Humantech, Inc. v. Caterpillar, Inc. et al
Humantech, Inc. |
Neovia Logistics Services, LLC, Caterpillar, Inc., PureWorks, Inc., Caterpillar Logistics, Inc. and Caterpillar Logistics Services, LLC |
2:2011cv14988 |
November 11, 2011 |
US District Court for the Eastern District of Michigan |
Detroit Office |
Washtenaw |
Gershwin A Drain |
Michael J Hluchaniuk |
Copyright |
17 U.S.C. § 101 |
Both |
Docket Report
This docket was last retrieved on March 14, 2014. A more recent docket listing may be available from PACER.
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Filing 126 NOTICE of Voluntary Dismissal by All Plaintiffs Stipulated by all Counsel, with Prejudice (Falkenstein, Peter) |
Filing 125 AMENDED SCHEDULING ORDER. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 124 STIPULATED ORDER STAYING CASE FOR SETTLEMENT PURPOSES Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 123 STIPULATED ORDER DISMISSING WITH PREJUDICE DEFENDANT PUREWORKS, INC. D/B/A PURESAFETY Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 122 Joint MOTION to Dismiss PureWorks, Inc. with Prejudice by All Plaintiffs. (Falkenstein, Peter) |
Filing 121 AMENDED COMPLAINT with Jury Demand Third Amended Complaint filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Falkenstein, Peter) |
Filing 120 ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT [#87]. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
TEXT-ONLY ORDER terminating #89 MOTION to Compel Production of Documents filed by Humantech, Inc., #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories filed by Humantech, Inc. Signed by Magistrate Judge Michael J. Hluchaniuk. (THal) |
Minute Entry for proceedings held before Magistrate Judge Michael J. Hluchaniuk: Telephonic Status Conference held on 1/22/2014. (Tape #FTR - Flint) (THal) |
Filing 119 NOTICE TO APPEAR BY TELEPHONE: Telephonic Conference set for 1/22/2014 02:30 PM before Magistrate Judge Michael J. Hluchaniuk. **Peter Falkenstein is to initiate the conference call.** (THal) |
Filing 118 AMENDED BENCH ORDER rendered at a hearing held on 1/16/2014 re #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories filed by Humantech, Inc., #89 MOTION to Compel Production of Documents filed by Humantech, Inc. Disposition: Plaintiff's motion to compel response to interrogatory (Dkt. 84) and motion to compel the production of documents (Dkt. 89) are GRANTED in part. Plaintiff must modify its discovery requests to limit the scope of the information and documents sought in three ways: (1) the information or documents sought will be identified by the name of the Humantech copyrighted works identified in the currently operative complaint or through the use of key words or phrases selected to identify variations or portions of those Humantech copyrighted works allegedly used by defendants in violation of plaintiff's copyrights; (2) the information or documents sought will be limited to a 24 month period of time to be selected by plaintiff; and (3) the information or documents sought will be limited to those third-party entities that are outside the universe of entities that defendants are entitled to communicate with, through the use of plaintiff's copyrighted materials, involving ergonomics and workplace safety pursuant to agreement with plaintiff. This limitation is without prejudice to plaintiff's ability to seek additional, related discovery based on a showing that the results of this limited production of information indicates further production is likely to produce useful information that is proportional to the litigation. The parties are directed to meet and confer regarding the specific terms of these authorized discovery requests and submit a stipulated version of the requests by January 17, 2014. If the parties cannot agree on those terms, each party is directed to submit their respective versions of the discovery requests that meet the above standards by that same date and the court will enter an order incorporating some or all the terms in an order compelling defendants to provide certain additional discovery. Submitting a proposed discovery request that addresses the above standards does not serve as a waiver of the rights of either side to object to the ruling of the undersigned on these motions. Review of this Order is governed by Federal Rule of Civil Procedure 72 and Local Rule 72.1. (Tape #FTR - Flint) (TEXT-ONLY, NO IMAGE ATTACHED). Signed by Magistrate Judge Michael J. Hluchaniuk. (THal) |
Minute Entry for proceedings held before Magistrate Judge Michael J. Hluchaniuk: Telephonic Hearing held on 1/16/2014 Re: #114 Request filed by Humantech, Inc. Disposition: Amended Bench Order to be issued. (Tape #FTR - Flint) (THal) |
Filing 117 NOTICE TO APPEAR BY TELEPHONE: Telephone Conference re #114 Request set for 1/16/2014 03:00 PM before Magistrate Judge Michael J. Hluchaniuk (THal) |
Filing 116 Emergency MOTION TO EXTEND Discovery Cut-Off and Dispositive Motion Deadline ; to Amend Scheduling Order; and to Shorten Response and Reply Time by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Case docket excerpts, #3 Exhibit 2-Amended Scheduling Order, #4 Exhibit 3-Bench Order dated 01/09/2014) (Falkenstein, Peter) |
Filing 115 REPLY to Response re #87 MOTION for Leave to File Third Amended Complaint filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 3-Bench Order dated 01/09/2014, #3 Exhibit 4-"Cat Cashes in on Six Sigma" Automation World, #4 Exhibit 5-"How Cat Uses 6 Sigma to Execute Strategy" Strategic Finance, #5 Exhibit 6-Caterpillar 6 Sigma presentation, #6 Exhibit 7-Case docket excerpts) (Falkenstein, Peter) |
Filing 114 REQUEST to Magistrate Judge to Clarify and Modify Bench Order (Dkt. 113) by All Plaintiffs. (Falkenstein, Peter) |
Filing 113 BENCH ORDER rendered at a hearing held on 1/8/2014 re #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories filed by Humantech, Inc., #89 MOTION to Compel Production of Documents filed by Humantech, Inc. Disposition: Plaintiff's motion to compel response to interrogatory (Dkt. 84) and motion to compel the production of documents (Dkt. 89) are granted in part. Plaintiff must modify its discovery requests to limit the scope of the information and documents sought in three ways: (1) the information or documents sought will be identified by the name of the training modules identified in the currently operative complaint or through the use of key words or phrases selected to identify variations or portions of those training modules allegedly used by defendants in violation of plaintiff's copyrights; (2) the information or documents sought will be limited to a 24 month period of time to be selected by plaintiff; and (3) the information or documents sought will be limited to those third-party entities that are outside the universe of entities that defendants are entitled to communicate with, through the use of plaintiff's copyrighted materials, involving ergonomics and workplace safety pursuant to agreement with plaintiff. This limitation is without prejudice to plaintiff's ability to seek additional, related discovery based on a showing that the results of this limited production of information indicates further production is likely to produce useful information that is proportional to the litigation. The parties are directed to meet and confer regarding the specific terms of these authorized discovery requests and submit a stipulated version of the requests by January 17, 2014. If the parties cannot agree on those terms, each party is directed to submit their respective versions of the discovery requests that meet the above standards by that same date and the court will enter an order incorporating some or all the terms in an order compelling defendants to provide certain additional discovery. Submitting a proposed discovery request that addresses the above standards does not serve as a waiver of the rights of either side to object to the ruling of the undersigned on these motions. Review of this Order is governed by Federal Rule of Civil Procedure 72 and Local Rule 72.1. (Tape #FTR - Flint) (TEXT-ONLY, NO IMAGE ATTACHED) Signed by Magistrate Judge Michael J. Hluchaniuk. (THal) |
Filing 112 Stipulated ORDER to Strike #109 Reply to Response to Motion filed by Humantech, Inc.. Signed by Magistrate Judge Michael J. Hluchaniuk. (DWor) |
Minute Entry for proceedings held before Magistrate Judge Michael J. Hluchaniuk: Telephonic Motion Hearing held on 1/8/2014 re #89 MOTION to Compel Production of Documents filed by Humantech, Inc., #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories filed by Humantech, Inc. Disposition: Bench order to be issued. (Tape #FTR - Flint) (THal) |
Filing 111 REPLY to Response re #89 MOTION to Compel Production of Documents Corrected Reply filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 5-Caterpillar's 6 SIGMA Presentation) (Falkenstein, Peter) |
Filing 110 ORDER granting #102 Defendants' Motion to Set Aside Court's Order, granting Defendants' Motion to Strike Third Amended Complaint #104 , Striking Amended Complaint #101 and Answer #105 and setting oral argument on Plaintiff's Motion for Leave to file Third Amended Complaint #87 . Signed by District Judge Gershwin A. Drain. (DWor) |
Filing 109 [STRICKEN] REPLY to Response re #89 MOTION to Compel Production of Documents filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 5-Caterpillar's 6 SIGMA Presentation) (Falkenstein, Peter) Modified on 1/9/2014 (DWor). |
Filing 108 STATEMENT of Resolved and Unresolved Issues filed Jointly re #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories, #89 MOTION to Compel Production of Documents by All Plaintiffs (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Pltf's 2nd Set of Ints to Caterpillar Defs, #3 Exhibit 2-Caterpillar Defs' Resp to 2nd Set of Ints, #4 Exhibit 3-Pltf's 2nd Req for Product of Docs, #5 Exhibit 4-Caterpillar Defs' Resp to 2nd Req for Product of Docs) (Falkenstein, Peter) |
Filing 107 AMENDED #98 Reply to Response to Motion, by All Plaintiffs Re-Numbering of Exhibits re Motion to Compel Answers to Plaintiff's Second Set of Interrogatories (Attachments: #1 Index of Exhibits, #2 Exhibit 3-Caterpillar's "Connections" newsletter Oct 2011, #3 Exhibit 4-Miller UK Ltd. v. Caterpillar, Inc.) (Falkenstein, Peter) Modified on 1/2/2014 (PMil).[DOCUMENT TITLED PLAINTIFF'S CORRECTION OF EXHIBIT NUMBERS] |
Filing 106 NOTICE OF HEARING on #104 MOTION to Strike MOTION to Dismiss Certain Defendants' Motion to Strike Or, Alternatively Dismiss, The Amended Claims in Humantech, Inc.'s Third Amended Complaint, #102 MOTION to Set Aside #100 Order on Motion for Leave to File Caterpillar's Motion to Set Aside the Court's Order Granting Plaintiff's Motion for Leave to File Third Amended Complaint. Motion Hearing set for 2/3/2014 10:00 AM before District Judge Gershwin A. Drain (Bankston, T) |
TEXT-ONLY ORDER DEFENDANT'S REPLY BRIEF FOR #87 IS DUE ON 1/13/14. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 105 [STRICKEN] ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Commins, Gregory) Modified on 1/3/2014 (DWor). |
Filing 104 MOTION to Strike , MOTION to Dismiss Certain Defendants' Motion to Strike Or, Alternatively Dismiss, The Amended Claims in Humantech, Inc.'s Third Amended Complaint by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Commins, Gregory) |
Filing 103 RESPONSE to #89 MOTION to Compel Production of Documents filed by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Commins, Gregory) |
Filing 102 MOTION to Set Aside #100 Order on Motion for Leave to File Caterpillar's Motion to Set Aside the Court's Order Granting Plaintiff's Motion for Leave to File Third Amended Complaint by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Commins, Gregory) |
Filing 101 [STRICKEN] AMENDED COMPLAINT with Jury Demand Third Amended Complaint filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Certificate of Electronic Service) (Falkenstein, Peter) Modified on 1/3/2014 (DWor). |
Filing 100 ORDER Granting #87 Plaintiff's Motion for Leave to File Third Amended Complaint. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 99 RESPONSE to #87 MOTION for Leave to File Third Amended Complaint filed by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Commins, Gregory) |
Filing 98 REPLY to Response re #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 5-Caterpillar "Connections" newsletter Oct 2011, #3 Exhibit 6-Miller UK Ltd. v Caterpillar, Inc.) (Falkenstein, Peter) |
Filing 96 WITNESS LIST by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc. (Commins, Gregory) |
Filing 95 Defendant PureWorks, Inc., D/B/A UL PureSafety's WITNESS LIST by PureWorks, Inc. (Zawaski, Tracy) |
Filing 94 WITNESS LIST by All Plaintiffs (McDaniel, David) |
Filing 97 STIPULATED ORDER to Strike and Seal Exhibit 5 From Docket No. #91 Response to Motion filed by Caterpillar Logistics, Inc., Caterpillar, Inc., Caterpillar Logistics Services, LLC and Replace with Docket No. #92 Signed by Magistrate Judge Michael J. Hluchaniuk. (PMil) |
Filing 93 ORDER Setting Hearing on #89 MOTION to Compel Production of Documents : Response due by 12/26/2013. Reply due by 1/2/2014. Resolved/Unresolved Issues due by 1/3/2014. Telephonic Motion Hearing set for 1/8/2014 11:00 AM before Magistrate Judge Michael J. Hluchaniuk. Signed by Magistrate Judge Michael J. Hluchaniuk. (THal) |
Filing 92 EXHIBIT Corrected Exhibit 5 to Caterpillar's Opposition to Plaintiff's Motion to Compel (Dkt. No. 91) re #91 Response to Motion, by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc. (Commins, Gregory) |
Filing 91 [EXHIBIT 5 STRICKEN AND SEALED]RESPONSE to #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories filed by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Commins, Gregory) Modified on 12/17/2013 (PMil). |
Filing 90 ORDER REFERRING MOTION to Magistrate Judge Michael J. Hluchaniuk: #89 MOTION to Compel Production of Documents filed by Humantech, Inc.. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 89 MOTION to Compel Production of Documents by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Pltf's 2nd Reqs for Product of Docs to Caterpillar Defs, #3 Exhibit 2-Caterpillar Defs' Response to 2nd Reqs for Product of Docs, #4 Exhibit 3-"Cat Cashes in on Six Sigma" Automation World 11/1/2003, #5 Exhibit 4-"How Caterpillar Uses 6 Sigma to Execute Strategy" Strategic Finance April 2010) (Falkenstein, Peter) |
Filing 88 NOTICE OF HEARING on #87 MOTION for Leave to File Third Amended Complaint. Motion Hearing set for 2/3/2014 10:00 AM before District Judge Gershwin A. Drain (Bankston, T) |
Filing 87 MOTION for Leave to File Third Amended Complaint by Humantech, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Third Amended Complaint, #3 Exhibit 2-Redline Comparison Third to Second Amended Complaint) (Falkenstein, Peter) |
Filing 86 ORDER Setting Hearing on #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories : Response due by 12/13/2013. Reply due by 12/20/2013. Resolved/Unresolved Issues due by 1/3/2014. Telephonic Motion Hearing set for 1/8/2014 11:00 AM before Magistrate Judge Michael J. Hluchaniuk. Signed by Magistrate Judge Michael J. Hluchaniuk. (THal) |
Filing 85 ORDER REFERRING MOTION to Magistrate Judge Michael J. Hluchaniuk: #84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories filed by Humantech, Inc.. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 84 MOTION to Compel Caterpillar Defendants' Response to Plaintiff's Second Set of Interrogatories by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Pltf's 2nd Set of Ints to Caterpillar Defs, #3 Exhibit 2-Caterpillar Defs' Resp to Pltf's 2nd Set of Ints) (Falkenstein, Peter) |
Filing 83 ANSWER to Amended Complaint with Affirmative Defenses by PureWorks, Inc.. (Durham, Gina) |
Filing 82 ORDER Denying #80 Motion for Extension of Time to Answer. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 81 ANSWER to Amended Complaint with Affirmative Defenses by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Commins, Gregory) |
Filing 80 MOTION for Extension of Time to File Answer re #37 Amended Complaint - Stipulated Motion to Extend Time to Answer, Move, or Otherwise Plead by PureWorks, Inc.. (Zawaski, Tracy) |
Filing 79 ORDER GRANTING STIPULATED MOTION TO EXTEND TIME TO ANSWER, MOVE, OR OTHERWISE PLEAD #76 Motion for Extension of Time to Answer. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 78 STIPULATED ORDER EXTENDING TIME TO ANSWER, MOVE, OR OTHERWISE PLEAD #77 #76 MOTION for Extension of Time to File Answer re #37 Amended Complaint - (Stipulated) PureWorks, Inc. answer due 10/18/2013. Signed by District Judge Gershwin A. Drain. (Bankston, T) |
Filing 77 MOTION for Extension of Time to File Answer Stipulated Motion to Extend Time to Answer, Move, or Otherwise Plead by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Commins, Gregory) |
Filing 76 MOTION for Extension of Time to File Answer re #37 Amended Complaint - (Stipulated) by PureWorks, Inc.. (Zawaski, Tracy) |
Filing 75 ORDER FOR SETTLEMENT CONFERENCE: ( Settlement Conference set for 6/3/2014 10:00 AM before Magistrate Judge Michael J. Hluchaniuk **IN FLINT**). Signed by Magistrate Judge Michael J. Hluchaniuk. (THal) |
TEXT-ONLY NOTICE: Motion Hearing on 9/24/13 is Cancelled (Bankston, T) |
Filing 74 SEALED ORDER signed by District Judge Gershwin A. Drain Denying #46 MOTION to Dismiss Second Amended Complaint, GRANTING IN PART AND DENYING IN PART #54 MOTION to Dismiss Counts VII and VIII of the Second Amended Complaint, DISMISSING COUNT VIII ONLY and CANCELLING September 24, 2013 Hearing and Status Conference. (Grimes, K.) |
Filing 73 ORDER REFERRING OTHER MATTERS to Magistrate Judge Hluchaniuk : Settlement Conference. Settlement Conference to be conducted in June of 2014. Signed by District Judge Gershwin A. Drain. (FMos) |
Filing 72 AMENDED SCHEDULING ORDER: Witness List due by 12/17/2013, Discovery due by 1/28/2014, Dispositive Motion Cut-off set for 2/25/2014, Settlement Conference to be held in June of 2014 before Magistrate Judge Hluchaniuk, Final Pretrial Conference set for 6/24/2014 at 2:00 PM, Jury Trial set for 7/8/2014 at 9:00 AM before District Judge Gershwin A. Drain - Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (FMos) |
Filing 71 NOTICE TO APPEAR: Scheduling Conference set for 9/24/2013 03:00 PM before District Judge Gershwin A. Drain (Bankston, T) |
Filing 70 NOTICE OF HEARING on #46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), #54 MOTION to Dismiss Counts VII and VIII of Plaintiff Humantech, Inc.'s Second Amended Complaint. Motion Hearing RESET for 9/24/2013 03:00 PM before District Judge Gershwin A. Drain (Bankston, T) |
Filing 69 NOTICE OF HEARING on #46 MOTION to Dismiss #54 MOTION to Dismiss Motion Hearing set for 9/10/2013 03:00 PM before District Judge Gershwin A. Drain (CBet) |
Filing 68 ORDER SCHEDULING ORAL ARGUMENTS ON PENDING MOTIONS: re #54 MOTION to Dismiss Counts VII and VIII of Plaintiff Humantech, Inc.'s Second Amended Complaint filed by PureWorks, Inc., #46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Caterpillar Logistics, Inc., Caterpillar, Inc., Caterpillar Logistics Services, LLC. Signed by District Judge Gershwin A. Drain. (CBet) |
Minute Entry for proceedings held before District Judge Gershwin A. Drain: Status Conference held on 7/24/2013 (Bankston, T) |
TEXT-ONLY NOTICE: Motion hearing set for October 16, 2013 before Honorable Paul D. Borman is Cancelled. (DTof) |
Filing 67 NOTICE TO APPEAR : Status Conference set for 7/24/2013 02:00 PM before District Judge Gershwin A. Drain (Bankston, T) |
TEXT-ONLY NOTICE: Status Conference on 6/24/13 is Cancelled re #66 Notice to Appear. (Bankston, T) |
Filing 66 NOTICE TO APPEAR : Status Conference set for 6/24/2013 02:00 PM before District Judge Gershwin A. Drain (Bankston, T) |
Filing 65 ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Paul D. Borman to District Judge Gershwin A. Drain. (SSch) |
Filing 64 REPLY to Response re #54 MOTION to Dismiss Counts VII and VIII of Plaintiff Humantech, Inc.'s Second Amended Complaint - Defendant PureWorks, Inc., D/B/A UL PureSafety's Reply In Support Of Its Motion To Dismiss Counts VII And VIII Of Plaintiff Humantech, Inc.'s Second Amended Complaint (Motion & Memo At DKT. No 54; Opposition At DKT. No. 61) filed by PureWorks, Inc.. (Zawaski, Tracy) |
Filing 63 SEALED REPLY to Response re #46 Motion to Dismiss, Humantech, Inc.'s Second Amended Complaint by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Commins, Gregory) |
Filing 62 STIPULATION AND ORDER extending the briefing schedule re #58 Notice of Hearing on Motion, Signed by District Judge Paul D. Borman. (DGoo) |
Filing 61 [DOCUMENT IS SEALED] RESPONSE to #54 MOTION to Dismiss Counts VII and VIII of Plaintiff Humantech, Inc.'s Second Amended Complaint Memorandum of Law in Opposition filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Second Amended Complaint, #3 Exhibit 2-PureSafety Memo of May 2011, #4 Exhibit 3-Opinion and Order re Caterpillars' Motion to Dismiss, #5 Exhibit 4-Limited License, #6 Exhibit 5-Master Services Agreement) (Falkenstein, Peter) Modified on 3/29/2013 (DWor). |
Filing 60 [DOCUMENT IS SEALED] RESPONSE to #46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Response in Opposition to Caterpillar's Motion to Dismiss Second Amended Complaint filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Second Amended Complaint, #3 Exhibit 2-Order re Defs' Motion to Dismiss [FIRST NOT] Second Amended Complaint, #4 Exhibit 3-Comparison of First Amended Complaint and Second Amended Complaint, #5 Exhibit 4-Limited License Agreement, #6 Exhibit 5-Master Services Agreement) (Falkenstein, Peter) Modified on 3/21/2013 (TMcg). Modified on 3/29/2013 (DWor). |
Filing 59 NOTICE of Appearance by Gina L. Durham on behalf of PureWorks, Inc.. (Durham, Gina) |
Filing 58 NOTICE OF HEARING on #54 MOTION to Dismiss Counts VII and VIII of Plaintiff Humantech, Inc.'s Second Amended Complaint. Responses due by 3/21/2013 Replies due by 4/18/2013 Motion Hearing set for 10/17/2013 02:00 PM before District Judge Paul D. Borman (DGoo) |
Set/Reset Deadlines as to #46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Motion Hearing RESCHEDULED TO 10/16/2013 03:00 PM before District Judge Paul D. Borman (DGoo) |
CORRECTION: as to #54 MOTION to Dismiss Counts VII and VIII of Plaintiff Humantech, Inc.'s Second Amended Complaint. Responses due by 3/29/2013 Replies due by 4/12/2013 Motion Hearing set for 10/16/2013 03:00 PM before District Judge Paul D. Borman (DGoo) |
Filing 57 STIPULATION AND ORDER staying case pending determination of motions to dismiss the Second Amended Complaint. Signed by District Judge Paul D. Borman. (DGoo) |
Filing 56 STIPULATION AND ORDER extending briefing scheduled as to #46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) :( Responses due by 3/21/2013, Replies due by 4/8/2013) Signed by District Judge Paul D. Borman. (DGoo) |
CORRECTED #46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Responses due by 3/21/2013 Replies due by 4/18/2013 (DGoo) |
Filing 55 NOTICE of Appearance by John M. Nading on behalf of PureWorks, Inc.. (Nading, John) |
Filing 54 MOTION to Dismiss Counts VII and VIII of Plaintiff Humantech, Inc.'s Second Amended Complaint by PureWorks, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Copies of Copyright Registration Nos. TX 4-017-278, TX 3-611-466, TX 4-722-140, TX 4-730-292 and TX 4-736-976, #3 Exhibit B - - Copy of Copyright Registration No. VA 1-776-250) (Zawaski, Tracy) |
Minute Entry - Telephone Conference regarding #39 Motion held on 2/27/2013 before Magistrate Judge Michael J. Hluchaniuk. Disposition: Motion to be withdrawn. (Tape #FTR - Flint) (THal) |
Filing 53 NOTICE by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc. of withdrawal of #39 MOTION Certain Defendants' Partially Unopposed Motion for Extension of Time . (Commins, Gregory) |
Filing 52 STATEMENT of - Defendant's Rule 7.1 Corporate Disclosure Statement - by PureWorks, Inc. (Zawaski, Tracy) |
Filing 51 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by PureWorks, Inc. (Zawaski, Tracy) |
Filing 50 STIPULATED ORDER granting #45 Motion for Extension of Time to Answer re #37 Amended Complaint TO 3/5/13 for Defendants.. Signed by District Judge Paul D. Borman. (DGoo) |
Filing 49 NOTICE TO APPEAR BY TELEPHONE: Status Conference re #39 Certain Defendants' Partially Unopposed Motion for Extension of Time set for 2/27/2013 09:00 AM before Magistrate Judge Michael J. Hluchaniuk. **The Court will initiate the call**. (THal) |
Filing 48 NOTICE of hearing on #46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Responses due by 3/14/2013 Replies due by 4/11/2013 Motion Hearing set for 10/17/2013 02:00 PM before District Judge Paul D. Borman (DGoo) |
Filing 47 SEALED Memorandum In Support of Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint re #46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9) (Commins, Gregory) |
Filing 46 MOTION to Dismiss Certain Defendants' Motion to Dismiss Humantech, Inc.'s Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Commins, Gregory) |
Filing 45 Joint MOTION for Extension of Time to File Answer re #37 Amended Complaint by Humantech, Inc., PureWorks, Inc.. (Zawaski, Tracy) |
Filing 44 ATTORNEY APPEARANCE: Tracy L. Zawaski appearing on behalf of PureWorks, Inc. (Zawaski, Tracy) |
Filing 43 NOTICE of Appearance by Tracy L. Zawaski on behalf of PureWorks, Inc.. (Zawaski, Tracy) |
Filing 42 ORDER REFERRING MOTION to Magistrate Judge Michael J. Hluchaniuk: #39 MOTION Certain Defendants' Partially Unopposed Motion for Extension of Time filed by Caterpillar Logistics, Inc., Caterpillar, Inc., Caterpillar Logistics Services, LLC. Signed by District Judge Paul D. Borman. (DGoo) |
Filing 41 RESPONSE to #39 MOTION Certain Defendants' Partially Unopposed Motion for Extension of Time filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Email of D. McDaniel dated 1/28/2013, #3 Exhibit 2-Email of D. McDaniel dated 1/31/2013) (Falkenstein, Peter) |
Filing 40 CERTIFICATE of Service/Summons Returned Executed. PureWorks, Inc. served on 1/29/2013, answer due 2/19/2013. (Falkenstein, Peter) |
Filing 39 MOTION Certain Defendants' Partially Unopposed Motion for Extension of Time by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Commins, Gregory) |
Filing 38 SUMMONS Issued for *PureWorks, Inc.* (DPer) |
Filing 37 AMENDED COMPLAINT with Jury Demand (Second Amended Complaint) filed by Humantech, Inc. against All Defendants. NEW PARTIES ADDED. (Falkenstein, Peter) |
REQUEST for SUMMONS for PureWorks, Inc.. (Falkenstein, Peter) |
Filing 36 ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Robert H. Cleland to District Judge Paul D. Borman. (SSch) |
Filing 35 STIPULATED SCHEDULING ORDER, ( Discovery due by 5/7/2013, Dispositive Motion Cut-off set for 8/23/2013, Final Pretrial Conference set for 9/30/2013 02:00 PM before District Judge Robert H. Cleland, Jury Trial set for 10/15/2013 09:00 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag) |
Filing 34 ORDER granting #29 Plaintiff's Motion to Dismiss Defendant's Counter-Claim. Signed by District Judge Robert H. Cleland. (LWag) |
TEXT-ONLY NOTICE: Hearing on 12/5/12 is Cancelled re #31 Notice of Hearing on Motion (LWag) |
Filing 33 REPLY to Response re #29 MOTION to Dismiss Defendants' Counterclaims Pursuant to Fed. R. Civ. P. 12(B)(6) filed by Humantech, Inc.. (Falkenstein, Peter) |
Filing 32 RESPONSE to #29 MOTION to Dismiss Defendants' Counterclaims Pursuant to Fed. R. Civ. P. 12(B)(6) filed by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Busen, Carey) |
Filing 31 NOTICE of hearing on #29 MOTION to Dismiss Defendants' Counterclaims Pursuant to Fed. R. Civ. P. 12(B)(6). Motion Hearing set for 12/5/2012 02:00 PM before District Judge Robert H. Cleland (LWag) |
Filing 30 [FILING ERROR - Document is a BRIEF] SEALED MOTION Dismissal re #29 MOTION to Dismiss Defendants' Counterclaims Pursuant to Fed. R. Civ. P. 12(B)(6) and Brief in Support by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Humantech Ergonomics Manuals for Manufacturing, #3 Exhibit 2 Master Agreement for Ergonomic Services) (McDaniel, David) Modified on 11/2/2012 (DWor). |
Filing 29 MOTION to Dismiss Defendants' Counterclaims Pursuant to Fed. R. Civ. P. 12(B)(6) by All Plaintiffs. (McDaniel, David) |
Filing 28 Stipulation and Order Amending Case Caption. Signed by District Judge Robert H. Cleland. (DWor) |
Filing 27 STIPULATED ORDER Regarding Discovery of ESI Signed by District Judge Robert H. Cleland. (LWag) |
Filing 26 STIPULATED PROTECTIVE ORDER Signed by District Judge Robert H. Cleland. (LWag) |
Minute Entry - Scheduling Conference held on 9/24/2012 before District Judge Robert H. Cleland. Disposition: Parties to submit a proposed discovery schedule by 10/3/2012 for the court's review. (LWag) |
Filing 25 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Caterpillar Logistics Services, LLC (Van Camp, Victor) Modified on 9/21/2012 (SSch). [DOCMENT FILED BY NEOVIA LOGISTICS SERVICES, LLC FKA CATERPILLAR LOGISTICS SERIVES, LLC] |
Filing 24 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand , COUNTERCLAIM filed by All Defendants against Humantech, Inc. by All Defendants. (Van Camp, Victor) |
Filing 23 NOTICE TO APPEAR: Scheduling Conference set for 9/24/2012 11:30 AM before District Judge Robert H. Cleland (LWag) |
Filing 22 OPINION AND ORDER granting in part and denying in part #12 Motion to Dismiss. Signed by District Judge Robert H. Cleland. (LWag) |
TEXT-ONLY NOTICE: Hearing on 5/23/12 is Cancelled re #17 Notice of Hearing on Motion, (Motion to be decided on the briefs) (LWag) |
Filing 21 SEALED REPLY to Response re #12 Motion to Dismiss Humantech, Inc.'s First Amended Complaint by All Defendants. (Van Camp, Victor) |
Filing 20 ATTORNEY APPEARANCE: Carey Schneeweiss Busen - NOT SWORN appearing on behalf of Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc. (Busen - NOT SWORN, Carey) |
Filing 19 ATTORNEY APPEARANCE: Gregory James Commins - NOT SWORN appearing on behalf of Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc. (Commins - NOT SWORN, Gregory) |
Filing 18 SEALED RESPONSE re #12 Motion to Dismiss Plaintiff's Memorandum Of Law In Opposition To Defendants' Motion To Dismiss The Amended Complaint by Humantech, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Plaintiff's First Amended Complaint And Jury Demand, #3 Document Continuation Certificate of Service) (Falkenstein, Peter) |
Filing 17 NOTICE of hearing on #12 MOTION to Dismiss Humantech, Inc.'s First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Motion Hearing set for 5/23/2012 02:00 PM before District Judge Robert H. Cleland (Bankston, T) |
Filing 16 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Caterpillar, Inc. (Van Camp, Victor) |
Filing 15 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Caterpillar Logistics, Inc. identifying Corporate Parent Caterpillar Inc. for Caterpillar Logistics, Inc.. (Van Camp, Victor) |
Filing 14 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Caterpillar Logistics Services, LLC identifying Corporate Parent Caterpillar Inc. for Caterpillar Logistics Services, LLC. (Van Camp, Victor) |
Filing 13 SEALED Memorandum in Support of Motion and Exhibits re #12 MOTION to Dismiss Humantech, Inc.'s First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2) (Van Camp, Victor) |
Filing 12 MOTION to Dismiss Humantech, Inc.'s First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc.. (Van Camp, Victor) |
Filing 11 STIPULATED ORDER Granting Leave to file Exhibits 1 and 2 and Memorandum In Support to Defendants' Motion to Dismiss the Amended Complaint Under Seal. Signed by District Judge Robert H. Cleland. (LWag) |
Filing 10 ATTORNEY APPEARANCE: Victor T. Van Camp appearing on behalf of Caterpillar Logistics Services, LLC, Caterpillar Logistics, Inc., Caterpillar, Inc. (Van Camp, Victor) |
Filing 9 NOTICE of Appearance by David S. McDaniel on behalf of Humantech, Inc.. (McDaniel, David) |
Filing 8 CERTIFICATE of Service/Summons Returned Executed. Caterpillar Logistics Services, LLC served on 2/29/2012, answer due 3/21/2012. (Falkenstein, Peter) |
Filing 7 CERTIFICATE of Service/Summons Returned Executed. Caterpillar Logistics, Inc. served on 2/29/2012, answer due 3/21/2012. (Falkenstein, Peter) |
Filing 6 CERTIFICATE of Service/Summons Returned Executed. Caterpillar, Inc. served on 2/29/2012, answer due 3/21/2012. (Falkenstein, Peter) |
Filing 5 Copyright Report Sent To Washington (Falkenstein, Peter) |
Filing 4 AMENDED COMPLAINT with Jury Demand (First Amended) filed by Humantech, Inc. against All Defendants. NO NEW PARTIES ADDED. (Falkenstein, Peter) |
Filing 3 SUMMONS Issued for * All Defendants * (KKra) |
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 (KKra) |
Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Humantech, Inc. (Falkenstein, Peter) |
Filing 1 COMPLAINT filed by Humantech, Inc. against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-3253532 - Fee: $ 350. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Falkenstein, Peter) |
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