Brown et al v. Caterpillar Inc.
| Douglas Brown and Patricia Brown |
| Caterpillar Inc., JLG Industries Inc. and Landoll Company LLC |
| 2:2021cv01865 |
| December 23, 2021 |
| US District Court for the District of Oregon |
| Andrew D Hallman |
| Personal Inj. Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 Transmittal of Certified Copy of Docket Sheet and Certified Copy of Judgment #27 , Order on Motion to Remand, Order on Findings & Recommendation #26 to Multnomah County Circuit Court. (sb) |
Filing 27
JUDGMENT: Based on the Court's Order, ECF #26 , adopting Judge Hallman's Findings and Recommendation, ECF #22 , IT IS ADJUDGED that Plaintiffs' Motion to Remand, ECF #5 , is GRANTED. This case is REMANDED to the Multnomah County Circuit Court in the State of Oregon (Case No. 21CV14209). Signed on 8/9/2022 by Judge Karin J. Immergut. (dsg)
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Filing 26
ORDER: This Court has reviewed de novo the portions of Judge Hallman's F&R to which Defendants objected. The F&R, ECF #22 , is adopted in full. Plaintiffs' Motion to Remand, ECF #5 , is GRANTED. This case is REMANDED to the Multnomah County Circuit Court in the State of Oregon (Case No. 21CV14209). Signed on 8/9/2022 by Judge Karin J. Immergut. (dsg)
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| Filing 25 Response to Objections to Findings & Recommendation. Related document(s): #24 Objections to Findings & Recommendation, #22 Findings & Recommendation,. Filed by Douglas Brown, Patricia Brown. (Pickett, J.) |
| Filing 24 Objections of Defendants Caterpillar, Inc., and JLG Industries, Inc.'s to Findings & Recommendation: Motion to Remand to State Court #5 should be Granted #22 Oral Argument requested. Filed by Caterpillar Inc., JLG Industries Inc.. (Beasley, Heather) |
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Filing 23
ORDER referring Findings & Recommendation #22 to Judge Immergut. Ordered by Magistrate Judge Andrew D. Hallman. (dsg)
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| Filing 22 Findings & Recommendation: Motion to Remand to State Court #5 should be GRANTED, and the case should be remanded to the Multnomah County Circuit Court. Objections to the Findings and Recommendation are due by 7/13/2022. Signed on 6/29/2022 by Magistrate Judge Andrew D. Hallman. (dsg) |
| Filing 21 Second Supplement Brief in Support of Motion to Remand. Filed by Douglas Brown. (Related document(s): Motion to Remand #5 .) (Pickett, J.) |
| Filing 20 Second Supplement Brief in Opposition to Plaintiffs' Motion to Remand. Filed by Caterpillar Inc., JLG Industries Inc.. (Related document(s): Response to Motion #9 .) (Beasley, Heather) |
| Filing 19 MINUTES of Proceedings: Motion Hearing HELD before Magistrate Judge Andrew Hallman. Defendants have fourteen (14) days to file supplemental briefing discussing whether the failure to state a claim against Meredith is obvious under Oregon state law. The supplemental brief is limited to the substantive issue; briefing on the procedural issues is not required. Plaintiff may file an optional response brief fourteen (14) days after the supplemental brief is filed. Plaintiff is also ordered provide a redlined amended complaint to Defendants no later than Friday, April 29, 2022. The Court also strikes all pending case deadlines. J. Randolph Pickett present as counsel for plaintiffs. Heather Beasley, Stephanie Kane Demers, Claude Bosworth present as counsel for defendants. Court Reporter: Kellie Humiston. (dsg) |
| Filing 18 Supplement Brief in Support of Motion to Remand. Filed by All Plaintiffs. (Related document(s): Motion to Remand #5 .) (Pickett, J.) |
| Filing 17 Declaration of Heather C. Beasley in Support of Defendant Caterpillar, Inc. and JLG Industries, Inc.'s Supplemental Memorandum in Opposition to Plaintiffs' Motion to Remand. Filed by Caterpillar Inc., JLG Industries Inc.. (Related document(s): Supplement #16 .) (Beasley, Heather) |
| Filing 16 Supplement Memorandum in Opposition to Plaintiffs' Motion to Remand. Filed by Caterpillar Inc., JLG Industries Inc.. (Related document(s): Response to Motion #9 .) (Beasley, Heather) |
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Filing 15
ORDER: Granting Motion for Leave to Appear Pro Hac Vice regarding Stephanie Kane Demers #14 . Ordered by Magistrate Judge Andrew D. Hallman. (dsg)
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| Filing 14 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Stephanie Kane Demers. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8468893. Filed by Caterpillar Inc., JLG Industries Inc.. (Demers, Stephanie) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Stephanie Kane Demers. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8468893 #14 : Reviewed and Ready for Ruling. (jw) |
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Filing 13
SCHEDULING ORDER: regarding Motion to Remand to State Court #5 . Supplemental Briefs are due by 4/14/2022. Oral Argument is set for 4/27/2022 at 02:00PM by telephone before Magistrate Judge Andrew D. Hallman. Ordered by Magistrate Judge Andrew D. Hallman. (dsg)
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| Filing 12 Reply to Motion to Remand to State Court #5 Oral Argument requested. Filed by Douglas Brown, Patricia Brown. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Pickett, J.) |
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Filing 11
ORDER: Granting Motion for Leave to Appear Pro Hac Vice regarding Kevin James Banville #10 . Ordered by Magistrate Judge Andrew D. Hallman. (dsg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Kevin James Banville. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8416908 #10 : Reviewed and Ready for Ruling. (ecp) |
| Filing 10 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Kevin James Banville. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8416908. Filed by Caterpillar Inc., JLG Industries Inc.. (Banville, Kevin) |
| Filing 9 Response Memorandum in Opposition to Motion to Remand to State Court #5 . Filed by Caterpillar Inc., JLG Industries Inc.. (Beasley, Heather) |
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Filing 8
ORDER: Granting Motion for Extension of Time to File Response to Motion to Remand to State Court #5 . Response is due by 2/15/2022. Ordered by Magistrate Judge Andrew D. Hallman. (dsg)
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| Filing 7 Stipulated Motion for Extension of Time to File a Response/Reply to Motion to Remand to State Court #5 . Filed by Caterpillar Inc., JLG Industries Inc.. (Beasley, Heather) |
| Filing 6 Declaration of Heather C. Beasley . Filed by Caterpillar Inc., JLG Industries Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Attachment, #4 Attachment, #5 Attachment, #6 Attachment, #7 Attachment, #8 Attachment, #9 Attachment, #10 Attachment, #11 Attachment, #12 Attachment, #13 Attachment, #14 Attachment, #15 Attachment, #16 Attachment, #17 Attachment, #18 Attachment, #19 Attachment) (Beasley, Heather) |
| Filing 5 Motion to Remand to State Court. Oral Argument requested. Filed by Douglas Brown. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Pickett, J.) |
| Filing 4 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Jolie A. Russo to Magistrate Judge Andrew D. Hallman and transferred to the Pendleton Division. (eo) |
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Filing 3
ORDER issued by Magistrate Judge Jolie A. Russo: Although defendants removed this action from the Circuit Court of the State of Oregon for the County of Multnomah, the complaint alleges that the events underlying the causes of action occurred in Crook County. Accordingly, the case is transferred to the Pendleton division for all further proceedings pursuant to Local Rule 3(b). (gm)
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Filing 2
Notice of Case Assignment to Magistrate Judge Jolie A. Russo and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 4/29/2022. Joint Alternate Dispute Resolution Report is due by 5/31/2022. Pretrial Order is due by 5/31/2022. Ordered by Magistrate Judge Jolie A. Russo. (eo)
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| Filing 1 Notice of Removal of Case Number 21CV14209 from Multnomah. Filing fee in the amount of $402 collected. Agency Tracking ID:AORDC-8354278. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by JLG Industries Inc., Caterpillar Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet). (Beasley, Heather) Modified to include payment information on 12/29/2021 . NEF regenerated (sss). |
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