Lancaster v. Caterpillar, Inc.
| Robert Lancaster |
| Caterpillar, Inc. |
| 4:2019cv02926 |
| October 28, 2019 |
| US District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Ronnie L White |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.
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Filing 68
JUDGMENT : IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Caterpillar, Inc. shall have summary judgment on all counts against it. Judgment is entered in favor of Defendant Caterpillar, Inc. on all counts and against Plaintiff Robert Lancaster on all counts. Signed by District Judge Matthew T. Schelp on 09/22/2021. (KCD)
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Filing 67
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Court's Order denying reconsideration, Doc. #51 , is VACATED. IT IS FURTHER ORDERED that the Motion for Reconsideration, Doc. #47 , is GRANTED. The Court's Memorandum and Order dated March 31, 2021, Doc. #46 , is amended as detailed in this Memorandum and Order. Signed by District Judge Matthew T. Schelp on 09/22/2021. (KCD)
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Filing 66
Docket Text ORDER: IT IS HEREBY ORDERED that the order scheduling the jury trial set for October 4, 2021 and pretrial conference set for September 21, 2021 at 1:00 p.m., Doc. #53 , is vacated pending further order of Court. Signed by District Judge Matthew T. Schelp on 09/21/2021. (KCD)
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| Filing 65 NOTICE by Defendant Caterpillar, Inc. CERTIFICATE OF COMPLIANCE WITH 490.692, RSMo (Hunter, Michael) |
| Filing 64 Exhibit List by Defendant Caterpillar, Inc. as to Trial. (Hunter, Michael) Modified on 9/15/2021 (BRP). |
| Filing 63 Stipulation of Uncontested Facts by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 62 Proposed Jury Instructions by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 61 Deposition List by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 60 WITNESS LIST by Defendant Caterpillar, Inc. as to Trial. (Hunter, Michael) Modified on 9/15/2021 (BRP). |
| Filing 59 TRIAL BRIEF by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 58 Exhibit List by Plaintiff Robert Lancaster. (Stewart, George) |
| Filing 57 Deposition List by Plaintiff Robert Lancaster. (Stewart, George) |
| Filing 56 TRIAL BRIEF by Plaintiff Robert Lancaster. (Stewart, George) |
| Filing 55 WITNESS LIST by Plaintiff Robert Lancaster. (Stewart, George) |
| Filing 54 Proposed Jury Instructions by Plaintiff Robert Lancaster. (Stewart, George) |
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Filing 53
ORDER : IT IS HEREBY ORDERED that the order setting this matter for a JURY trial on Monday, August 9, 2021 at 9:00 a.m. and final pretrial conference on Thursday, July 22, 2021 at 1:00 p.m. is hereby VACATED. The JURY trial is reset for Monday, October 4, 2021 at 8:30 a.m. in Courtroom 14-South and a final pretrial conference is reset for Tuesday, September 21, 2021 at 1:00 p.m. in Courtroom 14-South. [SEE ORDER FOR COMPLETE DETAILS]. ( Jury Trial set for 10/4/2021 08:30 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Motion in Limine due by 9/24/2021. Pretrial Compliance due by 9/14/2021.) Signed by District Judge Matthew T. Schelp on 07/13/2021. (KCD)
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Filing 52
ORDER : IT IS HEREBY ORDERED that this case, currently set for a JURY trial on Monday, June 14, 2021 at 9:00 a.m. and a final pretrial conference on Wednesday, June 2, 2021 at 10:00 a.m., is hereby reset for a JURY trial on Monday, August 9, 2021 at 9:00 a.m. in Courtroom 14-South and a final pretrial conference on Thursday, July 22, 2021 at 1:00 p.m. in Courtroom 14-South. [SEE ORDER FOR COMPLETE DETAILS]( Jury Trial set for 8/9/2021 09:00 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Motion in Limine due by 7/30/2021. Pretrial Conference set for 7/22/2021 01:00 PM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Pretrial Compliance due by 7/20/2021.) Signed by District Judge Matthew T. Schelp on 05/18/2021. (KCD)
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Filing 51
ORDER: IT IS HEREBY ORDERED that Defendant's Motion for Reconsideration, Doc. #47 , is DENIED. Signed by District Judge Matthew T. Schelp on May 14, 2021. (BRP)
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| Filing 50 MEMORANDUM in Opposition of Motion re #47 MOTION for Reconsideration of Motion for Summary Judgment filed by Plaintiff Robert Lancaster. (Stewart, George) Modified on 4/29/2021 (TMT). |
| Filing 49 RESPONSE in Opposition re #47 MOTION for Reconsideration of Motion for Summary Judgment filed by Plaintiff Robert Lancaster. (Stewart, George) |
| Filing 48 MEMORANDUM in Support of Motion re #47 MOTION for Reconsideration of Motion for Summary Judgment filed by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 47 MOTION for Reconsideration of Motion for Summary Judgment by Defendant Caterpillar, Inc.. (Hunter, Michael) |
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Filing 46
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Exclude, Doc. #25 , is DENIED. IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment, Doc. #22 , is GRANTED in part and DENIED in part, consistent with this Memorandum and Order. Signed by District Judge Matthew T. Schelp on 3/31/2021. (TMT)
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Filing 45
ORDER: Jury Trial set for 6/14/2021 09:00 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Motion in Limine due by 6/4/2021. Pretrial Conference set for 6/2/2021 10:00 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Pretrial Compliance due by 5/25/2021. Signed by District Judge Matthew T. Schelp on February 11, 2021. (BRP)
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Filing 44
ORDER: IT IS HEREBY ORDERED that this case is reset for a JURY trial on March 29, 2021 at 9:00 a.m. in Courtroom 14-South. This is a three-week docket. [SEE ORDER FOR COMPLETE DETAILS] (Jury Trial set for 3/29/2021 09:00 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Motion in Limine due by 3/19/2021. Pretrial Conference set for 3/3/2021 01:00 PM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp.) Signed by District Judge Matthew T. Schelp on 12/1/2020. (TMT)
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Filing 43
Docket Text ORDER Re: #42 MOTION for Leave to File in Excess of Page Limitation Nunc Pro Tunc to September 15, 2020 by Plaintiff Robert Lancaster; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 10/26/2020. (TMT)
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| Filing 42 MOTION for Leave to File in Excess of Page Limitation Nunc Pro Tunc to September 15, 2020 by Plaintiff Robert Lancaster. (Attachments: #1 PROPOSED ORDER)(Stewart, George) |
| Filing 41 REPLY TO #33 Plaintiff's Response to Caterpillar's Statement of Material Facts by Defendant Caterpillar, Inc.. (Hunter, Michael) Modified on 10/14/2020 (TMT). |
| Filing 40 REPLY to Response to Motion re #22 MOTION for Summary Judgment filed by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 39 MEMORANDUM in Support of Motion re #25 MOTION to Exclude Expert Testimony of Jeffrey W. Polster, P.E. Expert testimony of Jeffrey W. Polster filed by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 38 REASSIGNMENT ORDER (GJL). District Judge Ronnie L. White no longer assigned to case. Case reassigned to District Judge Matthew T. Schelp for all further proceedings. (KXS) |
| Filing 37 MEMORANDUM in Opposition re #25 MOTION to Exclude Expert Testimony of Jeffrey W. Polster, P.E. Expert testimony of Jeffrey W. Polster filed by Plaintiff Robert Lancaster. (Stewart, George) |
| Filing 36 RESPONSE in Opposition re #25 MOTION to Exclude Expert Testimony of Jeffrey W. Polster, P.E. Expert testimony of Jeffrey W. Polster filed by Plaintiff Robert Lancaster. (Stewart, George) |
| Filing 35 MEMORANDUM in Opposition re #22 MOTION for Summary Judgment filed by Plaintiff Robert Lancaster. (Attachments: #1 Exhibit Exhibit 1-Depo of Craig Demry, #2 Exhibit Exhibit 2-Depo of Jennifer Yaek)(Stewart, George) |
| Filing 34 RESPONSE in Opposition re #22 MOTION for Summary Judgment filed by Plaintiff Robert Lancaster. (Stewart, George) |
| Filing 33 RESPONSE to Statement of Material Facts re #24 Statement of Material Facts and Plaintiff's Additional Statement of Material Facts filed by Plaintiff Robert Lancaster. (Attachments: #1 Exhibit Exhibit 1-Depo of Craig Demry, #2 Exhibit Exhibit 2-Depo of Jennifer Yaek)(Stewart, George) |
| Filing 32 ADR COMPLIANCE REPORT Neutral: Cohen, Robert S. Date of Conference: August 11, 2020. The parties participated in good faith. The parties did not achieve a settlement.(TMT) |
| Filing 31 MEMORANDUM in Support of Motion re #25 MOTION to Exclude Expert Testimony of Jeffrey W. Polster, P.E. Expert testimony of Jeffrey W. Polster filed by Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit A-Expert Report of Polster, #2 Exhibit B-Depo Transcript of J. Polster, #3 Exhibit C-Affidavit of C. Demry, #4 Exhibit D-Fabick Records, #5 Exhibit E-Polster CV)(Hunter, Michael) |
| Filing 30 MEMORANDUM in Support of Motion re #22 MOTION for Summary Judgment filed by Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit Exhibit A-Images from Cat Field Assembly Procedure, #2 Exhibit Exhibit B-Depo Transcript of R. Lancaster, #3 Exhibit Exhibit C-Expert Report-J. Polster, #4 Exhibit Exhibit D-Depo Transcript of J. Polster, #5 Exhibit Exhibit E-Fabick Records, #6 Exhibit Exhibit F-Affidavit of C. Demry, #7 Exhibit Exhibit G-Cat Manual, #8 Exhibit Exhibit H-Affidavit of J. Yaek)(Hunter, Michael) |
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Filing 29
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's Memorandum in Support of Motion to Exclude Expert Testimony of Jeffrey Polster, and all exhibits thereto, ECF No. 26 , are STRICKEN from the record for filing error. Defendant shall refile the Memorandum in Support of Motion to Exclude Expert Testimony of Jeffrey Polster by September 2, 2020, and shall label each exhibit with both an exhibit designation and a brief description of the exhibit, as required by Section II.F. of the Court's CM/ECF Procedures Manual and by the instructions that appear in red text on the filing screens. The Clerk of the Court shall delete ECF No. 26 from the record. Signed by District Judge Ronnie L. White on September 1, 2020. (LTR)
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Filing 28
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's Memorandum in Support of Summary Judgment and all exhibits thereto, ECF No. 23 , are STRICKEN from the record for filing error. Defendant shall refile the Memorandum in Support of Summary Judgment by September 3, 2020, and shall label each exhibit with both an exhibit designation and a brief description of the exhibit, as required by Section II.F. of the Court's CM/ECF Procedures Manual and by the instructions that appear in red text on the filing screens. The Clerk of the Court shall delete ECF No. 23 from the record. Signed by District Judge Ronnie L. White on September 1, 2020. (LTR)
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| Filing 27 Electronic Notice of Noncompliance. Review of case shows the ADR Compliance report has not been filed. A written motion requesting an extension of ADR Compliance report filing deadline must be filed with the court within 5 days. Notice only, no.pdf attached.(BRP) |
| Filing 26 [STRICKEN per Docket Text Order #29] MEMORANDUM in Support of Motion re #25 MOTION to Exclude Expert Testimony of Jeffrey W. Polster, P.E. Expert testimony of Jeffrey W. Polster filed by Defendant Caterpillar, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hunter, Michael) Modified on 9/2/2020 (BRP). |
| Filing 25 MOTION to Exclude Expert Testimony of Jeffrey W. Polster, P.E. Expert testimony of Jeffrey W. Polster by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 24 STATEMENT of Material Facts re #22 MOTION for Summary Judgment filed by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 23 [STRICKEN per Docket Text Order #28] MEMORANDUM in Support of Motion re #22 MOTION for Summary Judgment filed by Defendant Caterpillar, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Hunter, Michael) Modified on 9/2/2020 (BRP). |
| Filing 22 MOTION for Summary Judgment by Defendant Caterpillar, Inc.. (Hunter, Michael) |
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Filing 21
Docket Text ORDER RE: Doc. #20 , Joint MOTION for Extension of Time to Complete Mediation; ORDERED GRANTED. ADR shall be concluded no later than August 11, 2020, and the ADR Compliance Report deadline is August 25, 2020. Signed by District Judge Ronnie L. White on July 14, 2020. (LTR)
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| Filing 20 Joint MOTION for Extension of Time to Complete Mediation by Defendant Caterpillar, Inc.. (Hunter, Michael) |
| ***REMARK re: doc. #18 : In civil actions, discovery and disclosure materials pursuant to Fed.R.Civ.P. 26, 30, 31, 33, 34, 35, and 36, and the certificates of their service, shall not be filed with the Court except as exhibits to a motion or memorandum. (See Local Rule 3.02 located on the # court website) (BRP) |
| Filing 19 Designation of Neutral by parties and ADR Conference Report by Defendant Caterpillar, Inc. Neutral: Cohen, Robert S. Date of Conference: August 11, 2020 time: 9:30 a.m. Location: Telephonic mediation(Hunter, Michael) |
| Filing 18 NOTICE by Plaintiff Robert Lancaster Certificate of Service of Discovery Directed to Defendant (Stewart, George) |
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Filing 17
Docket Text ORDER: IT IS HEREBY ORDERED that the Joint Motion to Extend Deadline to Complete ADR #16 is GRANTED. Lead counsel shall notify the clerk of the choice of neutral and the date, time, and location of the ADR conference no later than July 10, 2020, and ADR shall be concluded no later than July 31, 2020. Signed by District Judge Ronnie L. White on 4/24/2020. (ALM)
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| Filing 16 Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Robert Lancaster. (Stewart, George) |
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Filing 15
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: George M. Stewart. [SEE ORDER FOR COMPLETE DETAILS] (ADR Completion Deadline due by 5/30/2020. ADR Compliance Report Deadline due by 6/13/2020. Designation of Neutral/Conference Report due by 5/9/2020.) Signed by District Judge Ronnie L. White on 4/6/2020. (TMT)
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| ***REMARK Re: #14 Pursuant to Rule 26 - 3.02; In civil actions, discovery and disclosure materials pursuant to Fed.R.Civ.P. 26, 30, 31, 33, 34, 35, and 36, and the certificates of their service, shall not be filed with the Court except as exhibits to a motion or memorandum. (See Local Rule 26-3.02 located on the court website.) (TMT) |
| Filing 14 NOTICE Certificate of Service for Discovery Responses: by Plaintiff Robert Lancaster (Stewart, George) |
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Filing 13
JOINT PROTECTIVE ORDER : [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Ronnie L. White on 12/23/2019. (KCB)
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| Filing 12 Joint MOTION for Protective Order by Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit Exhibit A Written Assurance)(Hunter, Michael) |
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Filing 11
CASE MANAGEMENT ORDER: This case is assigned to Track: 2 (Standard). Motion to Join Parties due by 2/21/2020. Discovery Completion due by 8/14/2020. Non-Dispositive Motions due by 8/25/2020. ADR Future Reference 4/17/2020. Dispositive Motions due by 8/28/2020. Jury Trial set for 2/1/2021 09:00 AM in Courtroom 10S - St. Louis before District Judge Ronnie L. White. Pretrial Compliance due by 1/12/2021. Motion in Limine due by 1/22/2021. Signed by District Judge Ronnie L. White on December 17, 2019. (BRP)
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Filing 10
Docket Text ORDER: IT IS HEREBY ORDERED that the Rule 16 Conference set for December 20, 2109 at 10:30 a.m. is CANCELED. The Court will issue the Case Management Order based upon the parties' Joint Proposed Scheduling Plan. Signed by District Judge Ronnie L. White on 12/13/19. (ALM)
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| Filing 9 JOINT SCHEDULING PLAN by Defendant Caterpillar, Inc.. . (Hunter, Michael) |
| Filing 8 Plaintiff's Response to Defendant's Affirmative Defenses by Plaintiff Robert Lancaster. (Stewart, George) Modified on 12/4/2019 (TMT). |
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Filing 7
RULE 16 ORDER: This case is assigned to Track: 2 (Standard) - [SEE ORDER FOR COMPLETE DETAILS] (Joint Scheduling Plan due by 12/13/2019. Rule 16 Conference set for 12/20/2019 10:30 AM in Courtroom 10S - St. Louis before District Judge Ronnie L. White.) Signed by District Judge Ronnie L. White on 11/22/2019. (TMT)
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| Filing 6 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Caterpillar, Inc... (Hunter, Michael) |
| Filing 5 ENTRY of Appearance by Michael B. Hunter for Defendant Caterpillar, Inc.. (Hunter, Michael) |
| Filing 4 ANSWER to #1 Complaint, by Caterpillar, Inc..(Hunter, Michael) |
| Filing 3 SUMMONS Returned Executed filed by Robert Lancaster. Caterpillar, Inc. served on 10/31/2019, answer due 11/21/2019. (Stewart, George) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Robert Lancaster Process Server: APS International, Ltd. (BAK) |
| Filing 1 COMPLAINT against defendant Caterpillar with receipt number AMOEDC-7546555, in the amount of $400 Non-Jury Demand,, filed by Robert Lancaster. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form)(Stewart, George) (Additional attachment(s) added on 10/28/2019: #3 Summons) (BAK). |
| Case Opening Notification: 1 Summons(es) issued. The summons was emailed to attorney George Michael Stewart. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. District Judge Ronnie L. White. (BAK) |
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| Defendant: Caterpillar, Inc. | |
| Represented By: | Michael B. Hunter |
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| Plaintiff: Robert Lancaster | |
| Represented By: | George Michael Stewart |
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