N.E. Bridge Contractors, Inc. v. Caterpillar Inc.
Plaintiff: N.E. Bridge Contractors, Inc.
Defendant: Caterpillar Inc., Southworth-Milton, Inc. and Southworth-Milton, Inc. doing business as Milton CAT
Case Number: 4:2019cv12383
Filed: November 20, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Timothy S Hillman
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2020 Filing 28 Return receipt received for mail sent to Superior Court Delivered on 4/27/2020 (Burgos, Sandra)
April 29, 2020 Filing 27 Return receipt received for mail sent to Worcester Superior Court Delivered on 4/27/2020. (Burgos, Sandra)
April 21, 2020 Filing 26 District Judge Timothy S. Hillman: ORDER entered. ORDER OF REMAND to the State Court.(Castles, Martin)
April 21, 2020 Filing 25 District Judge Timothy S. Hillman: ORDER entered. MEMORANDUM AND ORDER. Because this Court lacks diversity jurisdiction under 28 U.S.C. 1332, this Court REMANDS this case to the Worcester County Superior Court for all further proceedings.(Castles, Martin)
March 31, 2020 Filing 24 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 3/31/2020 re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caterpillar Inc., Case called, Counsel appear by telephone for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #11 Motion to Dismiss for Failure to State a Claim; Court does not hold scheduling conference at this time, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: B. Almeida/Parkerson/Suslak) (Castles, Martin)
March 24, 2020 Filing 23 District Judge Timothy S. Hillman: ORDER entered. The Motion Hearing set for 3/31/20 will be held by telephone. The call in number is 888-675-2535 - access code 9932461.(Castles, Martin)
March 9, 2020 Filing 22 NOTICE of Scheduling Conference. Scheduling Conference set for 3/31/2020 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin)
February 12, 2020 Filing 21 ELECTRONIC NOTICE Setting Hearing on Motion #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 3/31/2020 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin)
January 27, 2020 Filing 20 REPLY to Response to #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Filing Per District Judge Timothy S. Hillman's Electronic Order 19 Jan. 24, 2020 - Defendant Caterpillar Inc.'s Reply Brief in Response to Plt's Opposition to Caterpillar Inc.'s MTD filed by Caterpillar Inc.. (Falvey, Jeffrey)
January 24, 2020 Filing 19 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #18 Motion for Leave to File reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin)
January 3, 2020 Filing 18 MOTION for Leave to File Reply Brief in Response to Plt's Opposition to Caterpillar Inc.'s Motion to Dismiss by Caterpillar Inc.. (Attachments: #1 Exhibit A - Def Caterpillar Inc.'s Reply Brief in Resp to Plt's Opp to Caterpillar Inc.'s MTD)(Falvey, Jeffrey)
December 30, 2019 Filing 17 NOTICE of Appearance by Brian A. Suslak on behalf of Southworth-Milton, Inc. (Suslak, Brian)
December 30, 2019 Filing 16 ANSWER to #9 Amended Complaint by Southworth-Milton, Inc..(Staar, William)
December 27, 2019 Filing 15 Notice of Service of Process filed by N.E. Bridge Contractors, Inc.., AFFIDAVIT OF SERVICE Executed by N.E. Bridge Contractors, Inc.. Southworth-Milton, Inc. served on 12/9/2019, answer due 12/30/2019. Acknowledgement filed by N.E. Bridge Contractors, Inc.. (Almeida, Brian)
December 16, 2019 Filing 14 STATE COURT Record. (Parkerson, Christopher)
December 5, 2019 Filing 13 Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by N.E. Bridge Contractors, Inc.. (Almeida, Brian)
November 27, 2019 Filing 12 MEMORANDUM in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caterpillar Inc.. (Attachments: #1 Exhibit 1 - Caterpillar SIMSi.customernameaddress, #2 Exhibit 2 - 2019.09.26 Complaint, #3 Exhibit 3 - in re Caterpillar Operative Complaint, #4 Exhibit 4 - In re Caterpillar Preliminary Approval Order, #5 Exhibit 5 - In re Caterpillar Final Approval Order, #6 Exhibit 6 - 2019.11.26 FED Charles Marr Affidavit)(Falvey, Jeffrey)
November 27, 2019 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Caterpillar Inc..(Falvey, Jeffrey)
November 22, 2019 Filing 10 Summons Issued as to Southworth-Milton, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry)
November 21, 2019 Filing 9 AMENDED COMPLAINT against 3.Southworth-Milton, Inc., d/b/a Milton CAT and against Caterpillar Inc., filed by N.E. Bridge Contractors, Inc..(Almeida, Brian)
November 20, 2019 Filing 8 Certified Copy of Notice of Removal Provided to Defense Counsel by mail. (Burgos, Sandra)
November 20, 2019 Filing 7 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman 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 Chief Magistrate Judge David H. Hennessy. (Alba, Robert)
November 20, 2019 Filing 6 Case transferred in from Eastern Division (Boston) on 11/20/2019 Case Number 1:19-cv-12383. (Alba, Robert)
November 20, 2019 Filing 5 Case transferred to Central Division (Worcester). (Burgos, Sandra)
November 20, 2019 Filing 4 NOTICE of Appearance by Christopher B. Parkerson on behalf of Caterpillar Inc. (Parkerson, Christopher)
November 20, 2019 Filing 3 CORPORATE DISCLOSURE STATEMENT by Caterpillar Inc.. (Falvey, Jeffrey)
November 20, 2019 Filing 2 NOTICE of Appearance by Jeffrey E. Falvey on behalf of Caterpillar Inc. (Falvey, Jeffrey)
November 20, 2019 Filing 1 NOTICE OF REMOVAL by Caterpillar Inc. ( Filing fee: $ 400, receipt number 0101-7979831 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit A-Complaint, #4 Exhibit B-Business Records, #5 Exhibit C-Civil Cover; Summons; Return; Stip to Ext Time to Resp)(Falvey, Jeffrey)

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Defendant: Caterpillar Inc.
Represented By: Jeffrey E. Falvey
Represented By: Christopher B. Parkerson
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Defendant: Southworth-Milton, Inc.
Represented By: Brian A. Suslak
Represented By: William A. Staar
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Defendant: Southworth-Milton, Inc. doing business as Milton CAT
Represented By: Brian A. Suslak
Represented By: William A. Staar
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Plaintiff: N.E. Bridge Contractors, Inc.
Represented By: Alan B. Almeida
Represented By: Brian C. Almeida
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