R T T Truck Repair L L C v. P A C C A R Inc et al
| R T T Truck Repair L L C |
| P A C C A R Inc and Caterpillar Inc |
| 1:2009cv01105 |
| July 5, 2009 |
| US District Court for the Western District of Louisiana |
| Alexandria Office |
| Rapides |
| Dee D Drell |
| James D Kirk |
| Contract Product Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on December 14, 2012. A more recent docket listing may be available from PACER.
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Filing 60
JUDGMENT granting #59 Joint/Voluntary Motion to Dismiss. IT IS ORDERED that this lawsuit is DISMISSED in its entirety, WITH PREJUDICE, at each party's own cost. Signed by Chief Judge Dee D Drell on 12/14/12. (crt,Burge, J)
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| NOTICE of Corrective Action to Deirdre C McGlinchey on behalf of Caterpillar Inc, P A C C A R Inc, R T T Truck Repair L L C regarding #59 JOINT/VOLUNTARY MOTION to Dismiss. Action taken: Modified event to more accurately identify the pleading submitted. (crt,Kennedy, T) |
| Filing 59 JOINT/VOLUNTARY MOTION to Dismiss by All Parties. (Attachments: #1 Text of proposed order)(aty,McGlinchey, Deirdre) Modified event and filers on 12/13/2012. (Kennedy, T) |
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Filing 58
ORDER Not considered - MOOT re #56 MOTION in Limine filed by Caterpillar Inc. See #57 Order Dismissing Case. Signed by Chief Judge Dee D Drell on 11/20/12. (crt,Roaix, G)
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Filing 57
60 DAY ORDER DISMISSING case WITHOUT PREJUDICE. Parties ORDERED to submit to the Court a stipulation of dismissal and judgment. December 10, 2012 jury trial CANCELLED. Signed by Chief Judge Dee D Drell on 11/19/12. (crt,Burge, J)
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| Filing 56 MOTION in Limine by Caterpillar Inc. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order)(aty,McGlinchey, Deirdre) |
| Filing 55 ELECTRONIC ORDER denying #52 Motion for Sanctions. Thisis not an appropriate circumstance for the imposition of sanctions. (jud,Kirk, James) |
| Filing 54 MEMORANDUM in Opposition re #52 MOTION for Sanctions filed by R T T Truck Repair L L C. (aty,Pharis, Fred) |
| Filing 53 NOTICE of Motion Setting regarding #52 MOTION for Sanctions . Motions referred to James D Kirk. (crt,Kennedy, T) |
| Filing 52 MOTION for Sanctions by Caterpillar Inc. Motions referred to James D Kirk. (Attachments: #1 Memorandum / Brief)(aty,McGlinchey, Deirdre) |
| MINUTES for proceedings held before Magistrate Judge James D Kirk: SETTLEMENT CONFERENCE held on 9/6/2012. (crt,Burge, J) |
| MINUTES for proceedings held before Magistrate Judge James D Kirk: TELEPHONE CONFERENCE held on 8/23/2012. (crt,Burge, J) |
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Filing 51
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 9/6/2012 at 9:00 AM in Alexandria, 3rd floor, before Magistrate Judge James D Kirk. Telephone Conference set for 8/23/2012 at 11:00 AM before Magistrate Judge James D Kirk. Plaintiff's counsel instructed to initiate conference call. Confidential Settlement Conference Statements due August 31, 2012. Signed by Magistrate Judge James D Kirk on 07/11/12. (crt,Burge, J)
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| Filing 50 MINUTE ENTRY: Jury Trial set for 12/10/2012 09:30 AM in Alexandria, 2nd floor before Judge Dee D Drell. Counsel should be present at 8:30 a.m. on the first day of trial. Signed by Judge Dee D Drell on 3/7/12. (crt,Roaix, G) |
| Filing 49 MINUTES (TEXT ONLY ENTRY - NO PDF ATTACHED) for proceedings held before Judge Dee D Drell: TELEPHONE CONFERENCE held on 3/7/2012. (crt,Roaix, G) |
| Filing 48 MINUTE ENTRY setting a Telephone Conference for 3/7/2012 11:00 AM before Judge Dee D Drell with plaintiff initiating the call. Signed by Judge Dee D Drell on 02/09/2012. (crt,Leleux, M) |
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Filing 47
ORDER granting #46 Motion to Continue Trial. ORDERED that the March 1, 2012 trial be and is hereby continued, and that a status conference for the purpose of re-setting the trial date be had. Counsel for RTT must make arrangements with the Court and opposing counsel for a conference call. Signed by Judge Dee D Drell on 1/30/12. (crt,Roaix, G)
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| Filing 46 Unopposed MOTION to Continue Trial Date of March 1, 2012 with consent by R T T Truck Repair L L C. (Attachments: #1 Proposed Pleading Order, #2 Exhibit A, Louisiana Third Circuit Court of Appeal schedule, partial)(aty,Pharis, Fred) |
| Filing 45 MINUTE ENTRY: The jury trial in this case, which is presently scheduled for 2/27/2012 is RESCHEDULED to begin on 3/1/2012 09:30 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 6/20/2011. (crt,Kennedy, T) |
| Filing 44 MINUTES OF PRETRIAL CONFERENCE for proceedings held before Judge Dee D Drell: FINAL PRETRIAL CONFERENCE held on 5/19/2011. Jury Trial set for 2/27/2012 09:30 AM in Alexandria, 2nd floor before Judge Dee D Drell. Counsel should be present at 8:30 a.m. on the first day of trial. (crt,Roaix, G) |
| Filing 43 PRETRIAL Stipulation by R T T Truck Repair L L C, Caterpillar Inc, P A C C A R Inc. (aty,Pharis, Fred) Modified filer on 5/5/2011. (Kennedy, T) |
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Filing 42
MINUTE ENTRY: re #12 Case Management Order - Judge Drell. Counsel are reminded that pursuant to this Court's Civil Case Management Order No. 2, the Joint Pretrial Stipulations are due May 5, 2011. Signed by Judge Dee D Drell on 5/3/11. (crt,Roaix, G)
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| Filing 41 MINUTE ENTRY: The Pretrial Conference is RESCHEDULED for 5/19/2011 01:30 PM in Chambers before Judge Dee D Drell. Signed by Judge Dee D Drell on 04/26/2011. (crt,Leleux, M) |
| Filing 40 JUDGMENT: The #18 Motion to Dismiss is GRANTED IN PART only to the extent that Plaintiff's claims for nonpecuniary damages against Caterpillar Inc are DISMISSED WITH PREJUDICE. The Motion is DENIED on all other grounds asserted. Signed by Judge Dee D Drell on 03/09/2011. (crt,Leleux, M) |
| Filing 39 RULING re #18 Motion to Dismiss Caterpillar. Signed by Judge Dee D Drell on 03/09/2011. (crt,Leleux, M) |
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Filing 38
ORDER denying as moot #36 Motion for Order to Show Cause and the hearing set for 12/14/10 is CANCELLED. Signed by Judge Dee D Drell on 12/13/10. (crt,Leleux, M)
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Filing 37
ORDER Show Cause Hearing set for 12/14/2010 11:00 AM in Alexandria, 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 12/8/10. (crt,Roaix, G)
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| Filing 36 MOTION for Order to Show Cause by Caterpillar Inc. (Attachments: #1 Memorandum / Brief, #2 Text of proposed order, #3 Exhibit A, #4 Exhibit B)(aty,McGlinchey, Deirdre) |
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Filing 35
ORDER granting #34 Motion for Order to Show Cause. Show Cause Hearing set for 12/14/2010 11:00 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 12/1/2010. (crt,Kennedy, T)
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| Filing 34 MOTION for Order to Show Cause by P A C C A R Inc. (Attachments: #1 Memorandum / Brief, #2 Exhibits, #3 Text of proposed order)(aty,Zimmer, Scott) |
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Filing 33
PROTECTIVE ORDER. Signed by Magistrate Judge James D Kirk on 11/17/2010. (crt,Kennedy, T)
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| Filing 32 ELECTRONIC ORDER granting #27 Motion for Protective Order. The Order will be signed. Following plaintiff's request in the telephone conference on November 15th, I reviewed the proposed protective order. It is a "standard" protective order and does not place an undue burden on plaintiff. (jud,Kirk, James) |
| MINUTES for proceedings held before Magistrate Judge James D Kirk: MOTION HEARING held by phone on 11/16/2010 re #26 MOTION to Compel combined with MOTION for Extension of Time to Complete Discovery. (crt,Burge, J) |
| Filing 31 ELECTRONIC ORDER temporarily denying #26 Motion to Compel. The motion may be re-urged if the defendant fails to produce the documents after the protective order is signed; granting #26 Motion for Extension of Time to Complete Discovery limited to taking the discovery depositions of Dan Tadovich and Paul Bertrand only.( Discovery deadline 12/1/2010.) Plaintiff's motion to extend the deadline to name experts is DENIED. The court will review the protective order (doc. #27) and issue a ruling. (jud,Kirk, James) |
| Filing 30 EXHIBIT re #29 Memorandum in Opposition to Motion by Caterpillar Inc. (aty,McGlinchey, Deirdre) |
| Filing 29 MEMORANDUM in Opposition re #26 MOTION to Compel combined with MOTION for Extension of Time to Complete Discovery with consent sought but not obtained from Caterpillar, Inc. filed by Caterpillar Inc. (aty,McGlinchey, Deirdre) |
| Filing 28 FILED IN ERROR. NOTICE of Motion Setting without oral argument regarding #26 MOTION to Compel combined with MOTION for Extension of Time to Complete Discovery with consent sought but not obtained from Caterpillar, Inc. Motion day set for 12/17/2010 before Judge Dee D Drell. (crt,Kennedy, T) Modified to reflect notice filed in error on 11/9/2010. (Kennedy, T) |
| NOTICE of Corrective Action regarding #28 FILED IN ERROR. Notice of Motion Setting without oral argument. Action taken: Modified entry to reflect notice issued in error. (crt,Kennedy, T) |
| Motions Transferred regarding #26 MOTION to Compel combined with MOTION for Extension of Time to Complete Discovery with consent sought but not obtained from Caterpillar, Inc.. Motions referred to James D Kirk. (crt,Kennedy, T) |
| Filing 27 MOTION for Protective Order by Caterpillar Inc. Motions referred to James D Kirk. (Attachments: #1 Memorandum / Brief, #2 Certificate re efforts to resolve-LR 37.1, #3 Text of proposed order)(aty,McGlinchey, Deirdre) |
| Filing 26 MOTION to Compel combined with, MOTION for Extension of Time to Complete Discovery with consent sought but not obtained from Caterpillar, Inc. by R T T Truck Repair L L C. Motions referred to James D Kirk. (Attachments: #1 Memorandum / Brief Memorandum in support, #2 Exhibits Exhibit A, #3 Exhibits Exhibit B, #4 Exhibits Exhibit C, #5 Text of proposed order Proposed Order)(aty,Pharis, Fred) |
| Reset Hearings: Pretrial Conference set for 5/19/2011 10:15 AM in Chambers before Judge Dee D Drell per order of 6/30/2010 resetting deadlines. (crt,Leleux, M) |
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Filing 25
ORDER granting #24 Motion to Extend deadlines. Defendants Expert Info/Reports due by 10/21/2010. Discovery due by 11/24/2010. Dispositive Motions due by 1/20/2011. Expert Depositions due by 12/22/2010. Signed by Judge Dee D Drell on 06/30/2010. (crt,Leleux, M)
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| Filing 24 MOTION FOR EXTENSION of Certain Deadlines by Ninety(90) Days with consent by Caterpillar Inc. (Attachments: #1 Text of proposed order)(aty,McGlinchey, Deirdre) |
| Filing 23 REPLY to Response to Motion re #18 Motion to Dismiss Caterpillar filed by Caterpillar Inc. (crt,Leleux, M) |
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Filing 22
ORDER granting #21 Motion for Leave to File Reply to Opposition to Motion to Dismiss. Signed by Judge Dee D Drell on 06/15/2010. (crt,Leleux, M)
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| Filing 21 MOTION for Leave to File Reply with opposition by Caterpillar Inc. (Attachments: #1 Proposed Pleading, #2 Text of proposed order)(aty,McGlinchey, Deirdre) |
| Filing 20 MEMORANDUM in Opposition re #18 MOTION to Dismiss Caterpillar filed by R T T Truck Repair L L C. (aty,Pharis, Fred) |
| Filing 19 NOTICE of Motion Setting without oral argument regarding #18 MOTION to Dismiss Caterpillar. Motion day set for 6/18/2010 before Judge Dee D Drell. (crt,Kennedy, T) |
| Filing 18 MOTION to Dismiss Caterpillar by Caterpillar Inc. (Attachments: #1 Memorandum in Support of)(aty,McGlinchey, Deirdre) |
| Set/Reset Deadlines: Defendants' Expert Report due by 7/23/2010. Dispositive Motions due by 10/22/2010. Expert Depositions due by 9/23/2010. Plaintiff's Expert Report due by 6/7/2010. (crt,Burge, J) |
| Filing 17 MINUTES for proceedings held before Magistrate Judge James D Kirk: TELEPHONE CONFERENCE held on 4/21/2010. Plaintiff must provide an expert report, if any, by June 7th. Defendants have until July 23rd to provide expert reports. Expert depositions shall be completed within 60 days thereafter (September 23rd), and the parties shall have 30 additional days to file dispositive motions (October 22). (jud,Kirk, James) |
| Filing 16 MINUTE ENTRY setting a Status Conference for 4/21/2010 02:15 PM by phone before Magistrate Judge James D Kirk. Counsel for plaintiff is instructed to initiate the conference call. Signed by Magistrate Judge James D Kirk on 03/15/2010. (crt,Leleux, M) |
| Filing 15 AMENDED PLAN OF WORK : Discovery due by 8/26/2010. Dispositive Motions due by 9/17/2010. Amended Pleadings due by 9/30/2010. Final Date for Expert Employment 3/24/2010. Exchange of Expert Reports due by 5/5/2010. Expert Depositions due by 5/19/2010. (crt,Leleux, M) |
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Filing 14
ORDER approving #13 the Amended Proposed Plan of Work. Signed by Judge Dee D Drell on 12/29/2009. (crt,Leleux, M)
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| Filing 13 Amended PROPOSED Plan of Work by Caterpillar Inc, P A C C A R Inc, R T T Truck Repair L L C. (Attachments: #1 Text of proposed order)(aty,McGlinchey, Deirdre) |
| Filing 12 CIVIL CASE MANAGEMENT ORDER NO 2 for cases assigned to Judge Dee D Drell sent to counsel of record. (Attachments: (1) Standing Order, (2) Consent to Proceed)(crt,Leleux, M) |
| Filing 11 PLAN OF WORK filed by all parties and approved by Judge Dee D Drell on 10/19/09. Discovery due by 6/15/2010. Dispositive Motions due by 7/15/2010. Joinder of Parties due by 11/4/2009. Amended Pleadings due by 8/1/2010. Final Date for Expert Employment 2/15/2010. Exchange of Expert Reports due by 4/26/2010. Expert Depositions due by 5/14/2010. Initial Disclosure due by 10/26/2009.(crt,Leleux, M) |
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Filing 10
ORDER approving #9 Proposed Plan of Work. Pretrial Conference set for 12/16/2010 11:45 AM in Chambers before Judge Dee D Drell. Signed by Judge Dee D Drell on 10/19/2009. (crt,Leleux, M)
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| Filing 9 PROPOSED Plan of Work by P A C C A R Inc, Caterpillar Inc, R T T Truck Repair L L C. (Attachments: #1 Text of proposed order)(aty,McGlinchey, Deirdre) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by P A C C A R Inc. (aty,Zimmer, Scott) |
| Filing 7 ANSWER to #1 Complaint with Jury Demand by P A C C A R Inc.(aty,Zimmer, Scott) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Caterpillar Inc. (aty,McGlinchey, Deirdre) |
| Filing 5 ANSWER to Complaint with Jury Demand by Caterpillar Inc.(aty,McGlinchey, Deirdre) |
| Filing 4 WAIVER OF SERVICE Returned Executed by R T T Truck Repair L L C. P A C C A R Inc waiver sent on 7/7/2009, answer due 9/8/2009. (aty,Pharis, Fred) |
| Filing 3 CIVIL CASE MANAGEMENT ORDER NO. 1 for cases assigned to Judge Dee D Drell sent to counsel of record. (crt,Harrison, U) |
| Filing 2 SUMMONS ISSUED as to *P A C C A R Inc (Defendant)+ Caterpillar Inc (Defendant)* with answer to complaint due within time required by law. Requesting person *Fred A Pharis * *Pharis & Pharis* *831 Desoto St* *Alexandria, LA 71201* (crt,Dean, S) |
| FILING FEE RECEIVED: in the amount of $350.00, receipt number 54635019093 (crt,Bray, K) |
| CASE assigned to Judge Dee D Drell and Magistrate Judge James D Kirk. (crt,Dean, S) |
| Filing 1 COMPLAINT FOR REDHIBITION AND DAMAGES against P A C C A R Inc, Caterpillar Inc filed by R T T Truck Repair L L C. (Attachments: #1 Civil cover sheet)(aty,Pharis, Fred) Modified on 7/8/2009 to clean up text (Dean, S). |
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