Loberg v. Caterpillar Inc.
Defendant: Caterpillar, Inc. and Caterpillar Inc.
Petitioner: Brian Loberg
Interested Party: Caroline Conrad
Case Number: 3:2019cv00012
Filed: January 15, 2019
Court: US District Court for the District of North Dakota
Presiding Judge: Daniel L Hovland
Referring Judge: Alice R Senechal
2 Judge: Peter D Welte
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 12101 Disabilities Act of 1990
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2022 Filing 190 CLERK'S JUDGMENT in favor of Caterpillar Inc. against Brian Loberg. (mf) Distributed on 4/4/2022 (mf)
April 4, 2022 Opinion or Order Filing 189 ORDER by Judge Daniel L. Hovland adopting #187 Report and Recommendations; granting #182 Motion to Dismiss for Lack of Prosecution. (RLB) (Main Document 189 replaced on 4/4/2022 to remove blank second page) NEF Regenerated. Distributed on 4/4/2022 (mf)
March 31, 2022 Filing 188 OBJECTION by Brian Loberg to #187 Report and Recommendations. (pb)
March 14, 2022 Filing 187 REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal recommending the #182 MOTION to Dismiss for Lack of Prosecution filed by Caterpillar Inc. be granted and the #1 Complaint filed by Brian Loberg be dismissed. Objections to R&R due by 3/31/2022. (AS) Distributed on 3/14/2022 (pb).
March 2, 2022 DOCKET CORRECTION re: #186 Reply to Response to Motion. Clerk's Office added description for Exhibit 1. (cjs)
March 1, 2022 Filing 186 REPLY to Response to Motion re #182 MOTION to Dismiss for Lack of Prosecution filed by Caterpillar Inc.. (Attachments: #1 Exhibit 1-FedEx Detailed Tracking)(Smentek, Sharilee) Modified on 3/2/2022 to add description for Exhibit 1 (cjs).
February 14, 2022 Filing 185 RESPONSE to Motion re #182 MOTION to Dismiss for Lack of Prosecution filed by Brian Loberg. (js)
February 1, 2022 Set/Reset Deadlines as to #182 MOTION to Dismiss for Lack of Prosecution . Response due by 2/14/2022 (jb)
January 31, 2022 Opinion or Order Filing 184 ORDER by Magistrate Judge Alice R. Senechal re: #182 MOTION to Dismiss for Lack of Prosecution filed by Caterpillar Inc. Plaintiff's response to the motion is due by 2/14/2022. (AS) Distributed on 1/31/2022 (pb).
January 24, 2022 DOCKET CORRECTION re: #183 Memorandum in Support. Clerk's office added exhibit letters and descriptions to exhibits. (jb)
January 21, 2022 Filing 183 MEMORANDUM in Support re #182 MOTION to Dismiss for Lack of Prosecution filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Email of December 22, 2021, #2 Exhibit B - Email of January 6, 2022, #3 Exhibit C - Email of January 12, 2022)(Smentek, Sharilee) Modified on 1/24/2022 to add exhibit letters and descriptions to exhibits. (jb)
January 21, 2022 Filing 182 MOTION to Dismiss for Lack of Prosecution by Caterpillar Inc.. (Smentek, Sharilee)
January 6, 2022 Filing 180 CLERK'S JUDGMENT in favor of Caterpillar Inc. against Brian Loberg by Judge Daniel L. Hovland. Distributed on 01/06/2022.(jb)
January 6, 2022 Opinion or Order Filing 179 ORDER by Judge Daniel L. Hovland granting #174 Motion for Entry of Judgment under Rule 54(b) (MM) Distributed on 1/6/2022. (jb)
January 3, 2022 Filing 181 SEALED DOCUMENT (Discovery Materials) by Caroline Conrad. (Attachments: #1 Cover Letter)(NOTE: Filed per Chambers). (pb)
December 22, 2021 Opinion or Order Filing 178 ORDER by Magistrate Judge Alice R. Senechal granting #176 Motion for Extension of Time to Complete Discovery. (KT) Distributed on 12/22/2021 (js).
December 21, 2021 Filing 177 MEMORANDUM in Support re #176 MOTION for Extension of Time to Complete Discovery filed by Caterpillar Inc.. (Smentek, Sharilee)
December 21, 2021 Filing 176 MOTION for Extension of Time to Complete Discovery by Caterpillar Inc.. (Smentek, Sharilee)
December 17, 2021 Filing 175 MEMORANDUM in Support re #174 MOTION for Entry of Judgment under Rule 54(b) filed by Caterpillar Inc.. (Smentek, Sharilee)
December 17, 2021 Filing 174 MOTION for Entry of Judgment under Rule 54(b) by Caterpillar Inc.. (Smentek, Sharilee)
December 16, 2021 Opinion or Order Filing 173 ORDER by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 9/16/2022 at 02:00 PM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (AS) Distributed on 12/16/2021 (pb).
December 16, 2021 Opinion or Order Filing 172 ORDER LIFTING STAY and SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Dispositive Motions due by 3/15/2022. Pretrial Conference set for 10/3/2022 at 09:00 AM in Fargo Courtroom 1 before Judge Daniel L. Hovland. Jury Trial set for 10/3/2022 at 09:30 AM in Fargo Courtroom 1 before Judge Daniel L. Hovland. (Trial Est. 4-5 Days). (AS) Distributed on 12/16/2021 (pb).
December 14, 2021 Opinion or Order Filing 171 ORDER by Judge Daniel L. Hovland granting #145 Motion for Sanctions and adopting the remaining part of #165 Report and Recommendation. (RLB) Distributed on 12/14/2021 (mf)
November 3, 2021 Filing 170 RESPONSE TO ORDER TO SHOW CAUSE re #169 Order by Caroline Conrad. (Attachments: #1 SEALED - Mayo Clinic Reports) NOTE: Per direction of Chambers, sealed restriction added to attachment due to personal identifiers.(lc)
October 20, 2021 Opinion or Order Filing 169 ORDER by Judge Daniel L. Hovland deferring ruling on #145 Motion for Sanctions; granting #153 Motion for Sanctions; adopting in part #165 Report and Recommendations. (RLB) Distributed on 10/20/2021 (cjs).
October 20, 2021 Set Deadlines/Hearings: Show Cause Response due by 11/3/2021. (cjs)
September 15, 2021 Filing 168 RESPONSE to Objection to Report & Recommendations by Caterpillar Inc. re #166 Objection to Report and Recommendations. (Smentek, Sharilee)
August 27, 2021 Filing 167 SEALED DOCUMENT (CON-01-65) re #166 Objection to Report and Recommendations by Caroline Conrad. (pb)
August 27, 2021 Filing 166 OBJECTION by Caroline Conrad to #165 Report and Recommendations. (Attachments: #1 Charge of Discrimination & its Exhibits A-L, #2 Mailing Envelope)(pb)
August 10, 2021 Filing 165 REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal re #153 MOTION for Sanctions [SECOND MOTION] filed by Caterpillar Inc., #145 MOTION for Sanctions [SECOND MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD] filed by Caterpillar Inc., and #162 MOTION for Extension of Time to File filed by Brian Loberg. Objections to R&R due by 8/27/2021. (AKS) Distributed on 8/11/2021 (js).
August 10, 2021 Opinion or Order Filing 164 ORDER by Magistrate Judge Alice R. Senechal denying plaintiffs #151 Motion to Compel, granting defendants #155 Motion for Extension of Time to Complete Discovery, granting #162 plaintiffs request for an extension of time to the extent described in the contemporaneously filed Report and Recommendation, denying plaintiffs request for reconsideration of the June 9, 2021 order, and directing that plaintiff pay attorney fees in the amount of $6,838.50 within thirty days. (AKS) (Main Document 164 replaced on 8/11/2021 to remove blank page 9; NEF Regenerated; Distributed on 8/11/2021). (js)
August 9, 2021 Filing 163 REPLY to Response to Motion re #153 MOTION for Sanctions [SECOND MOTION] DEFENDANTS REPLY IN SUPPORT OF ITS SECOND MOTION FOR SANCTIONS filed by Caterpillar Inc.. (Smentek, Sharilee)
August 2, 2021 Filing 162 MOTION for Extension of Time to File Document re #153 Motion for Sanctions by Brian Loberg. (sj)
July 29, 2021 DOCKET CORRECTION re: #161 Response. Clerk's Office added descriptions and numbers to exhibits. (mf)
July 28, 2021 Filing 161 RESPONSE to Motion re #151 MOTION to Compel [OPPOSITION TO PLAINTIFF'S MOTION] filed by Caterpillar Inc.. (Attachments: #1 Exhibit 1 - Plaintiffs First Set of Requests, #2 Exhibit 2 - Plaintiffs Second Set of Requests, #3 Exhibit 3 - Defendants Amended and Supplemental Objections and Responses to Plaintiffs First Set of Requests and Defendants Objections and Responses to Plaintiffs Second Set of Requests)(Smentek, Sharilee) Modified on 7/29/2021 to add exhibit numbers and descriptions to exhibits (mf).
July 21, 2021 Filing 160 REPLY to Response to Motion re #145 MOTION for Sanctions [SECOND MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD] filed by Caterpillar Inc.. (Smentek, Sharilee)
July 19, 2021 Filing 159 RESPONSE to Motion re #145 MOTION for Sanctions [SECOND MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD] filed by Caroline Conrad. (Attachments: #1 Parker Daniels Kibord 1.20.21 Invoice, #2 Email Correspondence between Conrad and Jeff Pesch from 5.12.21 to 5.14.21)(js)
July 16, 2021 Opinion or Order Filing 157 ORDER by Magistrate Judge Alice R. Senechal re: #153 MOTION for Sanctions and #155 MOTION for Extension of Time to Complete Discovery. Responses due by 8/2/2021. (AS) Distributed on 7/16/2021 (js).
July 16, 2021 DOCKET CORRECTION re: #152 Affidavit. Wrong event selected. Clerk's Office restricted access to document and re-filed as Brief at #158 . (mf)
July 15, 2021 Filing 158 BRIEF (Reply in Support of Its Fee Affidavit) re #142 Affidavit by Caterpillar Inc.. (mf)
July 15, 2021 Filing 156 MEMORANDUM in Support re #155 MOTION for Extension of Time to Complete Discovery filed by Caterpillar Inc.. (Smentek, Sharilee)
July 15, 2021 Filing 155 MOTION for Extension of Time to Complete Discovery by Caterpillar Inc.. (Smentek, Sharilee)
July 15, 2021 Filing 154 MEMORANDUM in Support re #153 MOTION for Sanctions [SECOND MOTION] filed by Caterpillar Inc.. (Smentek, Sharilee)
July 15, 2021 Filing 153 MOTION for Sanctions [SECOND MOTION] by Caterpillar Inc.. (Smentek, Sharilee)
July 15, 2021 Filing 152 *RESTRICTED - WRONG EVENT SELECTED* AFFIDAVIT [REPLY IN SUPPORT OF ITS FEE AFFIDAVIT] re #142 Affidavit by Caterpillar Inc.. (Smentek, Sharilee) Modified on 7/16/2021 to restrict access (mf)
July 14, 2021 Filing 151 MOTION to Compel by Brian Loberg. (Attachments: #1 Email to Judge Senechal Dated: 7/7/2021 RE: Employment and Medical Records)(sj)
July 14, 2021 Filing 150 RESPONSE to Motion re #145 MOTION for Sanctions [SECOND MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD] filed by Brian Loberg. (Attachments: #1 Tracking Letter: 774156876117 Dated: 7/4/2021)(sj)
July 2, 2021 Opinion or Order Filing 148 ORDER by Magistrate Judge Alice R. Senechal re: #145 MOTION for Sanctions filed by Caterpillar Inc. Caroline Conrad's response is due by 7/19/2021. (AS) Distributed on 7/2/2021 (js).
July 2, 2021 Filing 147 SEALED DOCUMENT (Discovery Documents) re #143 Order by Brian Loberg. (NOTE: filed per Chambers). (pb)
July 2, 2021 Set/Reset Deadlines as to #145 MOTION for Sanctions [SECOND MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD]. Responses due by 7/19/2021 (js)
July 1, 2021 Filing 146 MEMORANDUM in Support re #145 MOTION for Sanctions [SECOND MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD] filed by Caterpillar Inc.. (Smentek, Sharilee)
July 1, 2021 Filing 145 MOTION for Sanctions [SECOND MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD] by Caterpillar Inc.. (Smentek, Sharilee)
June 22, 2021 DOCKET CORRECTION re: #142 AFFIDAVIT. Clerk's Office corrected links. (pb)
June 21, 2021 Opinion or Order Filing 144 ORDER by Magistrate Judge Alice R. Senechal. Plaintiff's response to the #142 Amended Affidavit of Sharilee K. Smentek is due by 7/8/2021. Any reply is due by 7/15/2021. (AKS) Distributed on 6/22/2021 (js).
June 21, 2021 Opinion or Order Filing 143 ORDER by Magistrate Judge Alice R. Senechal regarding plaintiff's #139 Response to the court's #138 Order granting Motion to compel, Motion for Sanctions, and Motion for Extension of Time to Complete Discovery. (AKS) Distributed on 6/22/2021 (js).
June 21, 2021 Filing 142 AFFIDAVIT of Sharilee K. Smentek (Amended) re #138 ORDER, by Caterpillar Inc. (Smentek, Sharilee) Modified to correct links on 6/22/2021 (pb).
June 21, 2021 Filing 141 NOTICE (Second Response to Order) by Brian Loberg re #138 Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion for Extension of Time to Complete Discovery (sj)
June 21, 2021 DOCKET CORRECTION re: #140 AFFIDAVIT. Error in document. Clerk's Office restricted access to document per request of filer. (sj)
June 18, 2021 Filing 140 *RESTRICTED - ERROR IN DOCUMENT* AFFIDAVIT of Sharilee K. Smentek re #138 Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion for Extension of Time to Complete Discovery, by Caterpillar Inc. (Smentek, Sharilee) Modified on 6/21/2021 to restrict access. (sj).
June 17, 2021 Filing 139 NOTICE (Response to Order) by Brian Loberg re #138 Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion for Extension of Time to Complete Discovery. (sj)
June 9, 2021 Opinion or Order Filing 138 ORDER by Magistrate Judge Alice R. Senechal granting #120 Motion to Compel, granting 123 Motion for Sanctions, granting #124 Motion for Sanctions, and granting #130 Motion for Extension of Time to Complete Discovery to the extent described in the order. (AS) Distributed on 6/10/2021 (js).
June 9, 2021 Case stayed to the extent described in the 6/9/2021 #138 Order. Deadlines and Hearings Terminated: Final Pretrial Conference set for 3/22/2022 at 02:00 PM and Jury Trial set for 4/5/2022 at 09:00 AM cancelled per the 6/9/2021 #138 Order. (AS)
June 8, 2021 Filing 137 REPLY to Response to Motion re #120 MOTION to Compel (Second Motion to Compel and for Sanctions) filed by Caterpillar Inc.. (Smentek, Sharilee)
June 1, 2021 Filing 136 SEALED DOCUMENT (Discovery Documents) re #135 Response to Motion by Brian Loberg. (NOTE: filed per Chambers). (pb)
June 1, 2021 Filing 135 RESPONSE to Motion re #120 MOTION to Compel (Second Motion to Compel and for Sanctions) filed by Brian Loberg. (pb)
May 18, 2021 Filing 134 SUPPLEMENT to document: #127 Response to Motion by Caroline Conrad. (Attachments: #1 Documents Provided to FedEx, #2 Mailing Envelope)(pb)
May 18, 2021 Set/Reset Deadlines as to #130 MOTION for Extension of Time to Complete Discovery And Related Deadlines. Responses due by 6/1/2021 (mf)
May 17, 2021 Opinion or Order Filing 133 ORDER by Magistrate Judge Alice R. Senechal. Plaintiff's response to the #130 MOTION for Extension of Time to Complete Discovery And Related Deadlines filed by Caterpillar Inc. is due by June 1, 2021. (AS) Distributed on 5/17/2021 (pb).
May 17, 2021 DOCKET CORRECTION re: #132 Reply to Response to Motion. Clerk's Office added exhibit letter and description for attachment. (cjs)
May 14, 2021 Filing 132 REPLY to Response to Motion re #124 MOTION for Sanctions (MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD) filed by Caterpillar Inc.. (Attachments: #1 Exhibit A-Email)(Smentek, Sharilee) Modified on 5/17/2021 to add exhibit letter and description for attachment (cjs).
May 14, 2021 Filing 131 MEMORANDUM in Support re #130 MOTION for Extension of Time to Complete Discovery And Related Deadlines filed by Caterpillar Inc.. (Smentek, Sharilee)
May 14, 2021 Filing 130 MOTION for Extension of Time to Complete Discovery And Related Deadlines by Caterpillar Inc.. (Smentek, Sharilee)
May 14, 2021 Opinion or Order Filing 129 (Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte to Judge Daniel L. Hovland for all further proceedings. Chief Judge Peter D. Welte no longer assigned to the case. See Order of Recusal at #128 . Distributed on 5/14/2021 (js).
May 14, 2021 Opinion or Order Filing 128 ORDER OF RECUSAL by Chief Judge Peter D. Welte. Chief Judge Peter D. Welte recused. (EA) Distributed on 5/14/2021 (js).
May 13, 2021 Filing 127 RESPONSE to Motion re #124 MOTION for Sanctions (MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD) filed by Caroline Conrad. (Attachments: #1 Declaration of Service by Kevin D. Fisher, #2 Exhibit C - FedEx Proof of Delivery, #3 Mailing Envelope)(lf)
May 5, 2021 Opinion or Order Filing 126 ORDER by Magistrate Judge Alice R. Senechal regarding the #124 MOTION for Sanctions filed by Caterpillar Inc. Plaintiff Brian Loberg and third party Caroline Conrad's responses to the motion must be filed on or before May 24, 2021. (AKS) Distributed on 5/5/2021 (sj). Modified on 5/6/2021 to correct motion link. NEF Regenerated. (sj). (Main Document 126 replaced on 5/7/2021 to remove blank page. Regenerated NEF.) (jb)
May 5, 2021 DOCKET CORRECTION re: #125 Memorandum in Support. Clerk's Office added descriptions to exhibits. (mf)
May 5, 2021 Set/Reset Deadlines as to #124 MOTION for Sanctions (MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD). Responses due by 5/24/2021 (sj)
May 4, 2021 Filing 125 MEMORANDUM in Support re #124 MOTION for Sanctions (MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD) filed by Caterpillar Inc.. (Attachments: #1 Exhibit 1 - Copy of Subpeona, #2 Exhibit 2 - Proof of Service Documents)(Smentek, Sharilee) Modified on 5/5/2021 to add exhibit descriptions (mf).
May 4, 2021 Filing 124 MOTION for Sanctions (MOTION FOR FINDING OF CONTEMPT AGAINST THIRD PARTY CAROLINE CONRAD) by Caterpillar Inc.. (Smentek, Sharilee)
April 28, 2021 Opinion or Order Filing 122 ORDER by Magistrate Judge Alice R. Senechal regarding the #120 MOTION to Compel Discovery filed by Caterpillar Inc. Plaintiff Brian Loberg's response to the Motion to Compel Discovery must be filed on or before May 17, 2021. (AKS) Distributed on 4/28/2021 (js). Modified on 5/5/2021 to correct Brain Loberg as "Plaintiff". NEF regenerated. (sj).
April 28, 2021 Set/Reset Deadlines as to #120 MOTION to Compel (Second Motion to Compel and for Sanctions). Responses due by 5/17/2021 (js)
April 28, 2021 DOCKET CORRECTION re: #120 MOTION to Compel. Multiple relief document filed as one relief. Clerk's Office filed MOTION for Sanctions at 123 ; re: #121 MEMORANDUM in Support. Clerk's Office added link. (pb)
April 27, 2021 Filing 123 MOTION for Sanctions by Caterpillar Inc. See document at #120 . (pb)
April 27, 2021 Filing 121 MEMORANDUM in Support re #120 MOTION to Compel (Second Motion to Compel and for Sanctions), 123 MOTION for Sanctions filed by Caterpillar Inc. (Smentek, Sharilee) Modified to add link on 4/28/2021 (pb).
April 27, 2021 Filing 120 MOTION to Compel (Second Motion to Compel and for Sanctions) by Caterpillar Inc.. (Smentek, Sharilee)
March 29, 2021 Opinion or Order Filing 114 ORDER by Magistrate Judge Alice R. Senechal directing response from Hallunen Law and Parker Daniels Kibort LLC. (AS) Distributed on 3/29/2021. (sj).
March 29, 2021 Opinion or Order Filing 113 ORDER by Magistrate Judge Alice R. Senechal granting #109 Motion to Compel, Extending Deadlines, and Setting Final Pretrial Conference and Jury Trial. (AS) Modified on 3/29/2021 to add "Setting Final Pretrial Conference and Jury Trial" text to docket per Chambers. NEF regenerated. (sj). Distributed on 3/29/2021 (sj).
March 29, 2021 Set/Reset Hearings: Jury Trial REset for 4/5/2022 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (Trial Est. 4-5 Days). (Previously set for 11/16/2021). (sj)
March 29, 2021 Set/Reset Scheduling Order Deadlines: Discovery due by 5/17/2021. Discovery Motions due by 6/1/2021. Plaintiff(s) Expert Witness Disclosures and Reports due by 7/1/2021. Defendant(s) Expert Witness Disclosures and Reports due by 8/2/2021. Discovery Depositions of Expert Witnesses due by 9/1/2021. Amended Pleadings to Add Punitive Damages due by 6/1/2021. Nondispositive Motions due by 5/17/2021. Dispositive Motions due by 10/1/2021. Final Pretrial Conference REset for 3/22/2022 at 02:00 PM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal (previously set for 11/03/2021). (sj)
March 26, 2021 Filing 112 RESPONSE to Motion re #109 MOTION to Compel Discovery filed by Brian Loberg. (Note: Filed per Chambers). (pb)
March 10, 2021 Opinion or Order Filing 111 ORDER by Magistrate Judge Alice R. Senechal regarding the #109 MOTION to Compel Discovery filed by Caterpillar Inc. Defendant Brian Loberg's response to the Motion to Compel Discovery must be filed on or before March 25, 2021. (AKS) Distributed on 3/10/2021 (pb).
March 10, 2021 Set/Reset Deadlines as to #109 MOTION to Compel Discovery. Responses due by 3/25/2021 (pb)
March 9, 2021 DOCKET CORRECTION re: #110 Memorandum. Clerk's office added descriptions to exhibits. (jb)
March 8, 2021 Filing 110 MEMORANDUM in Support re #109 MOTION to Compel Discovery filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Email dated February 1, 2021, #2 Exhibit B - Email dated February 25, 2021)(Smentek, Sharilee) Modified on 3/9/2021 to include exhibit descriptions. (jb)
March 8, 2021 Filing 109 MOTION to Compel Discovery by Caterpillar Inc.. (Smentek, Sharilee)
March 4, 2021 Opinion or Order Filing 108 ORDER by Magistrate Judge Alice R. Senechal re discovery. (AS) Distributed on 3/4/2021 (js). (Additional attachment(s) added by request of chambers on 3/5/2021: #1 Email from Sharilee Smentek dated 03/04/2021) (pb). NEF regenerated & distributed on 3/5/2021 (pb).
January 21, 2021 Opinion or Order Filing 107 ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 4/15/2021. Discovery Motions due by 5/1/2021. Nondispositive Motions due by 4/15/2021. Amended Pleadings to Add Punitive Damages due by 5/1/2021. Plaintiff(s) Expert Witness Disclosures and Reports due by 6/1/2021. Defendant(s) Expert Witness Disclosures and Reports due by 7/1/2021. Discovery Depositions of Expert Witnesses due by 8/1/2021. (AS) Distributed on 1/22/2021. (jb)
January 12, 2021 Filing 104 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Settlement Conference held on 1/12/2021. Case did not settle. (Attachments: #1 Attendance Sheet). (AS)
December 30, 2020 Opinion or Order Filing 103 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Settlement Conference set for 1/12/2021 from 11:00 AM to 1:00 PM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. See instructions at Doc. #101 . (AKS) Modified to clarify time block of settlement conference per Chambers on 12/30/2020. NEF regenerated (pb).
December 21, 2020 Opinion or Order Filing 102 (Text Only) ORDER by Magistrate Judge Alice R. Senechal canceling the 12/22/2020 Settlement Conference. The Settlement Conference will be rescheduled at a later date. (AKS)
December 21, 2020 Deadlines and Hearings Terminated. Settlement Conference set for 12/22/2020 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal is CANCELLED per Order at 102 . (sj)
December 8, 2020 Opinion or Order Filing 101 ORDER by Magistrate Judge Alice R. Senechal. Settlement Conference set for 12/22/2020 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (AKS)
October 20, 2020 Filing 100 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 10/20/2020. (DR #201020-000 JS Chambers Recorder) (lc)
October 20, 2020 Opinion or Order Filing 99 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per discussion at the October 20, 2020 status conference, the #85 Scheduling Order is amended as follows: Amended Pleadings to Add Punitive Damages due by 3/15/2021. Discovery due by 2/28/2021. Discovery Motions due by 3/15/2021. Discovery Depositions of Expert Witnesses due by 6/25/2021. Plaintiff(s) Expert Witness Disclosures and Reports due by 4/15/2021. Defendant(s) Expert Witness Disclosures and Reports due by 5/15/2021. Dispositive Motions due by 5/1/2015. Nondispositive Motions due by 2/28/2021. The Final Pretrial Conference RESET for 11/3/2021 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (Previously set for 6/10/2021). See written instructions at Doc. #18 . Pretrial Conference RESET for 11/16/2021 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte, and Jury Trial RESET for 11/16/2021 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (Previously set for 6/22/2021). (Trial Est. 4-5 Days). (AKS)
October 16, 2020 Filing 98 NOTICE of Hearing: Status Conference set for 10/20/2020 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070.(AKS)
September 14, 2020 Filing 91 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Settlement Conference held on 9/14/2020. Case did not settle. (Attachments: #1 Attendance Sheet). (AS)
August 31, 2020 Opinion or Order Filing 90 ORDER by Magistrate Judge Alice R. Senechal. Settlement Conference set for 9/14/2020 at 01:00 PM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (AS)
August 6, 2020 Filing 89 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Settlement Conference held on 8/6/2020. Case did not settle. (Attachments: #1 Attendance Sheet). (AS) Modified on 8/10/2020 to correct hearing date. NEF regenerated (lf).
August 3, 2020 Opinion or Order Filing 88 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. The Clerk is directed to amend the caption as to defendant's name, Caterpillar Inc., rather than Caterpillar, Inc. (AS)
July 14, 2020 Opinion or Order Filing 87 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 6/10/2021 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. See written instructions at Doc. #18 . (LF)
July 13, 2020 Filing 86 NOTICE of Hearing: Pretrial Conference set for 6/22/2021 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. Jury Trial set for 6/22/2021 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (Trial est. 4-5 days). (LF)
July 13, 2020 Opinion or Order Filing 85 SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. The Scheduling Orders at Doc. #16 , 38 , and 41 are amended as follows. Discovery due by 10/30/2020. Discovery Motions due by 11/9/2020. Plaintiff(s) Expert Witness Disclosures due by 11/20/2020. Plaintiff(s) Expert Witness Reports due by 12/11/2020. Defendant(s) Expert Witness Disclosures due by 12/31/2020. Defendant(s) Expert Witness Reports due by 1/21/2021. Discovery Depositions of Expert Witnesses due by 2/25/2021. Amended Pleadings to Add Punitive Damages due by 11/16/2020. Nondispositive Motions due by 10/30/2020. Dispositive Motions due by 12/29/2020. (LF)
June 22, 2020 Opinion or Order Filing 84 ORDER by Magistrate Judge Alice R. Senechal. Early Settlement Conference set for 8/6/2020 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (AS)
June 12, 2020 Filing 83 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 6/12/2020. (DR #200612-000) (as)
June 12, 2020 Opinion or Order Filing 82 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. The final pretrial conference set for June 30, 2020, and the pretrial conference and jury trial set for July 14, 2020, are continued to dates to be determined. (AS)
June 8, 2020 Filing 81 NOTICE of Hearing: Status Conference set for 6/12/2020 at 09:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff's counsel shall initiate the call. The telephone number for chambers is 701-297-7070. (AS)
June 8, 2020 Opinion or Order Filing 80 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #79 Motion to Appear Pro Hac Vice for Attorney Andrew D. Parker. (pb)
June 8, 2020 Filing 79 MOTION to Appear Pro Hac Vice Attorney Andrew D. Parker (Filing fee $150, receipt number ANDDC-1965466) by Brian Loberg. (Parker, Andrew) Modified to add receipt number on 6/8/2020 (pb).
June 8, 2020 Opinion or Order Filing 78 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #75 Motion to Appear Pro Hac Vice for Attorney Jordon C. Greenlee. (rh)
June 8, 2020 Opinion or Order Filing 77 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #74 Motion to Appear Pro Hac Vice for Attorney Lori A. Johnson. (rh)
June 5, 2020 Filing 76 NOTICE of Appearance by Lori Johnson on behalf of Brian Loberg (Johnson, Lori)
June 5, 2020 Filing 75 MOTION to Appear Pro Hac Vice Attorney Jordon C. Greenlee (Filing fee $150, receipt number ANDDC-1965269) by Brian Loberg. (Greenlee, Jordon) Modified on 6/8/2020 to add receipt number. (rh)
June 5, 2020 Filing 74 MOTION to Appear Pro Hac Vice Attorney Lori A. Johnson (Filing fee $150, receipt number ANDDC-1965266) by Brian Loberg. (Johnson, Lori) Modified on 6/8/2020 to add receipt number. (rh)
May 29, 2020 Opinion or Order Filing 73 ORDER by Magistrate Judge Alice R. Senechal. (LF) Distributed on 6/1/2020 (cjs).
May 15, 2020 Filing 71 SEALED DOCUMENT re #70 Order. (as)
May 15, 2020 Opinion or Order Filing 70 ORDER by Magistrate Judge Alice R. Senechal. (AS) Distributed on 5/15/2020 (as).
May 4, 2020 Opinion or Order Filing 69 ORDER for mediation by Magistrate Judge Alice R. Senechal. (Attachments: #1 Request for Limited Appointment of Counsel). (LF) Distributed on 5/4/2020 (as).
February 20, 2020 Filing 60 NOTICE re: attempts to obtain counsel by Brian Loberg (Attachments: #1 E-mails)(as)
January 15, 2020 Opinion or Order Filing 57 (Text Only) ORDER by Magistrate Judge Alice R. Senechal holding in abeyance the #43 MOTION to Withdraw as Attorney for thirty days. Discovery will remain stayed and deadlines will remain suspended until the court has ruled on the motion. (AS)
December 11, 2019 Opinion or Order Filing 51 ORDER by Magistrate Judge Alice R. Senechal. Discovery is stayed and deadlines are suspended until the court has ruled on the #43 Motion to Withdraw. (CS)
December 11, 2019 Filing 49 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 12/11/2019. (DR #191211-000 JS Chambers Recorder) (lc)
December 9, 2019 DOCKET CORRECTION re: #46 AFFIDAVIT. Wrong event selected. Clerk's office restricted access to document and re-filed as CERTIFICATE OF SERVICE at #48 and linked to documents that were served upon party. (js)
December 6, 2019 Filing 48 CERTIFICATE OF SERVICE by Brian Loberg re #43 MOTION to Withdraw as Attorney, and #44 MEMORANDUM in Support. (js)
December 6, 2019 Filing 46 *RESTRICTED - WRONG EVENT SELECTED* AFFIDAVIT of Service by Brian Loberg. (Crain, Amanda) Modified on 12/9/2019 to restrict access. (js)
November 27, 2019 Filing 44 MEMORANDUM in Support re #43 MOTION to Withdraw as Attorney Without Substitution filed by Brian Loberg. (Attachments: #1 L.R. 7.1(F) and (H) Word Count Certificate)(Crain, Amanda) Modified on 12/2/2019 to remove reference to 'Exhibit'. (rh)
November 27, 2019 Filing 43 MOTION to Withdraw as Attorney Without Substitution by Brian Loberg. (Crain, Amanda)
October 7, 2019 Filing 42 NOTICE of Hearing: Status Conference set for 12/11/2019 at 09:30 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call into chambers at (701) 297-7070. (CS)
October 7, 2019 Opinion or Order Filing 41 (Text Only) ORDER by Magistrate Judge Alice R. Senechal re #39 JOINT MOTION to Amend/Correct. Per the parties' joint motion, the #16 Scheduling Order and 38 Amended Scheduling Order are amended as follows: Discovery due by 2/18/2020; Discovery Motions due by 2/28/2020; Plaintiff Expert Witness Disclosures due by 2/25/2020; Plaintiff Expert Witness Reports due by 3/10/2020; Defendant Expert Witness Disclosures due by 3/24/2020; Defendant Expert Witness Reports due by 4/7/2020; Discovery Depositions of Expert Witnesses due by 5/12/2020; Amended Pleadings to Add Punitive Damages due by 2/18/2020; Nondispositive Motions due by 2/18/2020; Dispositive Motions due by 4/20/2020. The trial date remains 7/14/2020. (CS)
October 7, 2019 Opinion or Order Filing 40 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #39 JOINT MOTION to Amend/Correct. (CS)
October 4, 2019 Filing 39 MOTION to Amend/Correct 38 Order,,,, Set Deadlines,,,, Terminate Motions,,, Joint Motion to Modify the Scheduling / Discovery Plan Order by Caterpillar, Inc.. (Attachments: #1 Exhibit A - Proposed Second Amended Scheduling / Discovery Plan Order)(Smentek, Sharilee)
August 29, 2019 Opinion or Order Filing 38 (Text Only) ORDER granting #37 JOINT MOTION to Amend/Correct filed by Caterpillar, Inc. by Magistrate Judge Alice R. Senechal. Per the parties' joint motion, the #16 Scheduling Order is amended as follows: Amend Pleadings to Add Punitive Damages due by 11/20/2019; Discovery due by 11/20/2019; Discovery Motions due by 12/2/2019; Discovery Depositions of Expert Witnesses due by 2/13/2020; Plaintiff's Expert Witness Disclosures due by 11/27/2019; Plaintiff's Expert Reports due by 12/11/2019; Defendant's Expert Witness Disclosures due by 12/26/2019; Defendant's Expert Reports due by 1/9/2020; Dispositive Motions due by 1/31/2020; Nondispositive Motions due by 11/20/2019. The parties shall evaluate the case for settlement purposes by 12/2/2019. (CS)
August 28, 2019 Filing 37 MOTION to Amend/Correct #16 Scheduling Order,, Joint Motion to Modify the Scheduling / Discovery Plan Order. by Caterpillar, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Scheduling / Discovery Plan Order)(Smentek, Sharilee)
August 13, 2019 Opinion or Order Filing 36 (Text Only) ORDER by Magistrate Judge Alice R. Senechal finding as moot #33 Motion for Protective Order. (CS)
August 13, 2019 Opinion or Order Filing 35 PROTECTIVE ORDER by Magistrate Judge Alice R. Senechal. (CS)
August 13, 2019 Opinion or Order Filing 34 (Text Only) ORDER Adopting Stipulation for a Protective Order by Magistrate Judge Alice R. Senechal. (CS)
August 12, 2019 Filing 33 MOTION for Protective Order by Caterpillar, Inc.. (Attachments: #1 Exhibit A - Proposed Stipulated Protective Order)(Smentek, Sharilee)
August 9, 2019 Filing 32 NOTICE of Hearing: Jury Trial set for 7/14/2020 at 09:30 AM in Fargo Courtroom 1 before Judge Peter D. Welte (4-5 days). (change as to judge only) (kmk)
August 9, 2019 Filing 31 NOTICE of Hearing: Pretrial Conference set for 7/14/2020 at 09:00 AM in Fargo Courtroom 1 before Judge Peter D. Welte. (change as to judge only)(kmk)
August 9, 2019 Opinion or Order Filing 30 (Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland to Judge Peter D. Welte, as presiding judge, for all further proceedings. Chief Judge Daniel L. Hovland no longer assigned to the case. (kmk)
August 8, 2019 Filing 29 NOTICE of Appearance by Amanda R. Crain on behalf of Brian Loberg (Crain, Amanda)
June 19, 2019 Opinion or Order Filing 28 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #27 Motion to Appear Pro Hac Vice for Attorney Sharilee K. Smentek. (lh)
June 19, 2019 Filing 27 MOTION to Appear Pro Hac Vice Attorney Sharilee K. Smentek (Filing fee $150, receipt number 319000371) by Caterpillar, Inc.. (Smentek, Sharilee) Modified on 6/19/2019 to add receipt number (lh).
June 13, 2019 Filing 26 NOTICE of Hearing: Final Pretrial Conference REset for 6/30/2020 at 11:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (change in time only; previously set for 6/30/20 at 10:00 AM)(lh)
June 11, 2019 Filing 25 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Mid-Discovery Status Conference held on 6/11/2019. (lc)
June 11, 2019 Opinion or Order Filing 24 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per agreement of counsel at the 6/11/2019 status conference, the Final Pretrial Conference is RESET for 6/30/2020 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal (see instructions at Doc. #18 ) (previously set for 05/05/2020), the Pretrial Conference is RESET for 7/14/2020 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Daniel L. Hovland, and the Jury Trial is RESET for 7/14/2020 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Daniel L. Hovland (previously set for 5/19/2020). (CS)
June 7, 2019 Opinion or Order Filing 23 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #22 Motion to Withdraw as Attorney. Attorney Colton D. Long terminated. (CS)
June 6, 2019 Filing 22 MOTION to Withdraw as Attorney - Colton Long by Caterpillar, Inc.. (Turner, Joseph)
June 6, 2019 Opinion or Order Filing 21 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #20 Motion to Appear Pro Hac Vice for Attorney Katherine F. Mendez. (lh)
June 6, 2019 Filing 20 MOTION to Appear Pro Hac Vice Attorney Katherine F. Mendez (Filing fee $150, receipt number 319000350) by Caterpillar, Inc.. (Mendez, Katherine) Modified on 6/6/2019 to add receipt number (lh).
March 18, 2019 Filing 19 NOTICE of Hearing: Pretrial Conference set for 5/19/2020 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Daniel L. Hovland. Jury Trial set for 5/19/2020 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Daniel L. Hovland. (Trial Est. 4-5 Days). (AS)
March 18, 2019 Opinion or Order Filing 18 ORDER by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 5/5/2020 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (AS)
March 18, 2019 Filing 17 NOTICE of Hearing: Mid-Discovery Status Conference set for 6/11/2019 at 09:30 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070. (AS)
March 18, 2019 Opinion or Order Filing 16 SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 9/20/2019. Discovery Motions due by 10/1/2019. Plaintiff(s) Expert Witness Disclosures due by 9/27/2019 and Reports due by 10/11/2019. Defendant(s) Expert Witness Disclosures due by 10/25/2019 and Reports due by 11/8/2019. Expert Discovery due by 12/13/2019. Joinder of Parties due by 4/19/2019. Amended Pleadings due by 4/19/2019. Other Nondispositive Motions due by 9/20/2019. Threshold Motions due by 4/19/2019. Dispositive Motions due by 11/15/2019. (AS)
March 15, 2019 Filing 15 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 3/15/2019. (lc)
February 19, 2019 Opinion or Order Filing 14 (Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland. Case assigned to Chief Judge Daniel L. Hovland and referred to Magistrate Judge Alice R. Senechal for all further proceedings.(js) Modified on 2/28/2019 to remove inadvertently attached document - docket entry is 'text only' - NEF Regenerated. (js)
February 19, 2019 Filing 13 CONSENT/REASSIGNMENT FORM by Caterpillar, Inc. (js)
February 8, 2019 Filing 12 NOTICE of Hearing: Scheduling Conference RESET for 3/15/2019 at 09:00 AM before Magistrate Judge Alice R. Senechal. (Previously set for 3/14/2019 at 10:30 AM). See written instructions at Doc. #10 . (AS)
February 8, 2019 Filing 11 NOTICE of Direct Assignment as to Caterpillar, Inc. Consent/Reassignment Form due by 2/22/2019. (as)
February 7, 2019 Opinion or Order Filing 10 ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 3/14/2019 at 10:30 AM before Magistrate Judge Alice R. Senechal. (CS)
February 6, 2019 Filing 9 Corporate Disclosure Statement by Caterpillar, Inc. identifying Other Affiliate State Street Corporation for Caterpillar, Inc... (Turner, Joseph)
February 6, 2019 Filing 8 ANSWER to #1 Complaint by Caterpillar, Inc..(Turner, Joseph)
February 6, 2019 Filing 7 NOTICE of Appearance by Joseph S. Turner on behalf of Caterpillar, Inc. (Turner, Joseph)
February 6, 2019 Filing 6 NOTICE of Appearance by Colton D. Long on behalf of Caterpillar, Inc. (Long, Colton)
January 29, 2019 Filing 5 CONSENT/REASSIGNMENT FORM by Brian Loberg. (lh)
January 23, 2019 Filing 4 SUMMONS Returned Executed by Brian Loberg. Caterpillar, Inc. served on 1/16/2019, answer due 2/6/2019 (Denny, Emma)
January 15, 2019 Filing 3 NOTICE of Direct Assignment as to Brian Loberg. Consent/Reassignment Form due by 1/29/2019. (as)
January 15, 2019 Filing 2 Summons Issued as to Caterpillar, Inc. (as)
January 15, 2019 Filing 1 COMPLAINT against Caterpillar, Inc. (Filing fee $400, receipt number 319000139) filed by Brian Loberg. (Attachments: #1 Civil Cover Sheet)(as)

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Search for this case: Loberg v. Caterpillar Inc.
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Defendant: Caterpillar, Inc.
Represented By: Colton D. Long
Represented By: Joseph S. Turner
Represented By: Sharilee Smentek
Represented By: Katherine Mendez
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Defendant: Caterpillar Inc.
Represented By: Sharilee Smentek
Represented By: Joseph S. Turner
Represented By: Katherine Mendez
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Petitioner: Brian Loberg
Represented By: Christopher J. Moreland
Represented By: Emma Reece Denny
Represented By: Sean T. Foss
Represented By: Jordon Greenlee
Represented By: Lori Johnson
Represented By: Amanda R. Crain
Represented By: Andrew D. Parker
Represented By: Stephen Welle
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Interested party: Caroline Conrad
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