Deblauwe v. Caterpillar Inc.
| Michelle Deblauwe |
| Caterpillar Inc. |
| SC Environmental Services, LLC |
| 1:2021cv11789 |
| August 4, 2021 |
| US District Court for the Eastern District of Michigan |
| Thomas L Ludington |
| Patricia T Morris |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1442 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 72
STIPULATED ORDER Approving Distribution, Authorizing Distribution of Settlement Proceeds and Closing the Case with Prejudice and Without Costs to All Parties. Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 71
ORDER Granting Plaintiff's #68 Motion to Approve Settlement Agreement, Approving Settlement Agreement, and Directing Submission of Closing Documents. (Closing Documents Submitted to CM/ECF; Utilities; Proposed Orders by 9/13/2023.) Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 70
Joint Stipulation and Order to Appoint Guardian Ad Litem. Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 69
ORDER Directing Plaintiff to File Supplemental Briefing re #68 Motion for Disbursement of Funds. (Supplemental Briefing due by 7/28/2023. ) Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 68 MOTION for Disbursement of Funds by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Confidential Settlement & Distribution, #3 Exhibit B - Letter of Authority, #4 Exhibit C - Proposed Order) (Collis, Christian) |
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Filing 67
ORDER Directing Submission of Closing Documents. (Closing Documents Submitted to CM/ECF; Utilities; Proposed Orders by 8/14/2023. ) Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 66
Order Adjourning SCHEDULING ORDER: Dispositive Motion Cut-off set for 7/18/2023; Final Pretrial Conference set for 1/16/2024 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 1/30/2024 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 in-person proceedings before District Judge Thomas L. Ludington: Settlement Conference held on 1/11/2023. Disposition: No Settlement Reached; Facilitation Scheduled; Remaining Dates to be Adjourned by Order. (Court Reporter: None Present, Not on the Record) (KWin) |
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Filing 65
ORDER Granting Defendant's #64 Motion to Allow Remote Settlement Conference Attendance. Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 64 MOTION Stipulated Motion to Allow Remote Settlement Conference Attendance by Caterpillar Inc.. (Hunter, Michael) |
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Filing 63
Order Granting Parties' #61 Joint Motion to Amend Scheduling Order, Granting Plaintiff's #62 Motion to Extend Time for Plaintiff's Expert Disclosures, and Amended Scheduling Order. (Discovery due by 1/3/2023; Settlement Conference set for 1/11/2023 at 4:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 2/3/2023; Final Pretrial Conference set for 6/27/2023 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 7/11/2023 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 62 MOTION for Leave to File Extend Time for Plaintiff's Expert Disclosures by Michelle Deblauwe. (Collis, Christian) |
| Filing 61 Joint MOTION to Amend/Correct #50 Scheduling Order,,, Terminate Motions,, by Michelle Deblauwe. (Collis, Christian) |
| Filing 60 NOTICE by Michelle Deblauwe of withdrawal of #59 Second MOTION to Amend/Correct #50 Scheduling Order,,, Terminate Motions,, . (Collis, Christian) |
| Filing 59 Second MOTION to Amend/Correct #50 Scheduling Order,,, Terminate Motions,, by Michelle Deblauwe. (Collis, Christian) |
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Filing 58
ORDER granting #47 Motion to Compel. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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| Minute Entry for in-person proceedings before Magistrate Judge Patricia T. Morris: Motion Hearing held on 7/6/2022 re #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information filed by Michelle Deblauwe Disposition: Motion granted (Court Reporter: Carol Harrison) (KCas) |
| Filing 57 Joint STATEMENT of of Resolved and Unresolved Issues Regarding Discovery by Michelle Deblauwe (Collis, Christian) |
| Reset Deadlines as to #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information. Statement of Resolved and Unresolved Issues due on or before 6/29/2022; Motion Hearing set for 7/6/2022 01:30 PM before Magistrate Judge Patricia T. Morris (KCas) |
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TEXT-ONLY ORDER granting #55 Motion to Adjourn. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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Filing 56
ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #55 Second MOTION to Adjourn #53 MOTION to Adjourn #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information filed by Michelle Deblauwe filed by Michelle filed by Michelle Deblauwe. Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 55 Second MOTION to Adjourn #53 MOTION to Adjourn #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information filed by Michelle Deblauwe filed by Michelle Deblauwe by All Plaintiffs. (Tyler, B.A.) |
| Filing 54 NOTICE OF IN PERSON HEARING on #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information. Resolved/Unresolved Issues due by 6/22/2022, Motion Hearing set for 6/29/2022 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
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TEXT-ONLY ORDER granting #53 Motion to Adjourn. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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TEXT-ONLY ORDER Correcting Expert Dates in #50 Scheduling Order. (Plaintiff's Expert Disclosure due by 7/1/2022; Defendant's Expert Disclosure due by 7/29/2022. ) Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 53 MOTION to Adjourn #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information filed by Michelle Deblauwe by All Plaintiffs. (Tyler, B.A.) |
| Filing 52 SUR-REPLY re #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information filed by All Plaintiffs. (Tyler, B.A.) |
| Filing 51 RESPONSE to #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information 3111-204868 filed by Caterpillar Inc.. (Hunter, Michael) |
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Filing 50
Amended Scheduling Order Granted #46 Joint Motion to Amend. (Discovery due by 9/1/2022, Settlement Conference set for 9/14/2022 at 3:00 PM before District Judge Thomas L. Ludington, Dispositive Motion Cut-off set for 12/1/2022, Final Pretrial Conference set for 2/21/2023 03:00 PM before District Judge Thomas L. Ludington, Jury Trial set for 3/7/2023 08:30 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 49 NOTICE OF IN PERSON HEARING on #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information. Resolved/Unresolved Issues due by 6/6/2022, Motion Hearing set for 6/13/2022 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
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Filing 48
ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information filed by Michelle Deblauwe. Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 47 MOTION to Compel Depositions of Defendant's Personnel and/or as to Past Employees, to Produce Last Known Contact Information by All Plaintiffs. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit April 1, 2022 Email, #3 Exhibit April 8, 2022 Email, #4 Exhibit April 26, 2022 Email, #5 Exhibit April 28, 2022 Email, #6 Exhibit April 29, 2022 Email) (Tyler, B.A.) |
| Filing 46 Joint MOTION to Amend/Correct Case Management and Scheduling Order by Caterpillar Inc.. (Hunter, Michael) |
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Filing 45
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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Filing 44
ORDER granting in part and denying in part #27 Motion to Compel; granting in part and denying in part #30 Motion for Protective Order. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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| Filing 43 NOTICE of Appearance by Christian P. Collis on behalf of Michelle Deblauwe. (Collis, Christian) |
| Minute Entry for in-person proceedings before Magistrate Judge Patricia T. Morris: Motion Hearing held on 3/28/2022 re #30 MOTION for Protective Order filed by Michelle Deblauwe, #27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY filed by Michelle Deblauwe Disposition: Motion taken under advisement (Court Reporter: Digitally Recorded) (KCas) |
| Filing 42 STATEMENT of Resolved and Unresolved Issues re #30 MOTION for Protective Order by All Plaintiffs (Klakulak, Matthew) |
| Filing 41 STATEMENT of Resolved and Unresolved Issues re #27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY by All Plaintiffs (Klakulak, Matthew) |
| Filing 40 NOTICE OF IN PERSON HEARING on #30 MOTION for Protective Order . Resolved/Unresolved Issues due by 3/21/2022, Motion Hearing set for 3/28/2022 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
| Filing 39 REPLY to Response re #30 MOTION for Protective Order filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Email Enclosing Draft Stipulated Protective Order 2-22-22, #3 Exhibit 2-Michigan CAT and SCE Emails 2-23-22) (Klakulak, Matthew) |
| Filing 38 REPLY to Response re #27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-D3K Track-Type Tractor Specifications, #3 Exhibit 2-The Importance of Competitive Intelligence and Analysis in 2020, Forbes, Jan. 29, 2020, #4 Exhibit 3-Emails re Conferring and Seeking Concurrence) (Klakulak, Matthew) |
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Filing 37
ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #30 MOTION for Protective Order filed by Michelle Deblauwe. Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 36 RESPONSE to #30 MOTION for Protective Order filed by SC Environmental Services, LLC. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Ex 1- Dozer Quote) (Stroud, Ted) |
| Filing 35 ATTORNEY APPEARANCE: Ted W. Stroud appearing on behalf of SC Environmental Services, LLC Non-Party Appearance (Stroud, Ted) |
| Filing 34 RESPONSE to #27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY filed by Caterpillar Inc.. (Attachments: #1 Index of Exhibits) (Hunter, Michael) |
| Filing 33 NOTICE OF IN PERSON HEARING on #27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY. Resolved/Unresolved Issues due by 3/21/2022, Motion Hearing set for 3/28/2022 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
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TEXT-ONLY ORDER granting #32 Motion to Adjourn. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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| Filing 32 MOTION to Adjourn #29 Notice of Hearing on Motion, #27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY filed by Michelle Deblauwe by Michelle Deblauwe. (Tyler, B.A.) |
| Filing 31 CERTIFICATE OF SERVICE re #30 MOTION for Protective Order by All Plaintiffs (Amended to Include Service on Non-Party SC Environmental Services LLC) (Klakulak, Matthew) |
| Filing 30 MOTION for Protective Order by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Counsel Emails re Bulldozer Inspection (12-1-21 through 12-7-21), #3 Exhibit 2-Counsel Emails re Bulldozer Inspection (12-13-21 through 1-24-22), #4 Exhibit 3-Plf 1st RFA, Accompanying Interrogatory and 2nd RFP, #5 Exhibit 4-Counsel Emails re Bulldozer Inspection (2-15-22 through 2-16-22)) (Klakulak, Matthew) |
| Filing 29 NOTICE OF IN PERSON HEARING on #27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY. Resolved/Unresolved Issues due by 3/8/2022, Motion Hearing set for 3/15/2022 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
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Filing 28
ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY filed by Michelle Deblauwe. Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 27 MOTION to Compel DEFENDANTS COMPLETE ANSWERS TO PLAINTIFFS WRITTEN DISCOVERY by Michelle Deblauwe. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Ex 1 Answers of Defendant CAT to Plaintiff's Interrogatories, #3 Exhibit Ex 2 - Emails Between Counsel, #4 Exhibit Ex 3 - Article on Bowie Verdict) (Tyler, B.A.) |
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Filing 26
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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| Minute Entry before Magistrate Judge Patricia T. Morris: Motion Hearing Cancelled (Court Reporter: None Present, Not on the Record) (KCas) |
| Filing 25 ATTORNEY APPEARANCE: Joseph T. Froehlich appearing on behalf of Michigan Occupational Safety and Health Administration (Froehlich, Joseph) |
| Filing 24 NOTICE OF IN PERSON HEARING on #21 MOTION for Order to Show Cause . Resolved/Unresolved Issues due by 1/5/2022, Motion Hearing set for 1/12/2022 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
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Filing 23
ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #21 MOTION for Order to Show Cause filed by Michelle Deblauwe. Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 22
PROTECTIVE ORDER. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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| Filing 21 MOTION for Order to Show Cause by Michelle Deblauwe. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 FOIA Requests, #3 Exhibit 2 MIOSHA Subpoena, #4 Exhibit 3 Emails with MIOSHA re Subpoena, #5 Exhibit 4 MIOSHA Response to Subpeona) (Giroux, Robert) |
| Filing 20 MEMORANDUM Protective Order by Caterpillar Inc. (Hunter, Michael) |
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Filing 19
ORDER granting in part and denying in part #13 Motion for Protective Order. Signed by Magistrate Judge Patricia T. Morris. (KCas)
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| Minute Entry for in-person proceedings before Magistrate Judge Patricia T. Morris: Motion Hearing held on 11/16/2021 re #13 MOTION for Protective Order and Brief in Support filed by Caterpillar Inc. Disposition: Motion granted in part and denied in part (Court Reporter: Digitally Recorded) (KCas) |
| Filing 18 STATEMENT of Resolved and Unresolved Issues re #13 MOTION for Protective Order and Brief in Support by Caterpillar Inc. (Hunter, Michael) |
| Filing 17 RESPONSE to #13 MOTION for Protective Order and Brief in Support filed by Caterpillar Inc.. (Attachments: #1 Exhibit A) (Hunter, Michael) Modified on 10/19/2021 (LHos).[WRONG EVENT SELECTED-DOCUMENT IS A REPLY] |
| Filing 16 NOTICE OF IN PERSON HEARING on #13 MOTION for Protective Order and Brief in Support. Resolved/Unresolved Issues due by 11/9/2021, Motion Hearing set for 11/16/2021 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
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Filing 15
ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #13 MOTION for Protective Order and Brief in Support filed by Caterpillar Inc.. Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 14 RESPONSE to #13 MOTION for Protective Order and Brief in Support filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Joint Proposed Stipulation for Protective Order (Tyler Redline), #3 Exhibit 2-Plf's Alternative Proposed Protective Order, #4 Exhibit 3-Osten, Note, Protective Orders in Products Liability Litigation) (Klakulak, Matthew) |
| Filing 13 MOTION for Protective Order and Brief in Support by Caterpillar Inc.. (Attachments: #1 Exhibit A - [proposed] Protective Order) (Hunter, Michael) |
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Filing 12
Case Management and Scheduling Order. Discovery due by 6/1/2022; Settlement Conference set for 6/8/2022 at 2:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 7/1/2022; Final Pretrial Conference set for 11/15/2022 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 12/6/2022 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) |
| Filing 10 ATTORNEY APPEARANCE: B.A. Tyler appearing on behalf of Michelle Deblauwe (Tyler, B.A.) |
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Filing 9
ORDER to Submit Material for Case Management Order. (Short Statements to be Submitted to CM/Utilities/Proposed Orders by 8/31/2021. ) Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 8 NOTICE of Non-Party Fault by Caterpillar Inc. (Hunter, Michael) |
| Filing 7 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Caterpillar Inc.. (Hunter, Michael) |
| Filing 6 NOTICE of Appearance by Victor T. Van Camp on behalf of Caterpillar Inc.. (Van Camp, Victor) |
| Filing 5 NOTICE of Appearance by Matthew D. Klakulak on behalf of All Plaintiffs. (Klakulak, Matthew) |
| 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 (DPer) |
| Filing 4 NOTICE of Appearance by Michael B. Hunter on behalf of Caterpillar Inc.. (Hunter, Michael) |
| Filing 3 NOTICE by Caterpillar Inc. to Plaintiff of Notice of Removal (Hunter, Michael) |
| Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Caterpillar Inc. (Hunter, Michael) |
| Filing 1 NOTICE OF REMOVAL by Caterpillar Inc. from Midland County, case number 2021-7918-NO-B. Receipt No: AMIEDC-8564135 - Fee: $ 402 [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A- Court File, #2 Exhibit Civil Cover Sheet) (Hunter, Michael) |
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