Bush Truck Leasing, Inc. v. Cummins, Inc. et al
Plaintiff: Bush Truck Leasing, Inc.
Defendant: Cummins, Inc., Swift Leasing Co., LLC, Knight-Swift Transportation Holdings, Inc. and Interstate Equipment Leasing, LLC
Case Number: 1:2018cv00871
Filed: December 10, 2018
Court: US District Court for the Southern District of Ohio
Presiding Judge: Michael R Barrett
Referring Judge: Matthew W McFarland
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By: Both
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Docket Report

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

Date Filed Document Text
March 4, 2022 Filing 61 STIPULATION of Dismissal by Plaintiff Bush Truck Leasing, Inc.. (Burton, Amanda)
February 3, 2022 Opinion or Order Filing 60 AMENDED CONDITIONAL ORDER OF DISMISSAL: For good cause shown, the Joint Motion for Extension of Time (Doc. #59 ) is GRANTED. The Court's previous Conditional Order of Dismissal (Doc. #58 ) is AMENDED such that any party may, upon good cause shown by or before March 21, 2022, move to reopen the action if settlement is not consummated. Signed by Judge Matthew W. McFarland on 02/03/2022. (kaf)
January 28, 2022 Filing 59 Joint MOTION for Extension of Time New date requested 3/21/2022. by Plaintiff Bush Truck Leasing, Inc.. (Attachments: #1 Text of Proposed Order) (Burton, Amanda)
January 4, 2022 Opinion or Order Filing 58 CONDITIONAL ORDER OF DISMISSAL. Signed by Judge Matthew W. McFarland on 01/04/2022. (kaf)
January 3, 2022 Filing 57 NOTICE of Settlement by Plaintiff Bush Truck Leasing, Inc. (Burton, Amanda)
November 1, 2021 Opinion or Order NOTATION ORDER: This matter is before the Court on the parties' Joint Motion to Amend the Calendar Order (Doc. #56 ). For good cause shown, this Motion is GRANTED. The deadlines set forth in the Court's Amended Calendar Order (Doc. #52 ) are hereby AMENDED as follows: the parties shall complete fact discovery by March 18, 2022; Plaintiff's expert reports shall be disclosed on or before April 29, 2022; Defendants' expert reports shall be disclosed on or before, May 27, 2022; rebuttal experts shall be disclosed and reports provided on or before June 28, 2022, and dispositive motions shall be filed on or before August 26, 2022. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 11/01/2021. (kaf)
November 1, 2021 Opinion or Order NOTATION ORDER: On the Court's own motion and for good cause shown, the Status Conference set for 12/16/2021 is RESET for 01/04/2022 at 2:00PM via Teleconference before Judge Matthew W. McFarland. Signed by Judge Matthew W. McFarland on 11/01/2021. (kaf)
October 29, 2021 Filing 56 Joint MOTION to Amend/Correct Calendar Order (Doc # 52) by Defendants Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC. (Rathke, Sarah)
October 20, 2021 Filing 55 NOTICE by Defendant Cummins, Inc. re #53 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8529308) of Caroline A.H. Sayers (Rhinehart, Erin)
October 20, 2021 Opinion or Order NOTATION ORDER granting #53 Motion for Leave to Appear Pro Hac Vice of Caroline A.H. Sayers as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 10/20/21. (eh)
October 6, 2021 Filing 54 Notice of Deficiency re: #53 MOTION for Leave to Appear Pro Hac Vice of Caroline A.H. Sayers. The submitted certificate is not from the highest court of a State. Deficiency Deadline by 10/20/2021. (eh)
October 5, 2021 Filing 53 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8529308) of Caroline A.H. Sayers by Defendant Cummins, Inc.. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2) (Rhinehart, Erin)
September 14, 2021 Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 09/14/2021. Counsel for Plaintiff and Defendants present by phone. Status of case discussed. Follow-up Status Conference set for 12/16/2021 at 2:30PM via Teleconference before Judge Matthew W. McFarland. Counsel shall refer to 05/20/2021 docket entry for dial-in instructions. (kaf)
June 9, 2021 Opinion or Order Filing 52 ORDER ON JOINT MOTION TO AMEND CALENDAR ORDER (Doc. #51 ): Fact Discovery due by 12/17/2021. Plaintiff's Experts due by 1/27/2022. Defendants' Experts due by 2/28/2022. Rebuttal Experts due by 3/28/2022. Expert Discovery due by 4/26/2022. Dispositive motions due by 5/26/2022. Signed by Judge Matthew W. McFarland on 06/09/2021. (kaf) Modified on 6/9/2021 (kaf).
June 2, 2021 Filing 51 Joint MOTION to Amend/Correct #40 Preliminary Pretrial Order,,, Terminate Motions,, by Plaintiff Bush Truck Leasing, Inc.. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Amend Calendar Order) (Stubblefield, Amanda)
May 27, 2021 Opinion or Order NOTATION ORDER granting #49 Motion for Leave to Appear Pro Hac Vice of Mara H. Cohara as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 5/27/2021. (eh)
May 26, 2021 Filing 50 NOTICE by Defendant Cummins, Inc. Notice of Withdrawal of Appearance (Rhinehart, Erin)
May 26, 2021 Filing 49 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8331854) of Mara H. Cohara by Defendant Cummins, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Rhinehart, Erin)
April 27, 2021 Filing 48 ANSWER to #45 Amended Complaint (Jury Demand Endorsed Hereon) filed by Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC. (Rathke, Sarah)
April 27, 2021 Filing 47 Defendant Cummins Inc.'s ANSWER to #45 Amended Complaint and Demand for Jury Trial filed by Cummins, Inc.. (Rhinehart, Erin)
April 22, 2021 Filing 46 NOTICE of Withdrawal of Appearance of Elizabeth Hatting by Defendant Cummins, Inc. (Rhinehart, Erin) Modified docket text on 4/22/2021 (kl).
April 15, 2021 Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 04/15/2021. Counsel for Plaintiff and Defendants present by phone. Status of case discussed. Follow-up Status Conference set for 09/14/2021 at 1:30PM via Teleconference before Judge Matthew W. McFarland. Counsel shall refer to 05/20/2021 docket entry for dial-in instructions. (kaf)
April 13, 2021 Filing 45 First Amended Complaint and Demand for Jury Trial filed by Bush Truck Leasing, Inc. (kaf)
April 13, 2021 Opinion or Order Filing 44 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (Doc. #36 ): BTL's Motion for Leave to Amend pursuant to Fed. R. Civ. P. 15(a)(2) (Doc. #36 ) is GRANTED. Consequently, count eight for fraud/ intentional misrepresentation, count nine for fraudulent omission, count ten for negligent misrepresentation, count eleven for breach of express warranty, and count twelve for unjust enrichment will proceed against Swift. The Clerk is hereby directed to file the First Amended Complaint in the Court's docket. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 04/13/2021. (kaf)
March 22, 2021 Filing 43 Witness List by Plaintiff Bush Truck Leasing, Inc.. (Stubblefield, Amanda)
March 22, 2021 Filing 42 Witness List by Defendant Cummins, Inc.. (Rhinehart, Erin)
March 22, 2021 Filing 41 Witness List by Defendants Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC. (Rathke, Sarah)
February 16, 2021 Opinion or Order Filing 40 ORDER ON #39 JOINT MOTION TO AMEND CALENDAR ORDER: Deadline for Disclosure of Non-Expert (Fact) Witnesses is March 22, 2021. Fact Discovery Deadline is June 25, 2021. Deadlines for Disclosure of Expert Witnesses & Submission of Expert Reports are: Plaintiffs Expert Report(s) due by July 16, 2021; Defendants' Expert Report(s) due by August 13, 2021; Disclosure and Report of Rebuttal Experts due by September 13, 2021. Expert Discovery Deadline is October 13, 2021. Dispositive Motion Deadline is November 15, 2021. Signed by Judge Matthew W. McFarland on 02/16/2021. (kaf)
February 15, 2021 Filing 39 Joint MOTION to Amend/Correct #32 Preliminary Pretrial Order,, #35 Order on Motion to Amend/Correct by Plaintiff Bush Truck Leasing, Inc.. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Amend Calendar Order) (Stubblefield, Amanda)
January 11, 2021 Filing 38 REPLY to Response to Motion re #36 MOTION for Leave to File First Amended Complaint filed by Plaintiff Bush Truck Leasing, Inc.. (Attachments: #1 Exhibit 1 - Nov. 23, 2016 Email from Swift to BTL with Attachments) (Utter, Gregory)
December 28, 2020 Filing 37 RESPONSE in Opposition re #36 MOTION for Leave to File First Amended Complaint filed by Defendants Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC. (Attachments: #1 Exhibit A - BTL Sept 16, 2020 Response to ROG No.2) (Rathke, Sarah)
December 14, 2020 Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 12/14/2020. Counsel for Plaintiff and Defendants present by phone. Counsel updated the Court as to the status of the case and reported that written discovery is ongoing. Follow-up Status Conference set for 04/15/2021 at 1:30PM via Teleconference before Judge Matthew W. McFarland. Counsel shall refer to 05/20/2020 docket entry for dial-in instructions. (kaf)
December 7, 2020 Filing 36 MOTION for Leave to File First Amended Complaint by Plaintiff Bush Truck Leasing, Inc.. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Text of Proposed Order Granting Motion for Leave to File First Amended Complaint) (Utter, Gregory)
October 6, 2020 Opinion or Order Filing 35 ORDER On #34 Joint Motion to Amend Calendar Order. Signed by Judge Matthew W. McFarland on 10/06/2020. (kaf)
October 6, 2020 Deadlines reset per Doc. #35 : Motions to amend pleadings/add parties due by 12/07/2020. Motions related to pleadings due by 01/06/2021. Disclosure of Non-Expert (Fact) Witnesses due by 2/5/2021. (kaf)
October 1, 2020 Filing 34 Joint MOTION to Amend/Correct #32 Preliminary Pretrial Order,, by Plaintiff Bush Truck Leasing, Inc.. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Amend Calendar Order) (Stubblefield, Amanda)
September 10, 2020 Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 09/10/2020. Present by phone were Attorneys Jacob Rhode and Amanda Stubblefield, counsel for Plaintiff Bush Truck Leasing, Inc.; Attorneys Jennifer Hannah and Erin Rhinehart, counsel for Defendant Cummins, Inc.; and Attorneys Sarah Rathke and Janine Cerny, counsel for Defendant Knight-Swift Transportation Holdings, Inc. Status of case and discovery discussed. Follow-up Status Conference set for 12/14/2020 at 1:30PM via Teleconference before Judge Matthew W. McFarland. Counsel shall refer to 05/20/2020 docket entry for dial-in instructions. (kaf)
July 23, 2020 Filing 33 ANSWER to #1 Complaint to Count Ten filed by Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC. (Rathke, Sarah)
July 13, 2020 Opinion or Order Filing 32 CALENDAR ORDER: Motions to Amend due by 09/29/2020. Motions directed to pleadings due by 10/31/2020. Disclosure of Non-Expert (Fact) Witnesses due by 11/30/2020. Discovery (Fact) due by 05/03/2021. Plaintiff's Experts due by 05/31/2021. Defendants' Experts due by 06/28/2021. Rebuttal Experts due by 07/26/2021. Discovery (Expert) due by 08/23/2021. Dispositive motions due by 09/24/2021. Final Pretrial Conference January 2022. Jury Trial February 2022. Status Conference September 10, 2020 at 10:00a.m. Signed by Judge Matthew W. McFarland on 07/13/2020. (kaf)
July 13, 2020 Minute Entry for proceedings held before Judge Matthew W. McFarland: Preliminary Pretrial Conference held on 07/13/2020. Counsel for Plaintiff and Defendants present by phone. Counsel discussed progress of case with the Court. Follow-up Status Conference set for 09/10/2020 at 10:00AM via Teleconference before Judge Matthew W. McFarland. Parties shall refer to 05/20/2020 docket entry for dial-in instructions. Calendar Order to follow. (kaf)
July 9, 2020 Opinion or Order Filing 31 Order Granting In Part and Denying In Part #16 Defendants' Motion to Dismiss. Signed by Judge Matthew W. McFarland on 07/09/2020. (kaf)
July 2, 2020 Opinion or Order Filing 30 Agreed Protective Order. Signed by Judge Matthew W. McFarland on 07/02/2020. (kaf)
May 18, 2020 Filing 29 RULE 26(f) REPORT JOINT DISCOVERY PLAN by Plaintiff Bush Truck Leasing, Inc.. (Rhode, Jacob)
January 3, 2020 Opinion or Order Filing 28 ORDER REASSIGNING CASE. Case reassigned to Judge Matthew W. McFarland for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 1/3/2020. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 29, 2019 Filing 27 Corporate Disclosure Statement by Plaintiff Bush Truck Leasing, Inc.. (Stubblefield, Amanda)
May 3, 2019 Filing 26 Response re #25 Notice (Other) in Opposition to Defendants' Notice of Supplemental Authority by Plaintiff Bush Truck Leasing, Inc.. (Utter, Gregory)
May 2, 2019 Filing 25 NOTICE by Defendants Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC : Notice of Supplemental Authority (Attachments: #1 Exhibit A - Bush Truck Leasing Reply Brief) (Rathke, Sarah)
April 12, 2019 Filing 24 REPLY to Response to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Defendants Rule 12(B)(6) Motion to Dismiss with Memorandum in Support filed by Defendants Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC. (Rathke, Sarah)
March 29, 2019 Filing 23 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Defendants Rule 12(B)(6) Motion to Dismiss with Memorandum in Support filed by Plaintiff Bush Truck Leasing, Inc.. (Utter, Gregory)
March 29, 2019 Filing 22 NOTICE of Appearance by Amanda Brooke Stubblefield for Plaintiff Bush Truck Leasing, Inc. (Stubblefield, Amanda)
March 28, 2019 Opinion or Order Filing 21 ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 3/28/19. (ba)
March 25, 2019 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/25/2019 with Law Clerk (LC2); Jacob Rhode and Amanda Stubblefield appeared for Plaintiff; Erin Rhinehart and Jennifer Hannah appeared for Dft Cummins and Sarah Rathke appeared for Dfts Interstate/Knight/Swift Leasing; parties do not wish to waive the conflict issue and would like the Court to consider a potentially related case, 1:19cv208. (ba)
March 18, 2019 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/18/2019; Jacob Rhode and Gregory Utter appeared for Plaintiff; Jennifer and Erin Rhinehart appeared for Dft Cummins; Jeff DeBeer and Sarah Rathke appeared for Dfts Interstate/Knight-Swift/Swift Leasing; the parties shall confer regarding potential conflict and follow up with the Court for a Status Conference set 3/25/2019 at 02:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 3/11/19 for conferencing instructions (ba)
March 11, 2019 Opinion or Order Filing 20 ORDER granting #15 Motion for Extension of Time to Answer re #1 Complaint Interstate Equipment Leasing, LLC answer due 3/8/2019; Knight-Swift Transportation Holdings, Inc. answer due 3/8/2019; Swift Leasing Co., LLC; answer due 3/8/2019. Signed by Judge Michael R. Barrett on 3/11/19. (ba)
March 8, 2019 Filing 19 Corporate Disclosure Statement by Defendant Knight-Swift Transportation Holdings, Inc.. (Rathke, Sarah)
March 8, 2019 Filing 18 Corporate Disclosure Statement by Defendants Swift Leasing Co., LLC, Knight-Swift Transportation Holdings, Inc. identifying Corporate Parent Knight-Swift Transportation Holdings, Inc. for Swift Leasing Co., LLC.. (Rathke, Sarah)
March 8, 2019 Filing 17 Corporate Disclosure Statement by Defendants Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc. identifying Corporate Parent Knight-Swift Transportation Holdings, Inc. for Interstate Equipment Leasing, LLC.. (Rathke, Sarah)
March 8, 2019 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Defendants Rule 12(B)(6) Motion to Dismiss with Memorandum in Support by Defendants Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC. (Attachments: #1 Exhibit A - Invoice, #2 Proposed Order) (Rathke, Sarah)
March 4, 2019 Filing 15 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint New date requested 3/8/2019. by Defendants Interstate Equipment Leasing, LLC, Knight-Swift Transportation Holdings, Inc., Swift Leasing Co., LLC. (Attachments: #1 Text of Proposed Order) (Rathke, Sarah)
February 21, 2019 Opinion or Order Filing 14 ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Elizabeth D. Hatting for Defendant Cummins, Inc. Signed by Judge Michael R. Barrett on 2/21/19. (ba)
February 20, 2019 Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6802421) of Elizabeth D. Hatting by Defendant Cummins, Inc.. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2) (Rhinehart, Erin)
February 11, 2019 Filing 12 Defendant Cummins Inc.'s ANSWER to #1 Complaint with Jury Demand filed by Cummins, Inc.. (Rhinehart, Erin)
January 24, 2019 Filing 11 WAIVER OF SERVICE Returned Executed. Waiver sent to Swift Leasing Co., LLC on 12/11/2018, answer due 2/11/2019. (Utter, Gregory)
January 24, 2019 Filing 10 WAIVER OF SERVICE Returned Executed. Waiver sent to Knight-Swift Transportation Holdings, Inc. on 12/11/2018, answer due 2/11/2019. (Utter, Gregory)
January 24, 2019 Filing 9 WAIVER OF SERVICE Returned Executed. Waiver sent to Interstate Equipment Leasing, LLC on 12/11/2018, answer due 2/11/2019. (Utter, Gregory)
January 15, 2019 Filing 8 WAIVER OF SERVICE Returned Executed. Waiver sent to Cummins, Inc. on 12/11/2018, answer due 2/11/2019. (Utter, Gregory)
January 10, 2019 Filing 7 Corporate Disclosure Statement by Defendant Cummins, Inc.. (Rhinehart, Erin)
January 8, 2019 Opinion or Order Filing 6 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice of Jennifer M. Hannah for Defendant Cummins, Inc.. Signed by Judge Michael R. Barrett on 1/8/19. (ba)
January 3, 2019 Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6737612) of Jennifer M. Hannah by Defendant Cummins, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Rhinehart, Erin)
January 2, 2019 Filing 4 NOTICE of Appearance by Erin Rhinehart for Defendant Cummins, Inc. (Rhinehart, Erin)
December 11, 2018 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc)
December 10, 2018 Filing 3 NOTICE of Appearance by Jacob DeNiro Rhode for Plaintiff Bush Truck Leasing, Inc. (Rhode, Jacob)
December 10, 2018 Filing 2 NOTICE by Plaintiff Bush Truck Leasing, Inc. re #1 Complaint (Utter, Gregory)
December 10, 2018 Filing 1 COMPLAINT with JURY DEMAND against Bush Truck Leasing, Inc. ( Filing fee $ 400 paid - receipt number: 0648-6710622), filed by Bush Truck Leasing, Inc.. (Utter, Gregory)

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Search for this case: Bush Truck Leasing, Inc. v. Cummins, Inc. et al
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Defendant: Cummins, Inc.
Represented By: Erin Rhinehart
Represented By: Jennifer M Hannah
Represented By: Caroline A.H. Sayers
Represented By: Elizabeth D. Hatting
Represented By: Mara H. Cohara
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Defendant: Swift Leasing Co., LLC
Represented By: Sarah Kathryn Rathke
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Defendant: Knight-Swift Transportation Holdings, Inc.
Represented By: Sarah Kathryn Rathke
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Defendant: Interstate Equipment Leasing, LLC
Represented By: Sarah Kathryn Rathke
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Plaintiff: Bush Truck Leasing, Inc.
Represented By: Jacob DeNiro Rhode
Represented By: Gregory Michael Utter
Represented By: Amanda Brooke Burton
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