Virginia Transportation Corp. v. PACCAR Inc. et al
| Virginia Transportation Corp. |
| The Pete Store, LLC d/b/a The Peterbilt Store, PACCAR Inc., Cummins, Inc., Peterbilt Motors Company, Allison Transmission, Inc., The Pete Store, LLC, The Pete Store, LLC doing business as The Peterbilt Store and Peterbilt of Knoxville, Inc. doing business as The Peterbilt Store-Greenville |
| 1:2019cv00445 |
| August 23, 2019 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| Mary S McElroy |
| Contract Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NOTICE of Remote Hearing on Motion #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #52 MOTION to Dismiss Count IV of First Amended Complaint, #51 MOTION to Dismiss Plaintiff's First Amended and Supplemental Complaint : Motion Hearing set for 2/25/2021 at 10:30 AM before District Judge Mary S. McElroy. (Zoom Meeting ID: 160 876 8545, Passcode: 268747) (Urizandi, Nisshy) |
| Filing 71 NOTICE by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC of Withdrawal of Appearance of Anthony S. Aprea (Aprea, Anthony) |
| Filing 70 NOTICE of Appearance by Jamal D. Burk on behalf of PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC (Burk, Jamal) |
TEXT ORDER granting #69 Motion to Withdraw as Attorney. Attorney Olivia B. Luckett terminated. So Ordered by District Judge Mary S. McElroy on 11/6/2020. (Urizandi, Nisshy)
|
| Filing 69 MOTION to Withdraw as Attorney (Olivia B. Luckett) filed by Cummins, Inc.. Responses due by 10/5/2020. (Cavanagh, Joseph) |
| Filing 68 SUR-REPLY to Reply to Motion Response re #60 Reply to Response of Paccar Inc. and Peterbilt of Knoxville, Inc. filed by Virginia Transportation Corp.. (Gemma, Richard) |
| Filing 67 SUR-REPLY to Reply to Motion Response re #59 Reply to Response of Allison Transmission, Inc. filed by Virginia Transportation Corp.. (Gemma, Richard) |
| Filing 66 SUR-REPLY to Reply to Motion Response re #58 Reply to Response of Cummins Inc. filed by Virginia Transportation Corp.. (Gemma, Richard) |
|
TEXT ORDER granting #61 Motion for Leave to File; granting #62 Motion for Leave to File; granting #63 Motion for Leave to File - So Ordered by District Judge Mary S. McElroy on 7/14/2020. (Urizandi, Nisshy)
|
| Filing 65 REPLY to Response re #64 Response to Motion, filed by Virginia Transportation Corp.. (Gemma, Richard) |
| Filing 64 RESPONSE In Opposition to #61 MOTION for Leave to File Document to File Sur-reply to the Reply of PACCAR, INC. and Peterbilt of Knoxville, Inc. filed by PACCAR Inc., Peterbilt Motors Company, Peterbilt of Knoxville, Inc.. Replies due by 5/19/2020. (Aprea, Anthony) |
| Filing 63 MOTION for Leave to File Document to File Sur-reply to the Reply of Cummins Inc. filed by Virginia Transportation Corp.. Responses due by 5/22/2020. (Gemma, Richard) |
| Filing 62 MOTION for Leave to File Document to File Sur-reply to the Reply of Allison Transmission, Inc. filed by Virginia Transportation Corp.. Responses due by 5/22/2020. (Gemma, Richard) |
| Filing 61 MOTION for Leave to File Document to File Sur-reply to the Reply of PACCAR, INC. and Peterbilt of Knoxville, Inc. filed by Virginia Transportation Corp.. Responses due by 5/22/2020. (Gemma, Richard) |
| Filing 60 REPLY to Response re #55 Response to Motion, To Dismiss #50 filed by PACCAR Inc.. (Attachments: #1 Exhibit Ex. A - Dealer Agreement)(Aprea, Anthony) |
| Filing 59 REPLY to Response re #56 Response to Motion, filed by Allison Transmission, Inc.. (Giardina, Matthew) |
| Filing 58 REPLY to Response re #57 Response to Motion, filed by Cummins, Inc.. (Cavanagh, Joseph) |
| Filing 57 RESPONSE In Opposition to #52 MOTION to Dismiss Count IV of First Amended Complaint filed by Virginia Transportation Corp.. Replies due by 4/24/2020. (Attachments: #1 Supporting Memorandum)(Gemma, Richard) |
| Filing 56 RESPONSE In Opposition to #51 MOTION to Dismiss Plaintiff's First Amended and Supplemental Complaint filed by Virginia Transportation Corp.. Replies due by 4/24/2020. (Attachments: #1 Supporting Memorandum)(Gemma, Richard) |
| Filing 55 RESPONSE In Opposition to #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virginia Transportation Corp.. Replies due by 4/24/2020. (Attachments: #1 Supporting Memorandum)(Gemma, Richard) |
| Filing 54 CERTIFICATE OF SERVICE by Virginia Transportation Corp. re #48 Summons Issued to Peterbilt of Knoxville, Inc. (Gemma, Richard) |
| DOCKET NOTE: The deadlines agreed upon in the Stipulation (ECF No. #44 ) are the operative deadlines in re to any responsive pleading filed as a result of the First Amended Complaint. (Urizandi, Nisshy). |
| Filing 53 ANSWER to #46 Amended Complaint by Cummins, Inc..(Cavanagh, Joseph) |
| Filing 52 MOTION to Dismiss Count IV of First Amended Complaint filed by Cummins, Inc.. Responses due by 4/10/2020. (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Cavanagh, Joseph) |
| Filing 51 MOTION to Dismiss Plaintiff's First Amended and Supplemental Complaint filed by Allison Transmission, Inc.. Responses due by 4/10/2020. (Attachments: #1 Supporting Memorandum, #2 Exhibit)(Giardina, Matthew) |
| Filing 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PACCAR Inc., Peterbilt of Knoxville, Inc.. Responses due by 4/10/2020. (Attachments: #1 Supporting Memorandum)(Aprea, Anthony) |
| Filing 49 MOTION for Marissa L. Morte to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1486732 ) filed by Allison Transmission, Inc.. (Giardina, Matthew) |
|
TEXT ORDER granting #49 Motion to Appear Pro Hac Vice of Marissa L. Morte. So Ordered by District Judge Mary S. McElroy on 3/26/2020. (Hicks, Alyson)
|
| Filing 48 Summons Issued as to Peterbilt of Knoxville, Inc. (Hicks, Alyson) |
| Filing 47 Summons Request filed by Virginia Transportation Corp.. (Gemma, Richard) |
| Filing 46 AMENDED COMPLAINT against Allison Transmission, Inc., Cummins, Inc., PACCAR Inc., filed by Virginia Transportation Corp..(Gemma, Richard) |
| Filing 45 AMENDED COMPLAINT against Peterbilt of Knoxville, Inc. dba The Peterbilt Store-Greenville, filed by Virginia Transportation Corp..(Gemma, Richard) |
|
TEXT ORDER entering #44 Stipulation; withdrawing #24 Motion to Dismiss for Failure to State a Claim, #26 Motion to Dismiss for Failure to State a Claim, #32 Motion to Dismiss and #42 Motion to Amend/Correct Complaint - So Ordered by District Judge Mary S. McElroy on 3/20/2020. (Urizandi, Nisshy)
|
| Filing 44 STIPULATION re #42 MOTION to Amend/Correct and Supplement Complaint filed by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC. (Aprea, Anthony) |
|
TEXT ORDER entering #43 Stipulation to Extend Time. Reply to #41 Response in Opposition to #24 Motion to Dismiss due by 3/27/2020 - So Ordered by District Judge Mary S. McElroy on 3/4/2020. (Urizandi, Nisshy)
|
| Filing 43 STIPULATION re #41 Response to Motion, to Extend Time to File Reply filed by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC. (Aprea, Anthony) |
| Filing 42 MOTION to Amend/Correct and Supplement Complaint filed by Virginia Transportation Corp.. Responses due by 3/6/2020. (Gemma, Richard) (Main Document 42 replaced on 2/21/2020) (Urizandi, Nisshy). (Additional attachment(s) added on 2/21/2020: #1 Supporting Memorandum, #2 Exhibit 1 - Proposed Amended Complaint) (Urizandi, Nisshy). |
| Filing 41 RESPONSE In Opposition to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virginia Transportation Corp.. Replies due by 2/28/2020. (Attachments: #1 Supporting Memorandum)(Gemma, Richard) |
|
TEXT ORDER granting #40 Motion for Extension of Time; Reset Deadlines as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Responses due by 2/24/2020 - So Ordered by District Judge Mary S. McElroy on 12/26/2019. (Urizandi, Nisshy)
|
| Filing 40 Second MOTION for an Extension of Time to Respond to Paccar Inc., Peterbilt Motors Company and The Pete Store, LLC's Partial Motion to Dismiss filed by Virginia Transportation Corp.. Responses due by 1/3/2020. (Gemma, Richard) |
| Filing 39 REPLY MEMORANDUM re #36 Response to Motion, . (Attachments: #1 Affidavit of Gene Mayfield, #2 Exhibit 1)(Giardina, Matthew) |
| Filing 38 REPLY to Response re #37 Response to Motion, filed by Cummins, Inc.. (Cavanagh, Joseph) |
| Filing 37 RESPONSE In Opposition to #32 MOTION to Dismiss Count IV of Plaintiff's Complaint filed by Virginia Transportation Corp.. Replies due by 11/8/2019. (Attachments: #1 Supporting Memorandum, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Gemma, Richard) |
| Filing 36 RESPONSE In Opposition to #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virginia Transportation Corp.. Replies due by 11/8/2019. (Attachments: #1 Supporting Memorandum, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Gemma, Richard) |
|
TEXT ORDER granting #35 Motion for Extension of Time; Reset Deadlines as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; Responses due by 12/31/2019 - So Ordered by District Judge Mary S. McElroy on 11/1/2019. (Urizandi, Nisshy)
|
| Filing 35 MOTION for an Extension of Time enlargement of time filed by Virginia Transportation Corp.. Responses due by 11/14/2019. (Gemma, Richard) |
|
TEXT ORDER: This case is transferred to the calendar of Judge Mary S. McElroy- So Ordered by District Judge John J. McConnell, Jr. on 10/8/2019. (Barletta, Barbara)
|
| Case reassigned to District Judge Mary S. McElroy. District Judge John J. McConnell, Jr. no longer assigned to the case. (Barletta, Barbara) |
| Case reassigned to District Judge Mary S. McElroy. District Judge John J. McConnell, Jr. no longer assigned to the case. (Barletta, Barbara) |
|
TEXT ORDER: This case is transferred to the calendar of Judge Mary S. McElroy- So Ordered by District Judge John J. McConnell, Jr. on 10/8/2019. (Barletta, Barbara)
|
|
TEXT ORDER entering #34 Stipulation to extend time to respond to #32 MOTION to Dismiss; Reset Deadlines: Plaintiff's Response shall be filed by 11/1/2019.)- So Ordered by District Judge John J. McConnell, Jr. on 10/4/2019 (Barletta, Barbara)
|
| Filing 34 STIPULATION re #32 MOTION to Dismiss Count IV of Plaintiff's Complaint filed by Virginia Transportation Corp.. (Gemma, Richard) |
| Filing 33 ANSWER to Complaint by Cummins, Inc..(Cavanagh, Joseph) |
| Filing 32 MOTION to Dismiss Count IV of Plaintiff's Complaint filed by Cummins, Inc.. Responses due by 10/17/2019. (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Cavanagh, Joseph) |
|
TEXT ORDER granting #31 Motion for Extension of Time to Answer; Reset Deadlines: Cummins, Inc. answer or responsive pleading due 10/4/2019. - So Ordered by District Judge John J. McConnell, Jr. on 10/1/2019 (Barletta, Barbara)
|
| Filing 31 MOTION for an Extension of Time to File Answer filed by Cummins, Inc.. Responses due by 10/15/2019. (Cavanagh, Joseph) |
| Filing 30 STIPULATION filed by Virginia Transportation Corp.. (Gemma, Richard) |
|
TEXT ORDER entering #30 Stipulation to extend time for plaintiff to respond to #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response due by 11/1/2019.- So Ordered by District Judge John J. McConnell, Jr. on 9/30/2019 (Barletta, Barbara)
|
|
TEXT ORDER entering #29 Stipulation to extend time for plaintiff to respond to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response due by 11/1/2019.- So Ordered by District Judge John J. McConnell, Jr. on 9/30/2019(Barletta, Barbara)
|
| Filing 29 STIPULATION re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virginia Transportation Corp.. (Gemma, Richard) |
| Filing 28 MOTION for Danny C. Lallis to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1420357 ) filed by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC. (Aprea, Anthony) |
|
TEXT ORDER granting #28 Motion to Appear Pro Hac Vice of Danny C. Lallis. So Ordered by District Judge John J. McConnell, Jr. on 9/27/2019. (Simoncelli, Michael)
|
| Filing 27 ANSWER to Complaint by Allison Transmission, Inc..(Giardina, Matthew) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Allison Transmission, Inc.. Responses due by 10/10/2019. (Attachments: #1 Supporting Memorandum, #2 Exhibit A)(Giardina, Matthew) |
|
TEXT ORDER granting #23 Motion for Extension of Time to file a responsive pleading until 14 days after a decision on #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - So Ordered by District Judge John J. McConnell, Jr. on 9/26/2019. (Barletta, Barbara)
|
| Filing 25 MEMORANDUM IN SUPPORT by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC in support of #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Aprea, Anthony) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC. Responses due by 10/9/2019. (Aprea, Anthony) |
| Filing 23 MOTION for an Extension of Time Extend Responsive Pleading Deadline filed by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC. Responses due by 10/9/2019. (Aprea, Anthony) |
| Filing 22 MOTION for Olivia Luckett to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1413374 ) filed by Cummins, Inc.. (Cavanagh, Joseph) |
| Filing 21 MOTION for Lauren Champaign to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1413370 ) filed by Cummins, Inc.. (Cavanagh, Joseph) |
| Filing 20 MOTION for Jeffrey A. Soble to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1413368 ) filed by Cummins, Inc.. (Cavanagh, Joseph) |
| Filing 19 STATE COURT RECORD received electronically from the State of Rhode Island. (Potter, Carrie) |
|
TEXT ORDER granting #20 Motion to Appear Pro Hac Vice of Jeffrey A. Soble ; granting #21 Motion to Appear Pro Hac Vice of Lauren A Champaign ; granting #22 Motion to Appear Pro Hac Vice of Olivia B. Luckett. So Ordered by District Judge John J. McConnell, Jr. on 9/9/2019. (Potter, Carrie)
|
| Filing 18 MOTION for Anthony Pisciotti to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1412118 ) filed by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC. (Aprea, Anthony) |
| Filing 17 MOTION for Clifford Laney to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1412104 ) filed by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC. (Aprea, Anthony) Modified on 9/4/2019 (Noel, Jeannine). |
|
TEXT ORDER granting #18 Motion to Appear Pro Hac Vice of Anthony Pisciotti. So Ordered by District Judge John J. McConnell, Jr. on 9/4/2019. (Potter, Carrie)
|
|
TEXT ORDER granting #17 Motion to Appear Pro Hac Vice of Clifford Laney. So Ordered by District Judge John J. McConnell, Jr. on 9/4/2019. (Potter, Carrie)
|
| Filing 16 NOTICE of Appearance by Jennifer A. Whelan on behalf of Allison Transmission, Inc. (Whelan, Jennifer) |
|
TEXT ORDER entering #14 Stipulation to extend time; Reset Deadlines: Allison Transmission, Inc. answer due 9/26/2019 - So Ordered by District Judge John J. McConnell, Jr. on 8/30/2019 (Barletta, Barbara)
|
| Filing 15 MOTION for Howard P. Goldberg to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1411080 ) filed by Allison Transmission, Inc.. (Giardina, Matthew) |
| Filing 14 STIPULATION for Extension of Time filed by Allison Transmission, Inc.. (Giardina, Matthew) |
| Filing 13 Corporate Disclosure Statement by Allison Transmission, Inc.. (Giardina, Matthew) |
| Filing 12 NOTICE of Appearance by Matthew T. Giardina on behalf of Allison Transmission, Inc. (Giardina, Matthew) |
| Filing 11 NOTICE of Appearance by Kevin W Hadfield on behalf of Allison Transmission, Inc. (Hadfield, Kevin) |
| Filing 10 Corporate Disclosure Statement by Virginia Transportation Corp.. (Gemma, Richard) |
|
TEXT ORDER entering #8 Stipulation to extend time to answer; Reset Deadlines: Cummins, Inc. answer due 9/30/2019 - So Ordered by District Judge John J. McConnell, Jr. on 8/29/2019 (Barletta, Barbara)
|
|
TEXT ORDER granting #15 Motion to Appear Pro Hac Vice of Howard P. Goldberg. So Ordered by District Judge John J. McConnell, Jr. on 8/29/2019. (Potter, Carrie)
|
| Filing 9 Corporate Disclosure Statement by Cummins, Inc.. (Cavanagh, Joseph) |
| Filing 8 STIPULATION To Extend Time filed by Cummins, Inc.. (Cavanagh, Joseph) |
| Filing 7 NOTICE of Appearance by Joseph V. Cavanagh, III on behalf of Cummins, Inc. (Cavanagh, Joseph) |
|
TEXT ORDER entering #6 Stipulation to extend time to answer; Peterbilt Motors Company, PACCAR Inc. answer due 9/25/2019; Peterbilt Motors Company answer due 9/25/2019; The Pete Store, LLC answer due 9/25/2019. - So Ordered by District Judge John J. McConnell, Jr. on 8/28/2019. (Barletta, Barbara)
|
| Filing 6 STIPULATION for Extension of Time filed by PACCAR Inc., Peterbilt Motors Company, The Pete Store, LLC. (Aprea, Anthony) |
| Filing 5 CASE OPENING NOTICE ISSUED (Potter, Carrie) |
| Case assigned to District Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Potter, Carrie) |
| Filing 4 Corporate Disclosure Statement by PACCAR Inc.. (Aprea, Anthony) |
| Filing 4 Corporate Disclosure Statement by PACCAR Inc.. (Aprea, Anthony) |
| Filing 3 Corporate Disclosure Statement by The Pete Store, LLC d/b/a The Peterbilt Store. (Aprea, Anthony) |
| Filing 3 Corporate Disclosure Statement by The Pete Store, LLC d/b/a The Peterbilt Store. (Aprea, Anthony) |
| Filing 2 Corporate Disclosure Statement by Peterbilt Motors Company. (Aprea, Anthony) |
| Filing 2 Corporate Disclosure Statement by Peterbilt Motors Company. (Aprea, Anthony) |
| Filing 1 NEW CASE/NOTICE OF REMOVAL from Providence County Superior Court, Case Number PC-2019-8054. Filing fee $ 400, receipt number 0103-1409590, filed by The Pete Store, LLC d/b/a The Peterbilt Store, Peterbilt Motors Company, PACCAR Inc.. (Attachments: #1 Exhibit Notice of Filing Notice of Removal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Civil Cover Sheet Civil Cover Sheet)(Aprea, Anthony) |
| Filing 1 NEW CASE/NOTICE OF REMOVAL from Providence County Superior Court, Case Number PC-2019-8054. Filing fee $ 400, receipt number 0103-1409590, filed by The Pete Store, LLC d/b/a The Peterbilt Store, Peterbilt Motors Company, PACCAR Inc.. (Attachments: #1 Exhibit Notice of Filing Notice of Removal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Civil Cover Sheet Civil Cover Sheet)(Aprea, Anthony) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Rhode Island District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
