BK TRUCKING CO. v. CATERPILLAR INC.
BK TRUCKING CO., LEROY BOLTON TRUCKING CO. and EAGLE VALLEY SOUTH, INC. |
CATERPILLAR INC. |
CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION |
1:2013cv02076 |
April 2, 2013 |
US District Court for the District of New Jersey |
Camden Office |
Gloucester |
Joel Schneider |
Jerome B Simandle |
Contract Product Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on November 17, 2017. A more recent docket listing may be available from PACER.
Document Text |
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Filing 81 Letter from Natalie Finkelman Bennett to Hon. Jerome B. Simandle. (BENNETT, NATALIE) |
***Civil Case Terminated. (tf, ) |
Filing 80 FINAL APPROVAL ORDER AND JUDGMENT. Signed by Chief Judge Jerome B. Simandle on 9/20/2016. (tf, ) |
Filing 79 NOTICE by BK TRUCKING CO. Cancellation of Deposition of Anne Grimstad scheduled for December 17, 2014 (KROEGER, LESLIE) |
Filing 78 ORDER administratively terminating without prejudice #65 Motion to Dismiss for failure to state a claim, etc. Signed by Chief Judge Jerome B. Simandle on 8/14/14. (js) |
Filing 77 Order of MDL Panel transferring certain actions to this court. (dd, ) |
Filing 76 TEXT ORDER The Court has canceled the in-person status conference previously set on April 24, 2014. The parties shall advise the Court when the MDL transfer motion is decided. Ordered by Magistrate Judge Joel Schneider on April 16, 2014. (jk) |
Filing 75 TEXT ORDER: In light of defendant's motion to transfer currently pending before the Judicial Panel on Multidistrict Litigation, the Court will refrain from scheduling oral argument on defendant's motion to dismiss [Docket Item #65] at this time. Ordered by Chief Judge Jerome B. Simandle on 4/15/14. (mb, ) |
Filing 74 REPLY BRIEF to Opposition to Motion filed by CATERPILLAR INC. re #65 MOTION to Dismiss (Attachments: #1 Certificate of Service)(FALGIANI, JOSEPH) |
Filing 73 Transcript of Proceedings held on 1/7/2014, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING ((856) 435-7172). Tape Number: 593. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 3/17/2014. Redacted Transcript Deadline set for 3/27/2014. Release of Transcript Restriction set for 5/27/2014. (drw) (Main Document 73 replaced on 2/26/2014) (dd). |
Filing 72 LETTER addressed to Mr. Falgiani granting his request for an extension of time to file deft's reply brief to 3/3/14. Signed by Chief Judge Jerome B. Simandle on 2/20/14. (js) |
Filing 71 Letter from Joseph F. Falgiani re #65 MOTION to Dismiss . (FALGIANI, JOSEPH) |
Filing 70 MEMORANDUM in Opposition filed by BK TRUCKING CO., EAGLE VALLEY SOUTH, INC., LEROY BOLTON TRUCKING CO. re #65 MOTION to Dismiss (Attachments: #1 Certificate of Service)(SHAH, JAMES) |
Filing 69 CONSENT ORDER AMENDING DISCOVERY CONFIDENTIALITY ORDER [Doc.No.22]. Signed by Magistrate Judge Joel Schneider on 1/27/14. (js) |
Filing 68 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #65 MOTION to Dismiss . (Attachments: #1 Certificate of Service)(BENNETT, NATALIE) |
Resetting Deadlines as to #65 MOTION to Dismiss . Motion reset for 3/3/2014 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
Filing 67 Exhibit to #65 Motion to Dismiss by CATERPILLAR INC.. (FALGIANI, JOSEPH) |
Filing 66 ANSWER to Amended Complaint by CATERPILLAR INC.. (Attachments: #1 Certificate of Service)(FALGIANI, JOSEPH) |
Filing 65 MOTION to Dismiss by CATERPILLAR INC.. (Attachments: #1 Proposed Order, #2 Certification of Service of Motion to Dismiss)(FALGIANI, JOSEPH) |
Setting Deadlines as to #65 MOTION to Dismiss . Motion set for 2/18/2014 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
Filing 64 AMENDED SCHEDULING ORDER: In-person Status Conference set for 4/24/2014 at 11:00 AM before Magistrate Judge Joel Schneider. Amended Pleadings due by 1/31/2014. Pretrial Factual Discovery due by 7/31/2014. Signed by Magistrate Judge Joel Schneider on 1/10/2014. (dmr) |
Filing 63 TEXT ORDER denying #52 Motion to Compel -- The Court having conducted oral argument on January 8, 2014; and it appearing that the parties resolved their discovery dispute, it is hereby ORDERED that plaintiffs' Motion to Compel Discovery is DENIED without prejudice. By no later than January 23, 2014, the parties shall serve their proposed Consent Order resolving their discovery dispute. Ordered by Magistrate Judge Joel Schneider on 1/9/14. (Schneider, Joel) |
Filing 62 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Status Conference held on 1/7/2014. (CD #593) (js) |
Filing 61 RESPONSE in Support filed by BK TRUCKING CO., EAGLE VALLEY SOUTH, INC., LEROY BOLTON TRUCKING CO. re #52 MOTION to Compel (Attachments: #1 Declaration of Natalie Finkelman Bennett in Support of Motion to Compel, #2 Exhibit 1 to Dec of Natalie Finkelman Bennett, #3 Exhibit 2 to Decl of Natalie Finkelman Bennett, #4 Certificate of Service)(BENNETT, NATALIE) |
Filing 60 MEMORANDUM in Opposition filed by CATERPILLAR INC. re #52 MOTION to Compel (Attachments: #1 Ex A Email dated 11 5 13, #2 Ex B Email from Leopold dated 11 5 13, #3 Ex C Medical Diagnositc Imaging Opinion, #4 Ex D Consent Order, #5 Ex E Excerpts from CAT's Supplemental Reponses to 1st Request for Docs, #6 Ex F Exerpts from CAT reponses to 1st set of Interrogatories, #7 Ex G Excerpts from CATs Amended Reponses to pltfs 3rd Request for docs in Salud, #8 Certification In Opposition to Motion to Compel, #9 Certification of Service for Oppostion to Motion to Compel)(FALGIANI, JOSEPH) |
Filing 59 Transcript of Proceedings held on 11/6/2013, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING ((856) 435-7172). Tape Number: 588. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 1/8/2014. Redacted Transcript Deadline set for 1/20/2014. Release of Transcript Restriction set for 3/18/2014. (drw) |
Filing 58 Application and Proposed Order for Clerk's Order to extend time to answer as to Caterpillar Inc... (FALGIANI, JOSEPH) |
Filing 57 Corporate Disclosure Statement by LEROY BOLTON TRUCKING CO.. (SHAH, JAMES) |
Filing 56 Corporate Disclosure Statement by EAGLE VALLEY SOUTH, INC.. (SHAH, JAMES) |
Filing 55 AMENDED COMPLAINT against CATERPILLAR INC., filed by BK TRUCKING CO., EAGLE VALLEY SOUTH, INC., LEROY BOLTON TRUCKING CO.. (Attachments: #1 Certificate of Service)(SHAH, JAMES) |
Clerk`s Text Order - The document #58 Application for Clerk's Order to Ext Answer/Proposed Order submitted by CATERPILLAR INC. has been GRANTED. The answer due date has been set for 1/15/2014. (tf, ) |
Filing 54 CONSENT ORDER, pltf. is granted leave to file and serve the attached amended complaint by 12/23/13, etc. Signed by Magistrate Judge Joel Schneider on 12/16/13. (js) |
Filing 53 STIPULATION (Consent Order) by BK TRUCKING CO.. (Attachments: #1 Exhibit 1 - Amended Complaint, #2 Certificate of Service)(BENNETT, NATALIE) |
Filing 52 MOTION to Compel by BK TRUCKING CO.. (Attachments: #1 Brief, #2 Declaration of Natalie Finkelman Bennett, #3 Text of Proposed Order, #4 Certificate of Service)(BENNETT, NATALIE) |
Filing 51 Letter from Joseph F. Falgiani and Natalie Finkelman Bennett. (FALGIANI, JOSEPH) |
Setting Deadlines as to #52 MOTION to Compel . Motion set for 1/6/2014 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
Filing 50 LETTER ORDER GRANTING request to extend the deadline to seek an amendment to the pleading or to add new parties to 12/16/13. Signed by Magistrate Judge Joel Schneider on 11/20/13. (js) |
Filing 49 Notice of Request by Pro Hac Vice Leslie M. Kroeger to receive Notices of Electronic Filings. (SHAH, JAMES) |
Filing 48 Notice of Request by Pro Hac Vice Theodore J. Leopold to receive Notices of Electronic Filings. (SHAH, JAMES) |
Pro Hac Vice fee as to Leslie M. Kroeger: $ 150, receipt number TRE37757. (js) |
Filing 47 AMENDED SCHEDULING ORDER: Status Conference set for 1/7/2014 @11:00 AM before Magistrate Judge Joel Schneider, etc. Signed by Magistrate Judge Joel Schneider on 11/7/13. (js) |
Filing 46 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: In-Person Status Conference held on 11/6/2013. (CD #588) (js) |
Filing 45 CONSENT ORDER, Re: Discovery Requests. Signed by Magistrate Judge Joel Schneider on 11/6/13. (js) |
Filing 44 Notice of Request by Pro Hac Vice Seth Lehrman to receive Notices of Electronic Filings. (SHAH, JAMES) |
Filing 43 Notice of Request by Pro Hac Vice Jonathan Shub to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-5336151.) (GEORGE, SCOTT) |
Filing 42 ORDER granting #33 Motion for Leave to Appear Pro Hac Vice(Jonathan Shub). Signed by Magistrate Judge Joel Schneider on 11/6/13. (js) |
Pro Hac Vice fee as to Seth Lehrman: $ 150, receipt number TRE37713. (js) |
Pro Hac Vice fee as to Theodore J. Leopold: $ 150, receipt number TRE37714. (js) |
Filing 41 ORDER granting #38 Motion for Leave to Appear Pro Hac Vice(Leslie M. Kroeger). Signed by Magistrate Judge Joel Schneider on 10/30/13. (js) |
Filing 40 ORDER granting #37 Motion for Leave to Appear Pro Hac Vice(Theodore J. Leopold). Signed by Magistrate Judge Joel Schneider on 10/29/13. (js) |
Filing 39 ORDER granting #36 Motion for Leave to Appear Pro Hac Vice(Seth Lehrman). Signed by Magistrate Judge Joel Schneider on 10/29/13. (js) |
Filing 38 MOTION for Leave to Appear Pro Hac Vice of Leslie M. Kroeger by BK TRUCKING CO.. (Attachments: #1 Certification of James C. Shah, #2 Certification of Leslie M. Kroeger, #3 Statement as to Why No Brief is Necessary, #4 Text of Proposed Order, #5 Certificate of Service)(SHAH, JAMES) |
Setting Deadlines as to #38 MOTION for Leave to Appear Pro Hac Vice of Leslie M. Kroeger. Motion set for 12/2/2013 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
Setting Deadlines as to #37 MOTION for Leave to Appear Pro Hac Vice of Theodore J. Leopold. Motion set for 12/2/2013 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
Filing 37 MOTION for Leave to Appear Pro Hac Vice of Theodore J. Leopold by BK TRUCKING CO.. (Attachments: #1 Certification of Theodore J. Leopold, #2 Certification of James C. Shah, #3 Statement as to Why No Brief is Necessary, #4 Text of Proposed Order, #5 Certificate of Service)(SHAH, JAMES) |
Setting Deadlines as to #36 MOTION for Leave to Appear Pro Hac Vice of Seth Lehrman. Motion set for 11/18/2013 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
Filing 36 MOTION for Leave to Appear Pro Hac Vice of Seth Lehrman by BK TRUCKING CO.. (Attachments: #1 Certification of James C. Shah, #2 Certification of Seth Lehrman, #3 Brief as to Why No Brief is Necessary, #4 Text of Proposed Order, #5 Certificate of Service)(SHAH, JAMES) |
Filing 35 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 10/17/2013. (CD #586) (js) |
Filing 34 DECLARATION of Jonathan Shub re #33 MOTION for Leave to Appear Pro Hac Vice for Jonathan Shub by BK TRUCKING CO.. (GEORGE, SCOTT) |
Pro Hac Vice fee as to Richard J. Burke : $ 150, receipt number TRE037048. (js) |
Setting Deadlines as to #33 MOTION for Leave to Appear Pro Hac Vice for Jonathan Shub. Motion set for 11/18/2013 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
CLERK'S OFFICE QUALITY CONTROL MESSAGE - The Declaration[33-1] submitted by SCOTT A. GEORGE on 10/14/13 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE using the event "Declaration" found under "Other Documents". Please link your new entry to the already filed motion #33 . This submission will remain on the docket unless otherwise ordered by the court. (js) |
Filing 33 MOTION for Leave to Appear Pro Hac Vice for Jonathan Shub by BK TRUCKING CO.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order, #5 Certificate of Service)(GEORGE, SCOTT) |
Filing 32 NOTICE of Appearance by SCOTT A. GEORGE on behalf of BK TRUCKING CO. (Attachments: #1 Certificate of Service)(GEORGE, SCOTT) |
Filing 31 TEXT ORDER -- The Court having received the parties' October 13, 2013 letter identifying their discovery disputes; and the Court raising this matter sua sponte; and the Court finding that it needs to reserve a significant block of time to address the parties' disputes; and good cause existing for the entry of this Order, it is hereby ORDERED that the in-person conference scheduled on October 17, 2013 at 11:00 a.m. is converted to a phone conference to be arranged by plaintiffs' counsel. Amongst other issues the Court will address with the parties is its request for a "tutorial" on the engine and technology at issue so it can make informed decisions on the parties' discovery disputes. The Court has rescheduled the in-person hearing on the parties' discovery disputes to November 6, 2013 at 1:30 p.m.. Ordered by Magistrate Judge Joel Schneider on 10/11/13. (Schneider, Joel) |
Filing 30 Certification of Natalie Finkelman Bennett on behalf of BK TRUCKING CO.. (Attachments: #1 Certificate of Service)(BENNETT, NATALIE) |
Filing 29 Certification of Joseph F. Falgiani on behalf of CATERPILLAR INC.. (Attachments: #1 Certificate of Service)(FALGIANI, JOSEPH) |
Filing 28 LETTER ORDER GRANTING request to meet and confer and provide to this Court, on or before October 10, 2013, a joint submission on any remaining discovery disputes. Signed by Magistrate Judge Joel Schneider on 10/2/13. (js) |
Filing 27 ORDER granting #26 Motion for Leave to Appear Pro Hac Vice(Richard J. Burke). Signed by Magistrate Judge Joel Schneider on 9/27/13. (js) |
Filing 26 MOTION for Leave to Appear Pro Hac Vice of Richard J. Burke by BK TRUCKING CO.. (Attachments: #1 Statement as to Why No Brief is Necessary, #2 Certification of James C. Shah, #3 Certification of Richard J. Burke, #4 Text of Proposed Order, #5 Certificate of Service)(SHAH, JAMES) |
Setting Deadlines as to #26 MOTION for Leave to Appear Pro Hac Vice of Richard J. Burke. Motion set for 10/21/2013 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
Filing 25 Letter from Natalie Finkelman Bennett to the Hon. Joel Schneider. (Attachments: #1 Certificate of Service)(BENNETT, NATALIE) |
Filing 24 LETTER ORDER, e-discovery dispute submissions shall be served by 9/23/13. Signed by Magistrate Judge Joel Schneider on 9/6/13. (js) |
Filing 23 CONSENT ORDER Implementing Rule 502(D) of the Federal Rules of Evidence. Signed by Magistrate Judge Joel Schneider on 7/24/2013. (dmr) |
Filing 22 Discovery Confidentiality Order. Signed by Magistrate Judge Joel Schneider on 7/24/2013. (dmr) |
Filing 21 AFFIDAVIT/Certification in support of discovery confidentiality order of Joseph F. Falgiani and James C. Shah by CATERPILLAR INC.. (Attachments: #1 Cert of Shah in support of Confidentiality Order, #2 Text of Proposed Order, #3 Text of Proposed Order Order 502 (D), #4 Certification of Service with Confidentiality Order etc)(FALGIANI, JOSEPH) |
Filing 20 SCHEDULING ORDER: Status Conference set for 10/17/2013 @11:00 AM before Magistrate Judge Joel Schneider. Amended Pleadings due by 12/2/2013. Discovery due by 2/28/2014. Disp. Motions due by 6/16/2015. Signed by Magistrate Judge Joel Schneider on 7/9/13. (js) |
Filing 19 MAGISTRATE JUDGE SCHNEIDER'S STANDING ORDER IN ALL CIVIL CASES. Signed by Magistrate Judge Joel Schneider on 7/9/13. (js) |
Filing 18 ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI")(ELECTRONIC DISCOVERY). Signed by Magistrate Judge Joel Schneider on 7/9/13. (js) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Initial Conference held on 7/9/2013. (se, ) |
Filing 17 Joint Discovery Plan by CATERPILLAR INC.. (Attachments: #1 Certification of Service)(FALGIANI, JOSEPH) |
Filing 16 TEXT ORDER Due to a scheduling conflict, the Court has rescheduled the Initial Scheduling Conference previously set on July 2, 2013. The new date and time for the in-person Initial Scheduling Conference is July 9, 2013 at 10:30 a.m. Ordered by Magistrate Judge Joel Schneider on June 3, 2013. (jk) |
Filing 15 TEXT ORDER Upon letter application of counsel and all parties consenting, the Court has rescheduled the Initial Scheduling Conference originally set on June 19, 2013. The new date and time for the in-person Initial Scheduling Conference is July 2, 2013 at 11:00 a.m. Ordered by Magistrate Judge Joel Schneider on May 30, 2013. (jk) Modified on 6/3/2013 (jk). |
Filing 14 Order, Initial Conference set for 6/19/2013 @ 10:30 AM in Room 2060 before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 5/15/13. (js) |
Filing 13 Corporate Disclosure Statement by CATERPILLAR INC. identifying Caterpillar Inc. as Corporate Parent.. (KEALE, JAMES) |
Filing 12 ANSWER to Complaint with JURY DEMAND by CATERPILLAR INC.. (Attachments: #1 Civil Cover Sheet, #2 Corp. Disclosure, #3 Cert of Service of Answer)(KEALE, JAMES) |
Filing 11 Notice of Request by Pro Hac Vice Scott R. Shepherd to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4973155.) (SHAH, JAMES) |
Filing 10 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice(Scott R. Shepherd). Signed by Magistrate Judge Joel Schneider on 4/25/13. (js) |
Filing 9 MOTION for Leave to Appear Pro Hac Vice of Scott R. Shepherd by BK TRUCKING CO.. (Attachments: #1 Certification of James C. Shah, #2 Certification of Scott R. Shepherd, #3 Statement as to Why No Brief is Necessary, #4 Text of Proposed Order, #5 Certificate of Service)(SHAH, JAMES) |
Setting Deadlines as to #9 MOTION for Leave to Appear Pro Hac Vice of Scott R. Shepherd. Motion set for 5/20/2013 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (js) |
Filing 8 SUMMONS Returned Executed by BK TRUCKING CO.. CATERPILLAR INC. served on 4/9/2013, answer due 5/14/2013. (SHAH, JAMES) |
Filing 7 AFFIDAVIT of Service of Complaint and Summons served on Caterpillar Inc. on 04/09/2013, filed by BK TRUCKING CO.. (SHAH, JAMES) |
Clerk`s Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by CATERPILLAR INC. has been GRANTED. The answer due date has been set for 5/14/13. (js) |
Filing 6 NOTICE of Appearance by JAMES HOLSEY KEALE on behalf of CATERPILLAR INC. (Attachments: #1 Certification of Service of Notice of Appearance of JHK)(KEALE, JAMES) |
Filing 5 NOTICE of Appearance by JOSEPH F FALGIANI on behalf of CATERPILLAR INC. (Attachments: #1 Certification of Service of Notice of Appearance for J Falgiani)(FALGIANI, JOSEPH) |
Filing 4 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant Caterpillar Inc.. Attorney JOSEPH F FALGIANI for CATERPILLAR INC. added. (FALGIANI, JOSEPH) |
Filing 3 Corporate Disclosure Statement by BK TRUCKING CO.. (SHAH, JAMES) |
CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. Pro. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party. Please refer to the Court's website at www.njd.uscourts.gov for a form and filing instructions. (bdk, ) |
Filing 2 SUMMONS ISSUED as to CATERPILLAR INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Brian D. Kemner* (bdk, ) |
Filing 1 COMPLAINT against CATERPILLAR INC. ( Filing fee $ 350 receipt number 0312-4921346) with JURY DEMAND, filed by BK TRUCKING CO.. (Attachments: #1 Civil Cover Sheet)(bdk, ) |
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