Universal Truck & Equipment Company, Inc. et al v. Caterpillar, Inc. et al
Plaintiff: New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc., Nicholas E. Cambio and Vincent A. Cambio
Defendant: Eugene V. Fife, John T. Dillon, David R. Goode, Caterpillar Financial Service Corporation, Peter A. Magowan, Daniel M. Dickinson, Charles D. Powell, Jim Duensing, Southworth-Milton, Inc., John R. Brazil, Kent Adams, W. Frank Blouni, Peter Dagastino, Gail D. Fosler, Juan Gallardo, William A. Osborn, Susan C. Schwab, Caterpillar, Inc., Edward B. Bust, Jr., James W. Owens, Joshua I. Smith and Webster Bank, N.A.
Case Number: 1:2010cv00466
Filed: November 16, 2010
Court: US District Court for the District of Rhode Island
Office: Providence Office
County: Providence
Presiding Judge: William E Smith
Referring Judge: Patricia A Sullivan
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 23, 2019 Filing 277 ANSWER to Writ of Garnishment by Webster Bank, N.A.. Objections to Writ Answer due by 6/12/2019. (Kresge, Lisa)
May 23, 2019 Filing 276 NOTICE of Appearance by Lisa M. Kresge on behalf of Webster Bank, N.A. (Kresge, Lisa)
May 21, 2019 Filing 275 NOTICE by Southworth-Milton, Inc. re 274 Writ of Attachment Returned Notice of Attachment (Ratcliffe, J.)
October 22, 2018 Filing 271 NOTICE by Nicholas E. Cambio, Vincent A. Cambio Withdrawal of Appearance of Counsel (Moran, Mary Theresa)
January 17, 2018 Opinion or Order Filing 270 PROTECTIVE ORDER. So Ordered by Magistrate Judge Patricia A. Sullivan on 1/17/2018. (Saucier, Martha)
January 17, 2018 Opinion or Order TEXT ORDER granting #269 Motion for Protective Order. So Ordered by Magistrate Judge Patricia A. Sullivan on 1/17/2018. (Saucier, Martha)
January 3, 2018 Filing 269 Joint MOTION for Protective Order filed by Southworth-Milton, Inc. and filed by Nicholas E. Cambio, Vincent A. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc.. Responses due by 1/17/2018. (Attachments: #1 Proposed Order)(Moran, Mary Theresa)
December 4, 2017 Filing 268 NOTICE of Appearance by Mary Theresa Moran on behalf of All Plaintiffs (Moran, Mary Theresa)
September 14, 2017 Opinion or Order Filing 267 ORDER granting #262 Motion for Release of Funds/to Charge Garnishee Washington Trust Company. So Ordered by Chief Judge William E. Smith on 9/14/2017. (Jackson, Ryan)
August 10, 2017 Filing 262 MOTION for Release of Funds Motion to Charge Garnishee filed by Southworth-Milton, Inc.. Responses due by 8/24/2017. (Ratcliffe, J.)
August 7, 2017 Filing 266 AFFIDAVIT re #242 Writ of Attachment Returned. (Urizandi, Nisshy)
August 7, 2017 Filing 265 AFFIDAVIT re #254 Writ of Attachment Returned. (Urizandi, Nisshy)
August 7, 2017 Filing 264 AFFIDAVIT re #246 Writ of Attachment Returned. (Urizandi, Nisshy)
August 7, 2017 Filing 263 AFFIDAVIT re #250 Writ of Attachment Returned. (Urizandi, Nisshy)
August 7, 2017 Filing 261 AFFIDAVIT re #245 Writ of Attachment Returned. (Urizandi, Nisshy)
August 7, 2017 Filing 260 AFFIDAVIT re #241 Writ of Attachment Returned. (Urizandi, Nisshy)
August 7, 2017 Filing 259 AFFIDAVIT re #249 Writ of Attachment Returned. (Urizandi, Nisshy)
August 7, 2017 Filing 258 AFFIDAVIT re #253 Writ of Attachment Returned. (Urizandi, Nisshy)
August 7, 2017 Filing 257 AFFIDAVIT re #252 Writ of Attachment Returned, #240 Writ of Execution Returned, #248 Writ of Attachment Returned, #244 Writ of Attachment Returned. (Urizandi, Nisshy)
August 3, 2017 Minute Entry for proceedings held before Chief Judge William E. Smith: Writ Hearing held on 8/3/2017. Richard G. Riendeau for the Plaintiff. J. Richard Ratcliffe and Shanna Boughton (in for A.Neil Hartzell) for Defendants'. Court addresses. Counsel address Writs of Attachment. Exemptions are not being stated or argued for any of the accounts. Recess. (Court Reporter Denise Veitch in Courtroom 2 at 3:20.) (Jackson, Kerrie)
August 2, 2017 Filing 256 AFFIDAVIT (4), as to Writ of Attachments. (Jackson, Kerrie)
August 2, 2017 Filing 255 WRIT of Attachment Returned Executed as to Washington Trust. (Jackson, Kerrie)
August 2, 2017 Filing 254 WRIT of Attachment Returned Executed as to Santander Bank. (Jackson, Kerrie)
August 2, 2017 Filing 253 WRIT of Attachment Returned Executed as to Bank of America. (Jackson, Kerrie)
August 2, 2017 Filing 252 WRIT of Attachment Returned Executed as to Citizens Bank. (Jackson, Kerrie)
August 2, 2017 Filing 251 WRIT of Attachment Returned Executed as to Washington Trust. (Jackson, Kerrie)
August 2, 2017 Filing 250 WRIT of Attachment Returned Executed as to Santander Bank. (Jackson, Kerrie)
August 2, 2017 Filing 249 WRIT of Attachment Returned Executed as to Bank of America. (Jackson, Kerrie)
August 2, 2017 Filing 248 WRIT of Attachment Returned Executed as to Citizens Bank. (Jackson, Kerrie)
August 2, 2017 Filing 247 WRIT of Attachment Returned Executed as to Washington Trust. (Jackson, Kerrie)
August 2, 2017 Filing 246 WRIT of Attachment Returned Executed as to Santander Bank. (Jackson, Kerrie)
August 2, 2017 Filing 245 WRIT of Attachment Returned Executed as to Bank of America. (Jackson, Kerrie)
August 2, 2017 Filing 244 WRIT of Attachment Returned Executed as to Citizens Bank. (Jackson, Kerrie)
August 2, 2017 Filing 243 WRIT of Attachment Returned Executed as to Washington Trust. (Jackson, Kerrie)
August 2, 2017 Filing 242 WRIT of Attachment Returned Executed as to Santander Bank. (Jackson, Kerrie)
August 2, 2017 Filing 241 WRIT of Attachment Returned Executed as to Bank of America. (Jackson, Kerrie)
August 2, 2017 Filing 240 WRIT of Attachment Returned Executed as to Citizens Bank. (Jackson, Kerrie)
August 2, 2017 NOTICE of Hearing: Hearing re: Writs of Attachment scheduled for Thursday 8/3/2017 at 3:00 PM in Courtroom 2 before Chief Judge William E. Smith. (Jackson, Ryan)
December 5, 2016 Opinion or Order Filing 237 MEMORANDUM AND ORDER granting #234 Motion for Attorney Fees. So Ordered by Magistrate Judge Patricia A. Sullivan on 12/5/16. (Saucier, Martha)
November 1, 2016 Filing 236 REPLY to Response to Motion re #235 Response in Opposition to Motion filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Attachments: #1 Affidavit Supplemental Affidavit of A. Neil Hartzell, #2 Exhibit Schedule A)(Hartzell, A.)
October 28, 2016 Filing 235 RESPONSE in Opposition re #234 MOTION for Attorney Fees for Their Motion to Compel filed by All Plaintiffs. Replies due by 11/7/2016. (Riendeau, Richard)
October 26, 2016 Opinion or Order TEXT ORDER granting in part and denying in part #232 Motion for Extension of Time. Based on the length of time the discovery in question has been pending, motion to extend #232 granted in part and denied in part. Plaintiff shall provide complete responses by November 4, 2016. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/26/2016. (Saucier, Martha)
October 14, 2016 Filing 234 MOTION for Attorney Fees for Their Motion to Compel filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 10/31/2016 (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Exhibit Schedule A)(Hartzell, A.)
October 14, 2016 Filing 233 RESPONSE in Opposition re #232 First MOTION for an Extension of Time Extend time to respond to discovery filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Replies due by 10/24/2016. (Hartzell, A.)
October 14, 2016 Filing 232 First MOTION for an Extension of Time Extend time to respond to discovery filed by All Plaintiffs. Responses due by 10/31/2016 (Riendeau, Richard)
October 5, 2016 Opinion or Order TEXT ORDER granting based on the absence of an objection #231 Motion to Compel. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/5/2016. (Saucier, Martha)
September 12, 2016 Filing 231 MOTION to Compel Responses to Second Set of Interrogatories and Second Supplemental Request for Production of Documents WITH SUPPORTING MEMO filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 9/29/2016 (Attachments: #1 Affidavit Affidavit of A. Neil Hartzell, #2 Exhibit Discovery Requests, #3 Exhibit Emails Sent, #4 Exhibit Email Received)(Hartzell, A.)
July 20, 2016 Filing 230 MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with #229 Judgment of the U.S. Court of Appeals for the First Circuit, (Smith, Rana)
June 28, 2016 Filing 229 JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to #195 Notice of Appeal, filed by Vincent A. Cambio, Nicholas E. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed. (Urizandi, Nisshy)
June 28, 2016 Filing 228 OPINION of the U.S. Court of Appeals for the First Circuit entered as to #195 Notice of Appeal, filed by Vincent A. Cambio, Nicholas E. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. (Urizandi, Nisshy)
April 15, 2016 Filing 227 Writs of Execution Issued as to Universal Truck & Equipment Company, Inc.; Nicholas E. Cambio; Vincent A. Cambio; New London Mining, Manufacturing & Processing LLC; and, Nicholas Cambio, as Trustee of The Nicholas E. Cambio, Roney A. Malafronte, and Vincent A. Cambio Trust. (Jackson, Ryan)
April 15, 2016 Opinion or Order TEXT ORDER granting #225 Motion for Writ, Renew Request for Writs to Issue: In the Courts #223 Order on Caterpillar Inc. and Caterpillar Financial Services Corporations (collectively Caterpillar) Writes of Execution, the Court held that the writs would issue unless Plaintiff posted a superseadas bond pursuant to Fed. R. Civ. P. 62(d) within ten days of the Order. Plaintiff failed to do so and Caterpillar has renewed its motion to issue the writs. For the reasons set forth in the Courts prior #223 Order, Caterpillars Motion is granted and the writs shall issue. So Ordered by Chief Judge William E. Smith on 4/15/2016. (Jackson, Ryan)
December 14, 2015 Filing 226 RESPONSE to Motion re #225 MOTION for Writ Renewed filed by Nicholas E. Cambio, Vincent A. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc.. Replies due by 12/24/2015. (Riendeau, Richard)
November 25, 2015 Filing 225 MOTION for Writ Renewed Requests for Writs to Issue Against Plaintiffs filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 12/14/2015 (Hartzell, A.)
October 30, 2015 Filing 224 RESPONSE in Opposition re #218 MOTION to Compel Responses to Post-Judgment Request for Documents Propounded to Vincent A. Cambio, #220 MOTION to Compel Responses to Post-Judgment Request for Documents Propounded to Nicholas E. Cambio, #219 MOTION to Compel Responses to Post-Judgment Interrogatories Propounded to Nicholas E. Cambio, #217 MOTION to Compel Responses to Post-Judgment Interrogatories Propounded to Vincent A. Cambio filed by Nicholas E. Cambio, Vincent A. Cambio. Replies due by 11/9/2015. (Riendeau, Richard)
October 30, 2015 Opinion or Order Filing 223 ORDER re: Plaintiffs' #213 MOTION to Stay Applications for Writ and #212 MOTION to Stay Applications for Writ. So Ordered by Chief Judge William E. Smith on 10/30/2015. (Jackson, Ryan)
October 23, 2015 Filing 222 RESPONSE to Motion re #221 MOTION for an Extension of Time to File Response/Reply as to #218 MOTION to Compel Responses to Post-Judgment Request for Documents Propounded to Vincent A. Cambio, #220 MOTION to Compel Responses to Post-Judgment Request for Documents Objection to Motion filed by Southworth-Milton, Inc.. Replies due by 11/2/2015. (Ratcliffe, J.)
October 23, 2015 Filing 221 MOTION for an Extension of Time to File Response/Reply as to #218 MOTION to Compel Responses to Post-Judgment Request for Documents Propounded to Vincent A. Cambio, #220 MOTION to Compel Responses to Post-Judgment Request for Documents Propounded to Nicholas E. Cambio, #219 MOTION to Compel Responses to Post-Judgment Interrogatories Propounded to Nicholas E. Cambio, #217 MOTION to Compel Responses to Post-Judgment Interrogatories Propounded to Vincent A. Cambio filed by Nicholas E. Cambio, Vincent A. Cambio. Responses due by 11/9/2015 (Riendeau, Richard)
October 9, 2015 Filing 220 MOTION to Compel Responses to Post-Judgment Request for Documents Propounded to Nicholas E. Cambio filed by Southworth-Milton, Inc.. Responses due by 10/26/2015 (Ratcliffe, J.)
October 9, 2015 Filing 219 MOTION to Compel Responses to Post-Judgment Interrogatories Propounded to Nicholas E. Cambio With Supporting Memo filed by Southworth-Milton, Inc.. Responses due by 10/26/2015 (Attachments: #1 Supporting Memorandum)(Ratcliffe, J.)
October 9, 2015 Filing 218 MOTION to Compel Responses to Post-Judgment Request for Documents Propounded to Vincent A. Cambio filed by Southworth-Milton, Inc.. Responses due by 10/26/2015 (Ratcliffe, J.)
October 9, 2015 Filing 217 MOTION to Compel Responses to Post-Judgment Interrogatories Propounded to Vincent A. Cambio With Supporting Memo filed by Southworth-Milton, Inc.. Responses due by 10/26/2015 (Attachments: #1 Supporting Memorandum)(Ratcliffe, J.)
August 24, 2015 Opinion or Order Filing 216 ORDER granting #198 Motion for Order of Sale. So Ordered by Chief Judge William E. Smith on 8/21/2015. (Jackson, Ryan)
August 21, 2015 Filing 215 RESPONSE in Opposition re #213 MOTION to Stay re #203 Application for Writ, #202 Application for Writ, #206 Application for Writ, #204 Application for Writ, #205 Application for Writ by Caterpillar Financial Services, #212 MOTION to Stay re #210 Application for Writ, #208 Application for Writ, #211 Application for Writ, #209 Application for Writ, #207 Application for Writ by Caterpillar, Inc. filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Replies due by 8/31/2015. (Hartzell, A.) (Main Document 215 replaced on 8/21/2015) (Jackson, Ryan).
August 21, 2015 CORRECTIVE DOCKET ENTRY Regarding: #215 Response in Opposition to Motion: Main document replaced for typographical error (Jackson, Ryan)
August 18, 2015 Filing 214 TRANSCRIPT of Motions filed for date of April 21, 2015, before Chief Judge William E. Smith, re #195 Notice of Appeal; COA Number: 15-1609. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/18/2015. Release of Transcript Restriction set for 11/16/2015. (Clayton, Anne)
August 5, 2015 Filing 213 MOTION to Stay re #203 Application for Writ, #202 Application for Writ, #206 Application for Writ, #204 Application for Writ, #205 Application for Writ by Caterpillar Financial Services filed by Nicholas E. Cambio, Vincent A. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc.. Responses due by 8/24/2015 (Riendeau, Richard)
August 5, 2015 Filing 212 MOTION to Stay re #210 Application for Writ, #208 Application for Writ, #211 Application for Writ, #209 Application for Writ, #207 Application for Writ by Caterpillar, Inc. filed by Nicholas E. Cambio, Vincent A. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc.. Responses due by 8/24/2015 (Riendeau, Richard)
August 4, 2015 Filing 211 APPLICATION for Writ of of Execution against the Trust by Caterpillar, Inc.. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 210 APPLICATION for Writ of of Execution against Vincent Cambio by Caterpillar, Inc.. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 209 APPLICATION for Writ of of Execution against Nicholas Cambio by Caterpillar, Inc.. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 208 APPLICATION for Writ of of Execution against New London Mining by Caterpillar, Inc.. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 207 APPLICATION for Writ of of Execution against Universal Truck by Caterpillar, Inc.. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 206 APPLICATION for Writ of of Execution against the Trust by Caterpillar Financial Service Corporation. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 205 APPLICATION for Writ of of Execution against Vincent Cambio by Caterpillar Financial Service Corporation. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 204 APPLICATION for Writ of of Execution against Nicholas Cambio by Caterpillar Financial Service Corporation. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 203 APPLICATION for Writ of of Execution against New London Mining by Caterpillar Financial Service Corporation. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
August 4, 2015 Filing 202 APPLICATION for Writ of of Execution against Universal Truck by Caterpillar Financial Service Corporation. (Attachments: #1 Affidavit of A. Neil Hartzell, #2 Proposed Writ of Execution)(Hartzell, A.)
July 28, 2015 Filing 201 TRANSCRIPT REQUEST by Nicholas E. Cambio, Vincent A. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. for proceedings held on April 21, 2015 before Judge Smith, re #195 Notice of Appeal,, (Riendeau, Richard)
July 1, 2015 Filing 200 REPLY to Response to Motion re #199 Response in Opposition to Motion to Sell filed by Southworth-Milton, Inc.. (Ratcliffe, J.)
June 25, 2015 Filing 199 RESPONSE in Opposition re #198 MOTION for Order of Sale filed by All Plaintiffs. Replies due by 7/2/2015. (Riendeau, Richard)
June 10, 2015 Filing 198 MOTION for Order of Sale With Supporting Memo filed by Southworth-Milton, Inc.. Responses due by 6/29/2015 (Attachments: #1 Supporting Memorandum)(Ratcliffe, J.)
May 26, 2015 USCA Case Number 15-1609 for #195 Notice of Appeal,, filed by Vincent A. Cambio, Nicholas E. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. (Urizandi, Nisshy)
May 22, 2015 Filing 197 Process Return and Receipt Executed by United States Marshal as to #193 Writ of Execution Issued, #192 Writ of Execution Issued, #194 Writ of Execution Issued, #190 Writ of Execution Issued, #191 Writ of Execution Issued (Urizandi, Nisshy)
May 19, 2015 Filing 196 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #195 Notice of Appeal. (Urizandi, Nisshy)
May 14, 2015 Filing 195 NOTICE OF APPEAL by Nicholas E. Cambio, Vincent A. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. as to #189 Judgment, ( filing fee paid $ 505.00, receipt number 0103-846075 ) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/21/2015. (Riendeau, Richard)
April 22, 2015 Filing 194 Writ of Execution Issued as to The Nicholas E. Cambio, Roney A. Malafronte, and Vincent A. Cambio Trust. (Jackson, Ryan)
April 22, 2015 Filing 193 Writ of Execution Issued as to Vincent A. Cambio. (Jackson, Ryan)
April 22, 2015 Filing 192 Writ of Execution Issued as to Nicholas E. Cambio. (Jackson, Ryan)
April 22, 2015 Filing 191 Writ of Execution Issued as to New London Mining, Manufacturing & Processing, LLC. (Jackson, Ryan)
April 22, 2015 Filing 190 Writ of Execution Issued as to Universal Truck & Equipment Co., Inc. (Jackson, Ryan)
April 22, 2015 Filing 189 JUDGMENT in favor of Caterpillar Financial Service Corporation, Caterpillar, Inc. against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc., Nicholas E. Cambio, Vincent A. Cambio and Nicholas E. Cambio, as Trustee of the Nicholas E. Cambio, Rodney A. Malafronte and Vincent A. Cambio Trust. So Ordered by Deputy Clerk: Ryan H. Jackson on 4/22/15. (Jackson, Ryan)
April 22, 2015 Opinion or Order Filing 188 ORDER granting #153 Motion for Attorney Fees and for Entry of Final Judgment in Caterpillar's and Cat Financial's favor. So Ordered by Chief Judge William E. Smith on 4/22/15. (Jackson, Ryan)
April 22, 2015 Opinion or Order Filing 187 ORDER denying #180 Plaintiffs' Motion for a Stay and granting #177 , #178 , and #179 Defendant Southworth-Milton's Applications for Writs of Execution. So Ordered by Chief Judge William E. Smith on 4/22/15. (Jackson, Ryan)
April 21, 2015 Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 4/21/2015 re #180 MOTION to Stay Enforcement of Judgment and Issuance of Writs filed by Vincent A. Cambio, Nicholas E. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc., #153 MOTION for Attorney Fees and Costs and Damages Assessment and filed by Caterpillar, Inc., Caterpillar Financial Service Corporation; counsel present: R. Riendeau; A. Hartzell; R. Ratcliffe; Defendant Southworth-Milton (Ratcliffe) argues for issuance of Writs of Execution and against the Plaintiff's Motion to Stay; Defendant Caterpillar, Inc. (Hartzell) argues its motion for attorneys fees and for final judgment; Plaintiff (Riendeau) argues against the issuance of the Writs of Execution and against entry of final judgment and award of attorneys fees; Court questions Plaintiff; Defendant (Hartzell) gives brief reply argument; Court will issue a written Order GRANTING Defendant Caterpillar's Motion for Attorneys Fees and for Entry of Final Judgment in the amounts submitted and presented to the Court, GRANTING Issuance of Defendant Southworth-Milton's Writs of Execution, and DENYING Plaintiffs' Motion to Stay; Recess (Court Reporter Anne Clayton in Courtroom 2 at 10:00 AM.) (Jackson, Ryan)
March 24, 2015 Filing 186 REPLY to Response to Motion re #184 Response in Opposition to Motion Response to Plaintiffs' Reply to Second Affidavit of Tom Fox filed by Caterpillar Financial Service Corporation. (Hartzell, A.)
March 19, 2015 Opinion or Order TEXT ORDER granting #185 Motion for Extension of Time to Reply up to and including 3/20/15. So Ordered by Chief Judge William E. Smith on 3/19/15. (Jackson, Ryan)
March 19, 2015 NOTICE of Hearing on #153 MOTION for Attorney Fees and #180 MOTION to Stay Enforcement of Judgment and Issuance of Writs : Motion Hearing scheduled for 4/21/2015 at 10:00 AM in Courtroom 2 before Chief Judge William E. Smith. (Jackson, Ryan)
March 18, 2015 Filing 185 Third MOTION for an Extension of Time Extension filed with Reply concurrently filed by All Plaintiffs. Responses due by 4/6/2015 (Riendeau, Richard)
March 18, 2015 Filing 184 RESPONSE in Opposition re #153 MOTION for Attorney Fees and Costs and Damages Assessment and Second Affidavit of Tom Fox filed by All Plaintiffs. (Riendeau, Richard)
February 23, 2015 Opinion or Order TEXT ORDER granting #183 Motion for Extension of Time to File Response/Reply re: #167 Affidavit, #153 MOTION for Attorney Fees; Responses due by 2/27/2015. So Ordered by Chief Judge William E. Smith on 2/23/15. (Jackson, Ryan)
February 13, 2015 Filing 183 Second MOTION for an Extension of Time to File Response/Reply as to #167 Affidavit filed by All Plaintiffs. Responses due by 3/2/2015 (Riendeau, Richard)
January 30, 2015 Opinion or Order TEXT ORDER granting #182 Motion for Extension of Time to File Reply re: Second Affidavit in Support of #153 MOTION for Attorney Fees and Costs and Damages Assessment and; Replies due by 2/13/2015.. So Ordered by Chief Judge William E. Smith on 1/30/15. (Jackson, Ryan)
January 26, 2015 Filing 182 First MOTION for an Extension of Time to File Response/Reply as to #167 Affidavit Second of Tom Fox filed by All Plaintiffs. Responses due by 2/12/2015 (Riendeau, Richard)
January 13, 2015 Opinion or Order TEXT ORDER granting #168 Motion for Leave to File; finding as moot #170 Motion for Extension of Time to File Response/Reply: Caterpillar Financial Services Corporation and Caterpillar, Inc.s Motion to File a Second Affidavit of Tom Fox (ECF No. 168) is GRANTED. The Court has read and considered Plaintiffs Objection to that motion. (ECF No. 173.) The Court will permit Plaintiffs to respond to this second affidavit. Such response is due within 14 days of this order. Thereafter, the Court will schedule a hearing to consider Defendants Motion for Fees, Costs and Final Judgment, Defendants Applications for Writs of Execution and Plaintiffs Motion to Stay Enforcement and Writ of Execution. So Ordered by Chief Judge William E. Smith on 1/13/15. (Jackson, Ryan)
November 26, 2014 Filing 181 RESPONSE in Opposition re #180 MOTION to Stay Enforcement of Judgment and Issuance of Writs with supporting memorandum filed by Southworth-Milton, Inc.. (Attachments: #1 Supporting Memorandum)(Biolchini, Jeffrey)
November 14, 2014 Filing 180 MOTION to Stay Enforcement of Judgment and Issuance of Writs filed by All Plaintiffs. Responses due by 12/1/2014 (Riendeau, Richard)
November 5, 2014 Filing 179 APPLICATION for Writ of of Execution against Nicholas Cambio, Vincent Cambio, and the Trust by Southworth-Milton, Inc.. (Attachments: #1 Affidavit in support of issuance of writs, #2 Exhibit proposed writ against N. Cambio, #3 Exhibit proposed writ against V. Cambio, #4 Exhibit proposed writ against Trust)(Biolchini, Jeffrey)
November 5, 2014 Filing 178 APPLICATION for Writ of of Execution against New London Mining, Manuf. by Southworth-Milton, Inc.. (Attachments: #1 Affidavit in support of issuance of writ, #2 Exhibit proposed writ of execution)(Biolchini, Jeffrey)
November 5, 2014 Filing 177 APPLICATION for Writ of of Execution against Universal Truck & Equip. by Southworth-Milton, Inc.. (Attachments: #1 Affidavit in support of issuance of writ, #2 Exhibit proposed writ of execution)(Biolchini, Jeffrey)
October 20, 2014 Opinion or Order Filing 176 MEMORANDUM AND ORDER denying #157 Motion to Remand to State Court; denying as moot #161 MOTION to Amend/Correct Notice of Removal filed by Caterpillar Financial Service Corporation, Caterpillar, Inc. So Ordered by Chief Judge William E. Smith on 10/20/2014. (Urizandi, Nisshy) Modified on 10/21/2014: Edited docket text title and added ruling on ECF #161 (Jackson, Ryan).
October 17, 2014 Filing 175 REPLY to Response to Motion re #173 Response in Opposition to Motion Plaintiffs' Objection to Cat Financial's Motion filed by Caterpillar Financial Service Corporation. (Hartzell, A.)
October 8, 2014 Filing 174 REPLY to Response to Motion re #171 Response in Opposition to Motion Plaintiffs' Objection to Motion to Amend filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Hartzell, A.)
October 8, 2014 Filing 173 RESPONSE in Opposition re #168 MOTION for Leave to File Second Affidavit of Tom Fox filed by All Plaintiffs. (Riendeau, Richard)
October 1, 2014 Filing 172 MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with #165 Judgment of the U.S. Court of Appeals for the First Circuit, #146 Notice of Appeal, filed by Universal Truck & Equipment Company, Inc. (Urizandi, Nisshy)
October 1, 2014 Filing 171 RESPONSE in Opposition re #161 MOTION to Amend/Correct Notice of Removal filed by All Plaintiffs. (Riendeau, Richard)
September 19, 2014 Filing 170 MOTION for an Extension of Time to File Response/Reply To Motion to File Second Affidavit filed by All Plaintiffs. Responses due by 10/6/2014 (Riendeau, Richard)
September 12, 2014 Opinion or Order TEXT ORDER granting #169 Motion for Extension of Time to File Response to #161 MOTION to Amend Notice of Removal; Responses due by 10/1/2014. So Ordered by Chief Judge William E. Smith on 9/12/14. (Jackson, Ryan)
September 10, 2014 Filing 169 MOTION for an Extension of Time to File Response/Reply to Motion to Amend Notice of Removal filed by All Plaintiffs. Responses due by 9/29/2014 (Riendeau, Richard)
September 5, 2014 Filing 168 MOTION for Leave to File Second Affidavit of Tom Fox filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 9/22/2014 (Hartzell, A.)
September 5, 2014 Filing 167 AFFIDAVIT Second Affidavit of Tom Fox by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hartzell, A.)
September 5, 2014 Filing 166 REPLY to Response to Motion re #158 Response in Opposition to Motion For Fees and Costs filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Hartzell, A.)
September 4, 2014 Filing 165 JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to #146 Notice of Appeal, filed by Universal Truck & Equipment Company, Inc. The judgment of the district court is affirmed. Costs to appellees. (Urizandi, Nisshy)
September 4, 2014 Filing 164 OPINION of the U.S. Court of Appeals for the First Circuit entered as to #146 Notice of Appeal, filed by Universal Truck & Equipment Company, Inc. (Urizandi, Nisshy)
August 29, 2014 Filing 163 REPLY to Response to Motion re #160 Response in Opposition to Motion, filed by All Plaintiffs. (Attachments: #1 Supporting Memorandum)(Riendeau, Richard)
August 28, 2014 Opinion or Order TEXT ORDER granting #159 Motion for Extension of Time; Defendant's shall have up to and including 9/5/2014 to file their reply brief. So Ordered by Chief Judge William E. Smith on 8/28/2014. (Urizandi, Nisshy)
August 25, 2014 Filing 162 MEMORANDUM IN SUPPORT by Caterpillar Financial Service Corporation, Caterpillar, Inc. in support of #161 MOTION to Amend/Correct Notice of Removal . (Hartzell, A.)
August 25, 2014 Filing 161 MOTION to Amend/Correct Notice of Removal filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 9/11/2014 (Attachments: #1 Supplement)(Hartzell, A.)
August 25, 2014 Filing 160 RESPONSE in Opposition re #157 MOTION to Remand to State Court Opposition With Supporting Memo filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Attachments: #1 Supporting Memorandum, #2 Affidavit)(Hartzell, A.)
August 20, 2014 Filing 159 MOTION for an Extension of Time filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 9/8/2014 (Hartzell, A.)
August 14, 2014 Filing 158 RESPONSE in Opposition re #153 MOTION for Attorney Fees and Costs and Damages Assessment and filed by All Plaintiffs. (Attachments: #1 Supporting Memorandum)(Riendeau, Richard)
August 7, 2014 Filing 157 MOTION to Remand to State Court filed by All Plaintiffs. Responses due by 8/25/2014 (Attachments: #1 Supporting Memorandum)(Riendeau, Richard)
August 6, 2014 Opinion or Order TEXT ORDER granting #155 Motion for Extension of Time to Respond to #153 MOTION for Attorney Fees and Costs and Damages Assessment and Memorandum in Support of Motion for Fees and Costs and Damages Assessment and Motion for Entry of Final Judgment filed by Caterpillar Financial Service Corporation, Caterpillar, Inc. up to and including 8/15/14. So Ordered by Chief Judge William E. Smith on 8/6/14. (Jackson, Ryan)
August 4, 2014 Filing 156 RESPONSE in Opposition re #155 Second MOTION for an Extension of Time Extension of Time to File Response to Motion for Entry of Final Judgment, Fees, Costs and Assessmen tof Damages filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Hartzell, A.)
August 1, 2014 Filing 155 Second MOTION for an Extension of Time Extension of Time to File Response filed by All Plaintiffs. Responses due by 8/18/2014 (Riendeau, Richard)
July 15, 2014 Opinion or Order TEXT ORDER granting #154 Motion for Extension of Time to File Response re: #153 MOTION for Attorney Fees and Costs and Damages Assessment; Responses due by 8/1/2014. So Ordered by Chief Judge William E. Smith on 7/15/14. (Jackson, Ryan)
July 11, 2014 Filing 154 First MOTION for an Extension of Time to File Response/Reply To Motion For Fees and Assessment of Damages filed by All Plaintiffs. Responses due by 7/28/2014 (Riendeau, Richard)
June 25, 2014 Filing 153 MOTION for Attorney Fees and Costs and Damages Assessment and Memorandum in Support of Motion for Fees and Costs and Damages Assessment and Motion for Entry of Final Judgment filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 7/14/2014 (Attachments: #1 Supporting Memorandum, #2 Affidavit, #3 Affidavit, #4 Affidavit)(Hartzell, A.)
May 28, 2014 Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference held on 5/28/2014; counsel present: R. Riendeau; N. Hartzell (Jackson, Ryan)
May 8, 2014 Reset Hearings re: Notice of Status Conference RE-SCHEDULED for 5/28/2014 at 9:00 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)
April 16, 2014 NOTICE of Hearing: Status Conference scheduled for 5/19/2014 at 9:30 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)
November 13, 2013 Filing 152 TRANSCRIPT of Motion for Attorneys Fees filed for date of April 30, 2013, before Judge William E. Smith, re #146 Notice of Appeal; COA Number: 13-2070. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/4/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/11/2014. (Clayton, Anne)
November 13, 2013 Filing 151 TRANSCRIPT of Motion to Remand filed for date of February 3, 2011, before Judge William E. Smith, re #146 Notice of Appeal; COA Number: 13-2070. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/4/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/11/2014. (Clayton, Anne)
September 9, 2013 USCA Case Number 13-2070 for #146 Notice of Appeal,, filed by Universal Truck & Equipment Company, Inc. (Urizandi, Nisshy)
August 28, 2013 Filing 150 USCA Appeal Fees received $ 455 receipt number 14670011706 re #146 Notice of Appeal, filed by Universal Truck & Equipment Company, Inc. (Urizandi, Nisshy)
August 28, 2013 Filing 149 Certified and Transmitted Abbreviated Record on Appeal to US Court of Appeals re #146 Notice of Appeal. (Urizandi, Nisshy) (Main Document 149 replaced on 8/28/2013 - the origianl civil appeal coversheet contained a typo) (Urizandi, Nisshy).
August 28, 2013 Filing 148 CLERK'S CERTIFICATE RE: Record on Appeal re #146 Notice of Appeal. (Urizandi, Nisshy)
August 28, 2013 Filing 147 APPEAL COVER SHEET Re: #146 Notice of Appeal,, filed by Universal Truck & Equipment Company, Inc. (Urizandi, Nisshy) (Main Document 147 replaced on 8/28/2013 - original contained a typo as to the case number) (Urizandi, Nisshy).
August 27, 2013 Filing 146 NOTICE OF APPEAL by Universal Truck & Equipment Company, Inc.. NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/efiling.htm Appeal Record due by 9/26/2013. (Riendeau, Richard)
July 30, 2013 Filing 145 JUDGMENT in favor of Southworth-Milton, Inc. against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc., Nicholas E. Cambio, Vincent A. Cambio. So Ordered by Deputy Clerk: Ryan H. Jackson on 7/30/13. (Jackson, Ryan)
July 30, 2013 Filing 144 Costs Taxed in amount of $72,888.85 for Southworth-Milton, Inc. and against Universal Truck & Equipment Company, Inc., New London Mining, Manufacturing & Processing, LLC, Nicholas Cambio, Vincent Cambio re: #143 Bill of Costs (Jackson, Ryan)
July 8, 2013 Filing 143 BILL OF COSTS against all Plaintiffs by Southworth-Milton, Inc.. (Attachments: #1 Exhibit Itemization & Backup, #2 Supporting Memorandum)(Ratcliffe, J.)
July 3, 2013 Opinion or Order Filing 142 ORDER granting #118 Motion for Fees and Costs by Caterpillar, Inc. So Ordered by Judge William E. Smith on 7/3/2013. (Urizandi, Nisshy)
July 3, 2013 Opinion or Order Filing 141 ORDER granting #131 Motion for Final Judgment. For the reasons stated within order, judgment hereby enters for Defendant Southworth and against all Plaintiffs. So Ordered by Judge William E. Smith on 7/3/2013. (Urizandi, Nisshy)
June 21, 2013 Filing 140 REPLY to Response to Motion re #138 Response in Opposition to Motion, #137 Response in Opposition to Motion for Entry of Judgment filed by Southworth-Milton, Inc.. (Ratcliffe, J.)
June 18, 2013 Filing 139 REPLY to Response to Motion re #134 Response in Opposition to Motion for Waiver filed by Caterpillar, Inc.. (Hartzell, A.)
June 17, 2013 Filing 138 RESPONSE in Opposition re #131 MOTION for Final Judgment pursuant to R. 58(d) MEMORANDUM MEMORANDUM filed by All Plaintiffs. (Riendeau, Richard)
June 17, 2013 Filing 137 RESPONSE in Opposition re #131 MOTION for Final Judgment pursuant to R. 58(d) filed by All Plaintiffs. (Riendeau, Richard)
June 13, 2013 Opinion or Order TEXT ORDER granting #135 Motion for Extension of Time up to and including 6/19/13. So Ordered by Judge William E. Smith on 6/13/13. (Jackson, Ryan)
June 7, 2013 Filing 136 REPLY to Response to Motion re #134 Response in Opposition to Motion For Attorneys' Fees filed by Caterpillar, Inc.. (Hartzell, A.)
June 7, 2013 Filing 135 MOTION for an Extension of Time to respond to Plaintiff's Opposition to Defendant Caterpillar, Inc.'s Motion for Waiver (Docket No. 134) by Caterpillar, Inc.. Responses due by 6/24/2013 (Hartzell, A.)
May 31, 2013 Filing 134 RESPONSE in Opposition re #121 MOTION Motion for Waiver filed by All Plaintiffs. (Attachments: #1 Supporting Memorandum)(Riendeau, Richard)
May 31, 2013 Filing 133 RESPONSE in Opposition re #118 MOTION Motion for Fees and Costs MEMORANDUM filed by All Plaintiffs. (Riendeau, Richard)
May 31, 2013 Filing 132 RESPONSE in Opposition re #118 MOTION Motion for Fees and Costs filed by All Plaintiffs. (Riendeau, Richard)
May 30, 2013 Filing 131 MOTION for Final Judgment pursuant to R. 58(d) with supporting memorandum by Southworth-Milton, Inc.. Responses due by 6/17/2013 (Attachments: #1 Supporting Memorandum)(Ratcliffe, J.)
May 29, 2013 Opinion or Order TEXT ORDER granting #130 Motion for Extension of Time to File Response/Reply re #118 MOTION Motion for Fees and Costs ; Set/Reset Deadlines: Responses due by 5/31/2013. So Ordered by Judge William E. Smith on 5/29/2013. (Urizandi, Nisshy)
May 21, 2013 Filing 130 Second MOTION for an Extension of Time to File Response/Reply by All Plaintiffs. Responses due by 6/7/2013 (Riendeau, Richard)
May 9, 2013 Opinion or Order Filing 129 ORDER re: #106 MOTION for Attorney Fees filed by Southworth-Milton, Inc. So Ordered by Judge William E. Smith on 5/8/13. (Jackson, Ryan)
May 9, 2013 Opinion or Order Filing 128 ORDER re #110 Second MOTION to Adjudge in Contempt (Second Motion for Contempt for Plaintiffs' Failure to Comply with Court Orders) filed by Caterpillar, Inc. So Ordered by Judge William E. Smith on 5/8/13. (Jackson, Ryan)
May 9, 2013 Opinion or Order TEXT ORDER granting #126 Motion for Extension of Time to Respond to #118 Motion for Fees and Costs up to and including 5/21/13. So Ordered by Judge William E. Smith on 5/9/13. (Jackson, Ryan)
May 8, 2013 Filing 127 DECLARATION Joint Statement by Nicholas E. Cambio, Vincent A. Cambio, Caterpillar, Inc., New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc.. (Riendeau, Richard)
May 6, 2013 Filing 126 MOTION for an Extension of Time Extension by All Plaintiffs. Responses due by 5/23/2013 (Riendeau, Richard)
May 2, 2013 Filing 125 AFFIDAVIT For Fees and Costs In Connection with Second Motion for Contempt by Caterpillar, Inc.. (Hartzell, A.)
April 30, 2013 Minute Entry for proceedings held before Judge William E. Smith: Motion Hearing held on 4/30/2013 re #106 MOTION for Attorney Fees filed by Southworth-Milton, Inc., #107 MOTION Waiver of LR cv 54.1(b)(2) re #106 MOTION for Attorney Fees filed by Southworth-Milton, Inc., #110 Second MOTION to Adjudge in Contempt (Second Motion for Contempt for Plaintiffs' Failure to Comply with Court Orders) filed by Caterpillar, Inc. (Riendeau, Hartzell, Ratcliffe) Court addresses. Arguments heard. Court questions. Each each side responds. Court rules as follows: #107 Motion for Waiver of LR CV 54.1(b)(2) is moot for reasons stated in open court; #106 Motion for Attorney Fees filed by Southworth-Milton, Inc., is granted in the amount requested ($69,333.00) for reasons stated in open court; #110 Second Motion to Adjudge in Contempt is granted in part. Plaintiff shall pay the defendant, Caterpillar Inc., the remaining outstanding balance owed, plus attorney fees associated with today's motion and those previously awarded on 8/9/2012 and 12/14/2012 one week from today. Defense counsel for Catepillar, Inc. shall submit an affidavit of attorney fees associated with today's proceedings to plaintiff's counsel as soon as possible. If the plaintiff does not comply with today's order, a sanction of $100.00 a day shall apply and all plaintiffs shall submit complete financial statements to the court two weeks from today. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 2:05 p.m.) (Urizandi, Nisshy)
April 30, 2013 Opinion or Order TEXT ORDER granting #106 Motion for Attorney Fees; finding as moot #107 Motion for Waiver of LR cv 54.1(b)(2); granting in part #110 Motion to Adjudge in Contempt. Plaintiff shall pay the defendant, Caterpillar Inc., the remaining outstanding balance owed, plus attorney fees associated with today's motion and those previously awarded on 8/9/2012 and 12/14/2012 one week from today. If the plaintiff does not comply with today's order, a sanction of $100.00 a day shall apply and all plaintiffs shall submit complete financial statements to the court two weeks from today. So Ordered by Judge William E. Smith on 4/30/2013. (Urizandi, Nisshy)
April 23, 2013 Filing 124 REPLY to Response to Motion re #116 Response in Opposition to Motion for Attorneys' Fees filed by Peter Dagastino, Southworth-Milton, Inc.. (Ratcliffe, J.)
April 22, 2013 Filing 123 REPLY to Response to Motion re #117 Response in Opposition to Motion for Waiver filed by Peter Dagastino, Southworth-Milton, Inc.. (Attachments: #1 Affidavit of Brooks R. Magratten)(Ratcliffe, J.)
April 19, 2013 CORRECTIVE DOCKET ENTRY re: #120 MOTION for fees and costs Affidavit of A. Neil Hartzell, #119 MOTION Memorandum in Support of its Motion for Fees and Costs , #122 MOTION Memorandum in Support of Motion for Waiver; CORRECTION: Documents were filed as motions; "motions" have been terminated and the memorandums and affidavit entries have had their entries corrected (Jackson, Ryan)
April 18, 2013 Filing 122 Memorandum in Support of #121 MOTION for Waiver by Caterpillar, Inc.. Responses due by 5/6/2013 (Hartzell, A.) Modified on 4/19/2013: document edited: not a motion, motion terminated (Jackson, Ryan).
April 18, 2013 Filing 121 MOTION Motion for Waiver by Caterpillar, Inc.. Responses due by 5/6/2013 (Hartzell, A.)
April 18, 2013 Filing 120 Affidavit of A. Neil Hartzell in support of #118 MOTION for fees and costs by Caterpillar, Inc.. Responses due by 5/6/2013 (Hartzell, A.) Modified on 4/19/2013: document edited: not a motion, motion terminated (Jackson, Ryan).
April 18, 2013 Filing 119 Memorandum in Support of its Motion for Fees and Costs by Caterpillar, Inc. Responses due by 5/6/2013 (Hartzell, A.) Modified on 4/19/2013: document edited: not a motion, motion terminated (Jackson, Ryan).
April 18, 2013 Filing 118 MOTION Motion for Fees and Costs by Caterpillar, Inc.. Responses due by 5/6/2013 (Hartzell, A.)
April 15, 2013 Filing 117 RESPONSE in Opposition re #107 MOTION Waiver of LR cv 54.1(b)(2) re #106 MOTION for Attorney Fees filed by All Plaintiffs. (Attachments: #1 Supporting Memorandum)(Riendeau, Richard)
April 15, 2013 Filing 116 RESPONSE in Opposition re #106 MOTION for Attorney Fees filed by All Plaintiffs. (Attachments: #1 Memorandum)(Riendeau, Richard)
April 10, 2013 Reset Hearings re: #106 MOTION for Attorney Fees filed by Southworth-Milton, Inc., #107 MOTION Waiver of LR cv 54.1(b)(2) filed by Southworth-Milton, Inc., #110 Second MOTION to Adjudge in Contempt (Second Motion for Contempt for Plaintiffs' Failure to Comply with Court Orders) filed by Caterpillar, Inc.; Motion Hearing RE-SCHEDULED for 4/30/2013 at 2:00 PM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
April 9, 2013 Filing 115 Addendum Motion to Reschedule the Hearing on Its Second Motion for Contempt by Caterpillar, Inc.. (Hartzell, A.)
April 4, 2013 Filing 114 RESPONSE to Motion re #110 Second MOTION to Adjudge in Contempt (Second Motion for Contempt for Plaintiffs' Failure to Comply with Court Orders) filed by Caterpillar, Inc.. (Attachments: #1 Affidavit Affidavit of A. Neil Hartzell)(Hartzell, A.)
April 4, 2013 Opinion or Order TEXT ORDER granting #112 Motion for Extension of Time to File Responsere #106 MOTION for Attorney Fees; Responses due by 4/15/2013. So Ordered by Judge William E. Smith on 4/4/13. (Jackson, Ryan)
April 4, 2013 NOTICE of Hearing on #106 MOTION for Attorney Fees, #110 Second MOTION to Adjudge in Contempt (Second Motion for Contempt for Plaintiffs' Failure to Comply with Court Orders), and #107 MOTION Waiver of LR cv 54.1(b)(2): Motion Hearing scheduled for 4/23/2013 at 10:00 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
March 29, 2013 Filing 113 RESPONSE in Opposition re #110 Second MOTION to Adjudge in Contempt (Second Motion for Contempt for Plaintiffs' Failure to Comply with Court Orders) filed by All Plaintiffs. (Attachments: #1 Supporting Memorandum)(Riendeau, Richard)
March 29, 2013 Filing 112 Second MOTION for an Extension of Time to File Response/Reply by All Plaintiffs. Responses due by 4/15/2013 (Riendeau, Richard)
March 21, 2013 Opinion or Order TEXT ORDER granting #111 Motion for Extension of Time to File Response/Reply re #110 Second MOTION to Adjudge in Contempt (Second Motion for Contempt for Plaintiffs' Failure to Comply with Court Orders); Responses due by 3/29/2013. So Ordered by Judge William E. Smith on 3/21/13. (Jackson, Ryan)
March 15, 2013 Filing 111 MOTION for an Extension of Time to File Response/Reply by All Plaintiffs. Responses due by 4/1/2013 (Riendeau, Richard)
February 26, 2013 Filing 110 Second MOTION to Adjudge in Contempt (Second Motion for Contempt for Plaintiffs' Failure to Comply with Court Orders) by Caterpillar, Inc.. Responses due by 3/15/2013 (Hartzell, A.)
February 7, 2013 Filing 109 TRANSCRIPT of Motion for Default held on February 21, 2012, before Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion.. Redaction Request due 2/28/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/8/2013. (Clayton, Anne)
February 7, 2013 Opinion or Order TEXT ORDER granting #108 Motion for Extension of Time to File Response/Reply re #106 MOTION for Attorney Fees . Responses due by 3/1/2013. So Ordered by Magistrate Judge Patricia A. Sullivan on 2/7/2013. (Noel, Jeannine)
February 1, 2013 Filing 108 First MOTION for an Extension of Time to File Response/Reply by All Plaintiffs. Responses due by 2/19/2013 (Riendeau, Richard)
January 15, 2013 Filing 107 MOTION Waiver of LR cv 54.1(b)(2) re #106 MOTION for Attorney Fees WITH SUPPORTING MEMORANDUM by Southworth-Milton, Inc.. Responses due by 2/1/2013 (Attachments: #1 Supporting Memorandum)(Ratcliffe, J.)
January 15, 2013 Filing 106 MOTION for Attorney Fees WITH SUPPORTING MEMORANDUM AND AFFIDAVIT by Southworth-Milton, Inc.. Responses due by 2/1/2013 (Attachments: #1 Supporting Memorandum, #2 Affidavit)(Ratcliffe, J.)
December 21, 2012 Filing 105 AFFIDAVIT re #104 Order,, of A Neil Hartzell for Fees and Costs Incurred in Connection with CAT, Inc.'s Motion for Contempt and Further Sanctions for Plaintiff's Failure to Comply with Court Orders by Caterpillar, Inc.. (Hartzell, A.)
December 14, 2012 Opinion or Order Filing 104 ORDER: Plaintiffs are ordered to pay $5,656.05 (the unpaid balance of the amount owed under the July 13 Order) to Caterpillar within thirty (30) business days of the date of this Order. Caterpillar is also awarded its costs and fees (to be shown by 3 affidavit of counsel) for having to file the Motion for Contempt. Counsel for Caterpillar shall file an affidavit itemizing those costs and fees within fourteen (14) days. Should Plaintiffs fail to comply with this Order, a hearing will be scheduled on Caterpillars Motion for Contempt.. So Ordered by Judge William E. Smith on 12/14/2012. (Urizandi, Nisshy)
December 5, 2012 Filing 103 TRANSCRIPT of Motion for Summary Judgment held on July 19, 2012, before Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion.. Redaction Request due 12/26/2012. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/5/2013. (Clayton, Anne)
November 13, 2012 Filing 102 TRANSCRIPT REQUEST for proceedings held on 02/21/2012 before Judge Smith.. (Hartzell, A.)
November 5, 2012 Opinion or Order Filing 101 ORDER granting Defendants' #74 Motion for Summary Judgment dismissing Plaintiffs' claims and in favor of Defendants' counterclaims. So Ordered by Judge William E. Smith on 11/5/12. (Jackson, Ryan)
November 2, 2012 Filing 100 TRANSCRIPT REQUEST for proceedings held on 7/19/2012 before Judge William E. Smith.. (Biolchini, Jeffrey)
October 3, 2012 Case Reassigned to Magistrate Judge Patricia A. Sullivan. Magistrate Judge David L. Martin no longer assigned to the case. (Farrell Pletcher, Paula)
October 1, 2012 Filing 99 RESPONSE in Opposition re #98 RESPONSE in Opposition re #96 MOTION to Adjudge in Contempt Caterpillar Inc.'s Motion for Contempt and Further Sanctions For Plaintiff's Failure to Comply With Court Orders filed by Caterpillar, Inc. (Hartzell, A.) Modified on 10/2/2012: corrected link to pending motion (Jackson, Ryan).
September 24, 2012 Motion Forwarded to Chambers #96 MOTION to Adjudge in Contempt Caterpillar Inc.'s Motion for Contempt and Further Sanctions For Plaintiff's' Failure to Comply With Court Orders MOTION for Sanctions FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
September 21, 2012 Filing 98 RESPONSE in Opposition re #96 MOTION to Adjudge in Contempt Caterpillar Inc.'s Motion for Contempt and Further Sanctions For Plaintiff's' Failure to Comply With Court Orders MOTION for Sanctions Objection and Cross-Motion filed by Nicholas E. Cambio, Vincent A. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc.. (Attachments: #1 Memo in Support)(Riendeau, Richard)
September 12, 2012 Opinion or Order TEXT ORDER granting #97 Motion for Extension of Time to File Response/Reply re: #96 MOTION to Adjudge in Contempt Caterpillar Inc.'s Motion for Contempt and Further Sanctions For Plaintiff's' Failure to Comply With Court Orders MOTION for Sanctions; Responses due by 9/21/2012. So Ordered by Judge William E. Smith on 9/12/12. (Jackson, Ryan)
September 11, 2012 Motion Forwarded to Chambers #97 MOTION for an Extension of Time to File Response/Reply FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
September 10, 2012 Filing 97 MOTION for an Extension of Time to File Response/Reply by All Plaintiffs. Responses due by 9/27/2012 (Riendeau, Richard)
August 24, 2012 Filing 96 MOTION to Adjudge in Contempt Caterpillar Inc.'s Motion for Contempt and Further Sanctions For Plaintiff's' Failure to Comply With Court Orders, MOTION for Sanctions by Caterpillar, Inc.. Responses due by 9/10/2012 (Hartzell, A.)
August 9, 2012 Opinion or Order Filing 95 ORDER REQUIRING PLAINTIFFS TO PAY ATTORNEY'S FEES ATTRIBUTABLE TO MOTION TO COMPEL PAYMENT. So Ordered by Magistrate Judge David L. Martin on 8/9/12. (Saucier, Martha)
July 25, 2012 Filing 94 AFFIDAVIT re #92 Order on Motion to Compel Remaining Amounts Amounts Owed Under March 21, 2012 Court Order by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Hartzell, A.)
July 19, 2012 Minute Entry for proceedings held before Judge William E. Smith: Richard G. Riendeau for the Plaintiff. A. Neal Hartzell and J. Richard Ratcliffe for the Defendant. Motion Hearing held on 7/19/2012. Court addresses. Counsel Id themselves. Counsel argue. Summary Judgment Motions re #73 MOTION for Summary Judgment filed by Southworth-Milton, Inc. is Granted on all counts; re #74 MOTION for Summary Judgment filed by Caterpillar, Inc., and Caterpillar Financial Service is taken under advisement. (Court Reporter Anne Clayton in Courtroom 2 at 2:06 AM.) (Jackson, Kerrie)
July 19, 2012 Opinion or Order TEXT ORDER granting #73 Motion for Summary Judgment. So Ordered by Judge William E. Smith on 7/19/2012. (Jackson, Kerrie)
July 17, 2012 Opinion or Order Filing 93 ORDER denying #38 Second Motion for Preliminary Injunction; adopting in part #80 Report and Recommendations. So Ordered by Judge William E. Smith on 7/17/12. (Jackson, Ryan)
July 13, 2012 Opinion or Order Filing 92 ORDER granting #90 Motion to Compel Payment. So Ordered by Magistrate Judge David L. Martin on 7/13/12. (Saucier, Martha)
July 12, 2012 MOTIONS REFERRED: #90 MOTION to Compel Remaining Amounts Owed by Plaintiffs Under March 21, 2012 Court Order referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan)
June 25, 2012 Minute Entry for proceedings held before Judge William E. Smith: Objection to Report & Recommendation Hearing held on 6/25/2012 re #80 . (Riendeau, Hartzell) Arguments heard on deft's objections to the R&R. Court questions both sides. Each side responds. Court takes matter under advisement and will issue a written ruling. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 10:05 a.m.) (Urizandi, Nisshy)
June 22, 2012 Filing 91 AMENDED DOCUMENT by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (CORRECTED Certificate of Service). (Hartzell, A.)
June 21, 2012 Filing 90 MOTION to Compel Remaining Amounts Owed by Plaintiffs Under March 21, 2012 Court Order by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 7/9/2012 (Attachments: #1 Affidavit of A. Neil Hartzell in Support of Caterpillar, Inc.'s Motion to Compel Remaining Amount Owed by Plaintiffs Under March 21, 2012 Court Order)(Hartzell, A.)
June 8, 2012 Filing 89 REPLY MEMORANDUM To Plaintiffs' Opposition to Caterpillar and Cat Financial's Motion for Summary Judgment. (Hartzell, A.)
June 4, 2012 Motion Forwarded to Chambers #74 MOTION for Summary Judgment filed by Caterpillar Financial Services Corp. and Caterpillar, Inc. FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
June 1, 2012 Filing 88 RESPONSE in Opposition re #74 MOTION for Summary Judgment of Caterpillar et al filed by All Plaintiffs. (Attachments: #1 Supporting Memorandum)(Riendeau, Richard)
May 29, 2012 Opinion or Order TEXT ORDER granting #86 Motion for Extension of Time to File Response/Reply re: #74 MOTION for Summary Judgment ; Replies due by 6/1/2012. So Ordered by Judge William E. Smith on 5/29/12. (Jackson, Ryan)
May 25, 2012 NOTICE of Hearing on Objection to #80 REPORT AND RECOMMENDATIONS re; #38 Second MOTION for Preliminary Injunction filed by Caterpillar Financial Service Corporation : Motion Hearing scheduled for 6/25/2012 at 10:00 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
May 25, 2012 NOTICE of Hearing on #73 MOTION for Summary Judgment, #74 MOTION for Summary Judgment: Motion Hearing scheduled for 7/19/2012 at 2:00 PM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
May 23, 2012 Filing 87 RESPONSE to Motion re #86 Second MOTION for an Extension of Time to File Response/Reply as to #74 MOTION for Summary Judgment Objection to Plaintiffs' Request for Further Extension of Time filed by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Hartzell, A.)
May 23, 2012 Motion Forwarded to Chambers #86 Second MOTION for an Extension of Time to File Response/Reply as to #74 MOTION for Summary Judgment FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
May 18, 2012 Filing 86 Second MOTION for an Extension of Time to File Response/Reply as to #74 MOTION for Summary Judgment by All Plaintiffs. Responses due by 6/4/2012 (Riendeau, Richard)
May 16, 2012 Motion Forwarded to Chambers #80 REPORT AND RECOMMENDATIONS re #38 Second MOTION for Preliminary Injunction filed by Caterpillar Financial Service Corporation FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
May 14, 2012 Filing 85 REPLY to Response to Motion re #82 Response in Opposition to Motion for Summary Judgment filed by Southworth-Milton, Inc.. (Ratcliffe, J.)
May 11, 2012 Filing 84 MEMORANDUM IN SUPPORT by Caterpillar Financial Service Corporation in support of #83 Objection to Report and Recommendations . (Hartzell, A.)
May 11, 2012 Filing 83 OBJECTION to #80 Report and Recommendations filed by Caterpillar Financial Service Corporation. (Hartzell, A.)
May 11, 2012 Motion Forwarded to Chambers #73 MOTION for Summary Judgment FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
May 8, 2012 Filing 82 RESPONSE in Opposition re #73 MOTION for Summary Judgment filed by All Plaintiffs. (Riendeau, Richard)
May 8, 2012 Opinion or Order ORDER granting #81 Motion for Extension of Time to File Response re: #73 MOTION for Summary Judgment ; Responses due by 5/8/2012. So Ordered by Judge William E. Smith on 5/8/12. (Jackson, Ryan)
May 7, 2012 Motion Forwarded to Chambers #81 Second MOTION for an Extension of Time to File Response/Reply FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
May 2, 2012 Filing 81 Second MOTION for an Extension of Time to File Response/Reply by All Plaintiffs. Responses due by 5/21/2012 (Riendeau, Richard)
April 27, 2012 Opinion or Order Filing 80 REPORT AND RECOMMENDATIONS re #38 Second MOTION for Preliminary Injunction filed by Caterpillar Financial Service Corporation. Recommending that CAT Financial's motion be denied. Objections to R&R due by 5/14/2012. So Ordered by Magistrate Judge David L. Martin on 4/27/12. (Saucier, Martha)
April 26, 2012 Opinion or Order TEXT ORDER granting #76 Motion to Amend/Correct Memorandum in Support of Motion for Summary Judgment by Caterpillar Inc., Caterpillar Financial Services. So Ordered by Judge William E. Smith on 4/26/12. (Jackson, Ryan)
April 25, 2012 Opinion or Order TEXT ORDER granting #79 Motion for Extension of Time to File Response re: #74 MOTION for Summary Judgment; Responses due by 5/19/2012. So Ordered by Judge William E. Smith on 4/25/12. (Jackson, Ryan)
April 24, 2012 Motion Forwarded to Chambers #79 Assented MOTION for an Extension of Time to File Response/Reply as to #74 MOTION for Summary Judgment FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
April 23, 2012 Opinion or Order TEXT ORDER granting #77 Motion for Leave to File Corrected Statement of Facts. So Ordered by Judge William E. Smith on 4/23/12. (Jackson, Ryan)
April 19, 2012 Filing 79 Assented MOTION for an Extension of Time to File Response/Reply as to #74 MOTION for Summary Judgment by All Plaintiffs. Responses due by 5/7/2012 (Riendeau, Richard)
April 19, 2012 Motion Forwarded to Chambers #76 MOTION to Amend/Correct #75 Memorandum in Support FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
April 19, 2012 Motion Forwarded to Chambers #77 MOTION to Amend/Correct #75 Memorandum in Support, #74 MOTION for Summary Judgment FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
April 18, 2012 Opinion or Order TEXT ORDER granting #78 Motion for Extension of Time to File Response/Reply re #73 MOTION for Summary Judgment filed by Southworth-Milton, Inc.; Responses due by 5/1/2012. So Ordered by Judge William E. Smith on 4/18/12. (Jackson, Ryan)
April 17, 2012 Motion Forwarded to Chambers #78 Assented MOTION for an Extension of Time to File Response/Reply as to #73 MOTION for Summary Judgment FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
April 16, 2012 Filing 78 Assented MOTION for an Extension of Time to File Response/Reply as to #73 MOTION for Summary Judgment by All Plaintiffs. Responses due by 5/3/2012 (Riendeau, Richard)
April 11, 2012 Filing 77 MOTION to Amend/Correct #74 MOTION for Summary Judgment by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 4/30/2012 (Attachments: #1 Exhibit Corrected Statement of Undisputed Facts, #2 Exhibit Corrected Appendix to Motion for Summary Judgment)(Hartzell, A.) Modified on 4/12/2012 - original entry erroneously linked document # 75 (Urizandi, Nisshy).
April 9, 2012 Filing 76 MOTION to Amend/Correct #75 Memorandum in Support by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 4/26/2012 (Attachments: #1 Exhibit Corrected Memorandum in Support of Motion for Summary Judgment)(Hartzell, A.)
April 2, 2012 Filing 75 MEMORANDUM IN SUPPORT by Caterpillar Financial Service Corporation, Caterpillar, Inc. in support of #74 MOTION for Summary Judgment . (Attachments: #1 Statement of Undisputed Facts, #2 Appendix)(Hartzell, A.)
April 2, 2012 Filing 74 MOTION for Summary Judgment by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 4/19/2012 (Hartzell, A.)
March 30, 2012 Filing 73 MOTION for Summary Judgment with Supporting Memo by Southworth-Milton, Inc.. Responses due by 4/16/2012 (Attachments: #1 Supporting Memorandum, #2 Statement of Undisputed Facts, #3 Record Appendix 1, #4 Record Appendix 2)(Ratcliffe, J.)
March 30, 2012 Opinion or Order Filing 72 ORDER FOR PAYMENT ATTORNEY'S FEES. So Ordered by Magistrate Judge David L. Martin on 3/30/2012. (Noel, Jeannine)
March 21, 2012 Opinion or Order Filing 71 ORDER re: Attorney's Fees and Costs. So Ordered by Judge William E. Smith on 3/21/12. (Jackson, Ryan)
February 29, 2012 Filing 70 NOTICE by Caterpillar, Inc. (Attachments: #1 Affidavit Affidavit of A. Neil Hartzell for Fees and Costs Incurred w/Caterpillar's Motion to Compel)(Hartzell, A.)
February 28, 2012 Filing 69 Addendum re #65 Notice (Other) of Costs & Attorney's Fees by Southworth-Milton, Inc.. (Attachments: #1 Exhibit Invoice)(Ratcliffe, J.)
February 21, 2012 Reset Deadlines: Discovery due by 3/5/2012; Dispositive Motions due by 4/2/2012; Pretrial Memorandum due 30 days after decision on any pending motions, or if no motions are pending, by 4/2/2012. (Jackson, Ryan) Modified on 2/21/2012: corrected discovery deadline date (Jackson, Ryan).
February 21, 2012 Minute Entry for proceedings held before Judge William E. Smith: Motion Hearing held on 2/21/2012 re: #21 MOTION for Entry of Default and for Attorneys' Fees and Costs filed by Caterpillar, Inc., #60 REPORT AND RECOMMENDATIONS: Counsel present: R. Riendeau, N. Hartzell; Court addresses; Plaintiff argues its Objection to the Report & Recommendation; Court questions Plaintiff; Defendant argues for acceptance of the Report & Recommendation of Magistrate Judge Martin; Court addresses and accepts the Report & Recommendation's findings as to what occurred in the matter, but modifies the findings as to its conclusion; Plaintiff is ordered to pay all of the defendants costs and attorneys fees for the time period that covers this discovery dispute; Defendant's counsel is ordered to prepare an affidavit of his time and expenses; further, the Plaintiff is given until 3/5/12 to turn over all relevant discovery to the Defendant; if this is not done, Defendant has leave of court to file another motion for sanctions and dismissal; the Discovery Deadline is extended to 3/2/12 and the Dispositive Motion Deadline is extended to 4/2/12; Recess (Court Reporter Anne Clayton in Courtroom 2 at 9:35 AM.) (Jackson, Ryan)
February 21, 2012 Opinion or Order TEXT ORDER granting in part and denying in part #21 Motion for Entry of Default; adopting in part #60 Report and Recommendations as follows: The Court hereby adopts the findings of the Report & Recommendation as to what occurred in this matter re: the discovery dispute that precipitated the filing of the Motion for Entry of Default; the Court, however, modifies the Report & Recommendations conclusion as follows: The plaintiff is ordered to pay all of defense counsels costs and attorneys fees for the work related to this discovery dispute from the date of counsels first notice to the plaintiff regarding the erroneous discovery response, and up to and including, the hearing held before the Court on 2/21/12; Defendants counsel is directed to file an affidavit with the Court of all of his fees and expenses for that time period. Further, the Court directs the Plaintiff to respond to the interrogatories at issue on or before 3/5/12; if this discovery is not turned over in a timely fashion, the Defendant has leave of court to file a new motion for sanctions and for dismissal of this matter. Finally, the discovery and motion filing deadlines in this matter have been extended until 3/5/12 and 4/2/12, respectively.So Ordered by Judge William E Smith on 2/21/12. (Jackson, Ryan)
February 8, 2012 NOTICE of Hearing on #21 MOTION for Entry of Default and for Attorneys' Fees and Costs, #60 REPORT AND RECOMMENDATIONS re: #21 MOTION for Entry of Default and for Attorneys' Fees and Costs filed by Caterpillar, Inc. : Motion Hearing scheduled for 2/21/2012 at 9:30 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
February 7, 2012 Opinion or Order TEXT ORDER granting #68 Motion for Leave to File. So Ordered by Judge William E. Smith on 2/7/12. (Jackson, Ryan)
February 2, 2012 Motion Forwarded to Chambers #68 MOTION for Leave to File Corrected Response FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
January 31, 2012 Opinion or Order TEXT ORDER granting #63 Motion to Compel Responses to Supplemental Requests for Production of Documents. So Ordered by Magistrate Judge David L. Martin on 1/31/12. (Saucier, Martha)
January 30, 2012 Filing 68 MOTION for Leave to File Corrected Response by Caterpillar, Inc.. Responses due by 2/16/2012 (Hartzell, A.)
January 30, 2012 MOTIONS REFERRED: #63 MOTION to Compel Responses to Supplemental Requests for Production of Documents referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan)
January 25, 2012 Filing 67 REPLY MEMORANDUM re #66 Objection to Report and Recommendations by Caterpillar, Inc.. (Hartzell, A.)
January 19, 2012 Motion Forwarded to Chambers #60 REPORT AND RECOMMENDATIONS re #21 MOTION for Entry of Default and for Attorneys' Fees and Costs filed by Caterpillar, Inc. FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
January 13, 2012 Opinion or Order TEXT ORDER granting #58 Motion for Leave to File Supplemental Affidavit.. So Ordered by Magistrate Judge David L. Martin on 1/13/12. (Saucier, Martha)
January 13, 2012 Minute Entry for proceedings held before Magistrate Judge David L. Martin: Telephonic Motion Hearing held on 1/13/2012 re #38 Second MOTION for Preliminary Injunction filed by Caterpillar Financial Service Corporation, #58 MOTION for Leave to File Supplemental Affidavit in Support of Caterpillar Financial Services Corporation's Second Motion for Preliminary Injunction filed by Caterpillar Financial Service Corporation. Richard Riendeau for plaintiffs; Neil Hartzell for defendants. Court grants #58 Motion for Leave to File Supplemental Affidavitt; Attorneys argue second motion for preliminary injunction; Court takes matter under advisement. (Courtroom B at 2:02.) (Saucier, Martha)
January 11, 2012 Filing 66 OBJECTION to #60 Report and Recommendations Plaintiffs' Objection to Magistrate Judge's Report and Recommendation with supporting memo filed by All Plaintiffs. (Riendeau, Richard)
January 9, 2012 Opinion or Order TEXT ORDER granting #57 Motion to Compel. So Ordered by Magistrate Judge David L. Martin on 1/9/11. (Saucier, Martha)
January 6, 2012 Filing 65 NOTICE by Southworth-Milton, Inc. re #61 Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion for Protective Order (Attachments: #1 Affidavit and supporting documentation)(Ratcliffe, J.)
January 5, 2012 Filing 64 MEMORANDUM IN SUPPORT by Caterpillar Financial Service Corporation, Caterpillar, Inc. in support of #63 MOTION to Compel Responses to Supplemental Requests for Production of Documents. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hartzell, A.)
January 5, 2012 Filing 63 MOTION to Compel Responses to Supplemental Requests for Production of Documents by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 1/23/2012 (Hartzell, A.)
January 4, 2012 Opinion or Order TEXT ORDER granting #56 Motion for Extension of Time ; Set/Reset Deadlines: ( Factual Discovery due by 2/27/2012., Dispositive Motions due by 3/19/2012., Pretrial Memorandum due 30 days after decision on any pending motions, or if no motions are pending by 3/19/2012.). So Ordered by Magistrate Judge David L. Martin on 1/4/12. (Saucier, Martha)
January 4, 2012 MOTIONS REFERRED: #57 MOTION to Compel Responses to Second Request for Production of Documents to Plaintiffs referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan)
January 3, 2012 Opinion or Order Filing 62 ORDER granting in part and denying in part #29 Motion for Sanctions and For Protective Order. So Ordered by Magistrate Judge David L. Martin on 1/3/12. (Saucier, Martha)
January 3, 2012 Opinion or Order Filing 61 MEMORANDUM AND ORDER granting #22 Motion to Compel; granting #22 Motion for Sanctions; granting #22 Motion for Protective Order. So Ordered by Magistrate Judge David L. Martin on 1/3/12. (Saucier, Martha)
December 30, 2011 Opinion or Order Filing 60 REPORT AND RECOMMENDATIONS - To the extent that the Motion for Default seeks entry of default and dismissal of Plaintiffs' claims against Caterpillar, recommending that it be granted. To the extent that the Motion seeks attorneys fees, recommending that the Motion be denied. #21 MOTION for Entry of Default and for Attorneys' Fees and Costs filed by Caterpillar, Inc. Objections to R&R due by 1/17/2012. So Ordered by Magistrate Judge David L. Martin on 12/30/2011. (Noel, Jeannine)
December 22, 2011 Opinion or Order Filing 59 NOTICE AND ORDER re Notice of Telephonic Hearing on Motion, #58 MOTION for Leave to File Supplemental Affidavit in Support of Caterpillar Financial Services Corporation's Second Motion for Preliminary Injunction. So Ordered by Magistrate Judge David L. Martin on 12/22/2011. (Smith, Rana)
December 22, 2011 Minute Entry for proceedings held before Magistrate Judge David L. Martin: Motion Hearing held on 12/22/2011 re #38 Second MOTION for Preliminary Injunction filed by Caterpillar Financial Service Corporation. Richard Riendeau for plaintiffs; Neil Hartzell for the defendants. Parties discuss with the Court continuing today's hearing; Court will go forward with today's hearing and schedule a telephonic hearing on remaining issues; Attorneys argue; Court schedules telephonic hearing for 1/13/12 at 2:00 pm; Court will thereafter take the motion under advisement. (Courtroom B at 10:01.) (Saucier, Martha)
December 22, 2011 NOTICE of Telephonic Hearing on Motion,/b> #58 MOTION for Leave to File Supplemental Affidavit in Support of Caterpillar Financial Services Corporation's Second Motion for Preliminary Injunction : Telephonic Motion Hearing set for 1/13/2012 02:00 PM in Courtroom B before Magistrate Judge David L. Martin. Court to initiate the call.(Saucier, Martha)
December 22, 2011 MOTIONS REFERRED: #58 MOTION for Leave to File Supplemental Affidavit in Support of Caterpillar Financial Services Corporation's Second Motion for Preliminary Injunction referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan)
December 21, 2011 Filing 58 MOTION for Leave to File Supplemental Affidavit in Support of Caterpillar Financial Services Corporation's Second Motion for Preliminary Injunction by Caterpillar Financial Service Corporation. Responses due by 1/9/2012 (Hartzell, A.)
December 20, 2011 MOTIONS REFERRED: #56 MOTION for an Extension of Time Extend all deadlines by 30 days referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan)
December 16, 2011 Filing 57 MOTION to Compel Responses to Second Request for Production of Documents to Plaintiffs by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 1/3/2012 (Hartzell, A.)
December 15, 2011 Filing 56 MOTION for an Extension of Time Extend all deadlines by 30 days by Southworth-Milton, Inc.. Responses due by 1/3/2012 (Ratcliffe, J.)
December 15, 2011 Opinion or Order Filing 55 ORDER adopting #36 Report and Recommendations; granting #9 Motion for Writ of Replevin and Preliminary Injunction. So Ordered by Judge William E. Smith on 12/14/11. (Jackson, Ryan)
December 14, 2011 Minute Entry for proceedings held before Judge William E Smith: Objection to Report & Recommendation Hearing held on 12/14/2011 re #36 . (Riendeau, Hartzell) Court addresses. Arguments heard on objections to report and recommendation. Court denies objections and fully accepts the magistrate judge's report and recommendation as is. Preliminary injunction order to be issued. Recess. (Court Reporter Debra Lajoie in Courtroom 2 at 10:30 a.m.) (Urizandi, Nisshy)
December 9, 2011 Opinion or Order TEXT ORDER granting #54 Motion for Extension of Time ; Reset Deadlines: Discovery due by 12/27/2011; Dispositive Motions due by 1/17/2012; Pretrial Memorandum due 30 days after decision on any pending motions, or if no motions are pending, by 1/17/2012. So Ordered by Judge William E. Smith on 12/9/11. (Jackson, Ryan)
December 6, 2011 AMENDED NOTICE of Hearing on Motion #38 Second MOTION for Preliminary Injunction : Motion Hearing set for 12/22/2011 10:00 PM in Courtroom B before Magistrate Judge David L. Martin. PLEASE NOTE THE CHANGE OF DATE. Moved per request of counsel(Saucier, Martha)
December 6, 2011 Motion Forwarded to Chambers #54 First MOTION for an Extension of Time Extend all deadlines by 30 days FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
December 2, 2011 NOTICE of Hearing on Motion #38 Second MOTION for Preliminary Injunction : Motion Hearing set for 12/19/2010 10:00 AM in Courtroom B before Magistrate Judge David L. Martin. (Saucier, Martha)
December 1, 2011 NOTICE of Hearing on Motion #36 REPORT AND RECOMMENDATIONS re: #9 MOTION for Writ of Replevin and Preliminary Injunction filed by Caterpillar Financial Service Corporation: Motion Hearing scheduled for 12/14/2011 at 10:30 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
December 1, 2011 MOTIONS REFERRED: #38 Second MOTION for Preliminary Injunction referred to Magistrate Judge David L. Martin for Report & Recommendation. (Jackson, Ryan)
November 16, 2011 Filing 54 First MOTION for an Extension of Time Extend all deadlines by 30 days by Southworth-Milton, Inc.. Responses due by 12/5/2011 (Ratcliffe, J.)
November 16, 2011 Filing 53 WITHDRAWAL of : #52 First MOTION for an Extension of Time to Complete Discovery by Southworth-Milton, Inc.. (Ratcliffe, J.)
November 16, 2011 Filing 52 First MOTION for an Extension of Time to Complete Discovery by Southworth-Milton, Inc.. Responses due by 12/5/2011 (Ratcliffe, J.)
November 14, 2011 Opinion or Order TEXT ORDER granting #48 Motion for Leave to File; granting #50 Motion for Leave to File. So Ordered by Judge William E. Smith on 11/14/11. (Jackson, Ryan)
November 8, 2011 Motion Forwarded to Chambers #50 MOTION for Leave to File Reply Brief, #48 First MOTION for Leave to File Corrected Response FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
November 4, 2011 Filing 51 REPLY to Response to Motion re #44 Response in Opposition to Motion to Second Motion for Preliminary Injunction filed by Caterpillar Financial Service Corporation. (Hartzell, A.)
November 4, 2011 Filing 50 MOTION for Leave to File Reply Brief by Caterpillar Financial Service Corporation. Responses due by 11/21/2011 (Hartzell, A.)
November 4, 2011 Filing 49 RESPONSE in Opposition re #48 First MOTION for Leave to File Corrected Response filed by Caterpillar Financial Service Corporation. (Hartzell, A.)
November 4, 2011 Filing 48 First MOTION for Leave to File Corrected Response by Caterpillar Financial Service Corporation. Responses due by 11/21/2011 (Hartzell, A.)
November 2, 2011 Filing 47 AFFIDAVIT re #46 Objection to Report and Recommendations Response to Objection by Caterpillar Financial Service Corporation. (Hartzell, A.)
November 2, 2011 Filing 46 OBJECTION to #36 Report and Recommendations Response to Objection filed by Caterpillar Financial Service Corporation. (Hartzell, A.)
October 25, 2011 Motion Forwarded to Chambers #38 Second MOTION for Preliminary Injunction, #36 REPORT AND RECOMMENDATIONS re #9 MOTION for Writ of Replevin and Preliminary Injunction filed by Caterpillar Financial Service Corporation FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
October 21, 2011 Filing 45 MEMORANDUM IN OPPOSITION by All Plaintiffs in opposition to #38 Second MOTION for Preliminary Injunction. (Riendeau, Richard)
October 21, 2011 Filing 44 RESPONSE in Opposition re #38 Second MOTION for Preliminary Injunction filed by All Plaintiffs. (Riendeau, Richard)
October 19, 2011 Filing 43 MEMORANDUM IN SUPPORT by All Plaintiffs in support of #42 Objection to Report and Recommendations. (Attachments: #1 Exhibit Affidavit of Nicholas E. Cambio, #2 Exhibit CAT Fin Svcs Homepage, #3 Exhibit CAT 5 Year Summary)(Riendeau, Richard)
October 19, 2011 Filing 42 OBJECTION to #36 Report and Recommendations filed by All Plaintiffs. (Riendeau, Richard)
October 11, 2011 Minute Entry for proceedings held before Magistrate Judge David L. Martin: Motion Hearing held on 10/11/2011 re #21 MOTION for Entry of Default and for Attorneys' Fees and Costs filed by Caterpillar, Inc., #22 MOTION to Compel Completion of Nicholas Cambio's Deposition MOTION for Sanctions MOTION for Protective Order filed by Southworth-Milton, Inc., #29 MOTION for Sanctions and Protective Order Against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. and Nicholas E. Cambio filed by Caterpillar, Inc., Caterpillar Financial Service Corporation. Ira Likens for the plaintiffs; J. Richard Ratcliffee and Neil Hartzell for the defendants. Attorneys argue motions; Court takes matters under advisement. (Courtroom B at 10:06.) (Saucier, Martha)
October 6, 2011 Filing 41 STATE COURT RECORD by Caterpillar Financial Service Corporation, Caterpillar, Inc., Southworth-Milton, Inc. (Urizandi, Nisshy) (Additional attachment(s) added on 9/17/2015: #1 State Court Records) (Swanson, Debra).
October 6, 2011 Filing 40 AFFIDAVIT re #38 Second MOTION for Preliminary Injunction, #39 Memorandum in Support of A. Neil Hartzell by Caterpillar Financial Service Corporation. (Hartzell, A.)
October 6, 2011 Filing 39 MEMORANDUM IN SUPPORT by Caterpillar Financial Service Corporation in support of #38 Second MOTION for Preliminary Injunction. (Hartzell, A.)
October 6, 2011 Filing 38 Second MOTION for Preliminary Injunction by Caterpillar Financial Service Corporation. Responses due by 10/24/2011 (Attachments: #1 Exhibit A)(Hartzell, A.)
October 6, 2011 Filing 37 NOTICE by Caterpillar Financial Service Corporation re #9 MOTION for Writ of Replevin and Preliminary Injunction of Filing of Corrected Proposed Preliminary Injunction Order (Attachments: #1 Exhibit A)(Hartzell, A.)
October 5, 2011 Opinion or Order Filing 36 REPORT AND RECOMMENDATIONS re #9 MOTION for Writ of Replevin and Preliminary Injunction filed by Caterpillar Financial Service Corporation. Recommending (1) that CAT Financials Motion for Replevin and Preliminary Injunction be granted, (2) that a writ of replevin be issued, and (3) that a preliminary injunction be entered after CAT Financial submits a corrected Ex. A to the proposed preliminary injunction. Objections to R&R due by 10/24/2011. So Ordered by Magistrate Judge David L. Martin on 10/5/11. (Saucier, Martha)
September 28, 2011 Opinion or Order Filing 35 ORDER DIRECTING DEFENDANTS TO FILE STATE COURT RECORD within 10 days of the date of this order. So Ordered by Magistrate Judge David L. Martin on 9/28/11. (Saucier, Martha)
September 15, 2011 MOTIONS REFERRED: #34 Assented MOTION to Continue September 27, 2011 Hearing referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan)
September 15, 2011 Opinion or Order TEXT ORDER granting #34 Motion to Continue Hearing. So Ordered by Magistrate Judge David L. Martin on 9/15/11. (Saucier, Martha)
September 15, 2011 AMENDED NOTICE of Hearing on Motions #22 MOTION to Compel Completion of Nicholas Cambio's Deposition MOTION for Sanctions MOTION for Protective Order, #21 MOTION for Entry of Default and for Attorneys' Fees and Costs, #29 MOTION for Sanctions and Protective Order Against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. and Nicholas E. Cambio : Motion Hearing RESCHEDULED FOR 10/11/2011 10:00 AM in Courtroom B before Magistrate Judge David L. Martin. (Saucier, Martha)
September 14, 2011 Filing 34 Assented MOTION to Continue September 27, 2011 Hearing by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 10/3/2011 (Hartzell, A.)
September 13, 2011 Filing 33 Addendum re #31 Reply to Response to Motion by Southworth-Milton, Inc.. (Ratcliffe, J.)
September 8, 2011 NOTICE of Hearing on Motions #22 MOTION to Compel Completion of Nicholas Cambio's Deposition MOTION for Sanctions MOTION for Protective Order, #21 MOTION for Entry of Default and for Attorneys' Fees and Costs, #29 MOTION for Sanctions and Protective Order Against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. and Nicholas E. Cambio : Motion Hearing set for 9/27/2011 10:00 AM in Courtroom B before Magistrate Judge David L. Martin. (Saucier, Martha)
September 8, 2011 MOTIONS REFERRED: #29 MOTION for Sanctions and Protective Order Against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. and Nicholas E. Cambio referred to Magistrate Judge David L. Martin. (Jackson, Ryan)
September 6, 2011 Opinion or Order Filing 32 ORDER granting #24 Motion For Leave to FIle Supplemental Memorandum. So Ordered by Magistrate Judge David L. Martin on 9/6/11. (Saucier, Martha)
September 6, 2011 MOTIONS REFERRED: #21 MOTION for Entry of Default and for Attorneys' Fees and Costs, #22 MOTION to Compel Completion of Nicholas Cambio's Deposition MOTION for Sanctions MOTION for Protective Order referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan)
September 2, 2011 Filing 31 REPLY to Response to Motion re #28 Response in Opposition to Motion, filed by Southworth-Milton, Inc.. (Attachments: #1 Exhibit C)(Ratcliffe, J.)
September 1, 2011 Filing 30 MEMORANDUM IN SUPPORT by Caterpillar Financial Service Corporation, Caterpillar, Inc. in support of #29 MOTION for Sanctions and Protective Order Against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. and Nicholas E. Cambio. (Attachments: #1 Exhibit A)(Hartzell, A.)
September 1, 2011 Filing 29 MOTION for Sanctions and Protective Order Against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. and Nicholas E. Cambio by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 9/19/2011 (Hartzell, A.)
August 31, 2011 Filing 28 RESPONSE in Opposition re #22 MOTION to Compel Completion of Nicholas Cambio's Deposition MOTION for Sanctions MOTION for Protective Order with supporting memo filed by All Plaintiffs. (Attachments: #1 Supporting Memorandum, #2 Exhibit)(Lukens, Ira)
August 29, 2011 MOTIONS REFERRED: #24 MOTION to Amend/Correct #23 Response in Opposition to Motion for attorney fees and default Motions referred to Magistrate Judge David L. Martin. (Urizandi, Nisshy)
August 25, 2011 Filing 27 AFFIDAVIT re #26 Response in Opposition to Motion of A. Neil Hartzell by Caterpillar, Inc.. (Hartzell, A.)
August 25, 2011 Filing 26 RESPONSE in Opposition re #24 MOTION to Amend/Correct #23 Response in Opposition to Motion for attorney fees and default filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A)(Hartzell, A.)
August 24, 2011 Filing 25 Amended ANSWER to Complaint by Caterpillar Financial Service Corporation, Caterpillar, Inc..(Hartzell, A.)
August 24, 2011 Motion Forwarded to Chambers #24 MOTION to Amend/Correct #23 Response in Opposition to Motion for attorney fees and default, #21 MOTION for Entry of Default and for Attorneys' Fees and Costs FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
August 22, 2011 Filing 24 MOTION to Amend/Correct #23 Response in Opposition to Motion for attorney fees and default by All Plaintiffs. Responses due by 9/8/2011 (Attachments: #1 Affidavit, #2 Supporting Memorandum)(Lukens, Ira)
August 16, 2011 Filing 23 RESPONSE in Opposition re #21 MOTION for Entry of Default and for Attorneys' Fees and Costs with supporting memo filed by All Plaintiffs. (Attachments: #1 Supporting Memorandum, #2 Affidavit)(Lukens, Ira)
August 15, 2011 Opinion or Order TEXT ORDER granting #20 Motion to Amend/Correct Answer. So Ordered by Judge William E Smith on 8/15/2011. (Urizandi, Nisshy)
August 11, 2011 Filing 22 MOTION to Compel Completion of Nicholas Cambio's Deposition, MOTION for Sanctions, MOTION for Protective Order with supporting Memorandum by Southworth-Milton, Inc.. Responses due by 8/29/2011 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B)(Ratcliffe, J.)
August 11, 2011 Motion Forwarded to Chambers #20 Amended MOTION to Amend/Correct ANSWER FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
August 3, 2011 Filing 21 MOTION for Entry of Default and for Attorneys' Fees and Costs by Caterpillar, Inc.. Responses due by 8/22/2011 (Attachments: #1 Exhibit A)(Hartzell, A.)
July 22, 2011 Filing 20 Amended MOTION to Amend/Correct ANSWER by Caterpillar Financial Service Corporation, Caterpillar, Inc.. Responses due by 8/8/2011 (Hartzell, A.)
July 21, 2011 Opinion or Order TEXT ORDER granting #19 Motion to Compel no objection having been filed. So Ordered by Magistrate Judge David L. Martin on 7/21/11. (Saucier, Martha)
July 15, 2011 MOTIONS REFERRED: #19 MOTION to Compel Responses to Interrogatories referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan)
June 27, 2011 Filing 19 MOTION to Compel Responses to Interrogatories by Caterpillar, Inc.. Responses due by 7/14/2011 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hartzell, A.)
June 13, 2011 Minute Entry for proceedings held before Magistrate Judge David L. Martin: Motion Hearing held on 6/13/2011 re #9 MOTION for Writ of Replevin and Preliminary Injunction filed by Caterpillar Financial Service Corporation. Ira Lukens for the plaintiff; A. Neil Hartzell for the defendant. Attorneys argue; Court takes matter under advisement; Court to issue a Report and Recommendation. (Courtroom B at 2:17.) (Saucier, Martha)
May 23, 2011 Opinion or Order Filing 18 PRETRIAL SCHEDULING ORDER: Factual Discovery closes 11/25/2011. Dispositive Motions are due by 12/15/2011. Pretrial Memoranda are due thirty days after a decision on any dispositive motion or, if no dispositive motions are filed, by 12/15/2011. So Ordered by Judge William E Smith on 5/23/2011. (Marseglia, Patricia)
May 23, 2011 Minute Entry for proceedings held before Judge William E Smith: Status Conference held on 5/23/2011; Counsel present: R. Riendeau, I. Lukins; A. Hartzell, R. Ratcliffe (Jackson, Ryan)
May 23, 2011 MOTIONS REFERRED: #9 MOTION for Writ of Replevin and Preliminary Injunction referred to Magistrate Judge David L. Martin for Report & Recommendation. (Jackson, Ryan)
May 23, 2011 NOTICE of Hearing on Motion #9 MOTION for Writ of Replevin and Preliminary Injunction : Motion Hearing set for 6/13/2011 02:00 PM in Courtroom B before Magistrate Judge David L. Martin. (Saucier, Martha)
April 22, 2011 Minute Entry for proceedings held before Judge William E Smith: In Chambers Conference held on 4/21/2011; counsel present: R. Riendeau, I. Lukin; N. Hartzell, R. Ratcliffe (Jackson, Ryan) Modified on 5/17/2011: corrected date of conference (Jackson, Ryan).
April 22, 2011 NOTICE of Hearing: Status Conference scheduled for 5/23/2011 at 3:00 PM in Chambers before Judge William E. Smith. (Jackson, Ryan)
April 7, 2011 Filing 17 REPLY MEMORANDUM re #16 Response in Opposition to Motion for Writ of Replevin and Preliminary Injunction. (Hartzell, A.)
April 7, 2011 NOTICE of Hearing: In Chambers Conference scheduled for 4/21/2011 at 11:00 AM in Chambers before Judge William E. Smith. (Jackson, Ryan)
April 1, 2011 Filing 16 RESPONSE in Opposition re #9 MOTION for Writ of Replevin and Preliminary Injunction filed by All Plaintiffs. (Lukens, Ira)
April 1, 2011 Motion Forwarded to Chambers #9 MOTION for Writ of Replevin and Preliminary Injunction FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
March 31, 2011 Filing 15 RESPONSE to Motion re #9 MOTION for Writ of Replevin and Preliminary Injunction memorandum filed by All Plaintiffs. (Lukens, Ira)
March 25, 2011 Filing 14 NOTICE of Appearance by Ira B. Lukens on behalf of All Plaintiffs (Lukens, Ira)
March 24, 2011 Filing 13 AFFIDAVIT of Marion Covell by Caterpillar Financial Service Corporation, Caterpillar, Inc.. (Hartzell, A.)
March 21, 2011 Opinion or Order TEXT ORDER granting #12 Motion for Extension of Time to File Response/Reply re #9 MOTION for Writ of Replevin and Preliminary Injunction ; Set/Reset Deadlines: Responses due by 3/31/2011. So Ordered by Judge William E Smith on 3/21/2011. (Smith, Rana)
March 18, 2011 Motion Forwarded to Chambers #12 MOTION for an Extension of Time to File Response/Reply as to #10 Memorandum in Support, #9 MOTION for Writ of Replevin and Preliminary Injunction, #11 Affidavit, FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
March 16, 2011 Filing 12 MOTION for an Extension of Time to File Response/Reply as to #10 Memorandum in Support, #9 MOTION for Writ of Replevin and Preliminary Injunction, #11 Affidavit, by All Plaintiffs. Responses due by 4/4/2011 (Riendeau, Richard)
February 28, 2011 Filing 11 AFFIDAVIT re #9 MOTION for Writ of Replevin and Preliminary Injunction of Marion Covell by Caterpillar Financial Service Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Errata D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Hartzell, A.)
February 28, 2011 Filing 10 MEMORANDUM IN SUPPORT by Caterpillar Financial Service Corporation in support of #9 MOTION for Writ of Replevin and Preliminary Injunction. (Hartzell, A.)
February 28, 2011 Filing 9 MOTION for Writ of Replevin and Preliminary Injunction by Caterpillar Financial Service Corporation. Responses due by 3/17/2011 (Attachments: #1 Exhibit 1)(Hartzell, A.)
February 3, 2011 Opinion or Order TEXT ORDER denying #3 Motion to Remand to State Court. So Ordered by Judge William E. Smith on 2/3/2011. (Smith, Rana)
February 3, 2011 Minute Entry for proceedings held before Judge William E Smith: Motion Hearing held on 2/3/2011 re #3 MOTION to Remand to State Court filed by Vincent A. Cambio, Nicholas E. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc.. Richard Riendeau for Plaintiff. A. Neil Harzell and J. Richard Ratcliffe for Defendants. Court addresses. Arguments heard as to Plaintiff's Motion to Remand; Court denies the motion for the reasons stated in open court. Matter to be set down for scheduling conference. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 10:43 a.m.) (Smith, Rana)
January 31, 2011 Reset Hearings re: #3 MOTION to Remand to State Court filed by Vincent A. Cambio, Nicholas E. Cambio, New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc.: Motion Hearing re-scheduled for 2/3/2011 at 10:30 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
January 20, 2011 NOTICE of Hearing on #3 MOTION to Remand to State Court : Motion Hearing scheduled for 2/2/2011 at 2:00 PM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
January 19, 2011 Filing 8 REPLY to Response to Motion re #6 Reply to Response to Motion filed by Southworth-Milton, Inc.. (Ratcliffe, J.)
January 18, 2011 Opinion or Order TEXT ORDER granting #7 Motion for Leave to File Sur-Reply. So Ordered by Judge William E. Smith on 1/18/11. (Jackson, Ryan)
January 13, 2011 Motion Forwarded to Chambers #7 MOTION for Leave to File Sur-Reply FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
January 7, 2011 Filing 7 MOTION for Leave to File Sur-Reply With Supporting Memo by Southworth-Milton, Inc.. Responses due by 1/24/2011 (Attachments: #1 Supporting Memorandum, #2 Exhibit)(Ratcliffe, J.)
January 4, 2011 Motion Forwarded to Chambers #3 MOTION to Remand to State Court FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
January 3, 2011 Filing 6 REPLY to Response to Motion re #5 Response in Support of Motion, filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Smith, Rana)
December 22, 2010 Filing 5 RESPONSE in Support re #3 MOTION to Remand to State Court Memorandum in Support of Objection filed by Caterpillar Financial Service Corporation, Caterpillar, Inc., Southworth-Milton, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hartzell, A.)
December 22, 2010 Filing 4 RESPONSE to Motion re #3 MOTION to Remand to State Court Objection filed by Caterpillar Financial Service Corporation, Caterpillar, Inc., Southworth-Milton, Inc.. (Hartzell, A.)
December 10, 2010 Filing 3 MOTION to Remand to State Court WITH SUPPORTING MEMO by All Plaintiffs. Responses due by 12/27/2010 (Smith, Rana)
November 18, 2010 Filing 2 Supplemental ANSWER to Complaint, COUNTERCLAIM against New London Mining, Manufacturing & Processing, LLC, Universal Truck & Equipment Company, Inc. by Southworth-Milton, Inc..(Ratcliffe, J.)
November 16, 2010 Filing 1 NOTICE OF REMOVAL by Southworth-Milton, Inc., Caterpillar, Inc., Caterpillar Financial Service Corporation from Kent County Superior Court, case number KC10-998. ( Filing fee $ 350 receipt number 14670004264) (Attachments: #1 Exhibit A-State Court Complaint, #2 Civil Cover Sheet)(Smith, Rana)

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Search for this case: Universal Truck & Equipment Company, Inc. et al v. Caterpillar, Inc. et al
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Defendant: Eugene V. Fife
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Defendant: John T. Dillon
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Defendant: David R. Goode
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Defendant: Caterpillar Financial Service Corporation
Represented By: A. Neil Hartzell
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Defendant: Peter A. Magowan
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Defendant: Daniel M. Dickinson
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Defendant: Charles D. Powell
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Defendant: Jim Duensing
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Defendant: Southworth-Milton, Inc.
Represented By: J. Richard Ratcliffe
Represented By: Jeffrey Michael Biolchini
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Defendant: John R. Brazil
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Defendant: Kent Adams
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Defendant: W. Frank Blouni
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Defendant: Peter Dagastino
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Defendant: Gail D. Fosler
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Defendant: Juan Gallardo
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Defendant: William A. Osborn
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Defendant: Susan C. Schwab
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Defendant: Caterpillar, Inc.
Represented By: A. Neil Hartzell
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Defendant: Edward B. Bust, Jr.
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Defendant: James W. Owens
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Defendant: Joshua I. Smith
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Defendant: Webster Bank, N.A.
Represented By: Lisa M. Kresge
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Plaintiff: New London Mining, Manufacturing & Processing, LLC
Represented By: Ira B. Lukens
Represented By: Richard G. Riendeau
Represented By: Stephen M. Schonhoff
Represented By: A. Chace Wessling
Represented By: Mary Theresa Moran
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Plaintiff: Universal Truck & Equipment Company, Inc.
Represented By: Ira B. Lukens
Represented By: Richard G. Riendeau
Represented By: Stephen M. Schonhoff
Represented By: A. Chace Wessling
Represented By: Mary Theresa Moran
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Plaintiff: Nicholas E. Cambio
Represented By: Ira B. Lukens
Represented By: Richard G. Riendeau
Represented By: Stephen M. Schonhoff
Represented By: A. Chace Wessling
Represented By: Mary Theresa Moran
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Plaintiff: Vincent A. Cambio
Represented By: Ira B. Lukens
Represented By: Richard G. Riendeau
Represented By: Stephen M. Schonhoff
Represented By: A. Chace Wessling
Represented By: Mary Theresa Moran
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