Stewart v. Robert B. Somerville Co. Limited et al
| Bryan Stewart |
| Robert B. Somerville Co. Limited, Caterpillar, Inc. and Sabre International, LLC |
| 2:2013cv00333 |
| February 27, 2013 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Andrew P Gordon |
| Peggy A Leen |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 45
ORDER DISMISSING CASE Granting #44 Stipulation of Dismissal with prejudice. Each of the parties to pay their own costs and attorney's fees. Signed by Judge Andrew P. Gordon on 05/19/2014. (Copies have been distributed pursuant to the NEF - AC)
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| Filing 44 NOTICE of Corrected Image/Document re #43 Stipulation of Dismissal by Defendant Caterpillar, Inc.. (Service of corrected image is attached). (Diamond, Kevin) |
| Filing 43 STIPULATION of Dismissal and Re Good Faith by Defendant Caterpillar, Inc.. (Diamond, Kevin) Modified to add link to corrected image #44 on 5/16/2014. (MAJ) |
| Filing 42 SUPPLEMENT re: #41 RESPONSE to #37 MOTION for Summary Judgment; filed by Plaintiff Bryan Stewart. (Attachments: #1 Exhibit)(Eglet, Robert) |
| Filing 41 RESPONSE to #37 MOTION for Summary Judgment , filed by Plaintiff Bryan Stewart. Replies due by 3/16/2014. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Eglet, Robert) |
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Filing 40
ORDER ON STIPULATION Granting #39 Stipulation for Extension of Time for Plaintiff to File a Response to #37 Motion for Summary Judgment. Responses due by 2/27/2014. Replies due by 3/6/2014. Signed by Judge Andrew P. Gordon on 12/13/2014. (Copies have been distributed pursuant to the NEF - AC)
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| Filing 39 STIPULATION FOR EXTENSION OF TIME (First Request) re #37 MOTION for Summary Judgment ; by Plaintiff Bryan Stewart. (Eglet, Robert) |
| Filing 38 NOTICE re #37 MOTION for Summary Judgment; filed by Caterpillar, Inc. (Grannis, Frederic) |
| Filing 37 MOTION for Summary Judgment by Defendant Caterpillar, Inc.. Responses due by 2/17/2014. (Attachments: #1 Affidavit of Kurt Wrage, #2 Affidavit of Charlie Jones, #3 Declaration of Frederic Grannis)(Grannis, Frederic) |
| Filing 36 MINUTES OF PROCEEDINGS - Motion Hearing held on 1/21/2014 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Kendalee Works, Esq.; Def Counsel: Frederic Grannis, Esq., Michael Lowrey, Esq.; Court Reporter/FTR #: 10:03:28 - 10:09:21; Time of Hearing: 10:00am; Courtroom: 3B; The Court hears representations concerning Defendant Caterpillar's Motion for Protective Order #32 . IT IS ORDERED: Defendant Caterpillar's Motion for Protective Order #32 is DENIED to the extent that they are requesting the Plaintiff be denied the opportunity to take the Rule 30(b)(6) deposition. Counsel shall meet and confer to discuss and forthwith schedule the deposition within the next 21 days at a mutually convenient time and place. (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 35 REPLY to #32 MOTION for Protective Order filed by Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit D-E (Grannis, Frederic) Modified event to reflect reply to motion on 1/15/2014. (MAJ) |
| Filing 34 RESPONSE to #32 MOTION for Protective Order , filed by Plaintiff Bryan Stewart. Replies due by 1/17/2014. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Eglet, Robert) |
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Filing 33
ORDER that #32 MOTION for Protective Order is GRANTED to the extend a temporary protective is entered precluding the Rule 30(b)(6) depositions noticed for December 27, 2013, in Las Vegas, Nevada, from going forward as scheduled. Plaintiff shall have until January 7, 2014, to file a response to the motion. Defendant Caterpillar shall have until January 14, 2014, in which to file a reply. A hearing on the Motion for Protective Order #32 is scheduled for Tuesday, January 21, 2014, at 10:00 a.m. Signed by Magistrate Judge Peggy A. Leen on 12/26/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 32 MOTION for Protective Order by Defendant Caterpillar, Inc.. Motion ripe 12/23/2013. (Attachments: #1 Exhibit A-C to Grannis Declaration ISO Motion for Protective Order, #2 Declaration of Kurt Wrage ISO Motion for Protective Order)(Grannis, Frederic) |
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Filing 31
ORDER that #28 Motion to Extend Discovery is DENIED. Signed by Magistrate Judge Peggy A. Leen on 12/5/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 30 REPLY to Response to #28 First MOTION to Extend Time regarding discovery/nondispositive matter (First Request) filed by Plaintiff Bryan Stewart. (Christiansen, Peter) |
| Filing 29 RESPONSE to #28 First MOTION to Extend Time regarding discovery/nondispositive matter (First Request) , filed by Defendant Caterpillar, Inc.. Replies due by 11/10/2013. (Diamond, Kevin) |
| Filing 28 First MOTION to Extend Time regarding discovery/nondispositive matter (First Request) by Plaintiff Bryan Stewart. Motion ripe 10/29/2013. (Eglet, Robert) |
| Filing 27 Interim STATUS REPORT by Defendant Caterpillar, Inc.. (Diamond, Kevin) |
| Filing 26 OBJECTION to Trial Exhibits Identified in Plaintiff's Initial Disclosure filed by Defendant Caterpillar, Inc.. (Diamond, Kevin) |
| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, on 5/3/2013. IT IS ORDERED that this case is reassigned to Judge Andrew P. Gordon for all further proceedings. Judge Miranda M. Du no longer assigned to case. All further documents must bear the correct case number 2:13-cv-333-APG-PAL. (no image attached) (Copies have been distributed pursuant to the NEF - EDS) |
| Filing 24 (1st Notice) NOTICE: of Non-Compliance with Special Order 109: that Frederic F. Grannis and Steven D. Di Saia are in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s).(no image attached) (RFJ) |
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Filing 23
SCHEDULING ORDER re #22 Proposed Discovery Plan/Scheduling Order. Discovery due by 12/27/2013. Motions due by 1/24/2014. Proposed Joint Pretrial Order due by 2/21/2014. Signed by Magistrate Judge Peggy A. Leen on 4/23/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 22 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Bryan Stewart . (Eglet, Robert) |
| Filing 21 NOTICE of Entry of #18 Order Granting Verified Petition for Permission to Practice Pro Hac Vice for Attorney Frederic F. Grannis and Approving Kevin R. Diamond as Designation of Local Counsel for Caterpillar, Inc. by Caterpillar, Inc.. (Diamond, Kevin) |
| Filing 20 NOTICE of Entry of #19 Order Granting Verified Petition for Permission to Practice Pro Hac Vice for Attorney Steven D. Di Saia and Approving Kevin R. Diamond as Designation of Local Counsel for Caterpillar, Inc. by Caterpillar, Inc.. (Diamond, Kevin) |
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Filing 19
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Steven D. Di Saia and approving Attorney Kevin R. Diamond as Designation of Local Counsel for Caterpillar, Inc. Signed by Judge Miranda M. Du on 4/14/2013. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - SLD)
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Filing 18
ORDER Granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Frederic F. Grannis and approving Attorney Kevin R. Diamond as Designation of Local Counsel for Caterpillar, Inc. Signed by Judge Miranda M. Du on 4/14/2013. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 17 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Steven D. Di Saia and DESIGNATION of Local Counsel Kevin Diamond (Filing fee $ 200 receipt number 0978-2777139) filed by Defendant Caterpillar, Inc. . Motion ripe 4/12/2013. (Diamond, Kevin) |
| Filing 16 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Frederic F. Grannis and DESIGNATION of Local Counsel Kevin Diamond (Filing fee $ 200 receipt number 0978-2777110) filed by Defendant Caterpillar, Inc. . Motion ripe 4/12/2013. (Diamond, Kevin) |
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Filing 15
ORDER Granting #14 Motion to Substitute Attorney. Attorney Jeremy R. Kibler is substituted in place and stead of Joshua D Cools and Daniel S. Rodman for Defendant Robert B. Somerville Co., Ltd.. Signed by Magistrate Judge Peggy A. Leen on 4/5/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 14 MOTION to Substitute Attorney on behalf of Defendant Robert B. Somerville Co. Limited. (Kilber, Jeremy) Modified event on 4/4/2013. (MAJ) |
| Filing 13 Joint STATUS REPORT RE: REMOVAL; filed by Plaintiff Bryan Stewart. (Eglet, Robert) |
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Filing 12
STANDING ORDER. Signed by Judge Miranda M. Du on 3/15/2013. (Copies have been distributed pursuant to the NEF - PAV)
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| Filing 11 CERTIFICATE of Interested Parties filed by Robert B. Somerville Co. Limited that identifies all parties that have an interest in the outcome of this case. Corporate Parent Robert McAlpine Ltd. for Robert B. Somerville Co. Limited added. (Cools, Joshua) |
| Filing 10 STATEMENT RE: REMOVAL filed by Defendant Robert B. Somerville Co. Limited. (Cools, Joshua) |
| Filing 9 CERTIFICATE of Interested Parties filed by Bryan Stewart. There are no known interested parties other than those participating in the case . (Eglet, Robert) |
| Filing 8 ANSWER to Amended Complaint with Jury Demand re #1 Petition for Removal filed by Caterpillar, Inc..(Diamond, Kevin) |
| Filing 7 CERTIFICATE of Interested Parties filed by Caterpillar, Inc. that identifies all parties that have an interest in the outcome of this case.. (Diamond, Kevin) |
| Filing 6 DEMAND for Trial by Jury by Defendant Caterpillar, Inc.. (Diamond, Kevin) |
| Filing 5 DEMAND for Trial by Jury by Defendant Robert B. Somerville Co. Limited. (Cools, Joshua) |
| Filing 4 ANSWER to Amended Complaint with Jury Demand re #1 Petition for Removal, filed by Robert B. Somerville Co. Limited. Certificate of Interested Parties due by 3/15/2013. Discovery Plan/Scheduling Order due by 4/19/2013.(Cools, Joshua) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 2/27/2013. By Deputy Clerk: Aaron Blazevich. Statement regarding removed action is due by 3/17/2013. Joint Status Report regarding removed action is due by 4/1/2013. (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. A copy of form AO 85 has been mailed to parties not receiving electronic service. (no image attached) (ASB) |
| Filing 1 PETITION FOR REMOVAL from District Court Clark County, Nevada, Case Number A-12-673120-C, (Filing fee $ 350 receipt number 0978-2720867), filed by Robert B. Somerville Co. Limited. Certificate of Interested Parties due by 3/9/2013. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (Cools, Joshua) |
| Case assigned to Judge Miranda M. Du and Magistrate Judge Peggy A. Leen. (ASB) |
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