insurance Company, Navigators Insurance Company, Mitsui Sumitomo Insurance Company of America, AGCS Marine Insurance Company, Statford Insurance Company and Lloyd's Underwriters and by defendant Caterpillar, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Protective Order, #2 Exhibit A - Confidentiality Agreement)(McGlinchey, Deirdre) Modified text/referred on 9/22/2020 (jls).
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Filing 10
Correction of Docket Entry by Clerk re #9 Statement of Corporate Disclosure. **Filing attorney should have entered the Corporate Parents at the prompt 'Search for a corporate parent or other affiliate'. Clerk took corrective action.** (jls)
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Filing 9
Statement of Corporate Disclosure by AGCS Marine Insurance Company, Atlantic Specialty Insurance Company, Lloyd's Underwriters, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America, Navigators Insurance Company, State National Insurance Company: identifying Corporate Parents Intact Insurance Group USA Holdings, Inc. and Intact Financial Corporation for Atlantic Specialty Insurance Company; identifying Corporate Parent Markel Corporation for Markel American Insurance and State National Insurance Company; identifying Corporate Parent Navigators Group, Inc. for Navigators Insurance Company; identifying Corporate Parent MSIG Holdings (U.S.A.), Inc. for Mitsui Sumitimo Insurance Company of America; identifying Corporate Parents Allianz Global Risks US Insurance Company, Allianz of America, Inc., AGCS International Holding B.V., Allianz SE, and AGCS Marine Insurance Company Stock for Allianz Global Risks US Insurance Company; identifying Corporate Parents AIG Property Casualty, U..S., Inc. and American International Group, Inc. for Stratford Insurance Company; identifying Corporate Parents Flectat 2 Limited, AmTrust Corporate Member Limited, and Canopius Holdings UK Ltd for Lloyds Underwriters. (Harris, Rufus) Modified to add corporate parents on 8/26/2020 (jls).
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Filing 8
Statement of Corporate Disclosure by Caterpillar, Inc. (McGlinchey, Deirdre)
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Filing 7
SCHEDULING ORDER: Final Pretrial Conference set for 9/30/2021 2:00 PM before Chief Judge Nannette Jolivette Brown. Jury Trial set for 10/18/2021 9:00 AM before Chief Judge Nannette Jolivette Brown.. Signed by Chief Judge Nannette Jolivette Brown. (Attachments: #1 Pretrial Notice Form, #2 Standing Order)(tj)
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Filing 6
NOTICE: Scheduling Conference set for 8/12/2020 03:30 PM before case manager by telephone. By Clerk.(ko)
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Filing 5
ANSWER to #1 Complaint with Jury Demand by Caterpillar, Inc. Attorney Deirdre Claire McGlinchey added to party Caterpillar, Inc.(pty:dft).(McGlinchey, Deirdre) Modified on 8/5/2020 (pp). Modified text on 8/12/2020 (jls).
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Filing 4
Summons Issued as to Caterpillar, Inc. (jls)
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Filing 3
Summons Submitted for Issuance as to Caterpillar, Inc. filed by Lloyd's Underwriters, AGCS Marine Insurance Company, Navigators Insurance Company, Atlantic Specialty Insurance Company, State National Insurance Company, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America re #1 Complaint. (Martin, Cindy) Modified on 7/7/2020 (jls).
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Filing 2
Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Donna Phillips Currault. (aj)
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Filing 1
COMPLAINT against Caterpillar, Inc. (Filing fee $ 400 receipt number ALAEDC-8382778) filed by Lloyd's Underwriters, AGCS Marine Insurance Company, Navigators Insurance Company, Atlantic Specialty Insurance Company, State National Insurance Company, Markel American Insurance Company, Mitsui Sumitomo Insurance Company of America. (Attachments: #1 Civil Cover Sheet)Attorney Cindy Galpin Martin added to party AGCS Marine Insurance Company(pty:pla), Attorney Cindy Galpin Martin added to party Atlantic Specialty Insurance Company(pty:pla), Attorney Cindy Galpin Martin added to party Lloyd's Underwriters(pty:pla), Attorney Cindy Galpin Martin added to party Markel American Insurance Company(pty:pla), Attorney Cindy Galpin Martin added to party Mitsui Sumitomo Insurance Company of America(pty:pla), Attorney Cindy Galpin Martin added to party Navigators Insurance Company(pty:pla), Attorney Cindy Galpin Martin added to party State National Insurance Company(pty:pla).(Martin, Cindy)
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