Jones v. Caterpillar Inc. et al
Jones and John Alan Jones |
Caterpillar Inc, Caterpillar Inc. and Gregory Poole Equipment Company |
7:2016cv00331 |
September 23, 2016 |
US District Court for the Eastern District of North Carolina |
Southern Division Office |
NEWHANOVER |
Malcolm J Howard |
Contract: Other |
28 U.S.C. § 1441 |
Both |
Docket Report
This docket was last retrieved on July 25, 2017. A more recent docket listing may be available from PACER.
Document Text |
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Filing 39 STIPULATION of Dismissal by Gregory Poole Equipment Company (Partrick, Sean) |
Filing 38 ORDER denying #18 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Malcolm J. Howard on 7/10/2017. (Rudd, D.) |
Filing 37 TEXT ORDER - In light of the information, provided by the parties in their joint report #36 , the court continues the non-final pretrial conference currently scheduled for June 21, 2017, until August 29, 2017 at 1:30 p.m. On or before August 24, 2017, the parties shall confer and submit to the court a joint report in accordance with Section G of the Case Management Order entered in this action. Entered by Magistrate Judge Kimberly A. Swank on 6/20/2017. (Rudd, D.) |
Filing 36 STATUS REPORT Joint by Gregory Poole Equipment Company (Partrick, Sean) |
Remark - A copy of the joint status report #35 forwarded to Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
Filing 35 STATUS REPORT by Gregory Poole Equipment Company (Partrick, Sean) |
Filing 34 TEXT ORDER - In light of the information, provided by the parties in their joint report [DE #33], the court continues the non-final pretrial conference currently scheduled for 4/26/2017 at 11:00 a.m. to 6/21/2017 at 11:00 a.m. Entered by Magistrate Judge Kimberly A. Swank on 4/21/2017. (Rudd, D.) |
****Reset Hearing: Rule 16 Non-Final Pretrial Conference reset for 6/21/2017 at 11:00 AM in Greenville Courtroom before Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
Remark - A copy of the joint status report #33 forwarded to Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
Filing 33 Notice filed by John Alan Jones Joint Status Report. (Horne, H.) |
Remark - A copy of the notice of suggestion of subsequently controlling decided authority #32 submitted to Senior District Judge Malcolm J. Howard. (Rudd, D.) |
Filing 32 Notice of Suggestion of Subsequently Controlling Decided Authority filed by John Alan Jones . (Attachments: #1 Supplement State Farm Mut. Auto. Insur. Co. v. Norcold, Inc.) (Amelchenko, Karl) |
Filing 31 ORDER DENIED WITHOUTH PREJUDICE #30 Motion for Protective Order. Signed by Magistrate Judge Kimberly A. Swank on 3/3/2017. (Rudd, D.) |
Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: #30 Consent MOTION for Protective Order. (Rudd, D.) |
Filing 30 Consent MOTION for Protective Order filed by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order Consent Protective Order) (Millberg, John) |
Filing 29 Selection of Thomas C. Duncan as mediator filed by Caterpillar Inc.. (Millberg, John) |
Motion Submitted to Senior Judge Malcolm J. Howard: regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law. (Rudd, D.) |
Filing 28 REPLY to Response to Motion regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law filed by Caterpillar Inc.. (Millberg, John) |
Filing 27 Memorandum in Opposition regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law filed by John Alan Jones. (Amelchenko, Karl) |
Filing 26 ORDER granting #24 Motion for Extension of Time to File Response regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law. Responses due by 1/11/2017. Signed by Magistrate Judge Kimberly A. Swank on 1/9/2017. (Rudd, D.) |
Filing 25 CASE MANAGEMENT ORDER: A Non-Final Pretrial Conference set for 4/26/2017 at 11:00 AM in Greenville Annex before Magistrate Judge Kimberly A. Swank. Discovery due by 6/26/2017. Mediation Deadline set for 6/30/2017. Motions due by 11/6/2017. Final Pretrial Conference set for 4/16/2018 term in Greenville Courtroom before Senior Judge Malcolm J. Howard. Signed by Magistrate Judge Kimberly A. Swank on 1/9/2017. (Lee, L.) |
Filing 24 Consent MOTION for Extension of Time to File Response as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law, #22 Order on Motion for Extension of Time to File Response, filed by John Alan Jones. (Attachments: #1 Text of Proposed Order) (Amelchenko, Karl) Modified on 1/10/2017 to clarify docket text. (Rudd, D.) |
Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: #24 Consent MOTION for Extension of Time to File Response as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law. (Lee, L.) |
Filing 23 Rule 26(f) Report (joint) filed by Gregory Poole Equipment Company. (Partrick, Sean) |
Filing 22 ORDER granting #21 Motion for Extension of Time to File Response regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law. Responses due by 1/9/2017. Signed by Magistrate Judge Kimberly A. Swank on 12/13/2016. (Rudd, D.) |
Filing 21 Consent MOTION for Extension of Time to File Response as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law filed by John Alan Jones. (Attachments: #1 Text of Proposed Order Order) (Amelchenko, Karl) |
Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: #21 Consent MOTION for Extension of Time to File Response as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law. (Lee, L.) |
Filing 20 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 12/1/2016. (Rudd, D.) |
Notice to Counsel regarding: #18 Motion to Dismiss for Failure to State a Claim. In the future, the supporting memorandum shall be filed as a stand alone document and linked to the corresponding motion. No need to refile at this time. (Rudd, D.) |
Filing 19 ANSWER to Complaint with Jury Demand by Caterpillar Inc.. (Millberg, John) |
Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law filed by Caterpillar Inc.. (Millberg, John) |
Filing 17 Notice of Appearance for non-district by Charles S. Davant on behalf of Caterpillar Inc.. (Attachments: #1 Exhibit Electronic Filing Attorney Registration Form) (Davant, Charles) |
Filing 16 Notice of Appearance for non-district by Kimberly A. Cook on behalf of Caterpillar Inc.. (Attachments: #1 Exhibit Electronic Filing Attorney Registration Form) (Cook, Kimberly) |
Filing 15 Financial Disclosure Statement by Caterpillar Inc. (Millberg, John) |
Filing 14 ANSWER to Complaint , by Gregory Poole Equipment Company. (Pettey, Rodney) Modified on 10/3/2016 to clarify docket text. (Rudd, D.) |
Filing 13 Notice of Appearance filed by Karl Joseph Amelchenko on behalf of All Plaintiffs. (Amelchenko, Karl) |
Filing 12 Financial Disclosure Statement by John Alan Jones (Horne, H.) |
Filing 11 Notice of Appearance filed by H. Forest Horne, Jr on behalf of All Plaintiffs. (Horne, H.) |
Filing 10 Notice of Appearance filed by John C. Millberg on behalf of Caterpillar Inc.. (Millberg, John) |
Filing 9 Notice filed by Caterpillar Inc. re Acceptance of Service of Summons and Complaint and Waiver of Formal Service. (Millberg, John) |
Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) |
Filing 8 AMENDED DOCUMENT by Gregory Poole Equipment Company. Amendment to #7 Notice of Removal, #3 Notice of Removal, Civil Summons (Attachments: #1 Exhibit Acceptance of Service) (Partrick, Sean) |
NOTICE OF DEFICIENCY regarding: #7 Notice of Removal, #3 Notice of Removal. The notice of removal is incomplete. All state court papers must be attached and properly described. Counsel must refile the notice of removal. (Rudd, D.) |
Filing 7 NOTICE OF REMOVAL by Gregory Poole Equipment Company from New Hanover County Superior Court, case number 16 CVS 2308. ( Filing fee $ 400 receipt number 0417-3838033), filed by Gregory Poole Equipment Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint) (Partrick, Sean) |
Filing 6 NOTICE to plaintiff's counsel regarding removal of case and requirement to file Notice of Appearance. Served on plaintiff's counsel via US Mail on September 27, 2016. (Felder, J) |
NOTICE OF DEFICIENCY regarding: #3 Notice of Removal (Attachment 1). These documents are not text searchable and must be refiled pursuant to Local Civil Rule 5.1, which requires that all documents submitted for filing must be in a text searchable format. (Felder, J) Modified on 9/27/2016 to correct deficiency text (Felder, J). |
NOTICE TO COUNSEL - In future filings, counsel is reminded that the case initiating document (i.e. Notice of Removal) should be the first item filed in the case, with the civil cover sheet filed as an attachment. In addition, counsel is reminded that all future filings must conform to this court's policies which require reflection of the case number on all documents filed in this action. (Felder, J) |
Filing 5 Notice of Appearance filed by Rodney E. Pettey on behalf of Gregory Poole Equipment Company. (Pettey, Rodney) |
Filing 4 Notice of Appearance filed by Sean T. Partrick on behalf of Gregory Poole Equipment Company. (Partrick, Sean) |
Filing 3 NOTICE OF REMOVAL by Gregory Poole Equipment Company from New Hanover County Superior Court, case number 16 CVS 2308. ( Filing fee $ 400 receipt number 0417-3838033), filed by Gregory Poole Equipment Company. (Attachments: #1 Exhibit Complaint) (Partrick, Sean) |
Filing 2 Financial Disclosure Statement by Gregory Poole Equipment Company identifying Corporate Parent Panther Summit Industries, Inc. for Gregory Poole Equipment Company. (Partrick, Sean) |
Filing 1 Declaration Civil Cover Sheet by Gregory Poole Equipment Company (Partrick, Sean) |
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