DeGraff et al v. Elhinstone Pty. Ltd. et al
| Philip C. DeGraff and Laura M. DeGraff |
| Caterpillar Inc., Caterpillar Elphinstone Pty. Ltd., Elhinstone Pty. Ltd., Caterpillar Elphinstone Pty Ltd, Caterpillar Underground Mining Pty. Ltd. and Elphinstone Pty Ltd |
| 1:2018cv00206 |
| February 6, 2018 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Wyoming |
| Michael J Roemer |
| Lawrence J Vilardo |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 27 TEXT ORDER re #26 Stipulated Order of Dismissal filed by Caterpillar Underground Mining Pty. Ltd. is HEREBY SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/4/2019. (CMD)-CLERK TO FOLLOW UP- |
| Filing 26 STIPULATION of Dismissal by Caterpillar Underground Mining Pty. Ltd.. (Freedenberg, John) |
| Filing 25 Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances: Mark S. Nunn, Esq. on behalf of pltfs; John P. Freedenberg, Esq. on behalf of deft.Discovery Hearing held on 5/20/2019. Discussions held regarding discovery issues. Court agreed to extend case management deadlines. Pltfs shall identify any expert witnesses and produce their reports by 8/20/2019; Deft shall identify any rebuttal expert witnesses and produce reports by 9/20/2019; All expert depositions shall be completed no later than 11/20/2019; All motions to compel shall be filed no later than 12/20/2019; Discovery completed by 1/20/2020; Dispositive motions to be filed no later than 2/20/2020; Mediation To End by 2/20/2020. (Court Reporter FTR Gold.) (RAZ) |
| RESCHEDULING NOTICE. Discovery Hearing set for 4/12/2019 at 11:15 AM is RESCHEDULED to 5/20/2019 at 11:15 AM before Hon. Michael J. Roemer. (RAZ) |
| Filing 24 TEXT ORDER. The Court is in receipt of correspondence dated 3/14/2019 from plaintiff's counsel (also emailed to defense counsel) regarding an issue with expert witness identification/disclosure. Defendant may respond no later than 4/10/2019. Discovery Hearing set for 4/12/2019 11:15 AM before Hon. Michael J. Roemer. SO ORDERED. Issued by Hon. Michael J. Roemer on 4/3/2019. (RAZ) |
| Filing 23 AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Motions to Compel Discovery due by 1/18/2019. Discovery completed by 2/19/2019. Plaintiff Expert Witness ID due by 3/18/2019. Defendant Expert Witness ID due by 4/30/2019. Dispositive Motions due by 8/16/2019. Mediation To End by 8/16/2019. Signed by Hon. Michael J. Roemer on 11/16/2018. (RAZ) |
| Filing 22 TEXT ORDER. The parties have requested, via letter to the Court, an extension of the case management order deadlines. This request is granted and an amended case management order will be issued. SO ORDERED. Issued by Hon. Michael J. Roemer on 11/16/2018. (RAZ) |
| Filing 21 Mediation Certification by Robert B. Calihan, Esq(AGW) |
| Filing 20 Stipulation-Selection of Mediator by Caterpillar Underground Mining Pty. Ltd.. (Freedenberg, John) |
| Filing 19 STIPULATED PROTECTIVE ORDER. Signed by Hon. Michael J. Roemer on 6/18/2018. (RAZ) |
| Filing 18 STIPULATION /Stipulated Protective Order by Caterpillar Elphinstone Pty Ltd, Caterpillar Inc., Caterpillar Underground Mining Pty. Ltd., Elphinstone Pty Ltd. (Freedenberg, John) |
| Filing 17 CASE MANAGEMENT ORDER. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Mandatory Disclosures due by 6/15/2018. Stipulation of Selection of Mediator due by 7/2/2018. First Mediation Session due by 9/14/2018. Motions to Join Parties/Amend Pleadings due by 9/17/2018. Motions to Compel Discovery due by 10/16/2018. Discovery completed by 11/16/2018. Plaintiff Expert Witness ID due by 12/17/2018. Defendant Expert Witness ID due by 1/31/2019. Dispositive Motions due by 5/15/2019. Mediation To End by 5/15/2019. Signed by Hon. Michael J. Roemer on 5/16/2018. (RAZ) |
| E-Filing Notification regarding Civil Case Terminated. The case was closed in error and has been re-opened. (KM) |
| Filing 16 Minute Entry for proceedings held before Hon. Michael J. Roemer. Preliminary Pretrial Conference held on 5/15/2018. Discussions held regarding case management deadlines, consent to proceed before the magistrate judge and mediation. Case Management Order to be issued.Parties stated they agree to discontinue the action as to pltf Laura M. DeGraff and withdraw the Sixth Cause of Action as the DeGraffs were not married at the time of the accident. Court is directing parties file a Stipulation regarding that issue. Appearances: Mark S. Nunn, Esq. via teleconference on behalf of pltfs; John P. Freedenberg, Esq. on behalf of deft Caterpillar Underground Mining Pty. Ltd. (Court Reporter FTR Gold.) (RAZ) |
| Filing 15 TEXT ORDER re #11 Stipulation to discontinue action as against defendants Elphinstone Pty. Ltd. and Caterpillar, Inc. is HEREBY SO ORDERED. The Clerk of the Court is DIRECTED to terminate them as defendants and amend the current name of the defendant formerly known as Caterpillar Elphinstone Pty. Ltd. to read as Caterpillar Underground Mining Pty. Ltd. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/15/2018. (CMD)-CLERK TO FOLLOW UP- |
| Filing 14 LETTER ORDER granting Attorney Mark S. Nunn's request to participate in the 5/15/2018 preliminary pretrial conference by telephone. The Court will supply call-in instructions via a separate email. SO ORDERED. Issued by Hon. Michael J. Roemer on 5/14/2018. (RAZ) |
| Filing 13 AFFIDAVIT of Service for Summons & Complaint served on Elphinstone Pty Ltd on March 2, 2018, filed by Laura M. DeGraff, Philip C. DeGraff. (Nunn, Mark) |
| Filing 12 AFFIDAVIT of Service for Summons & Complaint served on Caterpillar Elphinstone Pty Ltd on March 2, 2018, filed by Laura M. DeGraff, Philip C. DeGraff. (Nunn, Mark) |
| Filing 11 STIPULATION to Amend Caption - Court review/approval requested by Caterpillar Elphinstone Pty Ltd, Caterpillar Inc., Elphinstone Pty Ltd. (Freedenberg, John) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) |
| Filing 10 Corporate Disclosure Statement by Caterpillar Elphinstone Pty Ltd. (Freeman, Timothy) |
| Filing 9 ANSWER to Complaint by Caterpillar Elphinstone Pty Ltd. (Attachments: #1 Certificate of Service)(Freeman, Timothy) |
| Filing 8 NOTICE of Appearance by Timothy R. Freeman on behalf of Caterpillar Elphinstone Pty Ltd, Caterpillar Inc. (Freeman, Timothy) |
Filing 7
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Preliminary Pretrial Conference set for 5/15/2018 11:00 AM before Hon. Michael J. Roemer. Signed by Hon. Michael J. Roemer on 3/29/2018. (RAZ)
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| Filing 6 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/28/2018. (CMD) |
| Filing 5 NOTICE of Appearance by John P. Freedenberg on behalf of Caterpillar Inc. (Freedenberg, John) |
| Filing 4 ANSWER to Complaint by Caterpillar Inc.. (Attachments: #1 Certificate of Service)(Gilmartin, Robert) |
| Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of on-line civil opening. (KM) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KM) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) |
| Filing 3 CONTINUATION OF EXHIBITS to #1 Notice of Removal, . (Attachments: #1 Civil Cover Sheet)(Gilmartin, Robert) |
| E-Filing Notification regarding #1 NOTICE OF REMOVAL. Action required. Filer should file a civil cover sheet and pursuant to Local Rule 81 (3) (A) filer should file an index identifying each document filed and/or served in state court. The documents can be filed using the (continuation of exhibits) event. (KM) |
| Filing 2 Corporate Disclosure Statement by Caterpillar Inc. identifying Corporate Parent Caterpillar Inc. for Caterpillar Inc... (Gilmartin, Robert) |
| Filing 1 NOTICE OF REMOVAL by Caterpillar Inc. from Supreme Court of New York, County of Wyoming, case number 49715/2017. (Filing fee $ 400 receipt number 0209-3018816), filed by Caterpillar Inc.. (Attachments: #1 Ex A Summons and Complaint, #2 Ex B Affidavit of Matthew R. Taphorn, #3 Cert of Service, #4 Notice of Notice of Removal to State Court, #5 Notice of Notice of Removal to Plaintiff)(Gilmartin, Robert) |
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