GRASINGER v. CATERPILLAR INC.
DAVID GRASINGER |
CATERPILLAR INC. |
2:2021cv00956 |
July 21, 2021 |
US District Court for the Western District of Pennsylvania |
Nora Barry Fischer |
Motor Vehicle Prod. Liability |
28 U.S.C. § 1441 Notice of Removal |
None |
Docket Report
This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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Filing 74 REPORT of Mediation: Mediation held on 10/3/2023. Case has been resolved. DAVID WHITE terminated. David B. White, Mediator The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (White, David) |
Filing 73 ORDER FOR ADMINISTRATIVE CLOSING. The Court having been advised the above-captioned case has been resolved, the Clerk shall mark case closed. The Court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement. Signed by Judge Nora Barry Fischer on 10/4/2023. (lyk) |
Filing 72 Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 10/3/2023 09:30 AM (White, David) |
Filing 71 Notice of Initial ADR Conference by CATERPILLAR INC.. Initial ADR Conference Date 10.3.23 at 9:30 a.m., at the Burns white Center 48 26th Street, Pittsburgh, PA15222 (Freeman, Timothy) |
Filing 70 ORDER The parties shall file a Joint Status Report due by 10/27/2023. Signed by Judge Nora Barry Fischer on 8/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (gmk) |
Filing 69 ORDER REFERRING CASE to Second ADR Session. David White, Esq. is appointed as mediator. The ADR conference(s) shall be concluded on or before October 30, 2023 unless extended by order of the Court; ADR Session Notice due by August 21, 2023. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 8/10/2023. (lyk) |
Filing 68 STATUS REPORT (Joint) by CATERPILLAR INC.. (Freeman, Timothy) |
Filing 67 ORDER: This Court having held a telephonic status conference in the matter #66 ;IT IS HEREBY ORDERED, that the parties shall confer and file a joint status report by August 10, 2023. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 8/3/23. (cjo) |
Filing 66 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 8/3/2023. (cjo) |
Filing 65 ORDER: Defendant Caterpillar, Inc.s Motion to Exclude the Proffered Expert Testimony of David Pope and Mark Licurse #45 is GRANTED, inpart and DENIED, without prejudice, in part. Said Motion is granted to the extent that Plaintiffs experts will not be permitted to testify that the Excavators safety features were defectively designed but is denied in all other respects. A telephone status conference shall be held on August 3, 2023 at 10:00 a.m. Signed by Judge Nora Barry Fischer on 7/28/23. (cjo) |
Filing 64 MEMORANDUM OPINION re #45 MOTION to Exclude the Proffered Expert Testimony of David Pope and Mark Licurse filed by CATERPILLAR INC. Details more fully stated in the opinion. An appropriate order of court follows. Signed by Judge Nora Barry Fischer on 7/28/23. (cjo) |
Filing 63 Proposed Findings of Fact and Conclusions of Law by DAVID GRASINGER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Hassen, Brittani) |
Filing 62 Proposed Findings of Fact and Conclusions of Law by CATERPILLAR INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Affidavit) (Freeman, Timothy) |
Filing 61 ORDER denying #59 Motion to Strike The Affidavits of David Pope and Mark Licurse. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 3/21/2023. (lyk) |
Filing 60 RESPONSE IN OPPOSITION to #59 Motion to Strike,, filed by DAVID GRASINGER. (Attachments: #1 Proposed Order) (Hassen, Brittani) |
Filing 59 MOTION to Strike The Affidavits of David Pope and Mark Licurse filed as an attachment at #52 Sur-Reply, by CATERPILLAR INC.. (Attachments: #1 Memorandum, #2 Affidavit, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order) (Freeman, Timothy) Modified text on 3/3/2023 to add document linkage. (ctb) |
Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 24, 2023 before Judge Nora Barry Fischer. Court Reporter Amanda M. Williamson, E-mail: awilliamson2232@gmail.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 2/28/2023. Redaction Request due 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (amw) |
Filing 57 ORDER: the Court having held a hearing in this matter at which time the evidentiary record was closed, (Docket No. #41 ), a transcript of the proceedings shall be filed by 2/24/2023, the cost of preparation to be borne equally by the parties. Defendant's Proposed Findings of Fact due by 4/14/2023; Plaintiff's Proposed Findings of Fact due by 4/28/2023. Signed by Judge Nora Barry Fischer on 1/24/2023. (lyk) |
Filing 56 ORDER Response/Briefing Schedule: Upon consideration of Defendant Caterpillar Inc.'s Oral Motion to Strike the Affidavits of David Pope and Mark Licurse [52-1], Defendant shall submit a Brief on the matter by March 3, 2023. Plaintiff shall file a Reply Brief by March 10, 2023. Signed by Judge Nora Barry Fischer on 1/24/2023. (lyk) |
Filing 55 Minute Entry for proceedings held before Judge Nora Barry Fischer: Daubert Motion Hearing held on 1/24/2023 re #45 Motion to Exclude the Proffered Expert Testimony of David Pope and Mark Licurse filed by CATERPILLAR INC. Orders to follow as well as transcript order, with costs borne equally by the parties. (Court Reporter: Amanda Williamson) (Attachments: #1 Exhibit List, #2 Exhibit 2A) (lyk) |
Filing 54 Exhibit List & Witness List for Daubert Hearing on 1.24.23 by CATERPILLAR INC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Freeman, Timothy) |
Filing 53 EXHIBITS in Support of #47 Response in Opposition, by DAVID GRASINGER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 7, #9 Exhibit 2) (Hassen, Brittani) |
Filing 52 Sur-Reply Brief re #51 Brief in Support of Motion, filed by DAVID GRASINGER. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Hassen, Brittani) |
Filing 51 BRIEF in Support re #45 Motion to Exclude the Proffered Expert Testimony of David Pope and Mark Licurse, filed by CATERPILLAR INC. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B) (Freeman, Timothy) |
Filing 50 NOTICE of Appearance by Timothy Robert Ross Freeman on behalf of CATERPILLAR INC.. (Freeman, Timothy) |
Filing 49 CURRICULUM VITAE of Mark Licurse filed by DAVID GRASINGER. (Hassen, Brittani) |
Filing 48 CURRICULUM VITAE of David Pope filed by DAVID GRASINGER. (Hassen, Brittani) |
Filing 47 RESPONSE IN OPPOSITION to #45 Motion to Exclude Testimony of David Pope and Mark Licurse, filed by DAVID GRASINGER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order) (Hassen, Brittani) Modified on 1/5/2023 to edit miscellaneous relief (ctb). |
Filing 46 BRIEF in Support re #45 Motion to Exclude the Proffered Expert Testimony of David Pope and Mark Licurse, filed by CATERPILLAR INC. (Shepard, Mark) |
Filing 45 MOTION to Exclude the Proffered Expert Testimony of David Pope and Mark Licurse by CATERPILLAR INC.. (Attachments: #1 Declaration Certification of Timothy R. Freeman, #2 Proposed Order) (Shepard, Mark) |
Filing 44 ORDER granting #43 Motion to Withdraw as Attorney filed by Defendant. Attorney Heather Russell Fine terminated as counsel for Defendant. Signed by Judge Nora Barry Fischer on 10/31/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) |
Filing 43 MOTION to Withdraw as Attorney Heather Russell Fine by CATERPILLAR INC.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Fine, Heather) |
Filing 42 NOTICE of Voluntary Dismissal of Attorney Heather Russell Fine for Defendant by CATERPILLAR INC. (Fine, Heather) |
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #42 Notice of Voluntary Dismissal. ERROR: Withdrawal of Appearance was filed as a Notice. CORRECTION: Per Local Rule 83.2 C.4, a Withdrawal of Appearance must be filed as a motion. Attorney is to retitle the document as a Motion to Withdraw Appearance and refile it using Withdraw as Attorney under Motions, with the motion as the main document and a proposed order as an attachment. (ctb) |
Filing 41 ORDER Setting Hearing on Daubert Motions. Hearing set for 1/24/2023 09:30 AM in Courtroom 5B before Judge Nora Barry Fischer. Briefs due by 11/23/2022; Responses due by 12/23/2022; Replies due by 1/6/2023; Sur-Replies due by 1/13/2023 (Details more fully stated in said order). Signed by Judge Nora Barry Fischer on 10/24/2022. (gmk) |
Filing 40 ORDER granting #39 Motion for Thomas Robertson, Esq. to Appear Pro Hac Vice as counsel for Defendant CATERPILLAR, INC. Signed by Judge Nora Barry Fischer on 10/24/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) |
Filing 39 MOTION for attorney Thomas D. Robertson to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7357881) by CATERPILLAR INC.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Certificate of Service) (Robertson, Thomas) |
Filing 38 ORDER granting #37 Motion for Extension of Time to Complete Discovery. Deposition to be completed by October 24, 2022; Telephonic Post-Discovery Status Conference previously set for September 28, 2022 is RESCHEDULED for November 1, 2022 at 3:00 p.m. Signed by Judge Nora Barry Fischer on 9/21/2022. (lyk) |
Filing 37 Joint MOTION for Extension of Time to Complete Discovery by CATERPILLAR INC.. (Attachments: #1 Proposed Order) (Fine, Heather) |
Set/Reset Hearings: Telephonic Post-Discovery Status Conference set for 11/1/2022 at 3:00 PM. (lyk) |
Filing 36 ORDER granting #35 Joint MOTION for Discovery Extension filed by CATERPILLAR INC. the deadlines are: Fact Discovery due by 6/24/2022; Plaintiffs Expert Disclosures due by 7/22/2022; Defendant Expert Disclosures due by 8/22/2022; Expert Depositions to be completed by 9/26/2022; Telephonic Post-Discovery Status Conference presently set for 8/2/2022 is re-set for 9/28/2022 at 3:30 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 4/15/2022. (bdk) |
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #35 Motion for Discovery. ERROR: Proposed Order AND Exhibit were made part of main document. CORRECTION: Attorney advised that in the future, proposed orders and Exhibits are to be made attachments to the main document. This message is for informational purposes only. (lar) |
Filing 35 Joint MOTION for Discovery Extension by CATERPILLAR INC.. (Fine, Heather) |
Filing 34 ORDER cancelling Telephonic Post-Discovery Status Conference scheduled for 2/23/2022 at 4:00 PM. Telephonic Post-Discovery Status Conference now set for 8/2/2022 at 03:00 PM before Judge Nora Barry Fischer. Other discovery deadlines and details more fully stated in order. Signed by Judge Nora Barry Fischer on 2/22/2022. (nt) |
Filing 33 REPORT of Mediation: Case has not been resolved. David B. White, Mediator The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed #here or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 2/17/2022. (White, David) |
Filing 32 Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 2/17/2022 08:30 AM (White, David) |
Filing 31 STATUS REPORT (Joint Discovery) by CATERPILLAR INC.. (Fine, Heather) |
Filing 30 ORAL ORDER Telephonic Post-Discovery Status Conference previously scheduled for 2/7/2022 has been RESCHEDULED for 2/23/2022 at 4:00 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 1/13/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nt) |
Filing 29 ORAL ORDER Telephonic Post-Discovery Status Conference previously scheduled for 2/8/2022 has been RESCHEDULED for 2/7/2022 at 3:30 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 1/5/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cw) |
Filing 28 STATUS REPORT DISCOVERY (JOINT) by CATERPILLAR INC.. (Fine, Heather) |
Filing 27 ORDER granting #26 Motion to Continue Mediation. Mediation scheduled for 12/8/21 is hereby continued to 2/17/22 so as to allow additional discovery to be completed. Signed by Judge Nora Barry Fischer on 11/24/21. (cjo) |
Filing 26 Joint MOTION to Continue Mediation by DAVID GRASINGER. (Attachments: #1 Proposed Order) (Hassen, Brittani) |
Filing 25 Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 12/8/2021 09:30 AM (White, David) |
Filing 24 STATUS REPORT by DAVID GRASINGER. (Hassen, Brittani) |
Filing 23 ORDER granting #22 Motion to Withdraw as Attorney. Attorney Brian D. Lipkin terminated as counsel for Defendant. Signed by Judge Nora Barry Fischer on 9/10/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) |
Filing 22 MOTION to Withdraw as Attorney by CATERPILLAR INC.. (Attachments: #1 Proposed Order) (Lipkin, Brian) |
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #16 Notice of Withdrawal of Appearance. ERROR: Needs be filed as a Motion. CORRECTION: Please refile as a Motion with a proposed Order as an attachment. (lar) |
Filing 21 STIPULATED PROTECTIVE ORDER granting #19 Joint MOTION for Protective Order filed by CATERPILLAR INC. Signed by Judge Nora Barry Fischer on 9/8/2021. (bdk) |
Filing 20 BRIEF in Support re #19 Motion for Protective Order filed by CATERPILLAR INC.. (Fine, Heather) |
Filing 19 Joint MOTION for Protective Order by CATERPILLAR INC.. (Attachments: #1 Proposed Order) (Fine, Heather) |
Filing 18 Notice of Mediation by CATERPILLAR INC.. Mediation Date 12/8/2021 @ 9:30 a.m. (Fine, Heather) |
Filing 17 NOTICE of Appearance by Andrew C DeGory on behalf of CATERPILLAR INC.. (DeGory, Andrew) |
Filing 16 NOTICE of Withdrawal of Appearance by CATERPILLAR INC. (Lipkin, Brian) |
Filing 15 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Initial Case Management Conference held on 8/26/2021. The Court held a telephone case management conference during which the parties advised the Court regarding the status of the case, their proposed discovery plan, and alternative dispute resolution options. As to discovery, the Court ordered that fact discovery will close by February 1, 2022. The parties requested no significant deviations from the Courts standard Case Management Order. The parties advised that initial disclosures will be exchanged by August 31, 2021. With respect to ADR, the Court referred the matter to Mediation with David White, Esq. to be completed by March 31, 2022. The parties have reported that the ADR session is scheduled for December 8, 2021. Heather Russell Fine, Esq. was appointed lead counsel and shall file a notice with the Court advising of any changes to the date, time and location of the ADR session as well as the principals from each party who will be in attendance at the ADR session. (aju) |
Filing 14 ORDER REFERRING CASE to Mediation. David White, Esq. is appointed as mediator. The ADR conference(s) shall be concluded on or before 3/31/22 unless extended by order of the Court. The parties have reported that the ADR session is scheduled for 12/8/2021. Heather Russell Fine, Esq. is designated as lead counsel and shall be responsible for filing a notice indicating the date, time and location of the ADR session as well as the principals from each party, and insurance representatives, with full settlement authority, who will be in attendance at the ADR session, with the Court by 9/9/21. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 08/26/2021. (aju) |
Filing 13 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 8/31/2021; Amended Pleadings due by 10/15/2021; Joinder of Parties due by 10/15/2021; Status Report due by 9/15/2021, 12/15/2021, and 1/14/2022; Fact Discovery shall complete by 2/1/2022; Telephonic Post-Fact Discovery Status Conference set for 2/8/2022 at 4:00 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 08/26/2021. (aju) |
Filing 12 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Certificate of Service) (Fine, Heather) |
Filing 11 STIPULATION selecting ADR process by CATERPILLAR INC.. (Attachments: #1 Certificate of Service) (Fine, Heather) |
Filing 10 Errata re #9 MEMORANDUM ORDER SETTING PRELIMINARY CONFERENCE OF COUNSEL: Telephonic Initial Case Management set for 8/26/2021 at 4:00 P.M. before Judge Nora Barry Fischer. ADR Stipulation and Rule 26(f) form due by 8/19/2021. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 08/10/2021. (Attachments: #1 Stipulation Selecting ADR, #2 Rule 26(f) form) (aju) |
Filing 9 MEMORANDUM ORDER SETTING PRELIMINARY CONFERENCE OF COUNSEL: Telephonic Initial Case Management set for 8/26/2021 at 4:00 P.M. before Judge Nora Barry Fischer. ADR Stipulation and Rule 26(f) form due by 8/19/2021. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 08/10/2021. (Attachments: #1 Stipulation Selecting ADR, #2 Rule 26(f) form) (aju) Modified text on 8/11/2021 to remove from public view. Memorandum Order was refiled as an Errata at #10 . (lar) |
Filing 8 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 8/9/2021. (Court Reporter: none) (aju) |
Filing 7 ORDER: Telephonic Status Conference set for 8/9/2021 at 4:00 PM before Judge Nora Barry Fischer. The Court's law clerk will circulate dial-in instructions. Signed by Judge Nora Barry Fischer on 08/05/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (aju) |
Filing 6 NOTICE of Appearance by Heather Russell Fine on behalf of CATERPILLAR INC.. (Attachments: #1 Certificate of Service) (Fine, Heather) |
Filing 5 ORDER RE: Rule 12(b) Motions (Details more fully stated in said order). Signed by Judge Nora Barry Fischer on 7/22/21. (cjo) |
Filing 4 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (cjo) |
Filing 3 NOTICE of Appearance by Mark D. Shepard on behalf of CATERPILLAR INC.. (Shepard, Mark) |
Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by CATERPILLAR INC. (lar) |
Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD-18-010421 Copies attached: Complaint, Answer to Complaint, Verification of Service, Notice of Intent to Defend, Praecipe of Writ of Summons, Praecipe for Rule to File Complaint (Filing fee, including Administrative fee, $402, receipt number APAWDC-6619165), filed by CATERPILLAR INC. (Attachments: #1 Exhibit A, Praecipe for Writ of Summons, #2 Exhibit B, Verification of Service, #3 Exhibit C, Notice of Intent to Proceed, #4 Exhibit D, Praecipe for Rule to File Complaint, #5 Exhibit E, Complaint for Allegheny County, #6 Exhibit F, Answer to Complaint, #7 Civil Cover Sheet) (lar) |
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