WHITE v. COUNTRY COACH, INC. et al
| THEODORE E. WHITE |
| COUNTRY COACH, INC., COUNTRY COACH LLC and CATERPILLAR, INC. |
| 1:2007cv00852 |
| November 8, 2007 |
| US District Court for the Middle District of North Carolina |
| Durham Office |
| Randolph |
| P TREVOR SHARP |
| Contract Product Liability |
| 15 U.S.C. § 2301 |
| Both |
Docket Report
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This docket was last retrieved on April 17, 2009. A more recent docket listing may be available from PACER.
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Filing 34
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 04/17/09, that the Clerk of Court terminate this action administratively in his records; and that any party shall have the right to reopen this case for any purpose on motion and notice to all parties, without prejudice to the rights of any of the parties, at any time prior to the 90th day after the final termination of the Bankruptcy proceedings. (Law, Trina)
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| CASE REFERRED to Magistrate Judge Sharp re: Pleadings #32 & #33 (Garrett, Kim) |
| Filing 33 NOTICE re #32 Notice of Filing Bankruptcy [Notice of USBC Order for Relief] by COUNTRY COACH, INC., COUNTRY COACH LLC. (MOORE, LARRY) |
| Filing 32 NOTICE of filing bankruptcy by Defendants COUNTRY COACH, INC., COUNTRY COACH LLC. (MOORE, LARRY) |
| Set Deadlines: Discovery due by 2/15/2009. Mediation due by 2/28/2009. Summary Judgment Motions due by 3/30/2009. (Law, Trina) |
| TEXT ORDER - As a result of a telephone conference on 12/11/2008, IT IS ORDERED that the discovery period is extended to 2/15/2009, the mediation deadline is extended to 2/28/2009, and the time for summary judgment motions is extended to 3/30/2009. The case is REMOVED from the Master Calendar in view of the parties' consent to the Magistrate Judge and the extension of discovery, and a trial date will be established by later order. The Court notes that Docket No. 19, a motion to extend time, is now MOOT by reason of docket entry 23. [Issued by MAG/JUDGE P. TREVOR SHARP on 12/11/2008.](Cable, Frances) |
| Minute Entry: Telephone Conference held on 12/11/2008 with MAG/JUDGE P. TREVOR SHARP; Plaintiff's attorney R. Scott Brown; and Defendants' attorney Larry Moore, III, re: #30 Joint Motion for Discovery Conference. (Cable, Frances) |
| Telephone Notice on 12/5/2008 to Attorney's R. Scott Brown and Larry Moore re: Telephone Conference to be held 12/11/08 at 10:00 am with Judge Sharp (Garrett, Kim) |
| Case Reassigned to MAG/JUDGE P. TREVOR SHARP. CHIEF JUDGE JAMES A. BEATY, JR no longer assigned to the case. (Powell, Gloria) |
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Filing 31
ORDER REFERRING CASE to Magistrate Judge P. TREVOR SHARP, to conduct all proceedings including a jury or nonjury trial, to order the entry of judgment, and to conduct all post-judgment proceedings therein. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 12/02/08. (Law, Trina) (Additional attachment(s) added on 12/16/2008: #1 Exhibit Consent Form) (Law, Trina).
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| CASE REFERRED to Judge Beaty re Order of Reference to USMJ. (Powell, Gloria) |
| ***Motions Referred: #30 JOINT MOTION FOR DISCOVERY CONFERENCE to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
| Filing 30 JOINT MOTION FOR DISCOVERY CONFERENCE by THEODORE E. WHITE. (BROWN, ROBERT) |
| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to ROBERT BROWN re 29 Notice of Joint Consent to Magistrate Jurisdiction. This document is not to be electronically filed. Please send this document to the court. (Law, Trina) |
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Filing 28
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 11/07/08, that Defendant's motion (Docket No. #26 ) is GRANTED and that Defendant shall have up to and including November 22, 2008, within which to respond to the Plaintiff's First Set of Interrogatories and Request for Production of Documents. Responses due by 11/22/2008. (Law, Trina)
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Filing 27
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 11/07/08, that Plaintiff's motion (Docket No. #24 ) is GRANTED and that the discovery period and the time to conduct mediation in the above matter is extended until November 30, 2008. The deadlines for dispositive motions is December 12, 2008, a date that cannot be extended in view of the trial date. (Law, Trina)
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| Set Deadlines: Mediation due by 11/30/2008. Dispositive Motions due by 12/12/2008. (Law, Trina) |
| NOTICE of Docket Text Modification re #22 Order: Regenerated NEF as to Attorney Robert Scott Brown. (Law, Trina) |
| ***Motions Referred: #26 First MOTION for Extension of Time to File Responses to Plaintiff's interrogatories and request for production of documents to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
| Filing 26 First MOTION for Extension of Time to File Responses to Plaintiff's interrogatories and request for production of documents by COUNTRY COACH, INC., COUNTRY COACH LLC. Responses due by 11/21/2008. (Attachments: #1 Text of Proposed Order)(MOORE, LARRY) |
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Filing 25
ORDER Appointing THOMAS C. DUNCAN as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
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| ***Motions Referred: #24 MOTION Theodore E. White, through undersigned counsel moves the Court for an Order to extend the discovery deadline and mediation dealine up to and including November 30, 2008 to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
| Filing 24 MOTION to move the Court for an Order to extend the discovery deadline and mediation deadline up to and including November 30, 2008 by THEODORE E. WHITE. Responses due by 10/30/2008. (BROWN, ROBERT) |
| Filing 23 STIPULATION of Dismissal of Party Caterpillar Inc. by THEODORE E. WHITE, COUNTRY COACH, INC., COUNTRY COACH LLC, CATERPILLAR INC. (MILLBERG, JOHN) |
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Filing 22
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 09/18/08, that the Court does not rule on the motion (Docket No. #19 ) at this time. In light of the serious considerations raised in Defendants' objections, Plaintiff must file with the Court, by September 30, a proposed expert identification and report. Defendants shall thereafter have 10 days to renew the objections, with specific reference to the proposed report. (Law, Trina)
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| ***Motions Referred: #19 MOTION for Extension of Time to Extend Time to Identify Rebuttal Expert Witnesses and Reports to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
| Filing 21 RESPONSE in Opposition re #19 MOTION for Extension of Time to Extend Time to Identify Rebuttal Expert Witnesses and Reports and Alternative request to limit scope of opinions and testimony for plaintiff's expert, and to authorize Country Coach to retain rebuttal experts filed by COUNTRY COACH, INC., COUNTRY COACH LLC. Replies due by 8/25/2008. (MOORE, LARRY) |
| Filing 20 RESPONSE in Opposition re #19 MOTION for Extension of Time to Extend Time to Identify Rebuttal Expert Witnesses and Reports filed by CATERPILLAR INC. Replies due by 8/25/2008. (MILLBERG, JOHN) |
| Filing 19 MOTION for Extension of Time to Extend Time to Identify Rebuttal Expert Witnesses and Reports by THEODORE E. WHITE. Responses due by 9/1/2008. (BROWN, ROBERT) |
| Filing 18 NOTICE of Hearing: Jury Trial set for 4/6/2009 09:30 AM in Unassigned Courtroom. Trial briefs, etc. deadline set for 3/17/2009. (Kemp, Donita) |
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Filing 17
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 04/30/08, that parties shall participate in a mediated settlement conference pursuant to LR83.9b by the close of discovery. They may submit the name of an agreed-upon mediator within 45 days of this Order. (Law, Trina)
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| MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 6/14/2008. Mediation due by 10/30/2008. (Gammon, Cheryl) |
| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to JOHN MILLBERG re #16 Initial Disclosures. As to future filings, Initial Disclosure documents are not filed with the Court they are to be served on counsel or parties. (Law, Trina) |
| Filing 16 INITIAL DISCLOSURES by CATERPILLAR INC. (Attachments: #1 Exhibit Caterpillar Limited Warranty SELF5350)(MILLBERG, JOHN) |
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Filing 15
ORDER granting #14 RULE 26F REPORT (JOINT) signed by MAG/JUDGE P. TREVOR SHARP on 02/27/08. Plaintiff's Amended Pleadings due by 5/21/2008. Joinder of Parties for Plaintiff due by 4/21/2008. Defendants' Amended Pleadings due by 6/1/2008. Joinder of Parties for Defendant due by 5/21/2008. Discovery due by 10/30/2008. Dispositive Motions due by 11/30/2008. Trial of this case is expected to take approximately 3-4 days. (Law, Trina)
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| ***Motions Referred: #14 Rule 26(f) Report (Joint) Proposed Discovery Plan filed by all parties to MAG/JUDGE P. TREVOR SHARP. (Williamson, Wanda) |
| Filing 14 Rule 26(f) Report (Joint) Proposed Discovery Plan filed by all parties by THEODORE E. WHITE.(BROWN, ROBERT) |
| Case Reassigned to CHIEF JUDGE JAMES A. BEATY, JR. UNASSIGNED no longer assigned to the case. (Powell, Gloria) |
| Filing 13 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/25/2008 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Williamson, Wanda) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendants COUNTRY COACH, INC., COUNTRY COACH LLC. (MOORE, LARRY) |
| Filing 11 ANSWER to Complaint with Jury Demand by COUNTRY COACH, INC., COUNTRY COACH LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(MOORE, LARRY) |
| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to LARRY MOORE re #8 Answer to Complaint. Document fails to include electronic signature. Please refile this document with filer's electronic signature. (Law, Trina) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant CATERPILLAR INC. (MILLBERG, JOHN) |
| Filing 9 ANSWER to #1 Complaint with Jury Demand by CATERPILLAR INC. (MILLBERG, JOHN) |
| Filing 8 ANSWER to #1 Complaint with Jury Demand by COUNTRY COACH, INC., COUNTRY COACH LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(MOORE, LARRY) |
| Filing 7 Notice to Parties RE: SO30. Responses due by 1/28/2008 (McCarty, Dianne) |
| Filing 6 First MOTION for Extension of Time to File Answer by COUNTRY COACH, INC., COUNTRY COACH LLC. Responses due by 1/3/2008. (MOORE, LARRY) |
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ORDER granting #6 Motion for Extension of Time to Answer for COUNTRY COACH, INC. and COUNTRY COACH LLC. Answer due by 1/3/2008. Signed by John Brubaker, Clerk of Court, on 12/04/07. (BRUBAKER, JOHN)
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| Filing 5 MOTION for Extension of Time to File Answer by CATERPILLAR INC. Responses due by 12/26/2007. (MILLBERG, JOHN) |
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ORDER granting #5 Motion for Extension of Time to Answer for CATERPILLAR INC. Answer due by 1/3/2008. Signed by John Brubaker, Clerk of Court, on 12/03/07. (BRUBAKER, JOHN)
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| Filing 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) |
| Filing 3 Summons Issued as to COUNTRY COACH, INC., COUNTRY COACH LLC, CATERPILLAR INC. (Attachments: #1 Additional summons, #2 Additional summons)(McClain, Abby) |
| Filing 2 CIVIL COVER SHEET, filed by Theodore E. White.(BROWN, ROBERT) |
| Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 04180000000000381355.), filed by Theodore E. White.(BROWN, ROBERT) |
| CASE REFERRED to Standing Order 30 (McClain, Abby) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (McClain, Abby) |
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