N.E. Bridge Contractors, Inc. v. Caterpillar Inc.
| N.E. Bridge Contractors, Inc. |
| Caterpillar Inc., Southworth-Milton, Inc. and Southworth-Milton, Inc. doing business as Milton CAT |
| 4:2019cv12383 |
| November 20, 2019 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on May 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 28 Return receipt received for mail sent to Superior Court Delivered on 4/27/2020 (Burgos, Sandra) |
| Filing 27 Return receipt received for mail sent to Worcester Superior Court Delivered on 4/27/2020. (Burgos, Sandra) |
| Filing 26 District Judge Timothy S. Hillman: ORDER entered. ORDER OF REMAND to the State Court.(Castles, Martin) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 17 NOTICE of Appearance by Brian A. Suslak on behalf of Southworth-Milton, Inc. (Suslak, Brian) |
| Filing 16 ANSWER to #9 Amended Complaint by Southworth-Milton, Inc..(Staar, William) |
| 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) |
| Filing 14 STATE COURT Record. (Parkerson, Christopher) |
| Filing 13 Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by N.E. Bridge Contractors, Inc.. (Almeida, Brian) |
| 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) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Caterpillar Inc..(Falvey, Jeffrey) |
| 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) |
| 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) |
| Filing 8 Certified Copy of Notice of Removal Provided to Defense Counsel by mail. (Burgos, Sandra) |
| 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) |
| Filing 6 Case transferred in from Eastern Division (Boston) on 11/20/2019 Case Number 1:19-cv-12383. (Alba, Robert) |
| Filing 5 Case transferred to Central Division (Worcester). (Burgos, Sandra) |
| Filing 4 NOTICE of Appearance by Christopher B. Parkerson on behalf of Caterpillar Inc. (Parkerson, Christopher) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Caterpillar Inc.. (Falvey, Jeffrey) |
| Filing 2 NOTICE of Appearance by Jeffrey E. Falvey on behalf of Caterpillar Inc. (Falvey, Jeffrey) |
| 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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