Hilton & Family Inc v. Paccar Inc et al
| Hilton & Family Inc |
| Paccar Inc and Caterpillar Inc |
| 1:2012cv02336 |
| September 7, 2012 |
| US District Court for the Western District of Louisiana |
| Alexandria Office |
| Catahoula |
| 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 November 4, 2014. A more recent docket listing may be available from PACER.
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Filing 71
ORDER granting #70 Joint/Voluntary Motion to Dismiss. IT IS ORDERED, ADJUDGED AND DECREED that any and all claims asserted by Plaintiff, HILTON & FAMILY, INC., against Defendants, PACCAR, INC. and CATERPILLAR, INC., are hereby dismissed, with prejudice, with each party to bear its own costs. Signed by Chief Judge Dee D Drell on 11/03/14. (crt,Bunting, M)
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| Filing 70 JOINT/VOLUNTARY MOTION to Dismiss by Paccar Inc, Hilton & Family Inc and Caterpillar Inc. (Attachments: #1 Text of proposed order)(aty,Zimmer, Scott) Modified on 11/3/2014 to add filers (Dauterive, C). |
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Filing 69
ORDER OF DISMISSAL: IT IS ORDERED that this action is DISMISSED, without prejudice to the right, upon good cause shown within sixty (60) days of the signing of this Order, to reopen the action if settlement is not consummated. IT IS FURTHER ORDERED that the parties submit to the Court in accordance with Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, a stipulation of dismissal signed by all applicable parties, together with a judgment for execution by the Court. Trial of this matter set for October 7, 2014 is CANCELLED. Signed by Chief Judge Dee D Drell on 10/07/14. (crt,Bunting, M)
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| Filing 68 LETTER from Megan Reinkemeyer with Kean Miller to Clerk of Court advising that a settlement has been reached and requesting removal of the jury trial from the 10/7/2014 docket. The parties will submit a joint motion for dismissal to the court. (crt,Keifer, K) |
| Filing 67 MEMROANDUM in REPLY to Opposition to Motion re #37 MOTION in Limine to Preclude or Dismiss Any Claim for "Damages" as a Separate Item of Recovery filed by Caterpillar Inc. (crt,Dunford, T) |
| Filing 66 REPLY Brief in Support of #42 MOTION in Limine to exclude claims for lost profits as an item of damage filed by Paccar Inc. (crt,Dunford, T) |
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Filing 65
ORDER granting #49 Motion for Leave to File reply to plaintiff's opposition to motion in limine. Signed by Chief Judge Dee D Drell on October 1, 2014. (crt,Dunford, T)
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Filing 64
ORDER granting #60 Motion for Leave to File Paccar Inc's reply brief in support of motion in limine to exclude claims for lost profits. Signed by Chief Judge Dee D Drell on October 1, 2014. (crt,Dunford, T)
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Filing 63
ORDER granting #56 Motion to Change/Substitute Attorney. Ordered that Deirdre C McGlinchey be designated as Caterpillar's Trial Attorney. Signed by Chief Judge Dee D Drell on October 1, 2014. (crt,Dunford, T)
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| Filing 62 MINUTES (TEXT ENTRY ONLY - NO PDF ATTACHED) for proceedings held before Chief Judge Dee D Drell: TELEPHONE CONFERENCE held on 10/1/2014. (crt,Roaix, G) |
| Filing 61 MINUTE ENTRY: Telephone Status Conference set for 10/1/2014 10:00 AM by phone before Chief Judge Dee D Drell. Counsel for defendant to initiate the call. Signed by Chief Judge Dee D Drell on 09/30/14. (crt,Bunting, M) |
| Motions Transferred regarding #56 MOTION to Substitute Trial Attorney Designation. Motion referred to Dee D Drell. (crt,Keifer, K) |
| Filing 60 MOTION for Leave to File Reply Brief in Support of Paccar's Motion in Limine to Exclude Claims for Lost Profits as an Item of Damage with consent sought but not yet obtained by Paccar Inc. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Zimmer, Scott) |
| Filing 59 PROPOSED VOIR DIRE by Paccar Inc . (aty,Zimmer, Scott) |
| Filing 58 EXHIBIT LIST PreTrial List of Objects intended for use in Opening Statement or Closing Argument by Paccar Inc. (aty,Zimmer, Scott) |
| Filing 57 WITNESS LIST filed (restricted access) Will Call Witness List and Exhibit List by Paccar Inc. (aty,Zimmer, Scott) |
| Filing 56 MOTION to Substitute Trial Attorney Designation - Deirdre McGlinchey in place of C.G. Norwood, Jr. by Caterpillar Inc. Motions referred to James D Kirk. (Attachments: #1 Proposed order)(aty,McGlinchey, Deirdre) Modified on 10/1/2014 to edit text (Keifer, K). |
| Filing 55 PRETRIAL List of Demonstrative Aids which may be used by Plaintiffs at trial by Hilton & Family Inc. (aty,Pharis, Fred) |
| Filing 54 Plaintiff's PROPOSED JURY VERDICT Form by Hilton & Family Inc . (aty,Pharis, Fred) Modified on 10/1/2014 to edit text (Keifer, K). |
| Filing 53 Will Call WITNESS LIST filed (restricted access) Final Exhibit List, and Final Estimate of Time by Hilton & Family Inc. (aty,Pharis, Fred) Modified on 10/1/2014 to edit text (Keifer, K). |
| Filing 52 Plaintiff's PROPOSED JURY INSTRUCTIONS by Hilton & Family Inc . (aty,Pharis, Fred) |
| Filing 51 EXHIBIT LIST List and Description of Items that Caterpillar May Use in Opening Statement or Closing Argument by Caterpillar Inc. (aty,McGlinchey, Deirdre) |
| Filing 50 PROPOSED VOIR DIRE by Caterpillar Inc . (aty,McGlinchey, Deirdre) |
| Filing 49 MOTION for Leave to File Reply to Plaintiff's Opposition to Motion in Limine with consent sought but not yet obtained by Caterpillar Inc. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,McGlinchey, Deirdre) |
| Filing 48 PROPOSED JURY INTERROGATORIES/VERDICT by Caterpillar Inc, Paccar Inc . (aty,McGlinchey, Deirdre) |
| Filing 47 PROPOSED JURY INSTRUCTIONS by Caterpillar Inc, Paccar Inc . (aty,McGlinchey, Deirdre) |
| Filing 46 WITNESS LIST filed (restricted access) and Exhibit List by Caterpillar Inc. (aty,McGlinchey, Deirdre) |
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Filing 45
ORDER granting #43 Motion to Enroll as Counsel. Added as counsel Megan L Reinkemeyer for Paccar Inc. Signed by Magistrate Judge James D Kirk on 9/24/2014. (crt,Dauterive, C)
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| Filing 44 MEMORANDUM in Opposition re #37 MOTION in Limine to Preclude or Dismiss Any Claim for "Damages" as a Separate Item of Recovery, #42 MOTION in Limine to exclude claims for lost profits as an item of damage filed by Hilton & Family Inc. (aty,Pharis, Fred) |
| Filing 43 MOTION to Enroll as Counsel Megal L. Reinkemeyer as Addditional Counsel by Paccar Inc. Motions referred to James D Kirk. (Attachments: #1 Proposed order)(aty,Zimmer, Scott) |
| Filing 42 MOTION in Limine to exclude claims for lost profits as an item of damage by Paccar Inc. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Zimmer, Scott) |
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Filing 41
ORDER granting #40 Motion for Leave to File. IT IS ORDERED, that an opposition by Hilton & Family, Inc., to the Motion in Limine to Preclude or Dismiss Any Claim for "Damages" as a Separate Item of Recovery (Document No. 37) filed by Caterpiller, Inc., be allowed and the deadline for filing be set for on or before Wednesday, September 24, 2014. Signed by Chief Judge Dee D Drell on 09/22/14. (crt,Bunting, M)
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| Set/Reset Deadlines as to #37 MOTION in Limine to Preclude or Dismiss Any Claim for "Damages" as a Separate Item of Recovery. Responses due by 9/24/2014 (crt,Bunting, M) |
| Filing 40 MOTION for Leave to File Opposition to Motion in Limine on or before 9/24/2014, alternatively, MOTION to Set Conference Call by Hilton & Family Inc. (Attachments: #1 Proposed order)(aty,Pharis, Fred) Modified on 9/22/2014 to more accurately identify document (Dauterive, C). Added MOTION for Hearing on 9/22/2014 (Dauterive, C). |
| Filing 39 NOTICE of Motion Referred to Chambers due to trial set for 10/7/2014 before Chief Judge Dee D Drell regarding #37 MOTION in Limine to Preclude or Dismiss Any Claim for "Damages" as a Separate Item of Recovery. Motion referred to Dee D Drell. (crt,Dauterive, C) |
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Filing 38
ORDER re #37 MOTION in Limine to Preclude or Dismiss Any Claim for "Damages" as a Separate Item of Recovery filed by Caterpillar Inc; directing clerk to place on motion calendar. Signed by Chief Judge Dee D Drell on 9/8/2014. (crt,Dauterive, C)
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| Filing 37 MOTION in Limine to Preclude or Dismiss Any Claim for "Damages" as a Separate Item of Recovery by Caterpillar Inc. (Attachments: #1 Proposed order, #2 Memorandum / Brief)(aty,McGlinchey, Deirdre) |
| Filing 36 MINUTES for proceedings held before Chief Judge Dee D Drell: FINAL PRETRIAL CONFERENCE held on 3/20/2014. Jury Trial set for 10/7/2014 09:30 AM in Alexandria, 2nd floor before Chief Judge Dee D Drell. Counsel should be present at 8:30 a.m. on the first day. (crt,Roaix, G) |
| Filing 35 MINUTE ENTRY: The Pretrial Conference set for 3/20/2014 is RESET TO BEGIN AT 4:30 PM THAT SAME DATE in Chambers before Chief Judge Dee D Drell. Signed by Chief Judge Dee D Drell on 3/11/14. (crt,Roaix, G) |
| Filing 34 MINUTE ENTRY: The Pretrial Conference is reset for 3/20/2014 01:30 PM in Chambers before Chief Judge Dee D Drell. Signed by Chief Judge Dee D Drell on 2/24/14. (crt,Roaix, G) |
| Filing 33 MINUTE ENTRY: The Pretrial Conference is reset for 2/21/2014 at 12:30 PM in Chambers before Chief Judge Dee D Drell. Signed by Chief Judge Dee D Drell on 2/19/14. (crt,Roaix, G) |
| Filing 32 MINUTE ENTRY: The Pretrial Conference set for 2/20/14 is RESCHEDULED to begin on 2/21/2014 01:30 PM in Chambers before Chief Judge Dee D Drell. Signed by Chief Judge Dee D Drell on 2/18/14. (crt,Roaix, G) |
| Filing 31 PRETRIAL PreTrial Stipulations by Hilton & Family Inc Paccar Inc and Caterpillar Inc. (aty,Pharis, Fred) Modified on 2/10/2014 to add filers (Dauterive, C). |
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Filing 30
MINUTE ENTRY: The Court notes a pretrial conference is scheduled in this matter for February 20, 2014 beginning at 11:00 a.m. Counsel are reminded that, pursuant to this Court's Civil Case Management Order No. 2 #12 , the Joint Pretrial Stipulations are due at least two weeks prior to the date of the pretrial conference. Signed by Chief Judge Dee D Drell on 2/4/14. (crt,Roaix, G)
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| MINUTES (TEXT ONLY - NO PDF ATTACHED) for telephone status conference held on 12/17/2013. (crt,Burge, J) |
| Filing 29 MINUTE ENTRY: A Telephone Status Conference is set for 12/17/2013 02:30 PM before Magistrate Judge James D Kirk. Counsel for the plaintiff is instructed to initiate the conference call. Signed by Magistrate Judge James D Kirk on 10/7/13. (crt,Roaix, G) |
| MINUTES (TEXT ONLY - NO PDF ATTACHED) for proceedings held before Magistrate Judge James D Kirk: TELEPHONE CONFERENCE held on 8/22/2013. (crt,Burge, J) |
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Filing 28
ORDER: IT IS ORDERED that #26 Motion for Extension of Time to Complete Discovery be GRANTED, IT IS FURTHER ORDERED that plaintiff and defendants have until September 25, 2013 as the deadline for any and all depositions or further discovery, and October 15, 2013, as the deadline to file dispositive motions and amend pleadings, said extension being in favor of all parties. Discovery deadline 9/25/2013. Signed by Magistrate Judge James D Kirk on 07/30/13. (crt,Guillot, M)
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| Set/Reset Deadlines: Dispositive Motions due by 10/15/2013. See #28 Order. (crt,Guillot, M) |
| Filing 27 PROPOSED ORDER/JUDGMENT by Hilton & Family Inc re #26 Motion for Extension of Time to Complete Discovery. (aty,Pharis, Fred) |
| Filing 26 Unopposed MOTION for Extension of Time to Complete Discovery with consent by Hilton & Family Inc. Motions referred to James D Kirk. (aty,Pharis, Fred) |
| Filing 25 MINUTE ENTRY: A Telephone Conference is set for 8/22/2013 03:15 PM before Magistrate Judge James D Kirk. Counsel for the plaintiff is instructed to initiate the conference call. Signed by Magistrate Judge James D Kirk on 6/12/13. (crt,Roaix, G) |
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Filing 24
ORDER GRANTING #23 Motion for Extension. Defendants' Expert Reports due by 6/26/2013. Signed by Magistrate Judge James D Kirk on 05/20/13. (crt,Burge, J)
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| Filing 23 Joint MOTION FOR EXTENSION of of time for defendants to produce expert reports with consent by Caterpillar Inc, Paccar Inc. Motions referred to James D Kirk. (Attachments: #1 Text of proposed order)(aty,Zimmer, Scott) |
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Filing 22
STIPULATION AND PROTECTIVE ORDER granting #19 Motion for Protective Order. Signed by Magistrate Judge James D Kirk on 5/7/2013. (crt,Dauterive, C)
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| Filing 21 CORRECTIVE DOCUMENT entitled Proposed Order filed by Caterpillar Inc regarding #19 MOTION for Protective Order , #20 Notice of Deficiency . (aty,McGlinchey, Deirdre) |
| Filing 20 NOTICE of Deficiency to Deirdre C McGlinchey on behalf of Caterpillar Inc, Hilton & Family Inc and Paccar Inc regarding #19 MOTION for Protective Order. Reason: the proposed order was not on a separate page. (crt,Dauterive, C) |
| Filing 19 MOTION for Protective Order by Caterpillar Inc, Paccar Inc and Hilton & Family Inc. Motions referred to James D Kirk. (aty,McGlinchey, Deirdre) Modified on 4/29/2013 to add filers and reflect deficient status (Dauterive, C). Modified on 5/7/2013 to remove deficient status; see #21 Corrective Document/ Proposed Order (Dauterive, C). |
| Filing 18 MINUTES for proceedings held before Magistrate Judge James D Kirk: TELEPHONE CONFERENCE held on 4/23/2013. PTC not til Feb. 14 so plenty of time. No issues now. May need more time to depose experts once reports are exchanged. If so, parties will contact the court. (jud,Kirk, James) |
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Filing 17
ORDER granting #16 Motion for Extension. IT IS FURTHER ORDERED, that plaintiff Hilton & Family Inc., has until and through May 1, 2013, to produce its experts reports, and defendants have until and through June 3, 2013 to produce their expert reports. Signed by Magistrate Judge James D Kirk on 04/09/13. (crt,Guillot, M)
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| Filing 16 Unopposed MOTION FOR EXTENSION of Production of Expert Reports with consent by Hilton & Family Inc. Motions referred to James D Kirk. (Attachments: #1 Proposed order)(aty,Pharis, Fred) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to Identify Experts. Deadline for defendant Paccar, Inc. to identify expert(s) extended until 4/9/2013. Signed by Magistrate Judge James D Kirk on 04/04/13. (crt,Burge, J)
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| Filing 14 Unopposed MOTION FOR EXTENSION of Time to identify experts with consent by Paccar Inc. Motions referred to James D Kirk. (Attachments: #1 Proposed order)(aty,Zimmer, Scott) Modified on 4/3/2013 to edit text (Dauterive, C). |
| Filing 13 MINUTE ENTRY: A Status Conference is set for 4/23/2013 03:45 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 2/15/13. (crt,Roaix, G) |
| Filing 12 CASE MANAGEMENT ORDER No. 2 for cases assigned to Judge Dee D Drell sent to counsel of record. (Attachments: #1 Standing Order, #2 Consent Form)(crt,Roaix, G) |
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Filing 11
ORDER accepting #10 Proposed Plan of Work, subject to the following modifications: 1/10/13 - Date Disclosures under Fed. R. Civ. P 25(a) will be made, 3/1/13 - Final date for plaintiff to identify experts, 2/15/13 - Final date for adding parties, 4/2/13 - Final date for defendants to identify experts, 4/16/13 - Final date for plaintiff to produce reports of experts, 5/17/13 - Final date for defendant to produce reports of experts, 7/29/13 - Final date for depositions of all experts, 8/19/13 - Deadline for completion of discovery, 9/23/13 - Final date for filing dispositive motions, 9/13/13 - Final date for filing amended pleadings other than to name new parties. It appearing to the Court that the provisions of the Plan of Work will be satisfied on 9/13/13, the Pretrial Conference is set for 2/20/2014 11:00 AM in Chambers before Chief Judge Dee D Drell. Signed by Chief Judge Dee D Drell on 12/11/12. (crt,Roaix, G)
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| Set/Reset Deadlines: Amended Pleadings due by 9/13/2013. Discovery deadline 8/19/2013. Dispositive Motions due by 9/23/2013. Expert Depositions due by 7/29/2013. Final Date for Expert Employment 4/2/2013. Exchange of Expert Reports due by 5/17/2013. Initial Disclosures exchanged by 1/10/2013. Joinder of Parties and Amendment of Pleadings due by 2/15/2013. (crt,Roaix, G) |
| Filing 10 PROPOSED Plan of Work by Hilton & Family Inc. (Attachments: #1 Proposed order)(aty,Pharis, Fred) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Paccar Inc identifying Corporate Parent Paccar Inc for Paccar Inc. (aty,Zimmer, Scott) |
| Filing 8 ANSWER to #1 Complaint, with Jury Demand by Paccar Inc.(aty,Zimmer, Scott) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Caterpillar Inc. (aty,McGlinchey, Deirdre) |
| Filing 6 ANSWER to #1 Complaint, with Jury Demand by Caterpillar Inc.(aty,McGlinchey, Deirdre) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Hilton & Family Inc. (aty,Pharis, Fred) |
| Filing 4 CASE MANAGEMENT ORDER No. 1 for cases assigned to Judge Dee D Drell sent to counsel of record. (crt,Roaix, G) |
| Filing 3 SUMMONS ISSUED as to Caterpillar Inc and Paccar Inc (crt,Dauterive, C) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Complaint, sent to Fred A Pharis on behalf of Hilton & Family Inc. Corporate Disclosure Statement due by 9/24/2012. (crt,Dauterive, C) |
| CASE Assigned to Judge Dee D Drell and Magistrate Judge James D Kirk. (crt,Dauterive, C) |
| Filing 1 COMPLAINT for Redhibition and Damages against Caterpillar Inc and Paccar Inc (Filing fee $350, receipt number 0536-2042262) filed by Hilton & Family, Inc.. (Attachments: #1 Civil cover sheet)(aty,Pharis, Fred) Modified on 9/10/2012 to add party defendants to docket entry (Dauterive, C). |
| REQUEST FOR ISSUANCE OF SUMMONS as to All Defendants, requested by Hilton & Family, Inc.. (aty,Pharis, Fred) |
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