Packaging Corp of America v. Heavy Machines L L C et al
| Packaging Corp of America |
| Heavy Machines L L C, Fogmaker International A B, Fogmaker North America, Liebherr-America Inc doing business as Liebherr U S A Co, Liebherr U S A Co and Liebherr-International A G |
| 2:2023cv01101 |
| August 16, 2023 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Property Damage |
| Both |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 CORRECTIVE DOCUMENT entitled Proposed Second Supplemental and Amending Petition for Damages filed by Packaging Corp of America regarding #37 First MOTION to Amend/Correct with opposition . (aty,Meyers, Andrew) |
| Filing 38 NOTICE of Motion Setting regarding: #37 First MOTION to Amend/Correct with opposition . Motions referred to Magistrate Judge Kathleen Kay. (crt,Crick, S) |
| Filing 37 First MOTION to Amend/Correct with opposition by Packaging Corp of America. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 10/12/2023. (Attachments: #1 Proposed order, #2 FILED IN ERROR - Proposed pleading)(aty,Meyers, Andrew) Modified on 10/12/2023 to indicate corrected proposed pleading submitted. (Crick, S). |
Filing 36
ELECTRONIC ORDER mooting #26 Motion for Hearing. The subject motions have been disposed of via consent judgments. Signed by Judge James D Cain, Jr on 10/4/2023. (crt,Higgins, M)
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Filing 35
CONSENT ORDER: IT IS ORDERED that Liebherr-Americas Motion to Dismiss #27 isGRANTED. IT IS FURTHER ORDERED that all claims asserted by PCA against Liebherr USA, Co. in the above-captioned action are dismissed without prejudice, with each party to bear the partys own costs and attorneys fees. Signed by Judge James D Cain, Jr on 10/4/2023. (crt,Stewart, T)
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Filing 34
CONSENT JUDGMENT: IT IS ORDERED that Liebherr-Internationals Motion to Dismiss #25 is GRANTED. IT IS FURTHER ORDERED that all claims asserted by PCA against Liebherr-International in the above-captioned action are dismissed without prejudice, with each party to bear the partys own costs and attorneys fees. Signed by Judge James D Cain, Jr on 10/4/2023. (crt,Stewart, T)
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| Filing 33 PROPOSED ORDER/JUDGMENT Consent Order by Liebherr-America Inc re #27 Motion to Dismiss,, Motion to Dismiss/Lack of Jurisdiction,. (aty,Clayton, Joshua) |
| Filing 32 PROPOSED ORDER/JUDGMENT Consent Order by Liebherr-International A G re #25 Motion to Dismiss,, Motion to Dismiss/Lack of Jurisdiction,. (aty,Clayton, Joshua) |
| Set/Reset Deadlines as to #25 MOTION to Dismiss Liebherr-International AG MOTION to Dismiss for Lack of Jurisdiction (Personal), Insufficient Process, and Insufficient Service of Process Pursuant to Rule 12(b), #27 MOTION to Dismiss Liebherr USA, Co.Motion to Dismiss/Lack of Jurisdiction. See #32 & #33 Proposed Consent Orders.Motion Ripe Deadline set for 10/2/2023. (crt,Crick, S) |
| Filing 31 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Fogmaker North America. (aty,Atkinson, Daniel) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT by Fogmaker North America identifying Corporate Parent Fogmaker North America for Fogmaker North America. (aty,Atkinson, Daniel) |
| Filing 29 AMENDED ANSWER to original & first supplemental petitions with Jury Demand by Fogmaker North America. (aty,Atkinson, Daniel) |
| Filing 28 NOTICE of Motion Setting without oral argument regarding: #25 MOTION to Dismiss Liebherr-International AG MOTION to Dismiss for Lack of Jurisdiction (Personal), Insufficient Process, and Insufficient Service of Process Pursuant to Rule 12(b), #27 MOTION to Dismiss Liebherr USA, Co.Motion to Dismiss/Lack of Jurisdiction. Motions referred to Judge James D Cain, Jr. Motion day set for 10/25/2023 before Judge James D Cain Jr. (crt,Crick, S) |
| Filing 27 MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by Liebherr-America Inc. (Attachments: #1 Memorandum / Brief Memorandum in Support, #2 Exhibit A - Memorandum Order (Pigg v. BPX Energy))(aty,Clayton, Joshua) Modified on 9/13/2023 to modify motion event and docket text. (Crick, S). Modified on 10/2/2023 to indicate #33 Proposed Consent Order submitted. (Crick, S). |
| Filing 26 MOTION for Hearing by Liebherr-International A G re #25 MOTION to Dismiss Liebherr-International AG MOTION to Dismiss for Lack of Jurisdiction (Personal), Insufficient Process, and Insufficient Service of Process Pursuant to Rule 12(b) (aty,Clayton, Joshua) Modified on 9/13/2023 to capture motion event. (Crick, S). |
| Filing 25 MOTION to Dismiss Liebherr-International AG, MOTION to Dismiss for Lack of Jurisdiction (Personal), Insufficient Process, and Insufficient Service of Process Pursuant to Rule 12(b) by Liebherr-International A G. (Attachments: #1 Memorandum / Brief Memorandum in Support, #2 Exhibit A - Decl. of Stefan Raemy)(aty,Clayton, Joshua) Modified on 10/2/2023 to indicate #32 Proposed Consent Order submitted. (Crick, S). |
| Set/Reset Deadlines as to #26 Motion for Hearing. Motion Ripe Deadline set for 9/13/2023. (crt,Crick, S) |
| Filing 24 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #22 Answer to Amended Complaint sent to Daniel R Atkinson, Jr on behalf of Fogmaker North America. Diversity Jurisdiction Disclosure Statement due by 9/15/2023. (crt,Crick, S) |
| Filing 23 NOTICE of Corporate Disclosure Statement Requirement re: #22 Answer to Amended Complaint sent to Daniel R Atkinson, Jr on behalf of Fogmaker North America. Corporate Disclosure Statement due by 9/15/2023. (crt,Crick, S) |
| Filing 22 ANSWER to Amended Complaint, with Jury Demand by Fogmaker North America.(Attorney Daniel R Atkinson, Jr added to party Fogmaker North America(pty:dft))(aty,Atkinson, Daniel) |
| Filing 21 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Liebherr-International A G. (aty,Clayton, Joshua) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT by Liebherr-International A G. (aty,Clayton, Joshua) |
| Filing 19 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Packaging Corp of America. (aty,Meyers, Andrew) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by Packaging Corp of America identifying Other Affiliate, Vanguard Group for Packaging Corp of America. (aty,Meyers, Andrew) Modified on 8/29/2023 to add other affiliate and modify docket text. (Crick, S). |
| Filing 17 Response to Removal Order by Liebherr-America Inc re #6 Removal Order (Attachments: #1 Exhibit A - State Court Online Docket Sheet)(aty,Clayton, Joshua) Modified on 8/29/2023 to modify docket text. (Crick, S). |
| Filing 16 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Liebherr-America Inc. (aty,Clayton, Joshua) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Liebherr-America Inc identifying Corporate Parent Liebherr-International A G, Corporate Parent Liebherr-Mining Equipment SAS of France, Corporate Parent Liebherr-Werk Ehingen GmbH of Germany for Liebherr-America Inc. (aty,Clayton, Joshua) |
| Filing 14 ANSWER to Amended Complaint, with Jury Demand by Heavy Machines L L C.(aty,Ernest, George) |
| Filing 13 ANSWER to Complaint with Jury Demand by Heavy Machines L L C.(aty,Ernest, George) |
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Filing 12
ORDER granting #10 Motion for Extension of Time to Answer. Liebherr-America Inc answer due 9/13/2023. Signed by Magistrate Judge Kathleen Kay on 8/24/2023. (crt,Jones, P)
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Filing 11
ORDER granting #7 Motion for Extension of Time to Answer. Liebherr-International A G answer due 9/13/2023. Signed by Magistrate Judge Kathleen Kay on 8/23/2023. (crt,Jones, P)
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| Filing 10 Unopposed MOTION for Extension of Time to File Answer with consent by Liebherr-America Inc. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/22/2023. (Attachments: #1 Proposed order)(aty,Clayton, Joshua) |
| Filing 9 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #7 Motion for Extension of Time to File Answer sent to Joshua Paul Clayton on behalf of Liebherr-International A G. Diversity Jurisdiction Disclosure Statement due by 9/5/2023. (crt,Crick, S) |
| Filing 8 NOTICE of Corporate Disclosure Statement Requirement re: #7 Motion for Extension of Time to File Answer sent to Joshua Paul Clayton on behalf of Liebherr-International A G. Corporate Disclosure Statement due by 9/5/2023. (crt,Crick, S) |
| Filing 7 Unopposed MOTION for Extension of Time to File Answer with consent by Liebherr-International A G. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/22/2023. (Attachments: #1 Proposed order)(Attorney Joshua Paul Clayton added to party Liebherr-International A G(pty:dft))(aty,Clayton, Joshua) |
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Filing 6
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Kathleen Kay on 8/22/2023. (crt,Jones, P)
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| Filing 5 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Heavy Machines L L C. (aty,Ernest, George) |
| Filing 4 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 8/17/2023. (crt,Crick, S) |
| Filing 3 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #1 Notice of Removal sent to George D Ernest, III, Joshua Paul Clayton, Andrew H Meyers on behalf of Heavy Machines L L C, Liebherr-America Inc, Packaging Corp of America. Diversity Jurisdiction Disclosure Statement due by 8/31/2023. (crt,Crick, S) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal sent to Joshua Paul Clayton on behalf of Liebherr-America Inc. Corporate Disclosure Statement due by 8/31/2023. (crt,Crick, S) |
| FIRST SUPPLEMENTAL & AMENDED COMPLAINT against Fogmaker International AB, Fogmaker North America, Heavy Machines L L C, Liebherr USA, Co., Liebherr-America, Inc., Liebherr-International AG with Jury Demand filed by Packaging Corp of America. ADMINISTRATIVE ENTRY. The PDF image can be found at Attachment #15 to #1 Notice of Removal.(crt,Crick, S) |
| ANSWER to Complaint & Amended Complaint with Jury Demand by Liebherr-America, Inc. ADMINISTRATIVE ENTRY. The PDF image can be found at Attachment #15 to #1 Notice of Removal.(crt,Crick, S) |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Crick, S) |
| STATE COURT Service Returned Executed. Fogmaker International A B answer due 8/23/2023; Heavy Machines L L C answer due 8/23/2023; Liebherr USA Co answer due 8/23/2023; Liebherr-International A G answer due 8/23/2023. ADMINISTRATIVE ENTRY. The PDF image can be found at Attachment #15 to #1 Notice of Removal. (crt,Crick, S) |
| Filing 1 NOTICE of Removal from 36th JDC Beauregard Parish, Case Number C-2023-0303 with Jury Demand; (Filing fee $402, receipt number ALAWDC-5658478) filed by Liebherr-America, Inc.. (Attachments: #1 Exhibit A - Pl.s Orig. Pet., #2 Exhibit B - Pl.'s 1st Supp. Pet., #3 Exhibit C - Ntc. of Serv. of Process & Cit., #4 Exhibit D - La. Sec'y of State - PCA, #5 Exhibit E - La. Sec'y of State - HML, #6 Exhibit F - Fogmaker Int'l - About Fogmaker, #7 Exhibit G - Fogmaker Int'l - Homepage, #8 Exhibit H - Penn. Dep't of State - Fogmaker N.A., #9 Exhibit I - La. Sec'y of State - Liebherr America, #10 Exhibit J - Am. Certif. - Liebherr USA, #11 Exhibit K - Liebherr-Int'l - Website, #12 Exhibit L - Consent to Removal - HML, #13 Exhibit M - Consent to Removal - Liebherr-Int'l, #14 Exhibit N(1) - State Court Record Part 1, #15 Exhibit N(2) - State Court Record Part 2, #16 Exhibit O - Decl. of Marcel Schmitt, #17 Exhibit P - Ntc. to State Ct. & Adverse Party, #18 Exhibit Q - Cert. of Filing of State Ct. Ntc., #19 Exhibit R - List of Parties & Pleadings, #20 Civil cover sheet)(Attorney Joshua Paul Clayton added to party Liebherr-America, Inc.(pty:dft))(aty,Clayton, Joshua) |
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