Mendoza v. Caterpillar Inc
| Maria L Mendoza |
| Caterpillar Inc |
| ACF 2006 Corp |
| 5:2011cv00583 |
| May 24, 2011 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Oklahoma |
| Timothy D DeGiusti |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on August 20, 2013. A more recent docket listing may be available from PACER.
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| Filing 57 STIPULATION of Dismissal of all claims and all parties by All Parties. (Merritt, Barbara) |
| Filing 56 Exhibit List / Witness List by Defendant Caterpillar Inc. (Willis, W) |
| Filing 55 MOTION to Dismiss OR ALTERNATIVELY FOR ORDER PROHIBITING PLAINTIFF FROM CALLING WITNESSES AND PRESENTING EXHIBITS by Caterpillar Inc. (Willis, W) |
| Filing 54 MOTION for Summary Judgment by Caterpillar Inc. (Attachments: #1 Exhibit 1 - First Amended Petition, #2 Exhibit 2 - Cat Answers to First Interrogatories, #3 Exhibit 3 - Cheryl Matthews Deposition, #4 Exhibit 4 - Jimmy Horn Deposition, #5 Exhibit 4A - Horn Depo (Exhibit 1), #6 Exhibit 5 - Scraper Purchase Order, #7 Exhibit 6 - Scraper Specs, #8 Exhibit 7 - Scraper Photos, #9 Exhibit 8 - Operation & Maintenance Manual, #10 Exhibit 9 - Cat Resps to First Production, #11 Exhibit 10 - CIMA Safety Manual, #12 Exhibit 11 - Dustin Jones Deposition, #13 Exhibit 12 - Plaintiff Answers to CAT Interrogatories, #14 Exhibit 13 - Krenek Expert Report, #15 Exhibit 14 - Brady Expert Report, #16 Exhibit 15 - Carlson Expert Report)(Jennings, James) |
| Filing 53 Expert Witness List Designation of Expert Witnesses by Defendant Caterpillar Inc. (Howell, Brad) |
Filing 52
ORDER/CERTIFICATION of Constitutional Question re #51 Notice (other) filed by Caterpillar Inc. Signed by Honorable Timothy D. DeGiusti on 1/16/2013. (mb)
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| Filing 51 NOTICE (other) by Caterpillar Inc of Constitutional Question (Jennings, James) |
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Filing 50
SCHEDULING ORDER: Motions to join due 14 days; Motions to amend due 14 days; Pla expert witness list and expert reports due 7/3/2013; Dft expert witness list and expert reports due 7/24/2013; Pla witness list due 7/24/2013; Pla exhibit list due 7/24/2013; Motions in limine due 10/4/2013; Jury instructions due 10/4/2013; Voir dire requests due 10/4/2013; Trial briefs due 10/4/2013; Discovery due by 9/4/2013. Jury Trial set for 11/5/2013 09:30 AM in Courtroom 503 before Honorable Timothy D. DeGiusti. Motions due by 8/5/2013. Pretrial Report due by 10/4/2013.. Signed by Honorable Timothy D. DeGiusti on 1/8/2013. (mb)
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| Filing 49 ENTRY of Appearance by J Derrick Teague on behalf of Caterpillar Inc (Teague, J) |
| Filing 48 JOINT STATUS REPORT AND DISCOVERY PLAN by Defendant Caterpillar Inc, Plaintiff Maria L Mendoza. (Jennings, James) |
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Filing 47
ORDER denying #42 Motion to Dismiss. Signed by Honorable Timothy D. DeGiusti on 12/19/2012. (mb)
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| Filing 46 DOCKET: Scheduling Conference set for 1/8/2013 02:30 PM in Chambers before Honorable Timothy D. DeGiusti. Status Report due by 1/2/2013. (mb) |
| Filing 45 NOTICE (other) by Maria L Mendoza that Barbara A. Merritt Will Continue Representation Of Plaintiff (Merritt, Barbara) |
| Filing 44 LETTER to the Court from Doug Friesen (mb) |
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Filing 43
ORDER directing counsel to submit the proper pleadings to advise the Court and the defendant who will serve as counsel no later than 7 days. If no withdrawal or entry of appearance by that deadline, this action will be dismissed without prejudice. Signed by Honorable Timothy D. DeGiusti on 11/7/2012. (mb)
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| Filing 42 MOTION to Dismiss by Caterpillar Inc. (Attachments: #1 Exhibit 1 - Letter of Friesen)(Jennings, James) |
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Filing 41
ORDER granting #40 Motion to Withdraw as Attorney. Attorney Mark A Cox terminated. Signed by Honorable Timothy D. DeGiusti on 9/28/2012. (mb)
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| Filing 40 MOTION to Withdraw as Attorney by Maria L Mendoza. (Attachments: #1 Order)(Cox, Mark) |
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Filing 39
ORDER granting #38 Sealed Motion. Signed by Honorable Timothy D. DeGiusti on 6/14/12. (ap)
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| Filing 38 SEALED MOTION by Maria L Mendoza.(ap, ) |
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Filing 37
ORDER granting #36 Motion for Leave to File Document Under Seal. Plaintiff is authorized to file under seal the motion to strike and reset deadlines. Signed by Honorable Timothy D. DeGiusti on 6/8/2012. (mb)
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| Filing 36 UNOPPOSED MOTION for Leave to File Document Under Seal by Maria L Mendoza. (Merritt, Barbara) |
| Filing 35 SUBPOENA Returned Executed by Caterpillar Inc as to James R Horn. (Willis, W) |
| Filing 34 NOTICE to Take Deposition of James Horn by Caterpillar Inc. (Willis, W) |
| Filing 33 SUBPOENA RETURNED EXECUTED as to Non-Party Dustin Everett Jones, filed by Defendant Caterpillar Inc. (Jennings, James) |
| Filing 32 NOTICE to Take Deposition of Miguel Mendoza by Caterpillar Inc. (Jennings, James) |
| Filing 31 NOTICE to Take Deposition of Juan Mendoza by Caterpillar Inc. (Jennings, James) |
| Filing 30 NOTICE to Take Deposition of Noe Mendoza, Jr by Caterpillar Inc. (Jennings, James) |
| Filing 29 NOTICE to Take Deposition of Dustin Jones by Caterpillar Inc. (Jennings, James) |
| Filing 28 NOTICE of Subpoena by Caterpillar Inc (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum to Tulsa Fire Department)(Willis, W) |
| Filing 27 NOTICE of Subpoena by Caterpillar Inc (Attachments: #1 Exhibit 1 - Subpoenas Duces Tecum)(Willis, W) |
| Filing 26 AGREED ORDER #25 Motion for Order. Signed by Honorable Timothy D. DeGiusti on 3/15/2012. (mb, ) |
| Filing 25 UNOPPOSED MOTION for Order to Release Medical Examiner's Case File by Caterpillar Inc. (Attachments: #1 Exhibit 1 - proposed Agreed Order)(Willis, W) |
| Filing 24 NOTICE (other) by ACF 2006 Corp of Security Interest in Attorneys Lien (Hicks, James) |
| Filing 23 AMENDED ANSWER to Plaintiff's First Amended Petition by Caterpillar Inc. (Howell, Brad) |
| Filing 22 NOTICE of Subpoena by Caterpillar Inc (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum to Tulsa Police Dept)(Willis, W) |
| Filing 21 DISCLOSURE STATEMENT - CORPORATE by Caterpillar Inc. (Jennings, James) |
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Filing 20
SCHEDULING ORDER: Motions to join due 14 days; Motions to amend due 14 days; Pla expert witness list and expert reports due 6/1/2012; Dft expert witness list and expert reports due 6/15/2012; Pla witness list due 6/15/2012; Pla exhibit list due 6/15/2012; Motions in limine due 9/4/2012; Jury instructions due 9/4/2012; Voir dire requests due 9/4/2012; Trial briefs due 9/4/2012; Discovery due by 8/6/2012. Jury Trial set for 10/9/2012 09:30 AM in Courtroom 503 before Honorable Timothy D. DeGiusti. Motions due by 8/6/2012. Pretrial Report due by 9/4/2012.. Signed by Honorable Timothy D. DeGiusti on 11/3/2011. (mb, )
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| Filing 19 JOINT STATUS REPORT AND DISCOVERY PLAN by Defendant Caterpillar Inc, Plaintiff Maria L Mendoza. (Merritt, Barbara) |
| Filing 18 DOCKET: Scheduling Conference set for 11/3/2011 10:00 AM in Chambers before Honorable Timothy D. DeGiusti. Status report due 10/28/2011 (cjs) |
| Filing 17 ENTRY of Appearance by Brad Kent Howell on behalf of Caterpillar Inc (Howell, Brad) |
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Filing 16
ORDER granting #12 Motion to Appear Pro Hac Vice of Bradley Kent Howell. Signed by Honorable Timothy D. DeGiusti on 9/2/2011. (mb, )
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Filing 15
ORDER granting #11 Motion to Appear Pro Hac Vice of William Ray Whitman. Signed by Honorable Timothy D. DeGiusti on 9/2/2011. (mb, )
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| Filing 14 Receipt for Money Received from Caterpillar Inc in the amount of $100.00, receipt number OKW500019186 regarding #12 MOTION for Leave to Appear Pro Hac Vice of Bradley Kent Howell, #11 MOTION for Leave to Appear Pro Hac Vice of William Ray Whitman (cjs) |
| Filing 13 NOTICE of Subpoena by Caterpillar Inc (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum to United General, #2 Exhibit 2 - Subpoena Duces Tecum to RDO Equipment, #3 Exhibit 3 - Subpoena Duces Tecum to Cash Construction)(Willis, W) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice of Bradley Kent Howell by Caterpillar Inc. (Jennings, James) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice of William Ray Whitman by Caterpillar Inc. (Jennings, James) |
| Filing 10 ENTRY of Appearance by Mark A Cox on behalf of Maria L Mendoza (Cox, Mark) |
| Filing 9 ENTRY of Appearance by Barbara A Merritt on behalf of Maria L Mendoza (Merritt, Barbara) |
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Filing 8
ORDER that if plaintiff intends to pursue this action without counsel, she is directed to enter a pro se appearance no later than 10 days from the date of this order.. Signed by Honorable Timothy D. DeGiusti on 8/3/2011. (mb, )
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| Filing 7 ENTRY of Appearance by W Brett Willis on behalf of Caterpillar Inc (Willis, W) |
| Filing 6 ENTRY of Appearance by Linda G Kaufmann on behalf of Caterpillar Inc (Kaufmann, Linda) |
| Filing 5 ENTRY of Appearance by James A Jennings, III on behalf of Caterpillar Inc (Jennings, James) |
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Filing 4
ORDER granting #3 Motion to Withdraw as Attorney. Attorney John M Merritt terminated. Signed by Honorable Timothy D. DeGiusti on 6/20/2011. (cjs)
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| Filing 3 UNOPPOSED MOTION to Withdraw as Attorney of Record by Maria L Mendoza. (Merritt, John) |
| Filing 2 Receipt for Money Received from Caterpillar Inc in the amount of $350.00, receipt number OKW500017128 regarding #1 Notice of Removal,,,,,,,, (cjs) |
| Filing 1 NOTICE OF REMOVAL from District Court Oklahoma County, case number CJ-2010-7803 filed by Caterpillar Inc. (Attachments: #1 Exhibit Petition, #2 Exhibit Dismissal, #3 Exhibit Docket Sheet, #4 Exhibit Entry of appearance M Blue, #5 Exhibit Entry of appearance J Merritt, #6 Exhibit Entry of appearance M Cox, #7 Exhibit Entry of appearance B Merritt, #8 Exhibit Special appearance and mtn to dismiss, #9 Exhibit Summons ret Caterpillar, #10 Exhibit Summons ret United Gen Contractors, #11 Exhibit Answer of Caterpillar, #12 Exhibit Amd special appearance/mtn to dismiss, #13 Exhibit Caterpillar brief, #14 Exhibit Order for hearing, #15 Exhibit Plaintiff's mtn to extend, #16 Exhibit Order extending time, #17 Exhibit Motion to cnsl T Womble, #18 Exhibit Motion to cnsl B Howell, #19 Exhibit Motion to cnsl W Womble, #20 Exhibit Order admitting W Womble, #21 Exhibit Order admitting T Womble, #22 Exhibit Order admitting B Howell, #23 Exhibit Motion to substitute, #24 Exhibit Order granting, #25 Exhibit Plaintiff mtn to extend, #26 Exhibit Return Darren Bond, #27 Exhibit Return Cheryl Matthews, #28 Exhibit Order extending time, #29 Exhibit Special appearance, #30 Exhibit Motion to compel, #31 Exhibit Motion to counsel M Curtis, #32 Exhibit Motion to counsel R Whitman, #33 Exhibit Motion to counsel L Quiat, #34 Exhibit Order admitting L Quiat, #35 Exhibit Order admitting R Whitman, #36 Exhibit Order admitting M Curtis, #37 Exhibit Motion to cnsl G Ulmer, #38 Exhibit Order admitting G Ulmer, #39 Exhibit Motion to cnsl M Blue, #40 Exhibit First Amended Petition, #41 Exhibit Order permitting withdrawal, #42 Exhibit United General Contractors special appearance, #43 Exhibit Plaintiff's motion for extension of time to respond, #44 Exhibit Defendant Caterpillar's answer, #45 Exhibit Order extending time to respond, #46 Exhibit Notice of change in law firm, #47 Exhibit Index, #48 Civil Cover Sheet)(cjs) |
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