Ducote et al v. Caterpillar Inc et al
| Shirley Ducote, Austin Ducote and Shelby Ducote |
| Caterpillar Inc., Louisiana Machinery Co L L C and Caterpillar Inc |
| 1:2023cv00672 |
| May 19, 2023 |
| U.S. District Court for the Western District of Louisiana |
| Dee D Drell |
| Joseph H L Perez-Montes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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Filing 32
ORDER granting #31 Motion to Enroll as Counsel. Added as counsel Gillian Miculek McCarroll for Caterpillar Inc. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/6/2023. (crt,Whitener, M)
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| Filing 31 MOTION for Gillian M. McCarroll to Enroll as Counsel by Caterpillar Inc. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 11/3/2023. (Attachments: #1 Proposed order)(aty,McGlinchey, Deirdre) |
| Filing 30 SUPPLEMENTAL MEMORANDUM in Opposition re #9 First MOTION to Remand MOTION for Attorney Fees filed by Caterpillar Inc. (aty,O'Cain, Patrick) |
| Filing 29 MINUTES for proceedings held before Magistrate Judge Joseph H.L. Perez-Montes: AMENDED MINUTES re Minutes of #23 Status Conference held on 10/19/2023. (Court Reporter: VTC) (crt,Tice, Y) |
| Filing 28 FILED IN ERROR BY CLERK NOTICE of Deficiency to Robert Mark Marionneaux, Jr on behalf of Austin Ducote, Shirley Ducote regarding #27 Memorandum in Opposition to Motion. Reason: Leave of court is required for the filing of this supplemental pleading. (crt,Whitener, M) Modified to reflect filed in error by clerk on 10/26/2023 (Whitener, M). |
| Filing 27 SUPPLEMENTAL MEMORANDUM in Support re #9 First MOTION to Remand MOTION for Attorney Fees filed by Austin Ducote and Shirley Ducote. (aty,Marionneaux, Robert) Modified to more accurately capture pleading, modified to add filer, and modified to indicate deficient status on 10/26/2023 (Whitener, M). Modified to remove deficiency on 10/26/2023 (Whitener, M). |
| NOTICE of Corrective Action regarding #28 Notice of Deficiency. Action taken: Modified to reflect Notice of Deficiency filed in error by clerk. Deficiency for #27 Supplemental Memorandum in Support has been removed. (crt,Whitener, M) |
| Filing 26 CIVIL CASE MANAGEMENT ORDER No. 2 for cases assigned to Judge Dee D. Drell sent to counsel of record. (crt,Tice, Y) |
| Filing 25 PLAN OF WORK filed by All Parties. Joinder of Parties and Amendment of Pleadings due by 11/1/2023. Final Date for Expert Employment 4/1/2024. Exchange of Expert Reports due by 5/1/2024. Expert Depositions due by 9/1/2024. Initial Disclosures exchanged by 10/1/2023. See Plan of Work for remainder of deadlines. Please note that the parties advised lines 1 and 2 should reflect the years 2023. (crt,Tice, Y) |
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Filing 24
ORDER granting #18 Proposed Plan of Work. Pretrial Conference is set for 3/20/2025 at 1:30 PM, in chambers, before Judge Dee D. Drell. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 10/19/2023. (crt,Tice, Y)
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| Filing 23 MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: VIDEO STATUS CONFERENCE held on 10/19/2023. (Court Reporter: VTC) (crt,Tice, Y) |
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Filing 22
ORDER granting #21 Motion to Enroll as Counsel. Added as counsel Robert Kenton Denny for Caterpillar Inc. Signed by Magistrate Judge Joseph H L Perez-Montes on 10/12/2023. (crt,Whitener, M)
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| Filing 21 MOTION for Robert K. Denny to Enroll as Counsel by Caterpillar Inc. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 10/4/2023. (Attachments: #1 Proposed order)(aty,McGlinchey, Deirdre) |
| Filing 20 ELECTRONIC MINUTE ENTRY: A Status Conference is set for 10/19/2023 at 2:00 p.m. before Magistrate Judge Joseph H.L. Perez-Montes. All attendance at this hearing will be by video conference. Counsel shall be prepared to discuss the proposed Plan of Work, pretrial procedures, anticipated discovery issues, dispositive motions, and settlement prospects. An email with the link access will be sent the day prior to the hearing. Participants are reminded of requirements of our local rules with respect to proper attire in the courtroom. They are to abide by those requirements even when participating via teleconference. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 9/20/2023. (crt,Tice, Y) |
| Filing 19 ELECTRONIC MINUTE ENTRY: A Status Conference is set for 10/19/2023 at 1:30 p.m. before Magistrate Judge Joseph H.L. Perez-Montes. All attendance at this hearing will be by video conference. Counsel shall be prepared to discuss the proposed Plan of Work, pretrial procedures, anticipated discovery issues, dispositive motions, and settlement prospects. An email with the link access will be sent the day prior to the hearing. Participants are reminded of requirements of our local rules with respect to proper attire in the courtroom. They are to abide by those requirements even when participating via teleconference. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 9/19/2023. (crt,Tice, Y) |
| Filing 18 First PROPOSED Plan of Work by Caterpillar Inc. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 9/12/2023. (Attachments: #1 Proposed order)(aty,O'Cain, Patrick) |
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Filing 17
ORDER granting #16 Motion to Enroll as Counsel. Added as counsel Brad Michael Barback for Caterpillar Inc. Signed by Magistrate Judge Joseph H L Perez-Montes on 8/11/2023. (crt,Miletello, A)
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| Filing 16 MOTION for Brad Barback to Enroll as Counsel by Caterpillar Inc. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 8/10/2023. (Attachments: #1 Proposed order)(aty,McGlinchey, Deirdre) |
| Filing 15 REPLY to Response to Motion re #9 First MOTION to Remand MOTION for Attorney Fees filed by Austin Ducote, Shelby Ducote, Shirley Ducote. (aty,James, Benjamin) |
| Filing 14 MEMORANDUM in Opposition re #9 First MOTION to Remand MOTION for Attorney Fees filed by Caterpillar Inc. (aty,O'Cain, Patrick) |
| Filing 13 RESPONSE TO REMOVAL ORDER by Caterpillar Inc . (Attachments: #1 Exhibit State court record)(aty,O'Cain, Patrick) |
| Filing 12 DIVERSITY DISCLOSURE STATEMENT by Austin Ducote, Shelby Ducote, Shirley Ducote (aty,James, Benjamin) Modified text on 6/15/2023. (Alexander, E) |
| Filing 11 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #10 Notice of Motion Setting sent to Benjamin David James on behalf of Austin Ducote, Shelby Ducote, Shirley Ducote. Diversity Jurisdiction Disclosure Statement due by 6/28/2023. (crt,Alexander, E) |
| Filing 10 NOTICE of Motion Setting regarding: #9 First MOTION to Remand MOTION for Attorney Fees. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Alexander, E) |
| Filing 9 First MOTION to Remand by All Plaintiffs. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 6/14/2023. (Attachments: #1 Proposed order, #2 Memorandum / Brief, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Certificate of Service)(aty,James, Benjamin). Added MOTION for Attorney Fees on 6/14/2023. (Alexander, E) |
| Filing 8 CIVIL CASE MANAGEMENT ORDER No 1 for cases assigned to Judge Dee D Drell sent to counsel of record. (Plan of Work - Compliance Deadline set for 7/18/2023.)(crt,Roaix, G) |
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Filing 7
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 6/2/2023. (crt,Tice, Y)
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| Filing 6 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/31/2023. (jud,Perez-Montes, Joseph) |
| Filing 5 ANSWER to Complaint with Jury Demand by Caterpillar Inc.(aty,McGlinchey, Deirdre) |
| Filing 4 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 5/22/2023. (crt,Whitener, M) |
| CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. (crt,Whitener, M) |
| Filing 3 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Caterpillar Inc.. (aty,McGlinchey, Deirdre) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Caterpillar Inc.. (aty,McGlinchey, Deirdre) |
| Filing 1 NOTICE of Removal from 12th JDC Avoyelles Parish, Case Number 20230972 (Filing fee $402, receipt number ALAWDC-5564578) filed by Caterpillar Inc.. (Attachments: #1 Exhibit 1. State court petition, #2 Exhibit 2. Tim Leger affidavit, #3 Exhibit 3. Ralph Sanders affidavit, #4 Civil cover sheet)(Attorney Deirdre C McGlinchey added to party Caterpillar Inc.(pty:dft))(aty,McGlinchey, Deirdre) |
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