CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION
Plaintiff: BAILEY COACH INC., BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, DECAMP BUS LINES, EAGLE VALLEY SOUTH, INC., EASTON COACH COMPANY, Eclipse Charters & Tours, LLC, First Priority Tours, Inc., G&G SPECIALIZED CARRIERS, GENTRY COACH, Harmon Bros. Charter Services, Inc., JKS Limousine LLC, K Double D, Inc,, KLS Enterprises, LLC, Kelton Tours Unlimited Limited Liability Company, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., NW NAVIGATOR LUXURY COACHES LLC, RBL Wisconsin, Inc., Ready Bus Line, Roadrunner Charters, Inc., S&M Mercado, Inc., Salud Services, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, Tri-City Charter of Bossier Inc, U.S. Transport, Vol-Ten Corp., RICKY A. WILLIAMS, White Knight Limousine, Inc., Windy City Limousine LLC, MORRIS, INC., GENTRY COACH 14-3734 doing business as GENTRY TRAILWAYS and Vol-Ten Corp. 14-3731 doing business as Delta Charter Service
Defendant: CATERPILLAR INC.
Petitioner: JANIE A. AGUIAR and JANIE A. AGUIAR doing business as Nevada Trucking
Lead Plaintiff: Vandalia Bus Lines, Inc.
Interested Party: Class Action Capital Recovery, LLC
Claimant: Armatura, L.L.C. and Armatura, L.L.C. Claimants Armatura LLC, Petrochem Transport, LLC, Chris Wright, and PTI Logistics, Inc., d/b/a Rio Logistics
Not Classified By Court: DENNIS M. CAVANAUGH
Intervenor: T. W. Hedfelt and Rush Truck Centers of Texas, L.P. d/b/a Rush Truck Center-Pharr
In Re: CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION
Case Number: 1:2014cv03722
Filed: June 11, 2014
Court: US District Court for the District of New Jersey
Office: Camden Office
County: Camden
Presiding Judge: Joel Schneider
Referring Judge: Jerome B Simandle
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 19, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2018 Opinion or Order Filing 292 ORDER re #291 Letter Request Regarding Status Update On Processing and Payment of Claims. Signed by Judge Jerome B. Simandle on 7/19/2018. (tf, )
July 16, 2018 Filing 291 Letter from James E. Cecchi Regarding Status Update On Processing and Payment of Claims re #290 Order. (CECCHI, JAMES)
July 2, 2018 Opinion or Order Filing 290 ORDER that Class Counsel and Epiq submit an updated status report and recommendation by July 16, 2018. Signed by Judge Jerome B. Simandle on 7/2/2018. (tf, )
June 11, 2018 Filing 289 Letter from James E. Cecchi Regarding Update On Claims Processing. (Attachments: #1 Declaration of Michael R. O'Connor)(CECCHI, JAMES)
May 8, 2018 Opinion or Order Filing 288 ORDER re #287 Letter for partial distribution. Signed by Judge Jerome B. Simandle on 5/3/2018. (tf, )
May 3, 2018 Filing 287 Letter from James E. Cecchi Regarding Possible Partial Distribution re #277 Letter, #280 Letter, #278 Order, #282 Letter, #276 Order, #275 Letter. (CECCHI, JAMES)
April 25, 2018 Filing 286 AMENDED DOCUMENT by Rush Truck Centers of Texas, L.P. d/b/a Rush Truck Center-Pharr. Amendment to #285 Notice to Withdraw from NEF as to Case, #283 Notice to Withdraw from NEF as to Case, #284 Notice to Withdraw from NEF as to Case . (WALSH, LIZA)
April 25, 2018 Filing 285 Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney SELINA MIRIAM ELLIS terminated. (ELLIS, SELINA)
April 25, 2018 Filing 284 Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney MARC D. HAEFNER terminated. (HAEFNER, MARC)
April 25, 2018 Filing 283 Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney LIZA M. WALSH terminated. (WALSH, LIZA)
April 25, 2018 Filing 282 Letter from James E. Cecchi Regarding Distribution re #280 Letter, #278 Order. (CECCHI, JAMES)
April 25, 2018 Filing 281 NOTICE of Appearance by WILLIAM R. STUART, III on behalf of Class Action Capital Recovery, LLC (STUART, WILLIAM)
April 25, 2018 Filing 280 Letter from Jeffrey J. Greenbaum to Judge Simandle on behalf of Class Action Capital Recovery, LLC in response to Judge Simandle's April 18, 2018 letter re #278 Order. (GREENBAUM, JEFFREY)
April 25, 2018 Filing 279 NOTICE of Appearance by JEFFREY J. GREENBAUM on behalf of Class Action Capital Recovery, LLC (GREENBAUM, JEFFREY)
April 18, 2018 Filing 278 LETTER addressed to Mr. Cecchi; re: Response to #277 Letter. Signed by Judge Jerome B. Simandle on 4/18/2018. (tf, )
April 17, 2018 Filing 277 Letter from James E. Cecchi re #276 Order. (Attachments: #1 Declaration of Michael R. O'Connor, Esq.)(CECCHI, JAMES)
April 11, 2018 Filing 276 LETTER addressed to Mr. Cecchi; re: Response to #275 Letter. Signed by Judge Jerome B. Simandle on 4/10/2018. (tf, )
April 6, 2018 Filing 275 Letter from James E. Cecchi Regarding Issue With Claims Administration. (CECCHI, JAMES)
November 17, 2017 Filing 274 Letter from James E. Cecchi Regarding Letter from Class Member re #273 Letter. (CECCHI, JAMES)
November 15, 2017 Filing 273 Letter from Craig Campbell; re: reinstating claim with the Caterpillar Engine Settlement. (tf, )
June 30, 2017 Opinion or Order Filing 272 ORDER dismising as moot #268 Motion for Extension of Time to File; dismissing as moot #269 Motion for Extension of Time to File; granting #223 Motion to opt out of the class action settlement ; denying #224 Motion to Enforce Judgment; granting #225 Motion to opt out of the class action settlement; ORDERED that Aguiar and Armatura shall have fourteen (14) ays from the entry of this Order to file opt-out notices, etc.; ORDERED that the Clerk shall CLOSE this case. Signed by Judge Jerome B. Simandle on 6/30/2017. (dmr)
June 30, 2017 Filing 271 OPINION. Signed by Judge Jerome B. Simandle on 6/30/2017. (dmr)
June 30, 2017 ***Civil Case Terminated. (dmr)
March 27, 2017 Filing 270 Transcript of Proceedings held on 1/27/2017, before Judge JEROME B. SIMANDLE. Court Reporter/Transcriber Lisa Marcus (856-968-4986). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 4/17/2017. Redacted Transcript Deadline set for 4/27/2017. Release of Transcript Restriction set for 6/26/2017. (tf, )
March 27, 2017 Filing 269 Emergency MOTION for Extension of Time to File Claim Form by JANIE A. AGUIAR. (tf, )
March 27, 2017 Set/Reset Deadlines as to #269 MOTION for Extension of Time to File. Motion set for 5/1/2017 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
March 20, 2017 Set/Reset Deadlines as to #268 Emergency MOTION for Extension of Time to File UNOPPOSED Emergency Motion for an Extension of Time for Armatura Plaintiffs to File Claim Form. Motion set for 4/17/2017 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
March 17, 2017 Filing 268 Emergency MOTION for Extension of Time to File UNOPPOSED Emergency Motion for an Extension of Time for Armatura Plaintiffs to File Claim Form by Armatura, L.L.C.. (Attachments: #1 Statement In Lieu of Brief, #2 Text of Proposed Order Granting, #3 Certificate of Service)(BOLDT, PAIGE)
February 7, 2017 Filing 267 MEMORANDUM in Opposition filed by CATERPILLAR INC. re #223 MOTION TO OPT OUT OF CLASS ACTION SETTLEMENT (Attachments: #1 A_ excerpt from 6_24_16 Aguiar depo, #2 Certificate of Service)(KEALE, JAMES)
January 30, 2017 Opinion or Order Filing 266 ORDER granting #232 T.W. Hedfelt's motion to intervene for the limited purpose of joining Caterpillar Inc.'s motion to enforce the Final Approval Order and Judgment against the Armatura Plaintiffs; granting #236 Motion to Seal Document; granting #226 Caterpillar Inc.'s motion to enforce the Final Approval Order and Judgment and for a Permanent Injunction Against Red Watson Logging, Inc.; granting #228 Rush Truck Centers of Texas, L.P.'s motion to intervene for the limited purpose of joining Caterpillar Inc.'s motion to enforce the Final Approval Order and Judgment against the Armatura Plaintiffs.. Signed by Chief Judge Jerome B. Simandle on 1/27/2017. (tf, )
January 30, 2017 Filing 265 Letter from Tom Rorie dated 1/26/2017. (dmr)
January 27, 2017 Filing 264 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Motion Hearing held on 1/27/2017. Hearing on motion #223 by Janie Aguiar to Opt Out of the Class Action. Ordered Decision Reserved. Hearing on motion #224 to enforce settlement by Caterpillar. Ordered Decision Reserved. Hearing on Motion #225 for leave to file. Ordered Decision Reserved. Hearing on motion #226 for settlement by Caterpillar. Ordered motion granted. Hearing on motion #228 to intervene by Rush. Ordered motion granted. Hearing on motion #232 to intervene by Hedfelt. Ordered motion granted. Hearing on motion #236 to seal by Armatura. Ordered motion granted. (Court Reporter/Recorder Lisa Marcus.) (dmr)
January 26, 2017 Opinion or Order Filing 263 ORDER granting #262 Motion for Leave to Appear Pro Hac Vice as to Ryan S. Henry, Esq.; shall make a payment of $150.00 to the Clerk of the United States District Court within twenty (20) days from entry of this Order. Signed by Chief Judge Jerome B. Simandle on 1/26/2017. (tf, )
January 26, 2017 Filing 262 MOTION for Leave to Appear Pro Hac Vice (Ryan Henry) by JANIE A. AGUIAR. (tf, )
January 18, 2017 Opinion or Order Filing 261 MDL TEXT ORDER : The Court has received the Armatura Plaintiffs letter of January 18, 2017. [Docket Item 260.] The Armatura Plaintiffs' request to have Ms. Wallis, admitted pro hac vice, appear at and participate in the January 27, 2017 without Ms. Boldt is granted. So Ordered by Chief Judge Jerome B. Simandle on 1/18/17. (mb, )
January 18, 2017 Filing 260 Letter from counsel for Armatura Plaintiffs seeking to be excused from the January 27, 2017 hearing and allowing Shalimar Wallis (admitted pro hac vice) to appear and handle the hearing. (Attachments: #1 Certificate of Service)(BOLDT, PAIGE)
January 12, 2017 Filing 259 NOTICE by CATERPILLAR INC. to Withdraw Pro Hac Vice Attorney from Electronic Notification (KEALE, JAMES)
January 12, 2017 Opinion or Order Filing 258 ORDER TO REOPEN. Signed by Chief Judge Jerome B. Simandle on 1/11/2017. (tf, )
January 11, 2017 Opinion or Order Filing 257 ORDER that oral argument upon these motions regarding the three pending actions in the Texas state courts shall be convened before the undersigned on Friday, January 27, 2017 at 10:00 A.M. in Courtroom 4A. Signed by Chief Judge Jerome B. Simandle on 1/10/2017. (tf, )
December 22, 2016 Filing 256 Transcript of Proceedings held on 9/20/2016, before Judge JEROME B. SIMANDLE. Court Reporter/Transcriber Lisa Marcus (856-968-4986). 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 1/12/2017. Redacted Transcript Deadline set for 1/23/2017. Release of Transcript Restriction set for 3/22/2017. (tf, )
December 7, 2016 Pro Hac Vice counsel, MINERVA I. ZAMORA and EDMUNDO O. RAMIREZ, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (tf, )
December 6, 2016 Filing 255 Notice of Request by Pro Hac Vice Minerva I. Zamora to receive Notices of Electronic Filings. (Attachments: #1 Receipt of Payment)(WALSH, LIZA)
December 6, 2016 Filing 254 Notice of Request by Pro Hac Vice Edmundo O. Ramirez to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-7520162.) (WALSH, LIZA)
December 1, 2016 Pro Hac Vice fee of $300 received as to Shalimar S. Wallis, Esq., and Jorge L. Mares, Esq., receipt number TRE075226. (jem)
November 22, 2016 Opinion or Order Filing 253 ORDER granting #239 Motion for Leave to Appear Pro Hac Vice as to Edmundo O. Ramirez, Esquire, and Minerva I. Zamora, Esquire; shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 11/22/2016. (tf, )
November 22, 2016 Opinion or Order Filing 252 ORDER granting #247 Motion for Leave to Appear Pro Hac Vice as to Shalimar S. Wallis, Esquire, and Jorge L. Mares, Esquire; shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 11/22/2016. (tf, )
November 22, 2016 Pro Hac Vice fee of $300 received as to Brad K. Howell, Esq. and Matthew W. Caligur, Esq., receipt number TRE075007. (jem)
November 22, 2016 ***Civil Case Terminated. (tf, )
November 16, 2016 Opinion or Order Filing 251 ORDER granting #240 Motion for Leave to Appear Pro Hac Vice as to Brad K. Howell, Esquire, and Matthew W. Caligur, Esquire; shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 11/16/2016. (tf, )
November 16, 2016 ***Civil Case Terminated. (tf, )
November 15, 2016 Filing 250 REPLY to Response to Motion filed by Armatura, L.L.C. re #225 MOTION for Leave to File Armatura Plaintiffs' Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge the Time to Opt Out of the Class Action Settlement (Attachments: #1 Exhibit V, #2 Certificate of Service)(BOLDT, PAIGE)
November 15, 2016 Filing 249 Letter from Liza M. Walsh to Honorable Jerome B. Simandle, U.S.D.J. in Further Support of Motion to Enforce Judgment re #238 Memorandum in Opposition of Motion,. (Attachments: #1 Declaration of Jeri Burgess with Exhibits 1-2)(WALSH, LIZA)
November 15, 2016 Filing 248 BRIEF in Support filed by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION re #224 MOTION to Enforce Judgment (Attachments: #1 Certificate of Service)(KEALE, JAMES)
November 14, 2016 Filing 247 MOTION for Leave to Appear Pro Hac Vice Armatura Plaintiffs' Corrected Motion to Appear Pro Hac Vice by Armatura, L.L.C.. (Attachments: #1 Statement In Lieu of Brief, #2 Certification of Shalimar S. Wallis, #3 Certification of Jorge L. Mares, #4 Certification of Paige Boldt, #5 Certificate of Service, #6 Text of Proposed Order)(BOLDT, PAIGE)
November 14, 2016 Filing 246 Exhibit to #236 Motion to Seal Document, by Armatura, L.L.C.. (Attachments: #1 Exhibit Q, #2 Exhibit R, #3 Exhibit S, #4 Exhibit T, #5 Exhibit U)(BOLDT, PAIGE)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
November 14, 2016 Opinion or Order Filing 245 TEXT ORDER: The Court has received the Armatura Plaintiffs' unopposed motion [Docket Item 243] for an extension of time for the Armatura Plaintiffs to file a reply in support of their Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge the Time to Opt Out of Class Action Settlement [Docket Item 234] and for Caterpillar to file a reply in support of its Motions to Enforce Final Approval Order and Judgment and for Permanent Injunction Against the Armatura Plaintiffs [Docket Item 238]. Noting the consent of all parties, and for good cause shown, the Court will GRANT the motion for extension of time. Both reply briefs shall be due no later than November 15, 2016. So Ordered by Chief Judge Jerome B. Simandle on 11/14/2016. (tf, )
November 14, 2016 CLERK'S QUALITY CONTROL MESSAGE - The Motion for Pro Hac Vice #244 filed by P. Boldt on 11/11/2016 was submitted incorrectly as a Notice. PLEASE RESUBMIT THE Motion USING Motion to Appear Pro Hac Vice. This submission will remain on the docket unless otherwise ordered by the court. (tf, )
November 14, 2016 Set/Reset Deadlines as to #247 MOTION for Leave to Appear Pro Hac Vice Armatura Plaintiffs' Corrected Motion to Appear Pro Hac Vice. Motion set for 12/19/2016 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
November 14, 2016 Set/Reset Deadlines as to #240 MOTION for Leave to Appear Pro Hac Vice . Motion set for 12/5/2016 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
November 11, 2016 Filing 244 NOTICE by Armatura, L.L.C. Armatura Plaintiffs' Notice of Motion (Attachments: #1 Statement In Lieu of Brief, #2 Certification Shalimar S. Wallis, #3 Certification Jorge L. Mares, #4 Certification Paige Boldt, #5 Certificate of Service, #6 Text of Proposed Order)(BOLDT, PAIGE)
November 11, 2016 Filing 243 Emergency MOTION for Extension of Time to File Unopposed Motion for Extension of Time for Both Armatura Plaintiffs' Reply to Defendants', Caterpillar, Inc., Response to Armatura Plaintiffs' Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge The Time to Opt Out of the Class Action Settlement and Caterpillar, Inc.'s Reply to Armatura Plaintiffs' Response in Opposition to Defendants', Caterpillar, Inc., Rush Truck Centers of Texas, LP d/b/a Rush Tuck Center - Pharr, and T.W. Hedfelt, Motions to Enforce Final Approval Order and Judgment and for Permanent Injunction Against the Armatura Plaintiffs by Armatura, L.L.C.. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(BOLDT, PAIGE)
November 11, 2016 Filing 242 NOTICE of Appearance by SELINA MIRIAM ELLIS on behalf of T. W. Hedfelt, Rush Truck Centers of Texas, L.P. d/b/a Rush Truck Center-Pharr (ELLIS, SELINA)
November 11, 2016 Filing 241 NOTICE of Appearance by MARC D. HAEFNER on behalf of T. W. Hedfelt, Rush Truck Centers of Texas, L.P. d/b/a Rush Truck Center-Pharr (HAEFNER, MARC)
November 10, 2016 Filing 240 MOTION for Leave to Appear Pro Hac Vice by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: #1 Brief, #2 Certification, #3 Certification, #4 Certification, #5 Text of Proposed Order, #6 Certificate of Service)(KEALE, JAMES)
November 9, 2016 Set/Reset Deadlines as to #239 MOTION for Leave to Appear Pro Hac Vice . Motion set for 12/5/2016 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
November 8, 2016 Filing 239 MOTION for Leave to Appear Pro Hac Vice by T. W. Hedfelt, Rush Truck Centers of Texas, L.P. d/b/a Rush Truck Center-Pharr. (Attachments: #1 Statement, #2 Certification of Edmundo O. Ramirez, #3 Certification of Minerva I. Zamora, #4 Supporting Certification of Liza M. Walsh, #5 Text of Proposed Order, #6 Certificate of Service)(WALSH, LIZA)
November 8, 2016 CLERK'S QUALITY CONTROL MESSAGE - Please be advised the Exhibits 234-2 & 235-5 submitted by James H. Keale on 11/7/2016 is not filed pursuant to the Courts Transcript Policy. Only certified official court reporters or transcription agencies are permitted to electronically file official court transcripts. The Clerks office has removed this document pursuant to the procedure of the Court and at the Courts direction. This message is for informational purposes. (tf, )
November 7, 2016 Filing 238 MEMORANDUM in Opposition filed by Armatura, L.L.C. re #224 MOTION to Enforce Judgment (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Certificate of Service, #17 Declaration)(BOLDT, PAIGE)
November 7, 2016 Filing 237 Letter from Liza M. Walsh to Honorable Jerome B. Simandle re #225 MOTION for Leave to File Armatura Plaintiffs' Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge the Time to Opt Out of the Class Action Settlement. (WALSH, LIZA)
November 7, 2016 Filing 236 MOTION to Seal Document Armatura Plaintiffs' Motion to Seal Exhibits "P," "Q," "R," "S," "T," and "U" by Armatura, L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit P, #3 Exhibit Q, #4 Exhibit R, #5 Exhibit S, #6 Exhibit T, #7 Exhibit U, #8 Text of Proposed Order, #9 Certificate of Service)(BOLDT, PAIGE)
November 7, 2016 Filing 235 BRIEF in Opposition filed by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION re #223 MOTION TO OPT OUT OF CLASS ACTION SETTLEMENT (Attachments: #1 Certification, #2 Exhibit, #3 Exhibit, #4 Exhibit, # 5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Text of Proposed Order, #9 Certificate of Service)(KEALE, JAMES)
November 7, 2016 Filing 234 BRIEF in Opposition filed by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION re #225 MOTION for Leave to File Armatura Plaintiffs' Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge the Time to Opt Out of the Class Action Settlement (Attachments: #1 Certification, # 2 Exhibit, #3 Text of Proposed Order, #4 Certificate of Service)(KEALE, JAMES)
November 7, 2016 Filing 233 RESPONSE to Motion filed by BAILEY COACH INC., BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., DECAMP BUS LINES, EAGLE VALLEY SOUTH, INC., EASTON COACH COMPANY, Eclipse Charters & Tours, LLC, First Priority Tours, Inc., G&G SPECIALIZED CARRIERS, GENTRY COACH, Harmon Bros. Charter Services, Inc., JKS Limousine LLC, K Double D, Inc,, KLS Enterprises, LLC, Kelton Tours Unlimited Limited Liability Company, LEROY BOLTON TRUCKING CO., EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., MORRIS, INC., NW NAVIGATOR LUXURY COACHES LLC, RBL Wisconsin, Inc., Ready Bus Line, Roadrunner Charters, Inc., S&M Mercado, Inc., Salud Services, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, Tri-City Charter of Bossier Inc, U.S. Transport, Vandalia Bus Lines, Inc., Vol-Ten Corp., RICKY A. WILLIAMS, White Knight Limousine, Inc., Windy City Limousine LLC re #223 MOTION TO OPT OUT OF CLASS ACTION SETTLEMENT, #225 MOTION for Leave to File Armatura Plaintiffs' Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge the Time to Opt Out of the Class Action Settlement (Attachments: #1 Declaration of James C. Shah, #2 Declaration of James E. Cecchi, #3 Certificate of Service)(SHAH, JAMES)
November 3, 2016 Set/Reset Deadlines as to #232 MOTION to Intervene MOTION for Joinder Motion to Enforce Judgment (DE No. 224). Motion set for 12/5/2016 before Chief Judge Jerome B. Simandle. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
November 2, 2016 Filing 232 MOTION to Intervene , MOTION for Joinder Motion to Enforce Judgment (DE No. 224) by T. W. Hedfelt. (Attachments: #1 Brief, #2 Certificate of Service)(WALSH, LIZA)
November 2, 2016 Filing 231 NOTICE of Appearance by LIZA M. WALSH on behalf of T. W. Hedfelt (WALSH, LIZA)
October 31, 2016 Set/Reset Deadlines as to #226 MOTION for Settlement , #228 MOTION to Intervene MOTION for Joinder Motion to Enforce Judgment (DE No. 224). Motion set for 11/21/2016 before Chief Judge Jerome B. Simandle. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
October 28, 2016 Filing 230 BRIEF in Support filed by Armatura, L.L.C. re #225 MOTION for Leave to File Armatura Plaintiffs' Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge the Time to Opt Out of the Class Action Settlement (Attachments: #1 Certification Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Certificate of Service)(BOLDT, PAIGE)
October 28, 2016 Filing 229 Certification on behalf of Armatura, L.L.C. Re #225 Motion for Leave to File,. (BOLDT, PAIGE)
October 28, 2016 Filing 228 MOTION to Intervene , MOTION for Joinder Motion to Enforce Judgment (DE No. 224) by Rush Truck Centers of Texas, L.P. d/b/a Rush Truck Center-Pharr. (Attachments: #1 Brief, #2 Certificate of Service)(WALSH, LIZA)
October 28, 2016 Filing 227 NOTICE of Appearance by LIZA M. WALSH on behalf of Rush Truck Centers of Texas, L.P. d/b/a Rush Truck Center-Pharr (WALSH, LIZA)
October 28, 2016 Filing 226 MOTION for Settlement by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: #1 Brief, #2 Certification, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Text of Proposed Order, #8 Certificate of Service)(KEALE, JAMES)
October 25, 2016 Set/Reset Deadlines as to #225 MOTION for Leave to File Armatura Plaintiffs' Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge the Time to Opt Out of the Class Action Settlement, #224 MOTION to Enforce Judgment . Motion set for 11/21/2016 before Chief Judge Jerome B. Simandle. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
October 24, 2016 Filing 225 MOTION for Leave to File Armatura Plaintiffs' Motion for Leave to Opt Out of Class Action Settlement or Alternatively Enlarge the Time to Opt Out of the Class Action Settlement by Armatura, L.L.C.. (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 Text of Proposed Order Granting)(BOLDT, PAIGE)
October 24, 2016 Filing 224 MOTION to Enforce Judgment by CATERPILLAR INC.. (Attachments: #1 Memo of Law, #2 Cert of Keale ISO motion to Enforce, #3 A - Azari affidavit, #4 B - 5th am petition 7.22.16, #5 C - 9.23.16 Armatura Opt-Out, #6 D - 10.5.16 Correspondence to Shalimar Wallis, #7 E - 10.11.16 Opt Out Letter Response from S Wallis, #8 F - 7.3.13 Email w-demand letter (Armatura 14-29), #9 G - Mares email re continue Texas litigation, #10 Text of Proposed Order, #11 Cert of Service)(KEALE, JAMES)
October 21, 2016 Filing 223 MOTION TO OPT OUT OF CLASS ACTION SETTLEMENT by JANIE A. AGUIAR. (tf, )
October 21, 2016 Set/Reset Deadlines as to #223 MOTION TO OPT OUT OF CLASS ACTION SETTLEMENT. Motion set for 11/21/2016 before Chief Judge Jerome B. Simandle. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
September 20, 2016 Filing 222 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Motion Hearing held on 9/20/2016. Hearing on motion for final approval of class settlement, award of attorney's fees & expenses, and approval of incentive awards (#218) Oral Opinion placed on the record. Order motion granted. Order entered. (Court Reporter/Recorder Lisa Marcus.) (tf, )
September 20, 2016 Opinion or Order Filing 221 ORDER regarding Opt-Outs from Class Action Settlement. Signed by Chief Judge Jerome B. Simandle on 9/20/2016. (tf, )
September 20, 2016 Opinion or Order Filing 220 FINAL APPROVAL ORDER AND JUDGMENT. Signed by Chief Judge Jerome B. Simandle on 9/20/2016. (tf, )
September 20, 2016 ***Civil Case Terminated. (tf, )
September 12, 2016 Filing 219 Letter from James E. Cecchi Enclosing Proposed Final Approval Order re #218 MOTION. (Attachments: #1 Text of Proposed Order)(CECCHI, JAMES)
September 6, 2016 CLERK'S QUALITY CONTROL MESSAGE - The Motion filed on 8/30/16 was submitted incorrectly as a Brief. Correction has been made by Clerk's Office. This submission will remain on the docket unless otherwise ordered by the court. (dd, )
September 6, 2016 Set Deadlines as to #218 MOTION. Motion set for 9/20/2016 10:00 AM in Camden - Courtroom 4A before Chief Judge Jerome B. Simandle. (dd, )
August 30, 2016 Filing 218 MOTION for FINAL APPROVAL of CLASS SETTLEMENT- BRIEF In Support of Plaintiffs' Motion for Final Approval of Class Settlement, Award of Attorneys' Fees and Expenses, and Approval of Incentive Awards (Attachments: #1 Declaration of James E. Cecchi, #2 Declaration of Richard J. Burke, #3 Declaration of Cameron R. Azari ("Epiq Declaration"))(CECCHI, JAMES) Modified on 9/6/2016 (dd).
May 25, 2016 Opinion or Order Filing 217 ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT #211 . Signed by Chief Judge Jerome B. Simandle on 5/25/2016. (tf, )
April 20, 2016 Filing 216 BRIEF in Support filed by CATERPILLAR INC. re #211 MOTION for Settlement (Motion for Certification of Settlement Class, Preliminary Approval of Settlement, and Approval of Class Notice) (Attachments: #1 Cert of Service)(KEALE, JAMES)
April 20, 2016 Filing 215 ANSWER to Amended Complaint by CATERPILLAR INC.. (Attachments: #1 Cert of Service)(KEALE, JAMES)
April 18, 2016 Filing 214 Letter from James E. Cecchi. (Attachments: #1 Text of Proposed Order)(CECCHI, JAMES)
April 18, 2016 Filing 213 Letter from James E. Cecchi. (CECCHI, JAMES)
April 14, 2016 AMENDED Set/Reset Deadlines as to #211 MOTION for Settlement (Motion for Certification of Settlement Class, Preliminary Approval of Settlement, and Approval of Class Notice). Motion set for 5/16/2016 before Chief Judge Jerome B. Simandle. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
April 11, 2016 Filing 212 AMENDED COMPLAINT (Second Amended Consolidated Class Action Complaint) against CATERPILLAR INC., filed by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(BENNETT, NATALIE)
April 11, 2016 Filing 211 MOTION for Settlement (Motion for Certification of Settlement Class, Preliminary Approval of Settlement, and Approval of Class Notice) by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: #1 Brief in Support of Unopposed Motion for Certification of Settlement Class, Preliminary Approval of Settlement and Approval of Class Notice, #2 Declaration of James C. Shah in Support, #3 Exhibit 1 to Declaration of James C. Shah - Settlement Agreement, #4 Exhibit 2 to Declaration of James C. Shah - Cohen Milstein Resume, #5 Exhibit 3 to Declaration of James C. Shah - SFMS Resume, #6 Exhibit 4 to Declaration of James C. Shah - Quantum Legal Resume, #7 Exhibit 5 to Declaration of James C. Shah - Carella Byrne Resume, #8 Affidavit of Cameron R. Azari on Settlement Notices and Notice Plan, #9 Certificate of Service)(BENNETT, NATALIE)
April 11, 2016 Set/Reset Deadlines as to #211 MOTION for Settlement (Motion for Certification of Settlement Class, Preliminary Approval of Settlement, and Approval of Class Notice). Motion set for 5/16/2016 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )
April 5, 2016 Filing 210 Letter from Natalie Finkelman Bennett and James H. Keale to The Honorable Jerome B. Simandle re #209 Order on Motion for Reconsideration. (Attachments: #1 Certificate of Service)(BENNETT, NATALIE)
March 21, 2016 Opinion or Order Filing 209 ORDER dismissing without prejudice #181 Motion for Reconsideration. Signed by Chief Judge Jerome B. Simandle on 3/21/2016. (tf, )
December 15, 2015 Opinion or Order Filing 208 ORDER TEMPORARILY STAYING CASE for 30 days until 1/12/2016; directing counsel to report the status of this case by 1/12/2016, etc. Signed by Chief Judge Jerome B. Simandle on 12/14/2015. (drw)
December 14, 2015 Filing 207 Letter from James E. Cecchi, Esq.. (CECCHI, JAMES)
November 18, 2015 Filing 206 Letter from JAMES E. CECCHI addressed to Judge Schneider; Re: Motion to Amend. (tf, )
November 17, 2015 Opinion or Order Filing 205 TEXT ORDER finding as moot #198 Motion for Leave to File -- The Court having received plaintiffs' November 17, 2015 letter, it is hereby ORDERED that plaintiffs' motion for leave to file an amended complaint is DENIED as moot. Ordered by Magistrate Judge Joel Schneider on 11/17/15. (Schneider, Joel)
October 30, 2015 Filing 204 Transcript of Proceedings held on 9/10/2015, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 11/20/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/28/2016. (drw)
October 30, 2015 Filing 203 Transcript of Proceedings held on 9/3/2015, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 11/20/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/28/2016. (drw)
October 13, 2015 Opinion or Order Filing 202 ORDER temporarily staying the litigation for 60 days, until 12/12/2015. Signed by Chief Judge Jerome B. Simandle on 10/13/2015. (tf, )
September 30, 2015 Opinion or Order Filing 201 ORDER granting request to adjourn Motion for Leave to File Second Amended Complaint #198 to 11/2/2015. Opposition due by 10/19/2015 and Plaintiffs' Reply is due by 10/26/2015. Signed by Magistrate Judge Joel Schneider on 9/30/2015. (tf, )
September 30, 2015 Opinion or Order Filing 200 MDL TEXT ORDER Upon letter application of counsel, the Court has rescheduled oral argument via telephone conference on plaintiffs' Motion for Leave to File Second Amended Complaint [Doc. No. 198] previously set on October 19, 2015. The new date and time for the telephone oral argument is November 2, 2015 at 4:30 p.m. Plaintiffs shall arrange the telephone call. So Ordered by Magistrate Judge Joel Schneider on September 30, 2015. (jk)
September 30, 2015 AMENDED Set/Reset Deadlines as to #198 MOTION for Leave to File Second Amended Consolidated Class Action Complaint. Motion set for 11/2/2015 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
September 29, 2015 Opinion or Order Filing 199 MDL TEXT ORDER The Court has scheduled oral argument via telephone conference on plaintiffs' Motion for Leave to File Second Amended Complaint [Doc. No. 198] on October 19, 2015 at 4:00 p.m. Plaintiffs shall arrange the telephone call. So Ordered by Magistrate Judge Joel Schneider on September 29, 2015. (jk) Modified on 9/29/2015 (Kotarski, J).
September 28, 2015 Set/Reset Deadlines as to #198 MOTION for Leave to File Second Amended Consolidated Class Action Complaint. Motion set for 10/19/2015 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
September 25, 2015 Filing 198 MOTION for Leave to File Second Amended Consolidated Class Action Complaint by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: #1 Brief Memorandum in Support of Motion for Leave to File Second Amended Class Action Complaint, #2 Exhibit 1 Proposed Second Amended Consolidated Class Action Complaint, #3 Text of Proposed Order, #4 Certificate of Service)(SHAH, JAMES)
September 23, 2015 Opinion or Order Filing 197 STIPULATION AND ORDER regarding economic loss claims. Signed by Magistrate Judge Joel Schneider on 9/23/2015. (tf, )
September 22, 2015 Filing 196 Letter from Joseph F. Falgiani. (Attachments: #1 Proposed Stipulation and Order Regarding Economic Loss Claims)(FALGIANI, JOSEPH)
September 14, 2015 Opinion or Order Filing 195 MDL TEXT ORDER The bellwether process having been agreed to and approved by the Court, it is hereby ORDERED that the conference scheduled on September 18, 2015 is POSTPONED. So Ordered by Magistrate Judge Joel Schneider on September 14, 2015. (jk)
September 11, 2015 Opinion or Order Filing 194 ORDER granting request for the Court to approve a bellwether process consisting of nine states. Signed by Magistrate Judge Joel Schneider on 9/11/2015. (tf, )
September 11, 2015 Opinion or Order Filing 193 CASE MANAGEMENT ORDER NO. 16: In-Person Conference set for 9/18/2015 01:00 PM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 9/11/2015. (tf, )
September 10, 2015 Filing 192 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Discovery Conference held on 9/10/2015. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
September 10, 2015 Filing 191 Transcript of Proceedings held on 6/615, before Judge Simandle. Court Reporter/Transcriber Lisa Marcus (856-968-4986). 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 10/1/2015. Redacted Transcript Deadline set for 10/13/2015. Release of Transcript Restriction set for 12/9/2015. (dd, )
September 4, 2015 Opinion or Order Filing 189 CASE MANAGEMENT ORDER NO. 15: Telephone Status Conference set for 9/10/2015 04:30 PM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 9/4/2015. (tf, )
September 3, 2015 Filing 190 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Discovery Conference held on 9/3/2015. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
August 27, 2015 Opinion or Order Filing 188 TEXT ORDER -- At the request of the parties it is hereby ORDERED that the conference call on August 27, 2015 is rescheduled to September 3, 2015 at 4:30 p.m. A joint letter with issues to address shall be served by September 1, 2015. Ordered by Magistrate Judge Joel Schneider on 8/27/15. (Schneider, Joel)
August 25, 2015 Filing 187 BRIEF in Opposition filed by BAILEY COACH INC., BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, DECAMP BUS LINES, EAGLE VALLEY SOUTH, INC., EASTON COACH COMPANY, Eclipse Charters & Tours, LLC, First Priority Tours, Inc., G&G SPECIALIZED CARRIERS, GENTRY COACH, Harmon Bros. Charter Services, Inc., K Double D, Inc,, KLS Enterprises, LLC, Kelton Tours Unlimited Limited Liability Company, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., NW NAVIGATOR LUXURY COACHES LLC, Roadrunner Charters, Inc., S&M Mercado, Inc., Salud Services, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, Tri-City Charter of Bossier Inc, U.S. Transport, Vandalia Bus Lines, Inc., RICKY A. WILLIAMS, White Knight Limousine, Inc., Windy City Limousine LLC re #181 MOTION for Reconsideration (CECCHI, JAMES)
August 18, 2015 Filing 186 Caterpillar Inc.'s ANSWER to Amended Complaint Consolidated Class Action Complaint by CATERPILLAR INC..(KEALE, JAMES)
August 14, 2015 Opinion or Order Filing 185 TEXT ORDER -- The Court having conducted oral argument by phone on August 15, 2015 regarding the discovery dispute raised in the parties' joint August 11, 2015 letter application; and the Court having issued its Oral Opinion on the record; and this Order intending to confirm the Court's ruling, it is hereby ORDERED that plaintiffs' application to bar the deposition of KLS Enterprises, Inc. is DENIED. Ordered by Magistrate Judge Joel Schneider on 8/14/15. (Schneider, Joel)
August 14, 2015 Filing 184 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Discovery Conference held on 8/14/2015. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
August 14, 2015 Opinion or Order Filing 183 ORDER granting Defendant's request to reschedule the Caterpillar Financial deposition from 8/13/205 to 9/30/2015. Signed by Magistrate Judge Joel Schneider on 8/13/2015. (tf, )
August 13, 2015 Filing 182 Transcript of Proceedings held on 7/27/15, before Judge Schneider. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 9/3/2015. Redacted Transcript Deadline set for 9/14/2015. Release of Transcript Restriction set for 11/12/2015. (dd, )
August 13, 2015 Set/Reset Deadlines as to #181 MOTION for Reconsideration . Motion set for 9/8/2015 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
August 12, 2015 Filing 181 MOTION for Reconsideration by CATERPILLAR INC.. (Attachments: #1 Memo of Law In Support of Moiton for Reconsideration, #2 Proposed Order on Motion for Reconsideration_Preemption, #3 Certificate of Service of Motion for Reconsideration)(KEALE, JAMES)
August 11, 2015 Opinion or Order Filing 180 TEXT ORDER -- The Court having received the parties' August 11, 2015 letter application, it is hereby ORDERED that a conference call to address the parties' discovery dispute is scheduled on August 14, 2015 at 2:00 p.m. Defendant shall arrange the call. All further submissions regarding the issue in dispute shall be served by close of business on August 13, 2015. Ordered by Magistrate Judge Joel Schneider on 8/11/15. (Schneider, Joel)
July 29, 2015 Opinion or Order Filing 179 ORDER granting in part and denying in part #120 Caterpillar's motion to dismiss pursuant to Rule 12(b)(6), Fed. R. Civ. P.; granting in part and denying in part #121 Caterpillar's motion to dismiss or for judgment on the pleadings. Defendant Caterpillar shall file its Answer to the remaining claims in the ACCAC within 21 days of entry of this Order. Signed by Chief Judge Jerome B. Simandle on 7/29/2015. (tf, )
July 29, 2015 Filing 178 OPINION. Signed by Chief Judge Jerome B. Simandle on 7/29/2015. (tf, )
July 29, 2015 Opinion or Order Filing 177 CASE MANAGEMENT ORDER NO. 14: Telephone Status Conference set for 8/27/2015 04:00 PM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 7/29/2015. (tf, )
July 27, 2015 Filing 176 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Discovery Conference held on 7/27/2015. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
July 23, 2015 Opinion or Order Filing 175 ORDER RE: DEPOSITIONS. Signed by Magistrate Judge Joel Schneider on 7/23/2015. (tf, )
July 21, 2015 Opinion or Order Filing 174 MDL TEXT ORDER -- The Court having received the parties' recent letters regarding deposition scheduling, it is hereby ORDERED that the issue will be addressed during the next scheduled conference call. So Ordered by Magistrate Judge Joel Schneider on 7/21/15. (Schneider, Joel)
July 15, 2015 Filing 173 Transcript of Proceedings held on 7/1/2015, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber Laws Transcription Service ((610) 623-4178). 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 8/5/2015. Redacted Transcript Deadline set for 8/17/2015. Release of Transcript Restriction set for 10/13/2015. (drw) (Main Document 173 replaced on 7/16/2015) (dd).
July 14, 2015 Opinion or Order Filing 172 MDL ORDER RE: DEPOSITIONS. Signed by Magistrate Judge Joel Schneider on 7/14/2015. (dmr)
July 14, 2015 Opinion or Order Filing 171 MDL TEXT ORDER -- The Court having received the parties' July 10, 2015 letter; and the Court noting that the parties did not comply with the Court's June 29, 2015 Order [Doc. No. 160] requiring the parties to serve by July 10, 2015 their "agreed upon list of the names and dates of all fact depositions to be taken"; and good cause existing for the entry of this Order, it is hereby ORDERED that by July 22, 2015 the parties shall comply with the Court's Order requiring them to serve a list of all fact depositions to be taken with the agreed upon dates. The parties are advised that the Court will set the dates for the parties' depositions if the parties do not provide the date(s) certain the depositions will be taken, In the alternative, no deposition for which a date certain is not provided by July 22 shall go forward. Ordered by Magistrate Judge Joel Schneider on 7/14/15. (Schneider, Joel)
July 1, 2015 Filing 170 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Discovery Conference held on 7/1/2015. Oral argument on Plaintiff's discovery request for settlement information held via telephone on the record. Ordered application DENIED. Oral Opinion read into the record. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
July 1, 2015 Opinion or Order Filing 169 MDL TEXT ORDER -- The Court having held oral argument via phone on July 1, 2015 regarding plaintiffs' request for "settlement" discovery from Caterpillar; and the Court having received and reviewed the parties' May 29, 2015 and June 12 and 19, 2015 letter briefs; and the Court having read its Oral Opinion into the record after the conclusion of oral argument; and this Order intending to confirm the Court's ruling; and accordingly, it is hereby ORDERED that plaintiffs' request for "settlement" discovery is DENIED. So Ordered by Magistrate Judge Joel Schneider on 7/1/15. (Schneider, Joel)
June 29, 2015 Opinion or Order Filing 168 CASE MANAGEMENT ORDER NO. 13: Telephone Status Conference set for 7/27/2015 04:00 PM before Magistrate Judge Joel Schneider. Pretrial Factual Discovery is extended to 9/30/2015. Signed by Magistrate Judge Joel Schneider on 6/29/2015. (tf, )
June 22, 2015 Opinion or Order Filing 167 MDL TEXT ORDER: Oral Argument on Plaintiff's discovery request for settlement information will take place via telephone on 7/1/2015 at 09:00 AM. The Court will read its decision into the record after oral argument. Plaintiff's counsel shall arrange the call. So Ordered by Magistrate Judge Joel Schneider on 6/22/2015. (se, )
June 22, 2015 Filing 166 NOTICE of Voluntary Dismissal by KLS Enterprises, LLC (CECCHI, JAMES)
June 16, 2015 Filing 165 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Motion Hearing held on 6/16/2015 re #120 MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint under F.R.C.P. 12(b)(6) filed by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION, CATERPILLAR INC.; Ordered Decision Reserved. Hearing on #121 MOTION to Dismiss Under FRCP 12(b)(6) and for Judgment on the Pleadings under FRCP 12(c): Federal Preemption filed by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION, CATERPILLAR INC.; Ordered Decision Reserved. (Court Reporter/Recorder Lisa Marcus.) (tf, )
June 16, 2015 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Status Conference held on 6/16/2015. (se, )
June 15, 2015 Filing 164 Transcript of Proceedings held on 6/3/2015, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 7/6/2015. Redacted Transcript Deadline set for 7/16/2015. Release of Transcript Restriction set for 9/14/2015. (drw)
June 5, 2015 Opinion or Order Filing 163 CASE MANAGEMENT ORDER NO. 12: In-Person Status Conference set for 6/16/2015 04:30 PM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 6/4/2015. (tf, )
June 3, 2015 Filing 162 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 6/3/2015. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
May 22, 2015 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 5/22/2015. (se, )
May 21, 2015 Filing 161 Letter. (KEALE, JAMES)
May 21, 2015 Opinion or Order Filing 160 MDL TEXT ORDER The Court has scheduled a telephone conference on May 22, 2015 at 9:00 a.m. The purpose of the call is to address Mr. Checchi's May 20, 2015 letter [Doc. No. 159]. Mr. Checchi shall arrange the call. So Ordered by Magistrate Judge Joel Schneider on May 21, 2015. (jk)
May 20, 2015 Filing 159 Letter from James E. Cecchi Requesting Phone Conference Regarding Preserved Set Documents. (CECCHI, JAMES)
May 18, 2015 Filing 157 REPLY BRIEF to Opposition to Motion filed by CATERPILLAR INC. re #121 MOTION to Dismiss Under FRCP 12(b)(6) and for Judgment on the Pleadings under FRCP 12(c): Federal Preemption (Attachments: #1 Cert of Service)(KEALE, JAMES)
May 18, 2015 Filing 156 REPLY to Response to Motion filed by CATERPILLAR INC. re #120 MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint under F.R.C.P. 12(b)(6) (Attachments: #1 Certification of James H. Keale, #2 Ex 1 - ACCAC design vs MW references, #3 Ex 2 - Relevant State Case Law, #4 Ex 3 - Relevant UCC Provisions, #5 Ex 4 - Complete Owner's Manual, #6 Certification of Service)(KEALE, JAMES)
May 15, 2015 Filing 158 Transcript of Proceedings held on 1/20/2015, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 6/5/2015. Redacted Transcript Deadline set for 6/15/2015. Release of Transcript Restriction set for 8/13/2015. (drw)
May 11, 2015 Opinion or Order Filing 155 MDL TEXT ORDER: The Court will grant Defendant's request [Docket Item 154] to file its reply briefs related to the pending motions to dismiss [Docket Items 120 & 121] no later than Monday, May 18, 2015. So Ordered by Chief Judge Jerome B. Simandle on 5/11/15. (mb, )
May 11, 2015 Filing 154 Letter from James H. Keale. (KEALE, JAMES)
May 7, 2015 Opinion or Order Filing 153 CASE MANAGEMENT ORDER NO. 11: Telephone Status Conference set for 6/3/2015 04:00 PM before Magistrate Judge Joel Schneider. Pretrial Factual Discovery extended to 7/15/2015. Signed by Magistrate Judge Joel Schneider on 5/7/2015. (tf, )
May 7, 2015 Opinion or Order Filing 152 MDL TEXT ORDER: Due to the Court's calendar, oral argument on Defendant's motions to dismiss, currently scheduled for May 27, 2015 at 10:00 a.m., is hereby rescheduled for June 16, 2015 at 1:30 p.m. in Courtroom 4A, Camden. So Ordered by Chief Judge Jerome B. Simandle on 5/7/15. (mb, )
May 7, 2015 Opinion or Order Filing 151 MDL TEXT ORDER:The Court will grant Defendant's request [Docket Item 149] to file reply briefs of 20 and 40 pages respectively in 14 point font related to their pending motions to dismiss [Docket Items 120 & 121. So Ordered by Chief Judge Jerome B. Simandle on 5/7/15. (mb, )
May 6, 2015 Opinion or Order Filing 150 ORDER that the Clerk of Court shall remove from the docket the following materials offered in support of Plaintiffs' motion for class certification [Docket Item 24]: Plaintiffs' memorandum of law in support of motion for class certification [Docket Item 25]; The following exhibits attached to the Certification of Lindsey Taylor, Esq. [Docket Item 25-1]: Exhibit 10 [Docket Item 25-11] Exhibit 19 [Docket Item 25-20] Composite Exhibit 22 [Docket Items 25-23, 25-24, 25- 25, 25-26, 25-27, 25-28, 25-29, 25-30, 25-31, and 25-32] Exhibit 23 [Docket Item 25-33] Exhibit 28 [Docket Item 25-38]; and it is further ORDER that Defendants motion to seal [Docket Item 85] is DISMISSED AS MOOT. Signed by Chief Judge Jerome B. Simandle on 5/6/2015. (tf, )
May 6, 2015 Filing 149 Letter from James H. Keale, Counsel for Caterpillar Inc.. (KEALE, JAMES)
May 5, 2015 Filing 148 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 5/5/2015. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
April 30, 2015 Opinion or Order Filing 147 STIPULATION AND ORDER REGARDING DATA ROOM. Signed by Magistrate Judge Joel Schneider on 4/29/2015. (tf, )
April 28, 2015 Filing 146 Letter from James H. Keale. (Attachments: #1 Stipulation and Order Regarding Data Room_042815)(KEALE, JAMES)
April 27, 2015 Filing 145 NOTICE of Change of Address by JONATHAN SHUB (SHUB, JONATHAN)
April 27, 2015 Filing 144 Transcript of Proceedings held on 3/24/15, before Judge Schneider. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 5/18/2015. Redacted Transcript Deadline set for 5/28/2015. Release of Transcript Restriction set for 7/27/2015. (dd, )
April 27, 2015 CLERK'S QUALITY CONTROL MESSAGE - The Notice of Change of Address submitted by J. Shub on 4/27/2015 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (tf, )
April 17, 2015 Filing 143 Transcript of Proceedings held on April 14, 2015, before Judge Schneider. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 5/8/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/16/2015. (dd, )
April 15, 2015 Filing 142 MEMORANDUM in Opposition filed by BAILEY COACH INC., BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, DECAMP BUS LINES, EAGLE VALLEY SOUTH, INC., EASTON COACH COMPANY, Eclipse Charters & Tours, LLC, First Priority Tours, Inc., G&G SPECIALIZED CARRIERS, GENTRY COACH, Harmon Bros. Charter Services, Inc., JKS Limousine LLC, K Double D, Inc,, KLS Enterprises, LLC, Kelton Tours Unlimited Limited Liability Company, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., NW NAVIGATOR LUXURY COACHES LLC, RBL Wisconsin, Inc., Ready Bus Line, Roadrunner Charters, Inc., S&M Mercado, Inc., Salud Services, Inc., German Saravia, Scenic Boundaries Trans. Inc., Tri-City Charter of Bossier Inc, U.S. Transport, Vandalia Bus Lines, Inc., Vol-Ten Corp., RICKY A. WILLIAMS, White Knight Limousine, Inc., Windy City Limousine LLC re #120 MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint under F.R.C.P. 12(b)(6) (Attachments: #1 Declaration of Natalie Finkelman Bennett, #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, #11 Certificate of Service)(BENNETT, NATALIE)
April 15, 2015 Opinion or Order Filing 141 CASE MANAGEMENT ORDER NO. 10: Telephone Status Conference set for 5/5/2014 04:00 PM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 4/15/2015. (tf, )
April 15, 2015 Filing 140 BRIEF in Opposition filed by BAILEY COACH INC., BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, DECAMP BUS LINES, EAGLE VALLEY SOUTH, INC., EASTON COACH COMPANY, Eclipse Charters & Tours, LLC, First Priority Tours, Inc., G&G SPECIALIZED CARRIERS, GENTRY COACH, Harmon Bros. Charter Services, Inc., K Double D, Inc,, KLS Enterprises, LLC, Kelton Tours Unlimited Limited Liability Company, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., MORRIS, INC., NW NAVIGATOR LUXURY COACHES LLC, Roadrunner Charters, Inc., S&M Mercado, Inc., Salud Services, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, Tri-City Charter of Bossier Inc, U.S. Transport, Vandalia Bus Lines, Inc., RICKY A. WILLIAMS, White Knight Limousine, Inc., Windy City Limousine LLC re #121 MOTION to Dismiss Under FRCP 12(b)(6) and for Judgment on the Pleadings under FRCP 12(c): Federal Preemption (Attachments: #1 Declaration of Douglas J. McNamara, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(CECCHI, JAMES)
April 14, 2015 Filing 139 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 4/14/2015. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
April 10, 2015 Filing 138 Letter from Counsel for Plaintiffs and Defendant. (KEALE, JAMES)
April 8, 2015 Opinion or Order Filing 137 MDL TEXT ORDER: The Court will grant Plaintiffs' request [Docket Item 136] to file an overlong brief of no more than 90 pages in response to Defendant's motion to dismiss Plaintiffs' amended consolidated class action complaint [Docket Item 120]. So Ordered by Chief Judge Jerome B. Simandle on 4/8/15. (mb, )
April 8, 2015 Filing 136 Letter from Natalie Finkelman Bennett to Judge Simandle. (Attachments: #1 Certificate of Service)(BENNETT, NATALIE)
April 7, 2015 Filing 135 Letter from Joseph F. Falgiani, counsel for Caterpillar Inc.. (FALGIANI, JOSEPH)
March 31, 2015 Opinion or Order Filing 134 MDL TEXT ORDER: The Court will hold oral argument on Caterpillar Inc.'s motions to dismiss [Docket Items 120 & 121] on Wednesday, May 27, 2015 at 10:00 a.m. in Courtroom 4A - Camden, New Jersey. So Ordered by Chief Judge Jerome B. Simandle on 3/31/15. (mb, )
March 25, 2015 Opinion or Order Filing 133 CASE MANAGEMENT ORDER NO. 9: Telephone Status Conference set for 4/14/2015 04:30 PM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 3/25/2015. (tf, )
March 25, 2015 Filing 132 Letter from Joseph F. Falgiani re #120 MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint under F.R.C.P. 12(b)(6). (Attachments: #1 Ex 5_Amended_ Application of Timely Notice, #2 Ex 6_Amended_Summary of Application of Timely Notice)(FALGIANI, JOSEPH)
March 24, 2015 Filing 131 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 3/24/2015. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
March 20, 2015 Filing 130 Letter from James Keale, Counsel for Catpillar Inc. and James Cecchi, Liaison Counsel for MDL Plaintiffs. (Attachments: #1 Exhibits 1 to 6)(KEALE, JAMES)
March 17, 2015 Filing 129 Transcript of Proceedings held on 2/26/2015, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 4/7/2015. Redacted Transcript Deadline set for 4/17/2015. Release of Transcript Restriction set for 6/15/2015. (drw, )
February 26, 2015 Opinion or Order Filing 128 CASE MANAGEMENT ORDER NO. 8: Defendant's document production shall be substantially completed by March 31, 2015. Signed by Magistrate Judge Joel Schneider on 2/26/2015. (tf, )
February 26, 2015 Filing 127 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 2/26/2015 to address issues raised in parties' #123 Joint Letter. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
February 24, 2015 Opinion or Order Filing 126 CASE MANAGEMENT ORDER NO. 7: Plaintiffs' opposition papers to Caterpillar's motion to dismiss the Amended Consolidated Class Action Complaint due by 4/15/2015; Caterpillar's reply papers shall be filed by 5/13/2015. Signed by Chief Judge Jerome B. Simandle on 2/24/2015. (dmr)
February 24, 2015 Filing 125 Letter from James E. Cecchi Enclosing Proposed Order Regarding Briefing Schedule for Motion to Dismiss. (Attachments: #1 Text of Proposed Order)(CECCHI, JAMES)
February 20, 2015 Opinion or Order Filing 124 TEXT ORDER -- It is hereby ORDERED that a conference call to address the issues raised in the parties' joint February 20, 2015 letter is scheduled on February 26, 2015 at 12:00 p.m. Plaintiffs' counsel shall arrange the call. Ordered by Magistrate Judge Joel Schneider on 2/20/15. (Schneider, Joel)
February 20, 2015 Filing 123 Letter from Joint Letter to Judge Schneider from James H. Keale and James Cecchi. (KEALE, JAMES)
February 6, 2015 Opinion or Order Filing 122 TEXT ORDER finding as moot #44 Motion to Compel -- The issues in dispute having been resolved by the parties or otherwise having been addressed by the Court, it is hereby ORDERED that plaintiffs' Motion to Compel Discovery is DENIED as moot. Ordered by Magistrate Judge Joel Schneider on 2/6/15. (Schneider, Joel)
February 3, 2015 Set Deadlines as to #120 MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint under F.R.C.P. 12(b)(6), #121 MOTION to Dismiss Under FRCP 12(b)(6) and for Judgment on the Pleadings under FRCP 12(c): Federal Preemption. Motion set for 3/2/2015 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr)
February 2, 2015 Filing 121 MOTION to Dismiss Under FRCP 12(b)(6) and for Judgment on the Pleadings under FRCP 12(c): Federal Preemption by CATERPILLAR INC., CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: #1 Brief Memorandum in Support of Motion to Dismiss, #2 Certification Certification of James H. Keale, #3 Exhibit A: Keteltas Declaration and Exhibits, #4 Exhibit B: EPA Engine Certificates, #5 Text of Proposed Order Order of Defendant Caterpillar's Motion to Dismiss, #6 Certificate of Service Certificate of Service)(KEALE, JAMES)
February 2, 2015 Filing 120 MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint under F.R.C.P. 12(b)(6) by CATERPILLAR INC., CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: #1 Brief Memorandum in Support of Motion to Dismiss, #2 Certification Certification of James Keale, #3 Exhibit 1: Summary of Plaintiff's Claims and Applicable Arguments, #4 Exhibit 2: Relevant U.C.C. Provisions, #5 Exhibit 3: Relevant State Case Law, #6 Exhibit 4: Timely Notice Case Law, #7 Exhibit 5: Application of Timely Notice Rules, #8 Exhibit 6: Summary of Application of Notice Arguments, #9 Exhibit 7: Salud Plaintiffs' Interrogatory Responses, #10 Exhibit 8: C13 Marketing Brochure, #11 Exhibit 9: Applicable Statutes of Limitations, #12 Exhibit 10: Application of Statutes of Limitations to Plaintiffs' Claims, #13 Text of Proposed Order Order on Defendant Caterpillar's Motion to Dismiss, #14 Certificate of Service Certificate of Service)(KEALE, JAMES)
January 30, 2015 Filing 119 NOTICE of Voluntary Dismissal by The Bones Company (CECCHI, JAMES)
January 30, 2015 Filing 118 NOTICE of Voluntary Dismissal by MORRIS, INC. (CECCHI, JAMES)
January 29, 2015 Opinion or Order Filing 117 ORDER denying Deft's #46 Motion to Seal Document. Signed by Magistrate Judge Joel Schneider on 1/28/2015. (drw)
January 28, 2015 Filing 116 LETTER addressed to Mr. Falgiani; Re: The Court will grant Defendant's request to file two overlong briefs as outlined in Defendant's letter. Signed by Chief Judge Jerome B. Simandle on 1/28/2015. (tf, )
January 28, 2015 Filing 115 Letter from Joseph F. Falgiani. (Attachments: #1 Cert of Service of Letter to Judge Simandle)(FALGIANI, JOSEPH)
January 27, 2015 Opinion or Order Filing 114 ORDER that the Clerk of Court shall remove from the docket the Declaration of Charles R. Smock [Docket Item 67-2] and certain exhibits attached thereto, namely Exhibits F, F-1 through F-22, G, I, and K [Docket Items 67-15, 67-16, 67-17, 67-18, 67-19, 67-21 & 67-36]. ORDER that Defendant's motion to seal #63 and Defendant's amended motion to seal #68 are DISMISSED AS MOOT. Signed by Chief Judge Jerome B. Simandle on 1/26/2015. (tf, )
January 21, 2015 Filing 113 Transcript of Proceedings held on 10/6/2014, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 2/11/2015. Redacted Transcript Deadline set for 2/23/2015. Release of Transcript Restriction set for 4/21/2015. (drw)
January 21, 2015 Opinion or Order Filing 112 TEXT ORDER:In light of the Court's December 30, 2014 Order [Docket Item 107], oral argument scheduled for February 6, 2015 is hereby adjourned.. ORDERED by Chief Judge Jerome B. Simandle on 1/21/15. (mb, )
January 21, 2015 Opinion or Order Filing 111 CASE MANAGEMENT ORDER NO. 6: Telephone Status Conference set for 3/24/2015 04:00 PM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 1/21/2015. (tf, )
January 20, 2015 Filing 110 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 1/20/2015. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
January 15, 2015 Filing 109 Letter from Joseph Falgiani. (FALGIANI, JOSEPH)
January 2, 2015 Filing 108 Transcript of Proceedings held on 12/22/2014, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (drw) (Main Document 108 replaced on 1/6/2015) (dd).
December 30, 2014 Opinion or Order Filing 107 ORDERED that Plaintiffs' motion for class certification # 24 ; Defendant's motions to exclude expert testimony [Docket Items 56, 57, 58, & 59]; Defendant's motion for summary judgment # 61 ; and Defendant's motion to dismiss # 62 are DISMISSED WITHOUT PREJUDICE AS MOOT. Signed by Chief Judge Jerome B. Simandle on 12/30/2014. (tf, )
December 29, 2014 Filing 106 Corporate Disclosure Statement by BAILEY COACH INC., BK TRUCKING CO., Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, DECAMP BUS LINES, EAGLE VALLEY SOUTH, INC., EASTON COACH COMPANY, Eclipse Charters & Tours, LLC, First Priority Tours, Inc., G&G SPECIALIZED CARRIERS, GENTRY COACH, Harmon Bros. Charter Services, Inc., K Double D, Inc,, KLS Enterprises, LLC, Kelton Tours Unlimited Limited Liability Company, LEROY BOLTON TRUCKING CO., MNS Enterprises, Inc., NW NAVIGATOR LUXURY COACHES LLC, Roadrunner Charters, Inc., S&M Mercado, Inc., Salud Services, Inc., Scenic Boundaries Trans. Inc., The Bones Company, Tri-City Charter of Bossier Inc, U.S. Transport, Vandalia Bus Lines, Inc., White Knight Limousine, Inc., Windy City Limousine LLC. (Attachments: # 1 Certificate of Service)(BENNETT, NATALIE)
December 23, 2014 Filing 105 AMENDED COMPLAINT (Amended Consolidated Class Action Complaint) against CATERPILLAR INC., filed by German Saravia, Eclipse Charters & Tours, LLC, S&M Mercado, Inc., BK TRUCKING CO., The Bones Company, John Lamanteer, Roadrunner Charters, Inc., MNS Enterprises, Inc., Salud Services, Inc., Bryant's Transport, Inc., C&F Movers, Inc., U.S. Transport, RICKY A. WILLIAMS, Tri-City Charter of Bossier Inc, DECAMP BUS LINES, K Double D, Inc,, Vandalia Bus Lines, Inc., First Priority Tours, Inc., Windy City Limousine LLC, Ronald Bagley, Harmon Bros. Charter Services, Inc., EAGLE VALLEY SOUTH, INC., Brian Brown, EDWARD CHARLES MCLEAN, LEROY BOLTON TRUCKING CO., Scenic Boundaries Trans. Inc., EASTON COACH COMPANY, NW NAVIGATOR LUXURY COACHES LLC, David Brewer, Kelton Tours Unlimited Limited Liability Company, White Knight Limousine, Inc., G&C Specialized Carriers, LLC, BAILEY COACH INC., KLS Enterprises, LLC, Columbia Petroleum Transportation, LLC, GENTRY COACH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(BENNETT, NATALIE)
December 23, 2014 Filing 104 Letter re # 61 MOTION for Summary Judgment , # 57 MOTION TO EXCLUDE THE EXPERT DECLARATION AND TESTIMONY OF RANDY ANGELL , # 59 MOTION TO EXCLUDE THE REBUTTAL REPORT AND TESTIMONY OF HAL SINGER , # 58 MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF NEIL HANNEMANN , # 56 MOTION EXCLUDE THE REPORT AND TESTIMONY OF DAVID MERRION , # 62 MOTION to Dismiss . (KEALE, JAMES)
December 23, 2014 Opinion or Order Filing 103 CASE MANAGEMENT ORDER NO. 5: Telephone Status Conference set for 1/20/2015 04:00 PM before Magistrate Judge Joel Schneider. Pretrial Factual Discovery extended to 7/15/2015. Signed by Magistrate Judge Joel Schneider on 12/22/2014. (tf, )
December 22, 2014 Filing 102 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 12/22/2014. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
December 22, 2014 Filing 101 Transcript of Proceedings held on 11/14/2014, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 1/12/2015. Redacted Transcript Deadline set for 1/22/2015. Release of Transcript Restriction set for 3/23/2015. (drw)
December 19, 2014 Filing 100 Notice to be terminated and withdraw from Notices of Electronic filing as to case. (LEMMON, ANDREW)
December 16, 2014 Opinion or Order Filing 99 ORDERED that plaintiffs' # 84 "Motion for Leave to File Amended Consolidated Class Action Complaint" is GRANTED; and it is further ORDERED that plaintiffs shall file and serve their amended consolidated class action complaint in compliance with this Order by 12/23/2014. Signed by Magistrate Judge Joel Schneider on 12/16/2014. (tf, )
December 16, 2014 Filing 98 OPINION. Signed by Magistrate Judge Joel Schneider on 12/16/2014. (tf, )
December 16, 2014 Pro Hac Vice fee as to Daniel R. Karon, Esq.: $ 150, receipt number CAM004618 (tf, )
December 15, 2014 Pro Hac Vice fee: as to Robert Brookhiser, Jr. $ 150, receipt number tre050659 (kas, )
December 10, 2014 Filing 97 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Motion Hearing held on 12/10/2014 re # 44 MOTION to Compel Discovery, filed by Plaintiff. Motion Withdrawn. Hearing on # 84 MOTON for Leave to File Amended Consolidated Class Action Complaint, filed by the Plaintiff. Ordered Motion GRANTED. Orders to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
December 9, 2014 Opinion or Order Filing 96 ORDERED that Robert J. Brookhiser, Jr., Esquire shall be permitted to appear pro hac vice. Shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 12/9/2014. (tf, )
December 9, 2014 Filing 95 Letter from James H. Keale re # 93 Memorandum in Opposition of Motion,,. (Attachments: # 1 Ex 6_Email dated June 4 2014 from Leopold to Cook, # 2 Ex 7_ CAT_Engines - Proposed Order)(KEALE, JAMES)
December 8, 2014 Filing 94 Letter from James C. Shah to Judge Schneider re # 44 MOTION to Compel Discovery . (Attachments: # 1 Exhibit A - Exemplar Documents Provided to CAT)(SHAH, JAMES)
December 8, 2014 Filing 93 MEMORANDUM in Opposition filed by CATERPILLAR INC. re # 84 MOTION for Leave to File Amended Consolidated Class Action Complaint (Attachments: # 1 Certification of James H. Keale in Support, # 2 Ex 1_Salud_Order dated October 16 2013, # 3 Ex 2 _ Salud_Order dated March 3 2014, # 4 Ex 3_ Salud 10_10_2013 Order, # 5 Ex 4_Salud Notice of Limitation of Damages, # 6 Ex 5_Letter dated April 17 2014 of Kimberly Cook to Leopold, # 7 Ex 7_ CAT_Engines - Proposed Order, # 8 Ex 8_ Consolidated Class Action Complaint, # 9 Cert of Service)(KEALE, JAMES)
December 5, 2014 Filing 92 Letter from Joseph F. Falgiani re # 44 MOTION to Compel Discovery . (FALGIANI, JOSEPH)
December 4, 2014 Filing 91 Letter from Joseph F. Falgiani re # 78 Order on Motion for Leave to Appear,,. (FALGIANI, JOSEPH)
December 4, 2014 Pro Hac Vice fee: as to Elliot Morrison and Gilbert S. Keteltas $ 150, receipt number tre050185 (kas, )
December 4, 2014 Pro Hac Vice counsel, STEVEN R. JAFFE and MARK S. FISTOS, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (tf, )
December 3, 2014 Filing 90 Transcript of Proceedings held on 11/14/2014, before Judge JOEL SCHNEIDER. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 12/24/2014. Redacted Transcript Deadline set for 1/5/2015. Release of Transcript Restriction set for 3/3/2015. (drw)
December 3, 2014 Filing 89 Notice of Request by Pro Hac Vice Steven R. Jaffe to receive Notices of Electronic Filings. (SHAH, JAMES)
December 3, 2014 Filing 88 Notice of Request by Pro Hac Vice Mark S. Fistos to receive Notices of Electronic Filings. (SHAH, JAMES)
December 2, 2014 Opinion or Order Filing 87 ORDER granting # 86 Motion for Leave to Appear Pro Hac Vice as to Daniel R. Karon, Esquire. Shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 12/2/2014. (tf, )
December 2, 2014 Set Deadlines as to # 86 MOTION for Leave to Appear Pro Hac Vice of Daniel R. Karon . Motion set for 1/5/2015 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
December 1, 2014 Filing 86 MOTION for Leave to Appear Pro Hac Vice of Daniel R. Karon by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: # 1 Statement as to Why No Brief is Necessary, # 2 Certification of Natalie Finkelman Bennett, # 3 Certification of Daniel R. Karon, # 4 Text of Proposed Order, # 5 Certificate of Service)(BENNETT, NATALIE)
December 1, 2014 Set Deadlines as to # 85 MOTION to Seal Document # 73 Order on Motion to Seal Document, . Motion set for 1/5/2015 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
November 26, 2014 Filing 85 MOTION to Seal Document # 73 Order on Motion to Seal Document, by CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION. (Attachments: # 1 Brief, # 2 Certification, # 3 Text of Proposed Order, # 4 Certificate of Service)(FALGIANI, JOSEPH)
November 25, 2014 Set Deadlines as to # 84 MOTION for Leave to File Amended Consolidated Class Action Complaint . (per # 80 CMO No.4) Motion set for 12/10/2014 10:00 AM in Camden - Courtroom 3C before Magistrate Judge Joel Schneider. (TH, )
November 24, 2014 Filing 84 MOTION for Leave to File Amended Consolidated Class Action Complaint by BAILEY COACH INC., BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc.. (Attachments: # 1 Brief, # 2 Exhibit A- [Proposed] Amended Consolidated Class Action Complaint, # 3 Text of Proposed Order, # 4 Certificate of Service)(BENNETT, NATALIE)
November 24, 2014 Filing 83 RESPONSE in Opposition filed by CATERPILLAR INC. re # 46 MOTION to Seal Document # 45 Brief in Support of Motion,,, (FALGIANI, JOSEPH)
November 21, 2014 Filing 82 Letter from James E. Cecchi Responding To Motion To Seal Certain Exhibits In Motion To Compel Discovery re # 74 Memorandum in Support of Motion,. (Attachments: # 1 Exhibit A)(CECCHI, JAMES)
November 19, 2014 Filing 81 Transcript of Proceedings held on 11/6/14, before Judge Schneider. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING, LLC ((856) 435-7172). 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 12/10/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/17/2015. (dd, )
November 19, 2014 Opinion or Order Filing 80 CASE MANAGEMENT ORDER NO. 4: Oral argument on plaintiff's Motion to Compel # 44 will be held on 12/10/2014 at 10:00 a.m. in Courtroom 3C. If filed, plaintiffs' Motion to Amend shall be filed by 11/24/2014. The response to the motion shall be served by 12/8/2014. Oral argument will take place on 12/10/2014 at 10:00 a.m.. Signed by Magistrate Judge Joel Schneider on 11/18/2014. (tf, )
November 17, 2014 Opinion or Order Filing 79 UNSEALING ORDER: Ordered that the Clerk of the Court shall unseal Doc. Nos. 37 and 38. Signed by Magistrate Judge Joel Schneider on 11/17/2014. (tf, )
November 17, 2014 Opinion or Order Filing 78 ORDER granting in part and denying in part # 71 Motion for Leave to Appear Pro Hac Vice as to Elliott Morrison, Esquire, Gilbert S. Keteltas, Esquire, and Robert J. Brookhiser, Jr., Esquire. ORDERED that the motion as to Robert J. Brookhiser, Esquire is DENIED without prejudice. Ordered that Elliott Morrison, Esquire, and Gilbert S. Keteltas, Esquire, shall make a payment of $150.00 on each admission, payable to the Clerk. Signed by Magistrate Judge Joel Schneider on 11/17/2014. (tf, )
November 14, 2014 Opinion or Order Filing 77 MDL TEXT ORDER The Court has rescheduled the oral argument on the motion to compel [Doc. No. 44] previously set on December 3, 2014. The new date and time for the oral argument is December 10, 2014 at 10:00 a.m., in Courtroom 3C. Ordered by Magistrate Judge Joel Schneider on November 14, 2014. (jk)
November 14, 2014 Filing 76 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: In-Person Status Conference held on 11/14/2014. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
November 14, 2014 Filing 75 Letter from Joseph F. Falgiani. (FALGIANI, JOSEPH)
November 14, 2014 Filing 74 MEMORANDUM in Support filed by CATERPILLAR INC. re # 46 MOTION to Seal Document # 45 Brief in Support of Motion,,, (Attachments: # 1 Cert of Counsel in Support of Plaintiffs' Motion to Seal, # 2 Proposed Order to Seal Record, # 3 Cert of Service)(FALGIANI, JOSEPH)
November 13, 2014 Opinion or Order Filing 73 ORDERED that Plaintiffs' motion to seal # 26 is DENIED WITHOUT PREJUDICE; and it is further ORDERED that Docket Items 24 and 25 shall remain under seal until at least 14 days from today's date. Signed by Chief Judge Jerome B. Simandle on 11/13/2014. (tf, )
November 13, 2014 AMENDED Set Deadlines as to # 56 MOTION EXCLUDE THE REPORT AND TESTIMONY OF DAVID MERRION , # 59 MOTION TO EXCLUDE THE REBUTTAL REPORT AND TESTIMONY OF HAL SINGER , # 57 MOTION TO EXCLUDE THE EXPERT DECLARATION AND TESTIMONY OF RANDY ANGELL , # 58 MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF NEIL HANNEMANN . Motion set for 12/1/2014 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
November 13, 2014 Set Deadlines as to # 71 MOTION for Leave to Appear Pro Hac Vice . Motion set for 12/15/2014 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
November 12, 2014 Filing 72 Letter from James H. Keale, Counsel for Caterpillar Inc.. (Attachments: # 1 Ex A_List of Plaintiffs in Consolidated Amended Complaint, # 2 Ex B_Relevant Porition of transcript from 080514 Case Management Conf, # 3 Ex C_101714 Ltr from Leopold re depositions, # 4 Ex D_091214 Ltr from Leopold re Custodians, # 5 Ex E _102214 Ltr to Finkelman, # 6 Ex F_041714 Ltr to Leopold EPA)(KEALE, JAMES)
November 12, 2014 Filing 71 MOTION for Leave to Appear Pro Hac Vice by CATERPILLAR INC.. (Attachments: # 1 Certification of Joseph F Falgiani in Support of Pro Hac motion, # 2 Certification of Brookhiser, # 3 Certification of Gil Keteltas in support of ProHac, # 4 Certification of Morrison in support of Pro Hac, # 5 Statement as to Why No Brief is Necessary, # 6 Proposed Order, # 7 Cert of Service)(FALGIANI, JOSEPH)
November 6, 2014 Filing 70 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 11/6/2014. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
November 6, 2014 Opinion or Order Filing 69 MDL TEXT ORDER This Text Order will confirm that the Court will conduct a telephone status conference today, November 6, 2014 at 4:00 p.m. Mr. Cecchi shall arrange the conference call. Ordered by Magistrate Judge Joel Schneider on November 6, 2014. (jk)
November 6, 2014 Set Deadlines as to # 68 Amended MOTION to Seal Document # 67 Memorandum in Opposition of Motion,,,,,,,,,, . Motion set for 12/1/2014 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
November 5, 2014 Filing 68 Amended MOTION to Seal Document # 67 Memorandum in Opposition of Motion,,,,,,,,,, by CATERPILLAR INC.. (Attachments: # 1 Memo of Law in support of Amended Motion to Seal, # 2 Cert of Joseph Falgiani in support of Amended Motion to Seal, # 3 Proposed Order to Seal _ Nov 5 2014, # 4 Cert of Service)(FALGIANI, JOSEPH)
November 5, 2014 Filing 67 MEMORANDUM in Opposition filed by CATERPILLAR INC. re # 24 MOTION to Certify Class (Attachments: # 1 Certification of Counsel in support, # 2 Ex 1 Unredacted pages of Smock Affidavit, # 3 Ex A to Smock Declaration_Letter report dated March 3 2014, # 4 Composit Ex B_1_ C13 2007 EPA_7CPXH0763E1K, # 5 Composit Ex B_2_ C13 2008 8CPXH0763E1B_EPA, # 6 Composit Ex B_3_C13 2008 8CPXH0763E1C_EPA, # 7 Composit Ex B_4_ C13 2008 EPA_8CPXH0763E1A, # 8 Composit Ex B_5_C13 2009 9CPXH0763E1A-09-01, # 9 Composit Ex B_6_ C15 2007 EPA_7CPXH0928E1K, # 10 Composit Ex B_7_C15 2008 EPA_8CPXH0928E1X, # 11 Composit Ex B_8_ C15 2009 9CPXH0928E1X-09-02, # 12 Composit Ex C - Caterpillar Limited Warranty Applicable to C13 and C15 2007_2009, # 13 Ex D _Chart of Engine serial number_build date and in service date, # 14 Ex E Caterpillar's Operation Manual for C13 and C15 Engines_2007_2009, # 15 Ex F_F22 Under Seal_Part1, # 16 Ex F_F22 Under Seal_Part2, # 17 Ex F_F22 Under Seal_Part3, # 18 Ex F_F22 Under Seal_Part4, # 19 Ex G _Service Letter _ under seal, # 20 Ex H Designs of ARD head housing, # 21 Composit Ex I _ CPI Nos 165489_179451 and 209044, # 22 Composit Ex J_ECM Downloads_Part1, # 23 Composit Ex J_ECM Downloads_Part2, # 24 Composit Ex J_ECM Downloads_Part3, # 25 Composit Ex J_ECM Downloads_Part4, # 26 Composit Ex J_ECM Downloads_Part5, # 27 Composit Ex J_ECM Downloads_Part6, # 28 Composit Ex J_ECM Downloads_Part7, # 29 Composit Ex J_ECM Downloads_Part8, # 30 Composit Ex J_ECM Downloads_Part9, # 31 Composit Ex J_ECM Downloads_Part10, # 32 Composit Ex J_ECM Downloads_Part11, # 33 Composit Ex J_ECM Downloads_Part12, # 34 Composit Ex J_ECM Downloads_Part13, # 35 Composit Ex J_ECM Downloads_Part14, # 36 Ex K_Worksheets for Service Claim Numbers _Under Seal, # 37 Ex 2 Relevant State Law, # 38 Ex 3 Hannemann Deposition, # 39 Ex 4 Merrion Deposition, # 40 Ex 4_part 2_Day Two of Merrion David 090814_inadvertently omitted from initial filing, # 41 Ex 5 Marrion Report, # 42 Ex 6 Singer Deposition, # 43 Ex 7 Singer Reputtal Report, # 44 Ex 8 Amador Deposition, # 45 Ex 9 Burke Deposition, # 46 Ex 10 Genry Deposition, # 47 Ex 11 Streif Deposition, # 48 Ex 12 Webb Deposition, # 49 Ex 13 Wills Deposition, # 50 Ex 14 Manual Excerpt, # 51 Ex 15 McCormick Report, # 52 Ex 16 Salud Key Equipment Lease Excerpt_Salud000105_49, # 53 Ex 17 Salud CAT Finance Lease Excerpt_Salud000130-49, # 54 Ex 18 Salud Siemens Financial Lease Excerpt_Salud00052_64, # 55 Proposed Order, # 56 Certification of Service of Opposition to Motion for Class Cert_Nov 5 2014)(KEALE, JAMES)
November 5, 2014 Filing 66 Exhibit to # 64 Memorandum in Opposition of Motion,,,,,,,,, by CATERPILLAR INC.. (KEALE, JAMES)
November 5, 2014 Filing 65 Exhibit to # 56 Motion for Miscellaneous Relief, by CATERPILLAR INC.. (KEALE, JAMES)
November 5, 2014 Set Deadlines as to # 61 MOTION for Summary Judgment , # 62 MOTION to Dismiss , # 63 MOTION to Seal Document . Motion set for 12/1/2014 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
November 5, 2014 Set Deadlines as to # 56 MOTION EXCLUDE THE REPORT AND TESTIMONY OF DAVID MERRION , # 59 MOTION TO EXCLUDE THE REBUTTAL REPORT AND TESTIMONY OF HAL SINGER , # 57 MOTION TO EXCLUDE THE EXPERT DECLARATION AND TESTIMONY OF RANDY ANGELL , # 58 MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF NEIL HANNEMANN . Motion set for 12/1/2014 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
November 3, 2014 Filing 64 MEMORANDUM in Opposition filed by CATERPILLAR INC. re # 24 MOTION to Certify Class (Attachments: # 1 Certification of Counsel in support, # 2 Ex 1_Redacted Declaration of Charles Smock, # 3 Ex A to Smock Declaration_Letter report dated March 3 2014, # 4 Composit Ex B_1_ C13 2007 EPA_7CPXH0763E1K, # 5 Composit Ex B_2_ C13 2008 8CPXH0763E1B_EPA, # 6 Composit Ex B_3_C13 2008 8CPXH0763E1C_EPA, # 7 Composit Ex B_4_ C13 2008 EPA_8CPXH0763E1A, # 8 Composit Ex B_5_C13 2009 9CPXH0763E1A-09-01, # 9 Composit Ex B_6_ C15 2007 EPA_7CPXH0928E1K, # 10 Composit Ex B_7_C15 2008 EPA_8CPXH0928E1X, # 11 Composit Ex B_8_ C15 2009 9CPXH0928E1X-09-02, # 12 Composit Ex C - Caterpillar Limited Warranty Applicable to C13 and C15 2007_2009, # 13 Ex D _Chart of Engine serial number_build date and in service date, # 14 Ex E Caterpillar's Operation Manual for C13 and C15 Engines_2007_2009, # 15 Ex F to F22 filed under seal, # 16 Ex G filed under seal, # 17 Ex H Designs of ARD head housing, # 18 Ex I filed under seal, # 19 Composit Ex J_ECM Downloads_Part1, # 20 Composit Ex J_ECM Downloads_Part2, # 21 Composit Ex J_ECM Downloads_Part3, # 22 Composit Ex J_ECM Downloads_Part4, # 23 Composit Ex J_ECM Downloads_Part5, # 24 Composit Ex J_ECM Downloads_Part6, # 25 Composit Ex J_ECM Downloads_Part7, # 26 Composit Ex J_ECM Downloads_Part8, # 27 Composit Ex J_ECM Downloads_Part9, # 28 Composit Ex J_ECM Downloads_Part10, # 29 Composit Ex J_ECM Downloads_Part11, # 30 Composit Ex J_ECM Downloads_Part12, # 31 Composit Ex J_ECM Downloads_Part13, # 32 Composit Ex J_ECM Downloads_Part14, # 33 Ex K filed under seal, # 34 Ex 2 Relevant State Law, # 35 Ex 3 Hannemann Deposition, # 36 Ex 4 Merrion Deposition, # 37 Ex 5 Marrion Report, # 38 Ex 6 Singer Deposition, # 39 Ex 7 Singer Reputtal Report, # 40 Ex 8 Amador Deposition, # 41 Ex 9 Burke Deposition, # 42 Ex 10 Genry Deposition, # 43 Ex 11 Streif Deposition, # 44 Ex 12 Webb Deposition, # 45 Ex 13 Wills Deposition, # 46 Ex 14 Manual Excerpt, # 47 Ex 15 McCormick Report, # 48 Ex 16 Salud Key Equipment Lease Excerpt_Salud000105_49, # 49 Ex 17 Salud CAT Finance Lease Excerpt_Salud000130-49, # 50 Ex 18 Salud Siemens Financial Lease Excerpt_Salud00052_64, # 51 Proposed Order, # 52 Certification of Service)(KEALE, JAMES)
November 3, 2014 Filing 63 MOTION to Seal Document by CATERPILLAR INC.. (Attachments: # 1 Memorandum of Law, # 2 Certification of Counsel in Support of Motion to Seal, # 3 Ex A_CPI Number 171611, # 4 Ex B_Service Letter, # 5 Ex C_SCUWS, # 6 Ex D_Unredacted pages of Smock Affidavit, # 7 Proposed Order, # 8 Certification of Service)(KEALE, JAMES)
November 3, 2014 Filing 62 MOTION to Dismiss by CATERPILLAR INC.. (Attachments: # 1 Memorandum of Law, # 2 Certification of Counsel, # 3 Ex A Declaration of Gilbert S Keteltas_Part1, # 4 Ex A Declaration of Gilbert S Keteltas_Part2, # 5 Ex A Declaration of Gilbert S Keteltas_Part3, # 6 Ex A Declaration of Gilbert S Keteltas_Part4, # 7 Ex A Declaration of Gilbert S Keteltas_Part5, # 8 Ex B Cert of Conformity for 2007, # 9 Proposed Order, # 10 Certification of Service)(KEALE, JAMES)
November 3, 2014 Filing 61 MOTION for Summary Judgment by CATERPILLAR INC.. (Attachments: # 1 Statement of Material Facts, # 2 Memorandum of Law, # 3 Certification of Counsel in support, # 4 Ex A _ C13 EPA Certifications, # 5 Ex B_ Hannemann depo, # 6 Ex C_Merrion depo, # 7 Ex D _ Emissions Warranty Section of Owners Manual, # 8 Ex E_ Webb depo, # 9 Ex F _ Gentry depo, # 10 Ex G_Amador depo, # 11 Ex H_Streif depo, # 12 Ex I_Wills depo, # 13 Ex J_Caterpillar Limited Warranties_Part1, # 14 Ex J_Caterpillar Limited Warranties_Part2, # 15 Ex J_Caterpillar Limited Warranties_Part3, # 16 Ex J_Caterpillar Limited Warranties_Part4, # 17 Ex J_Caterpillar Limited Warranties_Part5, # 18 Ex J_Caterpillar Limited Warranties_Part6, # 19 Ex J_Caterpillar Limited Warranties_Part7, # 20 Proposed Order, # 21 Certification of Service)(KEALE, JAMES)
November 3, 2014 Opinion or Order Filing 60 TEXT ORDER -- Good cause having been shown, the parties' joint November 3, 2014 letter application requesting to schedule an in-person case management conference is GRANTED. The conference will be held on November 14, 2014 at 2:00 p.m. in Courtroom 3C. The parties' joint submission regarding the issues to be addressed shall be served by November 12, 2014. Ordered by Magistrate Judge Joel Schneider on 11/4/14. (Schneider, Joel)
November 3, 2014 Filing 59 MOTION TO EXCLUDE THE REBUTTAL REPORT AND TESTIMONY OF HAL SINGER by CATERPILLAR INC.. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Certification of Counsel, # 3 Ex 1_Rebuttal Report of Singer 042514, # 4 Ex 2_Singer Deposition Transcript 060614, # 5 Proposed Order, # 6 Certification of Service)(KEALE, JAMES)
November 3, 2014 Filing 58 MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF NEIL HANNEMANN by CATERPILLAR INC.. (Attachments: # 1 Memorandum of Law, # 2 Certification of Counsel in Support, # 3 Ex 1 Hannemann Report_010514, # 4 Ex 2 Hannemann Deposition Transcript_060514, # 5 Ex 3 Burke Deposition Transcript_091214, # 6 Ex 4 Merrion Deposition Transcript_060214, # 7 Proposed Order, # 8 Certification of Service)(KEALE, JAMES)
November 3, 2014 Filing 57 MOTION TO EXCLUDE THE EXPERT DECLARATION AND TESTIMONY OF RANDY ANGELL by CATERPILLAR INC.. (Attachments: # 1 Memorandum of Law in Support of Motion to Exclude Angell, # 2 Certification of Counsel, # 3 Ex 1 _ Angell Declaration 042414, # 4 Ex 2_Transcript of Angell Deposition_060214, # 5 Text of Proposed Order, # 6 Certificate of Service)(KEALE, JAMES)
November 3, 2014 Filing 56 MOTION EXCLUDE THE REPORT AND TESTIMONY OF DAVID MERRION by CATERPILLAR INC.. (Attachments: # 1 Memorandum of Law, # 2 Certification of Counsel in Support, # 3 Ex 1 Merrion Report_042414, # 4 Ex 2 Merrion Deposition Transcript_060214, # 5 Ex 3 Burke Deposition Transcript_091214, # 6 Ex 4 Hannemann Deposition Transcript_060514, # 7 Text of Proposed Order, # 8 Certification of Service)(KEALE, JAMES)
October 31, 2014 Opinion or Order Filing 55 CONSENT ORDER setting motion schedules. Signed by Magistrate Judge Joel Schneider on 10/31/2014. (tf, )
October 31, 2014 Filing 54 Letter from Joseph Falgiani. (FALGIANI, JOSEPH)
October 31, 2014 Filing 53 Letter from Joseph Falgiani. (Attachments: # 1 Text of Proposed Order)(FALGIANI, JOSEPH)
October 31, 2014 Opinion or Order Filing 52 ORDER denying without prejudice # 39 Motion to Seal Document. Defendant is granted leave to re-file a motion to seal by November 14, 2014. Signed by Magistrate Judge Joel Schneider on 10/30/2014. (tf, )
October 29, 2014 Filing 51 REPLY to Response to Motion filed by BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, EAGLE VALLEY SOUTH, INC., G&C Specialized Carriers, LLC, K Double D, Inc,, KLS Enterprises, LLC, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., S&M Mercado, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, U.S. Transport, RICKY A. WILLIAMS re # 39 MOTION to Seal Document # 37 Amended Document,, # 38 Exhibit (to Document), (CECCHI, JAMES)
October 29, 2014 Filing 50 Letter from Joseph F. Falgiani, counsel for Caterpillar Inc.. (FALGIANI, JOSEPH)
October 29, 2014 Filing 49 RESPONSE to Motion filed by CATERPILLAR INC. re # 39 MOTION to Seal Document # 37 Amended Document,, # 38 Exhibit (to Document), Amended Response (FALGIANI, JOSEPH)
October 28, 2014 Filing 48 RESPONSE to Motion filed by CATERPILLAR INC. re # 46 MOTION to Seal Document # 45 Brief in Support of Motion,,, (FALGIANI, JOSEPH)
October 27, 2014 Opinion or Order Filing 47 MDL TEXT ORDER The Court has scheduled oral argument on plaintiffs' Motion to Compel Discovery [Doc. No. 44] on December 3, 2014 at 3:00 p.m., in Courtroom 3C. Ordered by Magistrate Judge Joel Schneider on October 27, 2014. (jk)
October 27, 2014 Set Deadlines as to # 46 MOTION to Seal Document # 45 Brief in Support of Motion,,, , # 44 MOTION to Compel Discovery . Motion set for 11/17/2014 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
October 24, 2014 Filing 46 MOTION to Seal Document # 45 Brief in Support of Motion,,, by BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, EAGLE VALLEY SOUTH, INC., K Double D, Inc,, KLS Enterprises, LLC, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, S&M Mercado, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, U.S. Transport, RICKY A. WILLIAMS. (Attachments: # 1 Statement In Lieu of Brief, # 2 Text of Proposed Order)(CECCHI, JAMES)
October 24, 2014 Filing 45 BRIEF in Support filed by BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, EAGLE VALLEY SOUTH, INC., K Double D, Inc,, KLS Enterprises, LLC, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., S&M Mercado, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, U.S. Transport, RICKY A. WILLIAMS re # 44 MOTION to Compel Discovery (Attachments: # 1 Certification of Natalie Finkelman Bennett, # 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, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(CECCHI, JAMES)
October 24, 2014 Filing 44 MOTION to Compel Discovery by BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, EAGLE VALLEY SOUTH, INC., K Double D, Inc,, KLS Enterprises, LLC, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., S&M Mercado, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, U.S. Transport, RICKY A. WILLIAMS. (Attachments: # 1 Text of Proposed Order)(CECCHI, JAMES)
October 23, 2014 Filing 43 LETTER addressed to Mr. Falgiani; Re: The Court granting Defendant's request to file an overlong opposition brief to Plaintiff's motion for class certification. Signed by Chief Judge Jerome B. Simandle on 10/23/2014. (tf, )
October 23, 2014 Filing 42 Letter from Joseph F. Galgiani. (FALGIANI, JOSEPH)
October 7, 2014 Opinion or Order Filing 41 CASE MANAGEMENT ORDER NO. 3: Telephone Status Conference set for 11/6/2014 04:00 PM before Magistrate Judge Joel Schneider. Mr. Cecchi shall arrange the conference call. Signed by Magistrate Judge Joel Schneider on 10/7/2014. (tf, )
October 7, 2014 Set Deadlines as to # 39 MOTION to Seal Document # 37 Amended Document,, # 38 Exhibit (to Document), . Motion set for 11/3/2014 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
October 6, 2014 Filing 40 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 10/6/2014. (Court Reporter/Recorder Electronic Court Recorder.) (tf, )
October 6, 2014 Filing 39 MOTION to Seal Document # 37 Amended Document,, # 38 Exhibit (to Document), by BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, EAGLE VALLEY SOUTH, INC., G&C Specialized Carriers, LLC, K Double D, Inc,, KLS Enterprises, LLC, LEROY BOLTON TRUCKING CO., John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., S&M Mercado, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, U.S. Transport, RICKY A. WILLIAMS. (Attachments: # 1 Statement In Lieu of Brief, # 2 Text of Proposed Order)(CECCHI, JAMES)
October 6, 2014 Filing 38 Exhibit to # 37 Amended Document,, by BK TRUCKING CO., Ronald Bagley, David Brewer, Brian Brown, Columbia Petroleum Transportation, LLC, EAGLE VALLEY SOUTH, INC., G&C Specialized Carriers, LLC, K Double D, Inc,, KLS Enterprises, LLC, John Lamanteer, EDWARD CHARLES MCLEAN, MNS Enterprises, Inc., S&M Mercado, Inc., German Saravia, Scenic Boundaries Trans. Inc., The Bones Company, U.S. Transport, RICKY A. WILLIAMS. (Attachments: # 1 Exhibit B, # 2 Exhibit C)(CECCHI, JAMES)
October 6, 2014 Filing 37 AMENDED DOCUMENT by BK TRUCKING CO., Ronald Bagley, EAGLE VALLEY SOUTH, INC., G&C Specialized Carriers, LLC, K Double D, Inc,, LEROY BOLTON TRUCKING CO., EDWARD CHARLES MCLEAN, S&M Mercado, Inc., German Saravia, Scenic Boundaries Trans. Inc., RICKY A. WILLIAMS, Brian Brown, The Bones Company, David Brewer, Bryant's Transport, Inc., C&F Movers, Inc., Columbia Petroleum Transportation, LLC, John Lamanteer, KLS Enterprises, LLC, MNS Enterprises, Inc., U.S. Transport. Consolidated Class Action Complaint . (CECCHI, JAMES)
October 2, 2014 Opinion or Order Filing 36 CONSENT ORDER - Ordered Case No. 1:14-cv-05596 (JBS-JS) be consolidated with the cases transferred to this Court under MDL Number 2540, Master Docket No. 1:14-cv-03722 (JBSJS), for inclusion in the MDL proceeding. Signed by Chief Judge Jerome B. Simandle on 10/1/14. (dd, ) (dd, )
September 30, 2014 Filing 35 STIPULATION and Consent Order by CATERPILLAR INC.. (Attachments: # 1 Proposed Stipulation and Consent Order)(FALGIANI, JOSEPH)
September 19, 2014 Opinion or Order Filing 34 STIPULATION AND ORDER re: Dates set forth in the Case Management Order No. 2 relating to the Consolidated Amended Complaint and dispositive motions in response and relating to the Salud class certification motion and dispositive motions. Signed by Chief Judge Jerome B. Simandle on 9/18/2014. (dmr)
September 18, 2014 Filing 33 Letter from James E. Cecchi Enclosing Proposed Stipulation and Order Regarding Scheduling re # 17 Order,. (Attachments: # 1 Text of Proposed Order)(CECCHI, JAMES)
September 16, 2014 Filing 32 Notice of Request by Pro Hac Vice Jonathan Shub, Esq. to receive Notices of Electronic Filings. (GEORGE, SCOTT)
September 12, 2014 Filing 31 NOTICE by BAILEY COACH INC., BK TRUCKING CO., Ronald Bagley, EAGLE VALLEY SOUTH, INC., EASTON COACH COMPANY, Eclipse Charters & Tours, LLC, First Priority Tours, Inc., G&C Specialized Carriers, LLC, GENTRY COACH, Harmon Bros. Charter Services, Inc., JKS Limousine LLC, K Double D, Inc,, Kelton Tours Unlimited Limited Liability Company, LEROY BOLTON TRUCKING CO., EDWARD CHARLES MCLEAN, RBL Wisconsin, Inc., Ready Bus Line, Roadrunner Charters, Inc., S&M Mercado, Inc., Salud Services, Inc., German Saravia, Scenic Boundaries Trans. Inc., Tri-City Charter of Bossier Inc, Vandalia Bus Lines, Inc., Vol-Ten Corp., RICKY A. WILLIAMS, White Knight Limousine, Inc., Windy City Limousine LLC Notice of Firm Name Change And Email Address Chage (TAYLOR, LINDSEY)
September 2, 2014 Filing 30 Transcript of Proceedings held on 8/5/2014, before Judge JEROME B. SIMANDLE. Court Reporter/Transcriber Lisa Marcus (856-968-4986). 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 9/23/2014. Redacted Transcript Deadline set for 10/3/2014. Release of Transcript Restriction set for 12/1/2014. (drw)
September 2, 2014 Pro Hac Vice fee received for Steven R. Jaffe, Esq. and Mark S. Fistos, Esq.: $300, receipt number TRE047265. (gxh)
August 28, 2014 Opinion or Order Filing 29 ORDER granting # 27 Motion for Leave to Appear Pro Hac Vice as to Steven R. Jaffee, Esquire, and Mark S. Fistos, Esquire, shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 8/28/2014. (tf, )
August 27, 2014 Opinion or Order Filing 28 ORDER DESIGNATING INTERIM CLASS COUNSEL. Signed by Chief Judge Jerome B. Simandle on 8/26/2014. (tf, )
August 26, 2014 Filing 27 MOTION for Leave to Appear Pro Hac Vice of Steven R. Jaffe and Mark S. Fistos by BK TRUCKING CO., EAGLE VALLEY SOUTH, INC., LEROY BOLTON TRUCKING CO.. (Attachments: # 1 Statement as to Why No Brief is Necessary, # 2 Certification of Natalie Finkelman Bennett, # 3 Certification of Steven R. Jaffe, # 4 Certification of Mark S. Fistos, # 5 Text of Proposed Order, # 6 Text of Proposed Order, # 7 Certificate of Service)(SHAH, JAMES)
August 26, 2014 Set Deadlines as to # 27 MOTION for Leave to Appear Pro Hac Vice of Steven R. Jaffe and Mark S. Fistos . Motion set for 10/6/2014 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
August 20, 2014 Set Deadlines as to # 24 MOTION to Certify Class , # 26 MOTION to Seal Document # 25 Brief in Support of Motion,,, . Motion set for 9/15/2014 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
August 19, 2014 Filing 26 MOTION to Seal Document # 25 Brief in Support of Motion,,, by Eclipse Charters & Tours, LLC, GENTRY COACH, Roadrunner Charters, Inc., Salud Services, Inc., Vandalia Bus Lines, Inc.. (Attachments: # 1 Statement In Lieu of Brief, # 2 Text of Proposed Order)(CECCHI, JAMES)
August 19, 2014 Filing 25 BRIEF in Support filed by Vandalia Bus Lines, Inc. re # 24 MOTION to Certify Class (Attachments: # 1 Declaration of Lindsey H. Taylor, # 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, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22-1, # 24 Exhibit 22-2, # 25 Exhibit 22-3, # 26 Exhibit 22-4, # 27 Exhibit 22-5, # 28 Exhibit 22-6, # 29 Exhibit 22-7, # 30 Exhibit 22-8, # 31 Exhibit 22-9, # 32 Exhibit 22-10, # 33 Exhibit 23, # 34 Exhibit 24, # 35 Exhibit 25, # 36 Exhibit 26, # 37 Exhibit 27, # 38 Exhibit 28, # 39 Exhibit 29, # 40 Exhibit 30, # 41 Exhibit 31, # 42 Exhibit 32, # 43 Exhibit 33)(CECCHI, JAMES)
August 19, 2014 Filing 24 MOTION to Certify Class by Eclipse Charters & Tours, LLC, GENTRY COACH, Roadrunner Charters, Inc., Salud Services, Inc., Vandalia Bus Lines, Inc.. (CECCHI, JAMES)
August 19, 2014 Filing 23 Mail Returned as Undeliverable. Mail (CASE MANAGEMENT ORDER NO. 2 # 17 ) sent to Scott Rhead Shepherd & Kelsey K. Black (tf, )
August 19, 2014 Opinion or Order Order Appointing Mediator, refer to # 20 Consent Order. DENNIS M. CAVANAUGH appointed. (Entry made for statistical purposes only). Signed by Chief Judge Jerome B. Simandle on 8/14/2014. (drw)
August 18, 2014 Filing 22 Letter from James E. Cecchi to the Honorable Chief Judge Jerome B. Simandle, U.S.D.J. Regarding Proposed Leadership Structure. (CECCHI, JAMES)
August 15, 2014 Opinion or Order Filing 21 ORDERED that Defendant's motion to dismiss for failure to state a claim # 65 in case 13-2076 is ADMINISTRATIVELY TERMINATED without prejudice to reinstatement by letter from Defendant following filing of the Consolidated Amended Complaint, or by a new dismissal motion. Signed by Chief Judge Jerome B. Simandle on 8/14/2014. (tf, )
August 14, 2014 Opinion or Order Filing 20 CONSENT ORDER REFERRING CASE to Mediation. Signed by Chief Judge Jerome B. Simandle on 8/14/2014. (drw)
August 14, 2014 Filing 19 Letter from James E. Cecchi to the Honorable Chief Judge Jerome B. Simandle, U.S.D.J.. (Attachments: # 1 Text of Proposed Order)(CECCHI, JAMES)
August 11, 2014 Filing 18 Notice of Request by Pro Hac Vice Jonathan L. Lewis to receive Notices of Electronic Filings. (FALGIANI, JOSEPH)
August 8, 2014 Opinion or Order Filing 17 CASE MANAGEMENT ORDER NO. 2: Oral argument is hereby scheduled for 2/6/2015 at 10:00 A.M. in Courtroom 4A. The first scheduled call will be on 10/6/2014 at 4:00 P.M. Mr. Cecchi is requested to arrange the conference call and to circulate call-in information to Judge Schneider and participants. Signed by Chief Judge Jerome B. Simandle on 8/8/2014. (tf, )
August 7, 2014 Pro Hac Vice counsel, ROBERT ABRAMS, JONATHAN L. LEWIS and GREGORY COMMINS, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (tf, )
August 6, 2014 Filing 16 Notice of Request by Pro Hac Vice Gregory Commins to receive Notices of Electronic Filings. (FALGIANI, JOSEPH)
August 6, 2014 Filing 15 Notice of Request by Pro Hac Vice Jonathan L. Lewis to receive Notices of Electronic Filings. (FALGIANI, JOSEPH)
August 6, 2014 Filing 14 Notice of Request by Pro Hac Vice Robert Abrams to receive Notices of Electronic Filings. (FALGIANI, JOSEPH)
August 6, 2014 Pro Hac Vice fee received Robert Abrams, Esq., Gregory J. Cummins, Jr., Esq., and Jonathan L. Lewis, Esq.: $450, receipt number TRE046475. (gxh)
August 5, 2014 Filing 13 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle/Judge Joel Schneider: Case Management Conference held on 8/5/2014. Case Management Order to be submitted. (Court Reporter/Recorder Lisa Marcus.) (tf, )
July 29, 2014 Opinion or Order Filing 12 ORDER granting # 7 Motion for Leave to Appear Pro Hac Vice as to Robert Abrams, Esquire, Gregory J. Cummins, Jr., Esquire, and Jonathan L. Lewis, Esquire. Shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 7/29/2014. (tf, )
July 28, 2014 Filing 11 Letter from James H. Keale and Theodore J. Leopold. (Attachments: # 1 Supplement, # 2 Exhibit)(KEALE, JAMES)
July 22, 2014 Opinion or Order Filing 10 Order of MDL Panel (CTO-4) transferring certain actions to this court. (dd, )
July 16, 2014 Filing 9 Mail Returned as Undeliverable. Mail (CASE MANAGEMENT ORDER NO. 1 # 6 ) sent to Scott Rhead Shepherd (tf, )
July 11, 2014 Set Deadlines as to # 7 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/4/2014 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
July 10, 2014 Filing 7 MOTION for Leave to Appear Pro Hac Vice by CATERPILLAR INC.. (Attachments: # 1 Statement as to why No Brief is Necessary, # 2 Certification of Joseph F Falgiani, # 3 Certiifcation of Robert G Abrams, # 4 Certification of Jonathan L Lewis, # 5 Certification of Gregory J Commins Jr, # 6 Proposed Order for Abrams, # 7 Proposed Order for Lewis, # 8 Proposed Order for Commins, # 9 Certificate of Service)(FALGIANI, JOSEPH)
July 8, 2014 Opinion or Order Filing 8 Order of MDL Panel(CTO-3) transferring certain action from the District of Colorado; Case# 14-1760 to this court. (dd, )
July 2, 2014 Opinion or Order Filing 6 CASE MANAGEMENT ORDER NO. 1: The Court will convene the First Case Management Conference on August 5, 2014 at 10:00 AM before U.S. Magistrate Judge Joel Schneider in Courtroom 4A. Signed by Chief Judge Jerome B. Simandle on 7/2/2014. (tf, )
July 1, 2014 Filing 5 Letter from James C. Shah to Clerk of Court. (Attachments: # 1 Certificate of Service)(SHAH, JAMES)
June 25, 2014 Filing 4 Letter from James C. Shah to The Hon. Joel Schneider. (Attachments: # 1 Certificate of Service)(SHAH, JAMES)
June 24, 2014 Opinion or Order Filing 3 Order of MDL Panel(CTO-2) transferring certain action from the District of Illinois Northern; Case# 14-4229 to this court. (dd, )
June 20, 2014 Opinion or Order Filing 2 Order of MDL Panel (CTO-1) transferring certain actions to this court. (dd, )
June 11, 2014 Opinion or Order Filing 1 Order of MDL Panel transferring certain actions to this court. (dd, )

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Search for this case: CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION
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Plaintiff: BAILEY COACH INC.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JONATHAN SHUB
Represented By: JAMIE E. WEISS
Represented By: RICHARD J. BURKE
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Plaintiff: BK TRUCKING CO.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: SCOTT A. GEORGE
Represented By: JAMES C. SHAH
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Plaintiff: Ronald Bagley
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: DARREN K. NELSON
Represented By: Robert S. Clark
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Plaintiff: David Brewer
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: Brian Brown
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: Bryant's Transport, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: C&F Movers, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: Columbia Petroleum Transportation, LLC
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: DECAMP BUS LINES
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: EAGLE VALLEY SOUTH, INC.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: JAMES C. SHAH
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Plaintiff: EASTON COACH COMPANY
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JONATHAN SHUB
Represented By: JAMIE E. WEISS
Represented By: RICHARD J. BURKE
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Plaintiff: Eclipse Charters & Tours, LLC
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: JAMES E. CECCHI
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: LESLIE MITCHELL KROEGER
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: Gregory Scott Weiss
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
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Plaintiff: First Priority Tours, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: JAMIE E. WEISS
Represented By: GARY EDWARD MASON
Represented By: Zachary A. Jacobs
Represented By: RICHARD J. BURKE
Represented By: ANDREW JOSEPH COOMES
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Plaintiff: G&G SPECIALIZED CARRIERS
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: Jeffrey A Leon
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Plaintiff: GENTRY COACH
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: JAMES E. CECCHI
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: LESLIE MITCHELL KROEGER
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: Gregory Scott Weiss
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
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Plaintiff: Harmon Bros. Charter Services, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: JAMIE E. WEISS
Represented By: GARY EDWARD MASON
Represented By: Zachary A. Jacobs
Represented By: RICHARD J. BURKE
Represented By: ANDREW JOSEPH COOMES
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Plaintiff: JKS Limousine LLC
Represented By: Jamie Elisabeth Weiss
Represented By: RICHARD J. BURKE
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Plaintiff: K Double D, Inc,
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: RICHARD J. BURKE
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Plaintiff: KLS Enterprises, LLC
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: Kelton Tours Unlimited Limited Liability Company
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: JAMIE E. WEISS
Represented By: GARY EDWARD MASON
Represented By: Zachary A. Jacobs
Represented By: RICHARD J. BURKE
Represented By: ANDREW JOSEPH COOMES
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Plaintiff: LEROY BOLTON TRUCKING CO.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: JAMES C. SHAH
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Plaintiff: John Lamanteer
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: EDWARD CHARLES MCLEAN
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: DANIEL KENT BRYSON
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Plaintiff: MNS Enterprises, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: NW NAVIGATOR LUXURY COACHES LLC
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: RBL Wisconsin, Inc.
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: Gregory Scott Weiss
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
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Plaintiff: Ready Bus Line
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: LESLIE MITCHELL KROEGER
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
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Plaintiff: Roadrunner Charters, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: JAMES E. CECCHI
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: LESLIE MITCHELL KROEGER
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: Gregory Scott Weiss
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
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Plaintiff: S&M Mercado, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: LINDSEY H. TAYLOR
Represented By: ROLAND K. TELLIS
Represented By: MARK P PIFKO
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Plaintiff: Salud Services, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: JAMIE E. WEISS
Represented By: JAMES E. CECCHI
Represented By: Zachary A. Jacobs
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: ANDREW NEIL FRIEDMAN
Represented By: LESLIE MITCHELL KROEGER
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: Gregory Scott Weiss
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
Represented By: DOUGLAS J. MCNAMARA
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Plaintiff: German Saravia
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: LINDSEY H. TAYLOR
Represented By: ROLAND K. TELLIS
Represented By: MARK P PIFKO
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Plaintiff: Scenic Boundaries Trans. Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Roberta A Yard
Represented By: JAMES E. CECCHI
Represented By: ROBERTA A. YARD
Represented By: GARRETT D. BLANCHFIELD, JR.
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Plaintiff: The Bones Company
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: Tri-City Charter of Bossier Inc
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: LESLIE MITCHELL KROEGER
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: Gregory Scott Weiss
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
Represented By: ANDREW ALLEN LEMMON
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Plaintiff: U.S. Transport
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
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Plaintiff: Vol-Ten Corp.
Represented By: Marc L Godino
Represented By: JONATHAN SHUB
Represented By: JAMIE E. WEISS
Represented By: RICHARD J. BURKE
Represented By: MARC L. GODINO
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Plaintiff: RICKY A. WILLIAMS
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JAMES E. CECCHI
Represented By: RICHARD J. BURKE
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Plaintiff: White Knight Limousine, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: RICHARD J. BURKE
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Plaintiff: Windy City Limousine LLC
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Jamie Elisabeth Weiss
Represented By: RICHARD J. BURKE
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Plaintiff: MORRIS, INC.
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Plaintiff: GENTRY COACH 14-3734 doing business as GENTRY TRAILWAYS
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: JAMES E. CECCHI
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: LESLIE MITCHELL KROEGER
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: Gregory Scott Weiss
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
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Plaintiff: Vol-Ten Corp. 14-3731 doing business as Delta Charter Service
Represented By: JONATHAN SHUB
Represented By: JAMIE E. WEISS
Represented By: RICHARD J. BURKE
Represented By: MARC L. GODINO
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Lead plaintiff: Vandalia Bus Lines, Inc.
Represented By: NATALIE FINKELMAN BENNETT
Represented By: Kevin T. Hoerner
Represented By: JONATHAN SHUB
Represented By: MARK S. FISTOS
Represented By: JAMES E. CECCHI
Represented By: RICHARD J. BURKE
Represented By: THEODORE JON LEOPOLD
Represented By: LESLIE MITCHELL KROEGER
Represented By: Nathan C. Zipperian
Represented By: SCOTT RHEAD SHEPHERD
Represented By: Gregory Scott Weiss
Represented By: STEVEN R. JAFFE
Represented By: SCOTT A. GEORGE
Represented By: SETH MICHAEL LEHRMAN
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Defendant: CATERPILLAR INC.
Represented By: Kelsey K Black
Represented By: Jason T Madden
Represented By: John Paul J Gatto
Represented By: Mark L Tripp
Represented By: JOSEPH F FALGIANI
Represented By: Steven Dwight Di Saia
Represented By: JAMES HOLSEY KEALE
Represented By: Gordon James, III
Represented By: C. Bradford Marsh
Represented By: ANTHONY J. ANSCOMBE
Represented By: STEPHANIE UNDERWOOD ROBERTS
Represented By: Kimberly A. Cook
Represented By: Mary E Buckley
Represented By: Kenneth Wayne Waterway
Represented By: Ashley Webber Broach
Represented By: TIFFANY M. ALEXANDER
Represented By: C Todd Koebele
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Interested party: Class Action Capital Recovery, LLC
Represented By: William Stuart, III
Represented By: JEFFREY J. GREENBAUM
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Claimant: Armatura, L.L.C.
Represented By: PAIGE NICOLE BOLDT
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Claimant: Armatura, L.L.C. Claimants Armatura LLC, Petrochem Transport, LLC, Chris Wright, and PTI Logistics, Inc., d/b/a Rio Logistics
Represented By: PAIGE NICOLE BOLDT
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Petitioner: JANIE A. AGUIAR
Represented By: RYAN S. HENRY
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Petitioner: JANIE A. AGUIAR doing business as Nevada Trucking
Represented By: RYAN S. HENRY
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Not classified by court: DENNIS M. CAVANAUGH
Represented By: DENNIS MICHAEL CAVANAUGH
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Intervenor: T. W. Hedfelt
Represented By: SELINA MIRIAM ELLIS
Represented By: LIZA M. WALSH
Represented By: MARC D. HAEFNER
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Intervenor: Rush Truck Centers of Texas, L.P. d/b/a Rush Truck Center-Pharr
Represented By: SELINA MIRIAM ELLIS
Represented By: LIZA M. WALSH
Represented By: MARC D. HAEFNER
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In re: CATERPILLAR INC. C13 AND C15 ENGINE PRODUCTS LIABILITY LITIGATION
Represented By: NATALIE FINKELMAN BENNETT
Represented By: JOSEPH F FALGIANI
Represented By: JAMES HOLSEY KEALE
Represented By: JAMES C. SHAH
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