Brookins et al v. Caterpillar Inc.
| Gail Brookins and Ernie Brookins |
| Caterpillar Inc. |
| Roland McAndrews |
| 3:2019cv00162 |
| July 29, 2019 |
| US District Court for the District of North Dakota |
| Alice R Senechal |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 40 CLERK'S JUDGMENT. (pb) Distributed on 1/29/2020 (pb). |
Filing 39
ORDER by Magistrate Judge Alice R. Senechal granting in part and denying in part #30 Motion for Sanctions; denying 33 Motion for Hearing; denying #37 Motion for Hearing. (AS) Distributed on 1/29/2020 (pb).
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Filing 38
ORDER by Magistrate Judge Alice R. Senechal granting #27 Motion to Withdraw the proposed amended complaint as to one proposed defendant; denying the #16 Motion to Amend the Complaint; granting #4 Motion to Dismiss the Complaint; and dismissing the Complaint with prejudice. (AS) Distributed on 1/29/2020 (pb).
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| Filing 37 MOTION for Hearing re #30 MOTION for Sanctions Rule 11, 33 MOTION for Hearing re #30 MOTION for Sanctions Rule 11 Combined with the Rule 58 Request in Case No. 19-cv-29 by Caterpillar Inc.. (Swenson, David) |
| Filing 36 CERTIFICATE OF SERVICE by Caterpillar Inc. re #35 Reply to Response to Motion (Swenson, David) |
| Filing 35 REPLY to Response to Motion re #30 MOTION for Sanctions Rule 11, 33 MOTION for Hearing re #30 MOTION for Sanctions Rule 11 filed by Caterpillar Inc. (Swenson, David) |
| Filing 34 AFFIDAVIT of Ernie Brookins re #32 Response to Motion by Ernie Brookins. (Attachments: #1 United States Patent, #2 Office Communication from United States Patent and Trademark Office)(as) |
| Filing 33 MOTION for Hearing re #30 MOTION for Sanctions Rule 11 by Ernie Brookins, Gail Brookins. (SEE Document #32 .) (as) |
| Filing 32 RESPONSE to Motion re #30 MOTION for Sanctions Rule 11 filed by Ernie Brookins, Gail Brookins. (as) |
| Filing 31 MEMORANDUM in Support re #30 MOTION for Sanctions Rule 11 filed by Caterpillar Inc.. (Swenson, David) |
| Filing 30 MOTION for Sanctions Rule 11 by Caterpillar Inc.. (Swenson, David) |
| Filing 29 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Motion Hearing held on 11/8/2019 re #16 MOTION to Amend/Correct #1 Notice of Removal, filed by Ernie Brookins, Gail Brookins, #4 MOTION to Dismiss for Failure to State a Claim filed by Caterpillar Inc. (Court Reporter kk) (as) |
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Filing 28
ORDER by Magistrate Judge Alice R. Senechal granting #26 Motion to Appear at 11/08/2019 Hearing. (CS) Distributed on 11/1/2019 (as).
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| Filing 27 MOTION for Withdrawal of Defendant Roland G. McAndrew in the Amended Complaint by Ernie Brookins, Gail Brookins. See Proposed Amended Complaint pending at docket entry #16 . (js) |
| Filing 26 MOTION re #16 MOTION to Amend/Correct #1 Notice of Removal, Motion to Appear by Roland McAndrews. (Vogel, M.) |
| Filing 25 AMENDED CIVIL COVER SHEET (Supplement) to document: #1 Notice of Removal by Ernie Brookins and Gail Brookins. See Order at #24 granting amended version being filed. (js) File stamped copy distributed on 10/30/2019 (js). |
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Filing 24
ORDER by Magistrate Judge Alice R. Senechal granting #15 Motion to File Corrected Civil Cover Sheet. (AS) Distributed on 10/30/2019 (js).
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Filing 22
ORDER by Magistrate Judge Alice R. Senechal granting #21 Motion for Hearing. Motion Hearing re #4 Motion to Dismiss and #16 Motion to Amend/Correct set for 11/8/2019 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. Motion Hearing set for 10/30/2019 at 10:00 AM is CANCELLED. (CS) Distributed on 10/8/2019 (js).
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| DOCKET CORRECTION re: #20 Affidavit. Exhibit should have been filed as separate attachment to main document. Clerk's office restricted access to document and re-filed at #23 . (pb) |
| Filing 23 AFFIDAVIT of David P. Swenson re #19 Response to Motion by Caterpillar Inc. (Attachments: #1 Exhibit 1 - Comparison Original Complaint and Proposed Amended Complaint)(pb) |
| Filing 21 MOTION for Hearing re #16 MOTION to Amend/Correct #1 Notice of Removal,, #4 MOTION to Dismiss for Failure to State a Claim by Caterpillar Inc.. (Swenson, David) |
| Filing 20 *RESTRICTED - EXHIBIT SHOULD HAVE BEEN SEPARATED FROM MAIN DOCUMENT* AFFIDAVIT /Declaration of David P. Swenson re #19 Response to Motion by Caterpillar Inc. (Swenson, David) Modified to restrict access on 10/8/2019 (pb). |
| Filing 19 RESPONSE to Motion re #16 MOTION to Amend/Correct #1 Notice of Removal, filed by Caterpillar Inc.. (Swenson, David) |
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Filing 18
ORDER by Magistrate Judge Alice R. Senechal granting #13 Motion for Hearing. Motion Hearing set for 10/30/2019 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (AS) Distributed on 9/24/2019 (pb).
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| Filing 17 MEMORANDUM in Support re #16 MOTION to Amend/Correct Complaint re: #1 Notice of Removal, filed by Ernie Brookins, Gail Brookins. (pb) |
| Filing 16 MOTION to Amend/Correct Complaint re: #1 Notice of Removal, by Ernie Brookins, Gail Brookins. (Attachments: #1 Exhibit 1 - Proposed Amended Complaint to Join Defendants)(pb) |
| Filing 15 MOTION to File Corrected Civil Cover Sheet by Ernie Brookins, Gail Brookins. (Attachments: #1 Proposed Civil Cover Sheet)(as) |
| Filing 14 REPLY to Response to Motion re #13 MOTION for Hearing re #4 MOTION to Dismiss for Failure to State a Claim , #4 MOTION to Dismiss for Failure to State a Claim filed by Caterpillar Inc.. (Swenson, David) |
| Filing 13 MOTION for Hearing re #4 MOTION to Dismiss for Failure to State a Claim by Caterpillar Inc.. (Dynes, Jane) |
| Filing 12 RESPONSE to Motion re #4 MOTION to Dismiss for Failure to State a Claim filed by Ernie Brookins, Gail Brookins. (Attachments: #1 Exhibit 1 - Email from Ernie Brookins to Baker Law dated 1/16/17, #2 Exhibit 2 - Clerk's Minutes for Status Conference in case 3:16-cv-291, #3 Declaration of Ernie Brookins)(js) |
| Filing 11 CONSENT/REASSIGNMENT FORM by Gail Brookins. (js) |
| Filing 10 CONSENT/REASSIGNMENT FORM by Ernie Brookins. (js) |
| Filing 9 NOTICE of Direct Assignment as to Gail Brookins. Consent/Reassignment Form due by 8/23/2019. (js) |
| Filing 8 NOTICE of Direct Assignment as to Ernie Brookins. Consent/Reassignment Form due by 8/23/2019. (js) |
| Filing 7 CONSENT/REASSIGNMENT FORM by Caterpillar Inc. (js) |
| Filing 6 NOTICE of Appearance by Jane L. Dynes on behalf of Caterpillar Inc. (Dynes, Jane) |
| Filing 5 MEMORANDUM in Support re #4 MOTION to Dismiss for Failure to State a Claim filed by Caterpillar Inc.. (Swenson, David) |
| Filing 4 MOTION to Dismiss for Failure to State a Claim by Caterpillar Inc.. (Swenson, David) |
| Filing 3 NOTICE of Appearance by David Swenson on behalf of Caterpillar Inc. (Swenson, David) |
| Filing 2 NOTICE of Direct Assignment as to Caterpillar Inc. Consent/Reassignment Form due by 8/12/2019. (js) |
| Filing 1 NOTICE OF REMOVAL by Caterpillar Inc. from Cass County District Court, case number 09-2019-CV-2291. Filing fee $400 receipt number 319000435 filed by Caterpillar Inc. (Attachments: #1 Exhibit A - Cass County District Court pleadings)(js) (Additional attachment(s) added on 8/9/2019: #2 Civil Cover Sheet - NEF Regenerated) (js). |
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