Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. v. Caterpillar Inc.
| Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. |
| Caterpillar Inc. and MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT |
| 1:2020cv12908 |
| October 29, 2020 |
| US District Court for the Eastern District of Michigan |
| Thomas L Ludington |
| Patricia T Morris |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Both |
Docket Report
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This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.
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Filing 43
Order of Dismissal With Prejudice per #42 Stipulation. Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 42
STIPULATION of Dismissal by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. (Policastro, Matthew)
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Set Deadlines/Hearings:Closing Documents Submitted to CM/ECF, Utilities, Proposed Orders by 5/27/2022. (KWin)
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Filing 41
ORDER Directing Submission of Closing Documents and Cancelling Settlement Conference. (Closing Documents Submitted to CM/ECF(PACER); Utilities; Proposed Order by 5/6/2022. ) Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 40
NOTICE by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. Notice of Settlement (Policastro, Matthew)
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TEXT-ONLY NOTICE: Settlement Conference on 4/13/2022 is Cancelled; Matter has Resolved. (KWin)
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Filing 39
RE-NOTICE TO APPEAR IN PERSON: IN-PERSON Settlement Conference RE-set for 4/13/2022 at3:00 PM before District Judge Thomas L. Ludington (From 4/6/2022). (KWin)
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Filing 38
ORDER Denying Adjournment of Scheduling Order. Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 37
Order Granting #36 Rule 26 Joint Proposed Discovery Plan. Discovery due by 3/31/2022; Settlement Conference set for 4/6/2022 at 2:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 4/29/2022; Final Pretrial Conference set for 8/16/2022 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 8/30/2022 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin)
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Minute Entry for proceedings before District Judge Thomas L. Ludington: Zoom Meeting Video Settlement Conference held on 8/4/2021. Disposition: No Settlement Reached; Order to be Entered Adjourning Scheduling Order. (Court Reporter: None Present, Not on the Record) (KWin)
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Filing 36
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Policastro, Matthew)
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Filing 35
ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT. (Shreve, Mark)
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Filing 34
NOTICE TO APPEAR BY VIDEO CONFERENCE: Zoom Meeting Video Settlement Conference set for 8/4/2021 at 2:00 PM before District Judge Thomas L. Ludington. Counsel will Receive a Separate Email with Zoom Link. (KWin)
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Filing 33
AMENDED COMPLAINT with Jury Demand filed by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. against MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT. NO NEW PARTIES ADDED. (Attachments: #1 Exhibit A - SALES AGREEMENT) (Policastro, Matthew)[SECOND AMENDED COMPLAINT] Modified on 7/14/2021 (KBro).
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Filing 32
ORDER Granting Plaintiff's #30 Motion for Leave to File a Second Amended Complaint. (Second Amended Complaint to be Filed by 7/21/2021. ) Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 31
RESPONSE to #30 MOTION for Leave to File Second Amended Complaint filed by MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT. (Shreve, Mark)
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Filing 30
MOTION for Leave to File Second Amended Complaint by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc.. (Attachments: #1 Exhibit Second Am Complaint) (Policastro, Matthew)
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Filing 29
OPINION and ORDER Granting Defendant Caterpillar Inc.'s #22 Motion to Dismiss and Dismissing Defendant Caterpillar Inc. Signed by District Judge Thomas L. Ludington. (KWin)
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TEXT-ONLY NOTICE: Motion earing on 5/26/2021 is Cancelled re #22 MOTION to Dismiss Plaintiffs' First Amended Complaint. Opinion on Motion has been Issued. (KWin)
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Filing 28
[REPLY} MEMORANDUM re #22 MOTION to Dismiss Plaintiffs' First Amended Complaint in Support by Caterpillar Inc. (Attachments: #1 Document Continuation Declaration of Kenneth J. Heft) (Hunter, Michael) Modified on 4/14/2021 (KWin).
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Filing 27
ANSWER to Amended Complaint with Affirmative Defenses and Reliance on Jury Demand by MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT. (Shreve, Mark)
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Filing 26
[RESPONSE] MEMORANDUM re #22 MOTION to Dismiss Plaintiffs' First Amended Complaint Plaintiffs' Memorandum in Opposition to Defendant Caterpillar Motion to Dismiss Counts I and II by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. (Attachments: #1 Exhibit Declaration of Randy Gushow, #2 Exhibit A - Michigan Cat Invoice) (Policastro, Matthew) Modified on 3/30/2021 (KWin).
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Filing 25
NOTICE of Appearance by Mark E. Shreve on behalf of MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT. (Shreve, Mark)
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Filing 24
NOTICE OF HEARING on #22 MOTION to Dismiss Plaintiffs' First Amended Complaint. Motion Hearing set for 5/26/2021 at 3:00 PM before District Judge Thomas L. Ludington. (KWin)
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Filing 23
SUPPLEMENTAL BRIEF re #22 MOTION to Dismiss Plaintiffs' First Amended Complaint Brief in Support of Defendant Caterpillar Inc.'s Motion to Dismiss Plaintiffs' First Amended Complaint filed by Caterpillar Inc.. (Attachments: #1 Exhibit Exhibit A) (Hunter, Michael)
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Filing 22
MOTION to Dismiss Plaintiffs' First Amended Complaint by Caterpillar Inc.. (Hunter, Michael)
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Filing 21
CERTIFICATE of Service/Summons Returned Executed. MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT served on 2/25/2021, answer due 3/18/2021. (Policastro, Matthew)
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Filing 20
SUMMONS Issued for *MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT* (TTho)
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Filing 19
AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT. NEW PARTIES ADDED. (Attachments: #1 Exhibit A - 3000 Hour Extended Powertrain & Hydraulic + Technology Warranty Service Agreement) (Policastro, Matthew)
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Filing 18
ORDER Granting Plaintiffs' #17 Motion for Leave to File a First Amended Complaint. (Amended Complaint due by 3/5/2021. ) Signed by District Judge Thomas L. Ludington. (KWin)
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REQUEST for SUMMONS for MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT. (Policastro, Matthew)
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Filing 17
MOTION for Leave to File First Amended Complaint by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc.. (Attachments: #1 Exhibit A) (Policastro, Matthew)
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Filing 16
Order Vacating #13 Order to Show Cause. Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 15
NOTICE of Appearance by Philip T. Carroll on behalf of Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc.. (Carroll, Philip)
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Filing 14
RESPONSE TO ORDER TO SHOW CAUSE by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc.. (Policastro, Matthew)
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Filing 13
ORDER Directing Plaintiffs to Show Cause why Local Rule 83.20 Should not be Enforced. Show Cause Response due by 1/22/2021. Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 12
Case Management and SCHEDULING ORDER. Discovery due by 7/30/2021; Settlement Conference set for 8/4/2021 at 2:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 8/30/2021; Final Pretrial Conference set for 12/15/2021 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 1/11/2022 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin)
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Filing 11
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Hunter, Michael)
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Filing 10
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs identifying Corporate Parent Frankenmuth Mutual Insurance Company for Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc.. (Policastro, Matthew)
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Filing 9
NOTICE of Appearance by Victor T. Van Camp on behalf of Caterpillar Inc.. (Van Camp, Victor)
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Filing 8
ORDER to Submit Material for Case Management Order. (Short Statements Submitted to CM/Utilities/Proposed Orders by 12/18/2020. ) Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 7
ANSWER to Complaint with Affirmative Defenses with Jury Demand by Caterpillar Inc.. (Hunter, Michael)
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Filing 6
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Caterpillar Inc. (Hunter, Michael)
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Filing 5
CERTIFICATE OF SERVICE re #4 Summons Issued by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. Affidavit of Service-Corporate Served (Policastro, Matthew)
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Filing 4
SUMMONS Issued for *Caterpillar Inc.* (NAhm)
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Filing 3
EXHIBIT Civil Cover Sheet re #1 Complaint,, by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. (Policastro, Matthew)
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Filing 2
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. identifying Corporate Parent Frankenmuth Mutual Insurance Company for Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc.. (Policastro, Matthew)
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Filing 1
COMPLAINT filed by All Plaintiffs against Caterpillar Inc. with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8135924 - Fee: $ 400. County of 1st Plaintiff: Saginaw - County Where Action Arose: Bay - County of 1st Defendant: Peoria. [Previously dismissed case: No] [Possible companion case(s): None] (Policastro, Matthew)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (NAhm)
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| Search for this case: Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. v. Caterpillar Inc. | |
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| Defendant: Caterpillar Inc. | |
| Represented By: | Victor T. Van Camp |
| Represented By: | Michael B. Hunter |
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| Defendant: MACALLISTER MACHINERY COMPANY, INC. d/b/a MICHIGAN CAT | |
| Represented By: | Mark E. Shreve |
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| Plaintiff: Frankenmuth Mutual Insurance Company, as subrogee of Anthony Gushow & Sons, Inc., and Anthony Gushow & Sons, Inc. | |
| Represented By: | Matthew F. Policastro |
| Represented By: | Philip T. Carroll |
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