Jones v. Caterpillar Inc. et al
Plaintiff: Jones and John Alan Jones
Defendant: Caterpillar Inc, Caterpillar Inc. and Gregory Poole Equipment Company
Case Number: 7:2016cv00331
Filed: September 23, 2016
Court: US District Court for the Eastern District of North Carolina
Office: Southern Division Office
County: NEWHANOVER
Presiding Judge: Malcolm J Howard
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 25, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2017 Filing 39 STIPULATION of Dismissal by Gregory Poole Equipment Company (Partrick, Sean)
July 11, 2017 Opinion or Order 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.)
June 20, 2017 Opinion or Order 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.)
June 15, 2017 Filing 36 STATUS REPORT Joint by Gregory Poole Equipment Company (Partrick, Sean)
May 16, 2017 Remark - A copy of the joint status report #35 forwarded to Magistrate Judge Kimberly A. Swank. (Rudd, D.)
May 15, 2017 Filing 35 STATUS REPORT by Gregory Poole Equipment Company (Partrick, Sean)
April 21, 2017 Opinion or Order 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.)
April 21, 2017 ****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.)
April 19, 2017 Remark - A copy of the joint status report #33 forwarded to Magistrate Judge Kimberly A. Swank. (Rudd, D.)
April 18, 2017 Filing 33 Notice filed by John Alan Jones Joint Status Report. (Horne, H.)
March 16, 2017 Remark - A copy of the notice of suggestion of subsequently controlling decided authority #32 submitted to Senior District Judge Malcolm J. Howard. (Rudd, D.)
March 15, 2017 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)
March 3, 2017 Opinion or Order Filing 31 ORDER DENIED WITHOUTH PREJUDICE #30 Motion for Protective Order. Signed by Magistrate Judge Kimberly A. Swank on 3/3/2017. (Rudd, D.)
March 1, 2017 Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: #30 Consent MOTION for Protective Order. (Rudd, D.)
February 28, 2017 Filing 30 Consent MOTION for Protective Order filed by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order Consent Protective Order) (Millberg, John)
January 30, 2017 Filing 29 Selection of Thomas C. Duncan as mediator filed by Caterpillar Inc.. (Millberg, John)
January 26, 2017 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.)
January 25, 2017 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)
January 11, 2017 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)
January 10, 2017 Opinion or Order 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.)
January 9, 2017 Opinion or Order 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.)
January 9, 2017 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.)
January 9, 2017 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.)
December 30, 2016 Filing 23 Rule 26(f) Report (joint) filed by Gregory Poole Equipment Company. (Partrick, Sean)
December 14, 2016 Opinion or Order 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.)
December 12, 2016 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)
December 12, 2016 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.)
December 1, 2016 Opinion or Order Filing 20 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 12/1/2016. (Rudd, D.)
December 1, 2016 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.)
November 30, 2016 Filing 19 ANSWER to Complaint with Jury Demand by Caterpillar Inc.. (Millberg, John)
November 30, 2016 Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Incorporated Memorandum of Law filed by Caterpillar Inc.. (Millberg, John)
October 24, 2016 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)
October 24, 2016 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)
October 3, 2016 Filing 15 Financial Disclosure Statement by Caterpillar Inc. (Millberg, John)
September 30, 2016 Filing 14 ANSWER to Complaint , by Gregory Poole Equipment Company. (Pettey, Rodney) Modified on 10/3/2016 to clarify docket text. (Rudd, D.)
September 30, 2016 Filing 13 Notice of Appearance filed by Karl Joseph Amelchenko on behalf of All Plaintiffs. (Amelchenko, Karl)
September 30, 2016 Filing 12 Financial Disclosure Statement by John Alan Jones (Horne, H.)
September 30, 2016 Filing 11 Notice of Appearance filed by H. Forest Horne, Jr on behalf of All Plaintiffs. (Horne, H.)
September 29, 2016 Filing 10 Notice of Appearance filed by John C. Millberg on behalf of Caterpillar Inc.. (Millberg, John)
September 29, 2016 Filing 9 Notice filed by Caterpillar Inc. re Acceptance of Service of Summons and Complaint and Waiver of Formal Service. (Millberg, John)
September 29, 2016 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.)
September 28, 2016 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)
September 28, 2016 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.)
September 27, 2016 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)
September 27, 2016 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)
September 27, 2016 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).
September 27, 2016 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)
September 23, 2016 Filing 5 Notice of Appearance filed by Rodney E. Pettey on behalf of Gregory Poole Equipment Company. (Pettey, Rodney)
September 23, 2016 Filing 4 Notice of Appearance filed by Sean T. Partrick on behalf of Gregory Poole Equipment Company. (Partrick, Sean)
September 23, 2016 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)
September 23, 2016 Filing 2 Financial Disclosure Statement by Gregory Poole Equipment Company identifying Corporate Parent Panther Summit Industries, Inc. for Gregory Poole Equipment Company. (Partrick, Sean)
September 23, 2016 Filing 1 Declaration Civil Cover Sheet by Gregory Poole Equipment Company (Partrick, Sean)

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Plaintiff: Jones
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Plaintiff: John Alan Jones
Represented By: Karl Joseph Amelchenko
Represented By: H. Forest Horne, Jr.
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Defendant: Caterpillar Inc
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Defendant: Caterpillar Inc.
Represented By: John C. Millberg
Represented By: Charles S. Davant
Represented By: Kimberly A. Cook
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Defendant: Gregory Poole Equipment Company
Represented By: Sean T. Partrick
Represented By: Rodney E. Pettey
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