Atlantic Specialty Insurance Company et al v. Caterpillar, Inc.
Plaintiff: 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
Defendant: Caterpillar, Inc. and Caterpillar Inc
Case Number: 2:2020cv01863
Filed: July 1, 2020
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Nannette Jolivette Brown
Referring Judge: Donna Phillips Currault
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. ยง 1333
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2021 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)
October 4, 2021 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).
October 1, 2021 Opinion or Order 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)
September 30, 2021 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)
September 22, 2021 Opinion or Order 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)
September 21, 2021 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)
September 17, 2021 Opinion or Order 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)
September 16, 2021 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)
September 10, 2021 Opinion or Order 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)
August 27, 2021 Filing 38 REPLY to Response to Motion filed by Caterpillar, Inc. re #22 Second MOTION for Partial Summary Judgment (regarding plaintiffs' tort claims). (mp)
August 27, 2021 Opinion or Order Filing 37 ORDER GRANTING #36 Motion for Leave to File Reply Memorandum. Signed by Chief Judge Nannette Jolivette Brown on August 26, 2021. (mp)
August 25, 2021 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).
August 23, 2021 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)
August 23, 2021 Opinion or Order 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)
August 20, 2021 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).
August 10, 2021 Opinion or Order 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)
August 10, 2021 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)
August 10, 2021 Opinion or Order 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)
August 10, 2021 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)
August 9, 2021 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).
August 3, 2021 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).
July 31, 2021 Filing 26 Witness and Exhibit List by All Plaintiffs. (Harris, Rufus)
July 30, 2021 Filing 25 Witness and Exhibit List by Caterpillar, Inc.. (McGlinchey, Deirdre)
July 16, 2021 Opinion or Order 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)
July 15, 2021 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)
July 14, 2021 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)
July 14, 2021 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)
July 13, 2021 Opinion or Order 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)
July 5, 2021 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)
June 25, 2021 Opinion or Order 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)
June 23, 2021 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)
June 23, 2021 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).
October 9, 2020 Opinion or Order 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)
October 9, 2020 Opinion or Order 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)
October 8, 2020 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).
September 28, 2020 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).
September 21, 2020 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).
August 26, 2020 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)
August 25, 2020 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).
August 14, 2020 Filing 8 Statement of Corporate Disclosure by Caterpillar, Inc. (McGlinchey, Deirdre)
August 12, 2020 Opinion or Order 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)
August 6, 2020 Filing 6 NOTICE: Scheduling Conference set for 8/12/2020 03:30 PM before case manager by telephone. By Clerk.(ko)
August 4, 2020 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).
July 7, 2020 Filing 4 Summons Issued as to Caterpillar, Inc. (jls)
July 6, 2020 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).
July 1, 2020 Filing 2 Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Donna Phillips Currault. (aj)
July 1, 2020 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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Search for this case: Atlantic Specialty Insurance Company et al v. Caterpillar, Inc.
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Plaintiff: AGCS Marine Insurance Company
Represented By: Alfred Jackson Rufty, III
Represented By: Rufus C. Harris, III
Represented By: Cindy Galpin Martin
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Plaintiff: State National Insurance Company
Represented By: Alfred Jackson Rufty, III
Represented By: Rufus C. Harris, III
Represented By: Cindy Galpin Martin
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Plaintiff: Mitsui Sumitomo Insurance Company of America
Represented By: Alfred Jackson Rufty, III
Represented By: Rufus C. Harris, III
Represented By: Cindy Galpin Martin
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Plaintiff: Navigators Insurance Company
Represented By: Alfred Jackson Rufty, III
Represented By: Rufus C. Harris, III
Represented By: Cindy Galpin Martin
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Plaintiff: Atlantic Specialty Insurance Company
Represented By: Alfred Jackson Rufty, III
Represented By: Rufus C. Harris, III
Represented By: Cindy Galpin Martin
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Plaintiff: Markel American Insurance Company
Represented By: Alfred Jackson Rufty, III
Represented By: Rufus C. Harris, III
Represented By: Cindy Galpin Martin
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Plaintiff: Stratford Insurance Company
Represented By: Alfred Jackson Rufty, III
Represented By: Rufus C. Harris, III
Represented By: Cindy Galpin Martin
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Plaintiff: Lloyd's Underwriters
Represented By: Alfred Jackson Rufty, III
Represented By: Rufus C. Harris, III
Represented By: Cindy Galpin Martin
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Defendant: Caterpillar, Inc.
Represented By: Benjamin O. Schupp
Represented By: Deirdre Claire McGlinchey
Represented By: Adam C. McNeil
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Defendant: Caterpillar Inc
Represented By: Deirdre Claire McGlinchey
Represented By: Adam C. McNeil
Represented By: Benjamin O. Schupp
Represented By: Farren Lorraine Davis
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