Anunciacao v. Caterpillar Inc.
Carlos Anunciacao |
Caterpillar Japan, Ltd., Caterpillar Inc. and Shin Caterpillar Mitsubishi Ltd. |
Hillview Equipment & Leasing Business Trust Company, Inc and Hillview Equipment & Leasing Company, Inc |
Shin Caterpillar Mitsubishi, Ltd. |
Alex Lyons & Sons Sales Managers & Auctioneers, Inc. |
1:2007cv10904 |
May 14, 2007 |
US District Court for the District of Massachusetts |
Boston Office |
Bristol |
Judith G Dein |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on February 26, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 307 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
Filing 306 EXCERPT Transcript of Jury Trial Day Two (Direct Testimony of Vaughn Paul Adams) held on November 29, 2011, before Magistrate Judge Judith G. Dein. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Carol Scott at carollynnscott@cs.com Redaction Request due 3/19/2015. Redacted Transcript Deadline set for 3/30/2015. Release of Transcript Restriction set for 5/27/2015. (Scalfani, Deborah) |
Filing 305 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
Filing 304 Transcript of Jury Trial Day Three held on November 30, 2011, before Magistrate Judge Judith G. Dein. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com Redaction Request due 3/13/2015. Redacted Transcript Deadline set for 3/23/2015. Release of Transcript Restriction set for 5/21/2015. (Scalfani, Deborah) |
Filing 291 Magistrate Judge Judith G. Dein: ORDER entered. MEMORANDUM OF DECISION AND ORDER on #288 Defendant's Bill of Costs. (Dambrosio, Jolyne) |
Filing 290 Caterpillar Japan's Opposition to the Plaintiffs Motion to Deny Defendant's Bill of Costs Response by Caterpillar Japan, Ltd. to #289 Bill of Costs . (Attachments: #1 Exhibit Exhibit A)(Campbell, Richard) |
Filing 289 Objection/Motion to Deny Bill of Costs by Carlos Anunciacao. (Pursley, Thomas) (Modified to change description of document on 5/11/2012 (Dambrosio, Jolyne)). |
ELECTRONIC NOTICE issued requesting courtesy copy of #288 Defendant's Bill of Costs. Counsel is requested to submit a courtesy copy of this document to Magistrate Judge Dein by 5/11/12. The document must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Dambrosio, Jolyne) |
Filing 288 BILL OF COSTS by Caterpillar Japan, Ltd.. (Attachments: #1 Affidavit Affidavit of Richard L. Campbell, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P)(Campbell, Richard) |
Filing 287 Magistrate Judge Judith G. Dein: ORDER entered. MEMORANDUM OF DECISION AND ORDER denying #283 Plaintiffs' Motion for a New Trial. (Dambrosio, Jolyne) |
Civil Case Terminated. (Dambrosio, Jolyne) |
ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Motion Hearing held on 2/2/2012 re #283 MOTION for New Trial and Request for Oral Argument filed by Carlos Anunciacao. USMJ Dein hears arguments from counsel and takes motion under advisement. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Lynch, Pursley and Campbell) (Quinn, Thomas) |
Filing 286 EXCERPT Transcript of Bench Trial Day Eight (Testimony of Gregory H. Gipp only) held on December 7, 2011, before Magistrate Judge Judith G. Dein. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com Redaction Request due 2/22/2012. Redacted Transcript Deadline set for 3/5/2012. Release of Transcript Restriction set for 5/1/2012. (Scalfani, Deborah) |
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
Electronic Notice of RESCHEDULING of Hearing of 2/2/12 TIME change from 3:30pm to 10:00am. (Quinn, Thomas) |
ELECTRONIC NOTICE Setting Hearing on #283 Plaintiff's MOTION for New Trial: Motion Hearing set for 2/2/2012 03:30 PM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
Filing 285 MEMORANDUM in Opposition re #283 MOTION for New Trial and Request for Oral Argument Memorandum in Support of Caterpillar Japan, LTD's Opposition to the Plaintiffs' Motion for a New Trial filed by Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 284 Opposition re #283 MOTION for New Trial and Request for Oral Argument Caterpillar Japan, LTD's Opposition to the Plaintiffs' Motion for a New Trial filed by Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 283 MOTION for New Trial and Request for Oral Argument by Carlos Anunciacao.(Pursley, Thomas) (Main Document 283 replaced on 1/18/2012) (Johnson, Jay). |
Ch. Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered finding as moot #210 , #218 , #225 , #269 , #270 , #274 Motions in Limine, and #279 Motion for Judgment as a Matter of Law. (Dambrosio, Jolyne) |
Filing 282 Ch. Magistrate Judge Judith G. Dein: ORDER entered. JUDGMENT (Quinn, Thomas) |
Filing 281 JURY VERDICT in favor of Defendant. (Quinn, Thomas) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial Day 11 completed on 12/12/2011. Court opened; Jury retires to deliberate; Jury returns with jury verdict. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch Pursley Campbell and Campbell) (Quinn, Thomas) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial Day 10 held on 12/9/2011. Defendant rests his case; Closing arguments by defendant and plaintiff; USMJ Dein gives jury charge; Jury retires to deliberate; jury returns with 3 questions and the court with counsel addresses jury questions; jury deliberates till 7:40pm and excused and instructed to return on 12/12/11 @ 9:00am. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch Pursley Campbell and Campbell) (Quinn, Thomas) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Hearing re Jury Charge held on 12/8/2011. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch Pursley Campbell and Campbell) (Quinn, Thomas) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial Day 9 held on 12/8/2011. Defendant's evidence continues; cross exam of witness(Livernois)continues; redirect; recross; defendant calls witness(Mercaldi,David)direct exam; cross exam; redirect; recross; court recesses for today and the jury is instructed to return on 12/9/11. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch Pursley Campbell and Campbell) (Quinn, Thomas) |
Filing 280 MEMORANDUM OF LAW by Caterpillar Japan, Ltd.. (Campbell, Richard) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial Day 8 held on 12/7/2011. Defendant's evidence continues; cross exam of witness(Hekel) continues; redirect; recross; defendant calls witness (Gipp,Greg) direct exam; cross exam; defendant calls witness(Livernois,Thomas) direct exam; cross exam; court recesses for today and the jury is instructed to return 12/8/11 @ 9:00am. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch Pursley Campbell and Campbell) (Quinn, Thomas) |
Filing 279 MOTION for Judgment as a Matter of Law as to Defendant's Affirmative Defense of Unreasonable Use by Carlos Anunciacao.(Pursley, Thomas) |
Filing 278 Proposed Jury Instructions by Carlos Anunciacao. (Pursley, Thomas) |
Set/Reset Hearings: Jury Trial set for 12/8/2011 09:00 AM in Courtroom 3 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial Day 7 held on 12/6/2011. Defendant's evidence continues; direct exam of witness (Deputy) continues; cross exam; redirect and recross; Defendant calls witness (Hekel,Christopher) direct exam; cross exam; court recesses for today and instructs the jury to return 12/7/11 @ 9:00am. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch, Pursley Campbell, and Campbell) (Quinn, Thomas) |
Filing 277 TRIAL BRIEF Memorandum with Respect to Availability of the So-Called Correia Defense by Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 276 MOTION for Judgment as a Matter of Law by Caterpillar Japan, Ltd. (Dambrosio, Jolyne) |
ELECTRONIC NOTICE of Hearing. Jury Trial day 6 set for 12/6/2011 09:00 AM in Courtroom 3 before Ch. Magistrate Judge Judith G. Dein. (Garvin, Brendan) |
Ch. Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered denying #276 Defendant's Motion for Judgment as a Matter of Law for the reasons asserted by Plaintiff in court. (Dambrosio, Jolyne) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial day 5 held on 12/5/2011. Plaintiff rests his case. Defendant calls David Pine. Deposition transcript of Daniel Bickford. Defendant calls Marcello Lauro, cross, re-direct. Defendant calls Americo Almeida, cross. Defendant calls James Deputy. Jury trial day 6 to continue on 12/6/11. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch, Pursley and Campbell and Campbell) (Garvin, Brendan) |
Set/Reset Hearings: Jury Trial set for 12/5/2011 09:00 AM in Courtroom 3 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial Day 4 held on 12/1/2011. Plaintiff's evidence continues and calls witness #6(Dr. Siddiqui) direct exam; cross exam by Atty Campbell; plaintiff calls witness #7(Lussier,Jeniffer) direct exam; cross exam; plaintiff calls witness #8(Andrulis, John) direct exam; cross exam; redirect; court recesses for today and the court instructs the jury to return 12/2/11 @ 9:00am. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch, Pursley and Campbell and Campbell) (Quinn, Thomas) |
Ch. Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered sustaining #234 Plaintiffs' Objection to Defendant's Designation of Daniel Bickford Deposition. (Dambrosio, Jolyne) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Bench Trial Day 3 held on 11/30/2011. Plaintiff's case in chief continues direct exam of witness #3(Adams) continues; cross exam by Atty Campbell; plaintiff call witness #4(Cannon,Mark) direct exam; cross exam; redirect; recross exam; plaintiff calls witness #5(Aull,Donald) direct exam; cross exam by Atty Campbell Jr.; court recessed for today and the court instructs the jury to return 12/1/11 @ 9:00am. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch, Pursley and Campbell and Campbell) (Quinn, Thomas) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial Day 2 held on 11/29/2011. Opening statement by Attorney Campbell; Plaintiff's case in chief begins; Plaintiff calls witness #1(DesRochers,Lionel) direct exam; cross exam; redirect; plaintiff calls witness #2(Santos, Ronald) direct exam; exhibits 1-36 admitted; cross exam by Atty Campbell; redirect exam; plaintiff calls witness #3(Adams) direct exam by Atty Lynch; court recessed for today and the court instructs the jury to return 11/30/11 @ 10:00am. (Court Reporter: Donald Womack at womack@megatran.com. and the morning and Carol Scott in the afternoon)(Attorneys present: Lynch, Pursley and Campbell and Campbell) (Quinn, Thomas) |
ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Jury Trial Day one held on 11/28/2011. Pretrial conference held; case called Jury impannelment held, general voir dire conducted; jury sworn in; Court and jury take view of excavator; opening statement by plaintiff by Attorney Lynch; court recessed for today and jury is instructed to return 11/29/11 @ 10:00am. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lynch, Pursley and Campbell and Campbell) (Quinn, Thomas) |
Filing 275 STIPULATION of Dismissal with Prejudice of Caterpillar Japan, Ltd.. (Quinn, Thomas) |
Filing 274 MOTION to Exclude Untimely-Disclosed Expert Report of Andrew Mazur, M.D. by Caterpillar Japan, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Grunert, John) |
Set/Reset Hearings: Jury Trial set for 11/29/2011 09:00 AM in Courtroom 3 before Ch. Magistrate Judge Judith G. Dein. Jury Trial set for 11/30/2011 09:00 AM in Courtroom 3 before Ch. Magistrate Judge Judith G. Dein. Jury Trial set for 12/1/2011 09:00 AM in Courtroom 3 before Ch. Magistrate Judge Judith G. Dein. Jury Trial set for 12/2/2011 09:00 AM in Courtroom 3 before Ch. Magistrate Judge Judith G. Dein. (Rynne, Michelle) |
Filing 273 RESPONSE to Motion re #270 MOTION in Limine for a Limited View by the Jury of the Subject Excavator filed by Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 272 Opposition re #269 MOTION in Limine to Preclude Reference to Plaintiffs' Settlement or Dismissal of Other Defendants and to Revise Case Caption filed by Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 271 Response by Caterpillar Japan, Ltd. to #265 Notice (Other) with Objections and Counterdesignations with Respect to Plaintiffs' Designation of Deposition Testimony of Gregory Gipp. (Grunert, John) |
Filing 270 MOTION in Limine for a Limited View by the Jury of the Subject Excavator by Carlos Anunciacao.(Pursley, Thomas) |
Filing 269 MOTION in Limine to Preclude Reference to Plaintiffs' Settlement or Dismissal of Other Defendants and to Revise Case Caption by Carlos Anunciacao.(Pursley, Thomas) |
Filing 268 Objection to #264 Notice (Other) by Caterpillar Japan, Ltd. to Plaintiffs' Designation of Deposition Testimony of Takao Masayasu and Counterdesignations. (Grunert, John) |
Filing 267 NOTICE by Carlos Anunciacao Designation of Deposition Testimony of Christopher Hekel for Admission at Trial (Pursley, Thomas) |
Filing 266 NOTICE by Carlos Anunciacao Designation of Deposition Testimony of James Deputy for Admission at Trial (Pursley, Thomas) |
Filing 265 NOTICE by Carlos Anunciacao Designation of Deposition Testimony of Gregory Gipp for Admission at Trial (Pursley, Thomas) |
Filing 264 NOTICE by Carlos Anunciacao Designation of Deposition Testimony of Takao Masayasu for Admission at Trial (Pursley, Thomas) |
Filing 263 Letter/request (non-motion) from Caterpillar Japan, Ltd. with Requests Concerning Case Description and Pre-Charge to the Jury. (Campbell, Richard) |
Filing 262 Revised Witness List by Caterpillar Japan, Ltd.. (Campbell, Richard) |
Filing 261 Letter/request (non-motion) from Plaintiffs' Requests Concerning Case Description and Pre-Charge to the Jury. (Pursley, Thomas) |
Filing 260 Ch. Magistrate Judge Judith G. Dein: ORDER entered. MEMORANDUM OF DECISION AND ORDER granting in part and denying in part #219 Plaintiffs' Motion in Limine to Exclude the Employee's Conference Memorandum Filed with the Department of Industrial Accidents. (Dambrosio, Jolyne) |
Filing 259 Ch. Magistrate Judge Judith G. Dein: MEMORANDUM OF DECISION AND ORDER entered granting in part and denying in part #193 Defendants' Motion in Limine to Exclude Portions of OSHA Reports Related to the Accident. (Dambrosio, Jolyne) |
Filing 258 Plaintiffs' Revised Witness List by Carlos Anunciacao. (Pursley, Thomas) |
Filing 257 Ch. Magistrate Judge Judith G. Dein: ORDER ON PARTIES' MOTIONS IN LIMINE AND ON DEFENDANTS' MOTION TO STRIKE entered. (Dambrosio, Jolyne) |
Filing 256 Opposition re #218 MOTION in Limine to Exclude From Evidence Caterpillar, Inc's Contract with CDC Regarding Construction Vehicle and Equipment Blind Area Diagrams and Any Testimony Relating Thereto filed by Carlos Anunciacao. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3, #4 Exhibit A, Part 4)(Pursley, Thomas) |
Filing 255 AMENDED DOCUMENT by Caterpillar Inc.. Amendment to #237 Trial Brief 's Neutral Statement. (Campbell, Richard) |
Filing 254 Objection by Caterpillar Inc. and Motion to Strike "Plaintiffs' Supplemental Designation of Witnesses Whose Testimony May Be Offered by Depostion". (Attachments: #1 Exhibit A)(Grunert, John) |
Filing 253 Opposition re #225 MOTION in Limine to Exclude Testimony of Plaintiffs' Experts Concerning Mirrors on Other Manufacturers' Excavators filed by Carlos Anunciacao. (Attachments: #1 Exhibit A)(Pursley, Thomas) |
Filing 252 Opposition re #221 MOTION in Limine to Exclude Testimony of Plaintiff's Expert Witness Mark Cannon Concerning Caterpillar's Optional Counterweight Mirror filed by Carlos Anunciacao. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pursley, Thomas) |
Filing 251 Opposition re #218 MOTION in Limine to Exclude From Evidence Caterpillar, Inc's Contract with CDC Regarding Construction Vehicle and Equipment Blind Area Diagrams and Any Testimony Relating Thereto filed by Carlos Anunciacao. (Pursley, Thomas) |
Filing 250 Opposition re #197 MOTION in Limine to Exclude Evidence that the Subject Excavator was Unequipped with a Travel Alarm at the Time of It's Initial Sale filed by Carlos Anunciacao. (Pursley, Thomas) |
Filing 249 Opposition re #210 MOTION in Limine to Exclude Evidence of and Testimony Regarding the "Caterpillar Vision Compromise Cases" and "BTI Caterpillar Cases" Lists filed by Carlos Anunciacao. (Pursley, Thomas) |
Filing 248 Opposition re #198 MOTION in Limine to Bar Testimony by the Plaintiffs' Proposed Expert Economist John Andrulis, Ph.D. filed by Carlos Anunciacao. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pursley, Thomas) |
Filing 247 NOTICE of Appearance by Richard L. Campbell on behalf of Caterpillar Inc., Caterpillar Japan, Ltd. (Campbell, Richard) |
Filing 246 Opposition re #219 MOTION in Limine to Exclude the Employee's Conference Memorandum Filed on Behalf of Carlos Anunciacao with The Commonwealth of Massachusetts Department of Industrial Accidents filed by Caterpillar Inc.. (Attachments: #1 Tab 1)(Grunert, John) |
Filing 245 Opposition re #215 MOTION in Limine to Exclude Evidence of Possible Post-Sale, Pre-Accident Attempted Installation of a Travel Alarm on the Subject Excavator filed by Caterpillar Inc., Caterpillar Japan, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Campbell, Richard) |
Filing 244 Opposition re #212 MOTION in Limine to Exclude Evidence of Other Workplace Incidents Involving Plaintiff filed by Caterpillar Inc.. (Attachments: #1 Tab A, #2 Tab B, #3 Tab C)(Grunert, John) |
Filing 243 Opposition re #216 MOTION in Limine to Exclude Evidence of Receipt of Collateral Source Benefits filed by Caterpillar Inc.. (Grunert, John) |
Filing 242 Opposition re #213 MOTION in Limine to Exclude Evidence of or Reference to the Condition of Equipment at Plaintiff's Employer LAL Construction Other Than the Subject Excavator filed by Caterpillar Inc., Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 241 Response by Carlos Anunciacao to #237 Trial Brief of the Defendants. (Pursley, Thomas) |
Filing 240 Opposition re #193 MOTION in Limine to Exclude Portions of OSHA Reprots Related to the Accident filed by Carlos Anunciacao. (Attachments: #1 Exhibit A)(Pursley, Thomas) |
Filing 239 PRETRIAL MEMORANDUM by Carlos Anunciacao. (Attachments: #1 Exhibit Joint Exhibit Lists)(Pursley, Thomas) |
Filing 238 TRIAL BRIEF by Carlos Anunciacao. (Attachments: #1 Exhibit Voir Dire Questions, #2 Exhibit Jury Instructions, #3 Exhibit Special Questions)(Pursley, Thomas) |
Filing 237 TRIAL BRIEF by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Campbell, Richard) |
Filing 236 NOTICE by Carlos Anunciacao Supplemental Designation of Witnesses whose Testimony May Be Offered by Deposition (Pursley, Thomas) |
Filing 235 Supplemental Exhibit List Disclosures by Caterpillar Inc., Shin Caterpillar Mitsubishi Ltd... (Campbell, Richard) |
Ch. Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Any party designating deposition excerpts shall provide the court with a courtesy copy of the deposition transcript immediately. The transcript should not be docketed, and should be clearly marked as a courtesy copy. (Dambrosio, Jolyne) |
Filing 234 Objection by Carlos Anunciacao and Counter-Designations of Daniel Bickford Deposition. (Pursley, Thomas) |
Filing 233 Objection by Carlos Anunciacao and Counter-designations of Jack Lyons Deposition. (Pursley, Thomas) |
Filing 232 Objection to #185 Notice (Other) by Caterpillar Inc. Plaintiffs' Designation of Deposition Testimony of Robert Herold and Counterdesignations. (Campbell, Richard) |
Filing 231 Objection to #183 Exhibit List by Caterpillar Inc. To the Witnesses Identified by the Plaintiffs in Their List of Exhibits and Witnesses Including Experts. (Campbell, Richard) |
Filing 230 Objection to #186 Notice (Other) by Caterpillar Inc. Plaintiffs' Objections to Plaintiffs' Designation of Deposition Testimony of Troy Larson and Counterdesignations. (Campbell, Richard) |
Filing 229 Objection to #187 Notice (Other) by Caterpillar Inc. Plaintiffs' Objections to Plaintiffs' Designation of Deposition Testimony of Frank McCrackin and Counterdesignations. (Campbell, Richard) |
Filing 228 Objection to #188 Notice (Other) by Caterpillar Inc. Plaintiffs' Designation of Deposition Testimony of Dan Wienkes and Counterdesignations. (Campbell, Richard) |
ELECTRONIC NOTICE issued requesting courtesy copy of #190 - #227 MOTIONS in Limine and supporting documents. Counsel who filed these documents are requested to submit a courtesy copy to Ch. M.J. Dein by 11/3/11. These documents must be clearly marked as a Courtesy Copy and reflect the document numbers assigned by CM/ECF. (Dambrosio, Jolyne) |
Filing 227 MEMORANDUM in Support re #226 MOTION in Limine To Limit Scope of Testimony of Plaintiffs Experts to that Disclosed in Reports and During Depositions filed by Caterpillar Inc., Caterpillar Japan, Ltd. (Attachments: #1 Exhibit A to Memo in Suport of CAT's MIL to Limit Scope of Expert Testimony, #2 Exhibit B to Memo in Suport of CAT's MIL to Limit Scope of Expert Testimony, #3 Exhibit C to Memo in Suport of CAT's MIL to Limit Scope of Expert Testimony)(Campbell, Richard) Modified to change name of document on 11/9/2011 (Dambrosio, Jolyne). |
Filing 226 MOTION in Limine To Limit Scope of Testimony of Plaintiffs Experts to that Disclosed in Reports and During Depositions by Caterpillar Inc.(Grunert, John) Modified to change name of document on 11/9/2011 (Dambrosio, Jolyne). |
Filing 225 MOTION in Limine to Exclude Testimony of Plaintiffs' Experts Concerning Mirrors on Other Manufacturers' Excavators by Caterpillar Inc..(Grunert, John) |
Filing 224 MEMORANDUM in Support re #223 MOTION in Limine to Bar Expert Testimony by Treating Healthcare Providers filed by Caterpillar Inc., Caterpillar Japan, Ltd.. (Attachments: #1 Exhibit A- to Memorandum in Support of CAT's MIL to Bar Expert Testimony by Treating Healthcare Providers, #2 Exhibit B- to Memorandum in Support of CAT's MIL to Bar Expert Testimony by Treating Healthcare Providers)(Campbell, Richard) |
Filing 223 MOTION in Limine to Bar Expert Testimony by Treating Healthcare Providers by Caterpillar Inc., Caterpillar Japan, Ltd..(Campbell, Richard) |
Filing 222 MEMORANDUM in Support re #221 MOTION in Limine to Exclude Testimony of Plaintiff's Expert Witness Mark Cannon Concerning Caterpillar's Optional Counterweight Mirror filed by Caterpillar Inc., Caterpillar Japan, Ltd.. (Attachments: #1 Exhibit A-To Memorandum in Support of CAT's MIL to Exclude Testimony of Mark Cannon, #2 Exhibit B-To Memorandum in Support of CAT's MIL to Exclude Testimony of Mark Cannon)(Campbell, Richard) |
Filing 221 MOTION in Limine to Exclude Testimony of Plaintiff's Expert Witness Mark Cannon Concerning Caterpillar's Optional Counterweight Mirror by Caterpillar Inc., Caterpillar Japan, Ltd..(Campbell, Richard) |
Filing 220 MEMORANDUM in Support re #218 MOTION in Limine to Exclude From Evidence Caterpillar, Inc's Contract with CDC Regarding Construction Vehicle and Equipment Blind Area Diagrams and Any Testimony Relating Thereto filed by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Campbell, Richard) |
Filing 219 MOTION in Limine to Exclude the Employee's Conference Memorandum Filed on Behalf of Carlos Anunciacao with The Commonwealth of Massachusetts Department of Industrial Accidents by Carlos Anunciacao. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pursley, Thomas) |
Filing 218 MOTION in Limine to Exclude From Evidence Caterpillar, Inc's Contract with CDC Regarding Construction Vehicle and Equipment Blind Area Diagrams and Any Testimony Relating Thereto by Caterpillar Inc..(Campbell, Richard) |
Filing 217 EXHIBIT re #199 Memorandum in Support of Motion to Limine to Bar Testimony by Plaintiffs' Expert Economist by Caterpillar Inc.. (Grunert, John) |
Filing 216 MOTION in Limine to Exclude Evidence of Receipt of Collateral Source Benefits by Carlos Anunciacao.(Pursley, Thomas) |
Filing 215 MOTION in Limine to Exclude Evidence of Possible Post-Sale, Pre-Accident Attempted Installation of a Travel Alarm on the Subject Excavator by Carlos Anunciacao.(Pursley, Thomas) |
Filing 214 MEMORANDUM in Support re #197 MOTION in Limine to Exclude Evidence that the Subject Excavator was Unequipped with a Travel Alarm at the Time of It's Initial Sale filed by Caterpillar Inc.. (Grunert, John) |
Filing 213 MOTION in Limine to Exclude Evidence of or Reference to the Condition of Equipment at Plaintiff's Employer LAL Construction Other Than the Subject Excavator by Carlos Anunciacao.(Pursley, Thomas) |
Filing 212 MOTION in Limine to Exclude Evidence of Other Workplace Incidents Involving Plaintiff by Carlos Anunciacao.(Pursley, Thomas) |
Filing 211 MEMORANDUM in Support re #210 MOTION in Limine to Exclude Evidence of and Testimony Regarding the "Caterpillar Vision Compromise Cases" and "BTI Caterpillar Cases" Lists filed by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Campbell, Richard) |
Filing 210 MOTION in Limine to Exclude Evidence of and Testimony Regarding the "Caterpillar Vision Compromise Cases" and "BTI Caterpillar Cases" Lists by Caterpillar Inc..(Campbell, Richard) |
Filing 209 MEMORANDUM in Support re #208 MOTION in Limine to Preclude Expert Testimony Concerning the Meaning of the Term "Rear Mirror" or "Back Mirror" As Used in Caterpillar Japan, Ltd's Internal Design Standards and Technical Reports filed by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Campbell, Richard) |
Filing 208 MOTION in Limine to Preclude Expert Testimony Concerning the Meaning of the Term "Rear Mirror" or "Back Mirror" As Used in Caterpillar Japan, Ltd's Internal Design Standards and Technical Reports by Caterpillar Inc..(Campbell, Richard) |
Filing 207 MEMORANDUM in Support re #206 MOTION in Limine The Defendants' Motion in Limine to Exclude Testimony of Plaintiffs' Expert R. Patrick Donahue filed by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Campbell, Richard) |
Filing 206 MOTION in Limine The Defendants' Motion in Limine to Exclude Testimony of Plaintiffs' Expert R. Patrick Donahue by Caterpillar Inc..(Campbell, Richard) |
Filing 205 EXHIBIT re #199 Memorandum in Support of Motion to Bar Testimony by Plaintiffs' Proposed Expert Economist by Caterpillar Inc.. (Grunert, John) |
Filing 204 EXHIBIT re #199 Memorandum in Support of Motion to Bar Testimony by Plaintiffs' Proposed Expert Economist by Caterpillar Inc.. (Grunert, John) |
Filing 203 EXHIBIT re #199 Memorandum in Support of Motion in Limine to Bar Testimony by Plaintiffs' Prposed Expert Economist by Caterpillar Inc.. (Grunert, John) |
Filing 202 EXHIBIT re #199 Memorandum in Support of Motion to Bar Testimony by Plaintiffs' Proposed Expert Economist by Caterpillar Inc.. (Grunert, John) |
Filing 201 EXHIBIT re #199 Memorandum in Support of Motion to Bar Testimony by Plaintiffs' Proposed Expert Economist by Caterpillar Inc.. (Grunert, John) |
Filing 200 EXHIBIT re #199 Memorandum in Support of Motion in Limine to Bar Testimony by Plaintiffs' Proposed Expert Economist John Andrulis, Ph.D. by Caterpillar Inc.. (Grunert, John) |
Filing 199 MEMORANDUM in Support re #198 MOTION in Limine to Bar Testimony by the Plaintiffs' Proposed Expert Economist John Andrulis, Ph.D. filed by Caterpillar Inc.. (Grunert, John) |
Filing 198 MOTION in Limine to Bar Testimony by the Plaintiffs' Proposed Expert Economist John Andrulis, Ph.D. by Caterpillar Inc..(Grunert, John) |
Filing 197 MOTION in Limine to Exclude Evidence that the Subject Excavator was Unequipped with a Travel Alarm at the Time of It's Initial Sale by Caterpillar Inc..(Grunert, John) |
Filing 196 MEMORANDUM in Support re #195 MOTION in Limine to Exclude Portions of the Fall River Police Reports Related to the Accident filed by Caterpillar Inc.. (Grunert, John) |
Filing 195 MOTION in Limine to Exclude Portions of the Fall River Police Reports Related to the Accident by Caterpillar Inc..(Grunert, John) |
Filing 194 MEMORANDUM in Support re #193 MOTION in Limine to Exclude Portions of OSHA Reprots Related to the Accident filed by Caterpillar Inc.. (Grunert, John) |
Filing 193 MOTION in Limine to Exclude Portions of OSHA Reprots Related to the Accident by Caterpillar Inc..(Grunert, John) |
Filing 192 MEMORANDUM in Support re #191 MOTION in Limine to Sequester Witnesses filed by Caterpillar Inc.. (Grunert, John) |
Filing 191 MOTION in Limine to Sequester Witnesses by Caterpillar Inc..(Grunert, John) |
Filing 190 MOTION in Limine to Prohibit "Golden Rule" Argument by Plaintiffs' Counsel and Retained Experts by Caterpillar Inc..(Grunert, John) |
Filing 189 Plaintiffs' Amended Exhibit List by Carlos Anunciacao.. (Pursley, Thomas) |
Filing 188 NOTICE by Carlos Anunciacao Designation of Deposition Testimony of Dan Wienkes for Admission at Trial (Pursley, Thomas) |
Filing 187 NOTICE by Carlos Anunciacao Designation of Deposition Testimony of Frank McCrackin for Admission at Trial (Pursley, Thomas) |
Filing 186 NOTICE by Carlos Anunciacao Designation of Deposition Testimony of Troy Larson for Admission at Trial (Pursley, Thomas) |
Filing 185 NOTICE by Carlos Anunciacao Designation of Deposition Testimony of Robert Herold for Admission at Trial (Pursley, Thomas) |
Filing 184 Disclosure pursuant to Rule 26 by Caterpillar Inc., Caterpillar Japan, Ltd..(Campbell, Richard) |
Filing 183 Plaintiffs' Exhibit List and Witnesses including Experts List by Carlos Anunciacao.. (Pursley, Thomas) |
Filing 182 Ch. Magistrate Judge Judith G. Dein: ORDER entered. MEMORANDUM OF DECISION AND ORDER denying #171 Caterpillar's Motion for Partial Summary Judgment. (Dambrosio, Jolyne) |
Filing 181 Ch. Magistrate Judge Judith G. Dein: ORDER SETTING CASE FOR TRIAL entered. Final Pretrial Conference set for 11/14/2011 02:30 PM and Jury Trial set for 11/28/2011 09:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein.(Dambrosio, Jolyne) |
ELECTRONIC NOTICE Setting Hearing on #171 Defendant's MOTION for Partial Summary Judgment: Motion Hearing set for 9/20/2011 02:30 PM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
Filing 180 Chief Judge Mark L. Wolf: ORDER entered. ORDER REASSIGNING CASE. Case reassigned to Ch. Magistrate Judge Judith G. Dein for all further proceedings. Chief Judge Mark L. Wolf no longer assigned to case Counsel are directed to the Court's Standing Orders re: Electronic Case Filing.(Hohler, Daniel) |
Filing 179 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Caterpillar Inc... (Grunert, John) |
ELECTRONIC NOTICE Resetting Hearing on Motion #171 MOTION for Partial Summary Judgment on Fewer than All Claims, Statement of Undisputed Facts, and Certificate of Counsel : Motion Hearing set for 9/23/2011 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (Hohler, Daniel) |
ELECTRONIC NOTICE Canceling Hearing. 8/8/2011 trial date is canceled. No new date has been scheduled. (Hohler, Daniel) |
Filing 178 NOTICE by Caterpillar Inc. and Caterpillar Japan, Ltd. Designation of Deposition Testimony of Jack Lyon for Admission at Trial (Grunert, John) |
Filing 177 NOTICE by Caterpillar Inc. and Caterpillar Japan Ltd. Designation of Deposition Testimony of Daniel Bickford for Admission at Trial (Grunert, John) |
Filing 176 PRETRIAL MEMORANDUM by Caterpillar Inc.. (Grunert, John) |
Reset Deadlines Pretrial Memorandum due by 4/22/2011. (Boyce, Kathy) |
Filing 175 Joint MOTION for Extension of Time to May 20, 2011 to File Pre-Trial Memorandum by Caterpillar Inc..(Grunert, John) |
Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #175 Motion for Extension of Time to File only to the extent that the April 10, 2011 deadline is extended until April 22, 2011. (Hohler, Daniel) |
ELECTRONIC NOTICE Canceling a Hearing. Hearing canceled: Pretrial Conference and motion hearing previously set for 4/20/2011 is canceled. No new hearing date has been set.(Hohler, Daniel) |
Filing 174 Statement of Material Facts L.R. 56.1 re #171 MOTION for Partial Summary Judgment on Fewer than All Claims, Statement of Undisputed Facts, and Certificate of Counsel filed by Carlos Anunciacao. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pursley, Thomas) |
Filing 173 MEMORANDUM in Opposition re #171 MOTION for Partial Summary Judgment on Fewer than All Claims, Statement of Undisputed Facts, and Certificate of Counsel filed by Carlos Anunciacao. (Attachments: #1 Exhibit F)(Pursley, Thomas) |
Filing 172 MEMORANDUM in Support re #171 MOTION for Partial Summary Judgment on Fewer than All Claims, Statement of Undisputed Facts, and Certificate of Counsel filed by Caterpillar Inc.. (Grunert, John) |
Filing 171 MOTION for Partial Summary Judgment on Fewer than All Claims, Statement of Undisputed Facts, and Certificate of Counsel by Caterpillar Inc..(Grunert, John) |
Filing 170 STIPULATION of Dismissal of Fewer Than All Claims by Caterpillar Inc.. (Grunert, John) |
Filing 169 STATUS REPORT on Mediation by Caterpillar Inc., Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 168 Chief Judge Mark L. Wolf: ORDER entered.For the reasons stated at the December 9, 2010 conference, itis hereby ORDERED that: 1. This case is STAYED for mediation. 2. By February 11, 2011, the parties shall report to the court regarding the results of the mediation. 3. If the parties do not succeed in settling the case, thedefendants shall submit their Motion for Partial Summary Judgment by March 4, 2011. Plaintiffs shall respond by April 1, 2011. Any reply shall be submitted by April 15, 2011. 4. A hearing on the Motion for Partial Summary Judgment andan initial pre-trial conference shall be held on April 20, 2011, at 3:00 p.m., and must be attended by trial counsel with full settlement authority or with their client(s). The parties shall comply with the attached Order concerning the pretrial conference by April 10, 2010. 5. If necessary, trial shall commence on August 8, 2011 and continue from day to day until concluded. (Attachments: #1 Pretrial Procedural Order) (O'Leary, Dennis) |
Set/Reset Hearings: Jury Trial set for 8/8/2011 09:00 AM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) |
ELECTRONIC Clerk's Notes for proceedings held before Chief Judge Mark L. Wolf: Status Conference held on 12/9/2010. Case stayed pending mediation. A report on the results of mediation is due by 2/11/2011. If the case does not settle, Defendants Motion for Summary Judgment is due by 3/4/2011, Plaintiff's response is due by 4/1/2011, any reply is due by 4/15/2011. A hearing on the Motion for Summary Judgment and Initial Pre-trial Conference will be held on 4/20/2011 at 3:00 PM. Trial is scheduled for 8/8/2011.(Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Sahady, Lynch, Pursley for Plaintiffs and Cambell and Grunert for Defts) (Abaid, Kimberly) |
ELECTRONIC NOTICE OF RESCHEDULING AS TO TIME ONLY. The Status Conference previously set for 12/9/2010 at 2:30 is now set for 12/9/2010 at 3:30 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) |
Filing 167 STATUS REPORT by Caterpillar Inc.. (Grunert, John) |
ELECTRONIC NOTICE OF RESCHEDULING AS TO TIME ONLY. The Status Conference previously set for 12/9/2010 at 4:00 PM is now set for 12/9/2010 02:30 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) |
Discovery having closed on 11/15/10, case no longer referred to Ch. Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
Filing 166 NOTICE of Appearance by Francis J. Lynch, III on behalf of Carlos Anunciacao (Lynch, Francis) |
ELECTRONIC ENDORSEMENT re #163 Status Report filed by Carlos Anunciacao. The stay of this case is hereby lifted. All discovery shall be completed by November 15, 2010. Counsel for the parties shall confer and, by December 3, 2010, file a report as to the prospects for settlement and whether either party feels there is a proper basis for filing a motion for summary judgment. A scheduling conference will be held on December 9, 2010 at 4:00 p.m. and must be attended by trial counsel with full settlement authority or with their client(s). If appropriate, a schedule for filing motions for summary judgment will be established at this conference. (O'Leary, Dennis) |
Set Deadlines/Hearings: Discovery to be completed by 11/15/2010. Status Report due by 12/3/2010. Status Conference set for 12/9/2010 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) |
Filing 165 NOTICE of Appearance by Thomas A. Pursley on behalf of Carlos Anunciacao (Pursley, Thomas) |
Filing 164 STATUS REPORT Defendants' Concurrence in Plaintiffs' Proposed Schedule by Caterpillar Inc., Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 163 STATUS REPORT by Carlos Anunciacao. (Sahady, John) |
Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #162 Motion to Stay. ALLOWED. This case is hereby STAYED until July 13, 2010. The parties' counsel shall, by July 13, 2010, confer and file a status report addressing, among other things, the possibility of settlement and a new schedule if the case is not settled. (O'Leary, Dennis) |
Set/Reset Deadlines: Status Report due by 7/13/2010. (O'Leary, Dennis) |
Filing 162 ASSENTED to MOTION to Stay for 90 days by Carlos Anunciacao.(O'Leary, Dennis) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #161 Joint Motion to Amend Scheduling Order Provision Regarding Depositions of Proposed Trial Experts. (Dambrosio, Jolyne) |
Filing 161 Joint MOTION to Amend #149 Scheduling Order Provision Regarding Conduct of Depositions of Proposed Trial Experts by Caterpillar Inc..(Grunert, John) |
Filing 159 Chief Judge Mark L. Wolf: ORDER entered. For the reasons stated at the February 4, 2010 hearing, it ishereby ORDERED that by February 12, 2010, counsel for plaintiffsshall file a statement with the court identifying the source of thecontingent fee agreement template upon which he based thecontingent fee agreement signed by himself and the plaintiffs inthe instant case.(O'Leary, Dennis) |
Filing 158 DECLARATION of Counsel by Carlos Anunciacao. (Sahady, John) |
Filing 157 NOTICE by Carlos Anunciacao re #153 Memorandum & ORDER, Set Deadlines/Hearings,, (Sahady, John) |
Filing 156 CERTIFICATE OF SERVICE by Alex Lyons & Sons Sales Managers & Auctioneers, Inc. re #155 Stipulation of Dismissal with Prejudice and Without Costs and Release of All Claims. (McElaney, Kevin) |
Filing 155 STIPULATION of Dismissal with Prejudice and Without Costs and Release of All Claims by Alex Lyons & Sons Sales Managers & Auctioneers, Inc.. (McElaney, Kevin) |
Notice of correction to docket made by Court staff. Correction: Settlement Agreement corrected because: Added release of claims to the filing (O'Leary, Dennis) |
Filing 154 SETTLEMENT AGREEMENT by Carlos Anunciacao. (Sahady, John) (Additional attachment(s) added on 2/5/2010: #1 Release of Claims) (O'Leary, Dennis). |
ELECTRONIC NOTICE of Hearing :Settlement Approval Hearing set for 2/4/2010 02:30 PM in Courtroom 10 before Chief Judge Mark L. Wolf. The parties shall file all relevant documents/filings they wish the court to consider by 4:00 PM on 2/1/2010.(O'Leary, Dennis) |
Filing 153 Chief Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. The parties are being ordered to inform the court by February 5, 2010 whether they consent to a transfer of this case to Magistrate Judge Dein for all purposes.( Status Report due by 5/5/2010., Scheduling Conference set for 5/12/2010 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf.) (Attachments: #1 Consent Form)(O'Leary, Dennis) |
Filing 152 Chief Judge Mark L. Wolf: ORDER entered in case 1:07-cv-10904-MLW; granting (6) Motion to Dismiss; adopting Report and Recommendations re (11) Report and Recommendations. in case 1:08-cv-11353-MLW (Attachments: #1 Report and Recommendation) Associated Cases: 1:08-cv-11353-MLW, 1:07-cv-10904-MLW(O'Leary, Dennis) |
Filing 151 Ch. Magistrate Judge Judith G. Dein: ORDER AMENDING PROTECTIVE ORDER entered. (Dambrosio, Jolyne) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #150 Plaintiffs' Assented to Motion to Amend Protective Order. (Dambrosio, Jolyne) |
Filing 150 ASSENTED TO MOTION to Amend Confidentiality Order by Carlos Anunciacao.(Sahady, John) Modified on 12/7/2009 Docket Text to reflect the correct motion type (Boyce, Kathy). (Additional attachment(s) added on 12/7/2009: #1 Proposed Order Amending Confidentiality Order) (Boyce, Kathy). Modified on 12/7/2009 to attach proposed order as a separate attachment (Boyce, Kathy). |
Filing 149 Ch. Magistrate Judge Judith G. Dein: SCHEDULING ORDER entered. Motions for summary judgment re partnership issue due by 11/27/2009; motions re issue of failure to warn due by 5/4/2010. (Dambrosio, Jolyne) |
Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Status Conference held on 10/30/2009. (Court Reporter: DR.)(Attorneys present: Sahady, Grunert, Morrissey, Harvey McElaney) (Quinn, Thomas) |
Filing 148 Recommendations for Scheduling Order. (Sahady, John) Docket Text Modified on 12/10/2009 for the docket to reflect that this document was e-filed in this case by mistake and should have been filed in the related case - CA. 08cv11353-MLW (Boyce, Kathy). |
Filing 147 JOINT STATEMENT re scheduling conference Status Conference Memorandum. (Grunert, John) |
Filing 146 NOTICE by Caterpillar Inc. re #144 Notice (Other) Supplemental Response of Caterpillar Inc. and Caterpillar Japan, Ltd., f/k/a Shin Caterpillar Mitsubishi, Ltd. to Plaintiffs' "Specific Document" Request (Parkerson, Christopher) |
Filing 145 Response by Caterpillar Inc. to #144 Notice (Other) and Caterpillar Japan to Plaintiffs' Specific Document Request. (Grunert, John) |
Filing 144 NOTICE by Carlos Anunciacao re #142 Order on Motion to Compel,,,,,,,,, (Sahady, John) |
Filing 143 Ch. Magistrate Judge Judith G. Dein: ORDER entered granting in part and denying in part #109 Defendants' Motion to Compel Further Response to Request for Admissions. (Dambrosio, Jolyne) |
Filing 142 Ch. Magistrate Judge Judith G. Dein: ORDER entered taking under advisement #109 Motion to Compel; granting in part and denying in part #124 Motion to Compel; granting in part and denying in part #126 Motion to Compel; granting in part and denying in part #128 Motion to Compel; granting in part and denying in part #130 Motion to Compel (Quinn, Thomas) |
Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Motion Hearing held on 7/30/2009 re #109 MOTION to Compel Further Response to Request for Admissions by Caterpillar Japan and filed by Caterpillar Inc., #126 MOTION to Compel filed by Carlos Anunciacao, #130 MOTION to Compel filed by Carlos Anunciacao, #124 MOTION to Compel filed by Carlos Anunciacao, #128 MOTION to Compel filed by Carlos Anunciacao. USMJ Dein hears arguments from counsel, makes rulings and will issue order. (Court Reporter: DR.)(Attorneys present: Sahady, Grunert, McElaney) (Quinn, Thomas) |
Filing 141 Letter/request (non-motion) from John A.K. Grunert. (Grunert, John) |
ELECTRONIC NOTICE of Hearing on #109 Defendants' MOTION to Compel, and #124 , #126 , #128 & #130 Plaintiffs' MOTIONS to Compel: Motion Hearing set for 7/30/2009 03:30 PM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #134 & #136 Motions for Leave to File Excess Pages, (Dambrosio, Jolyne) |
ELECTRONIC NOTICE issued requesting courtesy copy of #135 and #138 - #140 Caterpillar's Oppositions to Motions to Compel. Counsel is requested to submit a courtesy copy of this documents to Judge Dein as soon as possible. These documents must be clearly marked as a Courtesy Copy and reflect the document numbers assigned by CM/ECF. (Dambrosio, Jolyne) |
Filing 140 Opposition re #124 MOTION to Compel Production of Documents filed by Caterpillar Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Grunert, John) |
Filing 139 Opposition re #126 MOTION to Compel Production of Documents filed by Shin Caterpillar Mitsubishi Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Grunert, John) |
Filing 138 Opposition re #130 MOTION to Compel it to Produce Further Witnesses filed by Caterpillar Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Errata 9, #10 Exhibit 10, #11 Exhibit 11)(Grunert, John) |
Filing 137 Opposition re #126 MOTION to Compel, #124 MOTION to Compel Caterpillar Japan and filed by Caterpillar Inc.. (Grunert, John) |
Filing 136 MOTION for Leave to File Excess Pages by Caterpillar Inc..(Grunert, John) |
Filing 135 Opposition re #128 MOTION to Compel to Produce Further Witnesses filed by Shin Caterpillar Mitsubishi Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Errata 5, #6 Errata 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Errata 12)(Grunert, John) |
Filing 134 MOTION for Leave to File Excess Pages Caterpillar Japan f/k/a by Shin Caterpillar Mitsubishi Ltd..(Grunert, John) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #133 Plaintiffs' Motion to Seal Exhibits to #125 & #127 Memoranda in Support of Motions to Compel. (Dambrosio, Jolyne) |
Filing 133 MOTION to Seal Document #125 Memorandum in Support of Motion, #127 Memorandum in Support of Motion by Carlos Anunciacao.(Sahady, John) |
Set/Reset Deadlines as to #128 MOTION to Compel, #124 MOTION to Compel, #126 MOTION to Compel, #130 MOTION to Compel, #109 MOTION to Compel Further Response to Request for Admissions by Caterpillar Japan and. Responses due by 7/6/2009 (Gaudet, Jennifer) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #132 Caterpillar's Assented to Motion for Extension of Time to 7/6/09 to file Oppositions to Motions to Compel. (Dambrosio, Jolyne) |
Filing 132 MOTION for Extension of Time to 7/6/09 to File Oppositions by Caterpillar Japan and by Caterpillar Inc..(Grunert, John) |
ELECTRONIC NOTICE issued requesting courtesy copy of #124 - #131 Plaintiff's Motions to Compel and supporting Memoranda. Counsel who filed these documents is requested to submit a courtesy copy to Magistrate Judge Dein by 6/16/09. These documents must be clearly marked as a Courtesy Copy and reflect the document numbers assigned by CM/ECF. (Dambrosio, Jolyne) |
Filing 131 MEMORANDUM in Support re #130 MOTION to Compel filed by Carlos Anunciacao. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Sahady, John) |
Filing 130 MOTION to Compel by Carlos Anunciacao.(Sahady, John) |
Filing 129 MEMORANDUM in Support re #128 MOTION to Compel filed by Carlos Anunciacao. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Sahady, John) |
Filing 128 MOTION to Compel by Carlos Anunciacao.(Sahady, John) |
Filing 127 MEMORANDUM in Support re #126 MOTION to Compel filed by Carlos Anunciacao. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Sahady, John) |
Filing 126 MOTION to Compel by Carlos Anunciacao.(Sahady, John) |
Filing 125 MEMORANDUM in Support re #124 MOTION to Compel filed by Carlos Anunciacao. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Sahady, John) |
Filing 124 MOTION to Compel by Carlos Anunciacao.(Sahady, John) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #123 Plaintiffs' Motion for Extension of Time. Motions to Compel due by 6/5/2009; oppositions due by 6/26/09. (Dambrosio, Jolyne) |
Filing 123 MOTION for Extension of Time to June 5, 2009 to File Motions to Compel by Carlos Anunciacao.(Sahady, John) |
Set Deadlines: Motions due by 5/22/2009. Opposition due 6/15/2009. (Edge, Eugenia) |
Filing 122 MOTION for Extension of Time to May 22, 2009 to File motions to compel by Carlos Anunciacao.(Sahady, John) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #122 Plaintiffs' Motion for Extension of Time. Motions to Compel due by 5/22/2009; oppositions due by 6/15/09. (Dambrosio, Jolyne) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #121 Motion for Extension of Time. Motions to Compel due by 4/22/2009; oppositions due by 5/13/09. (Dambrosio, Jolyne) |
Filing 121 MOTION for Extension of Time to April 22, 2009 to file Motions to Compel by Carlos Anunciacao.(Sahady, John) |
Filing 120 STATUS REPORT by Carlos Anunciacao. (Sahady, John) |
Filing 119 Letter/request (non-motion). (Sahady, John) |
Filing 118 Ch. Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Motions to Compel due by 4/15/2009; oppositions due by 5/6/09. (Dambrosio, Jolyne) |
Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Status Conference held on 3/23/2009. Counsel report current case status, fact discovery is complete, motions to compel are due 4/15/09 and responses due 5/6/09. (Court Reporter: DR.)(Attorneys present: Sahady, Grunert, McElaney, Morrisey) (Quinn, Thomas) |
Filing 116 MEMORANDUM in Opposition re #109 MOTION to Compel Further Response to Request for Admissions by Caterpillar Japan and filed by Carlos Anunciacao. (Sahady, John) |
Filing 115 Ch. Magistrate Judge Judith G. Dein: ORDER entered denying #113 Caterpillar's Emergency Motion for Protective Order. (Dambrosio, Jolyne) |
Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Motion Hearing held on 3/10/2009 re #113 Emergency MOTION for Protective Order Regarding the Deposition of Troy Larsen filed by Caterpillar Inc. USMJ Dein hears arguments from counsel and denied emergency motion, plaintiff may take deposition of Troy Larsen now or in 2 weeks. (Court Reporter: DR.)(Attorneys present: Sahady and Parkerson) (Quinn, Thomas) |
Filing 114 MEMORANDUM in Opposition re #113 Emergency MOTION for Protective Order Regarding the Deposition of Troy Larsen filed by Carlos Anunciacao. (Sahady, John) |
Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Telephone Conference held on 3/10/2009. USMJ Dein hears from counsel on deposition issue and rules 30(B)(6) witness be sequestered. (Court Reporter: None.)(Attorneys present: John Sahady and Campbell) (Quinn, Thomas) |
Filing 117 MEMORANDUM in Support re #113 Emergency MOTION for Protective Order Regarding the Deposition of Troy Larsen filed by Caterpillar Inc., FILED, c/s. (Memorandum originally e-filed on 3/9/09 however was attached to the Emergency Motion, Document No. 113, as one document and should have been e-filed as a separate document. (Boyce, Kathy) |
Filing 113 Emergency MOTION for Protective Order Regarding the Deposition of Troy Larsen by Caterpillar Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Notice of Taking Deposition, #3 Exhibit 2-Affidavit of Troy Larsen, #4 Exhibit 3- Letter from John M. Sahady dated March 2, 2009)(Parkerson, Christopher) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #112 Assented to Motion for Extension of Time to Complete Depositions. (Dambrosio, Jolyne) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered withdrawing #95 Defendants' Motion to Compel in accordance with Docket No. 111. (Dambrosio, Jolyne) |
Filing 112 Assented to MOTION and Unopposed Motion to Enlarge Period of Time to Complete Depositions of Hillview Equipment & Leasing Company, Inc. and Alex Lyon & Son Sales Managers by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Harvey, James) |
Filing 111 Letter/request (non-motion) from John A.K. Grunert regarding Caterpillar Inc and Caterpillar Japan Ltd., f/k/a Shin Caterpillar Mitsubishi, Ltd to Compel Discovery (Paper 95). (Grunert, John) |
Filing 110 MEMORANDUM in Support re #109 MOTION to Compel Further Response to Request for Admissions by Caterpillar Japan and Caterpillar Inc. filed by Caterpillar Inc.. (Grunert, John) (Additional attachment(s) added on 2/25/2009: #1 Correct Document) (Dambrosio, Jolyne). |
Filing 109 MOTION to Compel Further Response to Request for Admissions by Caterpillar Japan and by Caterpillar Inc..(Grunert, John) |
Filing 108 Plaintiff Letter/request (non-motion). (Attachments: #1 Appendix)(Sahady, John) |
Filing 107 Letter/request (non-motion) from John A.K. Grunert in Response to Notice of Hearing. (Grunert, John) |
ELECTRONIC NOTICE of Hearing on Motion: #95 MOTION to Compel Discovery: Motion Hearing set for 3/5/2009 02:30 PM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. The defendant shall provide the court with copies of the discovery responses served by the plaintiff on 2/3/09. (Dambrosio, Jolyne) |
Filing 106 STIPULATION Regarding Rule 30(b)(6) Deposition of Caterpillar Japan, Ltd. by Caterpillar Japan, Ltd.. (Grunert, John) |
Filing 105 Letter/request (non-motion) from John A.K. Grunert. (Grunert, John) |
Filing 104 Letter/request (non-motion). (Sahady, John) |
Filing 103 Letter/request (non-motion) from John A.K. Grunert. (Grunert, John) |
Filing 102 CERTIFICATE OF SERVICE by Carlos Anunciacao to Caterpillar Inc. and Caterpillar Japan, Ltd.'s Fourth Request for Production of Documents and Tangible Things. (Sahady, John) |
Filing 101 CERTIFICATE OF SERVICE by Carlos Anunciacao to Caterpillar Inc. and Caterpillar Japan, Ltd.'s Third Request for Production of Documents and Tangible Things. (Sahady, John) |
Filing 100 CERTIFICATE OF SERVICE by Carlos Anunciacao to Caterpillar Inc. and Caterpillar Japan Ltd's Second Set of Interrogatories. (Sahady, John) |
Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #99 Motion for Extension of Time to 2/13/09 to Respond to Certain Discovery by Caterpillar Japan, Ltd. and by Caterpillar Inc. (Dambrosio, Jolyne) |
Filing 99 MOTION for Extension of Time to February 13, 2009 to Respond to Certain Discovery by Caterpillar Japan, Ltd. and by Caterpillar Inc..(Grunert, John) |
Filing 98 STIPULATION Enlarging Time to Respond to Interrogatories and Document Requests by Alex Lyons & Sons Sales Managers & Auctioneers, Inc.. (McElaney, Kevin) |
Filing 97 STIPULATION Enlarging Tme to Respond to Interrogatories and Document Requests by Alex Lyons & Sons Sales Managers & Auctioneers, Inc.. (McElaney, Kevin) |
Filing 96 MEMORANDUM in Support re #95 MOTION to Compel Discovery by Caterpillar Japan, Ltd. and filed by Caterpillar Inc.. (Grunert, John) |
Filing 95 MOTION to Compel Discovery by Caterpillar Japan, Ltd. and by Caterpillar Inc..(Grunert, John) |
Filing 94 NOTICE of Appearance by Ernest P. Pettinari on behalf of Hillview Equipment & Leasing Business Trust Company, Inc (Pettinari, Ernest) |
Filing 93 NOTICE by Carlos Anunciacao (Sahady, John) |
Filing 92 Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Status Conference set for 3/23/2009 02:30 PM in Courtroom 15 before Magistrate Judge Judith G. Dein.(Dambrosio, Jolyne) |
Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Status Conference held on 11/17/2008. Counsel report current discovery status and plaintiff seeks to extend deadlines; USMJ Dein will extend written discovery 30 days and other remaining dates 60 days. Counsel shall report on 11/25/08 if they want ADR scheduled through the court. Next conference is set for 3/23/09 @ 2:30pm. (Court Reporter: DR.)(Attorneys present: Grunert, McElaney, Morrissey) (Quinn, Thomas) |
Filing 91 JOINT SUBMISSION pursuant to Local Rule 16.1 Status Conference Memorandum by Caterpillar Inc..(Grunert, John) |
Filing 90 CORPORATE DISCLOSURE STATEMENT by Shin Caterpillar Mitsubishi Ltd.. (Grunert, John) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #89 Motion for Leave to Appear Pro Hac Vice. Added Laurie Styka Bloom for Hillview Equipment & Leasing Company, Inc. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (Dambrosio, Jolyne) |
Filing fee/payment: $ 50.00, receipt number BST006709 for #89 MOTION for Leave to Appear Pro Hac Vice for admission of Laurie Styka Bloom (Russo, Patricia) |
Filing 89 MOTION for Leave to Appear Pro Hac Vice for admission of Laurie Styka Bloom by Hillview Equipment & Leasing Company, Inc. (Attachments: #1 Affidavit of Attorney Bloom)(Morrissey, John) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #88 Defendant's Motion for Extension of Time to 10/15/08 to Respond to Interrogatories and Requests for Production of Documents. (Dambrosio, Jolyne) |
Filing 88 MOTION for Extension of Time to 10/15/08 to Respond to Interrogatories and Requests for Production of Documents by Shin Caterpillar Mitsubishi Ltd..(Grunert, John) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #87 Motion for Extension of Time to 10/8/08 to Respond to Document Requests. (Dambrosio, Jolyne) |
Filing 87 MOTION for Extension of Time to 10/8/08 to Respond to Request for Production of Documents by Caterpillar Inc..(Grunert, John) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #86 Motion for Extension of Time to 10/8/08 to Respond to Interrogatories. (Dambrosio, Jolyne) |
Filing 86 MOTION for Extension of Time to 10/8/08 to Respond to Interrogatories by Caterpillar Inc..(Grunert, John) |
Filing 85 Magistrate Judge Judith G. Dein: ORDER entered. PROTECTIVE ORDER. (Dambrosio, Jolyne) |
Magistrate Judge Judith G. Dein: ORDER entered granting #84 Caterpillar's Assented to Motion for Protective Order. (Dambrosio, Jolyne) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #83 Caterpillar's Motion to Withdraw, and withdrawing #81 Caterpillar's Motion for Protective Order. (Dambrosio, Jolyne) |
Filing 84 Assented to MOTION for Protective Order Substitute Motion for Entry of a Confidentiality Order by Caterpillar Inc..(Grunert, John) |
Filing 83 MOTION to Withdraw #81 MOTION for Protective Order for Entry of a Confidentiality Order by Caterpillar Inc..(Grunert, John) |
Filing 82 MEMORANDUM in Support re #81 MOTION for Protective Order for Entry of a Confidentiality Order filed by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order for Confidentiality Order, Exhibit A, #2 Affidavit of Robert N. Niemeier, Exhibit B, #3 Affidavit of Jon Harrison, Exhibit C)(Grunert, John) |
Filing 81 MOTION for Protective Order for Entry of a Confidentiality Order by Caterpillar Inc..(Grunert, John) |
Filing 80 Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Motions for confidentiality order by 7/23/08; interrogatories and/or requests for productin by 11/30/08; complete fact witness depositions by 1/15/09; plaintiff to serve expert reports by 3/2/09; defendant and third-party defendant to serve expert reports by 4/15/09; depositions of expert witnesses begin on 4/16/09 and must be completed by 6/16/09; dispositive motions due by 7/16/09. Status Conference set for 11/17/2008 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Irwin, Nancy) |
Filing 79 Answer to Alex Lyon & Son's Crossclaims ANSWER to Complaint with Jury Demand by Shin Caterpillar Mitsubishi Ltd..(Grunert, John) |
Filing 78 Answer to Counterclaims of Hillview Equipment & Leasing Co. and Hillview Equipment & Leasing Business Trust ANSWER to Complaint with Jury Demand by Shin Caterpillar Mitsubishi Ltd., Shin Caterpillar Mitsubishi, Ltd..(Grunert, John) |
Filing 77 ANSWER to #70 Answer to Amended Complaint, Crossclaim, CROSSCLAIM against Caterpillar Inc. by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Harvey, James) |
Filing 76 CORPORATE DISCLOSURE STATEMENT by Hillview Equipment & Leasing Company, Inc, Hillview Equipment & Leasing Business Trust Company, Inc. (Morrissey, John) |
Filing 75 Hilview Equipment & Leasing Company, Inc. and Hillview Equipment & Leasing Business Trust ANSWER to #72 Third Party Complaint of Shin Caterpillar Mitsubishi, Ltd, COUNTERCLAIM against Shin Caterpillar Mitsubishi, Ltd. by Hillview Equipment & Leasing Company, Inc, Hillview Equipment & Leasing Business Trust Company, Inc.(Morrissey, John) |
Filing 74 SUMMONS Returned Executed Hillview Equipment & Leasing Company, Inc served on 5/12/2008, answer due 6/2/2008. (Grunert, John) |
Filing 73 SUMMONS Returned Executed Hillview Equipment & Leasing Business Trust Company, Inc served on 5/12/2008, answer due 6/2/2008. (Grunert, John) |
Filing 72 THIRD PARTY COMPLAINT Shin Caterpillar Mitsubishi, Ltd. against Hillview Equipment & Leasing Company, Inc, Hillview Equipment & Leasing Business Trust Company, Inc, filed by Caterpillar Inc..(Parkerson, Christopher) |
Filing 71 CORPORATE DISCLOSURE STATEMENT by Shin Caterpillar Mitsubishi, Ltd.. (Grunert, John) |
Filing 70 Shin Caterpillar Mitsubishi Ltd.'s ANSWER to #31 Amended Complaint, CROSSCLAIM against Alex Lyons & Sons Sales Managers & Auctioneers, Inc. by Shin Caterpillar Mitsubishi, Ltd..(Grunert, John) |
Filing 69 STIPULATION Enlarging Time To Respond To Discovery by Caterpillar Inc.. (Parkerson, Christopher) |
Filing 68 Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Status Conference set for 7/14/2008 02:00 PM in Courtroom 15 before Magistrate Judge Judith G. Dein.(Dambrosio, Jolyne) |
Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Status Conference held on 4/10/2008. Court allows to 4/30/08 for Motion to be filed as to jurisdiction. Re depositions for signifigant witnesses, Court asks parties to consider 10 hours, 4 for person who noticed, 2 for other parties. But if formal ruling required, Court asks parties to file motion. Court to adopt joint status report. Court sets further status for 7/14/08 @ 2:00 PM. (Digital Recording: 2:51-3:13)(Attorneys present: Sahady, Grunert (various)) (Russo, Noreen) |
Filing 67 STATUS REPORT Memorandum by Caterpillar Inc.. (Parkerson, Christopher) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #66 Joint Motion for Extension of Time to Respond to Discovery. (Dambrosio, Jolyne) |
Filing 66 Joint MOTION for Extension of Time to April 18, 2008 to Respond to Discovery by Caterpillar Inc..(Grunert, John) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #65 Joint Motion for Extension of Time to Respond to Discovery. (Dambrosio, Jolyne) |
Filing 65 Joint MOTION for Extension of Time to 4/25/08 to Respond to discovery by Caterpillar Inc..(Grunert, John) |
Filing 64 First NOTICE of Withdrawal of Appearance by James G. Bynoe (Bynoe, James) |
Filing 63 NOTICE of Appearance by Kevin D. McElaney on behalf of Alex Lyons & Sons Sales Managers & Auctioneers, Inc. (McElaney, Kevin) |
Filing 62 NOTICE of Appearance by James E. Harvey on behalf of Alex Lyons & Sons Sales Managers & Auctioneers, Inc. (Harvey, James) |
Filing 61 CORPORATE DISCLOSURE STATEMENT by Hillview Equipment & Leasing Company, Inc. (Lawler, John) |
Filing 60 Caterpillar Inc.'s Answer to Hillview Equipment & Leasing Co., Inc.'s Counterclaims, and Jury Demand ANSWER to #57 Answer to Third Party Complaint, Crossclaim by Caterpillar Inc..(Grunert, John) |
Filing 59 Caterpillar Inc.'s Answer to Hillview Equipment & Leasing Business Trust's Counterclaims, and Jury Demand ANSWER to #54 Answer to Third Party Complaint, Counterclaim by Caterpillar Inc..(Grunert, John) |
Filing 58 Hillview Equipment & Leasing Company, Inc.'s ANSWER to #38 Third Party Complaint, by Hillview Equipment & Leasing Company, Inc.(Lawler, John) |
Filing 57 Hillview Equipment & Leasing Company, Inc.'s ANSWER to #39 Third Party Complaint, Third Party CROSSCLAIM against Caterpillar Inc. by Hillview Equipment & Leasing Company, Inc.(Lawler, John) |
Filing 56 CORPORATE DISCLOSURE STATEMENT by Hillview Equipment & Leasing Business Trust Company, Inc. (Morrissey, John) |
Filing 55 Hillview Equipment & Leasing Business Trust ANSWER to #38 Third Party Complaint,, COUNTERCLAIM against Alex Lyons & Sons Sales Managers & Auctioneers, Inc. by Hillview Equipment & Leasing Business Trust Company, Inc.(Morrissey, John) |
Filing 54 Hillview Equipment & Leasing Business Trust ANSWER to #39 Third Party Complaint, COUNTERCLAIM against Caterpillar Inc. by Hillview Equipment & Leasing Business Trust Company, Inc.(Morrissey, John) |
Filing 53 STIPULATION Enlarging Time to Hillview Equipment & Leasing Business Trust to February 13, 2008 to Answer the Third Party Complaint served by Alex Lyons & Sons Sales Managers & Auctioneers, Inc.. (Bynoe, James) |
Filing 52 STIPULATION Enlarging Time to Hillview Equipment & Leasing Company, Inc. to February 13, 2008 to Answer the Third Party Complaint served by Alex Lyons & Sons Sales Managers & Auctioneers, Inc.. (Bynoe, James) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #51 Motion for Extension of Time to Answer. Hillview Equipment & Leasing Company, Inc. answer due 2/13/2008. (Dambrosio, Jolyne) |
Filing 51 MOTION for Extension of Time to 2/13/2008 to File Answer re #39 Third Party Complaint by Caterpillar Inc..(Grunert, John) Modified on 2/8/2008 (Costello2, Helen). |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #50 Motion for Extension of Time to Answer. Hillview Equipment & Leasing Business Trust Company, Inc. answer due 2/13/2008. (Dambrosio, Jolyne) |
Filing 50 MOTION for Extension of Time to 2/13/08 to File Answer re #39 Third Party Complaint by Caterpillar Inc..(Grunert, John) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #49 Joint Motion to Amend Scheduling Order. Proposed schedule adopted by the court. (Dambrosio, Jolyne) |
Filing 49 Joint MOTION to Amend #24 Scheduling Order by Caterpillar Inc..(Grunert, John) |
Filing 48 SUMMONS Returned Executed Hillview Equipment & Leasing Company, Inc served on 1/15/2008, answer due 2/4/2008. (Bynoe, James) |
Filing 47 SUMMONS Returned Executed Hillview Equipment & Leasing Business Trust Company, Inc served on 1/15/2008, answer due 2/4/2008. (Bynoe, James) |
Filing 46 Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: The parties shall file a First Amended Scheduling Order. Status Conference set for 4/10/2008 02:30 PM in Courtroom 15 before Magistrate Judge Judith G. Dein.(Dambrosio, Jolyne) |
Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Status Conference held on 1/17/2008. Counsel report current case status and seek to extend discovery schedule and further conference for 4/10/08 @ 2:30pm. (Court Reporter: DR.) (Quinn, Thomas) |
ELECTRONIC NOTICE Resetting Hearing (TIME ONLY). The Status Conference scheduled for 1/17/08 is reset to 2:30PM in Courtroom #15 on the 5th Floor. (Dambrosio, Jolyne) |
Filing 45 SUMMONS Returned Executed Hillview Equipment & Leasing Business Trust Company, Inc served on 1/3/2008, answer due 1/23/2008. (Grunert, John) |
Filing 44 SUMMONS Returned Executed Hillview Equipment & Leasing Company, Inc served on 1/3/2008, answer due 1/23/2008. (Grunert, John) |
Filing 43 JOINT STATEMENT of counsel Status Conference Memorandum. (Grunert, John) |
Filing 42 CATERPILLAR INC.'S ANSWER to #40 Answer to Complaint, Crossclaim,, by Caterpillar Inc..(Grunert, John) |
Filing 41 Alex Lyon & Son Sales Managers & Auctioneers, Inc.'s ANSWER to #32 Answer to Complaint, Crossclaim,, Response to Cross Claim filed by Caterpillar, Inc. by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Filing 40 Alex Lyon & Son Sales Managers & Auctioneers, Inc. ANSWER to Complaint with Jury Demand to Plainitff's Third Amended Complaint and, Second CROSSCLAIM against Caterpillar Inc. by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Filing 39 THIRD PARTY COMPLAINT and JURY DEMAND against Hillview Equipment & Leasing Company, Inc and Hillview Equipment & Leasing Business Trust and Hillview Equipment and Leasing Company, Inc., filed by Caterpillar Inc..(Grunert, John) |
Filing 38 First THIRD PARTY COMPLAINT Leave to File GRANTED on December 19, 2007 against Hillview Equipment & Leasing Company, Inc and Hillview Equipment & Leasing Business Trust and Hillview Equipment and Leasing Company, Inc., filed by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #34 & #36 Defendants' Motions for Leave to File Third-Party Complaints. Counsel should now file the documents for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the captions of the documents. (Dambrosio, Jolyne) |
Filing 37 CERTIFICATE OF CONSULTATION re #36 First MOTION for Leave to File third party complaint. (Bynoe, James) |
Filing 36 First MOTION for Leave to File third party complaint by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Filing 35 MEMORANDUM in Support re #34 MOTION for Leave to File Third Party Complaint, and Local Rule 7.1 Certificate of Conference filed by Caterpillar Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Grunert, John) |
Filing 34 MOTION for Leave to File Third Party Complaint, and Local Rule 7.1 Certificate of Conference by Caterpillar Inc..(Grunert, John) |
Filing 33 STIPULATION Enlarging Time to Respond to Discovery by Caterpillar Inc.. (Grunert, John) |
Notice of correction to docket made by Court staff. Correction: Document No. 32, Answer to Third Amended Complaint corrected: to create link between this document and Document No. 31, the Third Party Complaint (Boyce, Kathy) Modified on 11/20/2007 (Boyce, Kathy). |
Filing 32 ANSWER to Complaint with Jury Demand (Third Amended Complaint) #31 , CROSSCLAIM against Alex Lyons & Sons Sales Managers & Auctioneers, Inc. by Caterpillar Inc.(Grunert, John) Modified on 11/20/2007 to create link between this document and document No. 31 |
Filing 31 Third AMENDED COMPLAINT against, Caterpillar, Inc. Shin Caterpillar Mitsubishi, Ltd., filed by Carlos Anunciacao.(Sahady, John) |
Filing 30 CERTIFICATION pursuant to Local Rule 16.1 by Carlos Anunciacao.(Sahady, John) |
Filing 29 First ANSWER to Crossclaim of Caterillar Inc. by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Judge Judith G. Dein : Electronic ORDER entered denying #25 Plaintiffs' Motion to Stay Depositions. In light of the fact that the accident occurred almost two years ago, and it is unclear if or when Shin Caterpillar Mitsubishi Ltd. will be joined as a defendant, there is no compelling reason to delay the depositions. (Dambrosio, Jolyne) |
Judge Judith G. Dein : Electronic ORDER entered granting #27 Plaintiff's Motion to Amend Second Amended Complaint. Counsel should now file the document for which leave to file has been granted in accordance with CM/ECF Administrative Procedures. Counsel must include - Leave to File Granted on [date of order] - in the caption of the document. (Dambrosio, Jolyne) |
Filing 28 Opposition re #25 MOTION to Stay The Depostions of Ronald Santos and Captain Lionel Desrosiers Until Shin Caterpillar Mitsubishi, Ltd., is Made A Party/Defendant filed by Caterpillar Inc.. (Grunert, John) |
Filing 27 MOTION to Amend Second Complaint by Carlos Anunciacao. (Attachments: # 1 Supplement Second Amended Complaint)(Sahady, John) Additional attachment(s) added on 10/29/2007 (Boyce, Kathy). Modified on 10/29/2007 to attach correct attachment (Boyce, Kathy). |
Filing 26 First CERTIFICATION pursuant to Local Rule 16.1 by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Filing 25 MOTION to Stay The Depositions of Ronald Santos and Captain Lionel Desrosiers Until Shin Caterpillar Mitsubishi, Ltd., is Made A Party/Defendant by Carlos Anunciacao.(Sahady, John) Modified on 10/22/2007 to correct typographical error in docket text (Boyce, Kathy). |
Clerk's Notes for proceedings held before Judge Judith G. Dein : Scheduling Conference held on 10/10/2007. Counsel report case type and scope of discovery required; USMJ Dein sets schedule and will issue order. Next conference is set for 1/17/08 @ 3:00pm. (Court Reporter DR.) (Quinn, Thomas) |
Filing 24 Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Status Conference set for 1/17/2008 03:00 PM in Courtroom 15 before Magistrate Judge Judith G. Dein.(Dambrosio, Jolyne) |
Filing 23 ANSWER to Crossclaim and Jury Demand by Caterpillar Inc..(Grunert, John) |
Filing 22 ANSWER to Amended Complaint, CROSSCLAIM and Jury Demand against Alex Lyons & Sons Sales Managers & Auctioneers, Inc. by Caterpillar Inc..(Grunert, John) |
Filing 21 CERTIFICATION pursuant to Local Rule 16.1 (D) by Caterpillar Inc..(Grunert, John) |
Filing 20 Defendant's Alex Lyon & Son ANSWER to Amended Complaint filed by Plaintiff, First CROSSCLAIM against Caterpillar Inc. by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Filing 19 Second AMENDED COMPLAINT against all defendants Leave for Filing Granted on October 2, 2007 by the Court, filed by Carlos Anunciacao.(Sahady, John) |
Judge Judith G. Dein : Electronic ORDER entered granting #18 Motion to Amend the First Amended Complaint. Counsel should now file the document for which leave to file has been granted in accordance with CM/ECF Administrative Procedures. Counsel must include - Leave to File Granted on [date of order] - in the caption of the document. (Dambrosio, Jolyne) |
Filing 18 MOTION to Amend by Carlos Anunciacao. (Attachments: #1 Supplement Anunciacao Second Amended Complaint#2 Supplement Anunciacao Certificate of Service)(Sahady, John) |
Filing 17 Recommendations for Scheduling Order Caterpillar Inc.'s Rule 26(f) Filing. (Grunert, John) |
Filing 16 CORPORATE DISCLOSURE STATEMENT by Alex Lyons & Sons Sales Managers & Auctioneers, Inc.. (Bynoe, James) |
Filing 15 Amended ANSWER to Third Party Complaint of Caterpillar, Inc. by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Judge Judith G. Dein : Electronic ORDER entered granting #14 Motion to Continue. Scheduling Conference reset for 10/10/2007 10:15 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
Filing 14 MOTION to Continue Scheduling Conference to after October 4, 2007 by Carlos Anunciacao. (Attachments: #1 Exhibit Notice from Superior Court)(Sahady, John) |
Filing 13 Third Party Defendant ANSWER to Third Party Complaint of Caterpillar, Inc. by Alex Lyons & Sons Sales Managers & Auctioneers, Inc..(Bynoe, James) |
Filing 12 AFFIDAVIT OF SERVICE Executed by Caterpillar Inc.. Alex Lyons & Sons Sales Managers & Auctioneers, Inc. served on 8/7/2007, answer due 8/27/2007. Acknowledgement filed by Caterpillar Inc.. (Grunert, John) |
Filing 11 NOTICE of Scheduling Conference: Scheduling Conference set for 9/10/2007 03:15 PM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
Filing 10 Judge Mark L. Wolf : ORDER entered. REFERRING CASE to Magistrate Judge Judith G. Dein Referred for: Full pretrial(O'Leary, Dennis) |
Filing 9 CORPORATE DISCLOSURE STATEMENT by Caterpillar Inc.. (Grunert, John) |
Filing 8 Response by Caterpillar Inc. to #6 Memorandum & ORDER,. (Grunert, John) |
Filing 7 Response by Carlos Anunciacao. (Sahady, John) |
Filing 6 Judge Mark L. Wolf : ORDER entered. MEMORANDUM AND ORDER. The parties are being ordered to inform the court by July 26, 2007 whether they consent to a transfer of this case to Magistrate Judge for all purposes. (Attachments: #1)(O'Leary, Dennis) |
Third Party Summons Issued as to Alex Lyons & Sons Sales Managers & Auctioneers, Inc. (Boyce, Kathy) |
Filing 5 THIRD PARTY COMPLAINT against Alex Lyons & Sons Sales Managers & Auctioneers, Inc., filed by Caterpillar Inc.. (Attachments: #1 Third Party Summons)(Grunert, John) |
Filing 4 ANSWER to Amended Complaint and Jury Demand by Caterpillar Inc.(Grunert, John) Modified on 6/18/2007 (Hassett, Kathy). |
Filing 3 SUMMONS Returned Executed Caterpillar Inc. served on 6/4/2007, answer due 6/25/2007. (Boyce, Kathy) |
Filing 2 First AMENDED COMPLAINT against Caterpillar Inc., filed by Carlos Anunciacao.(Sahady, John) |
Filing 1 COMPLAINT AND DEMAND FOR TRIAL BY JURY against Caterpillar Inc., filed by Carlos Anunciacao. (Attachments: #1 Civil Cover Sheet)(Edge, Eugenia) |
ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein (Edge, Eugenia) |
Filing fee: $ 350, receipt number 80077 for #1 Complaint (Edge, Eugenia) |
Summons Issued as to Caterpillar Inc.. (Edge, Eugenia) |
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