Brown Bros., Inc., et al v. Caterpillar, Inc. (PLR2)
| Brown Bros., Inc. on behalf of itself and as assignee of Jacinto Hernandez, B & B Machinery, LLC and Brown Bros., Inc. |
| Caterpillar, Inc. |
| 1:2018cv00103 |
| May 21, 2018 |
| US District Court for the Eastern District of Tennessee |
| Chattanooga Office |
| Hamilton |
| Susan K Lee |
| Pamela L Reeves |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 11, 2020. A more recent docket listing may be available from PACER.
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Filing 41
ORDER of Dismissal Without Prejudice. Signed by District Judge Pamela L Reeves on March 11, 2020. (AYB)
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| Filing 40 STIPULATION of Dismissal [Proposed] Order of Dismissal without Prejudice by Caterpillar, Inc.. (Ramey, Shaun) |
| Filing 39 STIPULATION of Dismissal Without Prejudice by Caterpillar, Inc.. (Ramey, Shaun) |
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Filing 38
ORDER granting #21 Motion to Dismiss. The claims of Plaintiffs Brown Bros., Inc. (suing on behalf of itself) and B&B Machinery, LLC are accordingly DISMISSED. Plaintiff Brown Bros., Inc. (suing as assignee of Jacinto Hernandez) is the only remaining plaintiff, and may collect damages on its claim for negligence (Count 2). But consistent with the above reasoning, it may only seek damages in the amount that has been paid or is payable to Mr. Hernandez in workers compensation benefits. Finally, the stay that was enteredpending resolution of the certified question [D. 29] is hereby LIFTED. Signed by District Judge Pamela L Reeves on 8/19/19. (ABF)
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| Filing 37 COURT REPORTER NOTES OF PROCEEDINGS filed by Rebekah Lockwood (865) 210-6698 of Oral Argument before Judge Pamela L. Reeves on 08/09/2019. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Pamela L. Reeves on 08/09/2019. By s/ Rebekah Lockwood (865) 210-6698. (Court Reporter Notes are viewable by court staff only). (RML) |
| Filing 36 Minute Entry Oral Argument before District Judge Pamela L Reeves held on 8/9/2019. The Court reserves ruling on the matters at hand, to allow counsel to discuss mediation with their clients. The parties are given one week to confer and make a decision as to whether or not they will pursue mediation. (Court Reporter Rebekah Lockwood) (ADA) |
| Filing 35 NOTICE of Filing Mandate by the Supreme Court of Tennessee. (Attachments: #1 Envelope)(AML) |
| NOTICE of Hearing: Oral Argument re: #27 Order of Certification set for 8/9/2019 at 10:00 AM in Knoxville before District Judge Pamela L Reeves. (KMK) |
| Filing 34 STATUS REPORT (Joint) by Caterpillar, Inc.. (Rouse, John) |
| Filing 33 NOTICE by B & B Machinery, LLC, Brown Bros., Inc. (on behalf of itself ), Brown Bros., Inc. (as assignee of Jacinto Hernandez) re #31 Notice (Other) (Attachments: #1 Exhibit Responsive Brief)(Patrick, Gary) |
| Filing 32 NOTICE by Caterpillar, Inc. re #31 Notice (Other) (Notice of Compliance with Tennessee Court's "Initiating Document" (Doc 31) (Attachments: #1 Other CAT Brief (TN Supreme Ct), #2 Other CAT Reply Brief (TN Supreme Ct))(Rouse, John) |
| Filing 31 NOTICE of receiving filing from State Court regarding State case (AML, ) |
| Filing 30 NOTICE (In the Supreme Court of TN at Nashville) - Initiating document - SCt Rule 23 Certified Question. (ABF) |
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Filing 29
ORDER STAYING CASE: This case is STAYED pending resolution of the certified question by the Tennessee Supreme Court. In the event the certified question is not resolved within 90 days, the parties are ORDERED to file a joint status report by June 25, 2019, advising the Court as to the status of the case.Signed by District Judge Pamela L Reeves on 3/29/19. (ABF)
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| Filing 28 Letter from USDC to the Tennessee Supreme Court regarding Order of Certification. (certified copy of order, docket sheet and complaint mailed) (ADA) |
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Filing 27
ORDER OF CERTIFICATION concerning a question of state law.Signed by District Judge Pamela L. Reeves on 3/27/19. (ADA)
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| Filing 26 REPLY to Response to Motion re #21 MOTION to Dismiss filed by Caterpillar, Inc.. (McGlinchey, Deirdre) |
| Filing 25 RESPONSE in Opposition re #21 MOTION to Dismiss filed by B & B Machinery, LLC, Brown Bros., Inc. (on behalf of itself ), Brown Bros., Inc. (as assignee of Jacinto Hernandez). (Patrick, Gary) |
| Filing 24 NOTICE of Appearance by Shaun Kevin Ramey on behalf of Caterpillar, Inc. (Ramey, Shaun) |
| Filing 23 MEMORANDUM in Support of Motion re #21 MOTION to Dismiss filed by Caterpillar, Inc.. (Rouse, John) |
| Filing 22 Administrative Notice to Counsel re #21 MOTION to Dismiss : requirements due by 7/16/2018. (AML, ) |
| Filing 21 MOTION to Dismiss by Caterpillar, Inc.. (Attachments: #1 Other - Memo in Support)(Rouse, John) |
| Filing 20 AMENDED COMPLAINT against Caterpillar, Inc.., filed by Brown Bros., Inc. (on behalf of itself ), Brown Bros., Inc. (as assignee of Jacinto Hernandez), B & B Machinery, LLC.(Patrick, Gary) |
| Filing 19 NOTICE OF NONCONSENT by Caterpillar, Inc. (Rouse, John) |
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Filing 18
ORDER granting #17 Joint Motion. Plaintiffs shall file an amended complaint on or before June 25, 2018; and Defendant shall file its motion to dismiss, if any, on or before July 16, 2018. Signed by Magistrate Judge Susan K Lee on 6/18/2018. (AML, )
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| Filing 17 Joint MOTION Establish Deadlines for Amending Complaint and to File Motion to Dismiss by B & B Machinery, LLC, Brown Bros., Inc. (on behalf of itself ), Brown Bros., Inc. (as assignee of Jacinto Hernandez). (Patrick, Gary) |
| Filing 16 NOTICE by Caterpillar, Inc. re #1 Notice of Removal, (Filing of State Court Documents (Attachments: #1 Other - Summons, #2 Other - Notice of Removal to State Court, #3 Other - Order)(Rouse, John) |
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Filing 15
ORDER granting #14 Motion for Leave to Appear Pro Hac Vice by Attorney Deirdre C. McGlinchey on behalf of by Caterpillar, Inc. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as a CM/ECF user here: #http://www.tned.uscourts.gov/content/attorney-ecf-registration-form. Signed by Magistrate Judge Susan K Lee on 06/07/2018. (KRS, )
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| Clerk's Verification of PHV Requirements is complete regarding document: #14 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-3684810.) filed by Caterpillar, Inc. (AML, ) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-3684810.) by Caterpillar, Inc.. (Attachments: #1 Other Certificate of Good Standing, #2 Other Proposed Order)(Rouse, John) |
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Filing 13
SCHEDULING ORDER: Jury Trial set for 11/19/2019 09:00 AM in Courtroom 3C - Knoxville before District Judge Pamela L Reeves.Signed by District Judge Pamela L Reeves on 5/29/18. (ABF)
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Filing 12
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Pamela L Reeves on 5/29/2018. (Attachments: #1 Consent/Non-Consent) (SAC, )
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| Filing 11 NOTICE by Caterpillar, Inc. re #8 MOTION to Dismiss , #9 Memorandum in Support of Motion (Notice of Withdrawal of Motion to Dismiss [Dkt Nos 8 & 9] (Rouse, John) |
| Filing 10 ANSWER to Complaint by Caterpillar, Inc..(Rouse, John) |
| Filing 9 MEMORANDUM in Support of Motion re #8 MOTION to Dismiss filed by Caterpillar, Inc.. (Rouse, John) |
| Filing 8 MOTION to Dismiss by Caterpillar, Inc.. (Rouse, John) |
| Filing 7 Certificate of Corporate Interest by Caterpillar, Inc.. (Rouse, John) |
| Filing 6 Certificate of Corporate Interest by B & B Machinery, LLC. (Patrick, Gary) |
| Filing 5 Certificate of Corporate Interest by Brown Bros., Inc. (on behalf of itself ), Brown Bros., Inc. (as assignee of Jacinto Hernandez). (Patrick, Gary) |
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Filing 4
Order Governing Sealing Confidential Information.Signed by District Judge Pamela L Reeves on 5/22/2018. (BDG, )
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Filing 3
Order Governing Motions To Dismiss.Signed by District Judge Pamela L Reeves on 5/22/2018. (BDG, )
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Filing 2
Order Governing Depositions.Signed by District Judge Pamela L Reeves on 5/22/2018. (BDG, )
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| District Judge Pamela L Reeves and Magistrate Judge Susan K Lee added. (BDG, ) |
| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Caterpillar, Inc.. (BDG, ) |
| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by All Plaintiffs. (BDG, ) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Hamilton County, Tennessee, case number 18c525. (Filing fee $ 400 receipt number 0649-3675429), filed by Caterpillar, Inc.. (Attachments: #1 Other State Court Complaint, #2 Other Civil Cover Sheet)(Rouse, John) |
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