Drayer v. Navistar et al
Plaintiff: Melissa Drayer
Defendant: Cummins Inc and Navistar, Inc.
Case Number: 2:2009cv00018
Filed: January 8, 2009
Court: US District Court for the Southern District of Ohio
Office: Contract: Other Office
County: WASHINGTON
Presiding Judge: Mark R Abel
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 29, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2010 Opinion or Order Filing 49 ORDER OF DISMISSAL WITH PREJUDICE. This case is dismissed Signed by Magistrate Judge Mark R. Abel on 7/28/10. (rew)
July 28, 2010 Filing 48 STIPULATION of Dismissal by Plaintiff Melissa Drayer. (Cozmyk, Peter)
May 11, 2010 Opinion or Order Filing 47 ORDER granting #46 Motion for Extension of Time. The discovery extended until June 23, 2010. The case-dispositive motions extended until July 23, 2010. Signed by Magistrate Judge Mark R. Abel on 5/11/10. (rew)
May 11, 2010 Set/Deadlines: Discovery due by 6/23/2010. Dispositive motions due by 7/23/2010. (rew)
May 7, 2010 Filing 46 Unopposed MOTION for Extension of Time New date requested 6/23/2010. by Defendant Cummins Inc. (Attachments: #1 Text of Proposed Order) (Merl, Amber)
February 2, 2010 Filing 45 NOTICE of Appearance by Amber Lea Merl for Defendant Cummins Inc (Merl, Amber)
November 13, 2009 Opinion or Order Filing 44 SCHEDULING ORDER: Discovery due 5/12/10 and Case-dispositive motions deadline due 6/11/10. Signed by Magistrate Judge Mark R. Abel on 11/13/09. (rew)
November 13, 2009 Set Deadlines: Discovery due by 5/12/2010. Dispositive motions due by 6/11/2010. (rew)
November 12, 2009 Filing 43 Proposed Pretrial Order Deadlines for Discovery by Plaintiff Melissa Drayer. (Cozmyk, Peter)
November 2, 2009 Filing 42 Cummins Inc.'s ANSWER to #28 Amended Complaint by Defendant Cummins Inc. (Merl, Amber)
November 2, 2009 Filing 41 Corporate Disclosure Statement by Defendant Cummins Inc. (Merl, Amber)
October 22, 2009 Filing 40 ANSWER to #28 Amended Complaint by Defendant Navistar, Inc. (er1)
October 22, 2009 Opinion or Order Filing 39 ORDER granting #38 Motion for Leave to File Answer Out of Rule. Signed by Magistrate Judge Mark R. Abel on 10/22/2009. (er1)
October 14, 2009 Filing 38 MOTION for Leave to File Answer out of Rule by Defendant Navistar, Inc.. (Attachments: #1 Exhibit Answer to First Amended Complaint) (Gabriel, Jessie)
October 12, 2009 Reset Deadlines: Cummins Inc answer due 11/2/2009. (pes1)
October 12, 2009 Filing 37 STIPULATION of Extension of Time for Defendant Cummins to Answer by Defendant Cummins Inc. (Merl, Amber)
October 12, 2009 Filing 36 NOTICE of Appearance by Amber Lea Merl Defendant Cummins Inc (Merl, Amber)
October 5, 2009 Filing 35 WAIVER OF SERVICE Returned Executed by Defendant Navistar, Inc.. Navistar, Inc. waiver sent on 8/14/2009, answer due 10/13/2009. (Cozmyk, Peter)
October 5, 2009 Filing 34 WAIVER OF SERVICE Returned Executed by Defendant Cummins Inc. Cummins Inc waiver sent on 8/14/2009, answer due 10/13/2009. (Cozmyk, Peter)
September 21, 2009 Opinion or Order Filing 33 STATUS CONFERENCE ORDER: Counsel are DIRECTED to call chambers on or before November 13, 2009 to schedule a telephone conference. Signed by Magistrate Judge Mark R. Abel on 9/21/09. (rew)
September 15, 2009 Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 9/15/2009. (mra5, )
August 4, 2009 Filing 32 Summons Issued as to Cummins Inc. (jweb1, )
August 4, 2009 Notice of Correction: Per order, doc #27 , the amended complaint had been granted. The Clerk has corrected the docket by adding the amended complaint to the docket. Subsequently the document numbers 28-31 were renumbered according to date order. Regeneration of the Notice of Electronic Filings for doc nos 28-31 was done by the Clerk. (er1 )
July 17, 2009 Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 7/17/2009. (mra2, )
July 17, 2009 Opinion or Order Filing 31 Status Conference Order: Counsel are DIRECTED to call chambers within 15 days of counsel entering an appearance with newly joined defendant Cummins to schedule a telephone status and scheduling conference. Signed by Magistrate Judge Mark R. Abel on 7/17/09. (rew )
July 17, 2009 Set/Reset Deadlines: Status Report - Counsel must contact chambers to scheduled a telephone status conference due by 9/9/2009. (rew )
June 25, 2009 Reset Columbus PPTO Deadlines: Navistar Inc.'s Expert Witness Disclosures due by 7/14/2009. (pes1)
June 25, 2009 Opinion or Order Filing 30 ORDER granting #29 Joint Motion to extend the deadline for Defendant Navistar's Expert Witness Discloures no later than 7/14/2009. Signed by Magistrate Judge Mark R. Abel on 6/25/2009. (er1 )
June 24, 2009 Filing 29 Joint Motion to extend deadline for defendant's expert disclosures by Defendant Navistar, Inc and Plaintiff Melissa Drayer. New date requested 7/14/2009. (Gabriel, Jessie) Modified on 6/25/2009 to add filer and clarify text. (pes1).
May 29, 2009 Filing 28 AMENDED COMPLAINT filed by Melissa Drayer against Navistar, Inc and Cummins Inc. (er1 )
May 29, 2009 Opinion or Order Filing 27 Status Conference Order: Motion to Amend the complaint, doc #25 , is GRANTED. Counsel are DIRECTED to chambers within 15 days of counsel entering an appearance with newly joined defendant Cummins to schedule a telephone status and scheduling conference. Signed by Magistrate Judge Mark R. Abel on 5/29/09. (rew ) Modified text on 8/4/2009 (er1 ).
May 28, 2009 Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 5/28/2009. (mra2, )
May 28, 2009 Filing 26 STIPULATION as to a Protective Order by Defendant Navistar, Inc.. (Gabriel, Jessie)
May 27, 2009 Filing 25 MOTION to Amend/Correct Complaint by Plaintiff Melissa Drayer. (Attachments: #1 Exhibit 1) (Cozmyk, Peter)
May 13, 2009 Filing 24 NOTICE by Plaintiff Melissa Drayer Amended Notice of Withdrawal of Counsel of Record (Cozmyk, Peter)
May 8, 2009 Filing 23 NOTICE by Plaintiff Melissa Drayer Notice of Withdrawal of Counsel of Record (Cozmyk, Peter)
April 27, 2009 Filing 22 STATUS REPORT by Defendant Navistar, Inc.. (Gabriel, Jessie)
April 15, 2009 Opinion or Order Filing 21 ORDER: The Clerk of Court is DIRECTED to terminate Doc. 19 as a motion, and to indicate upon the docket that Doc. 19 was dispositive of pending motion Doc. 11. Signed by Magistrate Judge Mark R. Abel on 4/15/09. (rew )
April 14, 2009 Filing 20 STATUS REPORT by Plaintiff Melissa Drayer. (Lucas, Ronna)
April 7, 2009 Filing 19 REPORT AND RECOMMENDATION that the #11 MOTION to Remand filed by Melissa Drayer should be DENIED. Objections to R&R due by 4/24/2009. Signed by Magistrate Judge Mark R. Abel on 4/07/09. (rew )
March 30, 2009 Notice of Correction: Former docket #17 (Response in Support of Motion) filed by Ronna Lucas, deleted and re-filed by Clerk as current docket #18 (Reply to Response to Motion) to correct ECF filing event. (kch1)
March 27, 2009 Filing 18 REPLY to Response to Motion re #11 MOTION to Remand filed by Plaintiff Melissa Drayer. (kch1)
March 27, 2009 Filing 17 RESPONSE in Support re #11 MOTION to Remand filed by Plaintiff Melissa Drayer. (Lucas, Ronna)
March 24, 2009 Set/Reset Columbus PPTO Deadlines: Status Report due by 4/27/2009. (kch1)
March 23, 2009 Filing 16 NOTICE by Plaintiff Melissa Drayer (Lucas, Ronna)
March 17, 2009 Opinion or Order Filing 15 ORDER REFERRING CASE to Magistrate Judge Mark R. Abel for all further proceedings including trial and entry of judgment. Signed by Judge Gregory L Frost on 3/17/09. (sem1, )
March 17, 2009 Opinion or Order Filing 14 PRELIMINARY PRETRIAL ORDER: Motions to Amend due by 5/29/2009. Rule 26(a)(1) Disclosures due by 3/31/2009. Primary Expert due by 5/11/2009. Rebuttal Expert due by 6/30/2009. Discovery due by 8/3/2009. Dispositive motions due by 8/31/2009. Plaintiff to make settlement demand by 4/20/09. Defendant to respond to that demand by 8/24/09. Settlement Week due by 6/2009. Signed by Magistrate Judge Mark R. Abel on 3/17/09. (kch1)
March 16, 2009 Filing 13 RESPONSE in Opposition re #11 MOTION to Remand filed by Defendant Navistar, Inc.. (Gabriel, Jessie)
March 13, 2009 Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Initial Pretrial Conference held on 3/13/2009. (mra2, )
February 27, 2009 Filing 12 NOTICE of Appearance by Ronna Sue Lucas on behalf of Plaintiff Melissa Drayer (Lucas, Ronna) Modified on 3/2/2009 to clarify text. (kch1)
February 20, 2009 Filing 11 MOTION to Remand by Plaintiff Melissa Drayer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Lucas, Ronna)
February 18, 2009 Filing 10 RULE 26(f) REPORT by Plaintiff Melissa Drayer, Defendant Navistar, Inc.. (Gabriel, Jessie)
February 5, 2009 Opinion or Order Filing 9 ORDER: The Clerk of Court is DIRECTED to change the caption of this case to reflect the defendant's new name as Navistar, Inc. Signed by Mark R. Abel on 2/05/09. (rew )
February 2, 2009 Filing 8 NOTICE by Defendant International Truck and Engine Corporation of Name Change to Navistar, Inc. (Gabriel, Jessie)
January 29, 2009 Filing 7 NOTICE of Hearing: Preliminary Pretrial Conference set for 3/13/2009 @ 10:30 AM before Mark R. Abel. Conf of the parties due 2/20/09; Rule 26f report of the parties due 3/6/09. (sh1, )
January 15, 2009 Received State Court Record from Washington County CPC. (rew )
January 12, 2009 Filing 6 ANSWER to #2 Complaint by Defendant International Truck and Engine Corporation. (Gabriel, Jessie)
January 9, 2009 Filing 5 Supplemental Memorandum Supporting re #1 Notice of Removal (Attorney), Notice of Removal (Attorney) Supplemental Civil Cover Sheet by Defendant International Truck and Engine Corporation. (Gabriel, Jessie)
January 9, 2009 Filing 4 Corporate Disclosure Statement by Defendant International Truck and Engine Corporation. (Gabriel, Jessie)
January 9, 2009 Filing 3 NOTICE of docketing in a removal. (kch1)
January 9, 2009 Filing 2 STATE COURT COMPLAINT with JURY DEMAND filed by Melissa Drayer against International Truck and Engine Corporation in Washington County Common Pleas Court. (kch1)
January 8, 2009 Filing 1 NOTICE OF REMOVAL from Washington County Court of Common Pleas, case number 080T373 ( Filing fee $ 350 paid - receipt number: 06480000000001986094), filed by International Truck and Engine Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summons Form, #3 State Court Complaint) (Gabriel, Jessie)

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Defendant: Cummins Inc
Represented By: John Q Lewis
Represented By: Shawn J Organ
Represented By: Amber Lea Merl
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Defendant: Navistar, Inc.
Represented By: Jessie Morgan Gabriel
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Plaintiff: Melissa Drayer
Represented By: Peter Cozmyk
Represented By: Ronna Sue Lucas
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