Montana Trucks, LLC v. UD Trucks North America, Inc. et al
Plaintiff: Montana Trucks, LLC
Defendant: UD Trucks, Corp., ABC Corporations I-V and UD Trucks North America, Inc.
Case Number: 9:2012cv00023
Filed: February 15, 2012
Court: US District Court for the District of Montana
Office: Missoula Office
County: MISSOULA
Presiding Judge: Donald W Molloy
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 27, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2017 Mail Returned as Undeliverable/Unclaimed as to Mark Byington, Docs. 148 and 149. (NOS)
September 18, 2017 Filing 151 CLERK'S JUDGMENT. (Copy to Botsford and Byington.) (NOS)
September 18, 2017 Opinion or Order Filing 150 ORDER dismissing case with prejudice. All pending deadlines are VACATED and motions DENIED as MOOT. The jury trial set for November 13, 2017, is VACATED. Signed by Judge Donald W. Molloy on 9/18/2017. (Copy to Botsford and Byington.) (NOS)
August 30, 2017 Opinion or Order Filing 149 Order. IT IS ORDERED that unless Montana Trucks can show good cause on or before September 13, 2017, this matter will be dismissed for failure to comply with the Court's Order and failure to prosecute. Signed by Judge Donald W. Molloy on 8/30/2017. (Mr. Botsford and Mr. Byington served electronically upon filing of Order, as well as through certified USPS delivery.) (NOS)
August 14, 2017 Opinion or Order Filing 148 ORDER granting #146 Motion to Withdraw as Attorney. Attorney Philip B. Condra terminated. Signed by Judge Donald W. Molloy on 8/14/2017. (APP)
August 11, 2017 Filing 147 In Camera Document(s) Ex Parte Affidavit re: #146 Unopposed MOTION to Withdraw as Attorney filed by Montana Trucks, LLC. (Condra, Philip)
August 11, 2017 Filing 146 Unopposed MOTION to Withdraw as Attorney Philip B. Condra appearing for Plaintiff Montana Trucks, LLC (Attachments: #1 Text of Proposed Order) (Condra, Philip)
August 4, 2017 Filing 145 Statement of Undisputed Fact re: #142 Second MOTION for Summary Judgment . (DeSoto, Kathleen)
August 4, 2017 Filing 144 AFFIDAVIT/DECLARATION re #142 Second MOTION for Summary Judgment (of Kathleen L. DeSoto) by UD Trucks North America, Inc.. (Attachments: #1 Exhibit 1-Dealer Sales & Service Agreement, #2 Exhibit 2-Pl's Disclosure of Damages & Liab Experts w/Ex A, #3 Exhibit 3-Excerpts depo Byington, #4 Exhibit 4-Excerpts depo Botsford, #5 Exhibit 5-Pioneer Drive Private Placement Disclosure Document Prospectus #10, #6 Exhibit 6- Letter March 24, 2009, #7 Exhibit 7-Pl's Second Supp Resp to Def's Third Combined Discovery Reqs, #8 Exhibit 8-Invoices, #9 Exhibit 9-Letter November 10, 2008, #10 Exhibit 10-Botsford depo Ex 20, #11 Exhibit 11-Notice of Termination, #12 Exhibit 12-Work Order, #13 Exhibit 13-Webpage, #14 Exhibit 14-CFR, #15 Exhibit 15-Link-Radlinski test report) (DeSoto, Kathleen)
August 4, 2017 Filing 143 Brief/Memorandum in Support re #142 Second MOTION for Summary Judgment filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
August 4, 2017 Filing 142 Second MOTION for Summary Judgment Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (DeSoto, Kathleen)
July 21, 2017 Filing 141 NOTICE of Substitution of Counsel by Montana Trucks, LLC (McFarland, Dylan)
June 19, 2017 Filing 140 NOTICE of Substitution of Counsel by UD Trucks North America, Inc. (Lucchesi, Thomas)
June 19, 2017 Filing 139 NOTICE of Acknowledgment of Pro Hac Vice Order by UD Trucks North America, Inc. (Lucchesi, Thomas)
June 6, 2017 Opinion or Order Filing 138 ORDER granting #137 Motion to Appear Pro Hac Vice for Thomas R. Lucchesi. IT IS FURTHER ORDERED that this Order is subject to withdrawal unless Mr. Lucchesi, within fifteen days, files a notice of acknowledgment. IT IS FURTHER ORDERED that the Defendant must limit counsel to three attorneys. Signed by Judge Donald W. Molloy on 6/6/2017. (NOS)
June 6, 2017 Filing 137 MOTION Thomas R. Lucchesi to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1961932.) Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (Attachments: #1 Affidavit, #2 Text of Proposed Order) (DeSoto, Kathleen)
May 16, 2017 Opinion or Order Filing 136 OPINION and ORDER granting in part and denying in part #120 Motion for Summary Judgment. Signed by Judge Donald W. Molloy on 5/16/2017. (APP)
February 14, 2017 Filing 135 REPLY to Response to Motion re #120 MOTION for Summary Judgment filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
February 10, 2017 Filing 134 Statement of Disputed Facts re: #133 Order, #127 Response to Motion filed by Montana Trucks, LLC. (Condra, Philip)
February 6, 2017 Opinion or Order Filing 133 ORDER re #128 Statement of Disputed Facts filed by Montana Trucks, LLC: Plaintiff to submit Statement of Disputed Facts per this Order on or before 2/10/2017. Signed by Judge Donald W. Molloy on 2/6/2017. (dle)
February 3, 2017 Opinion or Order Filing 132 ORDER granting #131 Motion for Extension of Time to File Response/Reply re #120 MOTION for Summary Judgment. Replies due by 2/14/2017. Signed by Judge Donald W. Molloy on 2/3/2017. (dle)
February 3, 2017 Filing 131 Unopposed MOTION for Extension of Time to File Response/Reply as to #127 Response to Motion Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (Attachments: #1 Text of Proposed Order Proposed Order) (DeSoto, Kathleen)
January 24, 2017 Filing 130 Sealed Document Unredacted Exhibit A re: #129 Affidavit/Declaration,,, filed by Montana Trucks, LLC. (Condra, Philip)
January 24, 2017 Filing 129 AFFIDAVIT/DECLARATION re #127 Response to Motion by Montana Trucks, LLC. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - R. Botsford Depo., #3 Exhibit C - M. Iwamura Depo., #4 Exhibit D - Depo. Ex. 103 email, #5 Exhibit E - 11/10/08 letter, #6 Exhibit F - 10/24/08 letter, #7 Exhibit G - 11/6/08 letter, #8 Exhibit H - 9/26/12 discovery, #9 Exhibit I - 11/17/08 letter, #10 Exhibit J - 12/15/09 letter, #11 Exhibit K - 3/24/09 letter, #12 Exhibit L - 4/17/09 letter, #13 Exhibit M - 11/12/12 discovery, #14 Exhibit N - Nov. 2008 Link-Radlinski, #15 Exhibit O - 1/30/09 letter, #16 Exhibit P - K. Sasame Depo., #17 Exhibit Q - M. Byington Aff., #18 Exhibit R - List of Employee) (Condra, Philip)
January 24, 2017 Filing 128 Statement of Disputed Facts re: #127 Response to Motion filed by Montana Trucks, LLC. (Condra, Philip) Modified to link to motion. (NOS).
January 24, 2017 Filing 127 RESPONSE to Motion re #120 MOTION for Summary Judgment filed by Montana Trucks, LLC. (Condra, Philip)
January 5, 2017 Opinion or Order Filing 126 ORDER granting #125 Motion for Extension of Time to File Response/Reply re #120 MOTION for Summary Judgment. Responses due by 1/24/2017. Signed by Judge Donald W. Molloy on 1/5/2017. (NOS)
January 4, 2017 Filing 125 Unopposed MOTION for Extension of Time to File Response/Reply as to #120 MOTION for Summary Judgment Philip B. Condra appearing for Plaintiff Montana Trucks, LLC (Attachments: #1 Text of Proposed Order) (Condra, Philip)
December 20, 2016 Filing 124 Statement of Undisputed Fact re: #120 MOTION for Summary Judgment . (DeSoto, Kathleen)
December 20, 2016 Opinion or Order Filing 123 ORDER granting #105 Motion. Montana Trucks' claims against UD Japan are DISMISSED for lack of personal jurisdiction. Signed by Judge Donald W. Molloy on 12/20/2016. (ASG)
December 20, 2016 Filing 122 AFFIDAVIT/DECLARATION re #120 MOTION for Summary Judgment by UD Trucks North America, Inc.. (Attachments: #1 Exhibit 1-Dealer Sales & Service Agreement, #2 Exhibit 2-Distributor Agreement, #3 Exhibit 3-Mission Statement, #4 Exhibit 4-Incomplete Vehicle Doc, #5 Exhibit 5-Dep Randy Botsford, #6 Exhibit 6-UD North America's 1st written disc, #7 Exhibit 7-Pioneer Complaint, #8 Exhibit 8-NATC FMVSS 121 Report - Pt 1, #9 Exhibit 8-NATC FMVSS 121 Report - Pt 2, #10 Exhibit 8-NATC FMVSS 121 Report - Pt 3, #11 Exhibit 9-Link-Radlinski Report, #12 Exhibit 10-Dep Sasame, #13 Exhibit 11-Recall Notices) (DeSoto, Kathleen)
December 20, 2016 Filing 121 Brief/Memorandum in Support re #120 MOTION for Summary Judgment filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
December 20, 2016 Filing 120 MOTION for Summary Judgment Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (DeSoto, Kathleen)
November 2, 2016 Filing 119 Sealed Document Unredacted Reply Brief in Support of re: #105 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by UD Trucks, Corp.. (Leonard, Thomas)
October 19, 2016 Filing 118 Sealed Document filed by Montana Trucks, LLC Response to Defendant's Motion to Dismiss re: #105 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit A) (Condra, Philip)
October 14, 2016 Filing 117 Brief/Response to Order re #115 Scheduling Order,, Computation of Damages filed by Montana Trucks, LLC. (Condra, Philip)
October 14, 2016 Filing 116 AMENDED DOCUMENT by Montana Trucks, LLC. Amendment to #110 Preliminary Pretrial Statement , Second Amended. (Attachments: #1 Appendix A) (Condra, Philip)
September 30, 2016 Opinion or Order Filing 115 SCHEDULING ORDER: Final Pretrial Conference set for 11/2/2017 at 2:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Jury Trial set for 11/13/2017 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 11/18/2016. Discovery due by 8/25/2017. Motions due by 9/22/2017. Proposed Pretrial Order due by 10/26/2017. Plaintiff shall file computation of damages on or before 10/14/2016. Signed by Judge Donald W. Molloy on 9/30/2016. (DLE)
September 30, 2016 Filing 114 AMENDED DOCUMENT by Montana Trucks, LLC. Amendment to #110 Preliminary Pretrial Statement . (Attachments: #1 Appendix A) (Condra, Philip)
September 30, 2016 MINUTE ENTRY: Minute Entry for proceedings held before Judge Donald W. Molloy: Interim Pretrial Conference held on 9/30/2016. (Law Clerk: S. Stephens), (Hearing held in Missoula) (DLE)
September 28, 2016 Opinion or Order Filing 113 ORDER granting #112 Motion for Extension of Time to File Response/Reply re #105 MOTION to Dismiss for Lack of Jurisdiction/MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 10/19/2016. Signed by Judge Donald W. Molloy on 9/28/2016. (NOS, )
September 28, 2016 Filing 112 Unopposed MOTION for Extension of Time to File Response/Reply as to #105 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #106 Brief/Memorandum in Support, Philip B. Condra appearing for Plaintiff Montana Trucks, LLC (Attachments: #1 Text of Proposed Order Proposed Order) (Condra, Philip)
September 22, 2016 Filing 111 STATEMENT OF STIPULATED FACTS by Montana Trucks, LLC. (Condra, Philip)
September 22, 2016 Filing 110 PRELIMINARY PRETRIAL STATEMENT by Montana Trucks, LLC. (Attachments: #1 Appendix A) (Condra, Philip)
September 22, 2016 Filing 109 PRELIMINARY PRETRIAL STATEMENT by UD Trucks North America, Inc.. (DeSoto, Kathleen)
September 22, 2016 Filing 108 PRELIMINARY PRETRIAL STATEMENT by UD Trucks, Corp.. (Leonard, Thomas)
September 21, 2016 Filing 107 Corporate Disclosure Statement by UD Trucks, Corp. identifying Corporate Parent AB Volvo, Corporate Parent Aktiebolaget Volvo for UD Trucks, Corp... (Leonard, Thomas)
September 21, 2016 Filing 106 Brief/Memorandum in Support re #105 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by UD Trucks, Corp.. (Attachments: #1 Exhibit A-Toyoshima Declaration) (Leonard, Thomas)
September 21, 2016 Filing 105 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Thomas J. Leonard appearing for Defendant UD Trucks, Corp. (Leonard, Thomas)
September 20, 2016 Opinion or Order Filing 104 TEXT ORDER RE-SETTING: Preliminary Pretrial Conference RESET for 9/30/2016 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 9/20/2016. (DLE)
September 9, 2016 Opinion or Order Filing 103 ORDER granting #101 Motion for Leave to File Excess Pages. Signed by Judge Donald W. Molloy on 9/9/2016. (ASG, )
September 9, 2016 Filing 102 JOINT DISCOVERY PLAN by UD Trucks, Corp.. (Leonard, Thomas)
September 8, 2016 Filing 101 Unopposed MOTION for Leave to File Excess Pages Thomas J. Leonard appearing for Defendant UD Trucks, Corp. (Attachments: #1 Text of Proposed Order) (Leonard, Thomas)
August 25, 2016 Opinion or Order Filing 100 ORDER granting #99 Motion to Excuse Lead Counsel's Attendance at Preliminary Pretrial Conference, so long as co-lead counsel Thomas J. Leonard is in attendance. Signed by Judge Donald W. Molloy on 8/25/2016. (NOS, )
August 25, 2016 Remark: Defendant UD Trucks North America, Inc., f/k/a Nissan Diesel America, Inc. reinstated on docket in conjunction with Defendant being listed on caption of Ninth Circuit Memorandum disposition of 7/28/2016 and Mandate of 8/22/16. Defendant UD Trucks North America, Inc. previously terminated 10/9/13. (NOS, )
August 24, 2016 Filing 99 Unopposed MOTION to Excuse Lead Counsel's Attendance at Preliminary Pretrial Conference Randy J. Cox appearing for Defendant UD Trucks, Corp. (Attachments: #1 Text of Proposed Order) (Cox, Randy)
August 23, 2016 Opinion or Order Filing 98 PRELIMINARY PRETRIAL CONFERENCE ORDER following remand: Preliminary Pretrial Statement due by 9/22/2016. Joint Discovery Plan due by 9/22/2016. Statement of Stipulated Facts due by 9/22/2016. Pretrial Conference set for 9/29/2016 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 8/23/2016. (DLE)
August 22, 2016 Filing 97 MANDATE of USCA as to #93 Notice of Appeal filed by Montana Trucks, LLC. The judgment of this Court, entered July 28, 2016, takes effect this date. (NOS, )
July 28, 2016 Filing 96 MEMORANDUM of USCA as to #93 Notice of Appeal, filed by Montana Trucks, LLC. AFFIRMED IN PART, REVERSED AND REMANDED IN PART. (NOS, )
July 22, 2014 Opinion or Order Filing 95 ORDER of USCA as to #93 Notice of Appeal, filed by Montana Trucks, LLC. Appellants unopposed motion for an order unsealing all documents filed under seal in this appeal and at the district court level is denied without prejudice to its renewal following presentation to the district court. (NOS, )
January 3, 2014 Filing 94 USCA Time Scheduling Order as to #93 Notice of Appeal, filed by Montana Trucks, LLC. (NOS, )
January 3, 2014 USCA Case Number 14-35004 for #93 Notice of Appeal, filed by Montana Trucks, LLC. (NOS, )
January 2, 2014 Filing 93 NOTICE OF APPEAL as to #88 Order, #81 Order on Motion for Summary Judgment, #82 Judgment, #92 Clerk's Judgment, #91 Order on Stipulated Motion, #89 Clerk's Judgment by Montana Trucks, LLC. Filing fee $ 505, receipt number 0977-1339420. (Attachments: #1 Docket No. 81, #2 Docket No. 82, #3 Docket No. 88, #4 Docket No. 89, #5 Docket No. 91, #6 Docket No. 92) (Condra, Philip)
December 4, 2013 Filing 92 JUDGMENT entered in favor of UD Trucks, Corp. and against Montana Trucks, LLC. (NOS, )
December 4, 2013 Opinion or Order Filing 91 ORDER granting #90 Stipulated Motion. The case is DISMISSED WITH PREJUDICE, each party to pay its own costs. Signed by Judge Donald W. Molloy on 12/4/2013. (NOS, )
December 2, 2013 Filing 90 Stipulated Motion for Entry of Judgment with Reservation of All Claims and Defenses Randy J. Cox appearing for Defendant UD Trucks, Corp. (Attachments: #1 Text of Proposed Order) (Cox, Randy)
October 9, 2013 Filing 89 JUDGMENT entered in favor of UD Trucks North America, Inc. (NOS, )
October 9, 2013 Opinion or Order Filing 88 ORDER re #82 Judgment, #85 Order on Motion for Leave to File. Signed by Judge Donald W. Molloy on 10/9/2013. (dle)
September 10, 2013 Filing 87 Proof of Service filed by Montana Trucks, LLC. Service by courier service with report of delivery on September 9, 2013. (Attachments: #1 Exhibit) (Condra, Philip)
September 9, 2013 Filing 86 Brief/Response to Order re #85 Order on Motion for Leave to File Response to Plaintiff's Brief Opposing Dismissal of its Claim Entitled Constructive Fraud on Timeliness Grounds filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
August 30, 2013 Opinion or Order Filing 85 ORDER granting #84 Motion for Leave to File response. Defendant UD Trucks North America, Inc. may, by Friday, 9/13/2013, file a responsive brief. Signed by Judge Donald W. Molloy on 8/30/2013. (dle)
August 27, 2013 Filing 84 MOTION for Leave to File Response Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (DeSoto, Kathleen)
August 26, 2013 Filing 83 Brief/Response to Order re #81 Order on Motion for Summary Judgment Opposing Dismissal of Its Claim Entitled "Constructive Fraud" on Timeliness Grounds filed by Montana Trucks, LLC. (Condra, Philip)
August 12, 2013 Filing 82 JUDGMENT entered in favor of UD Trucks North America, Inc. (BAW, )
August 12, 2013 Opinion or Order Filing 81 ORDER granting #29 Motion for Summary Judgment. The only claim remaining as to UD Trucks North America is Plaintiff's constructive fraud claim raised in the Second Amended Complaint. Signed by Judge Donald W. Molloy on 8/12/2013. (dle)
July 29, 2013 Opinion or Order Filing 80 ORDER granting in part #72 Motion for service by other means. Signed by Judge Donald W. Molloy on 7/29/2013. (dle)
July 19, 2013 Filing 79 REPLY to Response to Motion re #29 MOTION for Summary Judgment (Supplemental) filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
June 28, 2013 Filing 78 Sealed Document Unredacted Montana Trucks' Supplemental Brief Opposing Summary Judgment re: #29 MOTION for Summary Judgment filed by Montana Trucks, LLC. (Attachments: #1 Exhibit M, #2 Exhibit N, #3 Exhibit O, #4 Exhibit P, #5 Exhibit Q, #6 Exhibit R) (Condra, Philip)
June 4, 2013 Filing 77 RESPONSE to Motion re #72 MOTION for Order/Judgment Directing Service on UD Trucks Corp. by Mail and Courier filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
June 3, 2013 Filing 76 ANSWER to #71 Amended Complaint (Second) by UD Trucks North America, Inc.. (Attachments: #1 Exhibit A - Dealer Sales & Service Agreement) (DeSoto, Kathleen)
May 23, 2013 Filing 75 Summons Issued as to UD Trucks, Corp. and mailed to counsel HagEstad. (BAW, )
May 21, 2013 Filing 74 AFFIDAVIT/DECLARATION re #72 MOTION for Order/Judgment Directing Service on UD Trucks Corp. by Mail and Courier by Montana Trucks, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Condra, Philip)
May 21, 2013 Filing 73 Brief/Memorandum in Support re #72 MOTION for Order/Judgment Directing Service on UD Trucks Corp. by Mail and Courier filed by Montana Trucks, LLC. (Condra, Philip)
May 21, 2013 Filing 72 MOTION for Order/Judgment Directing Service on UD Trucks Corp. by Mail and Courier Philip B. Condra appearing for Plaintiff Montana Trucks, LLC (Attachments: #1 Text of Proposed Order) (Condra, Philip)
May 15, 2013 Filing 71 AMENDED COMPLAINT and Jury Demand(Second Amended Complaint) against All Defendants, filed by Montana Trucks, LLC. (Condra, Philip) .
May 13, 2013 Opinion or Order Filing 70 ORDER granting #68 Motion for Leave to File a Second Amended Complaint. Signed by Judge Donald W. Molloy on 5/13/2013. (dle)
May 10, 2013 Filing 69 Sealed Document Unredacted Brief in Support re: #68 First MOTION for Leave to File a Second Amended Complaint filed by Montana Trucks, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C part 1 of 4, #4 Exhibit C part 2 of 4, #5 Exhibit C part 3 of 4, #6 Exhibit C part 4 of 4) (Condra, Philip)
May 10, 2013 Filing 68 First MOTION for Leave to File a Second Amended Complaint Philip B. Condra appearing for Plaintiff Montana Trucks, LLC (Condra, Philip)
April 30, 2013 Opinion or Order Filing 67 Order Setting: Discovery due by 1/31/2014. Motions due by 3/15/2014. Pretrial Order due by 5/29/2014. Final Pretrial Conference set for 6/5/2014 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Jury Trial set for 6/16/2014 at 8:30 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 4/30/2013. (dle)
April 30, 2013 Minute Entry for proceedings held before Judge Donald W. Molloy: Scheduling Conference held on 4/30/2013. (dle)
April 29, 2013 Filing 66 NOTICE of Appearance by Lon J. Dale on behalf of Montana Trucks, LLC (Dale, Lon)
April 26, 2013 Filing 65 JOINT DISCOVERY PLAN by Montana Trucks, LLC. (Condra, Philip)
April 25, 2013 Filing 64 NOTICE of Appearance by Richard S. Mandelson on behalf of UD Trucks North America, Inc. (Mandelson, Richard)
April 19, 2013 Opinion or Order Filing 63 Order granting #45 Montana Trucks LLC's Rule 56(d) motion and granting #50 Montana Trucks LLC's motion to vacate the scheduling order deadlines. The Court stays its disposition of the motion for summary judgment until April 30, 2013, when the Court will hold a scheduling conference to discuss the deadlines in this case. Order Setting: Amended Joint Discovery Plan due by 4/26/2013. Scheduling Conference set for 4/30/2013 at 10:15 AM in Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 4/19/2013. (ASG, ) Modified on 4/19/2013 to add language re Motion #50 . (ASG, ).
April 15, 2013 Filing 62 REPLY to Response to Motion re #45 MOTION to Continue Pursuant to Fed. R. Civ. P. 56(d) filed by Montana Trucks, LLC. (Condra, Philip)
April 12, 2013 Filing 61 REPLY to Response to Motion re #50 MOTION to Vacate Scheduling Order Deadlines filed by Montana Trucks, LLC. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Text of Proposed Order) (Condra, Philip)
April 5, 2013 Filing 60 RESPONSE to Motion re #50 MOTION to Vacate Scheduling Order Deadlines filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
April 4, 2013 Opinion or Order Filing 59 ORDER granting #57 Unopposed MOTION to Modify Agreed Protective Order in Cause No. 9:08-cv-115-DWM filed by Montana Trucks, LLC. Signed by Judge Donald W. Molloy on 4/4/2013. (BAW, )
April 4, 2013 Filing 58 Brief/Memorandum in Support re #57 Unopposed MOTION to Modify Agreed Protective Order in Cause No. 9:08-cv-115-DWM filed by Montana Trucks, LLC. (Condra, Philip)
April 4, 2013 Filing 57 Unopposed MOTION to Modify Agreed Protective Order in Cause No. 9:08-cv-115-DWM Philip B. Condra appearing for Plaintiff Montana Trucks, LLC (Attachments: #1 Text of Proposed Order) (Condra, Philip)
April 3, 2013 Filing 56 REPLY to Response to Motion re #29 MOTION for Summary Judgment filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
April 3, 2013 Filing 55 RESPONSE to Motion re #45 MOTION to Continue Pursuant to Fed. R. Civ. P. 56(d) filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
March 26, 2013 Opinion or Order Filing 54 ORDER granting #53 Motion for Extension of Time to File Response/Reply re #45 MOTION to Continue Pursuant to Fed. R. Civ. P. 56(d, #29 MOTION for Summary Judgment. Replies due by 4/3/2013. Signed by Judge Donald W. Molloy on 3/26/2013. (dle)
March 26, 2013 Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply as to #45 MOTION to Continue Pursuant to Fed. R. Civ. P. 56(d), #29 MOTION for Summary Judgment Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (Attachments: #1 Text of Proposed Order) (DeSoto, Kathleen)
March 25, 2013 Filing 52 Notice of Correction: re #51 Brief/Memorandum in Support, #50 MOTION to Vacate Scheduling Order Deadlines. The filing error relates to: Signature and Login do not match. See the attached document for a brief description of the error made. (ASG, )
March 22, 2013 Filing 51 Brief/Memorandum in Support re #50 MOTION to Vacate Scheduling Order Deadlines filed by Montana Trucks, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (HagEstad, G.)
March 22, 2013 Filing 50 MOTION to Vacate Scheduling Order Deadlines G. Patrick HagEstad appearing for Plaintiff Montana Trucks, LLC (HagEstad, G.)
March 12, 2013 Filing 49 Statement of Disputed Facts re: #47 Response to Motion filed by Montana Trucks, LLC. (Condra, Philip)
March 12, 2013 Filing 48 AFFIDAVIT in Opposition re #29 MOTION for Summary Judgment filed by Montana Trucks, LLC. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Condra, Philip)
March 12, 2013 Filing 47 RESPONSE to Motion re #29 MOTION for Summary Judgment filed by Montana Trucks, LLC. (Condra, Philip)
March 12, 2013 Filing 46 Brief/Memorandum in Support re #45 MOTION to Continue Pursuant to Fed. R. Civ. P. 56(d) filed by Montana Trucks, LLC. (Attachments: #1 Affidavit Exhibit A) (Condra, Philip)
March 12, 2013 Filing 45 MOTION to Continue Pursuant to Fed. R. Civ. P. 56(d) Philip B. Condra appearing for Plaintiff Montana Trucks, LLC (Condra, Philip)
March 7, 2013 Filing 44 Brief in Response to Order re #36 Order to Show Cause by counsel for Nissan Diesel Motor Co., Ltd in CV 08-115-M-DWM pursuant to page 3 of order #36 . (BAW, )
March 7, 2013 Opinion or Order Filing 43 ORDER denying #27 Motion to lift protective order. Signed by Judge Donald W. Molloy on 3/7/2013. (dle) .
March 7, 2013 Filing 42 Brief/Response to Order re #36 Order to Show Cause filed by Montana Trucks, LLC. (Condra, Philip)
March 5, 2013 Filing 41 Brief/Response to Order re #36 Order to Show Cause as filed by counsel for Pioneer Drive, LLC in CV 08-115-M-DWM pursuant to page 3 of order #36 . (BAW, )
February 27, 2013 Opinion or Order Filing 40 ORDER granting #38 Motion for Extension of Time to File Response/Reply re #29 MOTION for Summary Judgment. Responses due by 3/12/2013. Replies due by 3/26/2013. Motions ripe 3/12/2013. Signed by Judge Donald W. Molloy on 2/27/2013. (dle)
February 27, 2013 Filing 39 Brief/Response to Order re #36 Order to Show Cause filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
February 26, 2013 Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 Brief/Memorandum in Support, #29 MOTION for Summary Judgment G. Patrick HagEstad appearing for Plaintiff Montana Trucks, LLC (Attachments: #1 Text of Proposed Order) (HagEstad, G.)
February 22, 2013 Filing 37 NOTICE by Montana Trucks, LLC re #36 Order to Show Cause (Notice of Service of Motion to Lift Protective Order, Briefing and Order) (Condra, Philip)
February 21, 2013 Opinion or Order Filing 36 ORDER TO SHOW CAUSE: Show Cause Response due by 3/7/2013. Signed by Judge Donald W. Molloy on 2/21/2013. (dle) (Main Document 36 replaced on 2/22/2013 to correct case number on page 1 & 2 of order) (CDH, ).
February 20, 2013 Filing 35 REPLY to Response to Motion re #27 MOTION to Stay Protective Order filed by Montana Trucks, LLC. (Attachments: #1 Exhibit H) (Condra, Philip)
February 6, 2013 Filing 34 RESPONSE to Motion re #27 MOTION to Stay Protective Order filed by UD Trucks North America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Jarrett, David)
February 5, 2013 Filing 33 AFFIDAVIT/DECLARATION re #29 MOTION for Summary Judgment (Wetherell Verification) by UD Trucks North America, Inc.. (Attachments: #1 Exhibit A-Excel Spreadsheet) (DeSoto, Kathleen)
February 5, 2013 Filing 32 AFFIDAVIT/DECLARATION re #29 MOTION for Summary Judgment by UD Trucks North America, Inc.. (Attachments: #1 Exhibit 1-Dealer Sales & Service Agreement, #2 Exhibit 2-Responses to Discovery, #3 Exhibit 3-Complaint, #4 Exhibit 4-Pioneer Drive Appendix A, #5 Exhibit 5-LinkRadlinski Report, #6 Exhibit 6-Botsford Letter, #7 Exhibit 7-Amended & Suppl Complaint, #8 Exhibit 8-Second Amended & Suppl Complaint, #9 Exhibit 9-Third Amended & Suppl Complaint, #10 Exhibit 10-Termination Letter) (DeSoto, Kathleen)
February 5, 2013 Filing 31 Statement of Undisputed Fact re: #29 MOTION for Summary Judgment . (DeSoto, Kathleen)
February 5, 2013 Filing 30 Brief/Memorandum in Support re #29 MOTION for Summary Judgment filed by UD Trucks North America, Inc.. (DeSoto, Kathleen)
February 5, 2013 Filing 29 MOTION for Summary Judgment Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (DeSoto, Kathleen)
January 23, 2013 Filing 28 Brief/Memorandum in Support re #27 MOTION to Stay Protective Order filed by Montana Trucks, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Condra, Philip)
January 23, 2013 Filing 27 MOTION to Stay Protective Order Philip B. Condra appearing for Plaintiff Montana Trucks, LLC (Condra, Philip)
August 29, 2012 Opinion or Order Filing 26 ORDER denying #25 Motion for Extension of Time. Signed by Judge Donald W. Molloy on 8/29/2012. (BAW, )
August 28, 2012 Filing 25 Unopposed MOTION for Extension of Time to Complete Discovery G. Patrick HagEstad appearing for Plaintiff Montana Trucks, LLC (Attachments: #1 Text of Proposed Order) (HagEstad, G.)
July 24, 2012 Filing 24 NOTICE of Acknowledgment of Pro Hac Vice Order by UD Trucks North America, Inc. re #21 Order on Motion to Appear Pro Hac Vice,,, Billy M. Donley (DeSoto, Kathleen)
July 24, 2012 Filing 23 NOTICE of Acknowledgment of Pro Hac Vice Order by UD Trucks North America, Inc. re #21 Order on Motion to Appear Pro Hac Vice,,, David R. Jarrett (DeSoto, Kathleen)
July 19, 2012 Opinion or Order Filing 22 SCHEDULING ORDER: Final Pretrial Conference set for 10/3/2013 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Jury Trial set for 10/15/2013 at 8:30 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 9/28/2012. Discovery due by 4/26/2013. Motions due by 5/28/2013. Proposed Pretrial Order due by 9/5/2013. Signed by Judge Donald W. Molloy on 7/19/2012. (dle)
July 19, 2012 Minute Entry for proceedings held before Judge Donald W. Molloy: Initial Pretrial Conference held on 7/19/2012. (dle)
July 17, 2012 Opinion or Order Filing 21 ORDER granting #19 Motion to Appear Pro Hac Vice for Attorney David R. Jarrett for UD Trucks North America, Inc.; and granting #20 Motion to Appear Pro Hac Vice for Attorney Billy M. Donley for UD Trucks North America, Inc. Signed by Judge Donald W. Molloy on 7/17/2012. (dle)
July 16, 2012 Filing 20 MOTION Billy M. Donley to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1096802.) Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (Attachments: #1 Exhibit A - Aff Donley, #2 Text of Proposed Order) (DeSoto, Kathleen)
July 16, 2012 Filing 19 MOTION David R. Jarrett to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1096739.) Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (Attachments: #1 Exhibit A - Aff Jarrett, Part 1, #2 Exhibit A - Aff Jarrett, Part 2, #3 Exhibit A - Aff Jarrett, Part 3, #4 Exhibit A - Aff Jarrett, Part 4, #5 Text of Proposed Order) (DeSoto, Kathleen)
July 11, 2012 Filing 18 ERRATA #17 Preliminary Pretrial Statement . (Attachments: #1 Appendix A) (Condra, Philip)
July 11, 2012 Filing 17 PRELIMINARY PRETRIAL STATEMENT by Montana Trucks, LLC. (Attachments: #1 Appendix A) (Condra, Philip)
July 11, 2012 Filing 16 PRELIMINARY PRETRIAL STATEMENT by UD Trucks North America, Inc.. (DeSoto, Kathleen)
July 11, 2012 Filing 15 JOINT DISCOVERY PLAN by Montana Trucks, LLC. (Condra, Philip)
June 25, 2012 Opinion or Order Filing 14 Order Vacating preliminary pretrial conference set for 7/18/2012, Order RESETTING: Pretrial Conference set for 7/19/2012 at 2:15 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 6/25/2012. (dle)
June 18, 2012 Filing 13 ANSWER to #1 Complaint with Jury Demand & AMENDED COMPLAINT and Demand for Jury Trial re; #7 by UD Trucks North America, Inc. (Attachments: #1 Exhibit A) (DeSoto, Kathleen) Modified on 6/19/2012 to create relationship to Amended Complaint (CDH, ).
May 30, 2012 Opinion or Order Filing 12 Order Vacating Preliminary Pretrial Conference set for 6/21/2012, and Order RESETTING: Joint Discovery Plan due by 7/11/2012. Pretrial Conference set for 7/18/2012 at 11:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Motions terminated: #10 Unopposed MOTION to Continue filed by UD Trucks North America, Inc. Signed by Judge Donald W. Molloy on 5/30/2012. (dle)
May 30, 2012 Set/Reset Deadlines: Preliminary Pretrial Statement due by 7/11/2012. (dle)
May 29, 2012 Filing 11 AFFIDAVIT/DECLARATION re #10 Unopposed MOTION to Continue by UD Trucks North America, Inc.. (DeSoto, Kathleen)
May 29, 2012 Filing 10 Unopposed MOTION to Continue Kathleen L. DeSoto appearing for Defendant UD Trucks North America, Inc. (Attachments: #1 Text of Proposed Order) (DeSoto, Kathleen)
May 21, 2012 Filing 9 WAIVER OF SERVICE Returned Executed by Montana Trucks, LLC. UD Trucks North America, Inc. waiver sent on 4/19/2012, answer due 6/18/2012. (HagEstad, G.)
March 30, 2012 Filing 8 Summons Issued as to UD Trucks North America, Inc. and mailed to counsel HagEstad. (BAW, )
March 30, 2012 Filing 7 AMENDED COMPLAINT and Demand for Jury Trial against All Plaintiffs, filed by Montana Trucks, LLC. (Attachments: #1 Summons) (HagEstad, G.) Modified on 6/18/2012 (EBC, ).
March 22, 2012 Opinion or Order Filing 6 ORDER granting #4 Motion to Continue. The preliminary pretrial conference is reset for 6/21/2012 at 1:30 p.m. in the Russell Smith Courthouse, Missoula, Montana. Signed by Judge Donald W. Molloy on 3/22/2012. (dle)
March 22, 2012 NOTICE REGARDING ELECTRONIC DATE: re #5 Brief/Memorandum in Support, #4 MOTION to Continue Preliminary Pretrial Conference. The DATE on this document does not comply with Local Rules or the CM/ECF Administrative Procedures Manual. This notice is for your information for future filings. (BAW, )
March 22, 2012 Set/Reset Hearings: Preliminary Pretrial Conference set for 6/21/2012 at 1:30 PM in Missoula, MT before Judge Donald W. Molloy. (dle)
March 21, 2012 Filing 5 Brief/Memorandum in Support re #4 MOTION to Continue Preliminary Pretrial Conference filed by Montana Trucks, LLC. (HagEstad, G.)
March 21, 2012 Filing 4 MOTION to Continue Preliminary Pretrial Conference G. Patrick HagEstad appearing for Plaintiff Montana Trucks, LLC (Attachments: #1 Text of Proposed Order) (HagEstad, G.)
March 12, 2012 Opinion or Order Filing 3 PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 5/30/2012. Joint Discovery Plan due by 5/30/2012. Pretrial Conference set for 6/6/2012 at 10:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 3/12/2012. (dle)
February 15, 2012 Filing 2 Summons Issued as to UD Trucks North America, Inc.and mailed to counsel. (BAW, )
February 15, 2012 Filing 1 COMPLAINT against ABC Corporations I-V and UD Trucks North America, Inc., filed by Montana Trucks, LLC. (Attachments: #1 Civil Cover Sheet) (BAW, )
February 15, 2012 Filing fee paid in the amount of: $ 350.00, receipt number 0977-1014497 (BAW, )

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Search for this case: Montana Trucks, LLC v. UD Trucks North America, Inc. et al
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Defendant: UD Trucks, Corp.
Represented By: Randy J. Cox
Represented By: Thomas J. Leonard
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Defendant: ABC Corporations I-V
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Defendant: UD Trucks North America, Inc.
Represented By: Thomas R. Lucchesi
Represented By: Richard S. Mandelson
Represented By: Billy M. Donley
Represented By: David R. Jarrett
Represented By: Kathleen L. DeSoto
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Plaintiff: Montana Trucks, LLC
Represented By: Lon J. Dale
Represented By: Dylan McFarland
Represented By: G. Patrick HagEstad
Represented By: Philip B. Condra
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